2019 No. 775
The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019
Made
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraphs 1(1) and 7(2) of Schedule 4 and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.
The Treasury has consented to the making of these Regulations as required by paragraphs 3(1) and 10 of Schedule 4 to the European Union (Withdrawal) Act 2018.
In accordance with paragraphs 1(1) and 12(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.
PART 1General
Citation and commencementI191
These Regulations may be cited as the Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.
Amendment of the Human Medicines Regulations 2012I362
The Human Medicines Regulations 2012 M2 are amended in accordance with Parts 2 to 19.
Amendment of the Medicines (Products for Human Use) (Fees) Regulations 2016I23
Schedule 1 amends the Medicines (Products for Human Use) (Fees) Regulations 2016 M3 and makes saving provision.
PART 2Amendment of Part 1 (General)
Definitions in relation to advanced therapy medicinal productsI804
After regulation 2, insert—
Definition of advanced therapy medicinal product etc.2A
1
In these Regulations, F386in their application to products for sale or supply in Great Britain only, “advanced therapy medicinal product” means any of the following products—
a
a gene therapy medicinal product;
b
a somatic cell therapy medicinal product; or
c
a tissue engineered product.
2
A “gene therapy medicinal product” is a biological medicinal product which has the following characteristics—
a
it contains an active substance which contains or consists of a recombinant nucleic acid used in or administered to human beings with a view to regulating, repairing, replacing, adding or deleting a genetic sequence; and
b
its therapeutic, prophylactic or diagnostic effect relates directly to the recombinant nucleic acid sequence it contains, or to the product of genetic expression of this sequence.
3
A vaccine against infectious diseases is not to be treated as a gene therapy medicinal product.
4
A “somatic cell medicinal product” is a medicinal product which has the following characteristics—
a
it contains or consists of cells or tissues that—
i
have been subject to substantial manipulation so that biological characteristics, physiological functions or structural properties relevant for the intended clinical use have been altered, or
ii
are not intended to be used for the same essential function in the recipient as in the donor; and
b
it is presented as having properties for, or is used in or administered to human beings with a view to, treating, preventing or diagnosing a disease through the pharmacological, immunological or metabolic action of its cells or tissues.
5
A “tissue engineered product” is a medicinal product which—
a
contains or consists of engineered cells or tissues; and
b
is presented as having properties for, or is used in or administered to human beings with a view to, regenerating, repairing or replacing a human tissue.
6
A tissue engineered product may contain—
a
cells or tissues of human or animal origin;
b
viable or non-viable cells or tissues; and
c
additional substances, including cellular products, bio-molecules, biomaterials, chemical substances, scaffolds or matrices.
7
A product is not a tissue engineered product if it—
a
contains or consists exclusively of non-viable human or animal cells or tissues;
b
does not contain any viable cells or tissues; and
c
does not act principally by pharmacological, immunological or metabolic action.
8
Cells or tissues are engineered if they—
a
have been subject to substantial manipulation, so that biological characteristics, physiological functions or structural properties relevant for the intended regeneration, repair or replacement are achieved; or
b
are not intended to be used for the same essential function in the recipient as in the donor.
9
The following manipulations are not substantial manipulations for the purposes of paragraphs (4)(a) and (8)(a)—
a
cutting;
b
grinding;
c
shaping;
d
centrifugation;
e
soaking in antibiotic or antimicrobial solutions;
f
sterilisation;
g
irradiation;
h
cell separation, concentration or purification;
i
filtering;
j
lyophilisation;
k
freezing;
l
cryopreservation; and
m
vitrification.
10
In these Regulations, F386in their application to products for sale or supply in Great Britain only, “combined advanced therapy medicinal product” means an advanced therapy medicinal product—
a
which incorporates, as an integral part of the product, one or more medical devices or one or more active implantable medical devices; and
b
the cellular part of which—
i
contains viable cells or tissues; or
ii
contains non-viable cells or tissues which are liable to act upon the human body with action that can be considered as primary to that of the medical devices.
11
Where an advanced therapy medicinal product contains viable cells or tissues, the pharmacological, immunological or metabolic action of those cells or tissues is to be treated as the principal mode of action of the product.
12
An advanced therapy medicinal product containing both autologous and allogeneic cells or tissues is to be treated as being for allogeneic use.
13
A product which falls within the definition of a tissue engineered product and within the definition of a somatic cell therapy medicinal product is to be treated as a tissue engineered product.
14
A product which falls within the definition of—
a
a somatic cell therapy medicinal product or a tissue engineered product; and
b
a gene therapy medicinal product,
is to be treated as a gene therapy medicinal product.
Amendment of regulation 3 (scope of Regulations: special provisions)I1875
1
Regulation 3 is amended as follows.
2
In paragraph (12)(d)—
a
in paragraph (i) insert “
UK
”
before “marketing authorisation”;
F301b
after paragraph (i) insert—
ia
the EU marketing authorisation,
3
In paragraph (15)—
a
in sub-paragraph (a) insert “
UK
”
before “marketing authorisation”; and
F328b
after paragraph (i) insert—
aa
an EU marketing authorisation;
Amendment of regulation 4 (special provision for pharmacies etc)I243F5136
In regulation 4—
a
in paragraph (4)(d)—
i
in paragraph (i) insert “UK” before “marketing authorisation”;
ii
after paragraph (i) insert—
ia
the EU marketing authorisation,
b
in paragraph (6) for “269 (offences relating to packaging and package leaflets: other persons)” substitute “269 (offences relating to packaging and package leaflets in Great Britain: other persons), 269A (offences relating to packaging and package leaflets in Northern Ireland: other persons)”.
Amendment of regulation 5 (classification of medicinal products)I1907
1
Regulation 5 is amended as follows.
F772
In paragraph (1)(b), before “a product that” insert “in the case of a medicinal product for sale or supply in Northern Ireland,”.
3
In paragraph (2)—
F40a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F177b
in sub-paragraph (d), before “an Article 126a” insert “in the case of a medicinal product for sale or supply in Northern Ireland,”.
4
In paragraph (3)—
F10a
in sub-paragraph (b), before “a medicinal product” insert “in the case of a medicinal product for sale or supply in Northern Ireland, ”;
F509b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
In paragraph (4), F392in sub-paragraph (b), before “an Article” insert “in the case of a medicinal product for sale or supply in Northern Ireland,”.
Amendment of Schedule 1 (further provisions for classification of medicinal products)F5388
In Schedule 1—
a
in paragraph 1—
i
in sub-paragraph (b), insert “UK” before “marketing authorisation”;
ii
in sub-paragraphs (e)(i), (f)(i) and (g)(i), for “marketing authorisation” substitute “UK marketing authorisation, EU marketing authorisation, Article 126a authorisation or parallel import licence”; and
b
in paragraph 4, for “marketing authorisation” substitute “UK marketing authorisation, EU marketing authorisation, Article 126a authorisation, parallel import licence”.
Amendment of regulation 6 (the licensing authority and the Ministers)F4379
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 8 (general interpretation)I17310
1
Regulation 8 M4 is amended as follows.
2
In paragraph (1), at the appropriate places, insert—
“agreed paediatric investigation plan” means a paediatric investigation plan which the licensing authority has agreed in accordance with regulation 50B;
“Annex I to the 2001 Directive” means F255, in relation to UKMA(GB), Annex I to the 2001 Directive, as modified in accordance with Schedule 8B;
“approved country for batch testing list” means the list published by the licensing authority under paragraph 14(3) of Schedule 7 (obligations of qualified persons) and “approved country for batch testing” means a country included in that list;
“approved country for import list” means the list published by the licensing authority under regulation 18A (approved country for import) and “approved country for import” means a country included in that list;
“the Committee for Medicinal Products for Human Use” means the committee established under Article 5(1) of Regulation (EC) No 726/2004;
“conditional marketing authorisation” means a F9UKMA(GB) granted under regulation 49(1)(a) in accordance with regulation 58F;
“country” means a country or territory;
“Directive 2001/18/EC” means Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC – Commission Declaration M7;
F48“EU agreed paediatric investigation plan” means a paediatric investigation plan agreed in accordance with the Paediatric Regulation;
“EU Exit Regulations” means the Human Medicines (Amendment etc.) (EU Exit) Regulations 2019;
“medical device”—
a
has the meaning given in regulation 2 of the Medical Devices Regulations 2002; or
b
to the extent necessary for the practical application of that definition, also or instead has the meaning given in regulation 69 of those Regulations M8;
F48“nursing home” has the meaning given by article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;
“orphan criteria” means the criteria listed in regulation 50G(2);
“orphan marketing authorisation” means a UK marketing authorisation granted under regulation 49(1)(a) in accordance with regulation 58C;
“Orphan Regulation” means Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products M9 as it has effect in EU law;
“paediatric indication” means a term of a UK marketing authorisation enabling the medicinal product to which the authorisation relates to be used by or administered to persons under the age of 18 years;
“paediatric population” means that part of the population consisting of persons under the age of 18 years;
F48“parallel import licence” has the meaning given in regulation 48(2);
F48“qualifying Northern Ireland goods” has the same meaning that it has in the European Union (Withdrawal) Act 2018, including any meaning defined for the purposes of that Act from time to time by regulations made under the power conferred by section 8C(6) of that Act;
“supplementary protection certificate” has the meaning given in section 128B(2) of the Patents Act 1977 M10;
F48“under the unfettered access route” means an application for—
a
a UKMA(GB) under reduced or alternative requirements specified in Part 5 (as referred to in regulation 49(1A));
b
a COR(GB) under reduced or alternative requirements specified in Part 6 (as referred to in regulation 103(1A));
c
a THR(GB) under reduced or alternative requirements specified in Part 7 (as referred to in regulation 127(1A));
“variation to the terms of a UK marketing authorisation” means any change to—
a
the information provided in accordance with regulations 50 to 57 and Schedule 8; or
b
the terms of the decision granting the UK marketing authorisation, including the summary of the product characteristics and any conditions, obligations, or restrictions affecting that UK marketing authorisation, or changes to the labelling or the package leaflet connected with changes to the summary of the product characteristics,
and “vary” and “variation” in relation to a UK marketing authorisation are to be construed accordingly;.
F48“withdrawal agreement” has the meaning given in section 39 of the European Union (Withdrawal Agreement) Act 2020;
3
In paragraph (1), amend or substitute (as the case may be) the following definitions—
F135za
in the definition of “advanced therapy medicinal product”, after “means” insert “, in the case of a medicinal product for sale or supply by the holder of a UKMA(NI) or UKMA(UK),”;
zb
in the definition of “certificate of registration”, after “these Regulations” insert—
and—
- a
“COR(UK)” means such a certificate in force in the whole United Kingdom;
- b
“COR(GB)” means such a certificate in force in Great Britain only;
- c
“COR(NI)” means such a certificate in force in Northern Ireland only;
F502a
for the definition of “the Good Manufacturing Practice Directive” substitute—
“the Good Manufacturing Practice Directive” means—
- a
in the case of a medicinal product manufactured or assembled in, or imported into, Great Britain—
- i
Commission Directive 2003/94/EC laying down the principles and guidelines of good manufacturing practice for medicinal products for human use and for investigational medicinal products for human use, as modified by Schedule 2A, or
- ii
if Regulations have been made under the powers in regulation B17(1), and have come into force, those Regulations;
- b
in the case of a medicinal product manufactured or assembled in, or imported into, Northern Ireland, Commission Directive 2003/94/EC laying down the principles and guidelines of good manufacturing practice for medicinal products for human use and for investigational medicinal products for human use;
b
in the definition of “homoeopathic medicinal product”, in paragraph (b), for “in any pharmacopoeia used officially in an EEA State” F241substitute—
i
in relation to a certificate of registration or marketing authorisation for a national homoeopathic product in force in Great Britain only, the British Pharmacopoeia, or in an pharmacopoeia used officially in an country that is included in a list published by the licensing authority for this purpose;
ii
in relation to a certificate of registration or marketing authorisation for a national homoeopathic product in force in the whole United Kingdom or in Northern Ireland only, in the British Pharmacopoeia or in any pharmacopoeia used officially in an EEA State;
c
in the definition of “import”M11, insert at the end “
and “imported” is to be construed accordingly
”
;
F108d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
in the definition of “pharmacovigilance system”, “pharmacovigilance system master file” and “post-authorisation safety study”, F312for “marketing authorisation” substitute “UK marketing authorisation, EU marketing authorisation”
f
in the definition of “post-authorisation efficacy study”, insert “
UK
”
before “marketing authorisation”;
g
at the end of the definition of “Regulation (EC) No 726/2004”, insert “
, as it has effect in EU law
”
;
h
at the end of the definition of “Regulation (EC) No 1234/2008”, insert “
, as it has effect in EU law
”
;
i
in the definition of “special medicinal product” for “an EEA State” substitute “
a country
”
;
F414j
in the definition of “traditional herbal registration”, after “these Regulations” insert—
and—
- a
“THR(UK)” means such a registration in force in the whole United Kingdom;
- b
“THR(GB)” means such a registration in force in Great Britain only;
- c
“THR(NI)” means such a registration in force in Northern Ireland only;
F517k
for the definition of “UK marketing authorisation” substitute—
“UK marketing authorisation” means a marketing authorisation granted by the licensing authority under Part 5 of these Regulations or Chapter 4 of Title III to the 2001 Directive (mutual recognition and decentralised procedure) and—
- a
“UKMA(UK)” means such an authorisation in force in the whole United Kingdom;
- b
“UKMA(GB)” means such an authorisation in force in Great Britain only;
- c
“UKMA(NI)” means such an authorisation in force in Northern Ireland only.
4
In paragraph (1), omit the following definitions—
F268i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F410ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii
“care home” M12,
F171iv
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
v
“Directive 2002/98/EC”,
vi
“Directive 2004/23/EC”,
F287vii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37viii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F232ix
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63x
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F450xi
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F194xii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xiii
“third country”.
5
In paragraph (5)(a) insert “
UK
”
before “marketing authorisation”.
6
In paragraph (6)(a)—
a
insert “
UK
”
before “marketing authorisation”; and
b
for “or 60(1)” substitute “
, 60(1) or 60A
”
.
7
In paragraph (8) M13, for “References” substitute “
Subject to regulation C17(6), references
”
.
F1408
After paragraph (8) insert—
9
Unless otherwise provided, any provision of an EU Regulation made applicable to a UKMA(NI), COR(NI) or THR(NI) by virtue of Article 5(4) of, and Annex 2 to, the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement applies equally in respect of a UKMA(UK), COR(UK) or THR(UK).
Insertion of Schedule 8B (modifications of Annex I to the 2001 Directive)I9811
Schedule 2 inserts a new Schedule 8B after Schedule 8A.
Insertion of Schedule 2A (modifications of Commission Directive 2003/94/EC)I11412
Schedule 3 inserts a new Schedule 2A after Schedule 2.
PART 3Amendment of Part 3 (manufacture and distribution of medicinal products and active substances)
New regulation B17 and C17 (good manufacturing practice and good distribution practice)I5313
After regulation A17 M14 insert—
Chapter 1AGood manufacturing practice and good distribution practice
Regulations on good manufacturing practiceB17
1
2
Regulations under paragraph (1) may in particular make provisions as to—
a
inspections;
b
compliance with good manufacturing practice and, where relevant, the UK marketing authorisation F441or EU marketing authorisation;
c
quality assurance systems;
d
personnel;
e
premises and equipment;
f
documentation;
g
production;
h
quality control;
i
the contracting out of work;
j
complaints and product recall;
k
self-inspection.
3
Subject to any provision made in regulations under paragraph (1), the principles and guidelines set out in the Good Manufacturing Practice Directive have effect F211in Great Britain on and after F181IP completion day as they had effect immediately before F181IP completion day, but subject to the modifications specified in Schedule 2A.
Guidelines on good manufacturing practice and good distribution practiceC17
1
The licensing authority may publish F464in relation to the manufacture or assembly of a medicinal product in, or import to, Great Britain—
a
detailed guidelines of good manufacturing practice in respect of medicinal products, and investigational medicinal products, referred to in Article 46(f) of the 2001 Directive, including guidelines as to the formalised risk assessment for ascertaining the appropriate good manufacturing practice for excipients;
b
principles and guidelines of good manufacturing practice for active substances, referred to in the first paragraph of point (f) of Article 46 and in Article 46b of that Directive;
c
principles and guidelines of good distribution practice referred to in the first paragraph of point (f) of Article 46, and Article 84, of that Directive.
2
Guidelines or principles under paragraph (1) may replace, amend or otherwise modify any guidelines or principles published or adopted by the European Commission under the second, third, fourth or fifth paragraph of Article 47, or Article 84, of the 2001 Directive.
3
Unless replaced by principles or guidelines published under paragraph (1), principles and guidelines published or adopted by the European Commission under the second, third, fourth or fifth paragraph of Article 47, or Article 84, of the 2001 Directive, as they applied immediately before F167IP completion dayM15, continue to apply on and after F167IP completion day (subject to any amendments or modifications published under paragraph (1)).
4
Before exercising the power under paragraph (1), the licensing authority must consult such persons as it considers appropriate.
5
The licensing authority may only exercise its power under paragraph (1) if it considers that it is necessary in order to take account of technical or scientific progress.
6
If the licensing authority publishes principles and guidelines under paragraph (1), any reference in these Regulations to any principle or guideline adopted under the provisions of the 2001 Directive specified in those paragraphs is instead to be read as a reference to the principle or guideline published under paragraph (1), or that principle or guideline as amended or modified (as the case may be).
Amendment of regulation 17 (manufacturing of medicinal products)I1714
1
Regulation 17 is amended as follows.
F412
For paragraph (1) substitute—
1
A person may not except in accordance with a licence (a “manufacturer’s licence”)—
a
manufacture a medicinal product,
b
assemble a medicinal product,
c
import a medicinal product into Great Britain from a country other than—
i
Northern Ireland, or
ii
an approved country for import,
d
import a medicinal product into Northern Ireland from a country other than an EEA State, or
e
possess a medicinal product for the purpose of any activity in sub-paragraphs (a) to (d).
F2543
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3334
In paragraph (4), after sub-paragraph (a) insert—
aa
a UK marketing authorisation; or
F4015
In paragraph (5) omit “from a state other than an EEA State”.
F3236
After paragraph (6) insert—
7
Paragraph (1) does not apply to imports into Northern Ireland from Great Britain of—
a
special medicinal products, and
b
medicinal products that have been released for sale, supply or distribution in an EEA State or the United Kingdom before IP completion day.
8
For the purposes of paragraph (7) a medicinal product has been released for sale, supply or distribution where, after the stage of manufacturing has taken place, the product is the subject matter of a written or verbal agreement between two or more persons for the transfer of ownership, any other property right, or possession concerning the product, or where the product is the subject matter of an offer to a person to conclude such an agreement.
Amendment of regulation 18 (wholesale dealing in medicinal products)I8315
1
Regulation 18 M16 is amended as follows.
2
In paragraph (1)—
a
in sub-paragraph (a), omit “or”;
b
in sub-paragraph (b) for “distribution.” substitute “
distribution; or
”
;
F222A
After paragraph (2) insert—
2A
Paragraph (1)(c) does not apply to imports into Great Britain from an EEA State of medicinal products that have been released for sale, supply or distribution in an EEA State or the United Kingdom before IP completion day.
2B
For the purposes of paragraph (2A) a medicinal product has been released for sale, supply or distribution where, after the stage of manufacturing has taken place, the product is the subject matter of a written or verbal agreement between two or more persons for the transfer of ownership, any other property right, or possession concerning the product, or where the product is the subject matter of an offer to a person to conclude such an agreement.
F713
For paragraph (6) substitute—
6
A wholesale dealer’s licence does not authorise the distribution of a medicinal product by way of wholesale dealing, or possession of a medicinal product for the purpose of such distribution, unless—
a
in the case of a product for sale or supply in Great Britain, a UKMA(GB) or UKMA(UK), certificate of registration or traditional herbal registration is in force in respect of the product, or
b
in the case of a product for sale or supply in Northern Ireland, a UKMA(NI) or UKMA(UK), EU marketing authorisation, Article 126a authorisation, certificate of registration or traditional herbal registration is in force in respect of the product,
but this is subject to the exceptions in regulation 43(6).
F4084
In paragraph (7) for “paragraph (6)” substitute “paragraph (6)(b)”.
Insertion of new regulation 18A (approved country for import)I15716
After regulation 18, insert—
Approved country for import18A
1
The licensing authority must—
a
publish a list of countries from which medicinal products may be imported under a wholesale dealing licence (“approved country for import list”); and
b
only include in that list a country which is included in the approved country for batch testing list.
2
In order to determine whether a country should be included in the approved country for import list, the licensing authority may, in particular, take into account—
a
the country's system for ensuring that each batch of a medicinal product has been manufactured and checked in accordance with the requirements of its legislation and any authorisation in respect of that product;
b
the country's rules for good distribution practice;
c
the regularity of inspections to verify compliance with good distribution practice;
d
the effectiveness of enforcement of good distribution practice;
e
the regularity and rapidity of information provided by that country relating to non-compliant manufacturers and distributers of medicinal products;
f
any on-site review of that country's regulatory system undertaken by the licensing authority;
g
any on-site inspection of a manufacturing site in that country observed by the licensing authority; and
h
any other relevant documentation available to the licensing authority.
3
The licensing authority must—
a
remove a country from the approved country for import list if that country is removed from the approved country for batch testing list;
b
in any event review the countries it has included in the approved country for import list to determine if it is still satisfied that the country should remain on that list, and if it is not so satisfied, remove that country from the list; and
c
undertake that review at least every three years beginning with the date on which that country is included in that list.
Amendment of regulation 19 (exemptions from requirement for wholesale dealer's licence)I8217
1
Regulation 19 M17 is amended as follows.
F322
For paragraph (1)(a) substitute—
a
the holder of—
i
in the case of a product for sale or supply in Great Britain, a UKMA(GB), a UKMA(UK), a COR(GB), a COR(UK), a THR(GB) or a THR(UK) (an “authorisation”) which relates to the product, or
ii
in the case of a product for sale or supply in Northern Ireland, a UKMA(NI), a UKMA(UK), a COR(NI), a COR(UK), a THR(NI), a THR(UK), an EU marketing authorisation or an Article 126a authorisation (an “authorisation”) which relates to the product,
including a holder of an authorisation who manufactured or assembled the product; or
3
In paragraph (1)(b), after “or assembled the product” insert “
in the United Kingdom
”
.
F3374
At the end insert—
6
Regulation 18 does not apply to a person (“P”) who imports a medicinal product into Great Britain from an approved country for import for administration to P or to any other person who is a member of P’s household.
Amendment of Schedule 3 (applications for licences under Part 3)I13918
1
Schedule 3 is amended as follows.
F802
For paragraph 1(2)(g) substitute—
g
the name, address, qualifications and experience of the person with responsibility for quality control in relation to the medicinal products to be manufactured or assembled under the licence (and, if that responsibility is to be carried out by the holder of—
i
in the case of a product for sale or supply in Great Britain, the UK marketing authorisation, certificate of registration or traditional herbal registration relating to the products, or
ii
in the case of a product for sale or supply in Northern Ireland, the marketing authorisation, Article 126a authorisation, certificate of registration or traditional herbal registration relating to the products,
a statement of that fact);
F1003
For paragraph 2(1) substitute—
2
1
This paragraph applies to an application for a manufacturer’s licence relating to the import from—
a
in the case of an import into Great Britain, a country other than Northern Ireland or a country other than an approved country for import, or
b
in the case of an import into Northern Ireland, a country other than an EEA State,
of medicinal products.
4
In paragraph 3—
a
in sub-paragraph (2)(d) at the end insert “
or the responsible person (import)
”
.
b
in sub-paragraph (3)(b)—
F431i
for paragraph (i) substitute—
i
in the case of a product for sale or supply in Great Britain, a UK marketing authorisation,
ia
in the case of a product for sale or supply in Northern Ireland, a marketing authorisation,
F42ii
in paragraph (iv) before “an Article” insert “in the case of a product for sale or supply in Northern Ireland,”, and
iii
after paragraph (iii) insert—
v
an authorisation granted by an authority in a country other than the United Kingdom to sell or supply the medicinal product in that other country;
c
in sub-paragraph (3)(d)—
i
in paragraph (i) omit “or”,
ii
in paragraph (ii) for “etc);” substitute “
etc), or
”
,
iii
at the end insert—
iii
to be distributed by means of export F563from Great Britain to an approved country for import;
d
for sub-paragraph (4) substitute—
4
In sub-paragraph (2)(d)—
“the responsible person” means the person who has the functions described in regulation 45(2);
“the responsible person (import)” means the person who has the functions described in regulation 45AA(4).
Amendment of regulation 23 (grant or refusal of licence)I5019
In regulation 23(1)(b), omit “and any European Union obligation”.
F382Amendment of regulation 24 (standard provisions of licences)I23919A
In regulation 24, after paragraph (2) insert—
3
In Schedule 4, in relation to a licence holder in Great Britain, references to the principles and guidelines set out in the Good Manufacturing Practice Directive are to those principles and guidelines as they apply under or by virtue of regulation B17.
Amendment of Schedule 4 (standard provisions of licences under Part 3)I6220
1
Schedule 4 is amended as follows.
F2532
For paragraph 13(b) substitute—
b
in the case of a product for sale or supply—
i
in Great Britain, a UK marketing authorisation, certificate of registration or traditional herbal registration, or
ii
in Northern Ireland, a marketing authorisation, Article 126a authorisation, certificate of registration or traditional herbal registration,
contains provisions relating to them,
F1512A
After paragraph 14 insert—
14A
A licence holder—
a
in Great Britain may only supply a special medicinal product to a person in Northern Ireland, and
b
in Northern Ireland may only supply a special medicinal product to a person in Great Britain,
in response to an order which satisfies the requirements of regulation 167.
F2823
In the heading of Part 2, after “State Other Than an EEA State” insert “/ Country other than an Approved Country for Import”.
F584
In paragraph 15, for “from a state other than an EEA State” substitute—
from—
a
in the case of an import into Great Britain, a country other than Northern Ireland or a country other than an approved country for import, or
b
in the case of an import into Northern Ireland, a country other than an EEA State
4A
In paragraphs 22(1) and 23, for “a state other than an EEA State” substitute “, in the case of an import into Great Britain, a country other than Northern Ireland or a country other than an approved country for import and in the case of an import into Northern Ireland, a country other than an EEA State”.
4B
After paragraph 23, insert—
23A
A licence holder—
a
in Great Britain may only supply a special medicinal product to a person in Northern Ireland, and
b
in Northern Ireland may only supply a special medicinal product to a person in Great Britain,
in response to an order which satisfies the requirements of regulation 167.
5
In paragraph 25(m), for the words “referred to in Article 8(2) of Directive 2004/23/EC”, substitute—
assigned by a tissue establishment pursuant to—
a
paragraph 1 of Schedule 3A to the Human Fertilisation and Embryology Act 1990 M18, as regards human gametes and embryos; and
b
paragraph 1 of Schedule 2 to the Human Tissue (Quality and Safety for Human Application) Regulations 2007 M19, as regards other human tissues and cells.
F836
In paragraph 33, for “another EEA State” substitute “, in the case of an import into Great Britain, an approved country for import and in the case of an import into Northern Ireland, an EEA State”.
F1077
After paragraph 41 insert—
41A
A licence holder—
a
in Great Britain may only supply a special medicinal product to a person in Northern Ireland, and
b
in Northern Ireland may only supply a special medicinal product to a person in Great Britain,
in response to an order which satisfies the requirements of regulation 167.
Amendment of regulation 26 (general power to suspend, revoke or vary licences)I262F36121
For regulation 26(5)(a) substitute—
a
that the holder of the manufacturer’s licence has manufactured or assembled medicinal products to the order of a person who holds—
i
in the case of a product for sale or supply in Great Britain, a UKMA(GB), a UKMA(UK), a COR(GB), a COR(UK), a THR(GB) or a THR(UK) (an “authorisation”), or
ii
in the case of a product for sale or supply in Northern Ireland, a UKMA(NI), a UKMA(UK), a COR(NI), a COR(UK), a THR(NI) or a THR(UK), an EU marketing authorisation or an Article 126a authorisation (an “authorisation”),
and has habitually failed to comply with the provisions of that authorisation; or
Amendment of Schedule 5 (review upon oral representations)I1822
1
Schedule 5 M20 is amended as follows.
2
In paragraph 1(2)(e), 3(11)(b) and 5(2)(d) after—
a
“UK marketing authorisation,” in each place it appears, insert “
parallel import licence,
”
; and
b
“an authorisation,” or “the authorisation,” in each place it appears, insert “
licence,
”
.
3
In paragraph 3 omit sub-paragraph (11)(b)(iii).
4
In paragraph 5 omit sub-paragraph (2)(c).
Amendment of regulation 29 (variation of licence on the application of the holder)I16023
In regulation 29(5)—
a
in sub-paragraph (b) omit “or”;
b
in sub-paragraph (c) for “granted.” substitute “
granted; or
”
; and
c
at the end insert—
d
the responsible person (import) under regulation 45AA.
Amendment of regulation 31 (certification of manufacturer's licence)I6024
1
Regulation 31 is amended as follows.
2
In paragraph (1)(c), for “an EEA State” substitute “
the United Kingdom
”
.
F3133
In paragraphs (3)(b), (5)(a) and (5)(b) for “marketing authorisation” substitute “UK marketing authorisation, EU marketing authorisation, Article 126a authorisation”.
Amendment of regulation 33 (offence concerning data for advanced therapy medicinal products)I1625
1
Regulation 33 is amended as follows.
2
In paragraph (1)(a)—
a
for “Article 15(1) of Regulation 1394/2007” substitute “
paragraph 8 of Schedule 6
”
; and
b
for “Article 15(4) of that Regulation” substitute “
paragraph 9 of that Schedule
”
.
3
In paragraph (1)(b), for “Article 15(1)” substitute “
paragraph 8
”
.
4
In paragraph (2) for “Article 15(4)” substitute “
paragraph 9
”
.
Amendment of Schedule 6 (manufacturer's and wholesale dealer's licences for exempt advanced therapy medicinal products)I1426
1
Schedule 6 is amended as follows.
2
In paragraph 3, for “Directive 2004/23/EC”, substitute—
requirements imposed pursuant to—
a
paragraphs 6 to 9 of Schedule 3A to the Human Fertilisation and Embryology Act 1990, as regards gametes and embryos; and
b
paragraphs 9 to 12 of Schedule 2 to the Human Tissue (Quality and Safety for Human Application) Regulations 2007, as regards other tissues and cells.
3
In paragraph 4, for the words “laid down in” to the end, substitute—
imposed pursuant to—
a
Schedule 3A to the Human Fertilisation and Embryology Act 1990, as regards gametes and embryos; and
b
Schedule 2 to the Human Tissue (Quality and Safety for Human Application) Regulations 2007, as regards other tissues and cells.
4
In paragraph 5, for the words from “Commission” to the end substitute “
the Blood Quality and Safety Regulations 2005 M21
”
.
