A great step forward was recorded for the first legal instrument criminalizing the production and distribution of counterfeit medical products, the
, in the beginning of this year. Indeed, the Convention of the Council of Europe on counterfeiting of medical products and similar crimes involving threats to public health entered into force on 1 January 2016 in the 5 States who ratified it (4 European countries and a third country): Ukraine, Spain, Hungary, Moldova and Guinea.
On 17 December 2015, Albania has added its signature now bringing the number of signatories to 26. The Medicrime Convention criminalizes manufacturing, supplying, offering to supply and trafficking in counterfeit medical products; falsification of documents; and unauthorized manufacturing or supplying or marketing of medicinal products and medical devices that do not comply with conformity requirements.
In France, on December 17, 2015, the Senate passed the bill No. 210 (2014-2015) authorizing the ratification of the Medicrime Convention that fills the gap of a specific international instrument in the fight against falsified medical products. Claude Malhuret, rapporteur, spoke in session and said: “Given the conditions of supply of medicines, France is one of the most protected countries vis-à-vis counterfeiting. There is no incentive to look on the Internet for products likely to be counterfeited or altered, except for some products such as doping, anabolic steroids, or slimming products, which doctors rightly do not want to prescribe. In terms of sale of medicines on the internet, French legislation is very strict: any online pharmacy must be linked to a physical pharmacy and the pharmacist must has graduate. The problem is ordering medicines outside France, in Eastern Europe and in Asia (90% of counterfeit drugs come from India and China). The only thing we can do in France is to strengthen controls at customs. France makes every effort and applies good regulation but the problem is global and this convention should improve things. ”
- For details of the , see the dedicated page on the site IRACM.Medicrime Convention
- Read the.Report No. 237 (2015-2016) Mr. Claude Malhuret, on behalf of the Committee on Foreign Affairs, Defence and Armed Forces, filed on December 9, 2015
- To follow the chart of signatures and ratifications, see the dedicated page of the Council of Europe: .Chart of signatures and ratifications of the Treaty 211