Life Sciences and Biotechnology: A Strategy For Europe
Life Sciences and Biotechnology: A Strategy For Europe
Life Sciences and Biotechnology: A Strategy For Europe
EUROPEAN COMMISSION
Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions
COM(2002) 27
European Commission
A great deal of additional information on the European Union is available on the Internet. It can be accessed through the Europa server (http://europa.eu.int). Cataloguing data can be found at the end of this publication. Luxembourg: Office for Official Publications of the European Communities, 2002 ISBN 92-894-3388-4 European Communities, 2002 Reproduction is authorised provided the source is acknowledged. Printed in Belgium PRINTED ON WHITE CHLORINE-FREE PAPER
Contents
Part I: A strategy for Europe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. The strategic challenges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1. Technology revolution and policy response . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2. A European strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The potential of life sciences and biotechnology . . . . . . . . . . . . . . . . . . . . . . . . . . . Harvesting the potential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.1. The knowledge base . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2. Europes capacity to offer scientific and technological solutions . . . . . . . . . . A key element for responsible policy: governing life sciences and biotechnology . . . 4.1. Societal scrutiny and dialogue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2. Developing life sciences and biotechnology in harmony with ethical values and societal goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3. Demand-driven applications through informed choice . . . . . . . . . . . . . . . . . 4.4. Confidence in science-based regulatory oversight . . . . . . . . . . . . . . . . . . . . . 4.5. Regulatory principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Europe in the world responding to global challenges . . . . . . . . . . . . . . . . . . . . . 5.1. A European agenda for international collaboration . . . . . . . . . . . . . . . . . . . . 5.2. Europes responsibilities towards the developing world . . . . . . . . . . . . . . . . . Implementation and coherence across policies, sectors and actors . . . . . . . . . . . . . A framework for dialogue and action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 7 9 10 12 13 14 17 18 19 21 22 23 25 25 26 28 30
2. 3.
4.
5.
6. 7.
Part II: Action plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. 2. 3. 4. Harvesting the potential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A key element for responsible policy: governing life sciences and biotechnology . . . Europe in the world responding to global challenges . . . . . . . . . . . . . . . . . . . . . Implementation and coherence across policies, sectors and actors . . . . . . . . . . . . .
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applications, such as gene testing and regeneration of human organs or tissues. These in turn offer the prospect of applications with profound impacts throughout our societies and economies, far beyond uses such as genetically modified plant crops. The expansion of the knowledge base is accompanied by an unprecedented speed in transformation of frontier scientific inventions into practical use and products and thus also represents a potential for new wealth creation: old industries are being regenerated and new enterprises are emerging, offering the kind of skill-based jobs that sustain knowledge-based economies. As probably the most promising of the frontier technologies, life sciences and biotechnology can provide a major contribution to achieving the European Communitys Lisbon Summits objective of becoming a leading knowledge-based economy. The European Council in Stockholm in March 2001 confirmed this and invited the Commission, together with the Council, to: examine measures required to utilise the full potential of biotechnology and strengthen the European biotechnology sectors competitiveness in order to match leading competitors while ensuring that those developments occur in a manner which is healthy and safe for consumers and the environment, and consistent with common fundamental values and ethical principles. Europes current performance in life sciences and biotechnology is not facilitating the achievement of that objective.
Europe seems to be hesitating
In Europe and elsewhere, intensive public debate has emerged. While the public debate has contributed to awareness and concrete improvements on important issues, it has also focused narrowly on genetically modified organisms (GMOs) and specific ethical questions, on which public opinion has become polarised. In the Community, like in other regions and countries, the scientific and technological progress in these areas raises difficult policy issues and complex regulatory challenges. Uncertainty about societal acceptance has contributed to detracting attention in Europe from the factors that determine our capacity for innovation and technology development and uptake. This has stifled our competitive position, weakened our research capability and could limit our policy options in the longer term. Europe is currently at a crossroads: we need to actively develop responsible policies in a forward-looking and global perspective, or we will be confronted by policies shaped by others, in Europe and globally. The technology and its applications are developing rapidly the Commission believes that Europes policy choice is, therefore, not whether
but how to deal with the challenges posed by the new knowledge and its applications.
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develop its domestic policies with a clear international perspective and act internationally to pursue its interests?
A strategy and an action plan
The Commission proposes a strategy to respond with responsible, sciencebased, and people-centred policies on an ethical basis. This strategy aims to allow Europe to benefit from the positive potential of life sciences and biotechnology (Sections 2 and 3), to ensure proper governance (Section 4), and to meet Europes global responsibilities (Section 5). This is a proposal for an integrated strategy its different elements are interdependent and mutually reinforcing. Implementing this strategy requires an open, collaborative and sustained process to develop coherent and credible policies (Section 6). The Commission also proposes an action plan for concrete measures by the Commission and the Community, as well as recommendations for other public and private actors, respecting the subsidiarity principle.
