WRITTEN QUESTION P-2541/99 by Mario Mantovani (PPE-DE) to the Commission. Fixing of prices of pharmaceutical products in Italy.
Date: 1999-12-16
Institutions: European Parliament, Provisional data
Subjects: Italy, economic consequence, fixing of prices, infringement procedure (EU), pharmaceutical product, technical barriers to trade

C 330 E/20

Official Journal of the European Communities

EN

21.11.2000

(2000/C 330 E/019)

WRITTEN QUESTION P-2541/99

by Mario Mantovani (PPE-DE) to the Commission

(16 December 1999)

Subject: Fixing of prices of pharmaceutical products in Italy

The Commission has received a series of complaints regarding the economic and social
implications
deriving from the fixing of the prices of pharmaceutical products allowed by the rules governing the
national health service in Italy.

The Commission issued a formal notice to the Italian Government in February 1996, followed by a
reasoned opinion in 1998, asking Italy to bring its laws into line with European competition rules, since it
considered that the criteria used for fixing the price of pharmaceutical products (in particular, Article 36 of
Law No 449/97 and the CIPE decision No 10/98), allowing prices to be adjusted over an excessively long
period of six years, were inappropriate.

These provisions run counter to Community law, since they make it impossible under any circumstances
for importers to cover the cost of products and, directly or indirectly, serve as an obstacle to imports, with
the result that it is difficult to find certain basic pharmaceutical products on the Italian market.

What measures will the Commission take to ensure that Italy complies with European rules on competi-
tion?

Answer given by Mr Bolkestein on behalf of the Commission

(12 January 2000)

Since the Commission issued its reasoned opinion in September 1999, under the infringement procedure
for the violation of Article 28 of the EC Treaty (ex Article 30) mentioned by the Honourable Member, the
Italian authorities have indicated their wish for further discussions on this matter. In this context, the
Commission has received a draft amendment to the regulations proposed by the Ministers concerned. The
adoption of this amendment, which must be approved by various national authorities, should remove the
obstacle in question, whilst maintaining the budgetary requirements behind the disputed measure, which
forms an integral part of the social security system. In view of the promises made by the Italian authorities,
a decision will be made as to whether this case should be brought before the Court of Justice once the
final text has been received.

Given that the proposed amendments have yet to be finalised, the Commission is not in a position to
provide more detailed information.

(2000/C 330 E/020)

WRITTEN QUESTION E-2555/99

by Christopher Huhne (ELDR) to the Commission

(11 January 2000)

Subject: Rail travel standards

In view of the Commission(cid:146)s responsibilities for public health within the European Union and in particular
the Treaty requirements that the Community shall contribute to the attainment of a high level of consumer
protection through specific action which supports and supplements the policy pursued by the Member
States to protect public health,
is there or should there be any minimum standard applied to the
availability of toilet facilities on trains, and what is the current practice in each of the Member States?

Answer given by Mrs de Palacio on behalf of the Commission

(28 February 2000)

The Commission is not aware of any legally binding standards regarding the availability of toilets in trains
or wagons. However the International union of railways (UIC), via its leaflet 563 (obligatory, though not in