No C 8/8 Official  Journal  of the  European  Communities 31. 1.74 
Having  regard  to the  decision  by  its Bureau  on 
23 May  1973  to entrust  the  Section  for  Industry, 
Commerce,  Crafts  and  Services  with  the  preparation 
of an Opinion  and  a report  on the matter; 
Having  regard  to the  General  Programme  of 28 May 
1969  'to  eliminate  technical  barriers  to trade  in 
industrial  products  resulting  from  disparities 
between  the  laws,  regulations  and  administrative 
provisions  of the Member  States'; 
Having  regard  to the  Opinion  delivered  by  the 
Section  for  Industry,  Commerce,  Crafts  and  Services 
at its meeting  of 3 October  1973; 
Having  regard  to the  report  submitted  by  Mr 
Lecuyer; 
Done  at Brussels,  25 October  1973. Having  regard  to its discussions  at its 114th  Plenary 
Session,  held  on 24 and  25 October  1973,  at the 
sitting  of 25 October  1973, 
HAS  ADOPTED  THE  FOLLOWING  OPINION: 
The Economic  and  Social  Committee  approves  the 
proposal  for a Directive. 
The Committee  has,  however,  made  a number  of 
comments  on  the  provisions  annexed  to  the 
proposal  for  a Directive.  In view  of the  technical 
nature  of these  comments,  the  Committee  has  not 
taken  any  stand  on this  matter.  It prefers  to leave 
them  in the report  of the  Section  and  hopes  that  the 
Community  authorities  will  examine  them  with  the 
greatest  attention. 
The Chairman 
of the Economic  and  Social  Committee 
Alfons  LAPPAS 
CONSULTATION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
on two  proposals  for  Council  Directives 
(a) on  the  coordination  of certain  laws,  regulations  and  administrative  provisions 
concerning  the retail  sale  of medicinal  products  by self-employed  persons; 
(b) concerning  the  attainment  of freedom  of establishment  and  freedom  to provide 
services  in respect  of the retail  sale  of medicinal  products  by self-employed  persons. 
A. REQUEST  FOR  AN  OPINION 
At its 225th  meeting  held  on 23 January  1973,  the Council  decided  in accordance  with 
the provisions  of Articles  54 (2) and  63 (2) of the  Treaty  establishing  the  European 
Economic  Community  to consult  the  Economic  and  Social  Committee  on the  second 
of the  above  proposals  for Directives  and  to exercise  its option  of consulting  it on the 
first of the two  above  Directives. 
The request  for an Opinion  was  sent  by the  President  of the  Council  to the  Chairman 
of the  Economic  and  Social  Committee  on 24 January  1973. 
B. TEXTS  WHICH  WERE  THE  SUBJECT  OF  THE  CONSULTATION 
The texts  which  were  the  subject  of the  consultation  have  not  yet  been  published  in 
the Official  Journal  of the European  Communities. 
C. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
At its 114th  Plenary  Session  held  in Brussels  on 24 and  25 October  1973,  the Committee 
adopted  its Opinion  on the  abovementioned  texts  by 78 votes  to 6 (with  8 abstentions) 
out of the  92 members  present  or represented. 
The text  of the Opinion  is as follows: 
31. 1.74 Official  Journal  of the European  Communities No C 8/9 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the request  by the President  of the 
Council  of  the  European  Communities  on 
24 January  1973  for an Opinion  on the proposal  for 
a Directive  on the  coordination  of certain  laws, 
regulations  and  administrative  provisions  concerning 
the retail  sale  of medicinal  products  by  self-
employed  persons  and  the  proposal  for  a Directive 
concerning  the  attainment  of  freedom  of 
establishment  and  freedom  to provide  services  in 
respect  of the  retail  sale  of medicinal  products  by 
self-employed  persons; 
Having  regard  to Articles  54 (2) and  198  of the 
Treaty  establishing  the  European  Economic 
Community; 
Having  regard  to the  Decision  by its Chairman  on 
5 February  1973  to instruct  the Section  for Industry, 
Commerce,  Crafts  and  Services  to prepare  an 
Opinion  and  a report  on the matter; 
Having  regard  to the  Opinion  delivered  by the 
Section  for Industry,  Commerce,  Crafts  and  Services 
at its meeting  of 3 October  1973; 
Having  regard  to the Supplementary  Opinion  of the 
Section  for  Protection  of the  Environment,  Public 
Health  and  Consumer  Affairs,  delivered  on 14 June 
1973; 
Having  regard  to the  report  presented  by  the 
Rapporteur,  Mr Ramaekers; 
Having  regard  to its discussions  at its 114th  Plenary 
Session,  held  on 24 and  25 October  1973,  at the 
sitting  of 24 October  1973; 
Whereas  in the Member  States  where  they  exist  the 
provisions  regarding  the geographical  distribution  of 
dispensaries  are very  different; 
Whereas  in accordance  with  Articles  58 and  66 of 
the Treaty  of Rome,  companies  and  firms  are to be 
treated  in the same  way  as natural  persons; 
Whereas  speculation  concerning  the  authorizations 
for setting  up dispensaries  should  be precluded, 
HAS  ADOPTED  THE  FOLLOWING  OPINION: 
The Economic  and  Social  Committee  approves  the 
proposals  for  Directives  subject  to the  following 
comments. 1. The  principle  of distribution 
In general  terms,  the  Committee  wonders  whether 
the proposals  are appropriate  to the situation  in the 
new Member  States  of the Community. 
