WRITTEN QUESTION E-3264/02 by Terence Wynn (PSE) to the Commission. Customs authorities.
Date: 2002-11-19
Institutions: European Parliament, Provisional data
Subjects: Spain, application of EU law, border control, confiscation of property, customs regulations, excise duty, free movement of goods, tobacco

C 11 E/44

Official Journal of the European Union

EN

15.1.2004

(2004/C 11 E/044)

WRITTEN QUESTION E-3250/02

by Margrietus van den Berg (PSE) to the Commission

(19 November 2002)

Subject: Commission proposal for access to medicines for developing countries

The Commission’s press release of 30 October, ‘Commission clears plan to boost access to medicines for
developing countries’, announces a ‘Council regulation enabling exporters to deliver essential medicines
(…) while making sure the goods are not diverted back to the European Union’ and states: ‘However, in
practice it’s clear that if poorer countries get the medicines they need under tiered pricing arrangement,
they won’t need to use compulsory licences’.

This would be a serious development. There are a number of major problems with tiered pricing, notably
the fact that this instrument ultimately depends on voluntary action by the pharmaceuticals industry.

I hope I am right in assuming that the Commission does not intend to propose tiered pricing as a
substitute for the instruments within the TRIPS Agreement which were defended with great difficulty in
the ‘Declaration on the TRIPS Agreement and public health’ and which can make medicines cheaper?

Answer given by Mr Lamy on behalf of the Commission

(17 December 2002)

A country which has access to affordable medicines is not likely to issue a compulsory license. In doing so
the patent holder will withdraw his products from the markets as the right holder is not going to compete
with his own products. That is the case in developed country markets as well as in developing country
markets.

Tiered priced products may not always be available at affordable prices for developing countries and,
consequently, markets in those countries may remain under-supplied. Under certain conditions local
production might be cheaper. Hence there could be a need to issue a compulsory license for that purpose
or for the purpose of importing if the country issuing the compulsory license lacks sufficient production
capacity to produce domestically.

The Commission is therefore not proposing tiered pricing as a substitute for the instrument regarding
compulsory licenses presently under negotiation at the trade related intellectual property rights Council.
However, given the Commission’s commitment to alleviate the plight of countries presently suffering from
human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS), malaria, tuberculosis
and other diseases, tiered pricing should be encouraged. To improve access to medicines in developing
country markets, discounted prices as well as other tools, including compulsory licensing, are means to
achieve this objective.

(2004/C 11 E/045)

WRITTEN QUESTION E-3264/02

by Terence Wynn (PSE) to the Commission

(19 November 2002)

Subject: Customs authorities

Do Customs authorities at Palma Airport, Majorca, Spain have the right to confiscate cigarettes from
outbound travellers on cigarettes that have been duty paid?

15.1.2004

EN

Official Journal of the European Union

C 11 E/45

Answer given by Mr Bolkestein on behalf of the Commission

(23 December 2002)

The Commission would like to inform the Honourable Member that it has received complaints relating to
tobacco products by Spanish authorities from outbound travellers. The Commission is
seizure of
investigating these complaints to ensure that Spanish law and practice are in line with Community single
market law and, in particular, with Council Directive 92/12/EEC of 25 February 1992 on the general
arrangements for products subject to excise duty and on the holding, movement and monitoring of such
products (1).

(1) OJ L 76, 23.3.1992.

(2004/C 11 E/046)

WRITTEN QUESTION E-3285/02

by Glenys Kinnock (PSE) to the Commission

(20 November 2002)

Subject: Impact of enlargement on the EU’s steel industry

Would the Commission clarify how it will respond to concerns about the impact of enlargement on the
EU’s steel industry?

Does the Commission agree that the following points should be resolved satisfactorily:

(cid:1) there must be full transparency on past subsidies;

(cid:1) the competition chapter should not be closed until the Council has approved the restructuring plans

for each country;

(cid:1) after the competition chapter has been closed for each country, the Commission must guarantee that

the applicable state aid acquis will be applied in full;

(cid:1) all state aid must end on accession?

Answer given by Mr Verheugen on behalf of the Commission

(9 January 2003)

The Commission is fully aware that in some candidate countries restructuring of the steal sector without
delay is crucial so that their industry will be able to withstand the competitive pressures of the internal
market when they enter the Union.

In the framework of the Europe Agreements as well as in the context of the Accession Negotiations, the
Commission has taken, in the course of the last months, initiatives that ensure the continued smooth
operation of the internal market whilst taking into account the specific circumstances in the Candidate
Countries where appropriate.

Particular attention has been given to achieving full transparency regarding subsidies given in the past by
the Candidate Countries.

The Commission and the Council will closely monitor the implementation of the commitments undertaken
by the Candidate Countries regarding the restructuring of the steel industry before and after accession, and
up until
the
restructuring stays on track to viability so that the steel sectors in the countries in question can survive on
market conditions without State Aid.

the end of the restructuring period. The monitoring will be designed to ensure that

The negotiations have been concluded with the 10 Accession Countries which are foreseen to enter the
Union on 1 May 2004. Negotiations with Bulgaria and Romania continue on the competition chapter.

The Commission is closely monitoring the applicable State Aid acquis to ensure that it will be fully
implemented well before accession.