EFPIA HCP/HCO DISCLOSURE CODEEFPIA CODE ON DISCLOSURE OF
TRANSFERS OF VALUE FROMPHARMACEUTICAL COMPANIES TOHEALTHCARE PROFESSIONALS AND
HEALTHCARE ORGANISATIONSCONSOLIDATED VERSION 2014
Approved by the General Assembly of 6 June

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TABLE OF CONTENTS
PAGE

PREAMBLE.......................................................................................... 3
APPLICABILITY OF CODES ............................................................................. 4

ARTICLE 1DISCLOSURE OBLIGATIONS .................................................... 5

ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5

FORM OF DISCLOSURE .......................................................... 6
INDIVIDUAL AND AGGREGATE DISCLOSURE ............................. 7
ENFORCEMENT ..................................................................... 8
AMENDMENTS TO, AND GUIDANCE REGARDING COMPLIANCE
WITH, THE CODE ................................................................. 10

SCHEDULE 1

DEFINITION OF TERMS USED IN THE EFPIA HCP/HCO
DISCLOSURE CODE ............................................................. 11
MODEL OF A STANDARDISED TEMPLATE – FOR REFERENCE .... 13
IMPLEMENTATION AND PROCEDURAL RULES ......................... 14

SCHEDULE 2SCHEDULE 3

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PREAMBLE
Healthcare professionals and healthcare organisations with whom they work provide thepharmaceutical industry with valuable, independent and expert knowledge derived fromtheir clinical and management experience. This expertise makes an important contribution
to the industry’s efforts to improve the quality of patient care, with benefits for individuals
and society at large. Healthcare professionals and healthcare organisations should be
fairly compensated for the legitimate expertise and services they provide to the industry.
Prescription medicines developed by the industry are complex products designed toaddress the needs of patients and educating healthcare professionals about medicines andthe diseases they treat benefits patients. The pharmaceutical industry can provide a
legitimate forum for the education of healthcare professionals and the exchange ofknowledge among healthcare professionals and industry.
EFPIA believes that interactions between the pharmaceutical industry and healthcare
professionals have a profound and positive influence on the quality of patient treatment andthe value of future research. At the same time, the integrity of the decision of a healthcare
professional to prescribe a medicine is one of the pillars of the healthcare system. EFPIA
recognises that interactions between the industry and healthcare professionals can create
the potential for conflicts of interest. Consequently, professional and industry associations,
including EFPIA and its member associations, have adopted codes and guidelines toensure that these interactions meet the high standards of integrity that patients,
governments and other stakeholders expect.
In order to continue to be successful, self-regulation needs to respond to the evolving
demands of the society. In particular, there is a growing expectation that interactions
between corporations and society are not only conducted with integrity but are alsotransparent. Following the EU Commission initiative on Ethics & Transparency in thepharmaceutical sector, a multi-stakeholders’ platform – including, among others, EFPIA –has adopted a “List of Guiding Principles Promoting Good Governance in the
Pharmaceutical Sector” (the “Guiding Principles”).
In line with these “Guiding Principles”, EFPIA believes that it is critical to the future successof the pharmaceutical industry to respond to society’s heightened expectations. EFPIA has
therefore decided that its existing Code on the Promotion of Prescription-Only Medicines to,and Interactions with, Healthcare Professionals (the “HCP Code”) and Code of Practice on
Relationships between the Pharmaceutical Industry and Patient Organisations (the “POCode”) should be supplemented by requirements for detailed disclosure regarding thenature and scale of the interactions between the industry and healthcare professionals andorganisations. EFPIA hopes that, by taking this step, it can enable public scrutiny andunderstanding of these relationships and thus contribute to the confidence of stakeholders
in the pharmaceutical industry.
EFPIA believes that the interest of patients and other stakeholders in the transparency ofthese interactions is compelling. EFPIA recognises that disclosure can raise data privacy
concerns and seeks to work with healthcare professionals to ensure that these concerns
are addressed. EFPIA nonetheless believes that transparency can be achieved without
sacrificing the legitimate privacy interests of healthcare professionals and legislation should
not therefore impose excessive restrictions on disclosure by the industry.
The following Code provides for disclosures of transfers of value to healthcare
professionals, whether directly or indirectly. When deciding how a transfer of value should
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be disclosed, companies should, wherever possible, identify and publish at the individual
healthcare professional (rather than healthcare organisation) level, as long as this can beachieved with accuracy, consistency and compliance with applicable law.
The following code imposes obligations to disclose transfers of value to healthcare
professionals and healthcare organisations commencing with reporting in 2016 in respect oftransfers of value for the calendar year 2015. The provisions of this Code shall be
implemented by EFPIA’s member associations in a manner consistent with applicablecompetition and data protection laws and regulations and all other applicable legal
requirements.