In addition,  the  Committee  draws  attention  to the 
great  diversity  of the  provisions  governing  the 
location  of dispensaries  in the  various  Member 
States.  These  provisions  seem  to be  considered 
satisfactory  in the  countries  where  they  apply.  Any 
harmonization  undertaken  should  take  place 
gradually  to avoid  psychological  or sociological 
difficulties. 
This  is why  the  Committee  considers  it reasonable 
to leave  the  responsibility  as to whether  to adopt 
provisions  concerning  freedom  of location  to the 
Member  States  when  public  health  is threatened  by 
freedom  of location.  Moreover,  this  is provided  for 
by Article  1 (2) of the  proposal  for  a Directive  on 
coordination. 
The Committee  points  out  that  the  diversity  of 
national  provisions  —  which  range  from  total 
freedom  of  location  to  distribution  strictly 
controlled  by the  public  authorities  — is liable  to 
cause  movements  of  chemists.  However,  the 
Committee  does  not  consider  that  large-scale 
movements  are  to be expected  on the  basis  of the 
rules  proposed  at present. 
2. The  content  of national  provisions 
The proposed  Directive  states  that  national 
provisions  should  be mainly  concerned  with  the 
selection  of applicants.  This  selection  and  the 
procedure  associated  with  it  must  be  non-
discriminatory. 
In the Committee's  view,  it must  be stipulated  that 
the provisions  on the  distribution  of dispensaries 
may in no  circumstances  directly  or  indirectly 
handicap  the  legal  forms  under  which  dispensaries 
authorized  in each  Member  State  are operated. 
3. The  application  of the Treaty  of Rome 
The first  paragraph  of Article  58 of the  Treaty  of 
Rome  stipulates  that:  'Companies  or firms  formed 
in accordance  with  the law  of a Member  State  and 
having  their  registered  office,  central  administration 
or principal  place  of business  within  the Community 
shall,  for the purposes  of this  Chapter,  be treated  in 
the same  way  as natural  persons  who  are  nationals 
of Member  States'. 
No C 8/10 Official  Journal  of the  European  Communities 31. 1. 74 
The Committee  notes  that  the  proposed  Directive 
under  discussion  links  up with  the 5th  proposal  for 
a Directive,  published  in Official  Journal  of the 
European  Communities  No  C 54 of 28 April  1969, 
on the  coordination  of the  laws,  regulations  and 
administrative  provisions  concerning  the  retail  sale 
of medicinal  products  by self-employed  persons. 
The latter  proposal  for a Directive  stipulates  that  a 
person  who  wishes  to take  up  and  pursue  the 
activities  of a dispensing  chemist  as a self-employed 
person  must  previously  acquire  an authorization,  the 
granting  of which  is dependent  inter  alia  on his 
possessing  the  appropriate  diploma.  These 
provisions  are therefore  inapplicable  to legal  entities. 
The Committee  therefore  questions  the statement  in 
the sixth  recital  that  the two  proposed  Directives  on 
coordination  bring  about  the  coordination  of the 
conditions  for  the  exercise  of the  pharmaceutical 
professions  provided  for  in Article  57 (3) of the 
Treaty  of Rome. 
The Committee  suggests  that  the  Member  States  in 
which  dispensaries  operate  under  several  legal  forms 
should  specify  the natural  person  or types  of legal 
entities  who  may  request  authorization  if they  have 
a chemist  authorized  to exercise  this  profession. 
4. The  non-transferability  of authorizations 
According  to the  Commission,  if a country  adopts 
provisions  on the  distribution  of dispensaries,  the 
Done  at Brussels,  24 October  1973. result  is a change  in the rules  of competition.  In this 
respect,  a system  should  be adopted  which,  while 
guaranteeing  the  fair  economic  interest  of the 
professional  person,  prevents  him  from  deriving 
undue  profit  from  a situation  created  with  the 
intention  of protecting  health. 
The solution  proposed  by the  Commission  consists 
of requiring  non-transferability  of authorizations. 
The Committee  points  out  that  this  measure  is 
injurious  not  only  to the  interests  of chemists 
established  in states  where  freedom  of establishment 
exists,  and  where  as a result  the rules  of competition 
have  not  been  changed,  but also  to the interests  of 
those  chemists  established,  in a state  where  the 
distribution  of dispensaries  is regulated,  if this  non-
transferability  were  accepted. 
Thus,  the  Committee  proposes  the  following 
solution:  that  an authorization  to open  a dispensary 
should  not  be transferable  — except  in case  of force 
majeure  — till at least  five  years  after  it is granted. 
The Committee  stresses  that  this  authorization 
cannot  be sold  on its own  and  cannot  be separated 
from  the intangible  assets  of the dispensary  to which 
it relates. 
It also  draws  attention  to the  discrimination  which 
non-transferability  would  cause  to be made  between 
legal  and  natural  persons. 
The Chairman 
of the Economic  and  Social  Committee 
Alfons  LAPPAS 
CONSULTATION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
— on a draft  Council  Decision  setting  up a Committee  for Regional  Policy, 
— on a proposal  for  a Financial  Regulation  on special  provisions  applicable  to the 
European  Regional  Development  Fund, 
— on a proposal  for a Council  Regulation  establishing  a European  Regional  Develop-
ment  Fund. 
A. REQUEST  FOR  AN  OPINION 
The Council  decided  on 9 August  1973,  to exercise  its option  of consulting  the Economic 
and Social  Committee  on the above  three  texts. 
The request  for an Opinion  was  sent  by the President  of the Council  to the Chairman 
of the Economic  and  Social  Committee  on 9 August  1973.