WRITTEN QUESTION E-4016/03 by Salvador Garriga Polledo (PPE-DE) to the Commission. Free movement of pharmaceutical products in the EU.
Date: 2004-01-09
Institutions: European Parliament, Provisional data
Subjects: distance selling, free movement of goods, market approval, pharmaceutical legislation, pharmaceutical product

27.3.2004

EN

Official Journal of the European Union

C 78 E/893

The Community Tobacco Fund will be abolished as from 2007 because the financing of this fund is linked
to the product-specific support which disappears, but the global budget for the tobacco sector will remain
the same, and the part which is not paid to the producers as coupled or decoupled payments will be
transferred to a financial envelope which shall be used in the Member States where the funds contributing
to the envelope are collected. The funds in the envelope shall be administered according to the rural
the infrastructure in the tobacco
development
producing regions and to support producers who want to shift to other products or to other economic
activities.

legislation and will contribute to improvements of

The funding in the Community Tobacco Fund used for reconversion, etc. amounts only to approximately
EUR 14 million in 2004, while the funding in the financial envelope from 2007 onwards will amount to
EUR 205 million.

The increased funding for improvements of the infrastructure and support of the producers shift to other
products or other economic activities should ensure that the economic situation for the producers and
workers in the tobacco producing regions will not have the dramatic implications evoked by the
Honourable Member.

As concerns the question on the fight against tobacco addiction, it can be said that, while the removal of
product related subsidies may not directly influence the short term prevalence of smoking, as was the
finding of the Commission Extended Impact Assessment report, it is clear that a better coherence with
public health policies is essential to maintain the confidence and trust of Union citizens.

(2004/C 78 E/0944)

WRITTEN QUESTION E-4016/03

by Salvador Garriga Polledo (PPE-DE) to the Commission

Subject: Free movement of pharmaceutical products in the EU

(9 January 2004)

Freedom of movement for the Union’s citizens has enabled numerous citizens of Member States to settle in
Member States other than their country of origin, in order to enjoy a more comfortable lifestyle and higher
living standards.

This has, however, led to a considerable number of problems. One of these concerns the variations in
medicines as between one Member States and another, which means many non-nationals cannot take their
usual medicines in their host country for the treatment of physical illnesses, above all those of a chronic
nature.

Can the Commission state what possibilities exist for an EU citizen resident in a Member State other than
his country of origin to be supplied with his usual medicines in his new host country, via the relevant
pharmaceutical establishments?

Answer given by Mr Bolkestein on behalf of the Commission

(20 February 2004)

As a matter of fact, an EU citizen resident in a Member State other than his country of origin may find his
usual medicines in his new host country provided those medicines have received marketing authorisation
in that Member State or have received a Community marketing authorisation.

In the case of distance selling where the EU citizen concerned would like to have his usual medicines
supplied by a pharmacist established in his country of origin, the following must be noted:

(cid:1) Article 14 of Directive 97/7/EC (1), provides that Member States, in order to ensure a higher level of
consumer protection, may introduce or maintain restrictions on the marketing of certain goods or
services, particularly medicinal products, within their territory by means of distance contracts, with
due regard for the EC Treaty.

C 78 E/894

Official Journal of the European Union

EN

27.3.2004

(cid:1) In its recent judgement of 11 December 2003 on Case C-322/01, the European Court of Justice ruled
that a national prohibition on the sale by mail order of medicinal products, the sale of which is
restricted to pharmacies in the Member State concerned, may be considered as a restriction to the free
movement of goods (Article 28 of the EC Treaty). That measure may, nevertheless, be justified by one
of the grounds foreseen in Article 30 of the EC Treaty, in particular the protection of the health and
life of humans provided that the measure in question is necessary for the effective protection of health
and life of humans and that there are no other measures available which are less restrictive of intra-
Community trade.

(cid:1) According to the Court prescription medicines must, for these purposes, be distinguished from non-
prescription medicines. Thus, a national prohibition on the sale by mail order of medicinal products,
the sale of which is restricted to pharmacies in the Member State concerned may be justified in so far
as the prohibition covers medicinal products subject to prescription. However, an absolute prohibition
on the sale by mail order of medicinal products which are not subject to prescription in the Member
State concerned cannot be justified on the basis of Article 30 of the EC Treaty.

(1) Directive 97/7/EC of the Parliament and of the Council of 20 May 1997 on the protection of consumers in respect
of distance contracts (cid:1) Statement by the Council and the Parliament re Article 6(1) (cid:1) Statement by the
Commission re Article 3(1), first indent, OJ L 144, 4.6.1997.

(2004/C 78 E/0945)

WRITTEN QUESTION P-4022/03

by Christos Folias (PPE-DE) to the Commission

(22 December 2003)

Subject: Comparative data in the olive oil sector

Will the Commission say whether it has comparative data on the results of controls carried out by its
services over the last five years in olive oil producing countries as part of annual economic adjustments in
the olive oil sector? If so what is this data? Have any penalties been imposed on the basis of the results of
these controls in each olive oil producing Member State and if so, which ones?

Answer given by Mr Fischler on behalf of the Commission

(26 January 2004)

The expenditure related to the common market organisation of olive oil is part of the expenditure under
the European Agriculture Guidance and Guarantee Fund-Guarantee section (EAGGF). The Commission
carries out its controls of this expenditure in the framework of the clearance of accounts (1).

On the basis of the clearance of accounts procedure, the Commission adopts separate decisions (cid:1) ‘ad-hoc
decisions’ (cid:1) that aim to exclude expenditure for which a Member State fails to provide the Commission
with reasonable assurance as to the effectiveness of the management and control procedures used to check
the legality and regularity of the aid scheme.

In the case of the olive oil production aid such financial corrections have been applied in recent years to
several Member States. Corrections have been applied as a flat-rate percentage of the total expenditure
related to the aid scheme per financial year.

For the financial year 1998 and 1999 Greece and Spain have seen their expenditure corrected by 5 % (2)
and Italy by 2 % (3). No corrections were applied to Portugal and France.

For the financial year 2000 Greece has again seen its expenditure corrected by 5 % and Italy by 2 % (4).
In the case of Spain the clearance of accounts procedure has not yet been finalised for this financial year.
No corrections were applied to France and Portugal.