EFPIA HCP CODE

EFPIA CODE ON THE PROMOTION OF

PRESCRIPTION-ONLY MEDICINES TO, AND
INTERACTIONS WITH,
HEALTHCARE PROFESSIONALS

Adopted by EFPIA Board on 5 July 2007, and ratified by the EFPIA Statutory
General Assembly of 19 June 2008

as amended by
the Statutory General Assembly on 14 June 2011 – amending Article 17 on
Medical Samples (previously Article 16), and requiring implementation in national
codes by 31 December 2011

as amended by
the Statutory General Assembly on 24 June 2013 – amending Article 10
(previously Article 9) on Events & Hospitality, Article 17 (previously Article 10) on
Gifts, and introducing a new Article 9 on Informational & Educational Materials,
and Items of Medical Utility, and requiring implementation in national codes by 31
December 2013

as amended by
the Statutory General Assembly on 6 June 2014 – amending para. 3 of the
Section “Applicability of Codes” (p. 7), Section 9.03 (scope of materials and items
condisered) (p. 11), Section 10.5 (monetary thresholds) (p. 12) and Article 17
(clarification) (p. 16-17)

FINAL CONSOLIDATED VERSION 2013

Approved by the General Assembly of 6 June 2014

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 TABLE OF CONTENTS

PAGE

INTRODUCTION .......................................................................................... 4
SCOPE .......................................................................................... 5
APPLICABILITY OF CODES ............................................................................. 6

ARTICLE 1 MARKETING AUTHORISATION ................................................. 8

ARTICLE 2 INFORMATION TO BE MADE AVAILABLE ................................... 8

ARTICLE 3 PROMOTION AND ITS SUBSTANTIATION ................................... 8
ARTICLE 4 USE OF QUOTATIONS IN PROMOTION...................................... 9
ARTICLE 5 ACCEPTABILITY OF PROMOTION ............................................. 9
ARTICLE 6 DISTRIBUTION OF PROMOTION ............................................. 10
ARTICLE 7 TRANSPARENCY OF PROMOTION ......................................... 10
ARTICLE 8 NO ADVICE ON PERSONAL MEDICAL MATTERS ..................... 10

ARTICLE 9 INFORMATIONAL OR EDUCATIONAL MATERIALS, AND ITEMS OF

MEDICAL UTILITY ................................................................ 10
ARTICLE 10 EVENTS AND HOSPITALITY .................................................. 11
ARTICLE 11 DONATIONS AND GRANTS THAT SUPPORT HEALTHCARE OR
RESEARCH ......................................................................... 12
ARTICLE 12 FEES FOR SERVICE ............................................................ 13
ARTICLE 13 SPONSORSHIP OF HEALTHCARE PROFESSIONALS ................. 13
ARTICLE 14 THE USE OF CONSULTANTS ................................................. 13
ARTICLE 15 NON-INTERVENTIONAL STUDIES FOR MARKETED MEDICINES .. 14
ARTICLE 16 MEDICAL SAMPLES ............................................................. 16

ARTICLE 17 PROHIBITION OF GIFTS ....................................................... 16

ARTICLE 18 PHARMACEUTICAL COMPANY STAFF ..................................... 16

ARTICLE 19 ENFORCEMENT ................................................................... 18
ARTICLE 20 AWARENESS AND EDUCATION ............................................. 18

ANNEX A IMPLEMENTATION AND PROCEDURE RULES .......................... 19

ANEXE B GUIDELINES FOR INTERNET W EBSITES AVAILABLE TO
HEALTHCARE PROFESSIONALS, PATIENTS AND THE PUBLIC IN
THE EUROPE ...................................................................... 21

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 SUBSEQUENT VERSIONS OF THE EFPIA HCP CODE

Adopted in 1991 at the initiative of the European pharmaceutical industry, the EFPIA HCP Code
took effect on 1 January 1992. On 31 March 1992, the Council of the European Communities
adopted Council Directive 92/28/EEC to govern the advertising of medicinal products for human
use in European Community Member States. The EFPIA HCP Code was therefore adapted in
1992 to make it fully consistent with Directive 92/28/EEC. The revised version of the initial
EFPIA HCP Code took effect on 1 January 1993.

In November 2001, Council Directive 2001/83/EC superseded Council Directive 92/28/EEC.

Council Directive 2001/83/EC was amended in 2004 by Council Directive 2004/27/EC. The
EFPIA HCP Code was further revised in 2004 to adopt various improvements and to make it
fully consistent with Directive 2001/83/EC, as amended. This revised version of the EFPIA
HCP Code was adopted by EFPIA on 19 November 2004 and took effect in January 2006.

In late 2006 and early 2007, the EFPIA HCP Code was further revised to adopt various
improvements and address additional topics suggested by the EFPIA General Assembly. This
revised version of the EFPIA HCP Code was adopted by EFPIA Board on 28 September 2007,
with effect from no later than 1 July 2008 (depending on national transposition dates) (the
“Implementation Date”). General Assembly ratified this revised version at its 19 June 2008
meeting.

Recognising that the 2007 revision imposed certain obligations upon companies that may take
time in order to be implemented fully, the EFPIA HCP Code included footnotes in the following
sections to provide guidance to companies as to their obligations under the EFPIA HCP Code
during the transition period: (a) Section 14.02; and (b) Section 15.02. In general, companies
should include any applicable provisions in their contracts with healthcare professionals or
make any additional disclosures required by the EFPIA HCP Code beginning on the
“Implementation Date”; however, companies were encouraged to take such actions in advance
of the “Implementation Date”.

Following the Leadership Statement issued by leaders of industry on 24 June 2010, the General
Assembly of 14 June 2011 amended Article 16 of the EFPIA HCP Code, formalising the “4x2
standard” applicable to medical samples with a requirement on Member Associations to
implement the amendment by 31 December 2011.

The European pharmaceutical industry understands the need to provide a well-managed

framework for collaboration that should introduce greater transparency around industry’s
interactions with Healthcare Professionals (HCPs) and Healthcare Organisations (HCOs). The
General Assembly of 24 June 2013 adopted a new Code on Disclosure of Transfers of Value
from Pharmaceutical Companies to Healthcare Professionals and Healthcare Organisations
(EFPIA HCP/HCO DISCLOSURE CODE). Concomitantly, amendments to the EFPIA HCP
Code have been approved, which tighten up the rules applicable to gifts and hospitality.
Member Associations are required to transpose the revised EFPIA HCP Code into their national
codes by no later than 31 December 2013, and in compliance with national laws and
regulations.

