WRITTEN QUESTION E-1729/02 by Jens-Peter Bonde (EDD) to the Commission. Marketing rules in the EU.
Date: 2002-06-17
Institutions: European Parliament, Provisional data
Subjects: advertising, audiovisual communications policy, communications policy, medicinal product, pharmaceutical industry, pharmaceutical legislation, vaccination

C 301 E/216

Official Journal of the European Communities

EN

5.12.2002

aspects of decision-making and governance in the field of radioactive waste management. These officials
also figure among the chairmen and rapporteurs of the first two workshops, the reports of which can be
accessed through the NEA Web site. The information provided to the FSC is based on other publicly
available documentation, also accessible through the Europa Web site.

(2002/C 301 E/228)

WRITTEN QUESTION E-1712/02

by Joan Colom i Naval (PSE) to the Commission

Subject: Europe Day Celebrations in schools in the EU

(13 June 2002)

The government of the Autonomous Community of the Balearic Islands has declared 9 May (Europe Day)
a holiday for schools, institutes and universities in its territory, and obliges them to devote the day to
EU-related activities.

Can the Commission provide information on similar initiatives in the other EU countries and regions?
Would the Commission be willing to put forward a proposal for schools throughout the Union to devote
9 May, in coming years, to activities relating to European integration?

Answer given by Mrs Reding on behalf of the Commission

(24 July 2002)

The Commission does not have at its disposal any study giving an overview of the Member States or
regions which might have declared 9 May a lesson-free day which must be devoted to activities relating to
the European Union.

The Commission nevertheless congratulates the authorities of the Autonomous Community of the Balearic
Islands on having taken such an initiative. However, the Commission does not at present have any plans to
submit a proposal for making this a general practice.

It is quite probable that some schools choose 9 May as a symbolic date, but other dates are also suitable
for the theme of European construction. In 2001, for example, thousands of schools took part in a
European Comenius Week from 24 to 27 November 2001; these dates had been chosen in consultation
with the national agencies in the 30 countries participating in the Socrates programme. For 2003, a
number of representatives of Parliament within the Convention have proposed that 21 March be devoted
to a debate on the future of the EU in all secondary-level schools throughout Europe.

The Commission also supports, to the full extent of its means and powers, other initiatives in schools
(‘Europe at school’, European Young People’s Parliaments etc.). It is for each Member State to assume full
responsibility for the organisation of its education system and the content of its programmes.

(2002/C 301 E/229)

WRITTEN QUESTION E-1729/02

by Jens-Peter Bonde (EDD) to the Commission

(17 June 2002)

Subject: Marketing rules in the EU

Is there any prospect of pharmaceutical companies being allowed to advertise their products even if those
products are medicines available on prescription only?

5.12.2002

EN

Official Journal of the European Communities

C 301 E/217

Answer given by Mr Liikanen on behalf of the Commission

(11 July 2002)

The advertising of medicinal products for human use is regulated primarily by Articles 86 to 100 of
Directive 2001/83/EC of the Parliament and of the Council of 6 November 2001 on the Community code
relating to medicinal products for human use (1).

Regarding advertising of medicinal products to the general public, Article 88, paragraph 1 of Directive
2001/83/EC provides that Member States shall prohibit the advertising to the general public of medicinal
products, which are available on medical prescription only. The only exception to this strict ban is laid
down in Article 88, paragraph 4 of the same Directive. This provision exempts vaccination campaigns
carried out by the industry and approved by the authorities of the Member States from the general
prohibition of advertising. Outside this exception, all kind of advertising of prescription-only medicines to
the general public is strictly forbidden.

Regarding advertising of medicinal products to persons qualified to prescribe or supply such products,
specific provisions are contained in Articles 91 to 96 of Directive 2001/83/EC. These provisions do not
generally prohibit
the advertising of medicinal products available on medical prescription only.
Accordingly, pharmaceutical companies may advertise even prescription-only medicines to this category
of persons.

In the specific context of television advertising, the particular ban of Article 14 of Council Directive
89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or
Administrative Action in Member States concerning the pursuit of television broadcasting activities (2) has
to be respected.
It sets out that television advertising for medicinal products and medical treatment
available only on prescription in the Member State within whose jurisdiction the broadcaster falls shall be
prohibited.

At present, certain parts of
revision. The Commission’s
proposal (3) contains certain modifications of Article 88 of Directive 2001/83/EC in order to allow better
information on certain prescription-only medicines. The strict ban of any kind of advertising for these
products, however, is fully maintained.

legislation are under

the pharmaceutical

(1) OJ L 311, 28.11.2001.
(2) OJ L 298, 17.10.1989.
(3) COM(2001) 404 final.

(2002/C 301 E/230)

WRITTEN QUESTION E-1734/02

by Cristiana Muscardini (UEN) to the Commission

(17 June 2002)

Subject: Recognition of naturopathy

In the last ten years a number of techniques have developed and become widespread, the aim of which is
to prevent disease, promote well-being and in general improve the quality of life. They are often associated
with forms of ‘alternative medicine’ (acupuncture, homeopathy, phytotherapy, etc) in order to distinguish
them from generally recognised treatments practised in national health services. These forms of treatment
are now universally recognised as safe aids to health and well-being and are particularly useful
in
preventive medicine, provided that the practitioners, i.e. naturopaths, are professionally qualified. They are
also called ‘health and fitness practitioners’, and include professional nurses, physiotherapists, beauticians,
naturopaths, shiatsu masseurs, reflexologists, herbalists, therapeutic gym instructors, personal trainers, etc,
who (at least in Italy) have completed a practical training course of around 1 000/1 200 hours, over a
period of 3/4 years. These training courses and the practice of naturopathy are becoming increasingly
widespread, stimulating the body’s capacity to heal
itself and using natural substances for treatments
(herbs, essential oils, Bach flowers, etc).