WRITTEN QUESTION E-2307/01 by Astrid Thors (ELDR) to the Commission. Article 75 of the Schengen Agreement (transport of medicinal products).
Date: 2001-07-31
Institutions: European Parliament, Provisional data
Subjects: Schengen Agreement, medicinal product, national law, psychotropic substance, therapeutics, transport document, traveller

C 115 E/60

Official Journal of the European Communities

EN

16.5.2002

(2002/C 115 E/063)

WRITTEN QUESTION E-2307/01

by Astrid Thors (ELDR) to the Commission

(31 July 2001)

Subject: Article 75 of the Schengen Agreement (transport of medicinal products)

Article 75 of the Schengen Agreement contains a requirement that persons moving within the Schengen
area, and carrying medicinal products which may be classified as narcotics, must be able to produce a
certificate. How should this provision be interpreted? There are a number of views which suggest that it is
not clear which authorities are able to issue such a certificate and for which medicinal products it is
required.

Could the Commission propose an amendment to clarify this text, or alternatively consider abolishing the
requirement for a certificate?

Answer given by Mr Vitorino on behalf of the Commission

(8 October 2001)

Under Article 75 of the Schengen Implementing Convention,
it is permissible to transport drugs and
psychotropic substances needed as part of medical treatment if the person concerned has a certificate
issued by a competent authority (1).

However, Schengen provisions do not lay down a list of medicines for which persons travelling in the
Schengen area need a special certificate.

Article 75 refers to the medicinal products mentioned in international conventions on drugs (1961 Single
Convention on Narcotic Drugs, 1971 Convention on Psychotropic Substances) or which contain
substances referred to in these conventions which are also governed by the national law on drugs. Under
these Conventions, additional substances can be subjected to the checks laid down by national law on
drugs. Consequently,
lists of products which constitute or contain narcotic drugs or psychotropic
substances may vary from one Member State to another.

Under Article 75 the Member States designate the authorities responsible for issuing or authenticating the
certificate. A list of these authorities is published in the Official Journal for the 10 countries which applied
Schengen provisions by 25 March 2001 (1). The list of the relevant authorities in the five Nordic countries
which have implemented these provisions since 25 March 2001 has been sent directly to the Honourable
Member and Parliament’s Secretariat.

The Commission has no intention at present of proposing any amendments to the legislation in force.

(1) The standard certificate was published in OJ L 239, 22.9.2000.

(2002/C 115 E/064)

WRITTEN QUESTION E-2310/01

by Christopher Huhne (ELDR) to the Commission

(31 July 2001)

Subject: National measures for wine labelling

Given the evidence that wine labelling would materially avoid physical hardship by a number of drinkers
able thereby to avoid high levels of sulphites, does the Commission consider that national measures to
protect public health under Article 30 of the Rome Treaty would be justified, given that there is no realistic
prospect of agreeing a wine labelling regime after 18 years of discussion?