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 INTRODUCTION

The European Federation of Pharmaceutical Industries and Associations (“EFPIA”) is the

representative body of the pharmaceutical industry in Europe. Its membership is composed of:

 Full members, including: (i) research-based pharmaceutical companies, developing and

manufacturing medicinal products in Europe for human use – called corporate members;
and (ii) those organisations representing pharmaceutical manufacturers at national level
whose members include, among others, research-based companies – called member
associations.

 Affiliate members, including: (i) companies specialising in particular fields of pharmaceutical

research and/or development or in new technologies of particular interest to the
pharmaceutical industry – called "affiliate member company"; and (ii) organisations
representing research-based pharmaceutical companies at national level in Europe that
have been granted the title of “affiliate member associations”.

 Research-based pharmaceutical companies operating in a particular segment of the

pharmaceutical market that joint a specialised group within EFPIA: (i) European Bio-
pharmaceutical Enterprises (EBE); and (ii) Vaccines Europe (VE).

Separate entities belonging to the same multinational company – which could be the parent
company (e.g. the headquarters, principal office, or controlling company of a commercial
enterprise), subsidiary company or any other form of enterprise or organisation – shall be deemed
to constitute a single company, and are as such committed to compliance with the EFPIA Codes.
1
EFPIA and its members are conscious of the importance of providing accurate, fair and
objective information about medicinal products so that rational decisions can be made as to
their use. With this in mind, EFPIA has adopted the EFPIA HCP Code on the Promotion of
Prescription-Only Medicines to, and Interactions with, Healthcare Professionals (the “EFPIA
HCP Code”). The EFPIA HCP Code reflects the requirements of Council Directive 2001/83/EC,
as amended, relating to medicinal products for human use (the “Directive”). The EFPIA HCP
Code fits into the general framework established by the Directive, which recognises the role of
voluntary control of advertising of medicinal products by self-regulatory bodies and recourse to
such bodies when complaints arise.

EFPIA encourages competition among pharmaceutical companies. The EFPIA HCP Code is
not intended to restrain the promotion of medicinal products to, or limit interactions with,
healthcare professionals in a manner that is detrimental to fair competition. Instead, it seeks to
ensure that pharmaceutical companies conduct such promotion and interaction in a truthful
manner, avoiding deceptive practices and potential conflicts of interest with healthcare
professionals, and in compliance with applicable laws and regulations.

1
The updated list of the EFPIA membership can be found on www.efpia.eu.

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The EFPIA HCP Code thereby aims to foster an environment where the general public can be
confident that choices regarding their medicines are being made on the basis of the merits of
each product and the healthcare needs of patients.

SCOPE OF THE EFPIA HCP CODE

The EFPIA HCP Code covers the promotion to healthcare professionals of prescription-only
medicinal products and interactions between healthcare professionals and pharmaceutical
companies. The EFPIA HCP Code is applicable to EFPIA member companies, their
subsidiaries, and any companies affiliated with EFPIA member companies or their subsidiaries
(“Member Companies”).

Member Companies shall also be responsible for the obligations imposed under any relevant
Applicable Code (defined below) even if they commission other parties (e.g., contract sales
forces, consultants, market research companies, advertising agencies) to design, implement or
engage in activities covered by the Applicable Code (defined below) on their behalves. In
addition, Member Companies shall take reasonable steps to ensure that any other parties that
they commission to design, implement or engage in activities covered by the Applicable Code
(defined below) but that do not act on behalf of the Member Company (e.g., joint ventures,
licensees) comply with Applicable Codes (defined below).

“Promotion”, as used in the EFPIA HCP Code, includes any activity undertaken, organised or
sponsored by a Member Company, or with its authority, which promotes the prescription, supply,
sale, administration, recommendation or consumption of its medicinal product(s). “Medicinal
products”, as used in the EFPIA HCP Code has the meaning set forth in Article 1 of the
Directive 2001/83/EC, including: medicinal products, immunological medicinal products,
radiopharmaceuticals, medicinal products derived from human blood or human plasma, for
which a marketing authorisation has been delivered in application of Directive 2001/83/EC.

The EFPIA HCP Code covers promotional activity and communication directed towards, and
interactions with, any member of the medical, dental, pharmacy or nursing professions or any
other person who in the course of his or her professional activities may prescribe, purchase,
supply or administer a medicinal product (each, a “healthcare professional”).

The EFPIA HCP Code covers all methods of promotion including, but not limited to, oral and
written promotional activities and communications, journal and direct mail advertising, the
activities of Medical Sales Representatives (defined in Section 18.01), the use of internet and
other electronic communications, the use of audio-visual systems such as films, video
recordings, data storage services and the like, and the provision of informational or educational
materials, items of medical utility, hospitality in relation to events and medical samples.

The EFPIA HCP Code also covers interactions between Member Companies and healthcare
professionals including, but not limited to, those in the context of research or contractual
arrangements (including certain aspects of clinical trials, non-interventional studies and
consultancy and advisory board arrangements). Interactions between Member Companies and
patient organisations are covered by the EFPIA Code of Practice on Relationships between the

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Pharmaceutical Industry and Patient Organisations (the EFPIA PO Code) and the EFPIA HCP
Code requires compliance with such rules.

The EFPIA HCP Code is not intended to restrain or regulate the provision of non-promotional
medical, scientific and factual information; nor is it intended to restrain or regulate activities
directed towards the general public which relate solely to non-prescription medicinal products.
EFPIA, however, acknowledges that some member associations address these activities in
their respective national codes, and encourages other member associations to do so, where
appropriate.

The EFPIA HCP Code does not cover the following:

 the labelling of medicinal products and accompanying package leaflets, which are subject
to the provisions of Title V of the Directive;
 correspondence, possibly accompanied by material of a non-promotional nature, needed
to answer a specific question about a particular medicinal product;
 factual, informative announcements and reference material relating, for example, to pack
changes, adverse-reaction warnings as part of general precautions, trade catalogues and
price lists, provided they include no product claims;
 non-promotional information relating to human health or diseases;
 activities which relate solely to non-prescription medicinal products; or
 non-promotional, general information about companies (such as information directed to
investors or to current/prospective employees), including financial data, descriptions of
research and development programmes, and discussion of regulatory developments
affecting a company and its products.