5
In paragraph 11, for the words from “laid down in” to the end, substitute—
imposed pursuant to—
a
as regards gametes and embryos, sections 12(3), and 33A to 33D of, and paragraph 1 of Schedule 3A to, the Human Fertilisation and Embryology Act 1990 M22;
b
as regards blood cells, regulations 8, 9(e) and 14 of the Blood Safety and Quality Regulations 2005; and
c
as regards other cells and tissues, regulations 13 and 16 of, and paragraph 1 of Schedule 2 to, the Human Tissue (Quality and Safety for Human Application) Regulations 2007;
Amendment of regulation 36 (conditions for manufacturer's licence)I11927
In regulation 36 F85—
a
in paragraph (4)—.
i
for “The requirements” substitute “Where a manufacturer’s licence relates to the manufacture or assembly of a medicinal product in, or import of a medicinal product into, Northern Ireland, the requirements”;
ii
for “provisions of a manufacturer’s” substitute “provisions of that”;
b
in paragraph (6), after “by way of wholesale dealing” insert “in Northern Ireland”.
Amendment of regulation 37 (manufacturing and assembly)I15528
1
Regulation 37 M23 is amended as follows.
F4461A
In paragraph (2), after “Good Manufacturing Practice Directive” insert “which apply under or by virtue of regulation B17”.
F2982
For paragraph (4)(b) substitute—
b
that unless the active substance is imported into Great Britain from a country other than an approved country for import or into Northern Ireland from a country other than an EEA State from a third country, any manufacturers, importers or distributors supplying active substances to the licence holder—
i
in the case of a product imported into Great Britain, are registered with the appropriate authority for the registration of such persons in the approved country for import, and
ii
in the case of a product imported into Northern Ireland, are registered with the competent authority of a member State in which they are established; and
F3243
In paragraph (5)(b), after “as described” insert “in the case of a product for sale or supply in Great Britain, in the guidelines which apply under or by virtue of regulation C17 and, in the case of a product for sale or supply in Northern Ireland,
F5454
For paragraph (6)(b) substitute—
b
in the case of a product for sale or supply—
i
in Great Britain, the UKMA(GB), UKMA(UK), COR(GB), COR(UK), THR(GB) or THR(UK), or
ii
in Northern Ireland, the UKMA(NI), UKMA(UK), COR(NI), COR(UK), THR(NI), THR(UK), EU marketing authorisations or Article 126a authorisations,
applying to the medicinal products.
5
In paragraph (9)(a), from “Commission” to the end substitute “
the Blood Quality and Safety Regulations 2005 M24; or
”
.
6
In paragraph (11)—
a
for “competent authority of a member State” substitute “
licensing authority
”
; and
b
insert “
UK
”
before “marketing authorisation”.
Amendment of regulation 38 (imports)I17729
1
Regulation 38 M25 is amended as follows.
F342
In the heading, after “states other than EEA states” insert “/ countries other than approved countries for import”.
F43
In paragraph (2) for “from a state other than an EEA State” substitute—
from—
a
in the case of an import into Great Britain, a country other than an approved country for import, or
b
in the case of an import into Northern Ireland, a country other than an EEA State
F3484
In paragraph (3)(b) for “a state other than an EEA State” substitute “, in the case of an import into Great Britain, a country other than an approved country for import and in the case of an import into Northern Ireland, a country other than an EEA State”.
Amendment of regulation 39 (further requirements for manufacturer's licence)I4530
b
after “and (6)” insert “
and, where the product is being distributed in Northern Ireland, regulation 43A,
”
.
Amendment of regulation 42 (conditions for wholesale dealer's licence)I20631
1
Regulation 42 M27 is amended as follows.
F4272
In paragraph (1), after “45” insert “(in the case of a wholesale dealer’s licence held in Northern Ireland) or regulations 43 to 45AA (in the case of a wholesale dealer’s licence held in Great Britain)”.
F2733
In paragraph (4)—
a
for “The requirements” substitute “Where a wholesale dealer’s licence relates to wholesale dealings in Northern Ireland, the requirements”; and
b
for “provisions of a wholesale dealer’s” substitute “provisions of that”.
Amendment of Schedule 7 (qualified persons)I9632
1
Schedule 7 M28 is amended as follows.
2
In Part 1—
a
in paragraph 3, for “the member State in which it is studied” substitute “
the licensing authority
”
;
b
in paragraph 6, for “the member State in which the courses take place” substitute “
the licensing authority
”
.
3
In Part 3 (obligations of qualified person)—
a
in paragraph 12—
i
the existing text becomes sub-paragraph (1),
F137ia
for “The qualified person” substitute “In Great Britain, the qualified person”;
ii
in paragraph (a) of that sub-paragraph—
F546zaa
for “the United Kingdom” substitute “Great Britain”;
aa
for “marketing authorisation, Article 126a authorisation” substitute “
UK marketing authorisation
”
,
bb
after “herbal registration” insert “
, or an equivalent authorisation,
”
, and
cc
insert “
and
”
at the end,
iii
in paragraph (b) of that sub-paragraph—
aa
for “medicinal products imported from F84a country other than Northern Ireland or a non-EEA State, irrespective of whether the products have been manufactured in an EEA State” substitute “
medicinal products imported from a country other than approved country for import, irrespective of whether the products have been manufactured in the United Kingdom or an approved country for import
”
, and
bb
in paragraph (iii), for “marketing authorisation, Article 126a authorisation” substitute “
UK marketing authorisation
”
, and
cc
after “herbal registration” insert “
, or an equivalent authorisation,
”
,
iv
omit paragraph (c) of that sub-paragraph, and
v
after that sub-paragraph insert—
2
In this paragraph “equivalent authorisation” means, in respect of a medicinal product that does not have a UK marketing authorisation, certificate of registration or traditional herbal registration, such equivalent authorisation or registration granted by an appropriate authority for the licensing of medicinal products in an approved country for import.
F474aa
after paragraph 12 insert—
12A
1
In Northern Ireland, the qualified person is responsible for securing—
a
that each batch of medicinal products manufactured in Northern Ireland has been manufactured and checked in accordance with these Regulations and the requirements of the marketing authorisation, Article 126a authorisation, certificate of registration or traditional herbal registration relating to those products; and
b
in the case of medicinal products imported from a country other than an EEA State, irrespective of whether the products have been manufactured in Northern Ireland or an EEA State, that each batch has undergone—
i
a full qualitative analysis,
ii
a quantitative analysis of all the active substances, and
iii
all other tests or checks necessary to ensure the quality of medicinal products in accordance with the requirements of the marketing authorisation, Article 126a authorisation, certificate of registration or traditional herbal registration relating to those products; and
c
in the case of medicinal products, other than radiopharmaceuticals, that are required to bear safety features pursuant to Article 54a of the 2001 Directive and not intended to be exported to a country other than an EEA State, that the features specified in paragraph 18A of Schedule 24 have been affixed on the packaging.
F62b
in paragraph 13—
i
in sub-paragraph (1) after “This paragraph applies” insert “in Northern Ireland”;
ii
in sub-paragraph (1)(a) for “paragraph 12 in another member State is imported to the United Kingdom” substitute “paragraph 12A in a member State is imported to Northern Ireland”;
iii
in sub-paragraph (2) for “12” substitute “12A”;
c
in paragraph 14—
F238i
in sub-paragraph (1)(a) after “are imported” insert “into Great Britain from a country other than an approved country for import or into Northern Ireland;
F407ii
for sub-paragraph (1)(b) substitute—
b
appropriate arrangements have been made, in the case of import into Great Britain by the licensing authority with the country from which those products are imported and, in the case of a product for import into Northern Ireland by the European Union with that country, to ensure that—
i
the manufacturer of the medicinal products applies standards of good manufacturing practice at least equivalent to those laid down—
aa
in the case of a product for sale or supply in Great Britain, in the Good Manufacturing Practice Directive, as supplemented by the guidelines and principles which apply under, or by virtue of, regulation C17, and
bb
in the case of a product for sale or supply in Northern Ireland, by the European Union;
ii
the controls referred to in paragraph 12(b) or 12A(b) (as appropriate) have been carried out in that country.
F345iia
in paragraph (2) after “paragraph 12” insert “or 12A”.
iii
at the end insert—
3
The licensing authority must publish a list of the countries with whom it has made appropriate arrangements under sub-paragraph (1)(b) (“approved country for batch testing list”).
4
A country may be included in the approved country for batch testing list subject to any condition or restriction that the licensing authority considers appropriate, including as to categories of medicinal product, and any such condition or restriction must be included in the list.
5
In order to satisfy itself of the matters specified in sub-paragraph (1)(b)(i) and (ii), the licensing authority may, in particular, take into account—
a
the country's rules for good manufacturing practice;
b
the regularity of inspections to verify compliance with good manufacturing practice;
c
the effectiveness of enforcement of good manufacturing practice;
d
the regularity and rapidity of information provided by that country relating to non-compliant manufacturers;
e
any on-site review of that country's regulatory system undertaken by the licensing authority;
f
any on-site inspection of a manufacturing site in that country observed by the licensing authority;
g
any other relevant documentation available to the licensing authority.
6
The licensing authority must—
a
review any appropriate arrangements it has made under sub-paragraph (1)(b) to determine if that country still satisfies the requirements of sub-paragraph (1)(b)(i) and (ii), and whether any condition or restriction in those arrangements remains appropriate;
b
if it is not so satisfied, remove that country from the approved country for batch testing list or, as the case may be, amend or remove that condition or restriction; and
c
undertake such a review at least every three years beginning with the date on which the country is included in that list.
Amendment of regulation 43 (obligations of licence holder)I9733
1
Regulation 43 M29 is amended as follows.
F2632
For paragraph (1), substitute—
43
1
The licence holder must comply with the guidelines on good distribution practice—
a
in the case of a licence holder in Great Britain, published under, or that apply by virtue of, regulation C17;
b
in the case of a licence holder in Northern Ireland, published by the European Commission in accordance with Article 84 of the 2001 Directive.
F603
For paragraph (5)(a) substitute—
a
in the case of a product for sale or supply—
i
in Great Britain, there is a UKMA(GB), UKMA(UK), a COR(GB), a COR(UK), a THR(GB) or a THR(UK) (an “authorisation”), or
ii
in Northern Ireland, there is a UKMA(NI), UKMA(UK), a COR(NI), a COR(UK), a THR(NI), a THR(UK), and EU marketing authorisation or an Article 126a authorisation (an “authorisation”),
in force in relation to the product; and
4
In paragraph (6)—
a
in sub-paragraph (a), insert at the end “
in the United Kingdom
”
; and
F276aa
in sub-paragraph (b), after “the export” insert “from Northern Ireland”;
b
F73after sub-paragraph (b), insert—
F520ba
the export F548from Great Britain to an approved country for import, or supply for the purposes of such export, of a medicinal product which may be placed on the market in that country without—
i
a marketing authorisation, certificate of registration or traditional herbal registration within the meaning of the 2001 Directive, by virtue of legislation adopted by that country under Article 5(1) of that Directive, where the approved country for import is an EEA State, or
ii
such equivalent authorisation, certificate or registration in the approved country for import, under legislation in that country that makes provision that is equivalent to Article 5(1) of the 2001 Directive, where the approved country for import is not an EEA State.
F504c
for sub-paragraph (d) substitute—
d
the wholesale distribution of medicinal products—
i
from Northern Ireland to a person in a country other than Great Britain or a country other than an EEA State; or
ii
from Great Britain to a person in a country other than Northern Ireland or a country other than an approved country for import.
5
In paragraph (7)—
a
in sub-paragraph (b)—
F291i
for sub-paragraph (i) substitute—
i
ordered by the licensing authority or—
aa
in the case of a licence holder in Great Britain, by an appropriate authority for the licensing of medicinal products in an approved country for import;
bb
in the case of a licence holder in Northern Ireland, by the competent authority of any EEA State, or
F119ii
for sub-paragraph (ii) substitute—
ii
carried out in co-operation with the manufacturer of, or the holder of—
aa
in the case of a product for sale or supply in Great Britain, the UKMA(GB) or UKMA(UK), certificate of registration or traditional herbal registration, or
bb
in the case of a product for sale or supply in Northern Ireland, the UKMA(NI) or UKMA(UK), EU marketing authorisation, Article 126a authorisation, certificate of registration or traditional herbal registration,
for, the product; and
F351b
in sub-paragraph (c)(vii), before “the batch number” insert “where the receipt, dispatch or brokering of medicinal products takes places in Northern Ireland,”;
F2725A
In paragraph (8)—
a
after “A licence holder” insert “in Northern Ireland”;
b
for “third country” substitute ““country other than an EEA State”.
6
F43After paragraph (8) insert —
F4198A
F7Paragraph (8B) applies to a person (“P”) who—
a
imports F75into Great Britain a medicinal product, other than for the sole purpose of wholesale distribution of that product to a person in a country other than the United Kingdom; but
b
is not the holder of a UK marketing authorisation, certificate of registration or traditional herbal registration in respect of that product.
F4198B
Where this paragraph applies, P must—
a
notify—
i
the holder of any authorisation, certificate or registration, granted by an authority in the country from which the product is exported, to sell or supply that product in that country, and
ii
the licensing authority,
of the intention to import that product; and
b
pay a fee to the licensing authority in accordance with the Fees Regulations.
F647
In paragraph (10), after “The holder” insert “of a licence relating to wholesale dealings in Northern Ireland”.
F3588
In paragraph (13), for “marketing authorisation holder” substitute “UK marketing authorisation holder or EU marketing authorisation holder”.
F3949
For paragraph (14) substitute—
14
Where the medicinal product is obtained through brokering—
a
a licence holder in Great Britain must verify that the broker involved fulfils the requirements set out in regulation 45A(1)(b);
b
a licence holder in Northern Ireland must verify that the broker involved is validly registered with the licensing authority or the competent authority of an EEA State.
10
In paragraph (15), after “In this regulation” insert “as it applies in the case of a product for sale or supply in Northern Ireland”.
F514Amendment of regulation 43A (requirement for wholesale dealers to decommission the unique identifier)I21734
In regulation 43A—
a
in paragraph (2) for “in the United Kingdom” substitute “in Northern Ireland”; and
b
in paragraph (3)—
i
in sub-paragraph (g) omit “a police force in England, Wales or Scotland or”; and
ii
in sub-paragraph (l) for “care” substitute “nursing”.
Amendment of regulation 44 (requirement for wholesale dealers to deal only with specified persons)I12635
1
Regulation 44 M30 is amended as follows.
2
In paragraph (2)—
F261a
in sub-paragraph (b), for “another EEA State” substitute “an approved country for import (in the case of a licence holder in Great Britain) or by an EEA State (in the case of a licence holder in Northern Ireland)”; and
F96b
for sub-paragraph (c) substitute—
c
where the medicinal product is directly received—
i
in the case of a licence holder in Great Britain, from a country that is not an approved country for import (“A”), for export to a country that is not an approved country for import (“B”), and
ii
in the case of a licence holder in Northern Ireland, from a country other than an EEA State (“A”) for export to another country other than an EEA State (“B”) ,
the supplier of the medicinal product in country A is a person who is authorised or entitled to supply such medicinal products in accordance with the legal and administrative provisions in country A.
F1913
For paragraph (5)(b) substitute—
b
the holder of an authorisation granted by—
i
in the case of a licence holder in Great Britain, the appropriate authority of an approved country for import;
ii
in the case of a licence holder in Northern Ireland, the competent authority of an EEA State,
that is responsible for authorising the supply of those products by way of wholesale dealing;
F5294
For paragraph (5)(e) substitute—
e
in relation to supply—
i
in the case of a licence holder in Great Britain to persons in countries other than approved countries for import, a person who is authorised or entitled to receive medicinal products for wholesale distribution or supply to the public in accordance with the applicable legal and administrative provisions of the country to which the product is supplied;
ii
in the case of a licence holder in Northern Ireland to persons in a country other than an EEA State, a person who is authorised or entitled to receive medicinal products for wholesale distribution or supply to the public in accordance with the applicable legal and administrative provisions of the country other than an EEA State concerned.
5
In paragraph (6)—
a
insert “
and
”
at the end of sub-paragraph (c); and
F417b
in sub-paragraph (e) after “of the 2001 Directive” insert “, in the case of a licence holder in Northern Ireland.”.
F316
After paragraph (7) insert—
8
A licence holder in Great Britain may only obtain a medicinal product in respect of which a UKMA(GB) was granted under the unfettered access route if the product satisfies the definition of qualifying Northern Ireland goods.
9
Paragraph (2)(c) does not apply to—
a
in the case of a licence holder in Great Britain, products received from Northern Ireland, and
b
in the case of a licence holder in Northern Ireland, products received from Great Britain.
10
Paragraph (5)(e) does not apply to—
a
in the case of a licence holder in Great Britain, products supplied to Northern Ireland, and
b
in the case of a licence holder in Northern Ireland, products supplied to Great Britain.
Amendment of regulation 45 (requirement as to responsible persons)I16136
1
Regulation 45 is amended as follows.
F2512
After paragraph (1) insert—
1A
In respect of a licence holder in Great Britain, paragraph (1) is subject to regulation 45AA.
F2273
For paragraph (2)(b) substitute—
b
ensuring that the quality of medicinal products handled by the licence holder is being maintained in accordance with the requirements of—
i
in the case of a licence holder in Great Britain, the UK marketing authorisations, certificates of registration or traditional herbal registrations, and
ii
in the case of a licence holder in Northern Ireland, the marketing authorisations, Article 126a authorisations, certificates of registration or traditional herbal registrations,
applicable to those products.
Insertion of new regulations 45AA and 45AB (responsible persons: import)I5537
After regulation 45, insert—
Requirement as to responsible persons where licence holder imports from an approved country for import45AA
1
Subject to paragraph (2), this regulation applies F413to a licence holder in Great Britain where the licence holder imports a medicinal product from an approved country for import under a wholesale dealer's licence.
2
The requirements of this regulation do not apply where an unlicensed medicinal product falling under paragraph (1) is imported—
a
from an approved country for import for the sole purpose of distribution by way of wholesale dealing as a special medicinal product; or
b
for the sole purpose of wholesale distribution of that product to a person in a country other than an approved country for import.
3
The licence holder must ensure that there is available at all times at least one person (referred to in this regulation as the “responsible person (import)”) whose name is included in the register established under regulation 45AB.
4
A responsible person (import) must—
a
carry out the functions under regulation 45(2), unless a responsible person under regulation 45 is performing those functions in respect of the licence; F501...
b
ensure that there is appropriate evidence to confirm that each production batch of a medicine imported from an approved country for import under the licence has been certified as provided for in Article 51 of the 2001 Directive, or such equivalent certification procedure as applies in the approved country for import F299; and
c
ensure that each production batch of a medicinal product that is subject to the batch testing condition and that is imported into Great Britain from an approved country for import has been certified as being in conformity with the approved specifications in the UK marketing authorisation by—
i
the appropriate authority, or
ii
where the batch testing exemption applies, a laboratory in a country that has an agreement with the United Kingdom to the effect that the appropriate authority will recognise that certificate in place of the appropriate authority’s own examination.
5
The licensing authority must publish guidance on the documentation that it considers to be appropriate evidence for the purposes of paragraph (4)(b).
6
Guidance published under paragraph (5) may be taken into account by the licensing authority in determining whether it considers there has been a failure to comply with this regulation.
7
The licence holder must apply to vary the licence if a change is proposed to the responsible person (import).
8
The licence holder must not permit any person to act as a responsible person (import) other than the person named in the licence.
9
Paragraph (10) applies if—
a
the person acting as responsible person (import) in respect of the licence is no longer included in the register under 45AB;
b
the licensing authority thinks, after giving the licence holder and a person acting as a responsible person (import) the opportunity to make representations (orally or in writing), that the responsible person (import) is failing to carry out the functions referred to in paragraph (4) adequately or at all.
10
Where this paragraph applies the licensing authority—
a
must notify the licence holder in writing that the person is not permitted to act as a responsible person (import) in respect of that licence; and
b
may, subject to regulation 45AB(3)(b), remove that person's name from the register under regulation 45AB.
11
In this regulation, “unlicensed medicinal product” means a medicinal product in respect of which—
a
there is no marketing authorisation, within the meaning of the 2001 Directive, in any EEA State in respect of that product, where the product is imported from an approved country for import that is an EEA State; or
b
there is no licence or authorisation in respect of that product as regards its sale or supply in the approved country for import, where the product is imported from an approved country for import that is not an EEA State.
Register for responsible persons (import)45AB
1
The licensing authority must maintain a register of persons (“the responsible person (import) register”) who may carry out the role of responsible person (import) under regulation 45AA.
2
The licensing authority may only include a person's name in the responsible person (import) register if that person—
a
holds—
i
a diploma, certificate or other evidence of formal qualifications awarded on completion of a university or other higher education course of study in pharmacy, chemistry, medicine, biology or a related life science, or
ii
such other qualification as the licensing authority is satisfied is equivalent;
b
is a member of—
i
the Royal Society of Biology,
ii
the Royal Pharmaceutical Society,
iii
the Pharmaceutical Society of Northern Ireland,
iv
the Royal Society of Chemistry, or
v
such other body as may be specified by the licensing authority for the purpose of this paragraph; and
c
has a minimum of 2 years' experience in performing the functions of a responsible person under regulation 45, or in performing such other functions that appear to the licensing authority to be equivalent.
3
The licensing authority—
a
may remove a person's name from the responsible person (import) register if it no longer considers that the person satisfies the requirements of paragraph (2); but
b
it may not exercise that power unless it has given that person the opportunity to make representations to it (orally or in writing).
Amendment of regulation 45A (brokering in medicinal products)I13638
1
Regulation 45A M31 is amended as follows.
F252
For paragraph (1) substitute—
1
A person may not broker a medicinal product in Great Britain unless—
a
the product is covered by an authorisation granted—
i
by the licensing authority, or
ii
by an appropriate authority responsible for the licensing of medicinal products in an approved country for import, and
b
that person—
i
is validly registered as a broker with the licensing authority,
ii
has a permanent address in the United Kingdom, and
iii
complies with the guidelines on good distribution practice which apply under, or by virtue of, regulation C17 insofar as those guidelines apply to brokers.
1A
A person may not broker a medicinal product in Northern Ireland unless—
a
the product is covered by an authorisation granted—
i
under Regulation (EC) No 726/2004,
ii
by the licensing authority, or
iii
by a competent authority of a member State, and
b
that person—
i
is validly registered as a broker with the licensing authority or a competent authority of a member State,
ii
except where the person is validly registered with the competent authority of an EEA State, has a permanent address in the United Kingdom, and
iii
complies with the guidelines on good distribution practice published by the European Commission in accordance with Article 84 of the 2001 Directive insofar as those guidelines apply to brokers.
F3073
In paragraph (2)—
a
after “paragraph (1)(b)” insert “or (1A)(b)”;
b
in sub-paragraphs (a) and (c), after “competent authority of a member State” insert “or the licensing authority (as appropriate)”.
4
Omit paragraph (3).
Amendment of regulation 45D (grant or refusal of a broker's registration)I18539
In regulation 45D(1)(b) M32 omit sub-paragraph (ii) (and “and” immediately preceding it).
Amendment of regulation 45E (criteria of broker's registration)I16940
M33In regulation 45E(3) —
F154a
for sub-paragraph (b)(i) substitute—
i
ordered by—
aa
in the case of a broker in Great Britain, the licensing authority or by an appropriate authority responsible for the licensing of medicinal products in an approved country for import, or
bb
in the case of a broker in Northern Ireland, the licensing authority or by the competent authority of any EEA State, or
F385b
in sub-paragraph (d)(iii), before “the batch number” insert “where the sale or supply of the medicinal product is in Northern Ireland,”.
Amendment of regulation 45F (provision of information)I9141
In regulation 45F(1) M34 for sub-paragraph (b) substitute—
F126b
in the case of a broker in—
i
Great Britain, either—
aa
the UK marketing authorisation holder, or
bb
where applicable, the holder of the licence or authorisation granted by an appropriate authority responsible for the licensing of medicinal products in an approved country for import, or
ii
Northern Ireland, either—
aa
the UK marketing authorisation holder, or
bb
where applicable, the EU marketing authorisation holder,
Amendment of regulation 45M (criteria for importation, manufacture or distribution of an active substance)I18442
1
Regulation 45M M35 is amended as follows.
F1702
For paragraph (2)(a) substitute—
a
if—
i
in the case of a product for sale or supply in Great Britain, the product has a UK marketing authorisation, certificate of registration or traditional herbal registration, or
ii
in the case of a product for sale or supply in Northern Ireland, the product has a marketing authorisation, Article 126a authorisation, certificate of registration or traditional herbal registration, and
3
In paragraph (3), omit “from a state other than an EEA State”.
Amendment of Schedule 7A (information to be provided for registration as an importer, manufacturer or distributor of active substances)I443
1
Schedule 7A M36 is amended as follows.
2
In paragraph 13(b), omit “from third countries”.
3
In paragraph 15(c), omit “to a third country”.
Amendment of regulation 45O (requirements for registration as an importer, manufacturer or distributor of an active substance)I644
1
Regulation 45O M37 is amended as follows.
F5032
For paragraph (1) substitute—
1
Where principles and guidelines of good manufacturing practice have been published under, or apply by virtue of, regulation C17, which apply to an active substance manufactured in Great Britain, a manufacturer in Great Britain must comply with the principles and guidelines of good manufacturing practice for active substances.
1A
Where the Commission has adopted principles and guidelines of good manufacturing practice under the third paragraph of Article 47 of the 2001 Directive which applies to an active substance manufactured in Northern Ireland, a manufacturer in Northern Ireland must comply with the principles and guidelines of good manufacturing practice for active substances.
F2213
For paragraph (2) substitute—
2
Where principles and guidelines of good distribution practice have been published under, or apply by virtue of, regulation C17, which apply to an active substance distributed in Great Britain, a distributor in Great Britain must comply with the principles and guidelines of good distribution practice for active substances.
2A
Where the Commission has adopted principles and guidelines of good distribution practice under the fourth paragraph of Article 47 of the 2001 Directive which applies to an active substance distributed in the Northern Ireland, a distributor in Northern Ireland must comply with the principles and guidelines of good distribution practice for active substances.
F2894
In paragraph (3)—
a
for “the UK” substitute “Northern Ireland”;
b
for “from a third country” substitute “into Northern Ireland from a country other than an EEA State”;
c
for “exporting third country” in both places it occurs substitute “exporting country”;
d
in sub-paragraph (c)(ii), for “the Union” substitute “Northern Ireland”.
F1744A
After paragraph (3) insert—
3A
Without prejudice to regulation 37(4) and paragraph 9A of Schedule 8, where principles and guidelines of good manufacturing practice have been published under, or apply by virtue of, regulation C17, which apply to an active substance imported into Great Britain other than from Northern Ireland and where an active substance is so imported—
a
the importer must comply with good manufacturing practice and good distribution practice in relation to the active substance,
b
the active substances must have been manufactured in accordance with standards which are at least equivalent to good manufacturing practice, and
c
the active substances must be accompanied by a written confirmation from the competent authority of the exporting country of the following—
i
the standards of manufacturing practice applicable to the plant manufacturing the exported active substance are at least equivalent to good manufacturing practice,
ii
the manufacturing plant concerned is subject to regular, strict and transparent controls and to the effective enforcement of standards of manufacturing practice at least equivalent to good manufacturing practice, including repeated and unannounced inspections, so as to ensure a protection of public health at least equivalent to that in Great Britain, and
iii
in the event of findings relating to non-compliance, information on such findings is supplied by the exporting country to the licensing authority without any delay.
F5425
In paragraph (4)—
a
for “(3)(c) does” substitute “(3)(c) and (3A)(c) do”;
b
in sub-paragraph (a), after “Article 111b of the 2001 Directive” insert “(in the case of an import into Northern Ireland) or paragraph (6) (in the case of an import into Great Britain)”;
c
in sub-paragraph (b)(i), after “competent authority of a member State” insert “or licensing authority (in the case of an import into Northern Ireland) or licensing authority or an appropriate authority responsible for the licensing of medicinal products in a country included in a list under paragraph (6) (in the case of an import into Great Britain)”.
6
At the end insert—
6
The licensing authority may publish a list of countries which it is satisfied have a regulatory framework applicable to active substances exported to F141Great Britain that is equivalent to the regulatory framework in F141Great Britain, in that the respective control and enforcement activities in those countries ensures an equivalent level of protection of public health.
7
Before including a country in the list under paragraph (6), the licensing authority must assess the equivalence referred to in that paragraph by—
a
reviewing relevant documentation; and
b
unless the country is included in the approved country for batch testing list, carrying out—
i
an on-site review of the country's regulatory system, and
ii
if the licensing authority considers it necessary, an inspection of one or more of that country's manufacturing sites for active substances.
8
In carrying out an assessment under paragraph (7) the licensing authority must in particular take account of the—
a
country's rules for good manufacturing practice;
b
regularity of inspections to verify compliance with good manufacturing practice;
c
effectiveness of enforcement of good manufacturing practice; and
d
regularity and rapidity of information provided by that country relating to non-compliant producers of active substances.
9
The licensing authority must—
a
review the list under paragraph (6) to determine if a country included in it still satisfies the requirements for inclusion in the list, and if it is not so satisfied, remove that country; and
b
undertake such a review at least every three years, beginning with the date on which a country is included in the list .
PART 4Amendment of Part 4 (requirement for authorisation)
Amendment of regulation 46 (requirement for authorisation)I16645
1
Regulation 46 is amended as follows.
2
In paragraph (2)—
a
in sub-paragraph (a), before “marketing authorisation”, insert “
UK
”
;
F65b
after sub-paragraph (a) insert—
aa
an EU marketing authorisation;
3
In paragraph (3), before “European Economic Area” insert “
United Kingdom or the
”
.
4
In paragraph (6)—
F338a
after “in force for the product” insert “in the country in which the product is intended to be sold or supplied, or offered for sale or supply”;
b
in sub-paragraph (a), before “marketing authorisation”, insert “UK”; and
c
after sub-paragraph (a) insert—
aa
an EU marketing authorisation;
F3645
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
In paragraph (9), before “European Economic Area” insert “
United Kingdom or the
”
.
7
In paragraph (11)(a), before “European Economic Area” insert “
United Kingdom or the
”
.
Amendment of regulation 47 (breach of requirement)I19246
1
Regulation 47 is amended as follows.
2
In paragraphs (3) and (4), before “European Economic Area”, insert “
United Kingdom or the
”
.
F3093
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 5Amendment of Part 5 (marketing authorisations)
Amendment of regulation 48 (application of Part 5)I19847
1
Regulation 48 M38 is amended as follows.