Life sciences and biotechnology are widely regarded as one of the most promising frontier technologies for the coming decades. Life sciences and biotechnology are enabling technologies like information technology, they may be applied for a wide range of purposes for private and public benefits. On the basis of scientific breakthroughs in recent years, the explosion in the knowledge on living systems is set to deliver a continuous stream of new applications. There is a huge need in global healthcare for novel and innovative approaches to meet the needs of ageing populations and poor countries. There are still no known cures for half of the worlds diseases, and even existing cures such as antibiotics are becoming less effective due to resistance to treatments. Biotechnology already enables cheaper, safer and more ethical production of a growing number of traditional as well as new drugs and medical services (e.g. human growth hormone without risk of Creutzfeldt-Jakob disease, treatment for haemophiliacs with unlimited sources of coagulation factors free from AIDS and hepatitis C virus, human insulin, and vaccines against hepatitis B and rabies). Biotechnology is behind the paradigm shift in disease management towards both personalised and preventive medicine based on genetic predisposition, targeted screening, diagnosis, and innovative drug treatments. Pharmacogenomics, which applies information about the human genome to drug design, discovery and development, will further support this radical change. Stem cell research and xenotransplantation offer the
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prospect of replacement tissues and organs to treat degenerative diseases and injury resulting from strokes, Alzheimers and Parkinsons diseases, burns and spinal-cord injuries. In the agro-food area, biotechnology has the potential to deliver improved food quality and environmental benefits through agronomically improved crops. Since 1998, the area cultivated with genetically modified (GM) crops worldwide has nearly doubled to reach some 50 million hectares in 2001 (in comparison with about 12 000 hectares in Europe). Food and feed quality may be linked to disease prevention and reduced health risks. Foods with enhanced qualities (functional foods) are likely to become increasingly important as part of lifestyle and nutritional benefits. Plant genome analysis, supported by a FAIR research project, has already led to the genetic improvement of a traditional European cereal crop (called spelt) with an increased protein yield (18 %) which may be used as an alternative source of protein for animal feed (3). Considerable reductions in pesticide use have been recorded in crops with modified resistance. The enhancement of natural resistance to disease or stress in plants and animals can lead to reduced use of chemical pesticides, fertilisers and drugs, and increased use of conservation tillage and hence more sustainable agricultural practices, reducing soil erosion and benefiting the environment. Life sciences and biotechnology are likely to be one of the important tools in fighting hunger and malnutrition and feeding an increasing human population on the currently cultivated land area, with reduced environmental impact. Biotechnology also has the potential to improve non-food uses of crops as sources of industrial feedstocks or new materials such as biodegradable plastics. Plant-based materials can provide both molecular building blocks and more complex molecules for the manufacturing, energy and pharmaceutical industries. Modifications under development include alterations to carbohydrates, oils, fats and proteins, fibre and new polymer production. Under the appropriate economic and fiscal conditions, biomass could contribute to alternative energy with both liquid and solid biofuels such as biodiesel and bioethanol as well as to processes such as bio-desulphurisation. Plant genomics also contributes to conventional improvements through the use of marker-assisted breeding. New ways to protect and improve the environment are offered by biotechnology including bioremediation of polluted air, soil, water and waste as well as development of cleaner industrial products and processes, for example based on use of enzymes (biocatalysis).
(3) http://europa.eu.int/comm/research/agro/fair/en/be1569.html.
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The potential of life sciences and biotechnology is being exploited at an accelerating rate and is likely to engender a new economy with the creation of wealth and skilled jobs. Less certain is the time profile and orientations of this development and whether Europe will fully participate. Some estimates suggest that by the year 2005 the European biotechnology market could be worth over EUR 100 billion. By the end of the decade, global markets, including sectors where life sciences and biotechnology constitute a major portion of the new technology applied, could amount to over EUR 2 000 billion.
Direct and indirect market potential of life sciences and biotechnology (1)
Industrial: EUR 1 500 billion market globally in 2010 in sustainable industrial and environmental technology (only partly biotech) with environmental technology estimated at EUR 90120 billion (2). Pharmaceutical: EUR 506 billion world market in 2004 (EUR 818 billion in 2010 assuming constant increase) (3). Agricultural: Although there is a steady increase in the area sown with genetically modified seeds, the future market value is difficult to predict, as it would depend on the possible development of a non-GM feed market. Million hectares worldwide (4):
1998 1999 2000 2001
28
40
44
53
Allowing for the uncertainty of estimates from different sources, the above would imply that in 2010 there would be a total world market (excluding agriculture) of above EUR 2 000 billion in sectors where a major portion of the new technology and a substantial part of the total technology comes from biotechnology companies.
(1) Beyond quoted figures, comparative data on international competitiveness in biotechnology are difficult to establish: the main value factor is knowledge, and the usual statistical data on turnover/sales/exports do not reveal the location where value in terms of intellectual property has been added. (2) UK Government data: from the DTIs bio-wise programme launched in 1999: OECD: POST report 136, April 2000. (3) IMS Health (www.imshealth.com). (4) ISAAA: International Service for the Acquisition of Agri-Biotech Applications.
Europeans are also likely to become major beneficiaries of solutions offered by life sciences and biotechnology in the form of products and services for consumers, for public benefits and throughout the production system. But to manage this development, to give us options, to project our values and policy choices internationally, and to reap the benefits of a new
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emerging economy, Europe should also command the knowledge base and its transformation into new products, processes and services.
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interface where biotechnology is yielding innovative approaches to treatments of human and animal diseases.
... research to meet societys needs
Europes research agenda for life sciences should be based on the needs of its citizens and attuned to our particular requirements. This calls for an approach which actively identifies the needs and opportunities presented by European societies and seeks to address them through innovative research. We need to strengthen further the links between research and other Community policies, including the scientific basis for health and safety regulations. Within the same logic, it is also of utmost importance to involve scientists and researchers as closely as possible in societal consensus-building. New research partnerships should also be encouraged amongst developed and developing nations to take full advantage of promising technologies and biodiversity potential, the basis for future progress.
