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4.—(1) The Medicines (Bal Jivan Chamcho Prohibition) (No.2) Order 1977(1) is amended as follows.
(2) In article 2—
(a)for paragraph (4) substitute —
“(4) The prohibition imposed by paragraph (1) above shall not apply where the medicinal product is imported from an EEA State, if the product—
(a)originates in an EEA State, or
(b)originates outside the European Economic Area, but is in free circulation in member States,
and is being, or is to be, exported to a third country or an EEA State other than the United Kingdom.”; and
(b)after paragraph (4), insert —
“(5) For the purposes of paragraph (4)—
“free circulation in member States” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community;
“third country” means any country other than an EEA State.”.
S.I. 1977/670, as amended by S.I. 1997/856.
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