[Ip-health] Outcome of the European Institutions's negotiations on Access to medicines for developing countries

[Alexandra HEUMBER]

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Dear all,

Please find information about the European Parliament negotiations with
the Council and the European Commission on its requests to get more
commitments from the EU to ensure access to affordable medicines for
developing countries.

The European Parliament gave today its assent to the ratification of the
amendment to the TRIPS Agreement making permanent the WTO August 30th
mechanism (allowing compulsory licence to export) after getting a
"commitment declaration" from the Council. Here below the main points. The
Council's statement will be published soon.


Extracts of the EU Council Statement

The EU recognised that the  : "TRIPS Agreement represents just a part of
the solution to the problem of access to medicines and public health and
that other measures to improve health care and infrastructure are equally
indispensable.";

Then the EU recalled that "the Member States of the European Union remain
free under WTO rules to use the different exceptions provided under the
TRIPS Agreement in their domestic patent laws, including those provided
for under Article 30 of the TRIPS Agreement.";

The EU committed to " support the use of the so-called flexibilities built
into the TRIPS Agreement and recognized by Paragraphs 4, 5 and 6 of the
Doha Declaration as well as the additional flexibilities for Least
Developed Countries made available pursuant to Paragraph 7 of the Doha
Declaration in order to be able to provide essential medicines at
affordable prices under their domestic public health programmes.

 " In view of the Doha Declaration, in the framework of the EPA
negotiations with the ACP countries and other future bilateral and
regional agreements with poor developing countries and LDCs, the European
Union is not asking, and does not foresee asking, to negotiate
pharmaceutical-related provisions (sometimes referred to as TRIPS +
provisions),  affecting public health and access to medicines.

Finally, we look favourably upon initiatives encouraging the transfer of
technology, research, capacity strengthening, regional supply systems and
help with registration, in order to facilitate and increase the production
of pharmaceutical products by the developing countries themselves, and
will work with Member States towards that end.

Concerning the corresponding measures and the budgetary procedures, we are
sure that the engagement of the European Parliament, which has raised the
visibility of the issue of access to medicines, will help to increase
their efficiency. "


See also below the Press releases of the European Socialist Group and
Liberal Group.



Press release from the Liberal Group

Intellectual Property and access to medicines: EP & Council reach
agreement
24/10/2007
Following a prolonged but successful negotiation with the EU Commission
and Council, the European Parliament, led by rapporteur Gianluca Susta
(ALDE/La Margherita), has finally endorsed an amendment to the TRIPS
(Trade Related Aspects of Intellectual Property Rights) Agreement on
Intellectual Property aimed at allowing developing countries to make or
buy copycat versions of patented drugs to treat diseases like AIDS and
malaria.
The EP vote had been delayed three times as MEPs did not want to give the
green light to the modification without a prior strong commitment by the
Council and Commission on the real application of the Trips Agreement by
the EU, in particular, on the use of all the flexibility contained in the
Agreement.
The solution came only on Monday after a last minute statement by the
Portuguese Presidency which commits the EU to really make access to
medicines easier both on a bilateral and multilateral level.
As regards the transfer of technology to facilitate and increase the
production of pharmaceutical products by the developing countries
themselves, the Portuguese Presidency has also endorsed the European
Parliament's proposal to earmark funds from the next EU budget.
Commenting, Gianluca Susta MEP, said:"We won this battle proving that it
is crucial for the European Parliament to be united. However, the real
struggle for access to medicines against HIV/AIDS is still not over.
Bureaucracy and reluctance from most developed countries are often a major
impediment. I am sure there will be other occasions when we have to return
to this and reaffirm our stance".
For more information
Corlett Neil - Tel: +32 2 284 20 77 Mob: +32 478 78 22 84
Alberti Paolo - Tel: +32 2 283 11 30 Mob: +32 472 93 24 86



Press release Socialist Group

23/10/2007 - First steps towards better access to medicines for poor
countries.
In Strasbourg on Wednesday, the European Parliament will be giving the
green light to an international protocol designed to facilitate access to
cheaper medicines for poor countries.

The International Trade Committee signalled its agreement by a big
majority on Tuesday, bringing to an end several months of wrangling with
the EU Council of Ministers and the Commission, which had hitherto
rejected the improvements being championed by MEPs.
"This is an historic victory and an extraordinary advance for the European
Parliament," commented Erika Mann, Socialist Group spokesperson on trade
policy.
"For the first time, the EP has managed to secure tangible results from
the Council of Ministers in an area regarded by the Member States as their
exclusive preserve," she added.
"What we have here is a demonstration of how the work of Parliament, with
a permanent eye on responsibility, bears fruit in the end," declared Kader
Arif, in charge of this dossier on behalf of the Socialist Group.
"The three successive postponements of the vote in Parliament were driven
by global public health concerns. These results have been secured on the
basis of values of solidarity," the MEP added.
Under this agreement, the Member States are free to produce generic
medicines and export them to poor countries with no production capacity of
their own.
The European Union has also made a commitment not to negotiate with
developing countries (particularly ACP) any measures affecting public
health within the framework of negotiations on trade agreements.
Furthermore, the Union will fund projects for the development of research
and production capacities in these countries.
For all that, Socialists remain very much on their guard.
"This agreement will need to be applied to start with, but we know that
other advances are necessary in order to respond to the scale of the
challenge. It is a never-ending battle," stressed Kader Arif.
More info: www.socialistgroup.eu
Contact: Solange H=E9lin-Villes - Mobile:+32 476 510172

Alexandra Heumber
EU Advocacy Liaison Officer
M=E9decins Sans Fronti=E8res
Access to Essential Medicines Campaign
Rue Dupr=E9, 94. 1090 Brussels
++32 (0) 2 474 75 09 (Dir off)
++ 32 (0) 479 514 900 (Mob)
++ 32 (0) 2 474 75 75 (Fax)
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