The potential for applications of life sciences and biotechnology promises to be a growing source of wealth creation in the future, leading to the creation of jobs, many of which will be highly skilled, and new opportunities for investment in further research. If Europe is to benefit from this, excellence in the science base is not enough: it is essential to have the capacity to translate knowledge into new products, processes and services, that in turn will generate benefits to society, skilled jobs and prosperity. The development of new capacity involves the encouragement of the entire research and innovation process to attract and train researchers, to attract investment and resources, and to provide a balanced and responsible legal, regulatory and policy framework.
During the 1980s, biotechnology in Europe developed primarily within large companies whereas, unlike the United States, the small company sector remained mostly stagnant. While large companies in the pharmaceutical and chemical sectors continue to exploit the technology to provide innovative products, we have seen a rapid expansion of the small company sector in Europe in the recent past. There are now more dedicated biotechnology companies in Europe (1 570), than in the United States (1 273). This is an encouraging demonstration of entrepreneurial potential in Europe.
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1 600 25 1 400
1 200
20
Number of companies, United States Number of companies, Europe Revenue, United States Revenue, Europe Revenue Europe (adjusted)
Billion EUR
Companies
1 000 15 800
600
10
400 5 200
1997
1998
1999
2000
2001
NB: European data for 2000 and 2001 are adjusted by the inclusion of the Swiss biotech company Serono.
However, the European SMEs are relatively small companies, whereas the US biotechnology industry started earlier, produces more than three times the revenues of the European industry, employs many more people (162 000 against around 60 000), is much more strongly capitalised and, in particular, has many more products in the pipeline.
Comparison of employment
200 000
180000
160 000
140 000
120 000 Number of employees, United States Number of employees, Europe Number of employees, Europe (adjusted) 80 000
100 000
60 000
40 000
20 000
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PART I
The Commissions 2001 report on competitiveness (Chapter V) analysed in detail why commercial development of EU industry currently lags behind that of the United States in the biotechnology sector. Intellectual property rights were identified as a relevant factor to be taken into account. Structurally, biotechnology SMEs are very capital-intensive, and investments have long payback periods. Risk capital funding has been increasingly available, but does not appear to be sufficient at all stages of the long company development process. Insufficient supply of skilled personnel may develop into a major constraint for industry development.
Action for Europes biotechnology sector
Eliminating such bottlenecks is as important as fostering an entrepreneurial Europe with sufficient incentives for innovation and economic risk-taking to create the necessary dynamics. Europes competitiveness should be enhanced through three main pillars for action: the resource base, networks and a proactive role for public authorities. Reinforcing the resource base is of prime importance for this knowledge-based industry; this calls first of all for enhancing life sciences education (lifelong learning for scientists, general awareness of the public). We also need training across disciplines and specialisation, including the potential for take-up of information and communication technologies in biotechnology; new ideas tend to emerge at the junction of specialisation. Scientific and engineering knowledge has to be matched with entrepreneurial management skills for successful company operation. This action pillar contributes directly to Europes education (4) and employment (5) objectives. Comprehensive, up-to-date and publicly and freely available bioinformatics data are the basis for advances in biotechnology. In order to flourish, companies need access to high-quality public and private databases and tools. While maintaining strong public research, public support and intellectual property rules should encourage collaborations, especially public/private ones, that mobilise resources and support innovation. In the border region between research and application, the conditions for exploitation of knowledge, in particular well-managed risk capital and Europe-wide rules for intellectual property rights, make all the difference. The full implementation of Directive 98/44/EC on the legal protection of biotechnological inventions will considerably improve legal certainty for industry. The clarification of the legislative environment within the
(4) Ten-year objectives in education and lifelong learning. (5) Employment policy guidelines for 2002: improving employability; developing entrepreneurship and job creation; encouraging adaptability of businesses and their employees.
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European Community (EC) will provide innovative firms in the various industries using biotechnology with an incentive to continue or even increase their investments in research. In addition, the adoption of the Community patent would promote the competitiveness of the EC companies. We need to network Europes biotechnology communities to facilitate open access to knowledge, skills and best practices, and to create a close community of actors and institutions involved in biotechnology. Europe-wide intellectual property protection must be completed to provide an affordable basis for technology transfer and cooperation. Links between the university and the industry spheres need to be strengthened. Research cooperation and technology transfer among regions and Member States must be enhanced. There is a need to promote and facilitate different forms of networking and linking-up to overcome current fragmentation. Benchmarking allows the sharing of knowledge of good practices (e.g. on business clusters and incubators). An intelligent management of diversity may exploit the network benefits of regional clusters that are specialised in specific technologies. The fast development of biotechnology and the broad range of potential applications require a proactive role for public authorities to monitor the impact on competitiveness of the existing policy framework and to anticipate emerging issues and proactively adapt policies. This will need a pooling of the knowledge available to public decision-makers, through information exchange and networking.
4. A key element for responsible policy: governing life sciences and biotechnology
The public debate on life sciences and biotechnology and the fundamental values affected highlight the need for responsible and coherent policies to govern these fast-moving technologies. All key stakeholders have stressed the importance of governance, i.e. attention to the way public authorities prepare, decide, implement and explain policies and actions. The Commission proposes to apply the highest standards of governance of life sciences and biotechnology along five main action lines: societal scrutiny and dialogue should accompany and guide the development of life sciences and biotechnology;
The technology revolution calls for governance through
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life sciences and biotechnology should be developed in a responsible way in harmony with ethical values and societal goals; informed choice should facilitate demand-driven applications; science-based regulatory oversight should enhance public confidence; basic regulatory principles and legal obligations should be respected to safeguard the Community single market and international obligations.
