Source: EURLEX
Language: en
Format: md

[**Important legal notice**](http://europa.eu.int/eur-lex/lex/en/editorial/legal_notice.htm)

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# 92002E3250

**WRITTEN QUESTION E-3250/02 by Margrietus van den Berg (PSE) to the Commission. Commission proposal for access to medicines for developing countries.** 
  
*Official Journal 011 E , 15/01/2004 P. 0044 - 0044*

  

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.

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