WRITTEN QUESTION E-3196/02 by Ria Oomen-Ruijten (PPE-DE) to the Commission. Illegal parallel imports of cheaper pharmaceuticals from developing countries.
Date: 2002-11-08
Institutions: European Parliament, Provisional data
Subjects: customs regulations, developing countries, discriminatory price, illicit trade, industrial counterfeiting, intellectual property, medicinal product, pharmaceutical industry

15.1.2004

EN

Official Journal of the European Union

C 11 E/37

The Commission is also involved in increasing the level of coordination of policies and programmes
amongst the Commission and Member States at the partner country level. This will probably lead to a
stronger common Union position in sector dialogue and support.

The Pan American Health Organisation has visited the Commission and expressed its interest in enhancing
collaboration with the Union. The Commission acknowledges the PAHO’s role in supporting health plans
and reforms in the region and welcome this interest. It, therefore, looks forward to find closer and more
concrete ways of collaboration.

(2004/C 11 E/037)

WRITTEN QUESTION E-3196/02

by Ria Oomen-Ruijten (PPE-DE) to the Commission

(8 November 2002)

Subject: Illegal parallel imports of cheaper pharmaceuticals from developing countries

As developing countries do not have sufficient financial resources and facilities for the safe and effective
use of pharmaceuticals, they receive cheaper pharmaceuticals. At present, these cheaper pharmaceuticals
are being sold at a higher price in the European Union by means of illegal parallel imports. This product
differentiation reduces the scope for supplying cheaper medicines to developing countries. The health of
the inhabitants of those countries suffers as a result.

1. What measures will the Commission take to prevent cheaper pharmaceuticals from being diverted
from developing countries to countries where pharmaceuticals are more expensive?

2.
At present EU patent law provides for the system of exhaustion of Community rights. For how long
does the Commission expect that it will be possible to retain this system? Could this system be replaced so
imports of cheaper pharmaceuticals from
that EU countries can protect their markets against parallel
developing countries?

Answer given by Mr Lamy on behalf of the Commission

(23 December 2002)

In accordance with the Commission Communication to the Council and the Parliament on accelerated
action targeted at major communicable diseases within the context of poverty reduction (1), measures to
prevent trade diversion of tiered priced products should be reinforced. To this end, the Commission
therefore, on 30 October 2002, adopted a proposal for a Council Regulation to avoid trade diversion into
the Union of certain key medicines (2).

This initiative, once adopted by the Council, will enable the customs authorities to suspend the release of
or detain tiered priced products at Union borders until the national competent authority has decided
whether the products are tiered priced products or not.
It is important that segmentation between
developed country markets and developing country markets can be upheld in order to secure sustainable
offers of low priced medicines to developing countries.

The proposed Regulation does not interfere with intellectual property rights. Both protected and non-
protected products may be listed as tiered priced products provided the conditions set out in the draft
Regulation are fulfilled. A right holder might indeed choose to exercise his intellectual property rights in
the event protected tiered priced products have entered the Community market despite efforts to intercept
them at the border.

C 11 E/38

Official Journal of the European Union

EN

15.1.2004

While exhaustion of intellectual property rights does apply to products placed on the market by or with
the consent of the right holder within the European single market, right holders are free to take civil action
for infringement in the national courts against the unauthorised parallel importation or commercialisation
of protected goods which have entered the Union from third counties. This position has been confirmed
by the European Court of Justice. There are no plans within the Community to change this policy.

(1) COM(2001) 96 final.
(2) COM(2002) 592 final.

(2004/C 11 E/038)

WRITTEN QUESTION E-3204/02

by Stavros Xarchakos (PPE-DE) to the Commission

(11 November 2002)

Subject: Personal freedoms in Turkey and Albania

According to Community officials, the EU wishes to send a ‘message of encouragement’ to Turkey, while
continuing to strengthen relations with Albania. However,
the Albanian press reports that private
correspondence between Albanian citizens is constantly interfered with, and the respected French
newspaper, ‘Le Figaro’, reported on 22 October 2002 that Mr A. Firat, a candidate standing in the Turkish
elections on 3 November, had been arrested by the Turkish police on 21 October 2002 and charged with
using the Kurdish language at an election rally.

Is the Commission aware of these flagrant violations of personal freedoms in Turkey and Albania? Why do
such violations continue despite years of protest by MEPs, respected international publications, NGOs and
other bodies? Has the Commission perhaps failed to make clear that any country’s economic or other
relations with the EU are dependent on absolute respect for fundamental personal freedoms, which are an
integral part of European culture? Why are the ‘reforms’ recently announced by Turkey concerning the use
of Kurdish in education and broadcasting not being implemented? Do the ‘reforms’ announced by the
Turkish government include the repeal of the antiquated electoral law applying in Turkey, which prohibits
candidates from using any language other than Turkish?

Answer given by Mr Verheugen on behalf of the Commission

(6 January 2003)

The Commission is well aware of the case of Mr A. Firat, the leader of Rights and Freedoms Party (HAK-
PAR), who was detained at a rally in Diyarbakir on 21 October 2002 after speaking Kurdish. Mr A. Firat
was released after five hours on the same day without further repercussions.

According to Turkish electoral
law, the Turkish language has to be used in electoral campaigns. The
Commission is not aware of any concrete proposals to change this law. However, the new government has
indicated its intention to revise the electoral law in the spirit of recent constitutional changes.

As for the recent reform package adopted in August 2002, these reforms relate to education and
broadcasting in languages other than Turkish.

A Regulation on the learning of the different ‘languages and dialects traditionally used by Turkish citizens
in their daily lives’ entered into force on 19 September 2002.

A Regulation concerning broadcasting in languages other than Turkish has not yet been adopted.
According to Law No 4771 of 9 August 2002 all regulations foreseen should enter into force one year
after the date of the publication of the law.