APPLICABILITY OF THIS CODE
This Code governs disclosures regarding certain interactions with HCPs and HCOs. It is
intended that this Code shall apply to interactions with HCPs and HCOs to the same extent
1
as the existing HCP Code and PO Code .
Therefore, this Code applies to Member
Companies, including:Full members: research-based pharmaceutical companies, developing andmanufacturing medicinal products in Europe for human use – called corporate
members;
Affiliate members: companies specialising in particular fields of pharmaceuticalresearch and/or development or in new technologies of particular interest to thepharmaceutical industry – called "affiliate corporate members";
Research-based pharmaceutical companies operating in a particular segmentof the pharmaceutical market that join a specialised group within EFPIA: (i)European Bio-pharmaceutical Enterprises (EBE); and (ii) Vaccines Europe (VE).

Separate entities belonging to the same multinational company – which could be the parent
company (e.g. the headquarters, principal office, or controlling company of a commercial
enterprise), subsidiary company or any other form of enterprise or organisation – shall bedeemed to constitute a single company, and is as such committed to compliance with the
EFPIA Codes.
“Europe”, as used in this Code, refers to, collectively, those countries for which there is an
2
EFPIA Member Association.
This Code sets out the minimum standards which EFPIA considers must apply to all
EFPIA Member Associations in all member states. All EFPIA Member Associations will
be required to transpose this Code into their national codes in full, except where its
provisions are in conflict with applicable national laws or regulations, in which case1

This Code is not intended to apply to Transfers of Value the disclosure of which is alreadyprovided for under, or that are otherwise regulated by, the PO Code.

2

Those countries currently include the following 33 countries: Austria, Belgium, Bulgaria, Croatia,
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary,
Ireland, Italy, Latvia, Lithuania, Malta, the Netherlands, Norway, Poland, Portugal, Romania,
Russia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine and theUnited Kingdom.

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deviations are allowed, but only to the extent necessary to comply with such national law
or regulation.
Where an EFPIA Member Association has determined that this Code cannot be
implemented in full due to national law or regulation, such EFPIA Member Association will
not be in breach of its obligations under this Code if the deviation from this Code is no
broader than necessary to comply with such national law or regulation and if it clearly
documents the legal issues limiting full implementation. It is understood that if there is aninconsistency between this Code and the applicable law or regulation to which a Member
Company is subject which would make adherence to this Code not reasonably possible,
the Member Company must comply with such law or regulation and such lack ofadherence shall not constitute a breach of this Code.
Member Companies shall be bound by the relevant EFPIA Member Association’s code ineach country in Europe in which they operate (whether directly or through its relevant
subsidiary). If an EFPIA Member Association where a Member Company operates fails totranspose this Code into its national code by the relevant deadline, such Member Company
will be required to comply with this Code. If a Member Company is not a member of the
EFPIA Member Association in any given country in Europe, it agrees, as a consequenceof its membership in EFPIA (either directly or through its relevant subsidiary), to be boundby that EFPIA Member Association’s code (including any applicable sanctions that may
be imposed under such code).
Non-member associations and companies that decide to voluntarily implement this Codeshall require that each of their respective members, affiliates and subsidiaries, asapplicable, comply with all of the provisions of this Code.

