European Commission Closes Infringement Procedures Against Poland, Romania and Slovakia Over Restrictions of Parallel Trade in Medicines
- 17/05/2018
- Articles
The European Commission (the “Commission”) decided today to close infringement procedures which it had started against Poland, Romania and Slovakia over various measures which these Member States had taken to restrict the parallel export of specific medicines and thus avoid shortages in their domestic markets (see, Commission press release of today).
Acknowledging the genuine medicine shortages which these countries occasionally have to cope with, the Commission accepted the need to restrict the parallel trade in medicines, provided the government measures at issue are “justified, reasonable and proportionate to ensure a legitimate public interest”. The Commission specified that guaranteeing “an adequate and continuous supply of pharmaceuticals” to the local population is such an interest. Critically, it added that parallel trade in medicines may be one of the factors contributing to medicine shortages.
Significantly, the Commission also encouraged stakeholders, including Member States, to start what it referred to as a “structured dialogue”. It plans to discuss the export restrictions and the implementation of the public service obligation to ensure access to medicines for patients in the Commission Working Group on Pharmaceuticals.
Today’s Commission decision should be welcomed as a realistic attempt to balance the often conflicting objectives of servicing patient needs and preserving parallel trade in medicines. Carefully calibrated restrictions of parallel trade in medicines now stand a chance of passing muster under the free movement rules of the Treaty on the Functioning of the European Union.