WRITTEN QUESTION No. 39/98 by Giacomo LEOPARDI to the Commission. Pharmaceutical expenditure - compulsory deductions and compatibility with EU principles
Date: 1998-01-29
Institutions: European Parliament, LEOPARDI
Subjects: Italy, health service, medicinal product, pharmaceutical industry, pharmacist, selling price, tax on consumption, tax system

2. 10. 98

EN

Official Journal of the European Communities

C 304/21

A  copy  of  the  agreed  set  of  statistical  tables  will  be  forwarded  direct  to  the  Honourable  Member  and  to
Parliament(cid:146)s Secretariat.

As mentioned above, the second statistical report based on non-harmonised data is scheduled to be available by
the end of April 1998.

The Commission will incorporate the data on the cosmetic products passed on by the Member States into its 1997
annual report. Those data concern the progress made on the development, validation and legal acceptance of
methods which may be used as substitutes for animal experiments in accordance with Article 4(1)(i) of Council
Directive 76/768/EEC on cosmetic products, as amended by Council Directive 93/35/EEC of 14 June 1993 (1).

(1)  OJ L 151, 23.6.1993.

(98/C 304/30)

WRITTEN QUESTION E-0039/98

by Giacomo Leopardi (PPE) to the Commission

(29 January 1998)

Subject: Pharmaceutical expenditure › compulsory deductions and compatibility with EU principles

In  considering  the  draft  law  on  financial  control  for  1998,  the  Italian  Parliament  has  adopted  an  amendment
proposed by the Italian Government, requiring pharmaceutical companies, wholesale distribution companies and
pharmacies  to  pay  a  contribution  of  the  national  health  service  equal  to  60%  of  the  surplus  on  planned
pharmaceutical expenditure for 1998, with the amount calculated on the basis of the percentage of fees included
in the consumer price of medicines (Article 31(15) of Senate law No. 4354).

Will  the  Commission  say  whether  this  provision,  which  imposes  a  compulsory  deduction  on  surplus
pharmaceutical  spending  which  is  in  no  way  the  responsibility  of  pharmacies  or  production  and  wholesale
distribution companies, can be considered compatible with European Union principles and free enterprise, given
that  pharmacies  are  already  required  to  pay  a  percentage  contribution  to  the  national  health  service,  varying
between 3.75% and 12.5%, depending on the price of the medicines provided by the Italian state for persons on
benefit?

Answer given by Mr Monti on behalf of the Commission

(6 April 1998)

The contribution to Italy(cid:146)s national health service referred to by the Honourable Member must be treated as a
charge on the consumption of medicinal products even though it is intended that persons other than consumers
should pay it. Its lawfulness must therefore be determined primarily on the basis of the Community rules on
indirect taxation.

The Commission would note that the contribution is not objectionable under those rules since such charges have
not  been  harmonised  at  Community  level  and,  moreover,  it  does  not  give  rise  to  tax  discrimination  to  the
detriment of other Member States(cid:146) products.

(98/C 304/31)

WRITTEN QUESTION E-0041/98

by Ulf Holm (V) to the Commission

(29 January 1998)

Subject: Rules on the importation of domestic animals

When Sweden joined the EU some of the rules pertaining to the importation of domestic animals were changed.
Now it is enough to have a veterinary certificate from the exporting country and in certain cases deworming and
vaccination. There is a risk that an infected animal may not have developed antibodies and that the infection may
therefore not be discovered. The previous rules which stipulated six months(cid:146) quarantine considerably increased
the possibility of preventing the importation of infected animals.