Title II - RULES OF PROCEDURE FOR THE CONTROL BODIES
CHAPTER IV - Procedures
36. QUERIES PROCEDURE
The Code of Practice Supervision Unit and the pharmaceutical companies may pose queries in accordance with article 20 of the Code according the following procedure:
36.1. Submission
Queries raised by the Code of Practice Surveillance Unit will be directly forwarded to the Code of Practice Committee.
Queries submitted by pharmaceutical companies shall be addressed in writing to the Director of the Code of Practice Surveillance Unit, who will maintain a registry of the queries received.
Queries will be vacated in the first scheduled meeting of the Code of Practice Committee, provided they are received at least fifteen working days prior to the meeting, in accordance with the dates that will be announced as they are set. If received within a shorter time period, the query may be transferred for resolution in a later meeting.
The queries must contain, at least, the following data:
a) Name and address of the pharmaceutical company posing the query and, given its binding nature, the personal data of the representative, who must certify the power of attorney.
b) Wording of the query, expressed clearly, simply and specifying, if possible, the applicable provisions of the Code.
No queries will be processed if they deal with a promotional activity that is under consideration by the Control Bodies. The processing of the query will be suspended until the resolution of said issue.
36.2. Reply
Queries raised by the Code of Practice Surveillance Unit will be resolved directly by the Code of Practice Committee.
In case of those submitted by the pharmaceutical companies, once a query is admitted for processing, the Director of the Code of Practice Unit will transfer the query together with a reply proposal to the Secretary of the Code of Practice Committee, who, with his/her considerations, will transfer it to the members of the Code of Practice Committee so that they can vacate it at the corresponding meeting. The result of the query will be sent to the pharmaceutical company that requested it.
Queries that have not been published in accordance with the provisions of article 20.4 of the Code will not have any effect toward third parties.
In addition, queries resolved after filing of a complaint cannot be added to the complaint, except under duly justified circumstances and if the Code of Practice Committee, in coordination with the Secretary, deem its contribution.