ARTICLE 1DISCLOSURE OBLIGATION
Section 1.01. General Obligation. Subject to the terms of this Code, each Member
Company shall document and disclose Transfers of Value it makes, directly or indirectly,
to or for the benefit of a Recipient, as described in more detail in Article 3.
Section 1.02. Excluded Disclosures. Without limitation, Transfers of Value that (i)are solely related to over-the-counter medicines; (ii) are not listed in Article 3 of this Code,such as items of medical utility (governed by Article 9 of the EFPIA HCP Code), meals
and drinks (governed by Article 10, especially Section 10.05 of the EFPIA HCP Code),
medical samples (governed by Article 16 of the HCP Code); or (iii) are part of ordinary
course purchases and sales of Medicinal Products by and between a Member Company
and an HCP (such as a pharmacist) or an HCO do not fall within the scope of thedisclosure obligation described in Section 1.01.
Section 1.03. Schedules. Each of the attached Schedules forms part of this Code.
Definitions of capitalised terms are included in Schedule 1 to ensure consistentunderstanding of such terms.

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ARTICLE 2
FORM OF DISCLOSURE
Section 2.01. Annual Disclosure Cycle. Disclosures shall be made on an annual
basis and each reporting period shall cover a full calendar year (the “Reporting Period”).
The first Reporting Period shall be the calendar year 2015.
Section 2.02. Time of Disclosure. Disclosures shall be made by each Member
Company within 6 months after the end of the relevant Reporting Period and theinformation disclosed shall be required to remain in the public domain for a minimum of 3
years after the time such information is first disclosed in accordance with Section 2.04,
unless, in each case, (i) a shorter period is required under applicable national data
privacy or other laws or regulations, or (ii) the Recipient’s consent relating to a specificdisclosure, if required by applicable national law or regulation, has been revoked.
Section 2.03. Template. Subject to Section 2.04(ii), for consistency purposes,
disclosures pursuant to this Code will be made using a structure set forth in Schedule 2
for reference, reflecting the requirements of this Code. Deviations from this Scheduleshould only be acceptable where legal requirements justify that this Code is nottransposed in full – therefore, within a given country, only one template shall apply.
Section 2.04. Platform of Disclosure. Disclosures can be made in either of thefollowing ways, provided that they are unrestricted and publicly available:(i) on the relevant Member Company’s website in accordance with Section 2.05; or(ii) on a central platform, such as one provided by the relevant government,
regulatory or professional authority or body or a Member Association, provided that
disclosures made on a central platform developed at the initiative of Member
Associations shall be made, so far as possible, using a structure set forth in Schedule 2
for reference.
Section 2.05.
Applicable National Code. Disclosures shall be made pursuant
to the national code of the country where the Recipient has its physical address. If a
Member Company is not resident or does not have a subsidiary or an affiliate in the
country where the Recipient has its physical address, the Member Company shalldisclose such Transfer of Value in a manner consistent with the national code to which
the Recipient is subject.
Section 2.06.
Language of Disclosure. Disclosures shall be made in thelanguage(s) prescribed in the national code by the relevant Member Association.
Member Companies are encouraged to make disclosures in English in addition to the
mandatory disclosures in the local language (if other than English).
Section 2.07.
Documentation and Retention of Records.
Each Member
Company shall document all Transfers of Value required to be disclosed pursuant to
Section 1.01 and maintain the relevant records of the disclosures made under this Codefor a minimum of 5 years after the end of the relevant Reporting Period, unless a shorter
period is required under applicable national data privacy or other laws or regulations.

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ARTICLE 3
INDIVIDUAL AND AGGREGATE DISCLOSURE
Section 3.01.
Individual Disclosure. Except as expressly provided by thisCode, Transfers of Value shall be disclosed on an individual basis. Each Member
Company shall disclose, on an individual basis for each clearly identifiable Recipient, theamounts attributable to Transfers of Value to such Recipient in each Reporting Period
which can be reasonably allocated to one of the categories set out below. Such Transfersof Value may be aggregated on a category-by-category basis, provided that itemised
disclosure shall be made available upon request to (i) the relevant Recipient, and/or (ii)the relevant authorities.
1. For Transfers of Value to an HCO, an amount related to any of the categories set
forth below:
a. Donations and Grants. Donations and Grants to HCOs that support
healthcare, including donations and grants (either cash or benefits inkind) to institutions, organisations or associations that are comprised of
HCPs and/or that provide healthcare (governed by Article 11 of the HCP
Code).
b. Contribution to costs related to Events. Contribution to costs related to
Events, through HCOs or third parties, including sponsorship to HCPs toattend Events, such as:
i.
ii.
iii.

c.

