WRITTEN QUESTION P-2434/99 by Inger Schörling (Verts/ALE) to the Commission. EU rules -v- Sweden's restrictive drugs policy.
Date: 1999-12-13
Institutions: European Parliament, Provisional data
Subjects: Sweden, import restriction, infringement of EU law, narcotic

C 303 E/60

Official Journal of the European Communities

EN

24.10.2000

smuggled human beings makes criminal organisations a profit of over FIM 50 million per year, so this is
not a small matter.

1. What measures does the European Union propose to take to prevent the illegal and totally inhuman
smuggling of illegal immigrants and the resultant flow of money to criminal organisations?

2.
How will the European Union ensure that the traffic in immigration into Member States remains in
the hands of the Member States, in view of the long waiting times for legal immigration and the economic
gulf between Eastern Europe and the European Union?

Answer given by Mr Vitorino on behalf of the Commission

(27 January 2000)

The Commission shares the Honourable Member(cid:146)s concerns regarding the scale of illegal immigration.

Article 63 (former Article 73k) of the EC Treaty provides that the Council will, within a period of five
years after the entry into force of the Treaty of Amsterdam, adopt measures on immigration policy,
particularly in terms of combating illegal immigration and illegal residence, including repatriation of illegal
residents.

The various measures envisaged were detailed in the action plan of the Council and the Commission on
how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and
justice (1). The political guidelines intended to steer implementation of this action plan were set out in the
Tampere European Council conclusions.

The European Council also stressed the importance of more effective management of migration flows and
called, among other things, for an active common policy on visas and false documents and for closer
cooperation and mutual technical assistance between Member States(cid:146) border control services. However, it
also underscored the importance of tackling illegal
immigration at its source, attacking the criminal
networks which are ever more frequently behind the trafficking in and economic exploitation of migrants,
it highlighted the
while preserving the rights of victims, particularly women and children. Lastly,
importance of cooperation with the countries of origin and transit.

These various measures (cid:129) to which the Commission intends to make its contribution (cid:129) must be
interpreted within the overall framework of the common European asylum and immigration policy defined
introduction of
by the Heads of State and Government. The policy also presupposes the gradual
development cooperation with migrants(cid:146) countries and regions of origin and the assurance of
fair
treatment for nationals of third countries who are lawfully resident in the territory of the Member States.

(1) OJ C 19, 23.1.1999.

(2000/C 303 E/054)

WRITTEN QUESTION P-2434/99

by Inger Sch(cid:246)rling (Verts/ALE) to the Commission

(13 December 1999)

Subject: EU rules -v- Sweden(cid:146)s restrictive drugs policy

In Sweden the rules heavily restrict the import of substances classified as narcotics, even when they are
prescribed by doctors for medicinal purposes. For example, the L(cid:228)kemedelsverket (Medicines Department)
regulation 1997/11 allows an individual to import amphetamines for no more than five days personal use.

24.10.2000

EN

Official Journal of the European Communities

C 303 E/61

A Swedish doctor has now reported Sweden(cid:146)s actions and regulations to the Commission. He maintains
that the rules applied in Sweden infringe EU rules on the free movement of goods and services between
the Member States. The doctor wishes the Commission to take action against Sweden and declare its rules
to be illegal and in contravention of EC law.

If the Commission were to find that Sweden(cid:146)s laws were infringements of EU law, would a Swedish citizen
then be able to have drugs prescribed by a doctor in another Member State whose drugs policy is more
liberal, and then import them into Sweden, with the Swedish Customs authorities powerless to act?

Answer given by Mr Bolkestein on behalf of the Commission

(5 January 2000)

The Commission confirms that it has received a complaint which states that Sweden restricts the right for
citizens to travel
legally prescribed and purchased
medication. The complainant also alleges that the free exercise of the medical profession is restricted.

freely between Member States with their own,

At the moment, the Commission is carrying out its initial investigation on the facts of the case. The
fundamental rule however, as laid down for example in the Court of justice(cid:146)s findings (1) is that citizens
shall be allowed to freely travel between Member States with their personal medication legally prescribed
and purchased.

The conditions governing access to the professions of medical doctor and pharmacist, and the conditions
in which these professions are practised, were harmonised by the (cid:145)doctors Directives(cid:146) Council Directive
75/362/EEC of 16 June 1975 concerning the mutual recognition of diplomas, certificates and other
evidence of formal qualifications in medicine, including measures to facilitate the effective exercise of the
right of establishment and freedom to provide services (2) and Council Directive 75/363/EEC of 16 June
1975 concerning the coordination of provisions laid down by law, regulation or administrative action in
respect of activities of doctors (3) consolidated by Council Directive 93/16/EEC of 5 April 1993 to facilitate
the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence
of formal qualifications (4) and by the (cid:145)pharmacists Directives(cid:146) Council Directive 85/432/EEC of 16 Septem-
ber 1985 concerning the coordination of provisions laid down by law, regulation or administrative action
in respect of certain activities in the field of pharmacy (5) and Council Directive 85/433/EEC of
16 September 1985 concerning 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 pharmacy (6). As a result, a medical prescription
issued by a medical doctor established in another Member State provides the same guarantees for patients
as a prescription issued by a medical doctor in another Member State.

However, pharmacists or others qualified to prescribe medicinal products can still refuse to honour a
prescription if there are any doubts as to its authenticity, as might be the case for prescriptions which are
likely to be misused or diverted to illegal purposes (special medical prescriptions mainly concerning
narcotics or psychotropic substances and provided under Article 3 (2) of Council Directive 92/26/EEC of
31 March 1992 concerning the classification for the supply of medicinal products for human use (7)).

If the Commission after its investigation took the view that the Swedish rule in question, limiting the right
for citizens to travel with medication containing dexamfetamin, is contrary to Article 28 of the EC Treaty
(ex Article 30), the Swedish authorities will have to state their case and show that the Swedish measure is
justified, according to the principles of necessity and proportionality, under any of the grounds of Article
30 of the EC Treaty (ex Article 36), here in particular public health grounds.

(1)

In Cases Decker, C-120/95 of 28 April 1998, Commission -v- Germany, C 62/90 of April 8, 1992 and
Schumacher, C-215/87 of 7 March 1989.

(2) OJ L 167, 30.6.1975.
(3) OJ L 167, 30.6.1975.
(4) OJ L 165, 7.7.1993.
(5) OJ L 253, 24.9.1985.
(6) OJ L 253, 24.9.1985.
(7) OJ L 113, 30.4.1992.