Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2017/0220(COD)**

**COVER NOTE**

**Brussels, 28 August 2020**
**(OR. en)**

**10285/20**

**AG 39**
**INST 176**
**PE 48**
**SAN 285**
**PHARM 35**

From: Secretary-General of the European Commission,
signed by Mr Jordi AYET PUIGARNAU, Director

date of receipt: 25 August 2020

To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council
of the European Union

No. Cion doc.: C(2020) 5705 final

Subject: COMMISSION IMPLEMENTING DECISION of 21.8.2020 on the
request for registration of the proposed European citizens’ initiative
entitled ‘Right to Cure’

Delegations will find attached document C(2020) 5705 final.

Encl.: C(2020) 5705 final

10285/20 BCG/pg
## GIP.2 EN

10285/20 BCG/pg 1
## GIP.2 EN

EUROPEAN

COMMISSION

Brussels, 21.8.2020
C(2020) 5705 final

**COMMISSION IMPLEMENTING DECISION**

**of 21.8.2020**

**on the request for registration of the proposed European citizens’ initiative entitled**

**‘Right to Cure’**

(Only the English text is authentic)

# **EN EN**

**COMMISSION IMPLEMENTING DECISION**

**of 21.8.2020**

**on the request for registration of the proposed European citizens’ initiative entitled**

**‘Right to Cure’**

(Only the English text is authentic)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2019/788 of the European Parliament and of the Council of
17 April 2019 on the European citizens’ initiative [1], and in particular Article 6 thereof,

Whereas:

(1) A request for registration of a proposed European citizens’ initiative entitled ‘Right to
Cure’ was submitted to the Commission on 4 July 2020.

(2) The objectives of the proposed initiative are to: ‘[1] ensure that intellectual property
rights, including patents, do not hamper the accessibility or availability of any future
COVID-19 vaccine or treatment; [2] ensure that EU-legislation on data and market
exclusivity does not limit the immediate effectiveness of compulsory licenses issued
by Member States; [3] introduce legal obligations for beneficiaries from EU-funds to
share COVID-19 health technology related knowledge, intellectual property and/or
data in a technology or patent pool; [4] introduce legal obligations for beneficiaries
from EU-funds regarding transparency on public contributions, production costs, as
well as accessibility and affordability clauses combined with non-exclusive licenses.’

(3) An annex provides further details on the subject matter, objectives and background to
the proposed European citizens’ initiative. In particular, the group of organisers calls
on the Union ‘to put public health before private profit [and] make anti-pandemic
vaccines and treatments a global public good, freely accessible to everyone’.

(4) As regards the first two objectives of the proposed initiative, the Commission has
power to propose a legal act of the Union for the approximation of the provisions laid
down by law, regulation or administrative action in Member States which have as their
object the establishment and functioning of the internal market, on the basis of Article
114 of the Treaty.

(5) As regards the last two objectives of the proposed initiative, the Commission has
power to propose a legal act of the Union for the purpose of implementing the Treaties

1 OJ L 130, 17.5.2019, p. 55

# EN 1 EN

designed to protect and improve public health, on the basis of Article 168(5) of the
Treaty, and research actions in the context of the multiannual framework programme
of the Union, on the basis of Article 182 of the Treaty, read in conjunction with Article
183 of the Treaty.

(6) For these reasons, none of the parts of the proposed initiative manifestly falls outside
the framework of the Commission’s powers to submit a proposal for a legal act of the
Union for the purpose of implementing the Treaties.

(7) The group of organisers has provided appropriate evidence that it fulfils the
requirements laid down in Article 5(1) and (2) of Regulation (EU) 2019/788 and has
designated the contact persons in accordance with the first subparagraph of Article
5(3) of that Regulation.

(8) The proposed initiative is not manifestly abusive, frivolous or vexatious, nor is it
manifestly contrary to the values of the Union as set out in Article 2 of the Treaty on
European Union and rights enshrined in the Charter of Fundamental Rights of the
European Union.

(9) The proposed initiative entitled ‘Right to Cure’ should therefore be registered,

HAS ADOPTED THIS DECISION:

_Article 1_

The proposed European citizens’ initiative entitled ‘Right to Cure’ shall be registered.

_Article 2_

This Decision is addressed to the group of organisers of the European citizens’ initiative
entitled ‘Right to Cure’, represented by Ms Anne DELESPAUL and Ms Sara Anna
MURAWSKI acting as contact persons.

Done at Brussels, 21.8.2020

_For the Commission_
_Věra JOUROVÁ_

_Vice-President_

# EN 2 EN