2
In paragraph (2)—
a
at the appropriate place insert—
F528“EU reference medicinal product” means a medicinal product which falls within paragraph (b)(ii) or (iii) of the definition of “reference medicinal product”;
F70“excluded reference product” means—
a
a medicinal product authorised on the basis that it was a generic medicinal product;
b
a medicinal product authorised on the basis that one or more of the circumstances listed in Article 10(3) of the 2001 Directive or regulation 52(1)(b) applied; or
c
a biological medicinal product authorised on the basis that it did not meet a condition for being a generic medicinal product for any of the reasons described in Article 10(4) of the 2001 Directive or regulation 53A(1);
b
for the definition of “generic medicinal product”, substitute—
F267“generic medicinal product”, in relation to a reference medicinal product for an application for—
a
a UKMA(NI) or UKMA(UK), has the meaning given in Article 10(2)(b) of the 2001 Directive;
b
a UKMA(GB), means a medicinal product—
i
that has the same qualitative and quantitative composition in active substances as the reference medicinal product;
ii
that has the same pharmaceutical form as the reference medicinal product; and
iii
whose bioequivalence with the reference medicinal product has been demonstrated by appropriate bioavailability studies;
c
for the definition of “parallel import licence” substitute—
“parallel import licence” means a licence that is granted by the licensing authority under this Part authorising the holder to place on the market a medicinal product imported in to the United Kingdom from an EEA State where that product—
a
has been granted an EU marketing authorisation or a marketing authorisation in an EEA State under the 2001 Directive; and
b
is essentially similar to a product that has been granted a UK marketing authorisation;
d
for the definition of “reference medicinal product”, substitute—
F569“reference medicinal product” means—
a
in relation to an application for a UKMA(NI), a medicinal product—
i
authorised for sale or supply in Northern Ireland under regulation 49(1)(a), in accordance with the provisions of regulation 50; or
ii
in relation to which an EU marketing authorisation or a marketing authorisation granted by a member State pursuant to the 2001 Directive is or has been in force,
but which is not an excluded reference product;
b
in relation to an application for a UKMA(GB), a medicinal product—
i
authorised under regulation 49(1)(a), in accordance with the provisions of regulation 50;
ii
in relation to which an EU marketing authorisation was in force on IP completion day, but in relation to which no UK marketing authorisation is in force because the holder of the EU marketing authorisation notified the licensing authority in accordance with paragraph 6(3) of Schedule 33A that it did not wish to be the holder of a converted EU marketing authorisation; or
iii
in relation to which an EU marketing authorisation had ceased to be in force before IP completion day for reasons not related to safety, quality or efficacy,
but which is not an excluded reference product;
c
in relation to an application for a UKMA(UK), a medicinal product—
i
authorised under regulation 49(1)(a) for sale or supply in the whole of the United Kingdom, whether by virtue of one or more UK marketing authorisations, in accordance with the provisions of regulation 50; or
ii
in relation to which an EU marketing authorisation or a marketing authorisation granted by a member State pursuant to the 2001 Directive is or has been in force,
but which is not an excluded reference product;
3
After paragraph (2) insert—
3
In this Part, references to a medicinal product to be imported that is “essentially similar to a product that has been granted a UK marketing authorisation” are to be read as references to a medicinal product to be imported that—
a
has been manufactured to the same formulation as a product that has been granted a UK marketing authorisation (“the UK product”);
b
contains the same active ingredients as the UK product;
c
has the same therapeutic effect as the UK product,
and for the purposes of sub-paragraph (a), any differences in a product's formulation are to be ignored in so far as they are considered to be immaterial by the licensing authority.
4
For the purposes of the definition of generic medicinal product—
a
the different salts, esters, ethers, isomers, mixtures of isomers, complexes or derivatives of an active substance are considered to be the same active substance, unless they differ significantly in properties with regard to safety or efficacy; and
b
the various immediate-release oral pharmaceutical forms are considered to be the same pharmaceutical form.
5
When a medicinal product has been granted a UK marketing authorisation under regulation 49(1)(a) in accordance with the provisions of regulation 50 (“initial marketing authorisation”), any additional strengths, pharmaceutical forms, administration routes, presentations, variations and extensions in relation to which a UK marketing authorisation is granted under regulation 49(1)(a), or which are included in the initial UK marketing authorisation, belong to the same “global marketing authorisation”.
6
Paragraph (7) applies if a medicinal product—
a
belongs to a global marketing authorisation but is not the initial marketing authorisation; and
b
is used as a reference medicinal product in accordance with F452regulations 51 to 53B.
7
Where this paragraph applies, the medicinal product is treated for the purposes of the application of F92regulation 51A(1) and (6) as if it had been authorised on the date of authorisation of the medicinal product to which the initial marketing authorisation relates.
8
Paragraph (9) applies in relation to a medicinal product if—
a
it is an EU reference medicinal product;
b
it is used as a reference medicinal product in accordance with F302regulations 51 to 53B; and
c
it belongs to a global marketing authorisation, as described in the second paragraph of Article 6(1) of the 2001 Directive; but
d
it is not the initial marketing authorisation for the purposes of that global marketing authorisation.
9
Where this paragraph applies, the medicinal product is treated for the purposes of the application of F228regulation 51A(1) and (6) as if it had been authorised on the date of authorisation of the initial marketing authorisation for the purposes of the global marketing authorisation to which the product belongs.
Amendment of regulation 49 (application for grant of UK marketing authorisation or parallel import licence)I13348
1
Regulation 49 M39 is amended as follows.
2
In paragraph (1), after “regulation 58,” insert “
58C, 58E, 58F and 58G,
”
.
3
After paragraph (1) insert—
F5301A
The licensing authority may accept an application meeting reduced or alternative requirements specified in this Part (“under the unfettered access route”) and grant a UKMA(GB) only where—
a
there is already in place, or will be at the time the UKMA(GB) is granted, a marketing authorisation in respect of the product authorising sale or supply in Northern Ireland,
b
the applicant complies with the requirements in regulation 50(1A), and
c
the medicinal product satisfies the definition of qualifying Northern Ireland goods.
F1761B
The licensing authority may only grant a parallel import licence if it is able to obtain the information necessary, whether from a competent authority of an EEA State or otherwise, to satisfy itself that the medicinal product to be imported—
a
has been granted an EU marketing authorisation or a marketing authorisation under the 2001 Directive; and
b
is essentially similar to a product that has already been granted a UK marketing authorisation.
F2401C
A marketing authorisation or parallel import licence must state whether it is in force in—
a
the whole United Kingdom;
b
Great Britain only; or
c
Northern Ireland only,
and in these Regulations the meaning of a reference to that authorisation or licence being “in force” is limited to that territory.
F5524
For paragraph (3) substitute—
3
The applicant, where it is applying for—
a
a UKMA(NI)—
i
in accordance with Chapter 4 of Title III of the 2001 Directive, must be established in the European Union;
ii
on any other basis, must be established in the United Kingdom;
b
a UKMA(GB)—
i
under the unfettered access route, must be established in Northern Ireland;
ii
other than under the unfettered access route, must be established in the United Kingdom;
c
a UKMA(UK), must be established in the United Kingdom.
5
After paragraph (3) insert—
3A
An application for a parallel import licence may not be made by—
a
the holder of the marketing authorisation, within the meaning of the 2001 Directive, or the EU marketing authorisation, in respect of the relevant medicinal product to be imported; or
b
a company which is in the same group as the holder of that marketing authorisation.
6
At the end insert—
F3219
The application must include a statement indicating whether the authorisation or licence sought is for sale or supply of the product in—
a
the whole United Kingdom;
b
Great Britain only; or
c
Northern Ireland only.
Amendment of regulation 50 (accompanying material)I14549
1
Regulation 50 M41 is amended as follows.
F5261A
After paragraph (1) insert—
1A
An applicant for the grant of a UK marketing authorisation for a relevant medicinal product must provide—
a
in the case of an application under the unfettered access route—
i
the material specified in Schedule 8C, and
ii
any material specified in Schedule 8 which is not included in the material specified in Schedule 8C, and
b
in all other cases, the material specified in Schedule 8,
in relation to the product.
1B
After paragraph (3) insert—
3A
Paragraph (4) does not apply in respect of an application under the unfettered access route.
F3602
For paragraph (4) substitute—
4
If any of the medicinal products to which the application for a UK marketing authorisation relates—
a
in the case of a UKMA(NI) or a UKMA(UK), is liable to be imported from a country other than an EEA State, or
b
in the case of a UKMA(GB), is liable to be imported,
the material or information referred to in paragraph (3) may include an undertaking from the manufacturer of the product to comply with the matters set out in Schedule 9.
3
After paragraph (5) insert—
F2625A
The Secretary of State may by regulations in respect of Great Britain amend Schedule 8B (modifications of Annex I) in relation to a UKMA(GB) for the purpose of further modifying Annex I to the 2001 Directive in order to take account of scientific and technical progress.
5B
The licensing authority may publish, for the purposes of applications made pursuant to this regulation—
a
guidance on the presentation and content of the material specified in Schedule 8;
b
scientific guidelines relating to the quality, safety and efficacy of medicinal products; and
c
guidelines describing the active substance manufacturing process and process controls.
5C
Unless replaced by guidance or guidelines published under the power conferred by paragraph (5B), the following guidance and guidelines continue to apply as they applied immediately before F391IP completion day (subject to any amendments or variations published under that paragraph)—
a
the guidance published by the European Commission in the rules governing medicinal products in the European Community, Volume 2B, Notice to Applicants, Medicinal Products for human use, Presentation and content of the dossier, Common Technical Document M42;
b
the scientific guidelines relating to the quality, safety and efficacy of medicinal products as adopted by the Committee for Medicinal Products for Human Use and published by the EMA and the other pharmaceutical Community guidelines published by the European Commission in the different volumes of the rules governing medicinal products in the European Community M43; and
c
guidelines published by the EMA for the purposes of paragraph 3.2.1.2 of Part I of Annex I to the 2001 Directive M44.
4
In paragraph (6), before sub-paragraph (a), insert—
za
regulation 50A (requirement for certain applications to include results of paediatric investigation plan);
zb
regulation 50E (application for paediatric use marketing authorisation);
zc
regulation 50F (other applications including paediatric indications);
zd
regulation 50G (applications relating to orphan medicinal products);
ze
regulation 50H (applications relating to advanced therapy medicinal products);
zf
regulation 50I (applications relating to conditional marketing authorisations);
zg
regulation 50J (applications relating to medicinal products containing or consisting of genetically modified organisms);
F4394A
In paragraph (6)—
a
for sub-paragraph (a), substitute—
a
regulation 51 (application for UKMA(NI) relating to generic medicinal products)
aa
regulation 51A (application for UKMA(GB) relating to generic medicinal products);
ab
regulation 51B (application for UKMA(UK) relating to generic medicinal products);
b
for sub-paragraph (b), substitute—
b
regulation 52 (application for UKMA(NI) relating to certain medicinal products that do not qualify as generic etc)
ba
regulation 52A (application for UKMA(GB) relating to certain medicinal products that do not qualify as generic etc);
bb
regulation 52B (application for UKMA(UK) relating to certain medicinal products that do not qualify as generic etc);
c
for sub-paragraph (c), substitute—
c
regulation 53 (application for UKMA(NI) relating to similar biological medicinal products)
ca
regulation 53A (application for UKMA(GB) relating to similar biological medicinal products);
cb
regulation 53B (application for UKMA(UK) relating to similar biological medicinal products);
5
After paragraph (6), insert—
7
The licensing authority may make appropriate arrangements with any EEA State or the EMA in order to obtain the information it considers necessary to satisfy itself that a product to be imported under a parallel import licence is essentially similar to a product that has been granted a UK marketing authorisation.
8
If the licensing authority makes arrangements under paragraph (7), it must publish a list of the EEA States or the organisation with which it has made such arrangements.
Amendment of Schedule 8 (material to accompany an application for a UK marketing authorisation)I15850
1
Schedule 8 M45 is amended as follows.
2
In paragraph 12—
a
in sub-paragraph (a), after “pharmacovigilance” insert “
who is ordinarily resident, and operates, in the United Kingdom F297or a member State”
;
F329b
for sub-paragraph (b) substitute—
b
the country (which must be either the United Kingdom or a member State) in which the appropriately qualified person resides and carries out his or her tasks;
F101c
for paragraph (e) substitute—
e
a reference to the physical location where the pharmacovigilance system master file for the medicinal product can be accessed electronically, which must be in the United Kingdom.
3
For paragraph 18 substitute—
F44918
Where—
a
in the case of a UKMA(NI) or a UKMA(UK), an application for authorisation for the medicinal product to be placed on the market is under consideration in one or more member States—
i
a list of the member State or States concerned, and
ii
in relation to each such application, a copy of the summary of the product characteristics, and the package leaflet, proposed by the applicant;
b
in the case of a medicinal product for sale or supply in Great Britain, an application for authorisation for the medicinal product to be placed on the market is under consideration in a country other than the United Kingdom, or by the EMA, notification of that fact.
F5564
In paragraph 19, for “a member State or by a third country” substitute “, in the case of a medicinal product for sale or supply in Northern Ireland, a member State or by a country other than an EEA State, or in the case of a medicinal product for sale or supply in Great Britain, by a country other than the United Kingdom or by the European Commission”.
F2935
In paragraph 20, after “Where” insert “, in the case of a medicinal product for sale or supply in Northern Ireland,”.
F1146
For paragraph 21 substitute—
21
Where an authorisation for the medicinal product to be placed on the market has been refused—
a
in the case of a medicinal product for sale or supply in Northern Ireland, by a member State or by a country other than an EEA State, or
b
in the case of a medicinal product for sale or supply in Great Britain, by a country other than the United Kingdom,
details of that decision and of the reasons for it.
F5627
In paragraph 22 for “A copy of any” substitute “In the case of a medicinal product for sale or supply in Northern Ireland, a copy of any”.
F3108
For paragraph 23 substitute—
23
For medicinal products included on the list referred to—
a
in the case of a medicinal product for sale or supply in Northern Ireland, in Article 23 of Regulation (EC) No 726/2004, the symbol and statement “▼ This medicinal product is subject to additional monitoring”, or
b
in the case of a medicinal product for sale or supply in Great Britain, in regulation 202A, the symbol and statement “▼ This medicinal product is subject to additional monitoring”.
9
After paragraph 25, insert—
25A
In the case of an advanced therapy medicinal product F106for sale or supply in Great Britain which contains cells or tissues, a detailed description of those cells or tissues and of their specific origin, including the species of animal in cases of non-human origin.
10
After paragraph 35, insert—
36
In the case of an advanced therapy medicinal product F188for sale or supply in Great Britain—
a
references in this Part of this Schedule to administration of a product include references to the advanced therapy medicinal product's use, application or implantation; and
b
descriptions, instructions and warnings must include explanatory drawings and pictures where necessary.
Amendment of Schedule 8A (material to accompany an application for a parallel import licence)I8751
Paragraph 6 of Schedule 8A M46 is amended as follows—
a
in sub-paragraph (a), after “pharmacovigilance” insert “
who resides and operates in the United Kingdom
”
;
b
omit sub-paragraph (b); and
c
in paragraph (e) at the end inset “or, if kept in electronic form, from which it can be accessed, which in either case, must be in the United Kingdom”.
F19Insertion of new Schedule 8C in relation to material to accompany unfettered access applicationsI23251A
Schedule 2A inserts a new Schedule 8C after Schedule 8B.
Amendment of Schedule 9 (undertakings by non-United Kingdom manufacturers)I18952
1
Schedule 9 is amended as follows.
2
In the heading, for “EEA” substitute “
United Kingdom
”
.
3
In each place where it occurs, insert “
UK
”
before “marketing authorisation”.
New regulation 50A to 50J (applications in relation to particular medicinal products)I7653
After regulation 50, insert—
Requirement for certain applications to include results of paediatric investigation plan50A
1
This regulation applies in relation to an application—
a
under regulation 49 for a F109UKMA(GB) or UKMA(UK) for a relevant medicinal product which is an initial marketing authorisation for the purposes of a global marketing authorisation, as described in regulation 48(5), or
b
under regulation 49 or 65C for a new indication (including a paediatric indication), a new pharmaceutical form or a new route of administration in relation to a relevant medicinal product which is already the subject of a F109UKMA(GB) or UKMA(UK).
2
Paragraph (1)(b) only applies if the medicinal product in relation to which the new indication, new pharmaceutical form or new route of administration is sought is protected in the United Kingdom by a supplementary protection certificate or a patent which qualifies for the granting in the United Kingdom of a supplementary protection certificate.
3
An applicant making an application to which this regulation applies must, in addition to the material specified in regulation 50, or in Schedule 10A, provide to the licensing authority the results of all studies performed, and details of all information collected, in compliance with an agreed paediatric investigation plan.
4
Where paragraph (1)(b) applies, the material provided pursuant to paragraph (3) must cover both the existing and new indication, pharmaceutical form or route of administration.
5
Paragraph (3) does not apply–
a
to the extent that the licensing authority has, in relation to all or part of the paediatric population, granted—
i
a deferral under regulation 50C of the initiation or completion of some or all of the measures set out in a paediatric investigation plan, or
ii
a waiver under regulation 50D of the obligation to produce the information referred to in paragraph (3); or
b
if one of regulations 51 to 54 applies to the application.
6
The applicant making an application to which this regulation applies must include in the application details of the measures intended to ensure the follow up of efficacy and of possible adverse reactions to the paediatric use of the medicinal product.
F5687
In the case of an application for a UKMA(GB) under the unfettered access route, an agreed paediatric investigation plan in respect of the product’s marketing authorisation in Northern Ireland applies also to that application as regards the UK marketing authorisation.
8
This regulation does not remove, in respect of an application for a UKMA(UK), the obligation also to comply with the requirements of the Paediatric Regulation in connection with the agreement of, and compliance with, an EU agreed paediatric investigation plan in relation to Northern Ireland.
Agreement and modification of paediatric investigation plan50B
1
Any person may prepare a paediatric investigation plan F88for the purposes of an application to which regulation 50A applies and submit it to the licensing authority with a request for agreement.
2
A paediatric investigation plan must—
a
specify the timing and measures proposed to assess the safety, quality and efficacy of a medicinal product in the paediatric population; and
b
describe any measures to adapt the formulation of the medicinal product so as to make its use more acceptable, easier, safer or more effective for different subsets of the paediatric population.
3
A person who requests the agreement of a paediatric investigation plan must submit it to the licensing authority not later than upon completion of the human pharmaco-kinetic studies in adults in relation to the medicinal product to which the plan relates, as specified in section 5.2.3 of Part I of Annex I to the 2001 Directive, unless the licensing authority agrees to accept a later request.
4
The licensing authority may request the person applying for agreement of a paediatric investigation plan to supply further information in relation to the plan or to submit proposed modifications to it.
5
The licensing authority must decide whether or not—
a
the proposed studies will ensure the generation of the necessary data determining the conditions in which the medicinal product may be used to treat the paediatric population or subsets of it; and
b
the expected therapeutic benefits of the medicinal product justify the studies proposed; and
in doing so must consider whether or not the measures proposed to adapt the formulation of the medicinal product for use in different subsets of the paediatric population are appropriate.
6
If, following a decision by the licensing authority to agree a paediatric investigation plan, the person carrying out the plan encounters such difficulties with its implementation as to render the plan unworkable or no longer appropriate, that person may propose changes or request a deferral or a waiver, by submitting a request to the licensing authority, explaining the grounds for the request.
7
Schedule 11 makes provision about advice and representations in relation to proposals to agree, or to refuse to agree, a paediatric investigation plan under paragraph (5) or to grant, or to refuse to grant, a deferral or waiver requested under paragraph (6).
Deferral of initiation or completion of measures in paediatric investigation plan50C
1
At the same time as the paediatric investigation plan is submitted under regulation 50B(1), the person requesting agreement of it may request the agreement of the licensing authority to a deferral of the initiation or completion of some or all of the measures set out in the plan.
2
If the licensing authority is satisfied that a deferral of the initiation or completion of some or all of the measures set out in a paediatric investigation plan can be justified on scientific and technical grounds, or on grounds related to public health, it may—
a
agree to a request by the applicant to grant a deferral; or
b
decide of its own motion to grant a deferral.
3
If the licensing authority is satisfied as set out in paragraph (2), it must decide to grant a deferral where it is satisfied that—
a
it is appropriate to conduct studies in adults prior to initiating studies in the paediatric population; or
b
studies in the paediatric population will take longer to conduct than studies in adults.
4
If the licensing authority grants an application to which regulation 50A applies, it must, if it also grants a deferral in accordance with this regulation—
a
record that fact in the product's summary of product characteristics, and, if it considers that it would be appropriate to do so, in the package leaflet; and
b
specify in the document notifying the applicant of the grant of the deferral the time limits for the initiation or completion of the measures to which the deferral relates.
5
Schedule 11 makes provision about advice and representations in relation to proposals to grant, or to refuse to grant, a deferral under paragraph (2) or (3).
Waiver of production of information in a paediatric investigation plan50D
1
The applicant making an application to which regulation 50A applies is exempt from the obligation to provide to the licensing authority the results of all studies performed, and details of all information collected, in compliance with an agreed paediatric investigation plan, if a waiver is granted in accordance with this regulation.
2
The licensing authority may grant a waiver in accordance with this regulation if it is satisfied that there is evidence showing that—
a
the medicinal product or class of medicinal products is likely to be ineffective or unsafe in all or part of the paediatric population;
b
the disease or condition for which the medicinal product or class of medicinal products is intended occurs only in adult populations; or
c
the medicinal product does not represent a significant therapeutic benefit over existing treatments for patients in the paediatric population.
3
The licensing authority may grant a waiver in accordance with this regulation—
a
in respect of the entire paediatric population, or a subset of it;
b
in respect of all of the therapeutic indications for the medicinal product concerned, or only some of them;
c
of its own motion, or at the request of the applicant; or
d
in respect of a specific product or a class of medicinal products.
4
A person who requests a waiver in accordance with this regulation must submit the request to the licensing authority not later than upon completion of the human pharmaco-kinetic studies in adults in relation to the medicinal product concerned, as specified in section 5.2.3 of Part I of Annex I to the 2001 Directive, unless the licensing authority agrees to accept a later application.
5
The licensing authority must maintain and publish a list of waivers which are granted under this regulation in respect of a class of medicinal products.
6
The licensing authority may review a waiver which it has granted under this regulation and may revoke it if it considers it appropriate, having regard to the matters specified in paragraph (2).
7
If the licensing authority revokes a waiver granted under this regulation, the holder of the UK marketing authorisation to which the waiver relates must, at the end of the period of 36 months beginning with the date of publication of the decision to revoke the waiver, submit the information referred to in regulation 50A(3) to the licensing authority.
8
If the licensing authority grants an application to which regulation 50A applies, it must, if it also grants a waiver in accordance with this regulation, record that fact in the product's summary of product characteristics, and, if it considers that it would be appropriate to do so, in the package leaflet.
9
Schedule 11 makes provision about advice and representations in relation to proposals to grant, or to refuse to grant, a waiver in response to a request made in accordance with paragraph (4) and to revoke a waiver under paragraph (6).
Application for paediatric use marketing authorisation50E
1
This regulation applies in relation to an application for a F395UKMA(GB) or UKMA(UK)—
a
for a relevant medicinal product which is not protected in the United Kingdom by a supplementary protection certificate or by a patent which qualifies for the granting of a supplementary protection certificate; and
b
which covers exclusively therapeutic indications which are relevant for use in the paediatric population, or subsets of it, including the appropriate strength, pharmaceutical form or route of administration for that product.
2
The applicant for a UK marketing authorisation to which this regulation applies must, in addition to the material specified in regulation 50, provide to the licensing authority material necessary to establish the quality, safety and efficacy of the product in the paediatric population, including any specific data needed to support an appropriate strength, pharmaceutical form or route of administration for the product, in accordance with an agreed paediatric investigation plan.
3
An application to which this regulation applies may, in accordance with regulations 51 to 55, refer to material supplied by the holder of a UK marketing authorisation.
4
The applicant for a UK marketing authorisation to which this regulation applies must include in the application details of the measures intended to ensure the follow up of efficacy and of possible adverse reactions to the paediatric use of the medicinal product.
F4265
This regulation does not remove, in respect of an application for a UKMA(UK), the obligation also to comply with the requirements of the Paediatric Regulation in connection with the agreement of, and compliance with, an EU agreed paediatric investigation plan in relation to Northern Ireland.
Other applications including paediatric indications50F
1
This regulation applies in relation to an application to which neither regulation 50A nor 50E applies and which is—
a
an application for a F463UKMA(GB) for a relevant medicinal product which includes a paediatric indication; or
b
an application to include a paediatric indication in an existing F463UKMA(GB).
2
The applicant making an application to which this regulation applies must include in the application details of the measures intended to ensure the follow up of efficacy and of possible adverse reactions to the paediatric use of the medicinal product.
Applications relating to orphan medicinal products50G
F441
This regulation applies in relation to an application for a UK marketing authorisation for a relevant medicinal product—
a
in relation to which the applicant intends to demonstrate that the orphan criteria are met, and
b
which, in the case of an application for a UKMA(NI) or a UKMA(UK), is not a medicinal product designated as an orphan medicinal product in accordance with the Orphan Regulation.
2
The orphan criteria are that—
a
the medicinal product is intended for the diagnosis, prevention or treatment of a life-threatening or chronically debilitating condition;
b
either—
i
the condition referred to in sub-paragraph (a) affects not more than five in 10,000 persons in F480Great Britain; or
ii
the medicinal product is unlikely, when marketed, to generate sufficient financial return to justify the necessary investment; and
c
there exists no satisfactory method of diagnosis, prevention or treatment of the condition in question that has been authorised in F480Great Britain, or if such method exists, the medicinal product will be of significant benefit to those affected by the condition.
3
The applicant for a UK marketing authorisation to which this regulation applies must, in addition to the material specified in regulation 50, provide to the licensing authority material that demonstrates that the orphan criteria are met.
4
Schedule 9A makes further provision about the orphan criteria and terms used in regulation 58D.
5
The Ministers may by regulations amend Schedule 9A.
Applications relating to advanced therapy medicinal products50H
1
This regulation applies in relation to an application for a F258UKMA(GB) for a relevant medicinal product which is an advanced therapy medicinal product.
2
The applicant for a UK marketing authorisation to which this regulation applies must, in addition to the material specified in regulation 50, provide to the licensing authority information about the measures the applicant envisages putting in place to ensure the follow up of the efficacy of the product and of any adverse reactions to it.
3
In relation to an application for a F258UKMA(GB) for a combined advanced therapy medicinal product, the applicant must, in addition to the material specified in regulation 50 and paragraph (2), provide to the licensing authority evidence of conformity with the requirements of the Medical Devices Regulations 2002 M47, including, where available, the results of the assessment of a notified body in accordance with those Regulations.
Applications relating to conditional marketing authorisations F192for sale or supply in Great Britain only50I
1
This regulation applies in relation to an application for a F166UKMA(GB) for a relevant medicinal product which falls within paragraph (2).
2
A relevant medicinal product falls within this paragraph if it is—
a
aimed at the treatment, prevention or diagnosis of seriously debilitating or life-threatening diseases; or
b
to be used in emergency situations, in response to public health threats.
3
The applicant for a UK marketing authorisation to which this regulation applies may request that the licensing authority grant a conditional marketing authorisation if—
a
comprehensive clinical data referring to the safety and efficacy of the medicinal product have not been supplied; and
b
the applicant can demonstrate that—
i
the positive therapeutic effects of the product outweigh the risks to the health of patients or of the public associated with the product,
ii
it is likely that the applicant will be in a position to provide the comprehensive clinical data,
iii
unmet medical needs will be fulfilled, and
iv
the benefit to the public health of the immediate availability on the market of the medicinal product concerned outweighs the risk inherent in the fact that additional data are still required.
4
In this regulation, “unmet medical needs” means medical needs in relation to a condition for which there exists no satisfactory method of diagnosis, prevention or treatment authorised in the United Kingdom, or, even if such method exists, in relation to which the medicinal product concerned will be of major therapeutic advantage to those affected.
5
The applicant for a UK marketing authorisation to which this regulation applies must include in the application material which demonstrates that the criteria in paragraph (3)(b) are met.
Applications in relation to medicinal products containing or consisting of genetically modified organisms50J
1
This regulation applies in relation to an application for a UK marketing authorisation for a relevant medicinal product which contains or consists of genetically modified organisms.
2
The applicant for a UK marketing authorisation to which this regulation applies must, in addition to the material specified in regulation 50, provide to the licensing authority—
a
a copy of the consent to the deliberate release into the environment of the genetically modified organisms for research and development purposes given pursuant to—
i
regulation 21 of the Genetically Modified Organisms (Deliberate Release) Regulations 2002 M48,
ii
regulation 22 of the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 M49,
iii
regulation 21 of the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 M50, or
iv
regulation 21 of the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 M51;
b
a complete technical dossier supplying the information specified in Annexes III and IV to Directive 2001/18/EC;
c
an environmental risk assessment in accordance with the principles set out in Annex II to Directive 2001/18/EC; and
d
the results of any investigations performed for the purposes of research or development.
3
In this regulation, “genetically modified organism” has the meaning given in Article 2(2) of Directive 2001/18/EC.
Insertion of new Schedule in relation to orphan provisionsI14654
Schedule 4 inserts a new Schedule 9A after Schedule 9.
Amendment of Schedule 10 (national homoeopathic products)I18155
In paragraph 4(4)(a) of Schedule 10 (exceptions to requirement to submit safety data) insert “
UK
”
before “marketing authorisation”.
F224Substitution of regulation 51 (applications relating to generic medicinal products)I21256
For regulation 51 substitute—
Application for UKMA(NI) relating to generic medicinal products51
1
An applicant for a UKMA(NI) for a relevant medicinal product that is a generic medicinal product may provide information in relation to the application in accordance with Article 10(1), (5) and (6) of the 2001 Directive.
2
If the licensing authority grants a UKMA(NI) for the generic medicinal product in accordance with paragraph (1), it is a term of the authorisation that the product must not be sold or supplied, or offered for sale or supply, in Northern Ireland before the time at which it may be placed on the market in accordance with Article 10(1) of the 2001 Directive as modified by paragraph (3).
3
The second subparagraph of Article 10(1) of the 2001 Directive has effect with the exception described in paragraph (4).
4
Where—
a
ten years have elapsed since a UK marketing authorisation was granted otherwise than under Chapter 4 of Title III to the 2001 Directive in relation to the reference medicinal product;
b
in relation to that product there is—
i
an EU marketing authorisation, or
ii
a UKMA(NI) which was granted under that Chapter; and
c
a period of ten years has not elapsed since the authorisation mentioned in sub-paragraph (b) for sale or supply of that product in the European Union,
the product may not be made available for sale or supply in Northern Ireland until the period mentioned in sub-paragraph (c) has elapsed.
Application for UKMA(GB) relating to generic medicinal products51A
1
An applicant for a UKMA(GB) for a generic medicinal product may, by way of derogation from paragraph 10 of Schedule 8, omit from the application the results of pre-clinical tests and of clinical trials if the applicant can demonstrate that the medicinal product is a generic of a reference medicinal product authorised for sale or supply in Great Britain which is or has been authorised for not less than eight years—
a
under regulation 49(1)(a); or
b
if the product is an EU reference medicinal product, under Regulation (EC) No 726/2004.
2
In the case of an application under this regulation in relation to a salt, ester, ether, isomer, mixture of isomers, complex or derivative of an authorised active substance which differs significantly in properties with regard to safety or efficacy from the active substance in the reference medicinal product, the applicant must supply additional information providing proof of the safety or efficacy of the salt, ester, ether, isomer, mixture of isomers, complex or derivative.
3
The applicant may omit bioavailability studies from an application under this regulation if the applicant can demonstrate that the generic medicinal product meets the relevant criteria as specified in the guidelines referred to in paragraph (4).
4
The licensing authority may publish guidelines specifying the criteria to be met by generic medicinal products for the purpose of omitting bioavailability studies from an application in accordance with paragraph (3).
5
Until replaced by guidelines published under paragraph (4), the guidelines published by the EMA under Article 10(2)(b) of the 2001 Directive continue to apply on and after IP completion day as they applied immediately before IP completion day (subject to any amendments or variations published under paragraph (4)).
6
If the licensing authority grants a UKMA(GB) in relation to the generic medicinal product in accordance with paragraph (1), it is a term of the authorisation that the product must not be sold or supplied, or offered for sale or supply, in Great Britain before the expiry of ten years beginning with the date on which the marketing authorisation for the reference medicinal product entered into force.
