31995Y1230(04)

COUNCIL RESOLUTION of 20 December 1995 on mutual recognition of the validity of medical prescriptions in the Member States (95/C 350/04)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Whereas, in its resolution of 30 November 1995 on the integration of health protection requirements in Community policies, the Council considers that the Community must pay particular attention to the impact on health of action proposed in a number of areas, including free movement of goods;

Whereas action to improve understanding of and address the impact on human health of the free movement of goods, in particular the free movement of medicinal products, should form part of the Community's overall strategy for action in the field of public health;

Whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;

Whereas patients, in moving from one Member State to another, could in practice be prevented from purchasing medicinal products prescribed by an authorized medical practitioner in another Member State;

Whereas, pursuant to the Treaty and to Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (1), all discriminatory treatment based on nationality with regard to establishment and provision of services is prohibited in medical practice;

Whereas this resolution does not affect provisions governing the financing or reimbursement of the cost of medicinal products by national social security schemes;

Whereas, moreover, this resolution does not cover prescriptions for a non-exempt dose of a substance classified as a norcotic drug or psychotropic substance under United Nations international conventions,

CALLS on the Commission, in cooperation with the Member States and taking account of work in this area by the relevant international organizations, to look into the present position with regard to the mutual recognition of medical prescriptions in the Member States. This study should include analysis of:

- the significance of the problems arising in practice,

- the possibilities for proper identification of prescriptions by the pharmacist and the elimination of dispensing errors,

- situations of fraud resulting in particular from fraudulent printing of prescriptions or the use of stolen prescriptions.

(1) OJ No L 165, 7. 7. 1993, p. 1.