Council of Europe Convention on the Counterfeiting of Medical Products

The Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes involving Threats to Public Health, also known as the MEDICRIME Convention, is an international criminal law convention, established by the Council of Europe. It focuses on combating the falsification of medicines and medical devices.

History
The convention was approved by the Committee of Ministers of the Council of Europe in 2010 and made available for signing at a prominent conference held in Moscow on October 28, 2011. The official versions of the convention are in English and French, both of which have equal authenticity. Non-official translations in other languages are also accessible, but should be considered for informational purposes only.

Currently, the MEDICRIME Convention stands as the sole international legal instrument that enables the criminalization of counterfeit medical products.

Despite being developed by a European institution, this convention is open for signing and ratification by countries outside of Europe as well.

Products covered by the convention
The scope of the MEDICRIME Convention encompasses various categories, such as medicines intended for human and veterinary use, as well as the ingredients, components, and materials utilized in the manufacturing of medicines. Additionally, it includes medical devices, accessories, and medicines employed in clinical trials.

Key provisions
The treaty comprises 33 articles that are structured around three main pillars:


 * 1) Criminalizing the falsification of medicines and medical devices.
 * 2) Safeguarding the rights of victims.
 * 3) Promoting cooperation at national and international levels.

It is important to note that the convention focuses on criminal law aspects and does not address unintentional quality defects or violations of intellectual property rights. While the term "counterfeit" may be used to refer to a false representation regarding identity and/or source, the preferred term within the medical context is "falsification," as the primary aim is to protect public health.

Criminalizing the falsification of medicines and medical devices
The convention addresses certain acts that are deemed dangerous to public health and criminalizes them. It is important to note that only intentional acts are considered punishable offenses.

According to Article 5 of the convention, the intentional manufacturing of falsified medical products, active substances, excipients, parts, materials, and accessories is classified as a criminal offense.

Article 6 states that the intentional supply (including brokering, procuring, selling, donating, offering for free, and promoting), possession for the purpose of supply, import, and export of falsified medical products, active substances, excipients, parts, materials, and accessories are criminal offenses.

Article 7 specifies that intentionally producing false documents and tampering with existing ones are criminal offenses.

Article 8 identifies offenses that are considered similar to falsification due to their significant threat to public health. This includes the intentional manufacturing or placing on the market of medicinal products without authorization as well as the inclusion of medical devices that do not comply with conformity requirements.

Protecting victims’ rights
The convention strengthens the rights of victims by guaranteeing their access to pertinent information, supporting their recovery, and facilitating their compensation, among other provisions. It is important to note that victims are not obligated to press charges or provide evidence of harm in order for an investigation to be initiated; the potential risk to public health is considered sufficient.

Encouraging national and international co-operation
Promoting and facilitating cooperation at both national and international levels is a significant aspect of the convention. Given the diverse range of stakeholders involved in addressing the growing occurrence of such crimes, including health authorities, law enforcement agencies, customs services, and the judiciary, it is important to encourage and facilitate synergies and collaboration among them. States that are parties to the convention are urged to establish a mechanism that enables seamless information exchange and cooperation within and across borders.

Parties
As of February 2021, the Convention on the Falsification of Medical Products and Similar Crimes involving Threats to Public Health has been ratified by 18 state parties. These include Albania, Armenia, Belgium, Belarus, Benin, Bosnia and Herzegovina, Burkina Faso, Croatia, France, Guinea, Hungary, Portugal, the Republic of Moldova, the Russian Federation, Spain, Switzerland, Turkey, and Ukraine. Additionally, 15 countries have signed the convention but have not yet ratified it. The Committee of Ministers of the Council of Europe has extended invitations to Congo, Ecuador, and Tunisia to join the MEDICRIME convention.

In July 2017, Burkina Faso became the 10th country to ratify the convention, triggering the establishment of the Committee of the Parties. This committee, named the MEDICRIME Committee, is the convention’s monitoring body and is tasked with facilitating the implementation and follow-up of the convention in the state parties as well as the collection, analysis, and exchange of information, experience, and good practice between states to improve their capacity to prevent and combat the counterfeiting of medical products and similar crimes involving threats to public health. Its first meeting took place in December 2018, and it adopted its rules or procedure in its second meeting on December 12–13, 2020.