7
Paragraph (8) applies where an EU reference medicinal product which falls within paragraph (b)(ii) of the definition of “reference medicinal product” is used as a reference medicinal product for the purposes of this regulation.
8
Where this paragraph applies, the terms of the marketing authorisation of the EU reference medicinal product are treated as being the terms of the product’s EU marketing authorisation as they stood immediately before IP completion day.
9
Paragraph (10) applies if—
a
during the first eight of the ten years referred to in paragraph (6) the marketing authorisation holder for the reference medicinal product obtained a UKMA(GB) or a UKMA(UK) for one or more new therapeutic indications; and
b
during the scientific evaluation prior to their authorisation, the licensing authority considers the new indications bring a significant clinical benefit in comparison with existing therapies.
10
Where this paragraph applies, the period of ten years referred to in paragraph (6) is extended to eleven years.
11
Paragraph (12) applies where—
a
an application for the grant or variation of a UKMA(GB) is made in relation to a new indication for a well-established substance; and
b
significant pre-clinical or clinical studies were carried out in relation to the new indication.
12
Where this paragraph applies, the applicant for a UKMA(GB) under paragraph (1) or regulation 52A or 53A may not refer in its application to the studies mentioned in paragraph (11)(b) for the period of one year beginning on the date on which the licensing authority grants or varies a UKMA(GB) in relation to the new indication.
Application for UKMA(UK) relating to generic medicinal products51B
1
This regulation applies in relation to an application for a UKMA(UK) for a generic medicinal product.
2
Where the application relies on a reference medicinal product which is the subject of—
a
a UKMA(UK), the provisions of regulation 51(1) and (2) apply in respect of the application;
b
a separate UKMA(GB) and UKMA(NI), paragraphs (3) to (5) apply.
3
The applicant may, by way of derogation from paragraph 10 of Schedule 8, omit from the application the results of pre-clinical tests and of clinical trials only after the expiry of both—
a
the period referenced in the applicable Article referred to in regulation 51(1), in relation to the UKMA(NI) for the reference medicinal product; and
b
the period specified in regulation 51A(1), in relation to the UKMA(GB) for the reference medicinal product.
4
In the case of an application under paragraph (3) in relation to a salt, ester, ether, isomer, mixture of isomers, complex or derivative of an authorised active substance which differs significantly in properties with regard to safety or efficacy from the active substance in the reference medicinal product, the applicant must supply additional information providing proof of the safety or efficacy of the salt, ester, ether, isomer, mixture of isomers, complex or derivative.
5
If the licensing authority grants a UK marketing authorisation in relation to the generic medicinal product in accordance with paragraph (3), it is a term of the authorisation that the product must not be sold or supplied, or offered for sale or supply, in the United Kingdom before the expiry of both—
a
the period specified in regulation 51(2), in relation to the UKMA(NI) for the reference medicinal product; and
b
the period specified in regulation 51A(6) or (where applicable) 51A(10), in relation to the UKMA(GB) for the reference medicinal product.
6
Paragraph (7) applies where—
a
an application for the grant or variation of a UKMA(UK) is made in relation to a new indication for a well-established substance; and
b
significant pre-clinical or clinical studies were carried out in relation to the new indication.
7
Where this paragraph applies, the applicant for a UKMA(UK) under paragraph (1) or regulation 52B or 53B may not refer in its application to the studies mentioned in paragraph (6)(b) for the period of one year beginning on the date on which the licensing authority grants or varies a UKMA(UK) in relation to the new indication.
F535Substitution of regulation 52 (applications relating to certain medicinal products that do not qualify as generic etc)I26657
For regulation 52 substitute—
Application for UKMA(NI) relating to certain medicinal products that do not qualify as generic etc52
1
This regulation applies where—
a
an application is made for a UKMA(NI) by reference to another medicinal product as reference medicinal product; and
b
one or more of the circumstances listed in Article 10(3) of the 2001 Directive applies in respect of the application.
2
The applicant must provide information in accordance with Article 10(3) and (6) of the 2001 Directive.
3
Paragraphs (2) to (4) of regulation 51 apply to the application as they apply in relation to an application made in accordance with paragraph (1) of that regulation.
Application for UKMA(GB) relating to certain medicinal products that do not qualify as generic etc52A
1
This regulation applies where—
a
an application is made for a UKMA(GB) in respect of a product by reference to another medicinal product as reference medicinal product which is or has been authorised for sale or supply in Great Britain for not less than eight years—
i
under regulation 49(1)(a); or
ii
if the product is an EU reference medicinal product, under Regulation (EC) No 726/2004; and
b
one or more of the following circumstances applies in respect of the application—
i
the medicinal product to which the application relates does not fall within the definition of generic medicinal product,
ii
bioequivalence with the reference medicinal product cannot be demonstrated through bioavailability studies, or
iii
the medicinal product to which the application relates differs from the reference medicinal product in terms of changes in the active substance, therapeutic indications, strength, pharmaceutical form or route of administration.
2
The applicant—
a
may, by way of derogation from paragraph 10 of Schedule 8, omit from the application the results of pre-clinical tests and of clinical trials relating to the reference medicinal product; but
b
must provide the results of the appropriate pre-clinical tests or clinical trials relating to the applicable circumstance in paragraph (1)(b).
3
Paragraphs (2) to (10) of regulation 51A apply to the application as they apply in relation to an application made in accordance with paragraph (1) of that regulation.
Application for UKMA(UK) relating to certain medicinal products that do not qualify as generic etc52B
1
This regulation applies in relation to an application for a UKMA(UK) in respect of a product by reference to another medicinal product as reference medicinal product.
2
Where the application relies on a reference medicinal product which is the subject of—
a
a UKMA(UK), the provisions of regulation 52(1) and (2) apply in respect of the application;
b
a separate UKMA(GB) and UKMA(NI), paragraphs (3) to (5) apply.
3
Subject to paragraph (4), the applicant may, by way of derogation from paragraph 10 of Schedule 8, omit from the application the results of pre-clinical tests and of clinical trials only after the expiry of both—
a
the period referenced in the applicable Article referred to regulation 52(1), in relation to the UKMA(NI) for the reference medicinal product; and
b
the period specified in regulation 52A(1), in relation to the UKMA(GB) for the reference medicinal product.
4
Where one or more of the following circumstances applies in respect of the application—
a
the medicinal product to which the application relates does not fall within the definition of generic medicinal product,
b
bioequivalence with the reference medicinal product cannot be demonstrated through bioavailability studies, or
c
the medicinal product to which the application relates differs from the reference medicinal product in terms of changes in the active substance, therapeutic indications, strength, pharmaceutical form or route of administration,
the applicant must provide the results of the appropriate pre-clinical tests or clinical trials relating to the applicable circumstance.
5
Paragraphs (4) and (5) of regulation 51B apply to the application as they apply in relation to an application made in accordance with paragraph (3) of that regulation.
F35Substitution of regulation 53 (applications relating to similar biological medicinal products)I25158
For regulation 53 substitute—
Application for UKMA(NI) relating to similar biological medicinal products53
1
This regulation applies if an applicant for a UKMA(NI) for a biological medicinal product is not able to show that product meets a condition for its being a generic version of a similar medicinal product because of any of the reasons described in Article 10(4) of the 2001 Directive.
2
The applicant must provide information in accordance with Article 10(4) and (6) of the 2001 Directive.
3
Paragraphs (2) to (4) of regulation 51 apply to the application as they apply in relation to an application made in accordance with paragraph (1) of that regulation.
Application for UKMA(GB) relating to similar biological medicinal products53A
1
This regulation applies if an applicant for a UKMA(GB) for a biological medicinal product is not able to show that product meets a condition for its being a generic version of a similar medicinal product because of differences relating to raw materials or differences in manufacturing processes of the biological medicinal product and the reference medicinal product.
2
The applicant—
a
may, by way of derogation from paragraph 10 of Schedule 8, omit from the application the results of pre-clinical tests and of clinical trials relating to a reference medicinal product which is or has been authorised for not less than eight years—
i
under regulation 49(1)(a), or
ii
if the reference medicinal product is an EU reference medicinal product, under Regulation (EC) No 726/2004; but
b
must provide the results of appropriate pre-clinical tests or clinical trials relating to the differences referred to in paragraph (1).
3
The type and quantity of supplementary data to be provided by the applicant under paragraph (2)(b) must comply with the relevant criteria in Annex I to the 2001 Directive and in the related detailed guidelines published by the licensing authority under paragraph (4), or (as the case may be) as mentioned in paragraph (5).
4
The licensing authority may publish guidelines concerning the type and quantity of supplementary data to be provided by an applicant under paragraph (2)(b).
5
Unless replaced by guidelines published under paragraph (4), the guidelines published by the EMA under Article 10(4) of the 2001 Directive continue to apply on and after IP completion day as they applied immediately before IP completion day (subject to any amendments or variations published under that paragraph).
6
Paragraphs (4) to (12) of regulation 51A apply to the application as they apply in relation to an application made in accordance with paragraph (1) of that regulation.
Application for UKMA(UK) relating to similar biological medicinal products53B
1
This regulation applies in relation to an application for a UKMA(UK) for a biological medicinal product.
2
Where the application relies on a reference medicinal product which is the subject of—
a
a UKMA(UK), the provisions of regulation 53 apply in respect of the application;
b
a separate UKMA(GB) and UKMA(NI), paragraphs (3) to (5) apply.
3
Subject to paragraph (4), the applicant may, by way of derogation from paragraph 10 of Schedule 8, omit from the application the results of pre-clinical tests and of clinical trials only after the expiry of both—
a
the period referenced in the applicable Article referred to regulation 53(1), in relation to the UKMA(NI) for the reference medicinal product; and
b
the period specified in regulation 53A(1), in relation to the UKMA(GB) for the reference medicinal product.
4
Where the applicant for a biological medicinal product is not able to show that product meets a condition for its being a generic version of a similar medicinal product because of differences relating to raw materials or differences in manufacturing processes of the biological medicinal product and the reference medicinal product, the applicant must provide the results of the appropriate pre-clinical tests or clinical trials relating to the differences.
5
The type and quantity of supplementary data to be provided by the applicant under paragraph (4) must comply with the relevant criteria in Annex I to the 2001 Directive and in the related detailed guidelines published by the licensing authority under paragraph (6), or (as the case may be) as mentioned in paragraph (7).
6
The licensing authority may publish guidelines concerning the type and quantity of supplementary data to be provided by an applicant under paragraph (4).
7
Unless replaced by guidelines published under paragraph (6), the guidelines published by the EMA under Article 10(4) of the 2001 Directive continue to apply on and after IP completion day as they applied immediately before IP completion day (subject to any amendments or variations published under that paragraph).
8
Paragraphs (4) and (5) of regulation 51B apply to the application as they apply in relation to an application made in accordance with paragraph (1) of that regulation.
Amendment of regulation 54 (applications relating to products in well-established medicinal use)I3259
1
Regulation 54 is amended as follows.
2
In paragraph (1) before “European Union”, insert “
United Kingdom or the
”
.
3
For paragraph (2), substitute—
2
The applicant may, by way of derogation from paragraph 10 of Schedule 8, replace the results of pre-clinical tests or clinical trials with appropriate scientific literature.
F362Substitution of regulation 55 (applications relating to new combinations of active substances)I25660
For regulation 55 substitute—
55
1
This regulation applies to an application for a UK marketing authorisation for a relevant medicinal product that contains active substances, provided those active substances—
a
have not been used in that combination for therapeutic purposes; and
b
where the application is for—
i
a UKMA(NI), have been used in medicinal products that have been the subject of a marketing authorisation under these Regulations, the 2001 Directive or Regulation (EC) No 726/2004;
ii
a UKMA(GB), have been used in medicinal products that have been the subject of a marketing authorisation under these Regulations; or
iii
a UKMA(UK), have been used in medicinal products that have been the subject of—
aa
a UKMA(UK) under these Regulations; or
bb
a relevant Northern Ireland authorisation.
2
The applicant must provide the results of new pre-clinical tests or new clinical trials relating to that combination in accordance with paragraph 10 of Schedule 8, but does not need to provide scientific references relating to each individual active substance.
3
In paragraph (1), “relevant Northern Ireland authorisation” means—
a
a UKMA(NI) under these Regulations;
b
a marketing authorisation under the 2001 Directive; or
c
an EU marketing authorisation,
which authorises the sale or supply of a medicinal product in Northern Ireland.
Amendment of regulation 56 (applications containing information supplied in relation to another product with consent)I2561
In regulation 56(2), omit “in accordance with Article 10c of the 2001 Directive”.
Amendment of regulation 58 (consideration of application)I8462
1
Regulation 58 is amended as follows.
2
After paragraph (4), insert—
F5084A
When considering an application for a UK marketing authorisation, the licensing authority may, if it considers it appropriate, have regard to—
a
an opinion of the Committee for Medicinal Products for Human Use; or
b
the results of an assessment of an application for a marketing authorisation by the appropriate authority for the licensing of medicinal products of a country other than the United Kingdom,
in respect of the medicinal product to which the application relates.
4B
The licensing authority may under paragraph (4A)—
a
decide to have regard to the opinions and assessments described in that paragraph in relation to certain types of medicinal products only;
b
determine and publish a list of the countries other than the United Kingdom whose assessments of applications for a marketing authorisation are relevant for the purposes of paragraph (4A)(b); and
c
decide to have regard to the assessments described in paragraph (4A)(b) in relation to medicinal products that have been authorised by way of certain procedures only.
4C
When considering an application for a UK marketing authorisation (other than an application under the unfettered access route), the licensing authority may, if it considers it appropriate and without undertaking further consideration, rely on a decision by the European Commission to authorise the medicinal product to which the application relates to establish that any or all of the conditions in paragraph (4)(a), (b) or (d) have been met.
3
Omit paragraphs (6) and (7).
F5544
After paragraph (7) insert—
8
In the case of an application under the unfettered access route, the licensing authority may grant a UKMA(GB) (notwithstanding paragraph (4)) where the licensing authority—
a
has considered the application under the unfettered access route and the accompanying material,
b
is satisfied that the applicant has complied with the application requirements, and
c
is satisfied that the conditions in regulation 50 will continue to be met.
9
The licencing authority may refuse to grant an application under the unfettered access route where it is of the opinion that it would represent a risk to public health to do so.
Amendment of Schedule 11 (advice and representations)I15263
1
Schedule 11 is amended as follows.
2
In paragraph 1 (application of Part 1)—
a
in sub-paragraph (1)—
i
in sub-paragraph (b) omit “and”, and
F465ii
at the end insert—
and;
d
a proposal to decide that the orphan criteria are not met in relation to a medicinal product which is the subject of an application for the grant of a UK marketing authorisation.
b
after sub-paragraph (1) insert—
1A
Paragraphs 12 and 13 of this Part also apply to—
a
an application for the grant of a parallel import licence;
b
an application to renew a parallel import licence;
c
a proposal to revoke, vary or suspend a parallel import licence (including variation by the variation or removal of a condition to which a parallel import licence is subject) other than a proposal to vary the licence on the application of or by agreement with its holder; and
d
a refusal to vary a parallel import licence following an application for a variation by the holder.
F102c
for sub-paragraph (2) substitute—
2
In relation to an application for a UKMA(NI) or THR(NI), this Part is subject to Part 4 of this Schedule.
F1422A
In paragraph 2 (requirement to consult the appropriate committee), after sub-paragraph (2), insert—
2A
The licensing authority must consult the appropriate committee if the authority proposes to decide that the orphan criteria are not met in relation to a medicinal product which is the subject of an application for the grant of a UK marketing authorisation.
2B
In paragraph 3 (exceptions to requirement to consult)—
a
in sub-paragraph (1), after “traditional herbal registration” insert “
, or to a proposal to decide that the orphan criteria are not met in relation to a medicinal product which is the subject of an application for the grant of a UK marketing authorisation,
”
; and
b
in sub-paragraph (1)(a), after “determined”, insert “
or the decision to be made
”
.
2C
In paragraph 5 (provisional opinion against authorisation)—
a
after sub-paragraph (2), insert—
2A
If the appropriate committee is consulted under paragraph 2(2A), it may give a provisional opinion that it may be unable to advise the licensing authority to decide that the orphan criteria are met in relation to a medicinal product which is the subject of an application for the grant of a UK marketing authorisation.
b
in sub-paragraph (3), after “grant or renewal”, insert “
, the applicant intending to demonstrate that the orphan criteria are met in relation to a medicinal product,
”
.
2D
In paragraph 10 (decision of licensing authority)—
a
omit the “or” at the end of sub-paragraph (1)(b); and
b
at the end of sub-paragraph (1)(c) insert—
; or
d
decide whether to proceed with its proposal to decide that the orphan criteria are not met in relation to a medicinal product which is the subject of an application for the grant of a UK marketing authorisation,
F863
In paragraph 12 (licensing authority decisions in other cases)—
a
in sub-paragraph (1), insert “
, parallel import licence
”
after “
UK marketing authorisation
”
in each place it appears;
b
in sub-paragraph (5), insert “
, licence
”
after “
the authorisation
”
; and
c
after sub-paragraph (4), insert—
4A
This paragraph also applies if, having been consulted under paragraph 2(2A), the appropriate committee has not given a provisional opinion in the terms described in paragraph 5(2A) and the licensing authority proposes to decide, against that committee's advice, that the orphan criteria are not met in relation to a medicinal product which is the subject of an application for the grant of a UK marketing authorisation.
F4893A
After Part 1 insert—
PART 1APaediatric Decisions
Application of this Part13A
This Part applies to a proposed decision by the licensing authority—
a
to refuse to agree a paediatric investigation plan (including a waiver or deferral proposed to be included in that plan), or to agree such a plan otherwise than in accordance with the request for agreement;
b
to refuse to agree a modification to a paediatric investigation plan (including a waiver or deferral which is, or is proposed to be, included in that plan), or to agree such a modification otherwise than in accordance with the request for the modification;
c
to impose, revoke or refuse to grant a waiver of the obligation under regulation 50A(3) to provide to the licensing authority the results of all studies performed, and details of all information collected, in compliance with an agreed paediatric investigation plan; or
d
to revoke a waiver which was agreed as part of an agreed paediatric investigation plan.
Opportunity to make representations13B
1
If the licensing authority proposes to make a decision to which this Part applies, the licensing authority must notify the person to whom the proposed decision would be addressed (“the applicant”).
2
The applicant may, by notice in writing to the licensing authority, request the opportunity to make written or oral representations to the appropriate committee.
3
The applicant must make the request before the end of the period of 28 days beginning with the day on which the notification is given or such longer period as the licensing authority may allow.
4
The licensing authority must inform the appropriate committee of the applicant's request.
Written representations13C
1
If the applicant requests the opportunity to make written representations, the applicant must provide the appropriate committee with those representations and any documents on which the applicant wishes to rely in support of them—
a
before the end of the period of 28 days beginning with the date of the request; or
b
before the end of such shorter period as the licensing authority may specify in the notification under paragraph 13B.
2
The appropriate committee may at the request of the applicant extend the period mentioned in sub-paragraph (1) up to a maximum of 56 days beginning with the date of the request under paragraph 13B.
3
The applicant may submit additional representations or documents after the end of the period for doing so only with the permission of the appropriate committee.
4
The appropriate committee must—
a
take the representations made under this paragraph into account; and
b
report its findings and advice to the licensing authority together with the reasons for that advice.
Oral representations13D
1
If the applicant requests the opportunity to make oral representations, the applicant must provide the appropriate committee with a written summary of those representations and any documents on which the applicant wishes to rely in support of them—
a
before the end of the period of 28 days beginning with the date of the request; or
b
before the end of such shorter period as the licensing authority may specify in the notification under paragraph 13B.
2
The appropriate committee may, at the request of the applicant, extend the period mentioned in sub-paragraph (1) up to a maximum of 56 days beginning with the date of the request under paragraph 13B.
3
The applicant may submit additional representations or documents after the end of the period for doing so only with the permission of the appropriate committee.
4
After receiving the summary and any other documents provided under this paragraph, the appropriate committee must arrange for the applicant to make oral representations at a hearing before the committee.
5
The appropriate committee must—
a
take the representations made under this paragraph into account; and
b
report its findings and advice to the licensing authority together with the reasons for that advice.
Other decisions of the appropriate committee13E
1
This paragraph applies if the applicant—
a
requests the opportunity to make written representations, but fails to make those representations within the period for doing so; or
b
requests the opportunity to make oral representations, but—
i
fails to provide a summary of those representations or the documents in support of them within the period for doing so, or
ii
fails to make oral representations at a hearing before the appropriate committee.
2
The appropriate committee must notify the licensing authority of that fact.
Decision of licensing authority13F
1
The licensing authority must decide whether to proceed with its proposed decision—
a
if the applicant requested the opportunity to make written or oral representations, after receiving the appropriate committee's report under paragraph 13C or 13D or notification under paragraph 13E; or
b
if the applicant did not request the opportunity to make written or oral representations, after the expiry of the period of time for notifying a request for that opportunity.
2
If the appropriate committee gives a report under paragraph 13C or 13D, the licensing authority must take that into account in making its decision.
3
The licensing authority must notify the applicant of—
a
its decision; and
b
any advice given to it by the appropriate committee and the reasons for that advice.
Right to review after paragraph 13F notification13G
1
This paragraph applies if the licensing authority notifies the applicant of its decision under paragraph 13F.
2
The applicant may notify the licensing authority in writing that the applicant wishes the licensing authority to submit the decision to review upon oral representations.
3
The applicant must give the notification before the end of the period of 28 days beginning with the day on which the notification is given to the applicant under paragraph 13F or such longer period as the licensing authority may allow.
4
The review must be conducted in accordance with Schedule 5.
5
This paragraph does not apply if the applicant has not made any representations in accordance with paragraph 13C or 13D.
F4114
In paragraph 14(a) (application of Part 2), after “veterinary medicinal products” insert “or paragraph 1 of Schedule 10A”.
5
In paragraph 15(2) and (3)(b), insert “
UK
”
before “marketing authorisation”.
6
In paragraph 16—
a
in sub-paragraph (2)(b), insert “
UK
”
before “marketing authorisation”; and
b
in sub-paragraph (5), omit the words from “or in any Directive” to the end.
F677
For paragraph 17 substitute—
17
In relation to an application for a UKMA(NI) or THR(NI), this Part is subject to Part 4 of this Schedule.
8
In Part 3 (referral to the Committee for Herbal Medicinal Products)—
a
in the heading to Part 3, for “Committee for Herbal Medicinal Products” substitute “
appropriate committee for traditional herbal registrations
”
;
b
in paragraph 24—
i
in sub-paragraph (1), for the words from “Committee” to the end substitute “
appropriate committee in accordance with regulation 130A(1)
”
; and
F17ii
for sub-paragraph (2) substitute—
2
In relation to an application for a UKMA(NI) or THR(NI), this Part is subject to Part 4 of this Schedule.
c
in paragraph 29(1), for “proceed with its proposal” substitute “
grant or refuse the application
”
.
F239
In Part 4 (exceptions to Schedule) omit paragraphs 31, 34, 35, 37 and 38.
Insertion of provisions concerning consideration of certain applications for UK marketing authorisationsI10664
After regulation 58, insert—
Paediatric rewards58A
F2311
Paragraph (2) applies if—
a
an application—
i
to which regulation 50A (requirement for certain applications to include the results of a paediatric investigation plan) applies, and in relation to which there is an agreed paediatric investigation plan; or
ii
to which Article 7 or 8 of the Paediatric Regulation applies, and in relation to which there is an EU agreed paediatric investigation plan,
is granted by the licensing authority; and
b
the licensing authority is satisfied that the material provided by the applicant pursuant to—
i
regulation 50A(3), where paragraph (1)(a)(i) applies; or
ii
Article 7 or 8 of the Paediatric Regulation, where paragraph (1)(a)(ii) applies,
demonstrates compliance with the agreed paediatric investigation plan.
2
Where this paragraph applies, the licensing authority must—
a
include in the UK marketing authorisation a statement to the effect that it is satisfied as set out in paragraph (1)(b); and
b
ensure that the results of all studies referred to in the paediatric investigation plan are included in the summary of product characteristics and, if the licensing authority considers that the information would be useful to patients, in the package leaflet.
F1723
Where—
a
paragraph (2) applies; or
b
an application to which Article 7 or 8 of the Paediatric Regulation applies—
i
includes the results of all studies conducted in compliance with an EU agreed paediatric investigation plan; or
ii
confirms completion of an EU agreed paediatric investigation plan which failed to lead to the authorisation of a paediatric indication, but the results of the studies conducted are reflected in the summary of product characteristics and, if appropriate, the package leaflet of the medicinal product,
the holder of a patent or supplementary protection certificate covering the medicinal product to which the application relates is entitled to a six month extension of the period referred to in Articles 13(1) and 13(3) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (subject to paragraphs (4) to (5)).
4
Paragraph (3) does not apply if the grant of the application referred to in paragraph (1)(a)—
a
relates to a new paediatric indication; and
F453b
the holder of the UK marketing authorisation is entitled to a one year extension of the ten year period referred to in regulation 51A(6), under regulation 51A(12).
F3114A
Paragraph (3) does not apply where—
a
the territorial protection conferred by the supplementary protection certificate referred to in paragraph (3) does not cover the whole of the United Kingdom; and
b
the UK marketing authorisation in which the statement of compliance is included is not in force in the same part of the United Kingdom as the supplementary protection certificate.
4B
Where—
a
the territorial protection conferred by the supplementary protection certificate referred to in paragraph (3) does cover the whole of the United Kingdom; and
b
the UK marketing authorisation in which the statement of compliance is included is in force in in Great Britain only or in Northern Ireland only,
the extension provided for in paragraph (3) only applies in relation to Great Britain only or Northern Ireland only (as appropriate).
5
If the UK marketing authorisation to which this regulation applies is an orphan marketing authorisation, paragraph (3) does not apply and regulation 58D(5) (orphan rewards) applies.
6
Paragraphs (7) and (8) apply if the licensing authority grants a UK marketing authorisation in response to an application to which regulation 50E (paediatric use marketing authorisation) applies.
7
Where this paragraph applies, the medicinal product to which the paediatric use marketing authorisation relates may retain the name of any medicinal product which contains the same active substance and in respect of which the holder of the paediatric use marketing authorisation has been granted a UK marketing authorisation for use in adults.
8
Where this paragraph applies, the holder of the paediatric use marketing authorisation is entitled to benefit from the periods of data and marketing exclusivity referred to in F128regulation 51A(1) and (6) in relation to the material supplied pursuant to regulation 50E(2).
Publication of information relating to paediatric marketing authorisations58B
1
The licensing authority must publish a register of UK marketing authorisations—
a
which include a paediatric indication following completion of an F164agreed paediatric investigation plan; and
b
in relation to which the medicinal product was placed on the market for other indications before the holder obtained that paediatric indication.
2
The register referred to in paragraph (1) must include the date by which the product must be placed on the market taking account of the paediatric indication in accordance with regulation 78A(4) (post-authorisation requirements in relation to UK marketing authorisations to which paediatric specific provisions apply).
3
The licensing authority must publish a list of the marketing authorisation holders which have—
a
benefitted from any of the rewards in regulation 58A; or
b
failed to comply with any of the obligations in regulation 78A.
4
The licensing authority must publish decisions made under—
a
regulation 50B(5) or (7) (agreement and modification of paediatric investigation plan);
b
regulation 50C(2) (deferral of the initiation or completion of measures in a paediatric investigation plan); and
c
regulation 50D(2) (waiver of production of information in a paediatric investigation plan) in relation to a specific medicinal product.
5
The decisions referred to in paragraph (4) must be published, with the omission of information of a commercially confidential nature, as soon as reasonably practicable after the decision has been made.
Consideration of applications relating to orphan medicinal products58C
1
If the licensing authority is satisfied in relation to an application for a UK marketing authorisation F412(including an application under the unfettered access route)—
a
the orphan criteria are met in relation to all of the therapeutic indications to which the application relates; and
b
it is otherwise appropriate to grant a UK marketing authorisation in respect of the application under regulation 49(1)(a),
it may grant a UK marketing authorisation which is known as an orphan marketing authorisation.
2
The licensing authority must publish and keep up to date a list of orphan marketing authorisations.
3
Schedule 11 makes provision about advice and representations in relation to proposals to grant a UK marketing authorisation in respect of which the applicant intended to demonstrate that the orphan criteria were met, in cases where the licensing authority considers that those criteria are not met.
Orphan rewards58D
1
Subject to the following provisions of this regulation, for the period of ten years beginning with the date on which the licensing authority grants an orphan marketing authorisation, the licensing authority must not—
a
grant an application for a UK marketing authorisation; or
b
grant an application to vary a UK marketing authorisation;
in relation to a medicinal product which is similar to the medicinal product to which the orphan marketing authorisation relates and in respect of the therapeutic indications which are covered by the orphan marketing authorisation.
F122
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F123
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The period of ten years referred to in paragraph (1) may be reduced to six years if, at the end of the fifth year beginning on the date referred to in paragraph (1), the licensing authority is satisfied that the orphan criteria are no longer met in relation to the medicinal product.
5
The period of ten years referred to in paragraph (1) is extended to twelve years if regulation 58A(2) (paediatric rewards) applies to the orphan marketing authorisation.
6
Paragraph (1) does not apply if—
a
the holder of the orphan marketing authorisation consents to the grant or variation of a UK marketing authorisation in relation to a similar medicinal product;
b
the licensing authority is satisfied that the holder of the orphan marketing authorisation is unable to supply sufficient quantities of the medicinal product to which the orphan marketing authorisation relates; or
c
a subsequent applicant can establish to the satisfaction of the licensing authority that the medicinal product to which the application relates, although similar to the medicinal product to which the orphan marketing authorisation relates, is safer or more effective than, or clinically superior to, that product.
Consideration of applications relating to combined advanced therapy medicinal products58E
1
When determining an application to which regulation 50H(3) (applications relating to combined advance therapy medicinal products) applies, the licensing authority must—
a
assess the entire combined advanced therapy medicinal product in accordance with these Regulations; and
b
recognise the results of the assessment of the notified body, if supplied.
2
The licensing authority may request the notified body, if relevant, to provide it with information related to the results of the assessment.
3
Paragraph (4) applies if an application to which regulation 50H(3) applies does not include the results of the assessment of a notified body, or if the notified body fails to supply information related to the results of the assessment when requested by the licensing authority.
4
Where this paragraph applies, the licensing authority must seek an opinion on the conformity of the device part in accordance with the Medical Devices Regulations 2002 M52 from a notified body identified in conjunction with the applicant, unless the licensing authority decides that the involvement of a notified body is not required.
Consideration of applications relating to conditional marketing authorisations58F
1
If the licensing authority is satisfied in relation to an application to which regulation 50I (applications relating to conditional marketing authorisations) applies that—
a
the criteria in regulation 50I(3)(b) are met; and
b
it is otherwise appropriate to grant a F136UKMA(GB) in respect of the application in accordance with regulation 49(1)(a),
it may grant a UK marketing authorisation which is known as a conditional marketing authorisation.
2
Where regulation 50I(2)(b) (applications relating to conditional marketing authorisations) applies, the licensing authority may grant a conditional marketing authorisation if, in addition to comprehensive clinical data, comprehensive pre-clinical or pharmaceutical data have not been supplied.
