Title I - PROVISIONS OF THE CODE
CHAPTER V – Rules of application, Monitoring, Breaches and Sanctions
19. RULES OF APPLICATION
19.1. Companies member of FARMAINDUSTRIA or adhered to the Code commit to abide by and respect the principles outlined in this Code.
Companies member of FARMAINDUSTRIA or adhered to the Code who, in addition, belong to other associations whose aims or objectives coincide with any of the aims indicated in the FARMAINDUSTRIA bylaws will be obliged to apply, as a priority, the stipulations of this Code with respect to other self-regulation systems that may be applicable, notwithstanding the stipulations in section 19.4.
In the case of Groups of Companies, companies belonging to these who are member of FARMAINDUSTRIA or adhered to the Code on an individual basis will be responsible for possible breaches of the Code committed by companies or their Group that are not member of FARMAINDUSTRIA and are not adhered to the Code.
In addition, companies member of FARMAINDUSTRIA or adhered to the Code on an individual basis will be liable for possible breaches of the Code committed by third parties acting on their behalf or representation, or under their control, or by virtue of a written agreement (for example, external sales networks, market research companies, travel agencies, advertising agencies, etc.).
Companies adhered to the Code that are not member of FARMAINDUSTRIA must contribute to the operating costs and application of the self-regulation system, through a financial contribution, in at least the same proportion as companies member of FARMAINDUSTRIA.
19.2. In addition, in its role as national association member of EFPIA, FARMAINDUSTRIA submits to the EFPIA Code on the Promotion of Prescription-Only Medicines to, and Interactions with, Healthcare Professionals, the EFPIA Code of Practice on Relationships between the Pharmaceutical Industry and Patient Organizations and the EFPIA Disclosure Code (hereinafter, EFPIA Codes), and especially as they apply to Implementation and Procedural Rules detailed in their Annexes.
19.3. Pursuant to the provisions of the EFPIA Codes, the member companies of said Federation must comply with the applicable codes in the different countries where they operate, and ensure that their respective affiliate companies are compliant.
EFPIA member companies must comply with the codes and the rules that are applicable. In conformity with the stipulations contained in the bylaws of said Federation, the EFPIA member companies must: (i) in the countries where they operate – directly or through an affiliate – in which the EFPIA Codes are applicable, belong to the member association, or (ii) agree in writing for each member association – or their affiliate – to be subject to the code of said association (including the applicable sanctions that may be imposed by them).
19.4. As established in the EFPIA Codes, the codes applicable to promotion and interactions with Healthcare Professionals or Patient Organizations (hereinafter, the "activities") that take place in Europe (meaning, those countries in which the codes of the EFPIA member associations apply) are the following:
a) (i) in the case of an activity conducted, sponsored or organized by a company or under its control, sited in Europe, the code of the national association where the company is sited; (ii) if the activity is performed by a company not sited in Europe, the EFPIA Codes; and
b) the code of the national association of the country in which the activity is conducted.
If there is a conflict between rules of the different applicable codes for a given activity, the most strict or restrictive rule will prevail.
The term "company" used in the EFPIA Codes refers to any legal entity, be it the parent company or headquarters, controlling company, marketing company, subsidiary or any other type of legal status that organizes or sponsors promotional activities in Europe. The term "Europe" refers to those countries in which the codes of EFPIA member associations apply.