WRITTEN QUESTION E-1635/01 by Pere Esteve (ELDR) to the Commission. Property purchases in Majorca.
Date: 2001-06-12
Institutions: European Parliament, Provisional data
Subjects: Balearic Islands, accession to the European Union, derogation from EU law, free movement of capital, interpretation of the law, property market, real property

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(2001/C 364 E/181)

WRITTEN QUESTION E-1633/01

by Chris Davies (ELDR) to the Commission

(12 June 2001)

Subject: Patient information on medicines

Given that patients have access to a wide range of medicinal and health information via various sources,
and specifically the internet, and given the importance of an informed patient, does the Commission have
information? Furthermore, does the
any plans to review and assess the role and value of patient
Commission have any plans to introduce any new initiatives or pilot schemes that will allow the
pharmaceutical industry to provide patients directly with greater access to information on medicines?

Does the Commission have any plans to introduce any amendments to existing advertising and/or
medicines directives so as to provide patients with greater access to information?

With the expansion of the internet and the increasing popularity of health-related websites offering
information and advice, does the Commission have any plans to review and assess the role and value of
patient information from all sources?

Answer given by Mr Liikanen on behalf of the Commission

(18 September 2001)

With the spread of the new information technologies, the public has access to a much wider range of
information which it is very difficult to monitor. In the case of medicines, and public health in the broader
sense, there is strong demand from certain patients who should, therefore, be able to have access to good-
quality information.

Article 3 of Council Directive 92/28/EEC of 31 March 1992 on the advertising of medicinal products for
human use (1) lays down that advertising to the general public is prohibited for medicinal products which
are available on medical prescription only.

On 19 July last,
the Commission adopted a proposal
transmitted it to Parliament and the Council for adoption.

to amend the aforementioned Directive and

As part of the ongoing pharmaceutical review, for instance, the Commission proposes that the possibilities
of disseminating information for patients on prescription-only medicinal products should be extended in
order to meet the patients(cid:146) legitimate needs. Patient information on some of these products would be
possible in a precisely determined and strictly monitored framework. This would involve certain medicinal
products intended for the treatment of conditions such as Aids, diabetes or broncho-pulmonary illnesses.
the role of health
The choice of conditions depends on various criteria such as patient demand,
professionals in the pathology, the chronic nature of the illness and the characteristics of the target
populations. This type of information would be limited to principles of good practice adopted by the
Commission in liaison with the competent authorities of the Member States and would depend on the
establishment, at Member State level, of procedures for self-regulation by the pharmaceutical industry. It is
also proposed that the Agency for the Evaluation of Medicinal Products be entrusted with monitoring the
application of good practice and with coordinating the monitoring of this type of information. There will
naturally be an evaluation after an establishment phase of five years in order to determine the follow-up to
this trial and propose any changes which might be necessary with a view to improving its application.

(1) OJ L 113, 30.4.1992.

(2001/C 364 E/182)

WRITTEN QUESTION E-1635/01

by Pere Esteve (ELDR) to the Commission

(12 June 2001)

Subject: Property purchases in Majorca

Recent studies by the University of the Balearic Islands estimate that in the island of Majorca over 15 % of
the land now belongs to German citizens. In the Serra de Tramuntana in the north of the island this

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percentage is as high as 25 %, and in some municipalities German citizens already own over half the land.
The German consulate in Majorca estimates that 90 000 Germans possess property in the island.

Meanwhile, the price of housing in the Balearic Islands has gone up by 26,6 % in the last year alone.
The Balearic Islands are the region of Spain where house prices have risen the most.

The Commission has recently recognised that property purchases are a (cid:145)politically highly sensitive subject(cid:146)
in most of the countries which are candidates for EU membership. and has proposed restricting the
purchase of secondary residences during a five-year period.

At one point the EU Treaty included a Protocol No 1 under which Denmark was allowed to keep its
existing legislation on purchases of property other than the houses of permanent residents.

In view of these precedents admitted by the EU institutions, and given the exceptional circumstances
existing in the Balearic Islands as far as property purchases are concerned, can the Commission state
whether it is aware of this situation? Does it intend to take any kind of measures to tackle this problem
affecting the Balearic Islands? Why is it felt that protection in this field is owed to certain parts of Europe
when a region like the Balearic Islands suffers from similar problems and yet remains unprotected?

Answer given by Mr Solbes Mira on behalf of the Commission

(31 July 2001)

is a fundamental freedom guaranteed by the provisions in Articles 56-60
The movement of capital
liberalisation of capital
(ex Articles 73b-73g) of the EC Treaty. Article 56 restates the principle of full
movements between Member States as already introduced in Council Directive 88/361/EEC of 24 June
1988 for the implementation of Article 67 of the EC Treaty (1).

itself define (cid:145)capital movement(cid:146). However,

Justice uses the
The EC Treaty does not
nomenclature of capital movements annexed to the above mentioned directive as an indicative, non-
exhaustive,
in real estate(cid:146), both
investment in real estate on national territory by non-residents and investment in real estate abroad by
residents, as a capital movement category.

list of capital movements. This nomenclature includes (cid:145)investment

the Court of

Consequently, the investment by Community citizens in real estate in the Balearic Islands is free. Any
restrictions on such movements would represent an infringement of the EC Treaty unless it was allowed by
Article 57 or justified on grounds of public policy, public security or public health. However, and
according to the Court of Justice, these exceptions have to be understood in a narrow sense and exclude
any interpretation based on economic considerations.

As far as the Honourable Member(cid:146)s last question is concerned, the Commission would like to recall that
Danish restrictions on the purchase of second homes are the one Member State specific exception to the
free movement of capital within the Community. Protocol No 1 on the acquisition of property in
Denmark is an integral part of the EC Treaty and there are no time limits set on its duration. Any changes
in this particular provision would require a modification to the EC Treaty agreed by all Member States,
including Denmark, or a unilateral relaxation by Denmark of its restrictions.

As regards candidates for Union membership, certain temporary exceptions to the EC Treaty have been
granted in the context of accession negotiations. Among these are the transitional measures on real estate
(agricultural land, forestland and secondary residences). However, unlike Protocol No 1, these measures are
temporary.

(1) OJ L 178, 8.7.1988.