Life sciences and biotechnology have given rise to significant public attention and debate. The Commission welcomes this public debate as a sign of civic responsibility and involvement. Life sciences and biotechnology should continue to be accompanied and guided by societal dialogue. Dialogue in our democratic societies should be inclusive, comprehensive, well informed and structured. Constructive dialogue requires mutual respect between participants, innovative approaches, and time. It should be structured in agreement with stakeholders to allow progress, for example in the provision of better information and mutual understanding. Experience also shows how important it is that dialogue takes place at the local and national levels, as well as internationally, and the Commission invites Member States and local actors to take relevant initiatives. Dialogue should be open for all stakeholders. Public authorities should help to ensure participation by stakeholders with limited resources. Economic operators, industry and users, who have economic interests at stake, as well as the scientific community bear a particular responsibility for active participation. The Commission invites these parties to respond to public concerns, for example through transparency of their visions, policies and ethical standards. Relevant public information is essential for meaningful dialogue. Providing it requires focused and proactive efforts. It is especially important that the information needs formulated by the broad public are taken seriously and responded to. We shall also strive for a balanced and rational approach, distinguishing between real issues, on which we must act, and false claims.
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4.2. Developing life sciences and biotechnology in harmony with ethical values and societal goals
Without broad public acceptance and support, the development and use of life sciences and biotechnology in Europe will be contentious, benefits will be delayed and competitiveness will be likely to suffer. The debate and the public consultation carried out by the Commission (6) indicate that the European public is quite prepared and capable to enter into complex weighting of benefits against disadvantages, guided by fundamental values. Although sometimes polarised, the public debate demonstrates many points of converging views. Public opinion depends crucially on the perceived benefits of life sciences and biotechnology. Eurobarometer surveys reveal that public expectations of biotechnology, apart from medical advances, are moderate. There is also considerable public uncertainty about some applications, and aversion towards their distributional impacts and the risks involved. There is broad support for many guiding values and goals. Some of these, such as the freedom of research, intrinsic value of new knowledge and the moral obligations to help alleviate illness or hunger, tend to favour the development and application of these new technologies. Others help to clarify the criteria and conditions for the development and applications of life sciences and biotechnology, in particular the need to take into account the ethical and societal implications, and the importance of transparency and accountability in decision-making, minimising risk, and freedom of choice. It is therefore of key importance to support information and dialogue to help the public and stakeholders better understand and appreciate these complex issues and to develop methods and criteria for assessing benefits against disadvantages or risks, including the distribution of impacts among different parts of society. Our democratic societies should offer the necessary safeguards to ensure that the development and application of life sciences and biotechnology take place respecting the fundamental values recognised by the EU in the Charter of Fundamental Rights, in particular by confirming the respect for human life and dignity. The Community has also banned funding of research into human reproductive cloning. Support should be given to
(6) The Commission intends to publish these comments on the Internet.
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the Franco-German initiative, addressed to the UN, for a worldwide convention on the prohibition of human reproductive cloning. Other issues such as stem cell research clearly require attention and further debate. Europe has also taken clear positions on the importance of freedom of choice for consumers as well as for economic operators with respect to GM foods, and we have established broad societal agreement on the need to safeguard European agricultural practices. However, scientific and technological progress will continue to give rise to new ethical or societal implications. The Commission considers that these issues should be addressed proactively and with a broad perspective, taking into account the moral obligations towards present and future generations and the rest of the world. We should not content ourselves with acting defensively only when our core values are being transgressed. These issues cannot be adequately addressed within the narrow context of regulatory product approvals but require more flexible and forwardlooking approaches. Europe needs an active and ongoing public dialogue, accompanied by focused fact-finding on both benefits and disadvantages to allow the public to contribute to the complex process of setting priorities. In the context of its science and society initiative (7), the Commission has already proposed a series of actions intended to strengthen the ethical dimension in sciences and new technologies. To be at the front of developments, Europe should have the capacity for foresight/prospective analysis and the necessary expertise to help clarify the often complex issues for policy-makers and the public, and to place them in their scientific and socioeconomic context. The Commission welcomes the key role played by the European Group on Ethics in Science and New Technologies since its creation in the early 1990s and proposes, as part of the present strategy, to enhance its role and to reinforce the networking with and between national ethical bodies. To this end, an additional targeted consultation of the other Community institutions is envisaged. Moreover, transparency, accountability and participatory approaches in public policy-making need to be reinforced. These objectives coincide with those of the Commissions White Paper on European governance (8) and will be pursued through the actions proposed therein.
(7) COM(2001) 714, 4.12.2001. (8) COM(2001) 428 final, 25.7.2001.
