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Vol 273 No 7321 p553
16 October 2004

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Exclude health from European cross-border rules

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Europe: is the integrity of UK health services under threat?

All health services should be excluded from the scope of a proposed European directive on cross-border services, the Pharmaceutical Group of the European Union has said.

The planned directive (PDF 430K) would ban a range of licensing and authorisation requirements in all service sectors so that businesses in any part of the European Union could offer services in any other member country based on requirements set by the country in which they are primarily based.

A PGEU position paper (PDF 1.7 MB) warns that service providers should always be subject to the rules of the country in which services are provided. To do otherwise would mean providers of services in the same country could be subject to different rules.

The PGEU paper says: “Many countries link the establishment of new pharmacies to the number of inhabitants in a given area or to the characteristics of the territory (eg, low population density, mountainous areas). The application of such population and geographical criteria has proven to be a key element in the organisation of national health care systems, designed to guarantee high quality, accessible pharmacy services throughout the national territory.”

PGEU president Pedro Capilla said: “The proposal as it stands does not take due account of the special nature of health services and could therefore have undesirable effects on the organisation, financing and long-term sustainability of the health care sector.”

A detailed joint response by UK pharmacy organisations to a Department of Trade and Industry consultation sets out the extent to which the planned directive cuts across provisions intended to guarantee the integrity of UK health services.

Among other concerns, they warn that primary care trusts would be unable to ensure that pharmacists and the premises from which they operate were suitable and posed no risk to the public unless publicly funded health services were excluded from the directive’s scope.

The proposed directive also includes a provision that could mean that NHS dispensing contracts would have to be time-limited. The response warns that this could mean that the business risk of opening a new pharmacy was not justified because of the length of time that it takes to recover launch costs from trading profits.

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