Though almost lost the case so far, the Department of Ayush claimed that it was still working intensely to delay and dissuade the European Union Directorate from going ahead with the ban on the sale of Indian ayurvedic and other herbal medicines across Europe from May 1.

The Department, while continuing the talks with EU and writing to them on the quality of Indian medicines, has also sought the assistance of the Commerce Department to press the case of the country. It has taken up the matter with Commerce Ministry to push the issue through World Trade Organisation as it is another kind of trade barrier, sources said.

“After 4 years of debate with the European Commission over the THMPD, the Indian Government has made little headway. They are still going ahead with the full implementation of the directive. This legislation is not of scientific nature, but of trade and political nature. Still we are trying if we can at least extend this transition period,’’ a senior official of the department responded on the issue.

The Traditional Herbal Medicine Product Directive (THMPD) by the EU came into force in 2004, but has given a transition period till April 30, 2011. Under the directive, a company needs to demonstrate the safety and efficacy of the herbal medicine through traditional use within the EU for at least 30 years or 15 years within the EU and 30 years outside the EU.

“The THMPD was intended to provide a simplified registration process for traditional herbal medicines sold ‘Over The Counter’ (OTC), rather than following consultation with a practitioner. Since the Directive came into force in 2004, a not a single herbal medicinal product associated with any of the diverse non-European traditional medicine systems, such as Ayurveda, Traditional Chinese Medicine (TCM) or Tibetan medicine, has been registered under the scheme. When the 7-year transition period ends on 30 April 2011, all unregistered products will become illegal,’’ said the official of the Ayush department.