Attached to the EFPIA HCP Code are: Annex A, the “Implementation and Procedure Rules”
which are binding upon member associations and companies and set forth the framework for
the implementation of the EFPIA HCP Code, the processing of complaints and the initiation or
administration of sanctions by member associations; and Annex B, the “Guidelines for Internet
Websites Available to Healthcare Professionals, Patients and the Public in Europe” which
provide guidance to member associations and companies with respect to the content of
websites containing information on medicinal products subject to prescription.

APPLICABILITY OF CODES

The EFPIA HCP Code sets out the minimum standards which EFPIA considers must apply. In
a manner compatible with their respective national laws and regulations, member associations
must, at a minimum, adopt in their national codes provisions no less rigorous than the
provisions contained in the EFPIA HCP Code. Member associations are encouraged to tailor
their national codes to adapt to national conditions and to adopt additional provisions which
extend further than the minimum standards included in the EFPIA HCP Code.

Promotion and interaction which take place within Europe must comply with applicable laws and
regulations. “Europe” as used in the EFPIA HCP Code includes those countries in which the
EFPIA member associations’ codes of practice apply. In addition, promotion and interaction

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which take place within Europe must also comply with each of the following “Applicable
Codes”:

(a) (i) in the case of promotion or interaction that is undertaken, sponsored or organised by
or on behalf of, or with, a company located within Europe, the member association
national code of the country in which such company is located; or (ii) in the case of
promotion or interaction that is undertaken, sponsored or organised by or on behalf of, or
with, a company located outside of Europe, the EFPIA HCP Code; and

(b) the member association’s national code of the country in which the promotion or
interaction takes place.

In the event of a conflict between the provisions of the Applicable Codes set forth above, the
more restrictive of the conflicting provisions shall apply (unless as otherwise covered by Section
13.01), except for the application of Section 10.05, where the monetary threshold set in the
country where the event takes place (i.e. the “host country”) shall prevail.

For the avoidance of doubt, the term “company” as used in this EFPIA HCP Code, shall mean
any legal entity that organises or sponsors promotion, or engages in interactions with
healthcare professionals covered by an Applicable Code, which takes place within Europe,
whether such entity be a parent company (e.g., the headquarters, principal office, or controlling
company of a commercial enterprise), subsidiary company or any other form of enterprise or
organisation.

Member Companies must comply with any Applicable Codes and any laws and regulations to
which they are subject. All companies that are members of EFPIA must either (i) be a member
of the member association in each country where it conducts activities covered by the EFPIA
HCP Code (either directly or through the relevant subsidiary) or (ii) agree in writing with each
such member association that it (or its relevant subsidiary) is bound by such member
association’s code (including any applicable sanctions that may be imposed there under).

To facilitate compliance with Applicable Codes, each member association must establish
adequate procedures for ensuring that each of its member companies complies with the
requirements of such member association’s national code and any other member association’s
national code which may be applicable to its conduct, even if the company does not belong to
the other member association. In order to establish adequate procedures for ensuring
compliance with Applicable Codes, member associations will be required to, among other things,
establish appropriate complaint procedures and sanctions for breaches of their respective
codes. Additionally, all international events (as defined in Section 10.02 of the EFPIA HCP
Code) must be notified to any relevant local subsidiary or, alternatively, local advice must be
taken.

The spirit, as well as the letter of the provisions of the EFPIA HCP Code must be complied with.
EFPIA also encourages compliance with the letter and spirit of the provisions of the
International Federation of Pharmaceutical Manufacturers and Associations (“IFPMA”) Code of
Pharmaceutical Marketing Practices, where applicable.

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 PROVISIONS OF THE EFPIA HCP CODE

ARTICLE 1
MARKETING AUTHORIZATION

Section 1.01. A medicinal product must not be promoted prior to the grant of the
marketing authorization allowing its sale or supply or outside of its approved indications.

Section 1.02. Promotion must be consistent with the particulars listed in the summary of
product characteristics of the relevant Medicinal Product.

ARTICLE 2
INFORMATION TO BE MADE AVAILABLE

Section 2.01. Subject to applicable national laws and regulations, all promotional
material must include the following information clearly and legibly:
a. essential information consistent with the summary of product characteristics, specifying
the date on which such essential information was generated or last revised;
b. the supply classification of the product; and
c. when appropriate, the selling price or indicative price of the various presentations and the
conditions for reimbursement by social security bodies.

Section 2.02. Subject to applicable national laws and regulations, where an

advertisement is intended only as a reminder, the requirements of Section 2.01 above need not
be complied with, provided that the advertisement includes no more than the name of the
medicinal product or its international non-proprietary name, where this exists, or the trademark.

ARTICLE 3
PROMOTION AND ITS SUBSTANTIATION

Section 3.01. Promotion must be accurate, balanced, fair, objective and sufficiently
complete to enable the recipient to form his or her own opinion of the therapeutic value of the
medicinal product concerned. It should be based on an up-to-date evaluation of all relevant
evidence and reflect that evidence clearly. It must not mislead by distortion, exaggeration,
undue emphasis, omission or in any other way.

Section 3.02. Promotion must be capable of substantiation which must be promptly

provided in response to reasonable requests from healthcare professionals. In particular,
promotional claims about side-effects must reflect available evidence or be capable of
substantiation by clinical experience. Substantiation need not be provided, however, in relation
to the validity of elements approved in the marketing authorization.

Section 3.03. Promotion must encourage the rational use of medicinal products by
presenting them objectively and without exaggerating their properties. Claims must not imply
that a medicinal product, or an active ingredient, has some special merit, quality or property
unless this can be substantiated.

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 Section 3.04. When promotion refers to published studies, clear references should be
given.

Section 3.05. Any comparison made between different medicinal products must be
based on relevant and comparable aspects of the products. Comparative advertising must not
be misleading or disparaging.

Section 3.06. All artwork, including graphs, illustrations, photographs and tables taken
from published studies included in promotional material should: (a) clearly indicate the precise
source(s) of the artwork; (b) be faithfully reproduces, except where adaptation or modification is
required in order to comply with any Applicable Code(s), in which case it must be clearly stated
that the artwork has been adapted and/or modified.

Particular care must be taken to ensure that artwork included in promotion does not mislead
about the nature of a medicine (for example whether it is appropriate for use in children) or
mislead about a claim or comparison (for example by using incomplete or statistically irrelevant
information or unusual scales).