Registration fees;
Sponsorship agreements with HCOs or with third parties
appointed by an HCO to manage an Event; andTravel and accommodation (to the extent governed by Article 10of the EFPIA HCP Code).

Fees for Service and Consultancy. Transfers of Value resulting from orrelated to contracts between Member Companies and institutions,organisations or associations of HCPs under which such institutions,organisations or associations provide any type of services to a Member
Company or any other type of funding not covered in the previous
categories. Fees, on the one hand, and on the other hand Transfers ofValue relating to expenses agreed in the written agreement covering theactivity will be disclosed as two separate amounts.

2. For Transfers of Value to an HCP:a. Contribution to costs related to Events. Contribution to costs related to
Events, such as:i.
ii.

Registration fees; andTravel and accommodation (to the extent governed by Article 10of the EFPIA HCP Code).

b. Fees for Service and Consultancy. Transfers of Value resulting from orrelated to contracts between Member Companies and HCPs under whichsuch HCPs provide any type of services to a Member Company or any
other type of funding not covered in the previous categories. Fees, on
the one hand, and on the other hand Transfers of Value relating to
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expenses agreed in the written agreement covering the activity will be
disclosed as two separate amounts.
Section 3.02. Aggregate Disclosure. For Transfers of Value where certain
information, which can be otherwise reasonably allocated to one of the categories set
forth in Section 3.01, cannot be disclosed on an individual basis for legal reasons, aMember Company shall disclose the amounts attributable to such Transfers of Value ineach Reporting Period on an aggregate basis. Such aggregate disclosure shall identify,
for each category, (i) the number of Recipients covered by such disclosure, on an
absolute basis and as a percentage of all Recipients, and (ii) the aggregate amountattributable to Transfers of Value to such Recipients.
Section 3.03. Non Duplication. Where a Transfer of Value required to bedisclosed pursuant to Section 3.01 or 3.02 is made to an individual HCP indirectly via an
HCO, such Transfer of Value shall only be required to be disclosed once. To the extent
possible, such disclosure shall be made on an individual HCP named basis pursuant to
Section 3.01(2).
Section 3.04. Research and Development Transfers of Value. Research andDevelopment Transfers of Value in each Reporting Period shall be disclosed by each
Member Company on an aggregate basis. Costs related to events that are clearly
related to activities covered in this section can be included in the aggregate amountunder the “Research and Development Transfers of Value” category.
Section 3.05. Methodology. Each Member Company shall publish a notesummarising the methodologies used by it in preparing the disclosures and identifying
Transfers of Value for each category described in Section 3.01. The note, including ageneral summary and/or country specific considerations, shall describe the recognition
methodologies applied, and should include the treatment of multi-year contracts, VAT
and other tax aspects, currency aspects and other issues related to the timing andamount of Transfers of Value for purposes of this Code, as applicable.

ARTICLE 4
ENFORCEMENT
Section 4.01.
Enforcement through Member Associations.
Each Member
Association shall adopt Implementation and Procedure Rules (as set forth in more detailin Schedule 3), which will be binding upon its members, and set forth the framework forthe implementation of this Code, the processing of complaints and the enforcement ofsanctions in a manner consistent with applicable data protection, competition and other3
applicable laws and regulations.

Section 4.02. Transposition in Member Associations’ Codes. Each Member
Association shall transpose the provisions of this Code into its national code by 31
December 2013. This Code sets out the minimum standards applicable to Member
3

When making a Transfer of Value to a HCP/HCO, and in their written contracts with
HCPs/HCOs, companies are encouraged to include provisions relating to the Recipients’consent to disclose Transfers of Value in accordance with the provisions of the EFPIAHCP/HCO Disclosure Code. In addition, companies are encouraged to renegotiate existing
contracts at their earliest convenience to include such consent to disclosure.

