Source: EURLEX
Language: en
Format: md

6.3.2004 EN Official Journal of the European Union C 58 E/49

(2004/C 58 E/065) **WRITTEN QUESTION E-1151/03**

**by Richard Corbett (PSE) to the Commission**

_(1 April 2003)_

_Subject:_ Pricing of medicines sold in developing countries

In October 2002 the Commission submitted a proposal to Council based on Article 133 of the Treaty
relating to the tiered pricing of medicines sold in developing countries. The proposal is now subject to
massive, negative and highly inappropriate industry lobbying based on the pharmaceutical industry’s
continuing desire to be able to charge high prices in poor countries, therefore denying access to medicines
for millions. The underlying philosophy of the proposal is essentially developmental and not only trade
related. However, the Commission’s choice of legal base has resulted in industry lobbying being conducted
in closed meetings and entirely out of public view, with Member State officials and the Commission being
almost besieged by pharmaceutical industry lobbyists.

Should Council seek to amend the proposal significantly, will the Commission consider re-submitting the
proposal based on joined legal bases of Articles 133 and 179, thereby allowing the proposal to be adopted
by codecision, which would surely have been a more appropriate legal base in the first place?

**Answer given by Mr Lamy on behalf of the Commission**

_(30 April 2003)_

The Commission concurs to the statement of the Honourable Member that the proposal for a Regulation
to avoid the trade diversion of certain key medicines, submitted to Council on 30 October 2002 ( [1] ),
continues to be the subject of massive industry lobbying, addressed to both Member States and the
Commission.

The Commission is confident that Member States’ governments, like the Commission itself, make their
decisions not only on the basis of input from lobbyists, but are capable to find the necessary equilibrium
between all interests and policy objectives concerned. Moreover, in addition to industry input, the
Commission has, of course, equally taken into account the views expressed by other interested parties.

Considering that the discussions in the Council are still ongoing, the Commission considers the question
submitted by the Honourable Member to be premature.

( [1] ) OJ C 45 E, 25.2.2003.

(2004/C 58 E/066) **WRITTEN QUESTION E-1179/03**

**by Maurizio Turco (NI) and Marco Cappato (NI) to the Commission**

_(1 April 2003)_

_Subject:_ Operating systems, software and programming and development environments used for the
operation of the systems used by Europol

Can the Commission answer the following:

1. What are the operating systems, software and programming and development environments used for
the operation of the systems used by Europol?

2. What legal rules on intellectual property apply to these IT programmes?

3. Does the European Union have the right to check the source codes of all software infrastructures, and
have such checks actually been carried out to ascertain that the systems are not defective, do not
generate errors (with particular reference to mistaken identity) and do not have security failings which
could jeopardise Europol’s objectives?