The Directive on Falsified Medicinal Products, Directive 2011/62/EU of the Parliament and of the Council, of 8 June 2011, which main objective is to face the counterfeit of medicinal products, determined a number of requirements that have to be met in respect of distance selling of medicinal products, that takes place mainly through the sale of medicinal products over the internet, which we also know it is the main means of distribution of counterfeit medicinal products.
One of the measures determined by the Directive of Falsified Medicinal Products was the conception of a common logo that is recognized throughout the European Union and that allows for the simultaneous identification of the Member State where the person providing medicinal products thorough distance selling is established. According to the same Directive, such logo shall be clearly visible on the websites that provide medicinal products to the public through distance selling. It was precisely this common logo’s graphic design that was released last June 24, through the adoption of the Commission Implementing Regulation (EU) 699/2014.
This Regulation determines the graphic design of a common logo for all the pharmacies that sell medicinal products through the internet, as well as all the technical requirements necessary to assure its authenticity. The mentioned Regulation takes effect from 1 July 2015.
The Portuguese legislator transposed the Directive on Falsified Medicinal Products into the national legal system through Decree-Law 307/2007, of 5 September. Therefore, this Decree-Law amended the Community Pharmacies Legal Regime, the Decree-Law 307/2007, of 31 August, that now contains a provision, article 9.º-A, which regulates distance selling of medicinal products to the public, being that that provision establishes the obligation of these entities to have a common logo, designed and determined by the European Commission, visible on the website that provides medicinal products through distance selling to the public, and that includes a link that allows the access to Infarmed’s webpage.