29.11.2007 Official Journal of the European Union L 311/35 II (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COUNCIL COUNCIL DECISION of 19 November 2007 on the acceptance, on behalf of the European Community, of the Protocol amending the TRIPS Agreement, done at Geneva on 6 December 2005 (2007/768EC) THE COUNCIL OF THE EUROPEAN UNION, (3)  On 30 August 2003, the WTO General Council adopted a temporary Decision on the implementation of paragraph 6 of the Declaration on the TRIPS Agreement and Public Health. Having regard to the Treaty establishing the European Community, and in particular Article 133(5) in conjunction with the first sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof, (4 Paragraph 11 of that Decision provides that that Decision, including the waivers granted in it, is to terminate for each Member on the date on which an Having regard to the proposal from the Commission, amendment to the TRIPS Agreement replacing its provisions takes effect for that Member. Having regard to the assent of the European Parliament (1), (55 On 6 December 2005, in order to transform the 30 August 2003 Decision into an amendment of the Whereas: TRIPS Agreement, the WTO General Council adopted a Protocol amending the TRIPS Agreement and submitted it to the Members of the WTO for acceptance. (1) On 14 November 2001 at Doha, the Fourth Session of the Ministerial Conference of the World Trade Organi- sation (hereinafter referred to as the WTO) adopted the Declaration on the TRIPS Agreement and Public Health (6)  Paragraph 3 of the Protocol provides that the Protocol is (WTO doc. WT/MIN(01)/DEC/2). to be open for acceptance by Members until 1 December 2007 or such later date as may be decided by the Minis- terial Conference. (2)  Paragraph 6 of that Declaration instructed the Council for TRIPS to find an expeditious solution to the problem of the difficulties that WTO Members with insufficient or The no manufacturing capacities in the pharmaceutical sector could face in making effective use of compulsory licensing under the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the TRIPS Agreement). Commission participated, on behalf of the Community, in the negotiation of the Protocol. (8)  In accordance with Article 133(5) of the Treaty, the (') Assent of 24 October 2007 (not yet published in the Official Community is competent to conclude agreements in Journal). the field of commercial aspects of intellectual property.