WRITTEN QUESTION E-2869/03 by Margrietus van den Berg (PSE) to the Commission. European and Developing Countries Trials Programme (EDCTP).
Date: 2003-09-26
Institutions: European Parliament, Provisional data
Subjects: cooperation policy, developing countries, intellectual property, medical research, research results, scientific cooperation

13.3.2004

EN

Official Journal of the European Union

C 65 E/235

(2004/C 65 E/250)

WRITTEN QUESTION E-2869/03

by Margrietus van den Berg (PSE) to the Commission

(26 September 2003)

Subject: European and Developing Countries Trials Programme (EDCTP)

The EDCTP will support the implementation of clinical
trials and strengthen collaboration between
European and developing country scientists. How will intellectual property rights for products that emerge
out of such collaborative research be managed/shared?

Answer given by Mr Busquin on behalf of the Commission

(24 October 2003)

During the discussions in the Parliament and in the Council, leading to the adoption of Decision 1209/
2003/EC (1) of 16 June 2003 on Community participation on the EDCTP programme, a balance was
sought between on the one hand encouraging the involvement of
industry by providing adequate
protection of intellectual property rights and on the other hand seeking an easy and affordable access to
the results of the research activities for the population of developing countries. Article 2(g) reflects this
compromise:

The Community contribution shall be conditional upon: formulation of the provisions relating to
intellectual property rights in such a way that they also aim at ensuring that the people of developing
countries have an easy and affordable access to the research results produced by activities under the
EDCTP Programme and to the products directly deriving from its results.

This provision is taken up by the new structure (a European Economic Interest Grouping (cid:1) EEIG) created
on 27 June 2003 in the Netherlands, which will implement the EDCTP programme.

The statutes of the EEIG already include dispositions reflecting Article 2(g) and the contract between the
Commission and the EEIG will impose the same requirements. It is the responsibility of the EEIG to make
sure this provision is implemented on a case by case basis for each of the clinical trials that it will be
funding.

The Commission will closely monitor the implementation of Article 2(g) by the EEIG.

(1) Decision 1209/2003/EC of the Parliament and of the Council of 16 June 2003 on Community participation in a
research and development programme aimed at developing new clinical interventions to combat HIV/AIDS, malaria
and tuberculosis through a long term partnership between Europe and developing countries, undertaken by several
Member States, OJ L 169, 8.7.2003.

(2004/C 65 E/251)

WRITTEN QUESTION P-2872/03

by Margrietus van den Berg (PSE) to the Council

(22 September 2003)

Subject: Salvaging of the ferry Le Joola

A year ago, the ferry Le Joola sank off the coast of Senegal. 1 863 people were drowned, including dozens
of Europeans. To this day, the ferry remains on the seabed together with the bodies of the victims. Despite
lobbying by their families and friends and by the European Parliament, the ship has still not been salvaged.
President Wade of Senegal recently agreed that he would cease to oppose its salvaging. However, there is
no money to pay for it. It is very important to the families and friends of the dead that the ferry should be
salvaged, so that they can take proper leave of their loved ones.