on the European Union treaties and laws
are some of the clauses in European Treaties and other declarations
which the UK Government is a signatory to, but which both European
and UK Civil Servants and their advisory committees chose to ignore.
This is not just about practitioner regulation, but also
the availability to the public of Herbal remedies.
EU is heavily influenced by big business and allowing multi national
pharmaceutical giants to function more profitably via the buzzword
"Harmonisation". That buzzword simply means standardising
everything in every country. Of course certain countries such
as the French ignore many EU directives, because they cherish
provisions among the European Union.
1. The Union shall respect the national
identities of its Member States, whose systems of
government are founded on the principles of democracy.
The Union shall respect fundamental rights, as guaranteed
by the European Convention for the Protection of Human Rights
and Fundamental Freedoms signed in Rome on 4 November 1950
and as they result from the constitutional
traditions common to the Member States, as general
principles of Community law.
the UK, a fundamental freedom has been the ability of anyone
to utilise whatever health care regime they choose.
EU has already caused our MHRA to place severe restrictions
on the availability of so called 'natural medicines' in
the UK. This has resulted in our traditional freedoms to
utilise Herbal medicine being significantly eroded. It also
removes some of our existing constitutional rights without
any debate in our Parliament.
of Rome Rome, 25 March, 1957
"Affirming as the essential objective of their efforts
the constant improvement of the living and working conditions
of their peoples,....."
that can put people out of work, is an infringement of this
fundamental principle. The past and current regulations on
Traditional medicines, pose a major threat to the volume of
work, and sales, of Herbalists and Herbal products suppliers.
that the removal of existing obstacles calls for concerted
action in order to guarantee steady expansion, balanced trade
and fair competition,"
requiring license fees for 'natural medicines' this promotes
unfair trading practises because then only large companies
can afford the licensing procedures.
"3. This Article shall not prevent any Member State from
maintaining or adopting measures providing for specific advantages
in order to make it easier for women to pursue a vocational
activity or to prevent or compensate for disadvantages in
their professional careers."
Herbalists will be unable to obtain their herbs from UK suppliers
because they are not "registered", those Herbalists
will face difficulties obtaining their stocks and could be
forced out of work. A large number of Herbalists are women.
Therefore attempts to suppress the availability of their working
materials are contrary to the treaty of Rome. The later part
of the clause could even allow woman to make claims for compensation
from the UK Government due to imposed restrictions on how
they may work.
"For the purposes set out in Article 2, the activities
of the Community shall include, as provided by this Treaty
and in accordance with the timetable set out therein:
a contribution to the attainment of a high level of health
a contribution to education and training of quality and
to the flowering of the cultures of the Member States;...."
the UK, freedom of health care provision is part of our 'cultural'
identity. Therefore any activity that threatens that is suppressing
not supporting the "flowering of the cultures".
"The objectives of the common agricultural policy shall
thus to ensure a fair standard of living for the agricultural
community, in particular by increasing the individual earnings
of persons engaged in agriculture;....."
many small organic growers supply goods to the herbal suppliers
and essential oils markets, if the medicines control restrictions
damage that market, then the objectives of the above clause
are not met and the opposite will occur.
to ensure that supplies reach consumers at reasonable prices."
natural medicines are forced from the open market and into
the hands of pharmaceutical interests, then prices will inevitably
V. COMMON RULES ON COMPETITION, TAXATION AND
APPROXIMATION OF LAWS
CHAPTER 1. RULES ON COMPETITION
1. Rules Applying to Undertakings
"The following shall be prohibited
as incompatible with the common market; all agreements
between undertakings, decisions by associations of undertakings
and concerted practices which may affect trade between Member
States and which have as their object or effect the prevention
restriction or distortion of competition within the common
market, and in particular those which:..."
directly or indirectly fix purchase or selling prices or
any other trading conditions;"
share markets or sources of supply;"
clause could be construed to cover the situation where one
country institutes and enforces regulations on herbal products
and another country does not. It is a fact that not all countries
in the EU enforce EC regulations over traditional medicines.
For example, a search of the Internet, will find Continental
herb and essential oil suppliers making illegal medicinal
claims yet nothing is done. That is a clear distortion of
inter country competitive trade.
"Any abuse by one or more undertakings of a dominant
position within the common market or in a substantial part
of it shall be prohibited as incompatible with the common
market in so far as it may affect trade between Member States.
Such abuse may, in particular,consist in:
directly or indirectly imposing unfair purchase or selling
prices or unfair trading conditions;
limiting production, markets or technical development to
the prejudice of consumers;
applying dissimilar conditions to equivalent transactions
with other trading parties, thereby placing them at a competitive
b is important because as in article 85.1 above, the proposed
and existing regulations on herbal products effectively limit
production specifically within the UK and not in some other
countries. The proposals on Statutory regulation of practitioners
in the UK also limits consumer choice.
"The Community shall contribute to the flowering of the
cultures of the Member States, while respecting their national
and regional diversity and at the same time bringing the common
cultural heritage to the fore."
all of the restrictions on the herbs which UK traditional
practitioners may use, fly in the face of the above. In addition,
the proposed regulations do nothing but destroy an Ancient
cultural heritage of freedom of choice over health care.
major objective of the treaty is the improvement of agriculture
and the standards of living and health in underdeveloped area
of the community as well as in third world countries. The
plants that are used as herbal medicines and for essential
oil production frequently originate in deprived rural locations
in France, Italy, Spain and Greece. Therefore any laws that
can damage the traditional markets for these products will
be contrary to the stated objects in the Treat Of Rome. In
addition, it will require extra funds from the community to
support the people whose livelihoods these new laws are damaging.