3
The licensing authority may, of its own motion, propose that a conditional marketing authorisation be granted if, having consulted the applicant for a UK marketing authorisation, it considers that the criteria in regulation 50I(3)(b) are met.
4
If the licensing authority grants a conditional marketing authorisation in relation to a medicinal product, it may at any time decide that it is appropriate to grant a UK marketing authorisation in relation to that product which is not a conditional marketing authorisation.
5
If the licensing authority grants a conditional marketing authorisation, the product's summary of product characteristics and package leaflet must include a statement to that effect, and the summary of product characteristics must include the date on which the conditional marketing authorisation is due for renewal.
Consideration of applications in relation to medicinal products containing or consisting of genetically modified organisms58G
1
When determining an application for a UK marketing authorisation in relation to which regulation 50J (applications relating to medicinal products containing or consisting of genetically modified organisms) applies, the licensing authority must be satisfied that the application respects the environmental safety requirements laid down by Directive 2001/18/EC.
2
In reaching its view under paragraph (1), the licensing authority must consult the bodies responsible for the giving of consent pursuant to the legislation referred to in regulation 50J(2)(a).
Amendment of regulation 59 (conditions of UK marketing authorisation or parallel import licence: general)I3965
1
Regulation 59 M53 is amended as follows.
F2091A
In paragraph (3) for “An obligation” substitute “In relation to a UKMA(NI) or UKMA(UK), an obligation”.
F2422
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4153
After paragraph (3), insert—
3A
In relation to a UKMA(GB), an obligation to conduct such studies as are referred to in paragraph (2)(f) must—
a
be based on the delegated acts adopted pursuant to Article 22b of the 2001 Directive; and
b
take into account the scientific guidance that applies under regulation 205B in relation to post-authorisation efficacy studies.
3B
The Secretary of State may by regulations make provision in respect of Great Britain specifying the situations in which post-authorisation efficacy studies may be required by virtue of the condition referred to in paragraph (2)(f).
3C
Paragraph (3A)(a) ceases to apply on the coming into force of regulations made under paragraph (3B).
4
In paragraph (4), insert “
UK
”
before “marketing authorisation”.
5
After paragraph (4), insert—
4A
Where the application is one to which regulation 50A, 50E or 50F (applications to which paediatric-specific provisions apply) applies, the licensing authority must, if it considers that there is a particular cause for concern, grant the UK marketing authorisation subject to a condition that—
a
a risk management system be set up comprising a set of pharmacovigilance activities and interventions designed to identify, characterise, prevent or minimise risks relating to medicinal products, including the assessment of the effectiveness of those interventions; or
b
specific post-marketing studies be performed and submitted for review.
4B
The licensing authority may request the holder to submit, in addition to the assessment required to be submitted pursuant to Part 9 of Schedule 12A (post-authorisation safety studies), a report assessing the effectiveness of any risk management system, and the results of any studies performed, in compliance with a condition imposed under paragraph (4A).
4C
If the licensing authority grants a conditional marketing authorisation—
a
it must impose, as a condition of the conditional marketing authorisation, an obligation on the holder of the authorisation to complete ongoing studies, or to conduct new studies, with a view to confirming the that the positive therapeutic effects of the product outweigh the risks to the health of patients or the public associated with the product, and to provide the additional data referred to in regulation 50I(3)(a);
b
it may impose, as a condition of the conditional marketing authorisation, an obligation on the holder of that authorisation in relation to collection of pharmacovigilance data.
4D
If the licensing authority grants a UK marketing authorisation in relation to an advanced therapy medicinal product, it must, if it considers that there is a particular cause for concern, grant the UK marketing authorisation subject to a condition that—
a
a risk management system be set up which is designed to identify, characterise, prevent or minimise risks related to advanced therapy medicinal products, including an evaluation of the effectiveness of that system; or
b
that specific post-marketing studies be carried out and submitted for review by the licensing authority.
4E
The licensing authority may request the holder to submit, in addition to the assessment required to be submitted pursuant to Part 9 of Schedule 12A, a report assessing the effectiveness of any risk management system, and the results of any studies performed, in compliance with a condition imposed under paragraph (4D).
F1466
In paragraph (5) for “marketing authorisation” substitute “UKMA(NI) or UKMA(UK).
Amendment of regulation 60 (conditions of UK marketing authorisation: exceptional circumstances)I268F3966
In regulation 60—
a
after “UK marketing authorisation” in each place it occurs (including the heading to the regulation) insert “or parallel import licence”;
b
after “the authorisation” in each place it occurs insert “or licence”;
c
in paragraph (3), after “an authorisation” insert “or licence”;
d
for paragraph (9) substitute—
9
The licensing authority must notify the EMA of any UKMA(NI) or UKMA(UK) that it has granted subject to a condition included in accordance with this regulation.
e
in paragraph (10), after “a marketing authorisation” insert “or licence”.
Insertion of new regulations 60A (condition as to the submitting of samples and other information to the appropriate authority) F466and 60B (submitting of samples and other information: EU marketing authorisations)I10067
After regulation 60, insert—
Condition as to the submitting of samples and other information to the appropriate authority 60A
1
In this regulation—
“the appropriate authority” is to be construed in accordance with section 57(7) of the Health and Social Care Act 2012 M54;
“appropriate documentation”, in relation to a sample of a batch submitted to the appropriate authority in accordance with the batch testing condition or pursuant to a notification under paragraph (12), means—
- a
any certificate issued by a laboratory in an approved country for batch testing and certification of biological medicinal products that relates to the sample of the batch submitted to the appropriate authority with that certificate; and
- b
such other documentation as the appropriate authority notifies the holder of the UK marketing authorisation to which the sample relates that it requires;
“approved country list for batch testing and certification of biological medicinal products” means the list described in paragraph (5), and “approved country for batch testing and certification of biological medicinal products” means a country included in that list;
“the batch testing condition”, in respect of a UK marketing authorisation, is a condition to the effect that, unless the batch testing exemption applies, the holder of the UK marketing authorisation—
- a
must submit a sample from each batch of the medicinal product that is the subject of that authorisation to the appropriate authority, together with appropriate documentation; and
- b
must not sell or supply, or offer to sell or supply, a medicinal product that forms part of that batch in the United Kingdom until the appropriate authority has examined—
- i
the sample from that batch,
- ii
the appropriate documentation, or
- iii
both that sample and that documentation,
and confirmed that it is satisfied that the batch is in conformity with the approved specifications in the UK marketing authorisation; and
F230“the batch testing exemption” means that—
- a
in the case of a medicinal product for sale or supply in Northern Ireland only—
- i
a certificate has been issued by a laboratory in an EEA State, and
- ii
in relation to a product of a kind listed in Article 114(1) of the 2001 Directive, the certificate was issued in the same EEA State as that in which the batch was manufactured, or
- b
- i
a certificate has been issued by a laboratory in a country other than the United Kingdom,
- ii
an agreement has been made between that country and the United Kingdom (whether or not the agreement is solely with that country, a group of countries or an organisation of which that country is a part), and
- iii
that agreement is to the effect that the appropriate authority will recognise that certificate in respect of the batch of the medicinal product, in place of the appropriate authority’s own examination of a sample from the batch, the appropriate documentation or both.
2
The licensing authority may impose the batch testing condition in respect of a UK marketing authorisation for a medicinal product that is—
a
a live vaccine;
b
an immunological F334... product used in the primary immunisation of infants or other groups at risk;
c
an immunological product used in public health immunisation programmes;
d
subject to paragraph (3), a new immunological product manufactured using new or altered kinds of technology or new for a particular manufacturer; or
e
derived from human blood or human plasma.
3
If the licensing authority imposes a condition in respect of a UK marketing authorisation for a medicinal product of a kind mentioned in paragraph (2)(d), it must, in imposing that condition, specify a period of time for the duration of the condition.
4
The appropriate authority must complete its examination of the sample for testing, the appropriate documentation or both (as the case may be) within the period of 60 days, beginning with the date on which the appropriate authority is in receipt of both the sample for testing, and the appropriate documentation.
5
The appropriate authority must publish a list, to be known as the approved country list for batch testing and certification of biological medicinal products, specifying the countries that are approved for the purposes of the appropriate authority's assessment under paragraph (6) F363and regulation 60B(5).
6
Where a holder of a UK marketing authorisation, in order to comply with the batch testing condition, submits appropriate documentation that includes a certificate issued by a laboratory in an approved country for batch testing and certification of biological medicinal products in respect of the batch, the appropriate authority must, in addition to any other factors it considers relevant, take that into account in determining whether the appropriate authority needs to undertake any further testing of the medicinal product submitted to it.
7
In order to determine whether a country should be included in the approved country list for batch testing and certification of biological medicinal products, the appropriate authority may, in particular, take into account whether the relevant certification process in that country is based on testing performed under a quality assurance system that undergoes regular external assessment to ensure it meets an appropriate standard of competence for testing biological medicines.
8
The appropriate authority must—
a
review the countries it has included in the approved country list for batch testing and certification of biological medicinal products to determine if it is still satisfied that the country should remain on that list, and if it is not so satisfied, remove that country from the list; and
b
undertake that review at least every three years beginning with the date on which that country is included in the list.
9
The appropriate authority must—
a
publish a list of countries, or organisations, with whom the United Kingdom has an agreement for the purposes of the application of the batch testing exemption F225under this regulation or regulation 60B;
b
include in that list any conditions or restrictions in that agreement that affect the applicability of the batch testing exemption F225under this regulation or regulation 60B; and
c
update that list as soon as reasonably practicable if—
i
the United Kingdom no longer has an agreement with a country or organisation included in the list,
ii
any such agreement is amended, or
iii
the United Kingdom enters in to a new agreement with a country or organisation.
10
Where a holder of a UK marketing authorisation relies on the batch testing exemption in relation to a batch of a medicinal product, that holder must submit the certificate in respect of that batch to the licensing authority and the appropriate authority, and such other documentation as those authorities may notify that holder they require, before it sells or supplies, or offers to sell or supply, a medicinal product that forms part of that batch in the United Kingdom.
11
Paragraph (12) applies where the appropriate authority considers that there are public health concerns in respect of a batch of a medicinal product (“the relevant batch”) in relation to which the batch testing exemption would otherwise apply.
12
Where this paragraph applies, the appropriate authority must, subject to paragraph (13), notify the holder of the UK marketing authorisation in respect of the relevant batch that it nevertheless requires that holder—
a
to submit a sample from the relevant batch to the appropriate authority, together with appropriate documentation; and
b
not to sell or supply, or to offer to sell or supply, a medicinal product that forms part of that batch in the United Kingdom until the appropriate authority has examined—
i
the sample from that batch,
ii
the appropriate documentation, or
iii
both that sample and that documentation,
and confirmed that it is satisfied that the relevant batch is in conformity with the approved specifications in the UK marketing authorisation.
13
The appropriate authority may only exercise its powers under paragraph (12) if the agreement made between the country in which the certificate was issued, and the United Kingdom (whether the agreement is solely with that country, a group of countries or an organisation of which that country is a part) provides for the relevant batch to be re-examined by the appropriate authority in the circumstances described in paragraph (11).
F4614
The appropriate authority may, in any particular case, apply this regulation to a medicinal product imported into the United Kingdom pursuant to a parallel import licence and accordingly any reference in this regulation to—
a
a UK marketing authorisation should be read as a reference to a parallel import licence for a medicinal product,
b
the holder of a UK marketing authorisation should be read as a reference to the holder of a parallel import licence, and
c
the approved specifications in a UK marketing authorisation should be read as a reference to the approved specifications in the UK reference product specified for the purposes of the parallel import licence in accordance with paragraph 4 of Schedule 8A.
15
Where, pursuant to paragraph (14), this regulation is applied to a medicinal product imported into the United Kingdom pursuant to a parallel import licence, sub-paragraph (a) of the definition of “the batch testing exemption” does not apply.
16
In the application of this regulation to a medicinal product for sale or supply in Northern Ireland only to which Article 114 of the 2001 Directive applies, a reference in this regulation to a laboratory is to an Official Medicines Control Laboratory or a laboratory referred to in that Article.
F393Submitting of samples and other information: EU marketing authorisations60B
1
In this regulation—
“the appropriate authority” is to be construed in accordance with section 57(7) of the Health and Social Care Act 2012;
“appropriate documentation”, in relation to a sample of a batch submitted to the appropriate authority in accordance with the batch testing requirement or pursuant to a notification under paragraph (8), means such documentation as the appropriate authority notifies the holder of the EU marketing authorisation to which the sample relates that it requires;
“approved country list for batch testing and certification of biological medicinal products” means the list described in regulation 60A(5), and “approved country for batch testing and certification of biological medicinal products” means a country included in that list;
“the batch testing exemption” means that—
- a
- i
a certificate has been issued by a laboratory in an EEA State, and
- ii
in relation to a product of a kind listed in Article 114(1) of the 2001 Directive, the certificate was issued in the same EEA State as that in which the batch was manufactured, or
- b
- i
a certificate has been issued by a laboratory in a country other than the United Kingdom,
- ii
an agreement has been made between that country and the United Kingdom (whether or not the agreement is solely with that country, a group of countries or an organisation of which that country is a part), and
- iii
that agreement is to the effect that the appropriate authority will recognise that certificate in respect of the batch of the medicinal product, in place of the appropriate authority’s own examination of a sample from the batch, the appropriate documentation or both;
“the batch testing requirement”, in respect of an EU marketing authorisation, is a requirement that, unless the batch testing exemption applies, the holder of the EU marketing authorisation—
- a
must submit a sample from each batch of the medicinal product that is the subject of that authorisation to the appropriate authority, together with appropriate documentation; and
- b
must not sell or supply, or offer to sell or supply, a medicinal product that forms part of that batch in Northern Ireland until the appropriate authority has examined—
- i
the sample from that batch,
- ii
the appropriate documentation, or
- iii
both that sample and that documentation,
and confirmed that it is satisfied that the batch is in conformity with the approved specifications in the EU marketing authorisation.
2
The licensing authority may impose the batch testing requirement on the holder of an EU marketing authorisation for a medicinal product—
a
that is—
i
a live vaccine;
ii
an immunological product used in the primary immunisation of infants or other groups at risk;
iii
an immunological product used in public health immunisation programmes;
iv
subject to paragraph (3), a new immunological product manufactured using new or altered kinds of technology or new for a particular manufacturer; or
v
derived from human blood or human plasma, and
b
which is intended for sale or supply in Northern Ireland.
3
If the licensing authority imposes the batch testing requirement in respect of an EU marketing authorisation for a medicinal product of a kind mentioned in paragraph (2)(a)(iv), it must, in imposing that requirement, specify a period of time for the duration of the requirement.
4
The appropriate authority must complete its examination of the sample for testing, the appropriate documentation or both (as the case may be) within the period of 60 days, beginning with the date on which the appropriate authority is in receipt of both the sample for testing, and the appropriate documentation.
5
Where a holder of an EU marketing authorisation, in order to comply with the batch testing requirement, submits appropriate documentation that includes a certificate issued by a laboratory in an approved country for batch testing and certification of biological medicinal products in respect of the batch, the appropriate authority must, in addition to any other factors it considers relevant, take that into account in determining whether the appropriate authority needs to undertake any further testing of the medicinal product submitted to it.
6
Where a holder of an EU marketing authorisation relies on the batch testing exemption in relation to a batch of a medicinal product, that holder must submit the certificate in respect of that batch to the licensing authority and the appropriate authority, and such other documentation as those authorities may notify that holder they require, before it sells or supplies, or offers to sell or supply, a medicinal product that forms part of that batch in Northern Ireland.
7
Paragraph (8) applies where the appropriate authority considers that there are public health concerns in respect of a batch of a medicinal product (“the relevant batch”) in relation to which the batch testing exemption would otherwise apply.
8
Where this paragraph applies, the appropriate authority must, subject to paragraph (9), notify the holder of the EU marketing authorisation in respect of the relevant batch that it nevertheless requires that holder—
a
to submit a sample from the relevant batch to the appropriate authority, together with appropriate documentation; and
b
not to sell or supply, or to offer to sell or supply, a medicinal product that forms part of that batch in Northern Ireland until the appropriate authority has examined—
i
the sample from that batch,
ii
the appropriate documentation, or
iii
both that sample and that documentation,
and confirmed that it is satisfied that the relevant batch is in conformity with the approved specifications in the EU marketing authorisation.
9
The appropriate authority may only exercise its powers under paragraph (8) if the agreement made between the country in which the certificate was issued, and the United Kingdom (whether the agreement is solely with that country, a group of countries or an organisation of which that country is a part) provides for the relevant batch to be re-examined by the appropriate authority in the circumstances described in paragraph (7).
10
A reference in this regulation to a laboratory (other than in paragraph (b) of the definition of “the batch testing exemption” in paragraph (1)) is to an Official Medicines Control Laboratory or a laboratory referred to in Article 114 of the 2001 Directive.
Amendment of regulation 61 (conditions of UK marketing authorisation)I15468
1
Regulation 61 is amended as follows.
2
For paragraph (4), substitute—
4
The obligation in this paragraph is—
a
to conduct a post-authorisation safety study; or
b
F379in relation to a UKMA(GB), to comply with such other conditions or restrictions as the licensing authority considers essential for the safe and effective use of the medicinal product.
F332A
In paragraph (6), after “one medicinal product” insert “authorised by a UKMA(NI) or UKMA(UK)”.
F4433
After paragraph (6) insert—
6A
If concerns as described in paragraph (2) apply to more than one medicinal product authorised by a UKMA(GB), the licensing authority—
a
must, where the obligation is to conduct a post-authorisation safety study, encourage the UK marketing authorisation holders concerned to conduct a joint study, and
b
may, where the obligation is to comply with any other conditions or restrictions, encourage the UK marketing authorisation holders concerned to take co-ordinated action to comply with the conditions or restrictions.
F5053A
In paragraph (7) for “The obligation under paragraph (5) shall” substitute “In relation to a UKMA(NI) or UKMA(UK), the obligation under paragraph (5) must”.
F2704
After paragraph (7) insert—
7A
In relation to a UKMA(GB), the obligation under paragraph (5) must—
a
be based on the delegated acts adopted pursuant to Article 22b of the 2001 Directive; and
b
take into account the scientific guidance that applies under regulation 205B in relation to post-authorisation efficacy studies.
7B
The Secretary of State may by regulations make provision in respect of Great Britain specifying the situations in which post-authorisation efficacy studies may be required by virtue of the obligation under paragraph (5).
7C
Paragraph (7A)(a) ceases to apply on the coming into force of regulations made under paragraph (7B).
F2565
In paragraph (13), after “notify the EMA” insert “, in relation to a UKMA(NI) or UKMA(UK),”.
Amendment of regulation 64 (duties of licensing authority in connection with determination)I274F43669
For regulation 64(4)(d) substitute—
d
any conditions—
i
in the case of a UKMA(NI) or UKMA(UK), established in accordance with Articles 21a, 22 and 22a of the 2001 Directive;
ii
in the case of UKMA(GB), imposed under regulations 59 to 61; and
Obligation of licensing authority in case of change of classificationI7270
After regulation 64, insert—
Obligation of licensing authority in case of change of classification64A
1
In this regulation, “classification”, in relation to a medicinal product, means the term of the product's UK marketing authorisation which determines the way in which the product is to be made available, as described in regulation 62(1).
2
This regulation applies where—
F147a
the licensing authority grants or varies—
i
a UK marketing authorisation;
ii
an Article 126a authorisation;
iii
a traditional herbal registration; or
iv
a certificate of registration of a homoeopathic medicinal product;
b
the grant or variation of the UK marketing authorisation involves a change of the classification of the medicinal product to which the authorisation relates; and
c
the application for the UK marketing authorisation or variation was supported by the results of significant pre-clinical tests or clinical trials relating to the proposed classification.
3
Where this regulation applies, the licensing authority may not, for the period of one year beginning with the date on which the UK marketing authorisation was granted or varied, refer to the results of the tests or trials referred to in paragraph (2)(c) when examining an application by another applicant or UK marketing authorisation holder for a change of classification of the same kind as that to which the tests or trials relate.
Amendment of regulation 65 (validity of UK marketing authorisation)I6771
In regulation 65(5) before sub-paragraph (a) insert—
za
regulation 65B;
Validity of conditional marketing authorisation and variation of a UK marketing authorisationI6572
After regulation 65A M55, insert—
Validity of conditional marketing authorisation65B
1
A conditional marketing authorisation remains in force—
a
for an initial period of one year beginning with the date on which it is granted; and
b
if it is renewed in accordance with regulation 66B, for further periods of one year beginning with the date on which the renewal is granted.
2
If an application for the renewal or further renewal of a conditional marketing authorisation is made in accordance with regulation 66B the authorisation remains in force until the licensing authority notifies the applicant of its decision on the application.
Variation of a F547UKMA(GB)65C
1
A F455UKMA(GB) holder may apply to vary the authorisation.
2
Any such application must be made in accordance with Schedule 10A.
3
Schedule 10A does not apply to the transfer of a F455UKMA(GB) from one person to another.
4
The licensing authority may publish guidance on the details of the various categories of variations, on the operation of the procedures laid down in Schedule 10A, and on the documentation to be submitted pursuant to those procedures.
5
Any guidance referred to in paragraph (4) must be regularly reviewed and, when necessary, updated.
6
Unless replaced by guidelines published under paragraph (4), the guidelines published by the Commission under Article 4 of Regulation (EC) No 1234/2008M56 which applied immediately before F284IP completion day, insofar only as they concern applications under Chapter IIa of that Regulation, continue to apply to—
a
applications made under regulation 65C on or after F284IP completion day; or
b
applications made before F284IP completion day to which regulation 65C and Schedule 10A apply by virtue of Parts 3 and 5 of Schedule 33A.
7
The Ministers may by regulations amend Schedule 10A.
Insertion of new Schedule 10A (variations to a UK marketing authorisation)I19173
Schedule 5 inserts a new Schedule 10A after Schedule 10.
Amendment of regulation 66 (application for renewal of authorisation)I17874
In regulation F35466, for paragraph (2) substitute—
2
The applicant, where it is applying for renewal of—
a
a UKMA(NI)—
i
in accordance with Chapter 4 of Title III of the 2001 Directive, must be established in the European Union;
ii
on any other basis, must be established in the United Kingdom;
b
a UKMA(GB)—
i
under the unfettered access route, must be established in Northern Ireland;
ii
other than under the unfettered access route, must be established in the United Kingdom;
c
a UKMA(UK), must be established in the United Kingdom.
Amendment of regulation 66A (application for renewal of a parallel import licence)I2875
In regulation 66A(2) M57, for “European Union” substitute “
United Kingdom
”
.
Renewal of conditional marketing authorisationI2476
After regulation 66A, insert—
Renewal of conditional marketing authorisation66B
1
The licensing authority may renew a conditional marketing authorisation in relation to an application made to it by the holder of the authorisation.
2
The application must be made at least six months before the date on which the conditional marketing authorisation is due to expire.
3
The application must include an interim report on the fulfilment of the obligations to which the conditional marketing authorisation is subject.
4
When considering an application under paragraph (1), the licensing authority must consider whether—
a
the positive therapeutic effects of the product continue to outweigh the risks to the health of patients and the public associated with the product; and
b
the obligations referred to in regulation 59(4C) and any time limits for their fulfilment remain appropriate, modifying or removing them if necessary.
5
The provisions of regulation 66(2), (3), (4), (6) and (8) apply to an application for renewal of a conditional marketing authorisation.
F356Amendment of regulation 67 (failure to place on the market etc.)I22776A
1
Regulation 67 (failure to place on the market etc.) is amended as follows.
2
In paragraph (1) after “in the United Kingdom” insert “(or, in the case of a UKMA(GB) granted after an application under the unfettered access route, in Great Britain)”.
3
In paragraph (2) after “in the United Kingdom” insert “(or, in the case of a UKMA(GB) granted after an application under the unfettered access route, in Great Britain)”.
Amendment of regulation 68 (revocation, variation and suspension of UK marketing authorisation or parallel import licence)I14877
1
Regulation 68 M58 is amended as follows.
2
In paragraph (5), after “exceptional circumstances)”, insert “
, regulation 60A (conditions as to testing of samples by the appropriate authority)
”
.
3
In paragraph (7)—
a
after “authorisation” insert “
or licence
”
; and
F210b
for “established in the European Union” substitute—
established in—
a
the United Kingdom; or
b
in relation to a UKMA(NI), either the United Kingdom or the European Union,
in accordance with the requirements of these Regulations.
4
In paragraph (8)(b), for “states other than EEA states” substitute “
countries other than approved countries for import
”
.
F4935
In paragraph (9)(a) omit “other than the United Kingdom”.
6
In paragraph (10)—
a
in sub-paragraph (a) for “authorisation; or” substitute “
authorisation or licence.
”
; and
b
omit sub-paragraph (b).
7
In paragraph (11)(a), after authorisation insert “
or licence
”
.
8
After paragraph (11A), insert—
11B
Condition L is that the licensing authority thinks that the term of the authorisation which specifies the way in which the product is to be made available, as described in regulation 62(1), is incorrect.
11C
Condition M is that, in respect of a parallel import licence, the UK marketing authorisation in respect of the medicinal product that was specified in the application for that licence under paragraph 4 of Schedule 8A, has been varied, suspended or revoked by the licensing authority under this regulation.
11D
Condition N is that, in respect of a parallel import licence, the licensing authority is no longer satisfied that the product is essentially similar to a product that has been granted a UK marketing authorisation.
11E
The licensing authority may not exercise its powers under paragraph (1) by virtue of the condition in paragraph (11D)—
a
before the end of the period of one year beginning with F87IP completion day; and
b
in any event, in a way that prevents the import of any medicinal product in respect of which a qualified person undertook the certification referred to in Article 51(3) of the 2001 Directive before F87IP completion day.
11F
Condition O is that the licensing authority thinks that a variation of a UK marketing authorisation is necessary as a result of the submission of the results of a study by the holder of that authorisation under regulation 78A(14).
F56011G
Condition P is that the licensing authority thinks that the revocation, variation or suspension is necessary or expedient in light of the Protocol on Ireland/Northern Ireland in the withdrawal agreement.
9
In paragraph (12)—
a
after “UK marketing authorisation”, insert “
or parallel import licence
”
; and
b
after “an authorisation” insert “
or licence
”
.
10
Omit paragraph (13).
Amendment of regulation 69 (suspension of use etc of relevant medicinal product)I1178
In regulation 69 M59, omit paragraph (10).
Omission of regulation 70 (authorisations granted under Chapter 4 of Title III of the 2001 DirectiveI579
Omit regulation 70.
Amendment of regulation 71 (withdrawal of medicinal product from the market)I13780
1
Regulation 71 M60 is amended as follows.
2
In paragraph (1)—
a
for sub-paragraph (a) substitute—
a
under regulation 68 the licensing authority revokes or suspends a UK marketing authorisation or parallel import licence; or
F175b
for sub-paragraph (b) substitute—
b
under—
i
regulation 69 the licensing authority suspends the use, sale, supply or offer for sale or supply within Great Britain of a product to which a UKMA(GB) relates; or
ii
regulation 69 or Article 20(4) of Regulation (EC) No 726/2004 the licensing authority suspends the use, sale, supply or offer for sale or supply within Northern Ireland of a product to which a UKMA(NI) or UKMA(UK) relates.
Amendment of regulation 72 (sale etc of suspended medicinal product)I207F16981
In regulation 72(1), for “regulation 69 or 70(2) or Article 20(4) of Regulation (EC) No 726/2004” substitute—
—
a
in the case of a medicinal product authorised for sale or supply by a UKMA(GB), regulation 69;
b
in the case of a medicinal product authorised for sale or supply by a UKMA(NI) or UKMA(UK), regulation 69 or Article 20(4) of Regulation (EC) No 726/2004.
Amendment of regulation 73 (obligation to notify placing on the market etc)I11682
1
Regulation 73 M61 is amended as follows.
2
In paragraph (5A)(c), for “third country” substitute “
country other than the United Kingdom
”
.
F63
In paragraph (5C), for “UK marketing authorisation” insert “UKMA(NI) or UKMA(UK)”.
Amendment of regulation 75 (obligation to provide information relating to safety etc)I17983
In regulation 75(5) M62—
a
for sub-paragraph (a) substitute—
a
in a country other than the United Kingdom;
b
in sub-paragraph (b), insert “
UK
”
before “marketing authorisation”.
Amendment of regulation 76 (obligation in relation to product information)I228F27984
For regulation 76(2), substitute—
2
In this regulation “current scientific knowledge” includes the conclusions of the assessment and recommendations made public by means of—
a
in the case of a medicinal product authorised for sale or supply by a UKMA(NI) or a UKMA(UK)—
i
the European medicines web-portal established in accordance with Article 26 of Regulation (EC) No 726/2004, and
ii
the UK web-portal established in accordance with regulation 203(1);
b
in the case of a medicinal product authorised for sale or supply by a UKMA(GB), the UK web-portal established in accordance with regulation 203(1).
Amendment of regulation 77 (record-keeping obligations)F34085
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 78 (obligation to ensure appropriate and continued supplies)F34286
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Post authorisation requirements in relation to UK marketing authorisations with paediatric aspects and advanced therapy medicinal productsI12487
After regulation 78, insert—
Post authorisation requirements in relation to UK marketing authorisations to which paediatric specific provisions apply78A
1
Paragraph (2) applies where—
a
a holder of a UK marketing authorisation intends to discontinue supply of the product to which that authorisation relates;
b
the holder of the authorisation benefited from a reward or incentive under regulation 58A(3) or (8) or 58D(5) in relation to the product; and
c
the period of protection provided pursuant to those regulations has expired.
2
Where this paragraph applies, the holder of the UK marketing authorisation must—
a
either—
i
transfer the UK marketing authorisation to another person who has declared an intention to continue to supply the product; or
ii
allow such a person to use the pharmaceutical, pre-clinical and clinical documentation contained in the file on that product in accordance with regulation 56; and
b
notify the licensing authority of its intention to cease to supply the product before the beginning of the period of six months ending immediately before the day on which the holder does so.
3
Paragraph (4) applies to the holder of a UK marketing authorisation if—
a
that authorisation includes a paediatric indication following completion of an agreed paediatric investigation plan; and
b
the product was placed on the market for other indications before that holder obtained that paediatric indication.
4
Where this paragraph applies, the holder of the UK marketing authorisation must place the product on the market taking account of the paediatric indication before the end of the period of two years beginning immediately after the day on which the paediatric indication is authorised.
5
Paragraph (6) applies if—
a
a decision by the licensing authority in respect of a paediatric investigation plan is addressed to a person (“PIP sponsor”); and
b
the plan refers to clinical trials carried out in a country other than the United Kingdom (“non-UK clinical trials”).
6
Where this paragraph applies, the PIP sponsor must send to the licensing authority the details set out in Article 11 of the Clinical Trials Directive in relation to the non-UK clinical trials within whichever is the later of—
a
the period of one month beginning after the day on which the decision was received; or
b
the period of one month beginning after the day on which the necessary permission to conduct the clinical trial was received from the competent authorities in the country where the clinical trial is to take place.
7
Where paragraph (6) applies, the PIP sponsor must submit the results of those clinical trials to the licensing authority within the period of twelve months beginning with the day on which the last of those trials ended, subject to paragraph (8).
8
Paragraph (7) does not apply in the case of a clinical trial which forms part of a paediatric study to which paragraph (12) applies.
