WRITTEN QUESTION No. 3477/97 by Marie-Paule KESTELIJN- SIERENS to the Commission. Law on the establishment of pharmacists
Date: 1997-10-31
Institutions: European Parliament, KESTELIJN-SIERENS
Subjects: Belgium, geographical distribution, pharmaceutical legislation, pharmacist, pharmacology, right of establishment

17. 7. 98

EN

Official Journal of the European Communities

C 223/3

Creditors will send copies of supporting documents, indicating the nature of the claim, the date on which it arose
and its amount, as well as whether are claimed preference, security or a reservation of title are claimed and what
assets are covered by the guarantee invoked. The claim may be lodged in the official language of the state of
domicile or habitual residence. In this event, the lodgement of his claim will bear the heading (cid:145)lodgement of
claim(cid:146)  in  the  official  language  of  the  state  where  proceedings  are  opened.  In  addition,  the  creditor  may  be
required to provide a translation.

These rights will only be available to creditors in cross-border claims from the date the Convention enters into
force. Under Article 49.3 of the Convention, ratification by national parliaments of all states having signed the
Convention is required. At present, the fact that the United Kingdom has not signed prevents the Convention
from entering into force.

In order to solve this situation, the Commission plans to examine all options to progress in this field and, in
particular, whether a legislative proposal is necessary to enforce the measures contained in the 1995 Convention.

(98/C 223/03)

WRITTEN QUESTION E-3477/97

by Marie-Paule Kestelijn-Sierens (ELDR) to the Commission

(31 October 1997)

Subject: Law on the establishment of pharmacists

In  Belgium  pharmaceutical  practices  are  subject  to  a  law  on  establishment,  with  the  number  of  practices
permitted in each local authority area being restricted on the basis of its population. In other words the freedom of
establishment is limited.

Does the Belgian law on the establishment of pharmacists contravene the provisions on the right of establishment
set out in Chapter 2 (Articles 52-58) of the Treaty establishing the European Community? Does the Commission
have any plans for legislation which would seek to eliminate the restrictions arising from this law?

Answer given by Mr Monti on behalf of the Commission

(6 January 1998)

Rules  similar  to  the  Belgian  legislation  mentioned  by  the  Honourable  Member  exist  in  the  large  majority  of
Member States.

In  this  connection  the  Commission  would  draw  the  Honourable  Member(cid:146)s  attention  to  the  second  recital  to
Directive  85/432/EEC  of  16  September  1985  concerning  the  coordination  of  provisions  laid  down  by  law,
regulation or administrative action in respect of certain activities in the field of pharmacy (1). The recital states
that (cid:145)this Directive does not ensure coordination of all conditions of access to and pursuit of activities in the field
of pharmacy; ... in particular, the geographical distribution of pharmacies and the monopoly of the supply of
medicinal products continue to be matters for the Member States(cid:146).

In the absence of any Community harmonising or coordinating legislation, Member States are alone competent
to adopt rules on the subject, provided those rules are compatible with Community law.

The Commission considers in this respect that, as long as they apply in a non-discriminatory manner and are
proportionate to the objective sought, national measures such as those referred to are not contrary to the principle
of freedom of establishment as set forth in Article 52 of the EC Treaty.

The Commission accordingly does not intend to present any proposals aimed at harmonising or coordinating the
national laws concerned.

(1)  OJ L 253, 24.9.1985, p. 34.