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Where safety is an issue, Community legislation is science-based and its application with respect to specific decisions will be in accordance with the precautionary principle (9). The European Agency for the Evaluation of Medicinal Products (EMEA) is a successful example of setting high standards of scientific advice and effective risk communication. With the creation of the European Food Safety Authority (EFSA), the already high standards of excellence, independence and transparency of scientific advice in that field will be taken further and new emphasis will be placed on risk communication. EFSA will be responsible for scientific assessments of environmental, human and animal health effects of GMOs and GM food and feed, and will have a forward-looking responsibility for identifying emerging risks, including those which may arise from the application of biotechnology in agri-food production. These are essential contributions to public trust in the scientific basis for regulatory oversight for the safety of existing foods and medicines as well as new applications. Building public confidence and understanding must be a permanent concern. There is a general need to enhance public trust in the role of science in our societies. The Commission has proposed an action plan on science and society to promote scientific culture, to better take into account public needs in setting the scientific agenda, and to place science at the heart of European policies. Public authorities, economic operators and the scientific community should actively present relevant knowledge and facilitate understanding on key issues, including that scientific knowledge is always advancing and therefore regularly improves our reference points. Moreover, it is an essential part of the process of public understanding and policy formulation to also evaluate the risks of not taking action, for example against the evolution of new or drugresistant diseases and in areas where current agricultural practices are unsustainable. Biotechnological inventions require high capital investment, long development cycles and comprehensive regulatory approval. Effective patent protection is a crucial incentive to R & D and innovation and an essential means of guaranteeing return on investment. Moreover, the disclosure of information in patent publication has been important in contributing to the overall development of biotechnology. In view of the rapid scientific progress, legislation on intellectual property needs
(9) Commission communication on the precautionary principle, COM(2000) 1 final, 2.2.2000, and the Nice European Council conclusions.
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to be monitored very closely. Regular assessments need to be made on whether the patent regime satisfies the needs of researchers and companies. In this respect, the EC and its Member States should ensure that the interpretation of the essential criteria of novelty, invention and utility in the field of life sciences is not left exclusively to courts and patent offices. As regards the international context, there is a need to work towards a level playing field in patent protection in industrialised countries. Steps need to be taken with a view to promoting international dialogue on this issue. The basis for Community regulation of these new technologies should be more transparent and better communicated. For example, we should be clearer about how regulators deal with risk potential risk, scientific uncertainty (e.g. the absence of zero risk, the application of the precautionary principle), weighing of comparative risks, the role of the different stages of risk analysis, the role of risk management measures such as monitoring and safeguards, and their proportionality with risk. In addition, whilst underlining the importance of legal certainty and predictability, we need to stress the reversibility of regulatory decisions when justified and highlight the ongoing work on international convergence of risk analysis methodologies and development of anticipatory risk analysis methodologies. Publicly funded research in support of regulatory oversight is of particular importance for public confidence. Specific initiatives proposed in the Commissions White Paper on European governance are particularly relevant for enhancing public confidence, in particular the planned improvements for openness and accountability in risk governance and in use of expertise. Confidence in our regulatory oversight is a responsibility of public authorities but also requires the responsible participation of other stakeholders such as the biotechnology industry, other economic operators, the scientific community, NGOs and the media.
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In order to improve the coherence, transparency and efficiency of Community regulation, the Commission suggests that Community regulatory activity should respect the following principles. Risk governance and product authorisation: Products of biotechnology should, in accordance with the established regulatory principles and frameworks, be authorised on the basis of a comprehensive scientific risk assessment if found to be safe for human, animal or plant life and health and the environment. In cases where scientific evidence is insufficient, inconclusive or uncertain, and where possible risks are judged to be unacceptable, risk management measures should be based on the precautionary principle. Risk management should take into account the results of risk assessment and other factors legitimate to the matter under consideration in order to achieve the chosen level of protection. Procedures for authorisation should be transparent, and risk assessments should be published and made available for public comment as part of the authorisation procedures. Communication needs to be an integral part of risk assessment and risk management activity. Safeguarding the internal market: To secure the functioning of the internal market and legal certainty, Community legislation should be drafted and periodically reviewed to ensure coherence and efficiency, including with regard to its practical feasibility and enforceability. Implementation of and compliance with Community law should be carefully monitored, and any problem of compliance should be addressed and resolved among the parties concerned according to existing procedures in a transparent and predictable manner. Proportionality and consumer choice: Community regulatory requirements should be proportionate to the degree of identified risk and should conform with the Communitys international obligations. As proposed by the Commission, Community legislation should facilitate consumer choice through ensuring that consumers/users are informed in cases where a food, feed or seed is genetically modified or derived from GMOs. Predictability, modernisation and impact assessment: The Commission should periodically publish a rolling regulatory work programme (see Section 6) to improve predictability, transparency and quality of regulation. Regulation should continue to be regularly reviewed in order to be up-to-date with scientific and technological progress, for evaluation of impacts and for conformity with the present principles.
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The Community is committed to open, multilateral, and rule-based trading systems. We should therefore promote respect and implementation of existing international agreements. Given the particular issues raised by life sciences and biotechnology, the Community should promote solutions and dialogue at international level that: ensure mutual supportiveness between relevant international agreements and, in particular, between the WTO agreements and the Biosafety Protocol; support a coherent, comprehensive, effective, transparent and inclusive approach to biotechnology across the relevant international forums in order to avoid overlaps and make the best use of their respective expertise (including the FAO, UNEP, CBD, WTO, WHO and Unctad (10)). Europe should continue to play a full part, in particular in the OECD and the Codex Alimentarius, and notably its ad hoc intergovernmental task force on biotechnology, to promote within these organisations the development and periodic review of harmonised guidelines with respect to the risk analysis, the labelling and the traceability of products derived from modern biotechnology. The role and efficiency of EU participation in international discussions should be enhanced, including through discussions with developed and developing countries. Dialogue should promote mutual understanding of concerns and objectives of different countries and regions, such as the EU/US Biotechnology Forum which delivered its final report in December 2000 (11). Early policy dialogue about forthcoming legislation may reduce the potential for international friction.