9
Paragraph (10) applies in relation to the sponsor of a paediatric clinical trial in the United Kingdom in respect of a medicinal product if—
a
the product has a UK marketing authorisation but the sponsor is not the holder of the authorisation; or
b
the product does not have a UK marketing authorisation.
10
Where this paragraph applies, the sponsor of the clinical trial must submit the results of the trial to the licensing authority within the period of twelve months beginning with the day on which the trial ended.
11
Paragraph (12) applies in relation to the holder of a UK marketing authorisation who sponsors a paediatric clinical trial in respect of the medicinal product to which that authorisation relates.
12
Where this paragraph applies, the holder of the UK marketing authorisation must submit the results of the trial to the licensing authority within the period of six months beginning with the day on which the trial ended.
13
Paragraph (14) applies in relation to the holder of a UK marketing authorisation who sponsors a study which involves the use in the paediatric population of a medicinal product to which that UK marketing authorisation relates, irrespective of whether or not—
a
the studies are conducted in accordance with an agreed paediatric investigation plan; or
b
the marketing authorisation holder intends to apply for a marketing authorisation for a paediatric indication in relation to the product.
14
Where this paragraph applies, the holder of the UK marketing authorisation must submit the results of the study to the licensing authority within the period of six months beginning with the day on which the study ended.
15
Where the licensing authority has granted a deferral of the initiation or completion of some or all of the measures set out in a paediatric investigation plan, in accordance with regulation 50C, the person to whom that decision was addressed must submit to the licensing authority an annual report providing an update on progress with the paediatric studies to which the deferral relates.
16
The first report referred to in paragraph (15) must be submitted within the period of twelve months beginning with the date on which the licensing authority granted the deferral.
Post authorisation requirements in relation to F570UKMA(GB) for advanced therapy medicinal products78B
1
The holder of a F365UKMA(GB) in respect of an advanced therapy medicinal product must—
a
establish and maintain a system ensuring that the individual product and its starting raw materials, including all substances coming into contact with the cells or tissues it may contain, can be traced through the sourcing, manufacturing, packaging, storage, transport and delivery to the hospital, institution or private practice where the product is used;
b
where the product contains human tissues or cells, ensure that the traceability system is complementary to and compatible with requirements imposed pursuant to—
i
as regards gametes and embryos, sections 12(3), and 33A to 33D of, and paragraph 1 of Schedule 3A to, the Human Fertilisation and Embryology Act 1990 M63,
ii
as regards blood cells, regulations 8, 9(e) and 14 of the Blood Safety and Quality Regulations 2005 M64, and
iii
as regards other cells and tissues, regulations 13 and 16 of, and paragraph 1 of Schedule 2 to, the Human Tissue (Quality and Safety for Human Application) Regulations 2007 M65;
c
keep the data referred to in paragraph (a) for a minimum of 30 years after the expiry of the date of the product, or longer if required by the licensing authority as a term of the F365UKMA(GB); and
d
in the event of the F365UKMA(GB) holder's bankruptcy or liquidation occurring within the period of time for which that holder is required to keep the data referred to in paragraph (a), transfer that data to another person or the licensing authority.
F381Amendment of regulation 79 (failure to provide information on marketing authorisations to EMA)I24988
In regulation 79 (failure to provide information on marketing authorisations to EMA)—
a
in paragraph (1), for the first reference to “a marketing authorisation” substitute “a UKMA(NI) or UKMA(UK)”;
b
in paragraph (2), for the first reference to “a marketing authorisation” substitute “UKMA(NI) or UKMA(UK)”.
Amendment of regulation 80 (urgent safety restrictions)I189
1
Regulation 80 is amended as follows.
2
In the introductory words, insert “
UK
”
before “marketing authorisation”.
F3433
For paragraph (a) substitute—
a
fails—
i
in respect of a UKMA(GB) or UKMA(UK), to inform the licensing authority in accordance with paragraph 14(1) of Schedule 10A, or
ii
in respect of a UKMA(NI), UKMA(UK) or EU marketing authorisation, to inform the European Commission in accordance with Article 22(1) of Regulation (EC) No 1234/2008,
that the holder has taken urgent safety restrictions on the holder’s own initiative;
F1784
For paragraph (b) substitute—
b
fails—
i
in respect of a UKMA(GB), to implement an urgent safety restriction imposed on the holder by the licensing authority in accordance with paragraph 14(3) of Schedule 10A, or
ii
in respect of a UKMA(NI) or UKMA(UK), to implement an urgent safety restriction imposed on the holder by the European Commission under Article 22(2) of Regulation (EC) No 1234/2008; or
F2864A
In paragraph (c) after “fails” insert “in respect of a UKMA(NI)”.
5
F264After paragraph (c) insert —
F422d
fails F134in respect of a UKMA(GB) to submit an application for variation of the UK marketing authorisation to the licensing authority in accordance with paragraph 14(4) of Schedule 10A before the end of the period of fifteen days beginning with the day after—
i
the taking under paragraph 14(1) of Schedule 10A or, as the case may be,
ii
the imposition under paragraph 14(3) of that Schedule,
of an urgent safety restriction.
F389Application of regulations 81 to 94 (offences relating to EU marketing authorisations)I23690
Before regulation 81 (obligation to update information supplied in connection with EU application), insert—
Application of regulations 81 to 94A81
Regulations 81 to 94 apply in relation to medicinal products for sale or supply in Northern Ireland.
Amendment of regulation 89 (offences in connection with withdrawal of product from market)I25990A
In regulation 89(1)(b) (offences in connection with withdrawal of product from market) for “any of Articles 36, 37 and 38” substitute “Article 37 or 38”.
Omission of regulation 91 (failure to notify results of third country clinical trials)I25790B
Omit regulation 91.
F387Amendment of regulation 94A (offences relating to Commission Regulation 2016/161)I21891
In regulation 94A—
a
for paragraph (1) substitute—
1
A person who is—
a
the holder of a UKMA(NI), UKMA(UK) or parallel import licence, or
b
a parallel distributor,
is guilty of an offence if the holder fails to comply with a requirement or obligation contained in a provision of Commission Regulation 2016/161 listed in paragraph (2).
b
for paragraph (3) substitute—
3
In this regulation “parallel distributor” means a person who imports into Northern Ireland from an EEA state a product which has been granted a marketing authorisation under Regulation (EC) No 726/2004 and in relation to which that person is not the holder of a UKMA(NI), UKMA(UK), Article 126a authorisation, COR(NI), COR(UK), THR(NI) or THR(UK).
F523Amendment of regulation 95 (offences in connection with application)I23392
In regulation 95—
a
in sub-paragraph (c), before “fails” insert “, in relation to an EU marketing authorisation for a product for sale or supply in Northern Ireland,”;
b
in sub-paragraph (d), before “provides” insert “, in relation to an EU marketing authorisation for a product for sale or supply in Northern Ireland,”.
Amendment of regulation 96 (provision of misleading information)F25293
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 97 (breach of pharmacovigilance condition)I15694
1
Regulation 97 M66, is amended as follows.
F2432
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In paragraph (2), after “exceptional circumstances)” insert “
, regulation 60A (condition as to the testing of samples by the appropriate authority)
”
.
Amendment of regulation 98 (general offence of breach of Part 5)F38495
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 99 (penalties)F36696
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 101 (defences)F2697
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 6Amendment of Part 6 (certification of homoeopathic products)
Amendment of regulation 102 (regulation-making power to amend regulation 102(4) to (6))I10298
In regulation 102 (application of Part 6), at the end insert—
F5227
The Secretary of State may make regulations in respect of Great Britain to amend paragraphs (4) to (6).
8
The Secretary of State may only exercise the power in paragraph (7) if the Secretary of State considers that it is necessary to do so because of new scientific evidence.
Amendment of regulation 103 (application for certificate of registration)I12899
1
Regulation 103 is amended as follows.
F5391A
After paragraph (1) insert—
1A
The licensing authority may accept an application meeting reduced or alternative requirements specified in this Part (“under the unfettered access route”) and grant a COR(GB) only where—
a
there is already in place, or will be at the time the COR(GB) is granted, a certificate of registration in respect of the product authorising sale or supply in Northern Ireland,
b
the applicant complies with the requirements in paragraph (5B), and
c
the registrable homoeopathic medicinal product satisfies the definition of qualifying Northern Ireland goods.
1B
A certificate of registration must state whether it is in force in—
a
the whole United Kingdom;
b
Great Britain only; or
c
Northern Ireland only,
and in these Regulations the meaning of a reference to that certificate of registration being “in force” is limited to that territory.
2
In paragraph (4), F275for “must be established in the European Union” substitute—
, where it is applying for—
a
a COR(NI)—
i
in accordance with Chapter 4 of Title III of the 2001 Directive, must be established in the European Union;
ii
on any other basis, must be established in the United Kingdom;
b
a COR(GB)—
i
under the unfettered access route, must be established in Northern Ireland;
ii
other than under the unfettered access route, must be established in the United Kingdom;
c
a COR(UK), must be established in the United Kingdom.
F4382A
After paragraph (5) insert—
5A
The application must include a statement indicating whether the certificate sought is for sale or supply of the product in—
a
the whole United Kingdom;
b
Great Britain only; or
c
Northern Ireland only.
5B
The applicant for the grant of a COR(GB) under the unfettered access route must provide—
a
the application form submitted in connection with the granting of the COR(NI) which authorises the sale or supply of the product in Northern Ireland;
b
a copy of all material submitted in support of the application for the COR(NI) which authorises the sale or supply of the product in Northern Ireland; and
c
a copy of the COR(NI) which authorises the sale or supply of the medicinal product in Northern Ireland,
together with any material specified in paragraph (8) which is not included in the material specified in sub-paragraphs (a) to (c) in relation to the product.
3
In paragraph (8)—
a
in sub-paragraph (e)—
i
omit “or another EEA State”, and
ii
for “that EEA State” substitute “
a country other than the United Kingdom
”
; and
b
in sub-paragraph (f), for “another member state” substitute “
a country other than the United Kingdom
”
.
Amendment of regulation 104 (consideration of application)I269F467100
1
Regulation 104 (consideration of application) is amended as follows.
2
After paragraph (6) insert—
7
In the case of an application under the unfettered access route, the licensing authority may grant a COR(GB) (notwithstanding paragraph (3)) where the licensing authority—
a
has considered the application under the unfettered access route and the accompanying material,
b
is satisfied that the applicant has complied with the application requirements, and
c
is satisfied that the conditions in regulation 103(1A) will continue to be met.
8
The licensing authority may refuse to grant an application under the unfettered access route where it is of the opinion that it would represent a risk to public health to do so.
Amendment of regulation 108 (application for renewal of certificate)I186101
In regulation 108(2), F183for “must be established in the European Union” substitute—
, where it is applying for renewal of—
a
a COR(NI) and originally granted—
i
in accordance with Chapter 4 of Title III of the 2001 Directive, must be established in the European Union;
ii
on any other basis, must be established in the United Kingdom;
b
a COR(GB) and originally granted—
i
under the unfettered access route, must be established in Northern Ireland;
ii
other than under the unfettered access route, must be established in the United Kingdom;
c
in the whole United Kingdom, must be established in the United Kingdom.
F304Amendment of regulation 109 (failure to place on the market etc.)I208101A
1
Regulation 109 (failure to place on the market etc.) is amended as follows.
2
In paragraph (1) after “in the United Kingdom” insert “(or, in the case of a COR(GB) granted after an application under the unfettered access route, in Great Britain)”.
3
In paragraph (2) after “in the United Kingdom” insert “(or, in the case of a COR(GB) granted after an application under the unfettered access route, in Great Britain)”.
Amendment of regulation 110 (revocation, variation and suspension of certificate of registration)I95102
1
Regulation 110 M67 is amended as follows.
F2152
In paragraph (7) for “established in the European Union” substitute—
established in—
a
the United Kingdom; or
b
in relation to a COR(NI), either the United Kingdom or the European Union,
in accordance with the requirements of these Regulations.
F2222A
After paragraph (8A) insert—
8B
Condition I is that the licensing authority thinks that the revocation, variation or suspension is necessary or expedient in light of the Protocol on Ireland/Northern Ireland in the withdrawal agreement.
3
Omit paragraph (10).
Omission of regulation 111 (certificates granted under Chapter 4 of Title III of the 2001 Directive)I10103
Omit regulation 111.
Amendment of regulation 112 (withdrawal of homoeopathic medicinal product from the market)I118104
In regulation 112(1), omit “or regulation 111(2)”.
Amendment of regulation 113 (obligation to notify placing on the market etc)I199105
In regulation 113(3A) M68, omit “in accordance with article 123(2) of the 2001 Directive”.
Amendment of regulation 115 (obligation to provide information relating to safety etc)I150106
In regulation 115(5)(a) for “which is not an EEA State” substitute “
other than the United Kingdom
”
.
F551Amendment of regulation 116 (obligation in relation to product information)I215107
For regulation 116(2), substitute—
2
In this regulation “current scientific knowledge” includes the conclusions of the assessment and recommendations made public by means of—
a
in the case of a medicinal product authorised by a COR(NI) or COR(UK)—
i
the European medicines web-portal established in accordance with Article 26 of Regulation (EC) No 726/2004, and
ii
the UK web-portal established in accordance with regulation 203(1);
b
in the case of a medicinal product authorised by a COR(GB), the UK web-portal established in accordance with regulation 203(1).
PART 7Amendment of Part 7 (Traditional Herbal Registrations)
Amendment of italic heading above regulation 125 (traditional herbal medicinal products)I149108
For the italic heading “Application of Part”, substitute “
Interpretation and application of Part
”
.
Insertion of regulation 124A (interpretation)I168109
Before regulation 125 (traditional herbal medicinal products), insert—
Interpretation of this Part124A
In this Part, “relevant list” means—
a
the list referred to in Article 16f(1) of the 2001 Directive, as that list may be amended from time to time; or
b
if the licensing authority publishes a list under regulation 126A(1), that list.
Amendment of regulation 125 (traditional herbal medicinal products)I172110
In regulation F322125(5) for sub-paragraph (b) substitute—
b
in relation to—
i
a THR(NI) or THR(UK), the product has been in medicinal use in the European Union for a continuous period of at least 15 years;
ii
a THR(GB), the product has been in medicinal use in the United Kingdom or a country included in the list published under regulation 125A(1) for a continuous period of at least 15 years.
Insertion of regulation 125A (list of approved countries for herbal medicinal products)I195111
After regulation 125 insert—
List of approved countries for traditional use of a herbal medicinal product125A
1
The licensing authority may publish a list of countries for the purposes of regulation 125(5)(b) (condition D).
2
In establishing the list under paragraph (1), the licensing authority may only include a country in that list if it is satisfied that—
a
continuous use evidence in respect of that country can be sufficiently validated by the licensing authority; and
b
the country has a level of pharmacovigilance that is equivalent to that in the United Kingdom to ensure that any safety issues in respect of the herbal medicinal product have been properly identified.
3
The licensing authority must—
a
review any list it publishes under paragraph (1) to determine if a country still satisfies the criteria for inclusion in the list specified in paragraph (2), and if it is not so satisfied, remove that country from the list; and
b
undertake such a review at least every three years beginning with the date on which the country is included in that list.
Insertion of new italic heading and regulation 126A (list of herbal substances, preparations and combinations for use in traditional herbal medicinal products)I81112
After regulation 126 (addition of vitamins or minerals) insert—
List of herbal substances, preparations and combinations for use in traditional herbal medicinal productsLicensing authority list as to herbal substances, preparations and combinations for use in traditional herbal medicinal products126A
1
The licensing authority may establish, and publish a list of, herbal substances, preparations and combinations thereof for use in traditional herbal medicinal products F405for which a THR(GB) may be granted.
2
A list established under paragraph (1) must contain, with regard to each herbal substance—
a
the indication;
b
the specified strength and posology;
c
the route of administration; and
d
any other information necessary for the safe use of the herbal substance as a traditional medicinal product.
3
The licensing authority may review and amend any list it publishes under paragraph (1) at such intervals as it considers appropriate.
Amendment of regulation 127 (application for grant of traditional herbal registration)I278F216113
1
Regulation 127 (application for grant of traditional herbal registration) is amended as follows.
2
After paragraph (1) insert—
1A
The licensing authority may accept an application meeting reduced or alternative requirements specified in this Part (“under the unfettered access route”) and grant a THR(GB) only where—
a
there is already in place, or will be at the time the THR(GB) is granted, a traditional herbal registration in respect of the product authorising sale or supply in Northern Ireland,
b
the applicant complies with the requirements in regulation 128(1A), and
c
the traditional herbal medicinal product satisfies the definition of qualifying Northern Ireland goods.
1B
A traditional herbal registration must state whether it is in force in—
a
the whole United Kingdom;
b
Great Britain only; or
c
Northern Ireland only,
and in these Regulations the meaning of a reference to that traditional herbal registration being “in force” is limited to that territory.
3
In paragraph (3) for “must be established in the European Union” substitute—
, where it is applying for—
a
a THR(NI)—
i
in accordance with Chapter 4 of Title III of the 2001 Directive, must be established in the European Union;
ii
on any other basis, must be established in the United Kingdom;
b
a THR (GB)—
i
under the unfettered access route, must be established in Northern Ireland;
ii
other than under the unfettered access route, must be established in the United Kingdom;
c
a THR(UK), must be established in the United Kingdom.
4
After paragraph (4) insert—
4A
The application must include a statement indicating whether the traditional herbal registration sought is for sale or supply of the product in—
a
the whole United Kingdom;
b
Great Britain only; or
c
Northern Ireland only.
Amendment of regulation 128 (accompanying material)I235F507114
1
Regulation 128 (accompanying material) is amended as follows.
2
For paragraph (1) substitute—
128
1
The applicant for the grant of a traditional herbal registration other than a THR(GB) under the unfettered access route must provide the material specified in Schedule 12 in relation to the product.
1A
The applicant for the grant of a THR(GB) under the unfettered access route must provide—
a
the application form submitted in connection with the granting of the THR(NI) which authorises the sale or supply of the product in Northern Ireland;
b
a copy of all material submitted in support of the application for the THR(NI) which authorises the sale or supply of the product in Northern Ireland; and
c
a copy of the THR(NI) which authorises the sale or supply of the medicinal product in Northern Ireland,
together with any material specified in Schedule 12 which is not included in the material specified in sub-paragraphs (a) to (c) in relation to the product.
3
In paragraph (3), after “of the 2001 Directive” insert “where the application is for a THR(NI) or THR(UK), or the list established under regulation 126A where the application is for a THR(GB)”.
Amendment of Schedule 12 (material to accompany an application for a traditional herbal registration)I64115
1
Schedule 12 is amended as follows.
2
In paragraphs 16 and 17, for “another member State or a third country” substitute “
a country other than the United Kingdom
”
.
3
In paragraph 21—
F498a
after “Article 23 of Regulation (EC) No 726/2004” insert “or regulation 202A, as the case may be”;
b
before “statement”, insert “
symbol and
”
; and
c
before “This”, insert “
▼
”
.
Amendment of regulation 130 (consideration of application)I176116
1
Regulation 130 is amended as follows.
2
In paragraph (6), insert “
UK
”
before “marketing authorisation”.
3
In paragraph (7), F90for “is subject to” to the end substitute—
a
where the application is for a THR(NI) or THR(UK), is subject to Article 16c(4) of the 2001 Directive (procedure where product has been used in the European Union for less than 15 years);
b
where the application is for a THR(GB), is subject to regulation 130A.
4
In paragraph (8), F15after “of the 2001 Directive” insert “where the application is for a THR(NI) or THR(UK), or the list established under regulation 126A where the application is for a THR(GB)
F5325
In paragraph (9), after “Where” insert “, in relation to an application for a THR(NI) or THR(UK),”.
6—
In paragraph (10)(a) F533for “in Article 16h(3)” to the end substitute—
i
in Article 16h(3) of the 2001 Directive, where the application is for a THR(NI) or THR(UK);
ii
in regulation 143A, where the application is for a THR(GB),
that the authority thinks relevant to the application; or
F1457
In paragraph (12), after “This regulation does not apply where” insert “, in relation to an application for a THR(NI) or THR(UK),”.
F2268
After paragraph (13) insert—
14
In the case of an application under the unfettered access route, the licensing authority may grant a THR(GB) (notwithstanding paragraph (4)) where the licensing authority—
a
has considered the application under the unfettered access route and the accompanying material,
b
is satisfied that the applicant has complied with the application requirements, and
c
is satisfied that the conditions in regulation 127(1A) will continue to be met.
15
The licencing authority may refuse to grant an application under the unfettered access route where it is of the opinion that it would represent a risk to public health to do so.
Insertion of regulation 130A (procedure where less than 15 years use of traditional herbal medicinal product)I101117
After regulation 130 (consideration of application) insert—
Procedure where less than 15 years use of traditional herbal medicinal product130A
1
Where an application for a F367THR(GB) (other than an application under the unfettered access route) has been made and the licensing authority considers that—
a
the traditional herbal medicinal product does not satisfy regulation 125(5)(b) (Condition D); but
b
otherwise satisfies the conditions in regulation 125,
the licensing authority may refer the matter to the appropriate committee for relevant advice, and the procedure in Part 3 of Schedule 11 applies (referral to the appropriate committee for traditional herbal registrations).
2
In this regulation—
“appropriate committee” has the same meaning as in paragraph 2(4) of Schedule 11;
“relevant advice” means advice as to whether—
- a
the conditions in regulation 125, other than condition D, are met in relation to the application; and
- b
the licensing authority should exercise its powers under regulation 143A to establish a herbal monograph.
Amendment of regulation 133 (application for renewal of registration)I48118
In regulation 133(2), F244for “must be established in the European Union” substitute—
, where it is applying for renewal of—
a
a THR(NI)—
i
in accordance with Chapter 4 of Title III of the 2001 Directive, must be established in the European Union;
ii
on any other basis, must be established in the United Kingdom;
b
a THR(GB)—
i
under the unfettered access route, must be established in Northern Ireland;
ii
other than under the unfettered access route, must be established in the United Kingdom;
c
a THR(UK), must be established in the United Kingdom.
F451Amendment of regulation 134 (failure to place on the market etc.)I221118A
1
Regulation 134 (failure to place on the market etc.) is amended as follows.
2
In paragraph (1) after “in the United Kingdom” insert “(or, in the case of a THR(GB) granted after an application under the unfettered access route, in Great Britain)”.
3
In paragraph (2) after “in the United Kingdom” insert “(or, in the case of a THR(GB) granted after an application under the unfettered access route, in Great Britain)”.
Amendment of regulation 135 (revocation, variation and suspension of traditional herbal registration)I88119
1
Regulation 135 M69 is amended as follows.
F1031A
For paragraph (6) substitute—
6
Condition E is that the holder of the registration has ceased to be established in—
a
the United Kingdom; or
b
in relation to a THR(NI), either the United Kingdom or the European Union,
in accordance with the requirements of these Regulations.
2
In paragraph (7)(b), F567after “states other than EEA states” insert “/ countries other than approved countries for import”.
F1873
In paragraph (8)(a) omit “other than the United Kingdom”.
4
In paragraph (9), F156in sub-paragraph (b), at the beginning insert “in the case of a THR(NI) or THR(UK),”.
F4284A
After paragraph (10A) insert—
10B
Condition K is that the licensing authority thinks that the revocation, variation or suspension is necessary or expedient in light of the Protocol on Ireland/Northern Ireland in the withdrawal agreement.
5
Omit paragraph (11).
Amendment of regulation 136 (revocation by licensing authority: further provisions)I120120
1
Regulation 136 is amended as follows.
2
In paragraph (1)(a), F559for “the list referred to in” to the end substitute—
i
the list referred to in Article 16f(1) of the 2001 Directive, in the case of a THR(NI) or THR(UK);
ii
the list established under regulation 126A where the application is for a THR(GB); and
3
Omit paragraph (3).
Amendment of regulation 138 (suspension of use etc of traditional herbal medicinal product)I43121
Omit regulation 138(10).
Omission of regulation 139 (registrations granted under Chapter 4 of Title III of the 2001 Directive)I174122
Omit regulation 139.
Amendment of regulation 140 (withdrawal of traditional herbal medicinal product from the market)I183123
In regulation F375140(1) for sub-paragraph (a) substitute—
a
under—
i
regulation 135 or 136, in the case of a THR(GB);
ii
regulation 135 or 136 or Article 34(3) of the 2001 Directive, in the case of a THR(NI) or THR(UK),
the licensing authority revokes or suspends the registration; or
Amendment of regulation 141 (sale etc of suspended traditional herbal medicinal product)I7124
In regulation 141(1), omit “or 139(2)”.
Amendment of regulation 142 (obligation to notify placing on the market etc)I109125
Insertion of new regulation 143A (establishment of herbal monographs)I15126
After regulation 143 (obligation to take account of scientific or technical progress) insert—
Establishment of herbal monographs143A
1
The licensing authority may establish herbal monographs for herbal medicinal products and traditional herbal medicinal products F350to be placed on the market in Great Britain.
2
Subject to paragraph (3), the licensing authority must—
a
consult the appropriate committee, within the meaning of paragraph 2(4) of Schedule 11, on a proposal to establish herbal monographs under paragraph (1); and
b
take the advice of the appropriate committee into account in determining whether to proceed with that proposal.
3
Where an application for a traditional herbal registration has been referred to the appropriate committee by the licensing authority under regulation 130A, the licensing authority must consider whether to exercise its powers under paragraph (1), taking into account any relevant advice of the appropriate committee given under Part 3 of Schedule 11 in relation to that application.
4
The licensing authority must publish a list of any herbal monographs established under this regulation.
5
Until the licensing authority exercises the power under paragraph (1), the Community herbal monographs published from time to time under Article 16h(3) of the 2001 Directive continue to apply, and holders of a traditional herbal registration and the licensing authority must continue to take them into account in exercising any function or in relation to any obligation to which they are relevant under this Part.
F525Substitution of regulation 144 (obligation following new herbal monograph)I242127
For regulation 144 substitute—
144
1
Paragraph (2) applies where a new herbal monograph of the kind referred to—
a
in the case of a THR (NI) or THR (UK), in Article 16h(3) of the 2001 Directive, or
b
in the case of a THR (GB), in regulation 143A,
is established.
2
Where this paragraph applies, the holder of the THR(GB), THR(NI) or THR(UK) to which the monograph relates must as soon as is reasonably practicable—
a
consider whether to modify the registration dossier; and
b
notify any modification to the licensing authority.
Amendment of regulation 145 (obligation to provide information relating to safety etc)I162128
In regulation 145(5)(a), for “which is not an EEA State” substitute “
other than the United Kingdom
”
.
Amendment of regulation 146 (obligation in relation to product information)I237F249129
For regulation 146(2), substitute—
2
In this regulation “current scientific knowledge” includes the conclusions of the assessment and recommendations made public by means of—
a
in the case of a medicinal product for sale or supply in Northern Ireland—
i
the European medicines web-portal established in accordance with Article 26 of Regulation (EC) No 726/2004, and
ii
the UK web-portal established in accordance with regulation 203(1);
b
in the case of a medicinal product for sale or supply in Great Britain only, the UK web-portal established in accordance with regulation 203(1).
Insertion of regulation 148A (urgent safety restrictions)I61130
After regulation 148 (obligation to ensure appropriate and continued supplies) insert—
Urgent safety restrictions148A
1
Where, in the event of a risk to public health, the holder of a traditional herbal registration takes urgent safety restrictions on its own initiative, it must inform the licensing authority immediately.
2
If the licensing authority has not raised objections within 24 hours following receipt of that information, the urgent safety restrictions are deemed to be accepted by the licensing authority.
3
In the event of a risk to public health, the licensing authority may impose urgent safety restrictions.
4
Where an urgent safety restriction is taken by the holder of a traditional herbal registration, or imposed by the licensing authority, the holder must submit an application for variation of that registration in relation to that restriction within 15 days beginning with the date of the initiation of that restriction.
F68Substitution of regulation 149 (urgent safety restrictions)I229131
For regulation 149 substitute—
149
1
The holder of a THR(NI) or a THR(UK) is guilty of an offence if the holder—
a
fails to inform the licensing authority or the European Commission in accordance with Article 22(1) of Regulation (EC) No 1234/2008 that the holder has taken urgent safety restrictions on the holder’s own initiative;
b
fails to implement an urgent safety restriction imposed on the holder by the licensing authority or the European Commission under Article 22(2) of that Regulation; or
c
fails to submit an application for variation of the traditional herbal registration to the licensing authority or the European Commission in accordance with Article 22(3) of that Regulation before the end of a period of fifteen days beginning on the day after—
i
the taking under Article 22(1) or, as the case may be,
ii
the imposition under Article 22(2),
of that Regulation of an urgent safety restriction;
2
The holder of a THR(GB) is guilty of an offence if the holder—
a
fails to inform the licensing authority in accordance with regulation 148A(1) that the holder has taken urgent safety restrictions on the holder’s own initiative;
b
fails to implement an urgent safety restriction imposed on the holder by the licensing authority in accordance with regulation 148A(2); or
c
fails to submit an application for variation of the traditional herbal registration to the licensing authority in accordance with regulation 148A(4) before the end of the period of 15 days beginning with the day after—
i
the taking under regulation 148A(1), or
ii
the imposition under regulation 148A(2),
of an urgent safety restriction.
PART 8Omission of Part 8 (Article 126a authorisations)
F534Amendment of regulation 156 (article 126a authorisations)I245132
In regulation 156—
a
in paragraph (1)—
i
after “126a authorisation for” insert “sale or supply of”;
ii
after “medicinal product” insert “in Northern Ireland only,”;
b
in paragraph (2), after “is in force” insert “in Northern Ireland”;
c
in paragraph (3), after “traditional herbal registration” insert “to be in force in Northern Ireland”;
d
in paragraph (4) for “the United Kingdom” substitute “Northern Ireland”; and
e
in paragraph (5) for “another member State” substitute “an EU member State”.
Amendment of regulation 157 (requests from other member States)I220132A
In regulation 157(1)—
a
in the heading for “other member States” substitute “EU member States”; and
b
in paragraph (1)—
i
after “where the licensing authority” insert “, in relation to a UKMA(NI),”; and
ii
for “another member State” substitute “a member State”.
PART 9Amendment of Part 9 (borderline products)
Amendment of regulation 159 (provisional determination)I140133
In regulation 159(1)—
a
insert “
UK
”
before “marketing authorisation”; and
F266b
for “Article 126a authorisation” insert “, only in relation to a product for sale or supply in Northern Ireland, an Article 126a authorisation or an EU marketing authorisation,”.
Amendment of regulation 164 (effect of determination)I13134
In regulation 164(2)(a) and (b)—
a
insert “
UK
”
before “marketing authorisation”; and
F123b
for “Article 126a authorisation” insert “, only in relation to a product for sale or supply in Northern Ireland, an Article 126a authorisation or an EU marketing authorisation,”.
