Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

*|*

# 92001E2325

**WRITTEN QUESTION E-2325/01 by Pat Gallagher (UEN) to the Commission. Obstacles to the publication of research results which have important public health and consumer implications.** 
  
*Official Journal 040 E , 14/02/2002 P. 0238 - 0238*

  

WRITTEN QUESTION E-2325/01

by Pat Gallagher (UEN) to the Commission

(31 July 2001)

Subject: Obstacles to the publication of research results which have important public health and consumer implications

In order to conduct research into antibiotic resistance, research laboratories need supplies of antibiotic powder. It is the practice of some pharmaceutical companies to condition sale of this powder on an undertaking by the laboratory not to publish their research results without obtaining permission from the company.

Is the Commission aware of this practice and does the Commission share the view that this restrictive sales practice not only infringes the rules on the free movement of goods, but also raises serious concerns for public health and consumer protection? Can the Commission indicate what action it proposes taking to put an end to this practice?

Answer given by Mr Liikanen on behalf of the Commission

(10 October 2001)

As indicated in its answer to written questions P-1509/01 by Mrs Doyle(1) and P-1770/01 by Mrs Banotti(2) respectively, the Commission has already taken contact with several pharmaceutical companies concerning their policies with respect to supplies of antibiotic powder for research purposes. It is the Commission's understanding that, in general, pharmaceutical companies are ready to supply antibiotic substances for research purposes. In addition, the majority of these antibiotic substances may be purchased directly through commercial warehouses.

The Commission understands that it is standard practice for some companies who supply antibiotic free of charge to researchers to request undertakings from these researchers to ensure that the research is legitimate and appropriate vis à vis public health and to request sight of the research results in advance of publication. The Commission has no element to consider that these requests have any impact either on the free movement of pharmaceutical goods or on issues of public health and consumer protection. The Commission does not intend to take any action in this field.

In this respect, it is worth mentioning that the issue of antimicrobial resistance forms an inherent part of the Community's health strategy and comprises actions in all the relevant sectors including public health, veterinary and phytosanitary. In June 2001, the Commission adopted a communication on a community strategy against antimicrobial resistance(3), including details of its proposals in the area of research and product development and a proposal for a Council recommendation on the prudent use of antimicrobial agents in human medicine(4).

(1) OJ C 318 E, 13.11.2001, p. 245.

(2) OJ C 340 E, 4.12.2001.

(3) COM(2001) 333 final, Volume I.

(4) COM(2001) 333 final, Volume I.

[Top](#document1)