A team of Auditors – Inspectors of the National Transparency Authority (NTA), following a complaint, carried out an audit between 01.09.2021 and 30.02.2022 on more than 250 websites in order to ascertain the legal or illegal operation of electronic pharmacy shops and to identify websites for the illegal trafficking and sale of pharmaceutical products, in accordance with the legislation in force.
The audit focused on websites with the domain name extension ".gr" since the identity and contact details of the beneficiaries-operators and registrars of these websites are kept at the National Telecommunications and Postal Commission (NTC) and can be identified.
Findings of the audit:
- As regards the legal framework governing the operation of electronic pharmacies, the changes introduced in the legislation on the licensing and operating requirements for physical pharmacy shops have not been fully incorporated into it.
- Furthermore, the right to start an electronic pharmacy shop, in accordance with Directive 2011/62/EU, is reserved exclusively for legally operating pharmacies, following their certification and the granting of the European logo to them by the Panhellenic Pharmaceutical Association (PPA) as the competent authority. The legislative provisions to comply with the above Directive came into force in 2016, with the issuance of the directive. G5(b)/G.P.20293/2016, without, however, the provision having been effectively activated, due to an institutional request of the P.P.A. to establish restrictions on the categories of medicinal products that may be sold online. With the launch of the audit, the procedures were accelerated, with the issuance of a relevant decree adopting in essence the views of the PPA.
- The consequence of the above is the operation of online shops which, illegally and abusively, make use of the term "pharmacy" and the green cross on their website, thus misleading the consumer.
- With regard to the sale of medicines via the internet, two (2) websites with the domain name extension ".gr" were found identifying themselves as pharmacies, the details and address of the beneficiaries of which concerned foreigners and third countries respectively. These sites advertised the sale of 'medicines' over the Internet, in breach of the legislation in force, creating confusion and misleading the public as to the origin and safety of the preparations and an obvious risk to public health. The advertising of the medicines for sale used the trade names of well-known preparations for erectile dysfunction, muscle relaxants, anti-thyroid drugs, anti-infectives, antidepressants, anti-obesity drugs, cardiovascular drugs, ovulation stimulants, anti-neoplastic and immunosuppressants, etc.
- It was found that if a website selling medicines via the internet is identified, there is no provision for the immediate blocking of access to the content or transactions with the public from Greece since there is no relevant legislation to date that determines the competent authority responsible in each case and the procedure to be followed for blocking and deactivating websites of this category.
The NTA's Audit Report was forwarded (a) to the Panhellenic Pharmaceutical Association (PPA) for its immediate actions for the initiation of the certification process of electronic pharmacy shops and the granting of the common European logo to them and (b) to the Ministry of Health for the examination of the harmonisation of the legislative framework on the operation of electronic pharmacy shops with that of the operation of pharmacies, as well as the promotion of a legislative regulation providing for a blocking procedure, by the Hellenic Telecommunications and Post Commission (E.T.T.), the access to the content of websites for the illegal distribution and sale of pharmaceutical products.
With regard to the illegal sale of pharmaceutical products from the websites presented as pharmacies, the Audit Report was forwarded to the Prosecutor of the Athens Court of Appeal for a criminal assessment of the facts contained therein and to the National Organization for Medicines (E.O.F.) in order to issue a press release to inform the public.