PART 10Amendment of Part 10 (exceptions to requirement for marketing authorisations etc)
F424New regulation 135ZA (amendment of regulation 167 (supply to fulfil special patient needs))I247135ZA
In regulation 167 (supply to fulfil special patient needs)—
a
in paragraph (6), for “or imported into the United Kingdom from a country other than an EEA State” substitute “, imported into Northern Ireland from a country other than an EEA State or Great Britain, or imported into Great Britain from a country other than an approved country for import or Northern Ireland”;
b
in paragraph (7)—
i
for “imported from an EEA State” substitute “imported into Northern Ireland from an EEA State or imported into Great Britain from a country other than an approved country for import”;
ii
for sub-paragraph (a) substitute—
a
it is manufactured or assembled in that State or country (as appropriate) by a person who is the holder of an authorisation in relation to its manufacture or assembly in accordance with—
i
in the case of a product for sale or supply in Northern Ireland, the provisions of the 2001 Directive as implemented in that State, and
ii
in the case of a product for sale or supply in Great Britain, in accordance with the provisions applicable in that country; or
iii
for sub-paragraph (b) substitute—
b
it is manufactured or assembled as an investigational medicinal product in that State or country (as appropriate) by the holder of an authorisation in relation to its manufacture or assembly in accordance with—
i
in the case of a product for sale or supply in Northern Ireland, Article 13 of the Clinical Trials Directive as implemented in that State, and
ii
in the case of a product for sale or supply in Great Britain, regulations 13 and 43 of the Clinical Trials Regulations,
F482Amendment of regulation 168 (use of non-prescription medicines in the course of a business)I213135
In regulation 168 (use of non-prescription medicines in the course of a business), for paragraph (8) substitute—
8
Condition G is that if the medicinal product is—
a
manufactured or assembled in the United Kingdom or imported into the United Kingdom from—
i
in the case of a product for sale or supply in Northern Ireland, a country other than an EEA State, or
ii
in the case of a product for sale or supply in Great Britain, a country other than an approved country for import,
it is manufactured, assembled or imported by the holder of a manufacturer’s licence that relates specifically to the manufacture, assembly or importation of special medicinal products, or
b
imported into—
i
Northern Ireland from an EEA State, it is manufactured or assembled in that State by a person who is the holder of an authorisation in relation to its manufacture or assembly in accordance with the provisions of the 2001 Directive as implemented in that State, or
ii
Great Britain from an approved country for import—
aa
it is manufactured or assembled in that country by a person who is the holder of an authorisation in that country in relation to its manufacture or assembly, and
bb
it is imported by the holder of a wholesale dealer’s licence under Part 3 that includes the import of a medicinal product from such a country.
Amendment of regulation 169 (mixing of general sale medicinal products)I29136
In regulation 169(9)(a), F16for “marketing authorisation” substitute “UK marketing authorisation or EU marketing authorisation” .
Amendment of regulation 171 (exempt advanced therapy medicinal products)I111137
In regulation 171(2)(c) for “Regulation (EC) No 726/2004F274substitute—
—
i
in the case of a product for sale or supply in Northern Ireland, Regulation (EC) No 726/2004, and
ii
in the case of a product for sale or supply in Great Britain, regulation 49(1).
Amendment of regulation 173 (exemption for certain radiopharmaceuticals)I112138
In regulation 173(c), F476for “marketing authorisation” substitute “UK marketing authorisation or EU marketing authorisation” .
PART 11Amendment of Part 11 (Pharmacovigilance)
Amendment of regulation 177 (application of Part and interpretation)I90139
1
Regulation 177 M71 is amended as follows.
F4402
After paragraph (1) insert—
1A
Schedule 12A applies in relation to medicinal products that are the subject of a UKMA(GB) ora THR(GB).
3
In paragraph (2)—
a
after “this Part” insert “
and Schedule 12A
”
;
F518b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F531c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In paragraph (3)—
a
for “Schedule 33” substitute “
Schedules 12A and 33
”
;
F93b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F185
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2296
In paragraph (5)—
a
for “Schedule 33” substitute “Schedules 33 and 33A”;
b
in paragraph (c) of the definition of “relevant post-authorisation safety study”, omit “and”; and
c
after that definition, insert—
“signal” means, in relation to a UKMA(GB) or THR(GB), information arising from one or multiple sources, including observations and experiments, which suggests a new potentially causal association, or a new aspect of a known association between an intervention and an event or set of related events, either adverse or beneficial, which is judged to be of sufficient likelihood to justify verificatory action; and
F59Amendment of regulation 179 (obligation on licensing authority to operate pharmacovigilance system)I240139A
In regulation 179—
a
in paragraph (1), after “pharmacovigilance system” insert “in relation to medicinal products for sale or supply in Great Britain”;
b
after paragraph (1) insert—
1A
The licensing authority must operate a pharmacovigilance system in relation to medicinal products for sale or supply in Northern Ireland.
c
in paragraph (2) for “The pharmacovigilance system” substitute “Each pharmacovigilance system”; and
d
in paragraph (3)(a) for “the pharmacovigilance system” substitute “each pharmacovigilance system”.
Amendment of regulation 180 (obligation on licensing authority to audit pharmacovigilance system)I27140
1
Regulation 180 is amended as follows.
2
In paragraph (1),
F111a
after “its pharmacovigilance system” insert “relating to medicinal products for sale or supply in Great Britain” and
F197 b
omit “and report the results of that audit to the European Commission”.
F3902A
After paragraph (1) insert—
1A
The licensing authority must perform a regular audit of its pharmacovigilance system relating to medicinal products for sale or supply in Northern Ireland and report the results of that audit to the European Commission.
3
In paragraph (2)—
a
omit “results of the”; and
b
for “reported to the European Commission” substitute “
performed
”
.
F4304
After paragraph (2) insert—
3
The results of the audit referred to in paragraph (1A) must be reported to the European Commission—
a
on the first occasion no later than 21st September 2021;
b
every two years after the first occasion.
F245Amendment of regulation 181 (delegation of obligations under Part 11)I276141
In regulation 181(1), for “to another EEA State” substitute “in connection with its pharmacovigilance system in relation to medicinal products for sale or supply in Northern Ireland to an EEA State”.
Amendment of regulation 182 (obligation on holder to operate a pharmacovigilance system)I180142
1
Regulation 182 M72 is amended as follows.
2
In paragraph (2)(a), F105after “in the EU” insert “or United Kingdom” .
F4022A
In paragraph (2)(b), after “pharmacovigilance system master file” insert “and ensure it is permanently and immediately available for inspection electronically in the United Kingdom at the single point from which the reports referred to in regulation 187(4) are accessible”.
2B
After paragraph (2) insert—
2A
Where the person the holder has permanently and continuously at its disposal under paragraph (2)(a) (“the qualified person”) does not reside and operate in the United Kingdom, the holder must nominate a contact person for pharmacovigilance at a national level who reports to the qualified person, resides and operates in the United Kingdom and has permanent access to the pharmacovigilance system master file.
2B
Paragraph (2A) has effect from the day twelve months after IP completion day.
F1323
For paragraph (3) substitute—
3
Without prejudice to the requirements set out in regulation 65C and Schedule 10A (variations to a UK marketing authorisation) the holder must keep the licensing authority informed at all times of the name and contact details of—
a
the appropriately qualified person mentioned in paragraph (2)(a); and
b
the nominated person mentioned in paragraph (2A).
3A
The holder must—
a
ensure that the pharmacovigilance system master file is accessible electronically from the single point within the United Kingdom from which the reports referred to in regulation 187(4) are accessible; and
b
immediately notify the licensing authority of any change to the single point where the pharmacovigilance system master file may be accessed electronically.
4
Omit paragraph (6).
Amendment of regulation 184 (obligation on holder to audit pharmacovigilance system)I110143
In regulation 184, after paragraph (2) insert—
3
The holder F127of a UKMA(GB) or THR(GB) must also comply with the requirements of paragraph 13 of Schedule 12A in relation to auditing the pharmacovigilance system.
Amendment of regulation 185 (recording obligations on the licensing authority)I193144
In regulation 185(b), after “by” insert “
a holder,
”
.
Amendment of regulation 186 (reporting obligations on the licensing authority)I209F27145
In regulation 186—
a
in paragraph (1), for sub-paragraphs (d) and (e) substitute—
d
submit reports of serious suspected adverse reactions in Northern Ireland that it has recorded under regulation 185 in relation to—
i
a UKMA(NI),
ii
a UKMA(UK),
iii
a THR(NI),
iv
a THR(UK), or
v
an Article 126a authorisation,
to the EMA before the end of the period of 15 days beginning on the day following the day on which the report was received; and
e
submit reports of non-serious suspected adverse reactions in Northern Ireland that it has recorded under regulation 185 in relation to—
i
a UKMA(NI),
ii
a UKMA(UK),
iii
a THR(NI),
iv
a THR(UK), or
v
an Article 126a authorisation,
to the EMA before the end of the period of 90 days beginning on the day following the day on which the report was received.
b
omit paragraph (4).
Insertion of new regulation 187A (collaboration with the World Health Organisation)I123146
After regulation 186 insert—
186A
The licensing authority must collaborate with the World Health Organisation in matters of pharmacovigilance, and must in particular—
a
take the necessary steps to promptly submit to the World Health Organisation appropriate and adequate information regarding the measures taken in the United Kingdom which may have a bearing on public health protection in other countries; and
b
make available promptly all suspected adverse reaction reports occurring in the United Kingdom to the World Health Organisation.
Amendment of regulation 187 (recording obligations on holders)I151147
1
Regulation 187 is amended as follows.
F942
In paragraph (1) for “in the EEA or in third countries” substitute “in the United Kingdom or another country”.
3
In paragraph (4), for “EEA” substitute “
United Kingdom
”
.
Amendment of regulation 188 (reporting obligations on holders)I34148
1
Regulation 188 is amended as follows.
2
In each place where it occurs, for “Eudravigilance database” substitute “
licensing authority
”
.
3
In paragraph (1)—
F173za
for “Subject to paragraph (2), the holder” substitute “The holder of a UK marketing authorisation, traditional herbal registration or Article 126a authorisation”;
a
in sub-paragraph (a)—
i
for “EEA” substitute “
United Kingdom
”
, and
ii
for “third countries” substitute “
countries other than the United Kingdom
”
;
b
in sub-paragraph (b), for “EEA” substitute “
United Kingdom
”
;
c
in sub-paragraph (e), for “EMA and the competent authorities of the EEA States” substitute “
licensing authority
”
.
F5413A
After paragraph (1) insert—
1A
The holder of a UKMA(UK), a UKMA(NI), a THR(UK), a THR(NI) or an Article 126a authorisation must, in relation to the product—
a
submit electronically to the Eudravigilance database a report on all serious suspected adverse reactions that occur in the UK and other countries before the end of the period of 15 days beginning on the day on which the holder gained knowledge of the reaction;
b
submit electronically to the Eudraviligance database a report on all non-serious suspected adverse reactions that occur in an EEA State or Northern Ireland before the end of the period of 90 days beginning on the day on which the holder gained knowledge of the reaction;
c
collect follow-up information on reports submitted under sub-paragraphs (a) or (b) and submit it electronically to the Eudravigilance database by way of an update to the original report within the specified time period; and
d
collaborate with the EMA and the competent authorities of the EEA States in the detection of duplicates of suspected adverse reaction reports.
F2344
In paragraph (2)—
a
after “holder” insert “of a UKMA(NI), a UKMA(UK), a THR(NI), a THR(UK) or an Article 126a authorisation”;
b
for “paragraph (1)(a) or (b)” substitute “paragraph (1A)(a) or (b)”; and
c
for “paragraph (1)(d)” substitute “paragraph (1A)(c)”.
4A
In paragraph (3) for “paragraph (4)” substitute “paragraph (4A)”.
5
In paragraph (4)(a), omit “other than monitored publications”.
F915A
After paragraph (4) insert—
4A
The holder of a UKMA(NI), a UKMA(UK), a THR(NI), a THR(UK) or an Article 126a authorisation must—
a
monitor medical literature other than the monitored publications for reports of suspected adverse reactions to the product; and
b
report suspected adverse reactions identified under sub-paragraph (a) in accordance with paragraph (1A).
6
In paragraph (5), omit the definitions of “monitored active substance” and “monitored publication”.
7
Omit paragraph (6).
Amendment of regulation 189 (signal detection: licensing authority obligations)I99149
1
Regulation 189 is amended as follows.
2
In paragraph (1)—
a
in sub-paragraph (a), for “in the Eudravigilance database” substitute “
that it collects by virtue of operating its pharmacovigilance system under this Part
”
; and
b
in sub-paragraph (d), for “regulations 59 to 61” substitute “
regulations 59, 60 and 61
”
.
F3573
In paragraphs (2) and (3), for “The licensing” insert “In relation to medicinal products subject to a UKMA(UK), a UKMA(NI), a THR(UK), a THR(NI) or an Article 126a authorisation, the licensing”.
Amendment of regulation 190 (signal detection: holder obligation)I226F157150
For regulation 190(1) substitute—
1
The holder must inform—
a
the licensing authority, and
b
in respect of a UKMA(UK), a UKMA(NI), a THR(UK), a THR(NI) or an Article 126a authorisation, the EMA,
without delay if it detects any relevant changes in relation to the product.
Amendment of regulation 191 (obligation on holder to submit periodic safety update reports: general requirements)I92151
1
Regulation 191 is amended as follows.
2
In paragraphs (1) and (7), F314after “EMA” insert “and the licensing authority or, in the case of a holder of a UKMA(GB), to the licensing authority only,".
3
In paragraph (2), insert “
UK
”
before “marketing authorisation”.
F3964
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
After paragraph (4) insert—
4A
A PSUR F462in relation to a product authorised under a UKMA(GB) must also include the content, and be submitted in the format, specified in Part 8 of Schedule 12A.
6
After paragraph (8), insert—
8A
In the case of a conditional marketing authorisation F202in relation to a product authorised under a UKMA(GB), the holder must submit PSURs immediately upon the request of the licensing authority and at least every six months beginning with the date on which the authorisation for the medicinal product is granted or renewed by the licensing authority.
F3887
In paragraph (10)—
a
for sub-paragraph (b) substitute—
b
where—
i
in relation to a product authorised under a UKMA(NI) or UKMA(UK), the product has not yet been placed on the market within the EEA or Northern Ireland, at least every six months following authorisation until the placing on the market within the EEA or Northern Ireland, or
ii
in relation to a product authorised under a UKMA(GB), the product has not yet been placed on the market in Great Britain, at least every six months following authorisation until the placing on the market within Great Britain; and
b
for sub-paragraph (c) substitute—
c
where—
i
in relation to a product authorised under a UKMA(NI) or UKMA(UK), the product has been placed on the market within the EEA or Northern Ireland—
aa
at least every six months during the first two years following the initial placing on the market,
bb
once a year for the following two years, and
cc
every three years after that;
ii
in relation to a product authorised under a UKMA(GB), the product has been placed on the market in Great Britain—
aa
at least every six months during the first two years following the initial placing on the market,
bb
once a year for the following two years, and
cc
every three years after that.
8
Omit paragraph (11).
Amendment of regulation 192 (obligation to submit periodic safety reports: derogation from general requirements)I93152
1
Regulation 192 is amended as follows.
2
In paragraph (1)(a), insert “
UK
”
before “marketing authorisation”.
3
In paragraph (3), F29after “EMA” insert “and the licensing authority or, in the case of a holder of a UKMA(GB), to the licensing authority only,
F5444
In paragraph (9), after “paragraph (3)(a)” insert “from the holder of a UKMA(UK), UKMA(NI), THR(UK), THR(NI) or Article 126a authorisation”.
Amendment of regulation 193 (harmonisation of PSUR frequency or date of submission)I75153
1
Regulation 193 is amended as follows.
F3162
In paragraph (1) substitute—
1
Where products that are subject to different authorisations or registrations contain the same active substance or the same combination of active substances, the frequency and dates of submission may be amended and harmonised in accordance with—
a
Article 107c(4) of the 2001 Directive, where—
i
any of the authorisations or registrations is a UKMA(NI), UKMA(UK), THR(NI), THR(UK) or Article 126a authorisation; and
ii
none of the authorisations or registrations is a UKMA(GB) or THR(GB); or
b
paragraphs (2A), (3) and (4A), where—
i
any of the authorisations or registrations is a UKMA(GB) or THR(GB); and
ii
none of the authorisations or registrations is a UKMA(NI), UKMA(UK), THR(NI), THR(UK) or Article 126a authorisation.
F5362A
In paragraph (2), after “holder” insert “of a UKMA(NI), UKMA(UK), THR(NI), THR(UK) or Article 126a authorisation”.
3
F110After paragraph (2) insert—
F5662A
Where one or more of the grounds in paragraph (3) is met, the holder F406of a UKMA(GB) or THR(GB) may submit a request in writing to the licensing authority, or the licensing authority may in any event decide, to—
a
determine a UK reference date from which submission dates are calculated in respect of products that fall under paragraph (1); or
b
change the frequency and date of submission of the PSUR.
4
5
In paragraph (5)—
F359a
after “of the 2001 Directive” insert “or paragraph (2A) (as the case may be)”
F377b
after “EMA” insert “or licensing authority (as the case may be)”
6
F89After paragraph (6) insert—
F1166A
Subject to paragraph F479(6B), in this regulation, “UK reference date” means a date determined by the licensing authority under paragraph (2)(a) in respect of medicinal products containing the same active substance or the same combination of active substances.
F1166B
Until the licensing authority makes a decision under paragraph (2), any—
a
Union reference date in respect of medicinal products containing the same active substance or the same combination of active substances; or
b
date of submission and frequency of periodic safety reports in respect of such products,
published by the EMA under Article 107c(7) of the 2001 Directive, is deemed to be the UK reference date or, as the case may be, the required date or frequency of PSUR submission, in respect of those medicinal products.
7
After paragraph F527(6B) insert—
7
The licensing authority must publish a list of—
a
UK reference dates it determines under paragraph (2); and
b
the required date of submission and frequency for PSURs in respect of medicinal products containing the same active substance or the same combination of active substances.
8
Any change to the date of submission and frequency of PSURs as a result of the application of this regulation is to take effect after a 6 month period, such period beginning with the day after the licensing authority publishes that change under paragraph (7).
F444Amendment of regulation 194 (responding to a single assessment of PSUR under Article 107e of the 2001 Directive)I38F247154
In regulation 194(1) after “medicinal product” insert “authorised under a UKMA(NI), UKMA(UK), THR(NI), THR(UK) or Article 126a authorisation”.
Amendment of regulation 195 (obligation on licensing authority to assess PSURs)I79155
1
Regulation 195 M73 is amended as follows.
2
In the heading, omit “where EU single assessment procedure does not apply”.
F3272A
Before paragraph (1) insert—
A1
This regulation applies in the circumstances specified in paragraphs (1) and (1A).
2B
In paragraph (1)—
a
after “relating to a medicinal product” insert “authorised for sale or supply authorised under a UKMA(NI), UKMA(UK), THR(NI), THR(UK) or Article 126a authorisation”; and
b
in sub-paragraph (a)(i) omit “other than the United Kingdom”.
3
4
After paragraph (3) insert—
3A
If the licensing authority considers under paragraph (3)(b) that an authorisation or registration needs to be varied, it may require the holder to submit to the licensing authority, within a time period that the licensing authority specifies, an application for a variation, including—
a
an updated summary of the product characteristics; and
b
an updated package leaflet.
F725
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F122Amendment of regulation 196 (urgent action)I255156ZA
In regulation 196—
a
in the italic heading immediately preceding it, after “Urgent action” insert “and major safety review”;
b
in paragraph (1), for “The licensing authority must initiate the Section 4 procedure by informing” substitute “In the case of a medicinal product authorised for sale or supply under a UKMA(NI), UKMA(UK), THR(NI), THR(UK) or Article 126a authorisation, the licensing authority must inform”;
c
omit sub-paragraph (2B);
d
omit paragraphs (4) to (7);
e
in paragraph (8), omit the definition of “EU urgent action procedure” and “Section 4 procedure”.
F442Insertion of new regulation 196A (major safety review by the licensing authority)I52156
F549After regulation 196 insert substitute—
F492...
Major safety review by the licensing authorityF168 196A
1
The licensing authority may conduct a major safety review where—
a
on the basis of concerns resulting from the evaluation of data from pharmacovigilance activities it considers—
i
suspending or revoking a UK marketing authorisation or traditional herbal registration of a medicinal product or in respect of a class of medicinal products,
ii
prohibiting the supply of a medicinal product or a class of medicinal products,
iii
refusing the renewal of a UK marketing authorisation or traditional herbal registration, or
iv
action is necessary to vary a UK marketing authorisation or traditional herbal registration or a class of such authorisations or registrations, including to impose new conditions; or
b
it is informed by a holder that, on the basis of safety concerns, the holder has—
i
interrupted the sale or supply, or offer of sale or supply, of the product to which a UK marketing authorisation or traditional herbal registration relates,
ii
taken action to have that product's authorisation or registration cancelled or intends to do so, or
iii
not applied for the renewal of that product's authorisation or registration.
2
If the licensing authority conducts a review under paragraph (1), it must—
a
announce the initiation of that review on the UK web-portal as soon as reasonably practicable;
b
include in that announcement—
i
an outline of its reasons for conducting a major safety review, the medicinal products concerned and, where applicable, the active substances concerned, and
ii
the proposed structure and time-scale of the review;
c
notify a holder if the product to which that holder's authorisation or registration relates is within the scope of the review; and
d
publish the outcome of that review, including any recommendations it is making, or action it is proposing to take, as soon as reasonably practicable after the conclusion of that review.
3
A holder who is notified under paragraph (2)(c)—
a
must provide to the licensing authority such information as the licensing authority notifies that holder it requires, within such time period as the licensing authority specifies; and
b
may, where such information contains confidential data relevant to the subject matter of the review, because the data relates to a manufacturing process or trade secret, notify the licensing authority that that data is provided in confidence.
4
Where the licensing authority proposes that action should be taken in respect of any UK marketing authorisation or traditional herbal registration—
a
during the conduct of the major safety review, because urgent action is necessary to protect public health; or
b
upon the conclusion of such a review,
it may exercise its powers under Part 5 or 7 (as the case may be) in relation to that authorisation or registration.
F207Amendment of regulation 197 (EU urgent action procedure)I42157
Amendment of regulation 198 (post-authorisation safety studies: general provisions)I74158
1
Regulation 198 is amended as follows.
2
In paragraph (2),
F233a
“the competent authorities” to the end becomes sub-paragraph (a);
b
in sub-paragraph (a), at the end insert “and the licensing authority, where the product is subject to a marketing authorisation, traditional herbal registration or Article 126a authorisation for sale or supply in Northern Ireland;”
c
after sub-paragraph (a) insert—
b
the licensing authority, where the product is subject to a marketing authorisation or traditional herbal registration for sale or supply in Great Britain only.
3
In paragraph (3)—
a
in sub-paragraph (c),
F150i
“for “the relevant competent authorities” substitute—
i
“for “the relevant competent authorities” substitute—
i
the relevant competent authorities and the licensing authority, where paragraph (2)(a) applies;
ii
the licensing authority where paragraph (2)(b) applies,
ii
“any new information” to the end becomes full-out words;
b
in sub-paragraph (d),
F278i
“the competent authorities of the EEA States in which the study was conducted” becomes paragraph (i);
ii
in paragraph (i), after “the study was conducted” insert “and the licensing authority, where paragraph (2)(a) applies;”
iii
after paragraph (i) insert—
ii
the licensing authority, where paragraph (2)(b) applies,
iv
“before the end of the period” to the end becomes full-out words.
Amendment of regulation 199 (submission of draft study protocols for required studies)I134159
1
Regulation 199 is amended as follows.
F1952
In paragraph (2) for “to the body specified in paragraph (3)” to the end substitute—
to—
a
the body specified in paragraph (3) and the licensing authority (where not otherwise required by paragraph (3)), where the authorisation is a UKMA(NI) or UKMA(UK);
b
the licensing authority, where the authorisation is a UKMA(GB),
before the study is commenced.
F1313
In paragraph (4)—
a
after “protocol is submitted” insert “only”;
b
after “paragraphs (2) and (3)(a)” insert “(and is not submitted to the Pharmacovigilance Risk Assessment Committee)”.
F4814
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4815
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4816
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 200 (amendment to study protocols for required studies)I77160
1
Regulation 200 is amended as follows.
F782
In paragraph (2) for “to the body specified in paragraph (3)” to the end substitute—
to—
a
the body specified in paragraph (3) and the licensing authority (where not otherwise required by paragraph (3)), where the authorisation for the product is a UKMA(NI) or UKMA(UK);
b
the licensing authority, where the authorisation for the product is a UKMA(GB),
before their implementation.
F1803
In paragraph (4)—
a
after “protocol is submitted” insert “only”;
b
after “paragraphs (2) and (3)(a)” insert “(and is not submitted to the Pharmacovigilance Risk Assessment Committee)”.
F5654
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4355
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 201 (submission and evaluation of final study reports for required studies)I51161
1
Regulation 201 is amended as follows.
F4852
In paragraph (2) for “to the body specified in paragraph (3)” to the end substitute—
to—
a
the body specified in paragraph (3) and the licensing authority (where not otherwise required by paragraph (3)), where the authorisation for the product is a UKMA(NI) or UKMA(UK);
b
the licensing authority, where the authorisation for the product is a UKMA(GB),
a final study report and an abstract of the study results.
F3763
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In paragraph (4), F1omit “for reports falling under paragraph (3)(a)” and “for reports falling under paragraph (3)(b)
F138Amendment of regulation 202 (follow up of final study reports)I246162
In regulation 202(1), after “This regulation applies” insert “in respect of a UKMA(NI), UKMA(UK), THR(NI), THR(UK) or Article 126a authorisation”.
Insertion of new regulation 202A (medicinal products subject to additional monitoring)I131163
After regulation 202 insert—
Medicinal products subject to additional monitoringLicensing authority power in relation to medicinal products subject to additional monitoring202A
1
The licensing authority may establish a list of medicinal products that are subject to additional monitoring.
2
The list referred to in paragraph (1) is to include the names and active substances of—
a
medicinal products authorised in the United Kingdom that contain a new active substance which, on 1st January 2011, was not contained in any medicinal product authorised in the United Kingdom;
b
any biological medicinal product not covered by sub-paragraph (a) that was authorised in the United Kingdom after 1st January 2011;
c
medicinal products that are authorised pursuant to these Regulations, subject to the conditions referred to in regulation 50I, 59(2)(b) or (c), 60 or 61(4).
3
If the licensing authority considers it appropriate, medicinal products that are authorised pursuant to these Regulations, subject to the conditions referred to in regulation 59(2)(a), (d), (e) or (f), 61(5) or 183(2), may also be included in the list referred to in paragraph (1).
4
For medicinal products included in the list referred to in paragraph (1)—
a
the summary of product characteristics and the package leaflet must include a symbol and statement as follows: “▼ This medicinal product is subject to additional monitoring”; and
b
that symbol must be proportional to the font of the subsequent standardised text, and each side of the triangle must have a minimum length of 5 millimetres.
5
In the cases referred to in paragraph (2)(a) and (b), the licensing authority must, unless paragraph (6) applies, remove a medicinal product from the list after five years, beginning with the day after the UK reference date referred to in regulation 193.
6
In the cases referred to in paragraph (2)(c) and (3), the licensing authority must remove a medicinal product from the list once the condition or obligation under a provision specified in those paragraphs has been fulfilled.
7
Until the licensing authority publishes a list of medicinal products under paragraph (1), the reference to that list is instead to be read as a reference to the list referred to in Article 23 of Regulation (EC) No 726/2004, as that list may be amended from time to time.
Amendment of regulation 203 (obligations on licensing authority in relation to national medicines web-portal)I70164
1
Regulation 203 is amended as follows.
2
In paragraph (1), omit from “linked” to the end.
F3803
In paragraph (2), after sub-paragraph (d) insert—
da
the list published by the licensing authority under, or which applies by virtue of, regulation 202A;
F52Amendment of regulation 204 (obligation on licensing authority in relation to public announcements)I47165
Amendment of regulation 205 (obligations on holders in relation to public announcements)I3166
1
Regulation 205 is amended as follows.
2
In paragraph (2), F139after “bodies listed in paragraph (3)” insert “where the product is subject to a UKMA(NI), UKMA(UK), THR(NI), THR(UK) or Article 126a authorisation, or the licensing authority where the product is subject to a UKMA(GB) or THR(GB),”
F1623
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Insertion of regulation 205A (further obligations in respect of pharmacovigilance activities)I201167
After regulation 205 insert—
Further obligations in respect of pharmacovigilance activitiesFurther obligations in respect of pharmacovigilance activities205A
1
Schedule 12A F115applies in relation to medicinal products for sale or supply under a UKMA(GB) or THR(GB) and makes further provision as to the obligations of a holder and the licensing authority in respect of the performance of pharmacovigilance activities under this Part.
3
Regulations under paragraph (2) may make provision regarding the performance of pharmacovigilance activities under this Part as to—
a
the content and maintenance of the pharmacovigilance system master file kept by the holder;
b
the minimum requirements for the quality system for the performance of pharmacovigilance activities by the holder and the licensing authority;
c
the use of internationally agreed terminology, formats and standards for the performance of pharmacovigilance activities;
d
the minimum requirements for the monitoring of data recorded by the licensing authority pursuant to regulation 185 (recording obligations on the licensing authority) to determine whether there are new risks or whether risks have changed;
e
the format and content of electronic transmission of suspected adverse reactions by a holder;
f
the format and content of electronic periodic safety reports and risk management plans; and
g
the format of protocols, abstracts and final study reports for the post-authorisation safety studies.
Insertion of new Schedule 12A (further provision as to performance of pharmacovigilance activities)I171168
Schedule 6 inserts a new Schedule 12A after Schedule 12 to the 2012 Regulations.
Insertion of regulation 205B (guidance in respect of good pharmacovigilance practice and post authorisation efficacy studies)I66169
After new regulation 205A insert—
Guidance in respect of pharmacovigilanceGuidance in respect of good pharmacovigilance practice and post authorisation efficacy studies205B
1
The licensing authority may publish—
a
guidance on good pharmacovigilance practices for both the licensing authority and UK marketing authorisation holders;
b
scientific guidance on post authorisation efficacy studies.
2
Subject to paragraph (3), the guidance issued by the Commission under Article 108a of the 2001 Directive on the matters specified in paragraph (1)(a) and (b) continues to apply until the date on which the licensing authority publishes guidance under paragraph (1).
3
The licensing authority—
a
may determine that provisions of the guidance specified in paragraph (2) no longer apply, or apply subject to specified modifications, from a date that it specifies; and
b
must, if it so determines, publish its determination.
4
Guidance published under paragraph (1), or which applies by virtue of paragraph (2) (as modified by any determination under paragraph (3), as the case may be), is to be taken into account in consideration of whether there has been any failure to comply with a provision in this Part, or Schedule 12A, to which the guidance is relevant.
Amendment of regulation 206 (infringement notices)I44170
1
Regulation 206 M74 is amended as follows.
F5242
In paragraph (3), after “paragraph (1)” insert “in relation to a product authorised for sale or supply under a UKMA(NI), UKMA(UK), THR(NI) or THR(UK)”.
3
In paragraph (4) after sub-paragraph (a) insert—
aa
Schedule 12A;
Amendment of regulation 207 (offences)I59171
In regulation 207(1), after “other than” insert “
Schedule 12A (further requirements in respect of pharmacovigilance activities) and
”
.
Amendment of regulation 208 (false and misleading information)F454172
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 209 (penalties)F294173
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Omission of regulation 210 (offences relating to pharmacovigilance obligations under Regulation (EC) No 726/2004)F537174
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 210A (offences in relation to pharmacovigilance obligations under the Implementing Regulation)I26175
1
Regulation 210A M75 is amended as follows.