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Associations, except where it is in conflict with applicable national law or regulation, in
which case deviations are allowed, but only to the extent necessary to comply with suchnational law or regulation. Any provisions contained in national codes that embody
higher standards than those of this Code shall not be deemed to constitute deviations
from this Code.
Section 4.03. Disclosure Requirements Different from this Code. Any proposal totranspose this Code into a national code, or to amend any provision transposing thisCode, that requires disclosures different from those required under this Code, shall beclearly and conspicuously so identified in the relevant Member Association’s consultative
process and any materials relating to such proposal. In such case, the EFPIA General
Assembly shall be asked to confirm consistency with this Code, following an EFPIA
Board decision after consultation with the EFPIA Codes Committee. Member Companies
abiding by such Member Associations’ codes as confirmed by the EFPIA General
Assembly shall not be considered to have failed to meet their obligations under this Code.
If the applicable national law or regulation, the relevant national code or otherindustry self-regulation prescribes equivalent or more stringent disclosure requirements,
the relevant Member Company shall comply with such equivalent or more stringent
requirements in a manner as consistent as possible with the substantive disclosure
requirements of this Code.
Section 4.04. Sanctions. Each Member Association should include in its codeprovisions governing the imposition of sanctions for violations of its code. Sanctions
should be proportionate to the nature of the infringement, have a deterrent effect andtake account of repeated offences of a similar nature or patterns of different offences. A
combination of publication and fines will generally be considered to be the most effective
sanction; however, each Member Association may use any other appropriate sanction to
enforce its code. Each Member Association should consider any applicable legal,
regulatory or fiscal requirements which would affect the nature or extent of sanctions
which may be imposed. Where publication or fines are not permitted due to applicablelegal, regulatory or fiscal requirements, Member Associations should impose the bestalternative effective sanction.
Section 4.05. Reporting. The EFPIA Codes Committee shall produce at least
annually reports summarising:(i) the transposition by Member Associations of this Code into their national codes(such report to be produced by 31 March 2014, which date is three months after thedeadline for the transposition of this Code by Member Associations and prior to the 2014
General Assembly so as to allow sufficient time to remedy inadequate or incomplete
transposition by any Member Association); and(ii) once this Code has been transposed into national codes and disclosures are
made for the first time in 2016 (no later than 30 June 2016), activities related to this Code(first such report to be produced in September 2016).

ARTICLE 5
AMENDMENTS TO, AND GUIDANCE REGARDING COMPLIANCE W ITH, THE CODE
Section 5.01. Code Compliance. The EFPIA Codes Committee shall assist
Member Associations to comply with their obligations under this Code. The key tasks of
the Committee are set forth in Schedule 3 attached to this Code.
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Section 5.02. Amendments to the Code. The EFPIA Codes Committee shallregularly review this Code and any guidance issued regarding compliance with this Code.
Any proposed amendments to the Code will be submitted for the EFPIA Board
decision and the EFPIA General Assembly ratification. Proposed amendments to thisCode shall be reviewed by the Codes Committee following consultation with the EFPIA
membership and the relevant EFPIA committees.

