Title II - RULES OF PROCEDURE FOR THE CONTROL BODIES
CHAPTER I – The Code of Practice Committee of the Pharmaceutical Industry in Spain
25. STRUCTURE AND FUNCTIONS
25.1 Structure
The Code of Practice Committee will be designated by the FARMAINDUSTRIA Executive Body at the recommendation of the Governing Council. The duration of the position will be three renewable years from the date of appointment. Members who cease their functions prior to the expiration date of their post will be substituted for the time remaining to complete their mandate.
The Code of Practice Committee shall be comprised by:
a) A minimum of three members, all of whom will be technical-professional individuals of recognised prestige.
b) A Secretary designated among the persons assigned to the FARMAINDUSTRIA Legal Department who will assist the members and be entitled to express his/her opinions but not to vote.
25.2. Operation
The Code of Practice Committee will have a quorum in the presence of at least three members and the Secretary. As an exception, in the event of circumstances or reasons that would justify it, FARMAINDUSTRIA Executive Board may permit the Committee to operate with less than three members.
Decisions will be taken by majority agreement of the members.
The Committee may request the opinion and assistance of experts in any field. The experts that are consulted and who perform advisory tasks may be invited to attend the Code of Practice Committee meeting, but they will not have the right to vote.
The administrative organisation will correspond to the Secretary, which will be located in FARMAINDUSTRIA under the responsibility of the Secretary. Relations with EFPIA provided for in the Rules of the Federation for application of the Code will correspond to the Secretary.
The actions of this Code of Practice Committee will be submitted in periodic reports and, in all cases, an annual report to the General Management who, based on his/her considerations, will transfer the report to the Governing Council and the Executive Board.
The Code of Practice Committee undertakes to maintain the confidentiality of its actions, avoiding the disclosure of any information on the complaint procedure and its resolution.
25.3. Functions
The Code of Practice Committee will have the following functions:
a) To monitor the application of the Code.
b) To provide advice, guidance and training in relation to the Code.
c) To process complaints received due to breaches of the Code.
d) To mediate between the parties involved in a complaint by seeking conciliation of the disputes concerning matters subject to the Code.
e) To transfer to the Jury all complaints received from the Secretary, except when prior conciliation has been achieved.
f) To monitor the efficacy and prompt execution of the resolutions issued by the Jury.
g) To issue rulings of a technical or ethical nature on the diverse questions that may be solicited by FARMAINDUSTRIA within the scope of their actions and to resolve queries presented by the pharmaceutical companies to the Code of Practice Surveillance Unit.
h) To issue circulars, through the Secretary, directed at pharmaceutical companies informing about matters that, in accordance with the Code, correspond to the Code of Practice Committee.
i) Any other applicable functions by virtue of the Code.