Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-12-17-Speech-3-408"
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"en.20081217.24.3-408"2
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"Madam President, as the Commission has repeatedly noted and emphasised, the rule prohibiting pharmacists established in one Member State from accepting prescriptions for personal use issued by a doctor established in a different Member State goes beyond the regulations needed to protect public health and therefore conflicts with Community legislation, specifically Article 49 of the Treaty. Consequently, if a medicinal product has a marketing authorisation in the territory of one Member State in accordance with Article 6(1) of Directive 2001/83, that Member State must ensure that prescriptions signed by authorised persons in other Member States can be used within its territory. According to the case law of the Court of Justice, any restriction on such recognition must not give rise to discrimination, must be reasoned and must be proportionate.
Furthermore, the Commission considers that, for reasons of public health, it would be proportionate for national legislation to make provision for pharmacists to be able to refuse to dispense a prescription if they have legitimate and justified doubts as to the authenticity of the prescription and to exempt medicinal products for which a special prescription is required, as provided for in Article 71(2) of Directive 2001/83.
As regards Article 14 of the proposed directive on the application of patients’ rights in cross-border healthcare, it is designed to safeguard the recognition of prescriptions issued legally in another Member State within the limits I mentioned. The purpose of Article 14(2) is to facilitate the application of the recognition of prescriptions issued by a doctor in another Member State by approving measures which will help pharmacists to dispense prescriptions issued in another Member State where there is no doubt either as to the authenticity of the prescription or the proper identification of the drug prescribed. The Commission cannot give details of the measures to be approved under Article 14, because these measures will, of course, be approved in accordance with the regulatory procedure within the framework of a committee consisting of representatives of the Member States and the Commission cannot therefore anticipate as of now which measures will be decided by the representatives of the Member States. Similarly, the Commission wishes to emphasise that Article 14(2) simply refers to measures which will safeguard the correct identification of prescribed drugs and does not make provision for any specific solution to achieve that objective.
In addition, the Commission is aware of the matter to which the honourable member of the European Parliament refers in connection with the different policies followed by the different Member States in terms of the facility to replace one drug perhaps marketed as a patent medicine by a generic medicine, but this issue is one which is addressed by the Member States themselves. We, as the Commission, cannot force the Member States to decide whether pharmacists can replace one drug with another. That, of course, is up to the Member States.
I should therefore like to finish by stating that a prescription issued by a doctor established in another Member State provides the same guarantees to patients as a prescription issued by a doctor established in the Member State in question and, according to the judgment of the Court of 7 March in the Schumacher case and in the case of the Commission versus Germany in 1990, the same applies to drugs bought from a pharmacy in another Member State."@en1
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