WRITTEN QUESTION E-3075/00 by Cristiana Muscardini (UEN) to the Commission. Electronic sales of drugs.
Date: 2000-10-02
Institutions: European Parliament, Provisional data
Subjects: common commercial policy, electronic commerce, market approval, medicinal product

C 151 E/56

Official Journal of the European Communities

EN

22.5.2001

(2001/C 151 E/069)

WRITTEN QUESTION E-3075/00

by Cristiana Muscardini (UEN) to the Commission

(2 October 2000)

Subject: Electronic sales of drugs

The development of telematics networks has increased the volume of e-commerce. The commodities sold
over the internet include drugs, the purchase of which is regulated in every Member State by laws designed
to avoid the dangers associated with the use of drugs obtained without a prescription.

1. Who regulates electronic sales of drugs?

2. Who formulates pricing policy in respect of drugs?

3. What impact could this system have on distributors(cid:146) and pharmacists(cid:146) turnover?

Does the Commission intend to assess the situation and, if necessary, propose measures to reduce the

4.
risks connected with using drugs that have not been prescribed by a doctor?

Answer given by Mr Liikanen on behalf of the Commission

(23 November 2000)

The Commission is aware of the possible risk to the health of European citizens resulting from the internet
sale of medicinal products especially where those products might be obtained without a prescription.

The authorisation, advertising and sale of pharmaceutical products within Europe is regulated by specific
Community directives which apply to the sale of those products by electronic means just as they do to
their sale by more conventional means. In addition, the recently adopted Directive 2000/31/EC of the
Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in
particular electronic commerce in the Internal Market (Directive on electronic commerce) (1) provides for
transparency requirements, efficient control in the country where the online service provider is established
and administrative co-operation amongst Member States. Accordingly, an electronic pharmacy established
in the Community would be subject to the requirements set out in the legislation described above.
Moreover, in the case of provision of pharmaceuticals by pharmacists, the latter are, of course, subject to
the rules of conduct of their own professional bodies.

Consequently, whilst Community legislation does not prevent the establishment of electronic pharmacies,
such developments in Europe must (cid:129) if they are permitted by Member States (cid:129) meet the terms of
European legislation in this area.
In particular, these provisions require that patients have access to
approved information only; that prescription-only medicines are delivered to patients who can provide a
prescription that reflects a meaningful contact with a qualified medical professional and that a qualified
pharmacist is responsible for oversight of the dispensing process (when and as foreseen by national
legislation).

the internet

the global nature of

increases the potential

However,
for the advertising and sale of
pharmaceuticals to European consumers by operators from third countries bypassing the protection
provided by these Community directives. A considerable amount of work has been taken forward at the
international level (cid:129) led in particular by the World Health Organisation with the participation of the
Commission and the American Food and drug administration (FDA) (cid:129) to ensure that patients are aware of
the risks in using unregulated internet sites. In addition, the Commission has launched work with the
Member States to address this problem and also to examine the potential benefits of such systems, in terms
of better value for money and a more convenient service to patients. In this context, the Commission
recommends the promotion of codes of conduct and the possible use of awareness campaigns for
consumers.

22.5.2001

EN

Official Journal of the European Communities

C 151 E/57

Pricing and reimbursement negotiations are the responsibility of the Member States concerned. The
procedures adopted for these negotiations need to respect the terms of the (cid:145)Transparency Directive(cid:146),
Council Directive 89/105/EEC of 21 December 1988 relating to the transparency of measures regulating
the prices of medicinal products for human use and their inclusion in the scope of national health
insurance systems (2) and to bear in mind the single market dimension of the European pharmaceutical
market.

(1) OJ L 178, 17.7.2000.
(2) OJ L 40, 11.2.1989.

(2001/C 151 E/070)

WRITTEN QUESTION E-3076/00

by Raffaele Costa (PPE-DE) to the Commission

(2 October 2000)

Subject: Community aid for dairy cattle farmers

Knowing that:

(cid:129) under EC Regulation 1257/1999 (1), the European Union grants financial contributions of up to ITL
190 000 per hectare of grazing land to farmers breeding their own cattle who put them out to pasture
for at least 180 days a year rather than keeping them in the cowshed;

(cid:129) some breeds (such as Piedmontese cattle) are progressively being replaced by others (such as Friesian

and Simmental cattle) with a high milk yield;

(cid:129) these cattle are ill-suited to grazing in the heat of the day, particularly throughout the long, hot,

summer days of southern European countries;

(cid:129) the rules are, on the other hand, appropriate for northern European countries (such as France, the
Netherlands, Belgium and Germany) where the climate and environmental factors make it possible for
cattle to graze in the open;

(cid:129) certain proposals put forward to remedy this disparity would require a change in the Community rules
to enable farmers in all the Member States to qualify for this aid, even if the grass used to feed the
animals was cut and brought into the cowshed;

(cid:129) to improve the quality of milk and derived products it is necessary to improve the diet of dairy cattle

by increasing their intake of grass and hay:

(cid:129) insisting that cattle must spend at least 180 days per year outdoors rather than in the cowshed is an

arbitrary requirement which might actually have the effect of encouraging fraud.

Does the Commission intend to consider the above-mentioned proposals, and what action does it intend to
take to enable all European cattle farmers to qualify on an equal footing for the financial aid available
under the above-mentioned regulation, which aid is supposed to ensure both that grazing land is preserved
and that the quality of dairy products and their derivatives is improved?

(1) OJ L 160, 26.6.1999, p. 80.

Answer given by Mr Fischler on behalf of the Commission

(6 November 2000)

The Commission would point out that Council Regulation (EC) No 1257/1999 of 17 May 1999 on
support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and
amending and repealing certain Regulations (1) contains no provisions for aid to support milk production
or dairy farmers.