The European Commission plans to accelerate plans to deal with counterfeit drugs in parallel trade and launch a legislative initiative after the summer break, Commission Vice President Guenter Verheugen announced in the European Parliament,
PharmaTimes reports.
At the end of December 2006, the Commission began a two-part study into pharmaceutical distribution channels. The first part of the study, dealing with safe medicines in parallel trade, was completed at the end of 2007 and the second, covering counterfeit medicines, was due to present this year.
However, Verheugen told Parliament last week: “Unfortunately, the first results of the study show that parallel trade brings a considerable risk for the safety of the patients. The reasons for that are numerous - there are problems with the packaging and labeling of the products as well as with product recalls, the complexity of distribution channels and the supply. And finally it is difficult to effectively enforce the law.â€
The Commission is now analyzing these findings “in order to develop a coherent strategy to avoid these risks,†he told Parliament. Different political options are being examined in terms of their social, economical and ecological effects, but the issue is a priority for the EC, given its importance for public health policies, and a decision on further procedure will be made in the near future, he said.
He was responding to questions from Mairead McGuinness, Member of the European Parliament (MEP) for Ireland East. She asked him how the Commission planned to respond to last November’s report from the European Alliance for Access to Safe Medicines (EAASM), which warned that counterfeit and sub-standard medicines are now finding their way into the European Union (EU) supply chain.
In particular, she asked, does the Commission plan to tackle this problem by reviewing parallel trade and promoting a genuine single market in pharmaceutical products which, she said, “is in the interests of consumers and appears essential to ensure that the benefits of the internal market, including affordable medicines, extend to all parts of Europe's economy?â€
Verheugen replied by outlining the plans to prioritize the issue of counterfeits, and continued that additional ways to address parallel trade are currently being explored, in particular with respect to pricing initiatives. “The whole issue of pricing and reimbursement of medicines in the EU is under the full responsibility of the member states; we have no powers whatsoever, but it is obvious that we need to cooperate,†which is why pricing and reimbursement is a priority for the Commission, he said.
“I am well aware that, for citizens, the fact that the same medicine has completely different prices in different European member states is difficult to understand. It is also difficult for me to understand. The fact that these prices are regulated is only one factor. Another factor, of course, is that the pharmaceutical industry is part of the market economy. They are free to set their prices, but we are intensely studying the situation and I think that we will be able to present solutions," Verheugen told McGuinness.
The European Federation of Pharmaceutical Industries and Associations (EFPIA) had claimed that EU authorities “apply two sets of regulatory standards - one set for strict rules applied to the Marketing Authoirzation holder (or manufacturer) and a set of ‘substandard’ rules applied to parallel traders. This leads to the belief that the ‘free movements of goods’ principle appears to be the Commission’s overriding objective, superseding objectives such as patient safety or continued appropriate and balanced supplies of medicinal product to all the member states’ markets.â€
The response to the Commission submitted by the European Association of Euro-Pharmaceutical Companies, which represents parallel traders, stated that: “parallel distribution, the only form of intrabrand price competition which exists in the pharmaceutical market, makes expensive, innovative medicines more affordable for patients and governments.†And last November, EAEPC attacked the EAASM report as “black propaganda†which was about “discrediting the legitimate and safe practice of EU-internal distribution of medicines which introduces price competition for manufacturers.â€
Source: PharmaTimes






2 Comments
Parallel trade is a type of market arbitrage that occurs whenever a price differential is sufficiently large between (or among) market segments that a profit can be made. It is opportunistic and in some instances short-lived for a specific product.
Specialty and secondary wholesalers are the vechiles through which this trade occurs. Despite the industry's protest, parallel trade has a minimal overall financial impact on a company's profitability. (It can be huge at the product level in some markets, notably the UK.) Manufacturers in the EU have learned to live with parallel trade for decades and, while annoying, it can be managed. Some pharma companies have elected, for example, to sell branded products to selected parallel traders just to control the amount of supply in the distribution channel.
The problem of counterfeiting is related to parallel trade in the sense that a bogus product enters the market through secondary wholesalers. It is a very legitimate concern, the acutal magnitude of which is largely unknown. It's magnitude is known to be high in developing country markets where laws and their enforcement are lax at best.
Another point to make is that counterfeits are hard to distinguish from legitimate products, their labeling, etc.
Bottom line: counterfeiting is a legitimate patent safety issue; parallel trade is not.
Final note: parallel trade is legal in the EU. It is, however, illegal for products to enter the supply chain from non-EU sources.
I concur with Bob Freeman that the patient safety issue relates to the potential for bogus product to be introduced into the UK supply chain as part of the Parallel Import process. Since the UK has aggressive re-imbursement policies within the National Health Service, this market is unlikely to see large scale diversion, or substitution, but it could well be a risk topic for those countries which have recently become members of the EEC. Large cost differentials will remain for some time and it is very unlikely that any change will be made in the five year timeline.