Life sciences and biotechnology hold the promise of meeting some of the fundamental needs for food and health facing the developing world. The United Nations Development Programme (UNDP), in its 2001 Human Development Report, highlights the potential of biotechnology for the developing world (12). Some emerging economies such as China, India and Mexico have already initiated ambitious national development programmes.
(10) Food and Agriculture Organisation, United Nations Environment Programme, Convention on Biological Diversity, World Trade Organisation, World Health Organisation, United Nations Convention on Trade and Development. (11) http://europa.eu.int/comm/external_relations/us/biotech/biotech.htm. (12) http://www.undp.org/hdr2001/.
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Life sciences and biotechnology are not a panacea and will not resolve the distributional problems of the developing world but they will be one of the important tools. New capacities should help developing countries reconcile yield increases, sustainable use of natural resources, economic efficiency and social acceptability. Potential applications must be adequately researched and assessed, taking full account of both the environmental safety issues and the needs expressed by the populations concerned to reduce poverty and strengthen food security and nutritional quality. As a major actor in life sciences and technologies, Europe has a particular responsibility to help the developing world deal with the risks, challenges and opportunities, and to facilitate the safe and orderly development of these technologies at the global level. Europe already holds an influential position in international deliberations on life sciences and biotechnology. This needs to be taken forward with responsible policies to achieve our strategic objectives and to allow the safe and efficient use of life sciences and biotechnology in developing countries. Europe should continue to promote protection of biodiversity and the implementation of the Biosafety Protocol for international trade in living modified organisms. Moreover, Europe should continue to support negotiated multilateral frameworks such as the Convention on Biological Diversity and the FAO international undertaking on plant genetic resources. These international instruments regulate access to genetic resources and the sharing of the benefits arising from their use, with a view to providing compensation to the centres of origin of genetic resources and the holders of traditional knowledge used in biotechnological inventions. The EC should contribute to ensure that the benefits generated by biotechnological inventions, including intellectual property income, are properly shared with the providers of genetic resources or traditional knowledge. Europe should contribute to technical assistance, capacity-building and technology transfer to allow developing countries to participate in negotiating and implementing international agreements and standards, notably on risk governance, and to develop and apply safely these new technologies if they so wish. Europe should support local initiatives for dialogue on biotechnology among public and private stakeholders and civil society in partner countries. Europe should encourage equitable and balanced northsouth partnerships and public research for demand-driven applications of life sciences and biotechnology.
Putting European capacities to the service of developing countries
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PART I
Domestic European policies with regard to life sciences and biotechnology are bound to have major impacts on developing countries. Whilst not compromising EU food safety requirements or consumer information policies, we should provide technical assistance and capacity-building to ensure that our policies do not, unwittingly, prevent developing countries from harvesting desired benefits. In particular, we should guard against regulatory requirements that may be manageable only in the industrial world but are unachievable by developing countries, thereby either upsetting existing trade or effectively blocking developing countries from developing life sciences and biotechnology at their own wish and pace.
Europe does not have a single policy for life sciences and biotechnology but a patchwork of specific regulation, overlaid by many sectoral and horizontal policies at international, Community, Member State and local levels. If, with so many actors and policies involved, Europe is to successfully manage life sciences and biotechnology and reap the benefits for society, we should proceed on the basis of a shared vision for a cooperative approach and with effective implementing mechanisms to compensate for absence of overall responsibility and control. Without such mechanisms, life sciences and biotechnology risk continuing to suffer indecision or short-sighted and local solutions. The Commission proposes to structure and support implementation of the present strategy and the enclosed action plan through the following measures. To monitor progress in policy development and on the ground, and to anticipate emerging issues in this fast-developing area, the Commission will, starting in 2002 and ending in 2010, present a regular life sciences and biotechnology report, including a rolling work programme for legislation. We need to ensure coherence across Community legislation and policies directly regulating, or indirectly impacting on, the development and application of life sciences and biotechnology. The Commission will, as part of its life sciences and biotechnology reports, review the coherence of Community policies and legislation affecting life sciences and biotechnology and launch initiatives and proposals as appropriate. Particular attention will be given to ensure that regulation on life
Implementation through
... monitoring
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sciences and biotechnology adequately integrates our international objectives and facilitates innovation and international competitiveness, that Community research contributes coherently and effectively to Community objectives, and that other Community policies and objectives (e.g. in environment, public health and consumer protection, education, employment, agriculture, trade and development policies) adequately reflect the long-term and global importance of life sciences and biotechnology. The Commission will evaluate whether existing international forums and bilateral dialogues are sufficiently effective and provide an adequate flow of information, and whether the domestic coordination mechanisms can be improved. Where different levels of competence apply, the strategy should be a reference for collaboration between different actors (Community, national and local public authorities, economic operators, the scientific community, etc.). As part of the Lisbon strategy, coherent action for life sciences and biotechnology should be pursued through the established methods of coordination and benchmarking. In addition, new forms of collaboration and partnerships between stakeholders should be encouraged. Together with Member States, the Commission will also assess whether current patterns of competence and mechanisms of cooperation allow the effective achievement of the strategic objectives, including to reassess whether there is a need for reinforcing Community competence in accordance with the EC Treaty. The Commission invites all institutions and public actors to strive for better coherence in their action. For its own part, it will seek to provide the vigilance and political impetus to keep momentum in implementing the present strategy, through its own action or through recommendations and invitations to other parties. The Commission intends to hold more regular orientation debates, coinciding with the adoption of the abovementioned Commission life sciences and biotechnology report. In order to facilitate transparency and structured dialogue on the further development and implementation of the proposed strategy for life sciences and biotechnology, the Commission will organise a broadly based stakeholders forum, including representatives of the candidate countries and third countries.
