European Commission says Finland violates competition laws
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The European Commission has rebuked Finland in an issue concerning special compensations for medicines.
The Commission feels that Finland is in violation of EU competition rules by not granting special compensation status for medicines until they have been on the market for two years, and subject to basic compensation. A few exceptions have been made to this rule in recent years.
The Commission feels that Finland’s practice imposes restrictions on the free movement of goods.
The Commission also notes that Finnish legislation does not sufficiently define what requirements a medicine entitled to special compensation must meet. The law has words such as "necessary" and "economic", which are not given specific definitions.
Finland responded to the Commission just over a week ago, maintaining that its system of special compensation for medicines is not in conflict with EU regulations.
The emphasis in the response is that Finnish law allows the inclusion of a medicine among those subject to special compensation without the two-year waiting period, if sufficient reliable information is available.
Finnish medical authorities approved 17 new medicines for special compensation status in 2001 - 2003. Of these, four were given approval before the two-year time limit.
The pharmaceutical industry complained to the Commission about two years ago when the two-year waiting period was written into the law.
Finland is the only EU country which requires that medicines must first be on sale subject to basic compensation for a certain time before special compensation status can be granted.
If the Commission is not satisfied with the Finnish response, it can give an official statement, and if Finland’s response to that is not satisfactory, the matter can be brought before the Court of Justice of the European Communities.
If the issue goes to the court, a decision might be forthcoming in about five years.
Helsingin Sanomat
