Appendix 2 – Opinion of the Public Health Committee (CD-P-SP)
on Parliamentary Assembly Recommendation
1793 (2007) on the need for a Council of Europe convention
on the suppression of counterfeiting and trafficking in counterfeit
goods
1. Background
The Parliamentary Assembly adopted Recommendation 1793 (2007) on the
need for a Council of Europe convention on the suppression of counterfeiting
and trafficking in counterfeit goods at the second part of the 2007
Ordinary Session (16-20 April 2007).
At its 994bis meeting
on 7 and 9 May 2007, the Ministers’ Deputies examined the above
recommendation and decided to bring it to the attention of their
governments, and also agreed to communicate it to the European Committee
on Crime Problems (CDPC) and to the Public Health Committee (CD-P-SP)
for information and possible comments by 15 June 2007. It invited
its Rapporteur Group on Social and Health Questions (GR-SOC) to
prepare, in the light of comments, a draft reply for adoption at
one of their forthcoming meetings (CM/Del/ Dec(2007)994bis).
This Assembly recommendation deals with the Assembly’s preoccupation
with the growing phenomenon of counterfeiting in general in Europe,
its substantial risk to public health and losses incurred by economies
in Europe. The Assembly’s recommendation aims at enforcing its earlier Recommendation 1673 (2004) on counterfeiting:
problems and solutions (see also the opinion of the Committee of
Experts on Pharmaceutical Questions (P-SP-PH) on Parliamentary Assembly Recommendation 1673 (2004) on
counterfeiting: problems and solutions, submitted via the Public
Health Committee (CD-P-SP) in December 2004).
2. Opinion
1. The CD-P-SP welcomes this Assembly recommendation
as a very important initiative at political level to highlight not
only the complexity of counterfeiting as a whole, the lacunae and
obstacles existing as regards effective specific legal tools and
their practical enforcement and the overall devastating effects
it has on public health and the sustainable development and growth
of society in Europe, but also outlining possible contributions
to tackle the problem.
2. The CD-P-SP takes note with appreciation that the Assembly
welcomes the prospect of elaborating a European convention on the
fight against pharmaceutical and health carerelated crimes (see
also its opinion on Parliamentary Assembly
Recommendation 1794 (2007) on the
quality of medicines in Europe, examined by the Committee of Ministers
on 26 September 2007).
3. The CD-P-SP shares the concerns of the Assembly about the
serious, often fatal, consequences for the consumer through the
use of counterfeit or adulterated pharmaceutical products, health
care products, food, alcoholic beverages, and other consumer products
and commodities. This concern is based on the long-standing commitment
and competencies of the CD-P-SP in consumer health protection, which
is reflected in its programme of activities, in particular on the
safe use of pharmaceuticals and pharmaceutical practice as well
as on consumer health protection as regards cosmetic products and
nutrition, including food packaging materials and flavourings.
3. Conclusions
1. In conclusion, and without prejudice to the foregoing
comments, the CD-P-SP takes note with appreciation of Assembly
Recommendation 1793 (2007) –
drawn up in the spirit of the core values of the Council of Europe,
indicating a possible approach to a highly complex problem and arriving
at a sensitive approach outlining measures to protect society and
economies from the scourge of counterfeit products while at the
same time emphasising public health protection.
2. The CD-P-SP calls for an adequate consideration of the needs
of consumer and patient protection, in particular as regards pharmaceuticals,
cosmetics and nutrition in every possible follow-up given to
Recommendation 1793 (2007) on
the need for a Council of Europe convention on the suppression of counterfeiting
and trafficking in counterfeit goods.