Section 3.07. The word “safe” must never be used to describe a medicinal product
without proper qualification.

Section 3.08. The word “new” must not be used to describe any product or
presentation which has been generally available or any therapeutic indication which has been
generally promoted, for more than one year.

Section 3.09. It must not be stated that a product has no side-effects, toxic hazards or
risks of addiction or dependency.

ARTICLE 4
USE OF QUOTATIONS IN PROMOTION

Section 4.01. Quotations from medical and scientific literature or from personal
communications must be faithfully reproduced (except where adaptation or modification is
required in order to comply with any Applicable Code(s), in which case it must be clearly stated
that the quotation has been adapted and/or modified) and the precise sources identified.

ARTICLE 5
ACCEPTABILITY OF PROMOTION

Section 5.01. Companies must maintain high ethical standards at all times. Promotion
must: (a) never be such as to bring discredit upon, or reduce confidence in, the pharmaceutical
industry; (b) be of a nature which recognises the special nature of medicines and the
professional standing of the recipient(s); and (c) not be likely to cause offence.

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 ARTICLE 6
DISTRIBUTION OF PROMOTION

Section 6.01. Promotion should only be directed at those whose need for, or interest in,
the particular information can reasonably be assumed.

Section 6.02. Mailing lists must be kept up-to-date. Requests by healthcare

professionals to be removed from promotional mailing lists must be complied with.

Section 6.03. Subject to applicable national laws and regulations, the use of faxes, e-
mails, automated calling systems, text messages and other electronic data communications for
promotion is prohibited except with the prior permission, or upon the request, of the recipient.

ARTICLE 7
TRANSPARENCY OF PROMOTION

Section 7.01. Promotion must not be disguised.

Section 7.02. Clinical assessments, post-marketing surveillance and experience

programmes and post-authorization studies (including those that are retrospective in nature)
must not be disguised promotion. Such assessments, programmes and studies must be
conducted with a primarily scientific or educational purpose.

Section 7.03. Where a company pays for or otherwise secures or arranges the
publication of promotional material in journals, such promotional material must not resemble
independent editorial matter.

Section 7.04. Material relating to medicines and their uses, whether promotional in
nature or not, which is sponsored by a company must clearly indicate that it has been
sponsored by that company.

ARTICLE 8
NO ADVICE ON PERSONAL MEDICAL MATTERS

Section 8.01. In the case of requests from individual members of the general public for
advice on personal medical matters, the enquirer should be advised to consult a healthcare
professional.

ARTICLE 9
INFORMATIONAL OR EDUCATIONAL MATERIALS AND ITEMS OF MEDICAL UTILITY

Section 9.01. The transmission of informational or educational materials is permitted

provided it is: (i) “inexpensive”; (ii) directly relevant to the practice of medicine or pharmacy; and
(iii) directly beneficial to the care of patients. The transmission of such materials or items shall

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not constitute an inducement to recommend, prescribe, purchase, supply, sell or administer a
Medicinal Product.

Section 9.02 Items of medical utility aimed directly at the education of healthcare
professionals and patient care can be provided if they are “inexpensive” and do not offset
routine business practices of the recipient.

Section 9.03 The scope of Informational or educational materials and items of medical
utility considered may not constitute a circumvention of the prohibition on gifts defined under
Article 17 of this Code.

Section 9.04 EFPIA and Member Associations shall provide guidance on the meaning
of the term “inexpensive”, as used in this Article 9. Companies must comply with any relevant
guidance provided under this Section 9.03 or in connection with any Applicable Code(s).

ARTICLE 10
EVENTS AND HOSPITALITY

Section 10.01. All promotional, scientific or professional meetings, congresses,

conferences, symposia, and other similar events (including, but not limited to, advisory board
meetings, visits to research or manufacturing facilities, and planning, training or investigator
meetings for clinical trials and non-interventional studies) (each, an “event”) organised or
sponsored by or on behalf of a company must be held in an “appropriate” venue that is
conducive to the main purpose of the event and may only offer hospitality when such hospitality
is appropriate and otherwise complies with the provisions of any Applicable Code(s).

Section 10.02. No company may organise or sponsor an event that takes place outside
its home country unless:
a. most of the invitees are from outside of its home country and, given the countries of origin
of most of the invitees, it makes greater logistical sense to hold the event in another
country; or
b. given the location of the relevant resource or expertise that is the object or subject matter
of the event, it makes greater logistical sense to hold the event in another country (an
“international event”).

Section 10.03. Promotional information which appears on exhibition stands or is

distributed to participants at international events may, unless prohibited or otherwise regulated
by local laws and regulations, refer to medicinal products (or uses) which are not registered in
the country where the event takes place, or which are registered under different conditions, so
long as: (i) any such promotional material (excluding promotional aids) is accompanied by a
suitable statement indicating countries in which the product is registered and makes clear that
the product or use is not registered locally, and (ii) any such promotional material which refers
to the prescribing information (indications, warnings etc.) authorized in a country or countries
where the medicinal product is registered should be accompanied by an explanatory statement
indicating that registration conditions differ internationally.

Section 10.04. Hospitality extended in connection with events shall be limited to travel,
meals, accommodation and genuine registration fees.

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 Section 10.05. Member Companies shall not provide or offer any meal (food and
beverages) to healthcare professionals, unless, in each case, the value of such meal (food and
beverages) does not exceed the monetary threshold set by the relevant Member Association in
its national code. Each Member Association shall set such monetary threshold in its national
code by 31 December 2013, failing which EFPIA will set such threshold in lieu of such Member
Association. The monetary threshold set in the country where the event takes place (i.e. the
“host country”) shall prevail, as an exception to the provision of Article 13.01 and deviating from
the general principle where the strictest prevails (as set out in the Applicable Codes section.

Section 10.06. Hospitality may only be extended to persons who qualify as participants in
their own right.

Section 10.07. All forms of hospitality offered to healthcare professionals shall be

“reasonable” in level and strictly limited to the main purpose of the event. As a general rule, the
hospitality provided must not exceed what healthcare professional recipients would normally be
prepared to pay for themselves.

Section 10.08. Hospitality shall not include sponsoring or organising entertainment (e.g.,
sporting or leisure) events. Companies should avoid using venues that are “renowned” for their
entertainment facilities or are “extravagant”.

