Answer given by Ms Bieńkowska on behalf of the Commission

The Commission is aware of the legislation mentioned by the Honourable Member and has been in dialogue with the Polish authorities on this issue. As mentioned in the replies to written questions E-007113/2016 and P-002868/2016, the Commission also follows developments in other Member States and has engaged in relevant dialogues. Given the confidential nature of such dialogues, the Commission cannot comment on the cases under assessment.

As stated in the replies to written questions P-002868/2016 and P-008962/2016, Member States are entitled to take restrictive measures to address these shortages, provided that the measures are necessary for the protection of health and life of humans. Such restrictions must be appropriate for securing the attainment of the objective pursued and must not go beyond what is necessary in order to attain it. A proportionality assessment is always undertaken in respect of the situation in a particular Member State and in the light of the justification provided.