Parallel imports generally enable consumers to benefit from more attractive prices. However, national laws on medicines sometimes result in or have the aim of making such imports more difficult if not impossible. Thus the German authorities until recently made this type of commercial operation subject to a certificate of compliance by imported medicines with German regulations although these had already been authorized on the German market. The Commission felt that this requirement was incompatible with the rules ensuring the free movement of goods (Articles 30 et seq. of the EEC Treaty) since parallel importers, who are neither the producer nor official distributor of such products, are rarely in a position to supply the necessary documents. The German authorities justified this measure by invoking the protection of public health, and in particular an increased risk of deception. The Commission, on the other hand, felt that, as such, the crossing of a frontier did not entail greater risks. The German authorities have accepted the Commission's view and, in order to redress the situation as quickly as possible, have sent a circular to the customs authorities asking them no longer to apply the laws at issue i.e. no longer to subject parallel imports to a requirement concerning this additional certificate. The Commission welcomes this solution which takes account of the principles of the free movement of goods and demonstrates the spirit of cooperation between the Member States and the Community institutions. Moreover, the Commission notes with satisfaction that the German government, and other governments, are increasingly adopting the approach that it recommends in order to reach a quicker settlement of the dispute i.e. that while awaiting formal amendments to the offending legal texts, the Member States will take temporary action (by means of interpretative circulars other than administrative action of the same type) in order to ensure compliance with the rules governing the free movement of goods within the single European market. * * *