Section 10.09. Member associations shall provide guidance on the meaning of the term
“reasonable”, as used in this Article 10. Member associations shall also provide guidance on
“appropriate”, “renowned” and “extravagant” venues, as used in Section 10.01 and Section
10.08. Companies must comply with any relevant guidance provided under this Section 10.09
in connection with any Applicable Code(s).

ARTICLE 11
DONATIONS AND GRANTS THAT SUPPORT HEALTHCARE OR RESEARCH

Section 11.01. Donations and grants (in cash or in kind or otherwise) to institutions,
organisations or associations that are comprised of healthcare professionals and/or that provide
healthcare or conduct research (that are not otherwise covered by the EFPIA HCP Code or the
EFPIA PO Code are only allowed if: (i) they are made for the purpose of supporting healthcare
or research; (ii) they are documented and kept on record by the donor/grantor; and (iii) they do
not constitute an inducement to recommend, prescribe, purchase, supply, sell or administer
specific medicinal products. Donations and grants to individual healthcare professionals are not
permitted under this section. Company sponsorship of healthcare professionals to attend
international events is covered by Article 13. Companies are encouraged to make available
publicly information about donations and grants (in cash or in kind or otherwise) made by them
covered in this Section 11.01.

ARTICLE 12
FEES FOR SERVICE

Section 12.01. Contracts between companies and institutions, organisations or

associations of healthcare professionals under which such institutions, organisations or

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associations provide any type of services to companies (or any other type of funding not
covered under Article 11 or not otherwise covered by the EFPIA HCP Code) are only allowed if
such services (or other funding): (i) are provided for the purpose of supporting healthcare or
research; and (ii) do not constitute an inducement to recommend, prescribe, purchase, supply,
sell or administer specific medicinal products.

ARTICLE 13
SPONSORSHIP OF HEALTHCARE PROFESSIONALS

Section 13.01. Companies must comply with criteria governing the selection and
sponsorship of healthcare professionals to attend training or events as provided in, or in
connection with, any Applicable Code(s). Funding must not be offered to compensate merely
for the time spent by healthcare professionals in attending events. In the case of international
events for which a company sponsors the attendance of a healthcare professional, if any
funding is provided to such healthcare professional in accordance with the provisions of this
Section 13.01, such funding is subject to the rules of the jurisdiction where such healthcare
professional carries out his/her profession, as opposed to those in which the international event
takes place. For the avoidance of doubt, this Section 13.01 is not intended to prohibit the
extension of hospitality to healthcare professionals in accordance with Article 10 hereof.

ARTICLE 14
THE USE OF CONSULTANTS

Section 14.01. It is permitted to use healthcare professionals as consultants and

advisors, whether in groups or individually, for services such as speaking at and chairing
meetings, involvement in medical/scientific studies, clinical trials or training services,
participation at advisory board meetings, and participation in market research where such
participation involves remuneration and/or travel. The arrangements that cover these genuine
consultancy or other services must, to the extent relevant to the particular arrangement, fulfil all
the following criteria:
a. a written contract or agreement is agreed in advance of the commencement of the
services which specifies the nature of the services to be provided and, subject to clause
(g) below, the basis for payment of those services;
b. a legitimate need for the services has been clearly identified in advance of requesting the
services and entering into arrangements with the prospective consultants;
c. the criteria for selecting consultants are directly related to the identified need and the
persons responsible for selecting the consultants have the expertise necessary to
evaluate whether the particular healthcare professionals meet those criteria;
d. the number of healthcare professionals retained is not greater than the number
reasonably necessary to achieve the identified need;
e. the contracting company maintains records concerning, and makes appropriate use of,
the services provided by consultants;
f. the hiring of the healthcare professional to provide the relevant service is not an
inducement to recommend, prescribe, purchase, supply, sell or administer a particular
medicinal product; and
g. the compensation for the services is reasonable and reflects the fair market value of the
services provided. In this regard, token consultancy arrangements should not be used to
justify compensating healthcare professionals.

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 Section 14.02. In their written contracts with consultants, companies are strongly
encouraged to include provisions regarding the obligation of the consultant to declare that
he/she is a consultant to the company whenever he/she writes or speaks in public about a
matter that is the subject of the agreement or any other issue relating to that company. Similarly,
companies that employ, on a part-time basis, healthcare professionals that are still practising
their profession are strongly encouraged to ensure that such persons have an obligation to
declare his/her employment arrangement with the company whenever he/she writes or speaks
in public about a matter that is the subject of the employment or any other issue relating to that
company. The provisions of this Section 14.02 apply even though the EFPIA HCP Code does
not otherwise cover non-promotional, general information about companies (as discussed in the
2
“Scope of the EFPIA HCP Code” section).

Section 14.03. Limited market research, such as one-off phone interviews or mail/e-
mail/internet questionnaires are excluded from the scope of this Article 14, provided that the
healthcare professional is not consulted in a recurring manner (either with respect to the
frequency of calls generally or of calls relating to the same research) and that the remuneration
is minimal. Member associations shall provide guidance on the meaning of “minimal” in
connection with any Applicable Code(s).

Section 14.04. If a healthcare professional attends an event (an international event or

otherwise) in a consultant or advisory capacity the relevant provisions of Article 10 shall apply.

ARTICLE 15
NON-INTERVENTIONAL STUDIES OF MARKETED MEDICINES

Section 15.01. A non-interventional study of a marketed medicine is defined as a study

where the medicinal product(s) is (are) prescribed in the usual manner in accordance with the
terms of the marketing authorisation. The assignment of the patient to a particular therapeutic
strategy is not decided in advance by a trial protocol but falls within current practice and the
prescription of the medicine is clearly separated from the decision to include the patient in the
study. No additional diagnostic or monitoring procedures shall be applied to the patients and
epidemiological methods shall be used for the analysis of collected data.

Section 15.02. Non-interventional studies that are prospective in nature and that involve
the collection of patient data from or on behalf of individual, or groups of, healthcare
professionals specifically for the study must comply with all of the following criteria:
a. The study is conducted with a scientific purpose;
b. (i) There is a written study plan (protocol) and (ii) there are written contracts between
healthcare professionals and/or the institutes at which the study will take place, on the
one hand, and the company sponsoring the study, on the other hand, which specify the
nature of the services to be provided and, subject to clause (c) immediately below, the
basis for payment of those services;

2
Companies are strongly encouraged to include such provisions in any contracts entered into or
renewed on or after the Implementation Date that are covered by this Section 14.02. In addition,
companies are encouraged to renegotiate existing contracts at their earliest convenience to include
such provisions.

