68. The representative of the European Communities hoped that, given the March 2005 deadline for work on the amendment, the new Chair would start consultations without delay with a view to coming up with a text at the next meeting. He reported that the EC Commission services were preparing a proposal for a regulation on compulsory licences in order to implement the Decision and that this proposal would be presented by the end of this year. His delegation would keep the Council informed of any new development regarding this proposal. He reiterated that his delegation's position on this issue was contained in document IP/C/W/416 and that the exercise was seen as a purely technical one that did not call for any re-opening of substantive discussions. He said that the amendment should faithfully reflect what had been agreed to in the Decision and that his delegation's preferred approach was a change in the body of the TRIPS Agreement to the effect that a new exception was created to Article 31(f). He said that a mere reference to the waiver would not be sufficient but the EC could be flexible on the legal form, provided that the wording would set out a new exception in Article 31(f) allowing Members to issue compulsory licences for export under the conditions agreed to in August 2003. With regard to the Chairman's Statement, he said that the link between the Decision and the Statement should be preserved and that the legal status of the Statement should not be upgraded.
