Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-09-05-Speech-2-321"
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"Mr President, ladies and gentlemen, the Commission shares the great concerns that Mr Cornillet has just expressed, and I have come to the same conclusion about the profoundly criminal nature of this counterfeiting.
As a matter of principle, we of course endeavour to work at multilateral level. The Commission therefore supports the initiatives of the World Health Organization to combat counterfeit medicines. The WHO Conference held in Rome in February 2006 created a platform for specific action. Accordingly, the Commission supports the launching of a WHO taskforce to combat counterfeit medicines at international level. The results of the work of this taskforce will benefit all WHO members, including developing countries. The Commission will play an active part in this taskforce and provide the necessary information.
In addition, the Commission is carrying out projects supported by the European Development Fund, particularly the EC-WHO partnership on pharmaceutical policies. This partnership is intended to enable ACP countries to render more effective their legislation and quality assurance systems for medicines, and to improve aspects such as their controls, their action against substandard or counterfeit medicines and their information management. EUR 2.3 million have been provided for this.
The third issue is the idea of an international convention against counterfeit medicines. The idea of such a convention was discussed in detail in the course of preparations for the February 2006 WHO Conference and at the conference itself. Most participants, including the Commission, were of the opinion that an international convention is not, at present, the most effective means of combating the growing threat from counterfeit medicines. The taskforce set up at the conference is in a better position to gather and pass on information and work out the urgently needed solutions.
Finally, may I reassure the House that the Commission shares Parliament’s concerns and is prepared to take up suggestions and take further initiatives.
The question rightly mentions three problem areas. The first is the fight against counterfeit medicines within the European Union. The Commission is taking action on this at two levels.
First of all, we have of course reinforced legal protection. In 2004, new legislation was adopted on the protection of intellectual property, and 2003 and 2004 saw the adoption of new legislation on customs action against goods suspected of infringing certain intellectual property rights. Discussions are currently being held on two proposals on criminal measures aimed at ensuring the enforcement of intellectual property rights.
A recent study in the Community revealed that, within the European Union in the last five years, 27 counterfeit medicines have turned up in legal distribution channels and 170 in illegal distribution channels. On the basis of these findings, the Member States are currently developing measures to combat this counterfeiting.
For its part, the Commission, together with the Member States, the European Medicines Agency and international partners, is investigating what measures will be necessary in future to protect public health. The issues being considered in this regard include the enforcement of existing legislation, cooperation between the various authorities, and also communication and awareness-raising. Nor do I exclude the possibility that the existing legislation will have to be further developed, and that we shall have to consider amending it.
More effective customs controls are an important instrument for curbing the trade in counterfeit medicines. I am pleased to say that the quantity of counterfeit medicines seized by customs is already increasing. The Commission communication on a customs response to latest trends in counterfeiting and piracy that was issued recently addresses the problem of counterfeit medicines, and recommends specific measures to combat this growing threat.
In the experience of the customs authorities, a large proportion of the counterfeits are transported through the EU and are often destined for developing countries. The fight against imported counterfeits is particularly difficult in that they often enter the EU in small quantities, and customs authorities have to detect the illegal goods in a very large number of small consignments.
The Commission encourages right holders to take full advantage of the protection afforded by Council Regulation (EC) No 1383/2003. On their application for action by customs, right holders supply the information the customs authorities need in order to perform a targeted search for the highest-risk consignments.
The second area concerns the issue of what we are doing for the poorer countries, which are actually the main victims of these counterfeit medicines. What are we doing to help them regulate and monitor the quality of medicines in their own territory?"@en1
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