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Schedule 1
Definition of terms used in the EFPIA HCP/HCO
Disclosure CodeDonations and Grants
Donations and Grants, collectively, means those donations and grants (either cash or
benefits in kind) within the scope of Article 11 of the HCP Code.
EventsAll promotional, scientific or professional meetings, congresses, conferences, symposia,
and other similar events (including, but not limited to, advisory board meetings, visits toresearch or manufacturing facilities, and planning, training or investigator meetings forclinical trials and non-interventional studies) (each, an “Event”) organised or sponsoredby or on behalf of a company. (Article 10 of the HCP Code).
HCO
Any legal person (i) that is a healthcare, medical or scientific association or organisation(irrespective of the legal or organisational form) such as a hospital, clinic, foundation,
university or other teaching institution or learned society (except for patient organisations
within the scope of the EFPIA PO Code) whose business address, place of incorporationor primary place of operation is in Europe or (ii) through which one or more HCPs provide
services.
HCP
Any natural person that is a member of the medical, dental, pharmacy or nursing
professions or any other person who, in the course of his or her professional activities,
may prescribe, purchase, supply, recommend or administer a medicinal product andwhose primary practice, principal professional address or place of incorporation is in
Europe. For the avoidance of doubt, the definition of HCP includes: (i) any official or
employee of a government agency or other organisation (whether in the public or private
sector) that may prescribe, purchase, supply or administer medicinal products and (ii) any
employee of a Member Company whose primary occupation is that of a practising HCP,
but excludes (x) all other employees of a Member Company and (y) a wholesaler or
distributor of medicinal products.
HCP Code
EFPIA Code on the Promotion of Prescription-Only Medicines to, and Interactions with,
Healthcare Professionals, adopted by the EFPIA Board on 5 July 2007 and ratified by the
EFPIA Statutory General Assembly on 19 June 2008, amended on 14 June 2011, and as
further amended on 24 June 2013, and as may be amended, supplemented or modified
from time to time.
Medicinal Products
Medicinal Products as used in the EFPIA HCP/HCO Disclosure Code has the meaning
set forth in Article 1 of the Directive 2001/83/EC, including: medicinal products,
immunological medicinal products, radiopharmaceuticals, medicinal products derived
from human blood or human plasma, for which a marketing authorisation has beendelivered in application of Directive 2001/83/EC.
Member Associations
Collectively, the national Member Associations or their constituent members, as thecontext may require, and bound by the EFPIA codes of practice, including the EFPIAHCP Code, the EFPIA PO Code and the EFPIA HCP/HCO Disclosure Code.

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Member Companies
Collectively, “corporate members” (as defined in the HCP Code) of EFPIA, their respective
parent companies, if different, subsidiary companies (irrespective of whether a subsidiary is
a company or such other form of enterprise or organisation) and any companies affiliatedwith corporate members or their subsidiaries
Separate entities belonging to the same multinational company – which could be the parent
company (e.g. the headquarters, principal office, or controlling company of a commercial
enterprise), subsidiary company or any other form of enterprise or organisation – shall bedeemed to constitute a single company, and is as such committed to compliance with the
EFPIA Codes.
PO CodeEFPIA Code of Practice on Relationships between Pharmaceutical Industry and Patient
Organisations, adopted in 2007 and as amended by the General Assembly on 14 June
2011, and as may be amended, supplemented or modified from time to time.
Recipient
Any HCP or HCO as applicable, in each case, whose primary practice, principal
professional address or place of incorporation is in Europe.
Research and Development Transfers of Value
Transfers of Value to HCPs or HCOs related to the planning or conduct of (i) non-clinicalstudies (as defined in OECD Principles on Good Laboratory Practice); (ii) clinical trials(as defined in Directive 2001/20/EC); or (iii) non-interventional studies that areprospective in nature and that involve the collection of patient data from or on behalf ofindividual, or groups of, HCPs specifically for the study (Section 15.01 of the HCP Code).
Transfers of Value
Direct and indirect transfers of value, whether in cash, in kind or otherwise, made,whether for promotional purposes or otherwise, in connection with the development andsale of prescription-only Medicinal Products exclusively for human use. Direct transfersof value are those made directly by a Member Company for the benefit of a Recipient.
Indirect transfers of value are those made on behalf of a Member Company for the
benefit of a Recipient, or transfers of value made through an intermediate and where theMember Company knows or can identify the HCP/HCO that will benefit from the Transfer
of Value.

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Schedule 2Standardised Template
Insert template as updated on 11 December 2013 v1

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Schedule 3
IMPLEMENTATION AND PROCEDURE RULES
The Implementation and Procedure Rules set out below establish the framework for the
implementation of the European Federation of Pharmaceutical Industries andAssociations (“EFPIA”) Code on Disclosure of Transfers of Value from Pharmaceutical
Companies to Healthcare Professionals and Healthcare Organisations (the “Code”), theprocessing of complaints and the enforcement of sanctions ordered by Member
Associations.