... coordination and benchmarking
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PART I
It is time to clarify the strategic opportunities and challenges facing Europe. Life sciences and biotechnology are a global reality and essential for the objective of developing dynamic and innovative knowledgebased economies. We have to face the difficult questions and identify our strategic objectives to avoid the pitfalls of short-term solutions to longterm challenges and of local solutions to global challenges. Recognising that life sciences and biotechnology raise particular challenges, the Commission undertook to propose a strategy and concrete actions. It now presents this initiative for a coherent, collaborative and sustained effort. The present initiative draws on a thorough analysis (13) of the strengths and weaknesses of European biotechnology, and a broad public debate and the specific public consultation launched by the Commission in September 2001. The initiative should, in turn, itself inspire further dialogue. The attached action plan suggests a broad scope of measures according to the orientations set out in Sections 3 to 6 of this communication. It constitutes a framework, within which some actions can be launched in the short term while other actions for the medium and longer term are identified and suggested for further development in collaboration with Member States and stakeholders. The Commission now invites the Community institutions and bodies, the Member States, protagonists and the public to contribute to refining and implementing the proposed strategy by defining detailed measures under both short- and medium-term actions and the time-plan for their deliverables, as a first decisive step towards an effective and coherent European biotechnology policy.
(13) European competitiveness report 2001, Luxembourg, 2001; Innovation and competitiveness in European biotechnology, Enterprise Papers No 7, 2002, European Commission.
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(1) Where reference is being made to the Member States in the action plan, the Commission will examine with interested candidate countries their participation. (2) Education Council report to the European Council 5980/01. (3) COM(2001) 678, 21.11.2001.
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PART II
Action 2 The Commission will explore with Member States: (a) the opportunity and best way to establish efficient methods to match a skilled workforce with job opportunities, involving effective communication of open positions, collaboration with established companies and a labour force aware of available employment options; (b) possible measures to attract and retain scientists and avoid brain drain. In achieving this, specific reference will be paid to the initiatives launched under the communication A mobility strategy for the research area (4), which aims at improving the overall environment of researchers and their families in the EU. Due attention will also be paid to the increased mobility opportunities offered by the forthcoming sixth framework programme (200206), and more particularly to the measures aimed at attracting foreign researchers and supporting the return of EU researchers established in other parts of the world. Implementer: Member States, Commission Timeframe: 2003 onwards
(4) COM(2001) 331 final, of 20 June 2001, as supplemented by the Council resolution of 20 December 2001 concerning the reinforcement of the mobility strategy within the European research area.
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PART II
Capital base
Action 6 The Commission should, together with the European Investment Bank (EIB) and the European Investment Fund (EIF), strengthen the capital base for the biotechnology industry by: (a) seeking to stimulate investments in research and technological innovation via complementary financing on the basis of the cooperation agreement, signed in June 2001, between the Commission and the EIB group; (b) seeking to stimulate investments in business incubators through the EIF start-up facility; (c) studying measures to support technology transfer mechanisms, such as financing of patent pools or other methods for patent exploitation; (d) studying measures to encourage commercial financing of companies based on a mediumterm investment perspective. Implementer: EIB group, Commission Timeframe: 2002 onwards
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Action 7 The Commission will strengthen the work of the Biotechnology and Finance Forum by the inclusion of relevant major stakeholders to provide advice in policy development in the field of capital supply. Implementer: Commission Timeframe: 2002
Action 9 Member States, their regions, the Commission and the EIB should support: (a) stronger interregional cooperation, for example, through a network of biotechnology regions. Cross-border and interregional cooperation can receive funding from the Interreg programmes (notably Interreg IIIB and IIIC); (b) networks of biotechnology clusters in addition, the Commission will organise a European competition between biotechnology innovation clusters, to highlight their capability to develop a cluster with a focus of excellence in a specific scientific field. Implementer: Member States, regions, EIB, Commission Timeframe: 200306
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PART II
Action 11 Transparency in the administrative process: (a) The Commission and Member States, as regulatory authorities, should aid applicants, especially from start-up companies and SMEs, requesting approval through the regulatory process. (b) The Commission will issue a guide to Community regulation for users and for entrepreneurs who have limited staff and expertise in the regulatory and legal fields. Such a guide should also benefit non-EU (e.g. developing world) applicants and the general public. Implementer: (a) Member States, Commission; (b) Commission Timeframe: 2003 onwards
Action 12 In collaboration with the involved actors, the Commission will benchmark good practices in clustering biotechnology companies and in the work of business incubators and disseminate results. The Commission will also establish with Member States a programme for benchmarking relevant elements of biotechnology policies, in addition to existing benchmarking structures. Implementer: Commission Timeframe: 2003 onwards
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2. A key element for responsible policy: governing life sciences and biotechnology
Societal scrutiny and dialogue