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 c. Any remuneration provided is reasonable and reflects the fair market value of the work
performed;
d. In countries where ethics committees are prepared to review such studies, the study
protocol should be submitted to the ethics committee for review;
e. Local laws, rules and regulation on personal data privacy (including the collection and
use of personal data) must be respected;
f. The study must not constitute an inducement to recommend, prescribe, purchase, supply,
sell or administer a particular medicinal product;
g. The study protocol must be approved by the company’s scientific service and the conduct
of the study must be supervised by the company’s scientific service as described in
Section 18.02.a;
h. The study results must be analysed by or on behalf of the contracting company and
summaries thereof must be made available within a reasonable period of time to the
company’s scientific service (as described in Section 18.02.a, which service shall
maintain records of such reports for a reasonable period of time. The company should
send the summary report to all healthcare professionals that participated in the study and
should make the summary report available to industry self-regulatory bodies and/or
committees that are in charge of supervising or enforcing Applicable Codes upon their
request. If the study shows results that are important for the assessment of benefit-risk,
the summary report should be immediately forwarded to the relevant competent
3
authority; and
i. Medical Sales Representatives may only be involved in an administrative capacity and
such involvement must be under the supervision of the company’s scientific service that
will also ensure that the representatives are adequately trained. Such involvement must
not be linked to the promotion of any medicinal product.

Section 15.03. To the extent applicable, companies are encouraged to comply with
Section 15.02 for all other types of studies covered by Section 15.01, including epidemiological
studies and registries and other studies that are retrospective in nature. In any case, such
studies are subject to Section 12.01.

ARTICLE 16
MEDICAL SAMPLES

Section 16.01. In accordance with the EU Directive 2001/83/CE, in principle, no

medical samples should be given, except on an exceptional basis.

Medical samples must not be given as an inducement to recommend, prescribe,

purchase, supply, sell or administer specific medicinal products, and should not be given for the
sole purpose of treating patients.

3
Companies must begin to comply with these obligations in connection with any non-interventional
studies that are completed after 1 July 2008, though companies are encouraged to do so prior to 1
July 2008. In addition, companies are encouraged to publicly disclose the summary details and
results of non-interventional studies in a manner that is consistent with the parallel obligations with
respect to clinical trials.

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 Medical samples are provided to health professionals so that they may familiarise
themselves with the medicines and acquire experience in dealing with them.

In accordance with national and/or EU laws and regulations, a limited number of medical
samples may be supplied on an exceptional basis and for a limited period. A reasonable
interpretation of this provision is that each health professional should receive, per year, not
more than 4 medical samples of a particular medicine he/she is qualified to prescribe for 2
years after he/she first requested samples of each particular medicine.

In this context, a new medicine is a product for which a new marketing authorisation (MA)
has been granted, either following an initial MA application or following an extension application
for new strengths/dosage forms that include a new indication. Extensions of the MA to
additional strengths/dosage forms for existing indications or pack sizes (number of units in the
pack) cannot be considered as new medicines.

Without prejudice to the ban on medical sampling of medicines containing psychotropic

and narcotic substances, medical samples can only be given in response to a written request
from health professionals qualified to prescribe that particular medicine. Written requests must
be signed and dated by the recipient.

On an exceptional basis, member associations may allow, through additional guidance, a

longer period than 2 years if required by local healthcare conditions.

Section 16.02. Companies must have adequate systems of control and accountability
for samples which they distribute and for all medicines handled by its representatives. This
system shall also clearly establish, for each health professional, the number of samples
supplied in application of the provisions in Section 16.01 (i.e. the “4x2” standard).

Section 16.03. Each sample shall be no larger than the smallest presentation of that
particular medicine in the relevant country.

Each sample must be marked “free medical sample – not for sale” or words to that effect
and must be accompanied by a copy of the summary of product characteristics.

ARTICLE 17
PROHIBITION OF GIFTS

Section 17.01. No gift or pecuniary advantage (in cash or benefit in kind) may be supplied,
offered or promised to a healthcare professional.

ARTICLE 18
PHARMACEUTICAL COMPANY STAFF

Section 18.01. Each company shall ensure that its sales representatives, including
personnel retained by way of contract with third parties, and any other company representatives
who call on healthcare professionals, pharmacies, hospitals or other healthcare facilities in
connection with the promotion of medicinal products (each, a “Medical Sales Representative”)
are familiar with the relevant requirements of the Applicable Code(s), and all applicable laws

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and regulations, and are adequately trained and have sufficient scientific knowledge to be able
to provide precise and complete information about the medicinal products they promote.

a. Medical Sales Representatives must comply with all relevant requirements of the
Applicable Code(s), and all applicable laws and regulations, and companies are
responsible for ensuring their compliance.
b. Medical Sales Representatives must approach their duties responsibly and ethically.
c. During each visit, and subject to applicable laws and regulations, Medical Sales
Representatives must give the persons visited, or have available for them, a summary of
the product characteristics for each medicinal product they present.
d. Medical Sales Representatives must transmit to the scientific service of their companies
forthwith any information they receive in relation to the use of their company’s medicinal
products, particularly reports of side effects.
e. Medical Sales Representatives must ensure that the frequency, timing and duration of
visits to healthcare professionals, pharmacies, hospitals or other healthcare facilities,
together with the manner in which they are made, do not cause inconvenience.
f. Medical Sales Representatives must not use any inducement or subterfuge to gain an
interview. In an interview, or when seeking an appointment for an interview, Medical
Sales Representatives must, from the outset, take reasonable steps to ensure that they
do not mislead as to their identity or that of the company they represent.
g. The provisions of Section 15.02.i are also applicable to the activities of Medical Sales
Representatives.