SECTION 1. Member Association Implementation
Each Member Association is required to:a. establish national procedures to receive and process complaints, to determine
sanctions to be ordered and to publish appropriate details regarding the same
including, at a minimum, a national body of the Member Association that isdesignated to handle complaints and consists of a non-industry chairman and,besides any industry members, membership from other stakeholders;b. ensure that its national code, together with its administrative procedures andother relevant information, are easily accessible through, at a minimum,
publication of its national code on its website; andc. prepare, and provide to the EFPIA Codes Committee an annual reportsummarizing the work undertaken by it in connection with the implementation,
development and enforcement of its national code during the applicable year.

SECTION 2. EFPIA Codes Committee Implementation and Key Tasks
The EFPIA Codes Committee shall assist Member Associations to comply with their
obligations under Section 1 above:a. The EFPIA Codes Committee will be composed of all the national code
secretaries, who will elect a chair among their peers, assisted by one personfrom the EFPIA staff.
b. As a key part of its role of assisting Member Associations in their national code
compliance activities, the EFPIA Codes Committee shall monitor the adoption ofnational codes. The EFPIA Codes Committee will not participate in the
adjudication of any individual complaint under any national code.
c. In order to promote the Code and to encourage best practice among Member
Associations, the EFPIA Codes Committee will, at least annually, invite Member
Associations and company representatives to participate in a meeting at which
the participants will be encouraged to share their respective relevant experiences
relating to the Code. Any conclusions from the meeting shall be summarised in
the Annual Codes Report (referred to under (e) of this Section 2 below) and, if
appropriate, be presented to the EFPIA Board.
d. The EFPIA Codes Committee shall publish an Annual Code Report which willsummarise the work and operations which have taken place in connection with
the implementation, development and enforcement of the various national codes
during the applicable year, based on the country reports provided by the Member
Associations pursuant to Section 1(c) above.
e. On an annual basis, the EFPIA Codes Committee shall: (i) advise the EFPIA
Board of its work and operations and the work and operations of the Member
Associations, as summarised in the Member Association’s annual reports; and (ii)review with the EFPIA Board any additional recommendations to improve the
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Code with a view towards increasing transparency and openness within thepharmaceutical industry and among Member Associations and companies.

SECTION 3. Reception of Complaints
Complaints may be lodged either with a Member Association or with EFPIA. Adjudicationof complaints shall be a matter solely for the Member Associations.
Complaints received by EFPIA shall be processed as follows:a. EFPIA will forward any complaints it receives (without considering theiradmissibility or commenting upon them) to the relevant Member Association(s).
b. EFPIA will send an acknowledgement of receipt to the complainant, indicating therelevant Member Association(s) to which the complaint has been sent forprocessing and adjudication.
c. In addition, upon receipt by EFPIA of multiple external complaints (i.e. several
complaints on the same or similar matter(s) lodged from outside the industry
against several subsidiaries of any company), EFPIA will communicate thesecomplaints to the Member Association either of the parent company or of theEuropean subsidiary designated by the parent company.

SECTION 4. Processing of Complaints and Sanctions by Member Associations
a.
b.

c.

d.
e.

f.

Member Associations shall ensure that industry and non-industry complaints areprocessed in the same manner, without regard to who made the complaint.
Complaints will be processed at the national level using the procedures
established by the relevant Member Association(s) pursuant to Section 1(a)above. Each Member Association’s national body shall take decisions and order
any sanctions on the basis of the national code in force in its country.
Where a complaint fails to establish a prima facie case for a violation of theapplicable national code, such complaint shall be dismissed with respect to thatnational code. Member Associations may also provide that any complaint which
pursues an entirely or predominantly commercial interest shall be dismissed.
Each Member Association should establish effective procedures for appeals
against the initial decisions made by its national body at the national level.
Member Associations shall ensure, to the extent permissible, that any final
decision taken in an individual case shall be published in its entirety or, where
only selected details are published, including a level of detail that takes into
account the seriousness and/or persistence of the breach as follows:(i)in cases of a serious/repeated breach, the company name(s)should be published together with details of the case;(ii)
in cases of a minor breach, or where there is no breach,publication of the details of the case may exclude thecompany name(s).
Member Associations or national disciplinary bodies are encouraged to publish
summaries in English of cases that have precedential value and are ofinternational interest (keeping in mind that cases resulting in the finding of abreach as well as those where no breach is found to have occurred may eachhave such value and/or interest).

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