Action 13 The Commission, Member States, organisations, institutions and other actors should engage in a structured dialogue at various levels to develop an understanding and information exchange on life sciences and biotechnology. The Commission will, in particular, help mobilise all key actors in the public debate and facilitate participation of stakeholders with limited resources. In particular: (a) the Commission will propose a framework for a process of dialogue and follow-up with stakeholders as a result of the European strategy for life sciences and biotechnology. The framework will notably include a broadly based stakeholders forum. In this process, the Commission will take the initiative to explain better Europes regulatory approach (including the application of the precautionary principle, the role of risk management, monitoring, safeguards and reversibility of regulatory decisions); (b) the Commission will take initiatives, and invites the scientific community and other stakeholders to assist, to promote awareness of key scientific paradigms underlying regulatory oversight such as scientific uncertainty, absence of zero risk, comparative risks, that science is continuously evolving and therefore continuously improves our reference points, and the articulation between the steps in the risk analysis process. Within their respective fields, the European Food Safety Authority and the European Agency for the Evaluation of Medicinal Products will play an important role in general risk communication, including the scientific background for their conclusions on risk assessments; (c) beyond these two specific initiatives, the Commission will also encourage public debates on biotechnology between scientists, industry and civil society, including specific interest groups, such as patients groups, farmers and consumers, focusing on specific technological developments, to raise public interest in such developments and offer early information on potential benefits and risks. Developers in the scientific community and in industry have a specific responsibility in actively explaining the background and the benefits of their products. Implementer: Member States, industry, academia, civil society, EFSA, EMEA, Commission Timeframe: 2002 onwards
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PART II
Developing life sciences and biotechnology in harmony with ethical values and societal goals
Action 14 The Commission will strengthen and focus Community support for research into socioeconomic and ethical issues and dissemination of results, including criteria for assessing the benefits of using biotechnology in agri-food production, to facilitate future reporting and to provide a good basis for societal decisions on the application of life sciences and biotechnology. The Commission will programme research support to a more systematic mapping of benefits and disadvantages/risks which should include a strong component for dissemination of information and debate. The Commission will ensure that ethical, legal and social implications are taken into account at the earliest possible stages of Community-supported research by means of funding bioethics research and of providing an ethical review of research proposals received. Implementer: Commission Timeframe: 200206
Action 15 The Commission proposes to enhance the role of the European Group on Ethics in Science and New Technologies. In addition, the Commission will launch a separate consultation of the other Community institutions on possible structural improvements. The Commission will also promote collaboration between Community, national and local levels by promoting networking of national and local ethical bodies and elected representatives. The Commission will organise a network of academic and professional experts for ad hoc advice on specific socioeconomic aspects. Implementer: ethical bodies, legislatures, Commission Timeframe: 2002
Action 16 The Commission will develop, jointly with the European Parliament, outreach measures to inform about the analysis of ethical issues at the EU level. While respecting cultural pluralism, the Commission will work with public and private partners to identify areas where it is possible to establish consensus on ethical guidelines/ standards or best practice. Areas might include stem cell research, biobanks, xenotransplantation, genetic testing and use of animals in research. Such guidelines could, when appropriate, take the form of self-regulatory initiatives in the scientific community and industry. Implementer: European Parliament, Member States, regions, industry, institutions, Commission Timeframe: 2002 onwards
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PART II
Action 20 The Commission will continue its work with a view to finalising the legislative proposals which have already been announced, such as initiatives concerning GM plant propagating material, environmental liability and the implementation of the Biosafety Protocol. Implementer: European Parliament, Council, Commission Timeframe: 200203
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Action 23 The Commission will support the development of methodologies for monitoring potential long-term environmental impacts of GMOs as compared with conventional crops, and methodologies for the monitoring of effects of genetically modified food and feed as compared with conventional food and feed. With the establishment of the European Food Safety Authority, the work on the early identification of emerging risks will be reinforced and upgraded. Implementer: Commission Timeframe: 2002 onwards
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PART II
Genetic resources
Action 26 The Commission and the Member States will support the conservation and sustainable use of genetic resources in developing countries and their equitable sharing of benefits arising from their use by: (a) supporting the development and enforcement of effective measures to conserve, to use sustainably and to provide access to genetic resources and traditional knowledge, as well as to share equitably the benefits arising from them, including income generated by intellectual property protection. Support for local communities is vital to conserve indigenous knowledge and genetic resources; (b) supporting the participation of delegates from developing countries in the negotiations of relevant international conventions; (c) supporting measures to promote greater regional coordination in legislation to minimise disparities in access, benefits and also trade in products derived from genetic resources, in accordance with international commitments. Implementer: Member States, Commission Timeframe: 2002 onwards
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Health
Action 27 The Commission and the Member States should work with the international community to concretise the commitment to research to combat HIV/AIDS, malaria, TB and other main poverty-related diseases and also to identify effective measures to support developing countries in establishing the structures needed to deploy a health policy. Implementer: Member States, Commission Timeframe: 2002 onwards
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PART II
Action 30 The Commission will present a regular report on life sciences and biotechnology to monitor progress and indicate possible specific proposals to ensure policy and legislative coherence. The report will draw on the conclusions under Actions 10 and 29. Implementer: Commission Timeframe: 2003 onwards
European Commission Life sciences and biotechnology A strategy for Europe Luxembourg: Office for Official Publications of the European Communities 2002 46 pp. 17.6 x 25 cm ISBN 92-894-3388-4
ISBN 92-894-3388-4
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