Section 18.02. All company staff, and any personnel retained by way of contract with
third parties, who are concerned with the preparation or approval of promotional material or
activities must be fully conversant with the requirements of the Applicable Code(s) and relevant
laws and regulations.

a. Every company must establish a scientific service in charge of information about its
medicinal products and the approval and supervision of non-interventional studies.
Companies are free to decide how best to establish such service(s) in accordance with
this Section 18.02 (i.e., whether there is one service in charge of both duties or separate
services with clearly delineated duties), taking into account their own resources and
organisation. The scientific service must include a medical doctor or, where appropriate,
a pharmacist who will be responsible for approving any promotional material before
release. Such person must certify that he or she has examined the final form of the
promotional material and that in his or her belief it is in accordance with the requirements
of the Applicable Code(s) and any applicable advertising laws and regulations, is
consistent with the summary of product characteristics and is a fair and truthful
presentation of the facts about the medicine. In addition, the scientific service must
include a medical doctor or, where appropriate, a pharmacist, who will be responsible for
the oversight of any non-interventional study (including the review of any responsibilities
relating to such studies, particularly with respect to any responsibilities assumed by
Medical Sales Representatives). Such person must certify that he or she has examined
the protocol relating to the non-interventional study and that in his or her belief it is in
accordance with the requirements of the Applicable Code(s).
b. Each company must appoint at least one senior employee who shall be responsible for
supervising the company and its subsidiaries to ensure that the standards of the
Applicable Code(s) are met.

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 ARTICLE 19
ENFORCEMENT

Section 19.01. Member associations must, within current applicable rules and legislation
enforce the provisions of the EFPIA HCP Code. In the event that a breach is established
pursuant to the procedures of its national code, each member association shall require from the
offending company an immediate cessation of the offending activity and a signed undertaking
by the company to prevent recurrence.

Section 19.02. Each member association shall also include in its national code
provisions governing the imposition of sanctions for breaches of its national code. Sanctions
should be proportionate to the nature of the infringement, have a deterrent effect and take
account of repeated offences of a similar nature or patterns of different offences. A combination
of publication and fines is generally considered to be the most effective sanction; however, each
member association may use any other effective sanction to enforce its national code. Each
member association should consider any applicable legal, regulatory or fiscal requirements
which would affect the nature of sanctions which may be imposed. Where publication or fines
are not permitted due to applicable legal, regulatory or fiscal requirements, member
associations should impose the best alternative effective sanction.

ARTICLE 20
AWARENESS AND EDUCATION

Section 20.01. Member associations must, within current applicable rules and legislation
facilitate companies’ awareness of and education about the EFPIA HCP Code, including by
providing guidance to companies in order to prevent breaches of the EFPIA HCP Code. EFPIA
member associations are encouraged to share their respective interpretations of the EFPIA
HCP Code through the regular meetings organised by EFPIA (see Annex A, Section 2 to this
Code) and through the IFPMA Code Compliance Network (CCN).

___________________

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 ANNEX A (binding)

IMPLEMENTATION AND PROCEDURE RULES

The Implementation and Procedure Rules set forth herein establish the framework for the
implementation of the European Federation of Pharmaceutical Industries and Associations
(“EFPIA”) Code on the Promotion of Prescription-Only Medicines to, and Interactions with,
Healthcare Professionals (the “EFPIA HCP Code”), the processing of complaints and the
initiation or administration of sanctions by member associations.

SECTION 1. Member Association Implementation

Each member association is required to:

a. establish national procedures and structures to receive and process complaints, to

determine sanctions and to publish appropriate details regarding the same including, at a
minimum, a national body of the member association that is designated to handle
complaints and consists of a non-industry chairman and, besides any industry members,
membership from other stakeholders;
b. ensure that its national code, together with its administrative procedures and other
relevant information, are easily accessible through, at a minimum, publication of its
national code on its website; and
c. prepare, and provide to the EFPIA Codes Committee (defined below), an annual report
summarizing the work undertaken by it in connection with the implementation,
development and enforcement of its national code during the year.

SECTION 2. EFPIA Codes Committee Implementation and Key Tasks

The EFPIA Codes Committee shall assist member associations to comply with their obligations
under Section 1 above.

a. The EFPIA Codes Committee will be composed of all the national code secretaries, who
will elect a chair among their peers, assisted by one person from the EFPIA staff.
b. As a key part of its role of assisting member associations in their national code
compliance activities, the EFPIA Codes Committee shall monitor the adoption of
compliant national codes. The EFPIA Codes Committee will not participate in the
adjudication of any individual complaint under any national code.
c. In order to promote the EFPIA Codes and to share best practice, the EFPIA Codes
Committee will, at least annually, invite member associations and company
representatives to participate in a meeting at which the participants will be encouraged to
share their respective relevant experiences relating to the EFPIA HCP Code. Any
conclusions from the meeting shall be summarised in the annual code report (referred to
under (e) of this Section 2 below) and, if appropriate, be presented to the EFPIA Board.
d. The EFPIA Codes Committee shall publish an annual code report which summarizes the
work and operations which have taken place in connection with the implementation,
development and enforcement of the various national codes during the applicable year,
based on the country reports provided by the member associations pursuant to Section
1(c) above.
e. On an annual basis, the EFPIA Codes Committee shall: (i) advise the EFPIA Board of its
work and operations and the work and operations of the member associations, as
summarized in the member association annual reports; and (ii) review with the EFPIA
Board any additional recommendations to improve the EFPIA HCP Code with a view
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 towards increasing transparency and openness within the pharmaceutical industry and
among member associations and companies.

SECTION 3. Reception of Complaints

Complaints may be lodged either with a member association or with EFPIA. Adjudication of
complaints shall be a matter solely for the national associations.

Complaints received by EFPIA shall be processed as follows:

i. EFPIA will forward any complaints it receives (without considering their admissibility or
commenting upon them) to the relevant member association(s).
ii. EFPIA will send an acknowledgement of receipt to the complainant, indicating the
relevant national association(s) to which the complaint has been sent for processing and
decision.
iii. In addition, upon receipt by EFPIA of multiple external complaints (i.e. several complaints
on the same or similar subjects lodged from outside the industry against several
subsidiaries of a single company), EFPIA will communicate these complaints to the
national association either of the parent company or of the EU subsidiary designated by
the parent company.

