EN Official Journal of the European Union CE 78/899

(2004/C 78 E/0950)

WRITTEN QUESTION E-4039/03

by Christos Folias (PPE-DE) to the Commission

(12 January 2004)

Subject: Optometry in Greece

The Greek Parliament recently voted to amend and complete legislation on the National Health Service and to regulate other matters falling within the remit of the Ministry of Health and Welfare concerning the activities of establishments selling optical products. Among other measures this legislation prohibits opticians from practising optometry and allows pharmacists to sell presbyopic lenses and solutions for contact lenses.

Is this provision banning opticians from practising optometry and permitting pharmacists to do so in line with EU legislation?

Does the EU have rules determining which optical products may be sold exclusively by opticians?

Will the Commission say which authorities at Greek prefectural level are responsible for imposing the sanctions provided by the law on opticians operating illegally?

Answer given by Mr Bolkestein on behalf of the Commission

(17 February 2004)

There are no specific Community rules governing the activity of either opticians or optometrists. As for pharmacists, their activity has been the subject of two directives: Council Directives 85/432/EEC and 85/433/EEC concerning, respectively, the coordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy, and the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmac (1). However, these directives do no deal with the question of the extent to which pharmacists are entitled to sell optical products or to exercise activities in this field.

Given the lack of harmonisation with regard to these professional activities, the Member States retain in principle the authority to define the practice of the activities in question. However, they must exercise their authority in this field while respecting the fundamental freedoms guaranteed by the EC Treaty, especially respect for the freedom of establishment laid down in Article 43 of the EC Treaty.

As Community law stands at the moment, and on the basis of the information which is currently available, the Commission nevertheless considers that there is no provision in Community law which prevents Greece from forbidding opticians to practice optometry or from allowing pharmacists to sell certain optical products. This viewpoint is furthermore confirmed by the case law of the Court of Justice concerning similar situation (2).

There are no harmonised rules at an EU level determining optical products that may be sold exclusively by opticians. The Court of Justice has consistently held that in the absence of any such rules, national authorities may introduce certain selling arrangements as long as those provisions apply to all relevant traders operating within the national territory and as long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States. Provided that those conditions are fulfilled, such rules fall outside the scope of Article 28 of the EC Treaty on the free movement of goods.

The Commission does not consider that it has the authority to answer the last question asked by the honourable Member. This question is a matter solely for the Greek authorities.

(1) OJ L 253, 24.6.1985.

(2) See ‘Mac Quen’ judgement of 1 February 2001, case C-108/96, Reports 2001, p. I-837, and ‘Gräbner’ judgement of 11 July 2002, case C-294/00, Reports 2002, p. I-6515.