WRITTEN QUESTION No. 3477/97 by Marie-Paule KESTELIJN- SIERENS to the Commission. Law on the establishment of pharmacists
17. 7. 98 EN Official Journal of the European Communities C 223/3 Creditors will send copies of supporting documents, indicating the nature of the claim, the date on which it arose and its amount, as well as whether are claimed preference, security or a reservation of title are claimed and what assets are covered by the guarantee invoked. The claim may be lodged in the official language of the state of domicile or habitual residence. In this event, the lodgement of his claim will bear the heading álodgement of claimí in the official language of the state where proceedings are opened. In addition, the creditor may be required to provide a translation. These rights will only be available to creditors in cross-border claims from the date the Convention enters into force. Under Article 49. 3 of the Convention, ratification by national parliaments of all states having signed the Convention is required. At present, the fact that the United Kingdom has not signed prevents the Convention from entering into force. In order to solve this situation, the Commission plans to examine all options to progress in this field and, in particular, whether a legislative proposal is necessary to enforce the measures contained in the 1995 Convention. (98/C 223/03) WRITTEN QUESTION E-3477/97 by Marie-Paule Kestelijn-Sierens (ELDR) to the Commission (31 October 1997) Subject: Law on the establishment of pharmacists In Belgium pharmaceutical practices are subject to a law on establishment, with the number of practices permitted in each local authority area being restricted on the basis of its population. In other words the freedom of establishment is limited. Does the Belgian law on the establishment of pharmacists contravene the provisions on the right of establishment set out in Chapter 2 (Articles 52-58) of the Treaty establishing the European Community? Does the Commission have any plans for legislation which would seek to eliminate the restrictions arising from this law? Answer given by Mr Monti on behalf of the Commission (6 January 1998) Rules similar to the Belgian legislation mentioned by the Honourable Member exist in the large majority of Member States. In this connection the Commission would draw the Honourable Memberís attention to the second recital to Directive 85/432/EEC of 16 September 1985 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy (1). The recital states that áthis Directive does not ensure coordination of all conditions of access to and pursuit of activities in the field of pharmacy;. in particular, the geographical distribution of pharmacies and the monopoly of the supply of medicinal products continue to be matters for the Member Statesí. In the absence of any Community harmonising or coordinating legislation, Member States are alone competent to adopt rules on the subject, provided those rules are compatible with Community law. The Commission considers in this respect that, as long as they apply in a non-discriminatory manner and are proportionate to the objective sought, national measures such as those referred to are not contrary to the principle of freedom of establishment as set forth in Article 52 of the EC Treaty. The Commission accordingly does not intend to present any proposals aimed at harmonising or coordinating the national laws concerned. (1) OJ L 253, 24. 9. 1985, p. 34