SECTION 4. Processing of Complaints and Sanctions by Member Associations

a. Member associations shall ensure that industry and non-industry complaints are
processed in the same manner, without regard to who has made the complaint.
b. Complaints will be processed at the national level through the procedures and structures
established by the member associations pursuant to Section 1.a above. Each member
association’s national body shall take decisions and pronounce any sanctions on the
basis of the national code in force in its country.
c. Where a complaint fails to establish a prima facie case for a violation of an Applicable
Code, such complaint shall be dismissed with respect to that national code. Member
associations may also provide that any complaint which pursues an entirely or
predominantly commercial interest shall be dismissed.
d. Each member association should establish effective procedures for appeals against the
initial decisions made by its national body. Such procedures and appeals should also
take place at the national level.
e. National committees shall ensure that any final decision taken in an individual case shall
be published in its entirety or, where only selected details are published, in a level of
detail that is linked to the seriousness and/or persistence of the breach as follows:
(i) in cases of a serious/repeated breach, the company name(s) should be
published together with details of the case;
(ii) in cases of a minor breach, or where there is no breach, publication of the details
of the case may exclude the company name(s).
f. Member Associations or national committees are encouraged to publish summaries in
English of cases that have precedential value and are of international interest (keeping in
mind that cases resulting in the finding of a breach as well as those where no breach is
found to have occurred may each have such value and/or interest).

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 ANNEX B (guidelines)

GUIDELINES FOR INTERNET WEBSITES

AVAILABLE TO HEALTHCARE PROFESSIONALS, PATIENTS AND
THE PUBLIC IN EUROPE

The Guidelines for Internet Websites Available to Healthcare Professionals, Patients and the
Public in Europe set forth herein are intended as a supplement to the provisions of the
European Federation of Pharmaceutical Industries and Associations Code on the Promotion of
Prescription-Only Medicines to, and Interactions with, Healthcare Professionals (the “EFPIA
HCP Code”). Member associations and companies may find it necessary to adapt these
guidelines to meet their particular requirements or needs and are encouraged to adopt
additional measures which extend further than the provisions included in these guidelines.

SECTION 1. Transparency Of Website Origin, Content And Purpose

Each website shall clearly identify:

a. the identity and physical and electronic addresses of the sponsor(s) of the website;
b. the source(s) of all information included on the website, the date of publication of the
source(s) and the identity and credentials (including the date credentials were received)
of all individual/institutional providers of information included on the website;
c. the procedure followed in selecting the content included on the website;
d. the target audience of the website (e.g., healthcare professionals, patients and the
general public, or a combination thereof); and
e. the purpose or objective of the website.

SECTION 2. Content Of Websites

Information included in the website shall be regularly updated and shall clearly display, for each
page and/or item, as applicable, the most recent date as of which such information was up-
dated.

Examples of the information that may be included in a single website or in multiple websites are:
(i) general information on the company; (ii) health education information; (iii) information
intended for healthcare professionals (as defined in the EFPIA HCP Code), including any
promotion; and (iv) non-promotional information intended for patients and the general public
about specific medicinal products marketed by the company; (v) disclosure of transfers of value
to healthcare professionals (HCP) and healthcare organisations (HCO):

(i) General information on the company. Websites may contain information that would be of
interest to investors, the news media and the general public, including financial data,
descriptions of research and development programmes, discussion of regulatory
developments affecting the company and its products, information for prospective
employees, etc. The content of this information is not regulated by these guidelines or
provisions of medicines advertising law.

(ii) Health education information. Websites may contain non-promotional health education
information about the characteristics of diseases, methods of prevention and screening
and treatments, as well as other information intended to promote public health. They
may refer to medicinal products, provided that the discussion is balanced and accurate.
Relevant information may be given about alternative treatments, including, where
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 appropriate, surgery, diet, behavioural change and other interventions that do not require
use of medicinal products. Websites containing health education information must
always advise persons to consult a healthcare professional for further information.

(iii) Information for healthcare professionals. Any information on websites directed to

healthcare professionals that constitutes promotion (as defined in the EFPIA HCP Code)
must comply with Applicable Code(s) (as defined in the EFPIA HCP Code) and any other
industry codes of practice governing the content and format of advertisement and
promotion of medicinal products. Such information must be clearly identified as
information for healthcare professionals, but need not be encrypted or otherwise
restricted.

(iv) Non-promotional information for patients and the general public. Subject to any
applicable national laws and regulations, websites may include non-promotional
information for patients and the general public on products distributed by the company
(including information on their indications, side-effects, interactions with other medicines,
proper use, reports of clinical research, etc.), provided that such information is balanced,
accurate and consistent with the approved summary of product characteristics. For each
product that is discussed, the website must contain full, unedited copies of the current
summary of product characteristics and patient leaflet. These documents should be
posted in conjunction with other information about the products or be connected with that
discussion by a prominent link advising the reader to consult them. In addition, the
website may provide a link to the full, unedited copy of any public assessment report
issued by the Committee for Medicinal Products for Human Use or a relevant national
competent authority. Brand names should be accompanied by international non-
proprietary names. The website may include links to other websites containing reliable
information on medicinal products, including websites maintained by government
authorities, medical research bodies, patient organisations, etc. The website must
always advise persons to consult a healthcare professional for further information.

SECTION 3. e-mail Enquiries

A website may invite electronic mail communications from healthcare professionals and patients
or the general public seeking further information regarding the company’s products or other
matters (e.g., feedback regarding the website). The company may reply to such
communications in the same manner as it would reply to enquiries received by post, telephone
or other media. In communications with patients or members of the general public, discussion
of personal medical matters must be avoided. If personal medical information is revealed, it
must be held in confidence. Where appropriate, replies shall recommend that a healthcare
professional be consulted for further information.

SECTION 4. Links From Other Websites

Links may be established to a company-sponsored website from websites sponsored by other

persons, but companies should not establish links from websites designed for the general public
to company-sponsored websites that are designed for healthcare professionals. In the same
manner, links may be established to separate websites, including websites sponsored by the
company or by other persons. Links should ordinarily be made to the home page of a website
or otherwise managed so that the reader is aware of the identity of the website.
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 SECTION 5. Website Addresses in Packaging

Subject to any applicable national laws and regulations, uniform resource locators (URLs) of
company-sponsored websites that comply with these guidelines may be included in packaging
of medicinal products.

SECTION 6. Scientific Review

Companies should ensure that scientific and medical information prepared by them for inclusion
in their websites is reviewed for accuracy and compliance with the Applicable Code(s). The
scientific service established within the company pursuant to those provisions of the Applicable
Code that adopt Section 18.02 of the EFPIA HCP Code may perform this function, or it may be
entrusted to other appropriately qualified persons.

SECTION 7. Privacy

The website must conform to legislation and applicable codes of conduct governing the privacy,
security and confidentiality of personal information.

___________________

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