WRITTEN QUESTION E-2307/01

by Astrid Thors (ELDR) to the Commission

(31 July 2001)

Subject: Article 75 of the Schengen Agreement (transport of medicinal products)

Article 75 of the Schengen Agreement contains a requirement that persons moving within the Schengen area, and carrying medicinal products which may be classified as narcotics, must be able to produce a certificate. How should this provision be interpreted? There are a number of views which suggest that it is not clear which authorities are able to issue such a certificate and for which medicinal products it is required.

Could the Commission propose an amendment to clarify this text, or alternatively consider abolishing the requirement for a certificate?

Answer given by Mr Vitorino on behalf of the Commission

(8 October 2001)

Under Article 75 of the Schengen Implementing Convention, it is permissible to transport drugs and psychotropic substances needed as part of medical treatment if the person concerned has a certificate issued by a competent authority(1).

However, Schengen provisions do not lay down a list of medicines for which persons travelling in the Schengen area need a special certificate.

Article 75 refers to the medicinal products mentioned in international conventions on drugs (1961 Single Convention on Narcotic Drugs, 1971 Convention on Psychotropic Substances) or which contain substances referred to in these conventions which are also governed by the national law on drugs. Under these Conventions, additional substances can be subjected to the checks laid down by national law on drugs. Consequently, lists of products which constitute or contain narcotic drugs or psychotropic substances may vary from one Member State to another.

Under Article 75 the Member States designate the authorities responsible for issuing or authenticating the certificate. A list of these authorities is published in the Official Journal for the 10 countries which applied Schengen provisions by 25 March 2001(2). The list of the relevant authorities in the five Nordic countries which have implemented these provisions since 25 March 2001 has been sent directly to the Honourable Member and Parliament's Secretariat.

The Commission has no intention at present of proposing any amendments to the legislation in force.

(1) The standard certificate was published in OJ L 239, 22.9.2000.

(2) The standard certificate was published in OJ L 239, 22.9.2000.