WRITTEN QUESTION E-1852/99 by Jaime Valdivielso de Cué (PPE-DE) to the Commission. Health and consumer protection.
Date: 1999-10-13
Institutions: European Parliament, Provisional data
Subjects: European social policy, electronic commerce, illicit trade, medicinal product

18.7.2000

EN

Official Journal of the European Communities

C 203 E/69

The remaining € 4 million mentioned in the statement concerns the Bistro facility, a small-scale project
facility designed to provide a quick response to specific Russian needs. As a rule, the contracts are also
signed with Community firms for providing technical assistance and expertise to their Russian partners.
The only difference is that in this case the funds are managed by the Commission delegation in Russia,
under the supervision of headquarters.

It is hoped that this clarifies any misunderstanding about the Commission(cid:146)s statement on 16th September
1999.

(2000/C 203 E/084)

WRITTEN QUESTION E-1852/99

by Jaime Valdivielso de CuØ (PPE-DE) to the Commission

Subject: Health and consumer protection

(13 October 1999)

On 7 September 1999 the 59th World Pharmacy Congress attended by over 3 000 delegates from all over
the planet, took place in Barcelona. The Congress(cid:146)s conclusions included a denunciation of Internet sales of
over 20 000 medicines without a doctor(cid:146)s prescription and no information whatever as to dosage,
secondary effects or reactions with other pharmaceutical products.

What measures is the Commission taking to eradicate this illegal trading, which poses a serious threat to
the health of large numbers of Community citizens?

Answer given by Mr Liikanen on behalf of the Commission

(22 November 1999)

The Commission is aware of the problems relating to the sale of medicinal products via Internet.

According to Council Directive 92/28/EEC of 31 March 1992 on the advertising of medicinal products for
human use (1), Internet-selling of prescription drugs, narcotics and medicinal products without marketing
in the Community. Article 14 of Directive 97/7/EC of the
authorisation must be regarded as illegal
Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance
contracts (2), contains a (cid:145)Minimal clause(cid:146), providing that Member States may introduce or maintain a ban,
in the general interest, on the marketing of certain goods or services, particularly medicinal products,
within their territory by means of distance contracts, with due regard for the EC Treaty.

Even though the above legislation provides a clear legal basis to combat
illegal practices in the
Community, the Commission is aware that the global character of the Internet raises the question of
how enforceable that legal framework is in practice.

Following a proposal from the Commission, the pharmaceutical committee, at its 48th meeting on
27-28 September 1999, established an ad-hoc working group on the implications of electronic commerce
on the delivery of pharmaceuticals to patients and asked this working group to consider the effectiveness
of existing means of safeguarding public health in the light of the increased potential offered by the
Internet for access to pharmaceuticals from outside the Community and potential developments within the
Community in information technology. The working group will seek to prepare concrete lines of action
for discussion at the pharmaceutical committee and to reflect on the role and position to be taken by the
Community vis-(cid:224)-vis third countries and in international organisations such as the World Health
Organisation.

The working group will be made up of representatives from European institutions, Member States and
representatives from other interested parties including patient and consumer associations, physician and
pharmacist associations and industry associations. Following receipt of all nominations, a first meeting will
be convened in early 2000.

(1) OJ L 113, 30.4.1992.
(2) OJ L 144, 4.6.1997.