MOTION FOR A RESOLUTION
4.9.2006
pursuant to Rule 108(5) of the Rules of Procedure
by Eoin Ryan
on behalf of the UEN Group
on counterfeiting medicines
B6‑0467/2006
European Parliament resolution on counterfeiting medicines
The European Parliament,
– having regard to the declaration on ‘combating IPR piracy and counterfeiting’ issued by the Heads of State and Government of the G8 on 16 July 2006 in St Petersburg,
– having regard to Declaration of Rome issued by the WHO International Conference on Combating Counterfeit Drugs on 18 February 2006,
– having regard to the Commission initiatives on respect for intellectual property rights and its action plan against counterfeiting and piracy, adopted in October 2005,
– having regard to Rule 108(5) of its Rules of Procedure,
A. whereas counterfeiting medicines, including the entire range of activities from manufacturing to providing them to patients, is a serious criminal offence that puts human lives at risk,
B. whereas some estimates by the World Health Organisation (WHO) put counterfeits at more than 10% of the global medicines market, and whereas this phenomenon is present in all parts of the world, but especially in developing countries - an estimated 25% of the medicines consumed in developing countries are believed to be counterfeit,
C. whereas the most counterfeited medicines in developing countries have been those used to treat life-threatening conditions such as malaria, tuberculosis and HIV/Aids, and whereas, as the phenomenon spreads, more and more medicines are being counterfeited, including expensive ones, such as anti-cancer drugs, and those in great demand,
D. whereas the regular use of substandard or counterfeit medicines can lead to therapeutic failure or resistance to drugs and even to death in some cases,
E. whereas trade in these products is more prevalent in countries with weak drug regulation control and enforcement, a scarce and/or erratic supply of basic medicines, unregulated markets and unaffordable prices,
F. whereas Internet-based sales of pharmaceuticals are a major source of counterfeit medicines in industrialised countries,
G. whereas the escalating, organised and global nature of the counterfeiting of medicines calls for effective coordination and cooperation among all stakeholders at international level,
H. whereas the European Union entered the international ‘anti-forgery’ fight inexcusably late, and whereas the increased accessibility of borders and the development of new technologies (Internet) are likely to intensify the phenomenon of piracy,
1. Urges the European Union to play a leading role in promoting the Convention on the creation of a specific criminalisation system (crime or offence) in accordance with the laws of each country as regards counterfeiting or the distribution of counterfeit medicines;
2. Calls on the Commission and all the Member States to enhance the exchange of information and the coordination of measures to combat counterfeit drugs among all the various public and private stakeholders, such as drug regulatory authorities, pharmaceutical manufacturers, national law enforcement officers and international organisations, for example the WHO, Interpol and the World Customs Organisation;
3. Calls on the governments of all the Member States to endorse deterrent legislation prohibiting the manufacture, import, export, distribution and sale of counterfeit drugs;
4. Calls on the governments of the Member States to establish or strengthen national drug regulatory agencies, to provide the necessary human, financial and other resources and to foster national and international cooperation among the competent organisations and other national law enforcement agencies, such as police, customs and the judiciary, with a view to effectively controlling the drug market and enforcing drug regulations;
5. Invites the Member States to foster bilateral and multilateral agreements with other countries, in particular with countries sharing common borders, in order to prevent cross‑border trade in and the smuggling of counterfeit medicines;
6. Recognises that more cooperation is needed in order to develop harmonised measures (including the adoption of a common definition of counterfeit drugs) which might prevent the spread of counterfeit drugs globally;
7. Urges the European Union to promote at international level a system of simple, easily interpretable and cheap markers of authenticity;
8. Calls on the Commission to boost the development and implementation of technical assistance programmes for developing countries that builds the capacity necessary to combat trade in counterfeit medicines;
9. Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States, the UN Secretary-General and the Secretary-General of the WHO.