3
In paragraph (1)—
F378a
in sub-paragraph (a), at the beginning insert “in relation to a UKMA(NI), UKMA(UK), THR(NI) THR(UK) or Article 126a authorisation,”;
b
after sub-paragraph (a) insert—
aa
in relation to a UKMA(GB) or THR(GB), fails to comply with any requirement or obligation contained in a provision of Schedule 12A listed in paragraph (2A); or
4
F429After paragraph (2) insert—
F4032A
The provisions of Schedule 12A mentioned in paragraph (1)(a) are—
a
Part 1 (pharmacovigilance system master file);
b
Parts 2 and 3 (minimum requirements for the quality systems in the performance of pharmacovigilance activities);
c
Part 6 (transmission of reports of suspected adverse reactions);
d
paragraph 24 (update of risk management plans);
e
Part 8 (periodic safety update reports); and
f
Part 9 (post-authorisation safety studies).
F3713
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3714
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1125
In paragraph (4), after “Implementing Regulation” insert “, or of paragraph 26(8) or 29(1) of Schedule 12A,”.
Amendment of regulation 211 (persons liable)F352176
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I265Amendment of regulation 212 (transitional arrangements)F235177
In regulation 212, omit “182, 186, 188, 191, 192”.
Amendment of Schedule 33 (transitional arrangements: pharmacovigilance)I23178
In Schedule 33, omit paragraphs 1, 2 and F4955 to 10.
PART 12Amendment of Part 12 (dealings with medicinal products)
Amendment of regulation 213 (interpretation of Part 12)I71179
In regulation 213(1) M76—
a
insert at the appropriate place—
“approved country health professional” means a person who is practising in a profession included in the list published under regulation 214(6A) in a country that is included in that list in relation to that profession;
b
omit the definition of “EEA health professional”M77; and
c
in the definition of “relevant prescriber”, for “EEA health professional” substitute “
approved country health professional
”
.
Amendment of regulation 214 (sale or supply of prescription only medicines)I107180
1
Regulation 214 M78 is amended as follows.
2
In paragraph (2)(a), for “EEA health professional” substitute “
approved country health professional
”
.
3
In paragraph (6), for “EEA health professional” substitute “
approved country health professional
”
.
4
After paragraph (6) insert—
6A
The licensing authority must publish a list of approved countries and professions for the purposes of the definition of “approved country health professional”.
6B
In order to determine whether a country or profession should be included in the list published under paragraph (6A), the licensing authority may, in particular, take into account—
a
the country's standards of professional qualification;
b
the country's system for ensuring that qualified professionals have undergone training which meets the requirements that apply in that country;
c
the effectiveness of enforcement of professional standards;
d
the mechanisms the country has in place to assist members of the public in obtaining information in respect of a qualified professional who is established there; and
e
the regularity and rapidity of information provided by that country relating to non-compliant professionals.
6C
The licensing authority must—
a
review a country or profession it has included in the list published under paragraph (6A) to determine if it is still satisfied that they should remain on the list, and if it is not so satisfied, remove it from that list; and
b
undertake such a review at least every 3 years beginning with the date on which that country or profession was included in that list.
Amendment of regulation 216 (exceptions to regulation 215)I200181
In regulation 216(2), for “EEA health professional” substitute “
approved country health professional
”
.
Amendment of regulation 217 (requirements for prescriptions: general)I21182
In regulation 217(8)(a) M79, for “EEA health professional” substitute “
approved country health professional
”
.
Amendment of regulation 217A (requirements for prescriptions to be dispensed in an EEA State)I203183
1
Regulation 217A M80 is amended as follows.
2
In the heading, omit “other than the UK”.
3
In paragraph (2)(a), omit “other than the UK”.
Amendment of regulation 218 (requirements for prescriptions: EEA health professionals)I163184
1
Regulation 218 M81 is amended as follows.
2
In the heading, and each place where it subsequently occurs, for “EEA health professional” substitute “
approved country health professional
”
.
3
In paragraph (5)(c) and (d)(ii)(bb), for “EEA health professional's” substitute “approved country health professional's”.
4
In paragraph (2)(a), for “relevant European State except the United Kingdom” substitute “
country included in the list published under regulation 214(6A)
”
.
Amendment of regulation 219 (electronic prescriptions)I138185
In regulation 219(2) M82, for “EEA health professional” substitute “
approved country health professional
”
.
Amendment of regulation 219A (electronic prescriptions: EEA health professionals)I115186
1
Regulation 219A M83 is amended as follows.
2
In the heading, for “EEA health professionals” substitute “
approved country health professionals
”
.
3
In paragraph (2), for “EEA health professional” substitute “
approved country health professional
”
.
Amendment of regulation 229 (exemption for supply by national health services bodies and local authorities)I275F260187
In regulation 229(3), for sub-paragraph (f) substitute—
f
when the product is supplied—
i
in Northern Ireland, a UKMA(NI), UKMA(UK), EU marketing authorisation, Article 126a authorisation, certificate of registration, THR(NI) or THR(UK), or
ii
in Great Britain, a UKMA(GB), UKMA(UK), certificate of registration, THR(GB) or THR(UK),
is in force in relation to it.
Amendment of regulation 230 (exemption for supply etc under a PGD to assist doctors or dentists)I267F347188
For regulation 230(8) substitute—
8
Condition G is that when the product is supplied or (as the case may be) administered —
a
in Northern Ireland, a UKMA(NI), UKMA(UK), EU marketing authorisation, Article 126a authorisation, certificate of registration, THR(NI) or THR(UK), or
b
in Great Britain, a UKMA(GB), UKMA(UK), certificate of registration, THR(GB) or THR(UK),
is in force in relation to it.
Amendment of regulation 231 (exemption for supply etc under a PGD by independent hospitals etc.)I263F82189
For regulation 231(8) substitute—
8
Condition G is that when the product is supplied—
a
in Northern Ireland, a UKMA(NI), UKMA(UK), EU marketing authorisation, Article 126a authorisation, certificate of registration, THR(NI) or THR(UK), or
b
in Great Britain, a UKMA(GB), UKMA(UK), certificate of registration, THR(GB) or THR(UK),
is in force in relation to it.
Amendment of regulation 232 (exemption for supply etc under a PGD by dental practices and clinics: England and Wales)I270F471190
For regulation 232(8) substitute—
8
Condition F is that when the product is supplied, a UKMA(GB), UKMA(UK), certificate of registration, THR(GB) or THR(UK) is in force in relation to it.
Amendment of regulation 233 (exemption for supply etc under a PGD by a person conducting a retail pharmacy business)I280F432191
For regulation 233(7) substitute—
7
Condition F is that when the prescription only medicine is supplied or (as the case may be) administered—
a
in Northern Ireland, a UKMA(NI), UKMA(UK), EU marketing authorisation, Article 126a authorisation, certificate of registration, THR(NI) or THR(UK), or
b
in Great Britain, a UKMA(GB), UKMA(UK), certificate of registration, THR(GB) or THR(UK),
is in force in relation to it.
Amendment of regulation 234 (exemption for supply etc of products under a PGD to assist the police etc)I214F148192
For regulation 234(9) substitute—
9
Condition H is that when the product is supplied—
a
in Northern Ireland, a UKMA(NI), UKMA(UK), EU marketing authorisation, Article 126a authorisation, certificate of registration, THR(NI) or THR(UK), or
b
in Great Britain, a UKMA(GB), UKMA(UK), certificate of registration, THR(GB) or THR(UK),
is in force in relation to it.
Amendment of Schedule 17 (exemptions for sale, supply or administration by certain persons)I8193
1
Schedule 17 M84 is amended as follows.
2
In the table in Part 1, in column 1 in entry 10, F400for “marketing authorisations” substitute “UK marketing authorisations, EU marketing authorisations.
3
In the table in Part 4, in columns 1 and 2 in entry 9, F214for “marketing authorisation” substitute “UK marketing authorisation, EU marketing authorisation.
Amendment of regulation 249 (restrictions on persons to be supplied with medicinal products)I194194
In regulation 249(2)—
a
in sub-paragraph (a), insert “
UK
”
before “marketing authorisation”;
F368b
after sub-paragraph (a) insert—
aa
an EU marketing authorisation;
F95Amendment of regulation 251 (compliance with standards specified in certain publications)I277194A
In regulation 251 (compliance with standards specified in certain publications), after paragraph (5) insert—
6
In paragraph (1), (2) or (3) a product is to be treated as complying with the standard specified in the relevant monograph where—
a
the product complies with the standard specified in a relevant marketing authorisation for the product concerned, and
b
the standard specified in that marketing authorisation does not comply with the standard specified in the relevant monograph.
7
In paragraph (6), “relevant marketing authorisation” means—
a
an EU marketing authorisation;
b
an authorisation granted by the licencing authority under Chapter 4 of Title III to the 2001 Directive; or
c
a UKMA(GB) granted under the unfettered access route.
Amendment of regulation 254 (prohibitions concerning traceability of treatment with advanced therapy medicinal products)I147195
In regulation 254(2)(a), for the words from “laid down in” to the end, substitute—
imposed pursuant to—
a
as regards gametes and embryos, sections 12(3), and 33A to 33D of, and paragraph 1 of Schedule 3A to, the Human Fertilisation and Embryology Act 1990 M85;
b
as regards blood cells, regulations 8, 9(e) and 14 of the Blood Safety and Quality Regulations 2005 M86; and
c
as regards other cells and tissues, regulations 13 and 16 of, and paragraph 1 of Schedule 2 to, the Human Tissue (Quality and Safety for Human Application) Regulations 2007 M87;
F477Amendment of regulation 255B (exception to Article 25 of Commission Regulation 2016/161: health care institutions)I211196
In regulation 255A(1), after “purpose of sale or supply,” insert “in Northern Ireland,”.
Amendment of regulation 255B (exception to Article 25 of Commission Regulation 2016/161: health care institutions)I248196A
In regulation 255B, after “medicinal products to the public” in the first place it occurs insert “in Northern Ireland”.
PART 13Omission of Part 12A (sale of medicines to the public at a distance)
F288Amendment of Part 12AI216197
1
Before regulation 256A (interpretation) insert—
Application of Part256ZA
This part applies to Northern Ireland only.
2
In regulation 256A(1) (interpretation)—
a
in the definition of “the list”, for “competent authority of a member State in which the person named on the list is established” substitute “licensing authority”;
b
omit the definition of “relevant website of the member State”;
c
at the appropriate place in the alphabetical order insert—
“website of the licensing authority” means a website of the licensing authority providing information on—
- a
the national legislation applicable to the offering of medicinal products for sale at a distance to the public by information society services;
- b
the differences between Northern Ireland and EEA States regarding classification of medicinal products and the conditions for their supply;
- c
the purpose of the common logo;
- d
the list of persons offering medicinal products for sale at a distance by means of information society services as well as their website addresses;
- e
background information about the risks related to medicinal products supplied illegally to the public by means of information society services;
- f
a hyperlink to the website of the EMA;
d
in the definition of “website of the EMA”—
i
in paragraph (a)—
aa
for “relevant website of the member State” substitute “website of the licensing authority”;
bb
for “that member State” substitute “Northern Ireland”;
ii
in paragraph (e), for “hyperlinks to the relevant website of the member State” substitute “a hyperlink to the website of the licensing authority”.
3
In regulation 256B (person who may sell medicinal products by information society services)—
a
before paragraph (1) insert—
A1
This regulation applies to a person who is an established service provider (as defined in regulation 2(1) of the Electronic Commerce (EC Directive) Regulations 2002) in Northern Ireland.
b
in paragraph (2), omit “of persons selling medicinal products at a distance that is published on the relevant website of the member State”;
c
for paragraph (3) substitute—
3
Condition B is that the product to be sold by information society services is covered by a UK marketing authorisation or an authorisation granted—
a
under Regulation (EC) No 726/2004; or
b
by a competent authority of the member State in which that product is destined to be sold.
3A
Condition B does not apply to—
a
a special medicinal product;
b
a medicinal product where the product is the result of a process of manufacture to which regulation 17(1) does not apply by virtue of any provision of section 10 of the Medicines Act 1968; or
c
a medicinal product where—
i
the product is a result of a process of assembly of a medicinal product that is an authorised medicinal product within the meaning of regulation 3(15);
ii
regulation 17(1) does not apply to the process of assembly by virtue of any provision of section 10 of the Medicines Act 1968;
iii
the process of assembly results in a change in the presentation of the authorised medicinal product; and
iv
by reason of the change in paragraph (iii) the product does not comply with condition B.
d
in paragraph (4), omit “in the member State in which that person is established”;
e
in paragraphs (6), for “the competent authority in a member State in which the person is established” substitute “the licensing authority”;
f
in each of paragraphs (8)(b) and (c), for “the competent authority of a member State” substitute “the licensing authority”.
4
In regulations 256C (notification requirements for sellers of medicinal products at a distance) to 256M (offences: breach of regulations and false information), for “competent authority of a member State” in each place it occurs (including in the headings to regulations 256F and 256J) substitute “licensing authority”.
5
In regulation 256C (notification requirements for sellers of medicinal products at a distance), in paragraph (2)(b)(iv), for “informantion” substitute “information”.
6
In regulation 256D(3) (procedure for listing persons who may supply medicinal products at a distance), for “that competent authority” in both places substitute “the licensing authority”.
7
In regulation 256G (grant or refusal to list a person)—
a
in paragraph (2), for “that competent authority” substitute “the licensing authority”;
b
in paragraph (3)—
i
for “that competent authority” substitute “the licensing authority”;
ii
for “relevant website of the member State” substitute “website of the licensing authority”.
8
In regulation 256H(3) (conditions to be met by a person entered on the list)—
a
in sub-paragraph (a), omit “which is responsible for maintaining the list on which the person selling products at a distance is included”;
b
in sub-paragraph (b), for “relevant website of the Member State” substitute “website of the licensing authority”.
9
In regulation 256J (procedure where the licensing authority proposes to suspend, vary or remove a person’s entry on the list), omit sub-paragraph (6)(b) (and the “and” at the end of sub-paragraph (a)).
10
In regulation 256K(1) (suspension of a person’s entry on the list in cases of urgency), for “that competent authority” substitute “the licensing authority”.
11
In regulation 256L (variation of a person’s entry on the list on the application of that person)—
a
in paragraph (3), for “that competent authority” substitute “the licensing authority”;
b
in paragraph (6)(b), for “that competent authority’s” substitute “the licensing authority’s”.
PART 14Amendment of Part 13 (packaging and leaflets)
Amendment of regulation 257 (packaging requirements: general)I104198
1
Regulation 257 is amended as follows.
2
In paragraph (6), after “this regulation,” insert “
regulation 257C F186where the product is for sale or supply in Great Britain only,”
.
3
After paragraph (7) insert—
8
Nothing in this regulation applies to the outer or immediate packaging of an advanced therapy medicinal product F155for sale or supply in Great Britain only.
F57Amendment of regulation 257A (packaging requirements: medicinal products required to bear safety features)I219199
In regulation 257A, after “either fully or partially,” insert “from a product to which Article 54a of the 2001 Directive applies”.
Amendment of regulation 257B (transitional arrangements)I224199A
In regulation 257B, after “unless the product” insert “is one to which Article 54a of the 2001 Directive applies and”.
Insertion of regulations 257C (packaging requirements: advanced therapy medicinal products) and 257D and 257E (guidance and regulations in relation to packing, leaflets and labelling)I56200
After regulation 257, insert—
Packaging requirements: advanced therapy medicinal products257C
1
The information specified in Part 4 of Schedule 24 must appear—
a
on the outer packaging of an advanced therapy medicinal product F201for sale or supply in Great Britain only (other than an exempt advanced therapy medicinal product); and
b
on the immediate packaging F281of that product, unless paragraph (2) or (3) applies to the packaging.
2
This paragraph applies to the immediate packaging if the packaging is in the form of a blister pack and is placed in outer packaging which complies with the requirements of Part 4 of Schedule 24.
3
This paragraph applies to immediate packaging if the packaging is too small to display the information required by Part 4 of Schedule 24.
4
The information specified in Part 5 of Schedule 24 must appear on immediate packaging to which paragraph (2) or (3) applies.
Guidance as to packaging and package leafletsF283257D
1
The licensing authority may publish guidance on packaging and package leaflets applicable to products for sale or supply in the whole United Kingdom or parts of the United Kingdom, as appropriate.
2
Guidance published under paragraph (1) may, in particular, include—
a
the wording of certain special warnings for certain categories of medicinal products;
b
the particular information needs relating to products that are a pharmacy medicine;
c
the legibility of particulars on the labelling and package leaflet;
d
the methods of identification and authentication of medicinal products;
e
the list of excipients which must feature on the labelling of medicinal products and the way in which these excipients must be indicated.
3
Until such time as the licensing authority publishes guidance under paragraph (1), any guidance published by the Commission pursuant to Article 65 of the 2001 Directive, insofar as that guidance was in force immediately before IP completion day, continues to apply as if it had been published by the licensing authority under paragraph (1).
Regulation-making power as to certain forms of labelling257E
The Ministers may by regulations require the use of certain forms of labelling of a medicinal product in order to make it possible to ascertain—
a
the price of the medicinal product;
b
any reimbursement conditions of the National Health Service;
c
the legal status for supply to the patient in accordance with regulation 5 (classification), insofar as not already provided for in Schedule 25;
d
authenticity and identification of the medicinal product in accordance with Article 54a(5) of the 2001 Directive.
Amendment of Schedule 24 (packaging information requirements)I37201
1
Schedule 24 is amended as follows.
2
In paragraph 7(b), for “published pursuant to Article 65 of the 2001 Directive” substitute “
published under regulation 257D
F335in the case of products for sale or supply in Great Britain, or in the case of products for sale or supply in Northern Ireland, any guidance published pursuant to Article 65 of the 2001 Directive or under regulation 257D that is applicable to such products.”
.
3
In paragraphs 15, 16 and 23, F490for “marketing authorisation,” substitute “UK marketing authorisation, EU marketing authorisation”..
F5214
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
After Part 3 insert—
PART 4Outer and immediate packaging: advanced therapy medicinal products F472for sale or supply in Great Britain only
34
The name of the advanced therapy medicinal product which is the international non-proprietary name, or if none, the common name.
35
Where appropriate, whether the product is intended for babies, children or adults.
36
The expiry date in clear terms including the year and month and, if applicable, day.
37
A description of the active substance, expressed qualitatively and quantitatively.
38
Where the product contains tissues and cells of human or animal origin—
a
a statement that the product contains such cells or tissues; and
b
a short description of the cells or tissues and of their specific origin, including the species of animal in cases on non-human origin.
39
The pharmaceutical form and the contents by weight, volume or number of doses of the product.
40
A list of excipients, including preservative systems.
41
The method of use, application, administration or implantation and, if appropriate, the route of administration, with space provided for the prescribed dose to be indicated.
42
A special warning that the product is to be stored out of the sight and reach and children.
43
Any special warning necessary for the particular product.
44
Any special storage precautions.
45
Specific precautions relating to the disposal of the unused product or of waste derived from the product and, where appropriate, reference to any appropriate collection system.
46
The name and address of the holder of the UK marketing authorisation and, where applicable, the name of the representative appointed by the holder to represent him.
47
The UK marketing authorisation number.
48
The manufacturer's batch number.
49
The unique donation code assigned by a tissue establishment pursuant to—
a
paragraph 1 of Schedule 3A to the Human Fertilisation and Embryology Act 1990 M88, as regards human gametes and embryos; and
b
paragraph 1 of Schedule 2 to the Human Tissue (Quality and Safety for Human Application) Regulations 2007 M89, as regards other human tissues and cells.
50
Where the exempt advanced therapy medicinal product is for autologous use, the unique patient identifier and the words “for autologous use only”.
PART 5Immediate packaging: blister packs and small packaging (advanced therapy medicinal products F205for sale or supply in Great Britain only)
51
The information specified in Part 2.
52
The unique donation code assigned by a tissue establishment pursuant to—
a
paragraph 1 of Schedule 3A to the Human Fertilisation and Embryology Act 1990, as regards human gametes and embryos; and
b
paragraph 1 of Schedule 2 to the Human Tissue (Quality and Safety for Human Application) Regulations 2007, as regards other human tissues and cells.
53
Where the exempt advanced therapy medicinal product is for autologous use, the unique patient identifier and the words “for autologous use only”.
Amendment of regulation 259 (packaging requirements: information for blind and partially sighted patients)I127202
In regulation 259(2), F383for “marketing authorisation,” substitute “UK marketing authorisation, EU marketing authorisation”.
Amendment of regulation 260 (package leaflets)I165203
1
Regulation 260 is amended as follows.
2
After paragraph (1) insert—
1A
If the medicinal product is an advanced therapy medicinal product F339for sale or supply in Great Britain only (other than an exempt advanced therapy medicinal product), the package leaflet must contain the information specified in Part 3 of Schedule 27 in the order specified in that Part.
3
In paragraph (2), after “Part 2 of that Schedule)” insert “
, or where the product is an advanced therapy medicinal product F79for sale or supply in Great Britain only, the information specified in Part 3 of that Schedule,
”
.
Amendment of Schedule 27 (package leaflets)I57204
1
Schedule 27 M90 is amended as follows.
2
In paragraph 8(c)(ii), for “Article 65 of the 2001 Directive”, substitute “
published under regulation 257D F117in the case of products for sale or supply in Great Britain, or in the case of products for sale or supply in Northern Ireland, any guidance published pursuant to Article 65 of the 2001 Directive or under regulation 257D that is applicable to such products.
”
.
3
In paragraph 11(f), F460for “marketing authorisation,” substitute “UK marketing authorisation, EU marketing authorisation”.
4
5
In paragraph 13—
a
F344after “Article 23 of Regulation (EC) No 726/2004"F61insert “in the case of products for sale or supply in Northern Ireland, or the list referred to in regulation 202A, in the case of products for sale or supply in Great Britain,”; ;
b
before “statement”, insert “
symbol and
”
; and
c
before “This”, insert “
▼
”
.
6
At the end insert—
Part 3Advanced therapy medicinal products F433for sale or supply in Great Britain only
18
The name of the advanced therapy medicinal product.
19
Where appropriate, whether the product is intended for babies, children or adults.
20
The common name of the advanced therapy medicinal product.
21
The therapeutic group, or type of activity, of the product, in terms easily comprehensible for the patient.
22
Where the product contains cells or tissues, a description of those cells or tissues and of their specific origin, including the species of animal in cases of non-human origin.
23
Where the product contains medical devices or active implantable medical devices, a description of those devices and their specific origin.
24
The product's therapeutic indications.
25
A list of information which is necessary before the medicinal product is taken or used, including—
a
contra-indications;
b
appropriate precautions for use;
c
interactions with other medicinal products which may affect the action of the product;
d
interactions with other substances, including alcohol, tobacco and foodstuffs which may affect the action of the product;
e
special warnings; if any, relating to the product.
26
The list mentioned in paragraph 25 must—
a
take into account the special requirements of particular categories of users (including, in particular, children, pregnant or breastfeeding women, the elderly and persons with specific pathological conditions);
b
mention, if appropriate, possible effects on the ability to drive vehicles or operate machinery; and
c
list any excipients—
i
if knowledge of the excipients is important for the safe and effective use of the product; and
ii
the excipients are included in the guidance published under regulation 257D.
27
Instructions for proper use of the product including in particular—
a
the dosage;
b
the method of use, application, administration or implantation and, if necessary, the route of administration;
c
the frequency of administration (including, if necessary, specifying the times at which the product may or must be administered);
d
the duration of treatment if this is to be time limited;
e
symptoms of an overdose and the action, if any, to be taken in the case of an overdose;
f
what to do if one or more doses have not been taken;
g
a specific recommendation to consult a doctor or pharmacist, as appropriate, for further explanation of the use of the product.
28
A description of the adverse reactions which may occur in normal use of the medicinal product and, if necessary, the action to be taken in such a case.
29
A reference to the expiry date printed on the packaging of the product with—
a
a warning against using the product after that date;
b
if appropriate, details of special storage precautions to be taken;
c
if necessary, a warning concerning visible signs of deterioration;
d
the full qualitative and quantitative composition;
e
the name and address of the UK marketing authorisation holder and, if applicable, the name of the holder's appointed representative; and
f
the name and address of the manufacturer.
30
The date on which the package leaflet was last revised.
Amendment of regulation 266 (language requirements etc)F557205
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 267 (submission of mock-ups of packaging and leaflets to licensing authority)I182206
In regulation 267 F220before “marketing authorisation”, in each place where it occurs, insert “UK”.
Amendment of regulation 268 (offence relating to packaging and package leaflets)I170207
1
Regulation 268 M91 is amended as follows.
F1441A
In the heading to the regulation, after “packaging and package leaflets” insert “in Great Britain”.
F3972
In paragraph (1)—
a
for “marketing authorisation, Article 126a authorisation” substitute “UKMA(UK), UKMA(GB)”;
b
after “the purpose of sale or supply” insert “, in Northern Ireland”.
3
In paragraph (2)(a)—
a
for “Article 28 or 32 of the Paediatric Regulation” substitute “
regulation 50C(4), 50D(8) or 58A(2)(b)
”
; and
b
omit “, Article 9 of Commission Regulation 2016/161”.
F199Insertion of new regulation 268A (offence relating to packaging and package leaflets in Northern Ireland: holder of authorisation etc)I272207A
After regulation 268 insert—
Offence relating to packaging and package leaflets in Northern Ireland: holder of authorisation etc268A
1
This regulation applies to the holder of a UKMA(UK), UKMA(NI), EU marketing authorisation, Article 126a authorisation, certificate of registration or traditional herbal registration for a medicinal product who sells or supplies, offers to sell or supply, or possesses for the purpose of sale or supply, in Northern Ireland, a medicinal product to which the authorisation, certificate or registration relates.
2
A person to whom this regulation applies is guilty of an offence if—
a
a package or package leaflet relating to the product does not comply with the applicable requirements of this Part, Article 9 of Commission Regulation 2016/161 or Article 28 or 32 of the Paediatric Regulation; or
b
the product is not accompanied by a package leaflet when one is required by virtue of this Part.
Amendment of regulation 269 (offences relating to packaging and package leaflets: other persons)I22208
1
Regulation 269 M92 is amended as follows.
F4941A
In the heading to the regulation, after “packaging and package leaflets” insert “in Great Britain”.
F2592
In paragraph (1)—
a
for “marketing authorisation, Article 126a authorisation” substitute “UKMA(UK), UKMA(GB)”;
b
after “the purpose of sale or supply” insert “, in Great Britain”.
F3202A
In paragraph (2), after “for the purpose of sale or supply,” insert “in Great Britain”.
3
In paragraph (2)(a)—
a
for “Article 28 or 32 of the Paediatric Regulation” substitute “
regulation 50C(4), 50D(8) or 58A(2)(b)
”
; and
b
omit “, Article 9 of Commission Regulation 2016/161”.
F341Insertion of new regulation 269A (offences relating to packaging and package leaflets in Northern Ireland: other persons)I225208A
After regulation 269 insert—
Offences relating to packaging and package leaflets in Northern Ireland: other persons269A
1
This regulation applies to a person, other than the holder of a UKMA(UK), UKMA(NI), EU marketing authorisation, Article 126a authorisation, certificate of registration or traditional herbal registration for a medicinal product, who, in the course of a business carried on by that person, sells or supplies, or offers to sell or supply the product, or possesses the product for the purpose of sale or supply in Northern Ireland.
2
A person to whom this regulation applies is guilty of an offence if the person sells or supplies, or offers to sell or supply, the product, or possesses the product for the purpose of sale or supply, in Northern Ireland knowing or having reasonable cause to believe—
a
that a package or package leaflet relating to the medicinal product does not comply with the applicable requirements of this Part, Article 9 of Commission Regulation 2016/161 or Article 28 or 32 of the Paediatric Regulation; or
b
that the product is not accompanied by a package leaflet when one is required by virtue of this Part.
Amendment of regulation 270 (non-compliance with requirements of this Part)I141209
In regulation 270(1) and (2), F331for “marketing authorisation,” substitute “UK marketing authorisation, EU marketing authorisation,.
F165Amendment of regulation 271 (offences: penalties)I273209A
In regulation 271 for “268, 269” substitute “268, 268A, 269, 269A”.
Amendment of regulation 273 (child resistant containers for regulated medicinal products)I153210
1
Regulation 273 is amended as follows.
2
In paragraph (2), for sub-paragraph (b) substitute—
b
any specification for non-reclosable child resistant packaging that the licensing authority is satisfied is of an equivalent or higher technical specification to that specified in sub-paragraph (a).
3
In paragraph (3), for sub-paragraph (b) substitute—
b
any specification for reclosable child resistant packaging that the licensing authority is satisfied is of an equivalent or higher technical specification to that specified in sub-paragraph (a).
PART 15Amendment of Part 14 (advertising)
Amendment of regulation 279 (products without a marketing authorisation)I49F120211
For regulation 279 substitute—
279
1
A person may not publish an advertisement in Great Britain for a medicinal product unless one of the following is in force for the product—
a
a UKMA(GB) or UKMA(UK);
b
a COR(GB) or COR(UK); or
c
a THR(GB) or THR(UK).
2
A person may not publish an advertisement in Northern Ireland for a medicinal product unless one of the following is in force for the product—
a
a UKMA(NI) or UKMA(UK);
b
a COR(NI) or COR(UK);
c
a THR(NI) or THR(UK);
d
an EU marketing authorisation; or
e
an Article 126a authorisation.
3
A person may not publish an advertisement in the whole United Kingdom for a medicinal product unless, in relation to that product—
a
one of the authorisations or registrations specified in paragraph (1) is in force in Great Britain; and
b
one of the authorisations or registrations specified in paragraph (2) is in force in Northern Ireland.
Amendment of regulation 280 (general principles)I144212
In regulation F14280 —
a
F488b
after paragraph (1) insert—
1A
Where an advertisement mentioned in paragraph (1) relates to a product in relation to which there is a separate authorisation or registration in force in Great Britain and in Northern Ireland, it may not be published in the whole United Kingdom unless it complies with the particulars listed in the summary of the product characteristics in each of those authorisations or registrations (as the case may be).
Amendment of regulation 281 (duties of authorisation holders and registration holders)I159213
In regulation 281(1)—
a
in sub-paragraph (a), insert “
UK
”
before “marketing authorisation”;
F317b
omit “or” at the end of sub-paragraph (c); and
c
in sub-paragraph (d), after “for a medicinal product” insert—
; or
e
an EU marketing authorisation for a medicinal product.
F318Insertion of new regulation 284A (Medicines with differing classification status in Great Britain and Northern Ireland)I261213A
After regulation 284, insert—
Medicines with differing classification status in Great Britain and Northern Ireland284A
In the case of a medicinal product for sale or supply in Great Britain where the product concerned is not a prescription only medicine in Great Britain but is either—
a
a prescription only medicine in Northern Ireland; or
b
not authorised for sale or supply in Northern Ireland,
any advertisement to the public must include a statement that the medicinal product is not available without a prescription, or is not available for sale or supply, in Northern Ireland (as the case may be).
Amendment of regulation 293 (prohibition of supply to the public for promotional purposes)I281F130214
For regulation 293(1) substitute—
1
The holder of—
a
in the case of a medicinal product for sale or supply in Great Britain, a UKMA(GB), UKMA(UK), COR(GB), COR(UK), THR(GB) or THR(UK); or
b
in the case of a medicinal product for sale or supply in Northern Ireland, a UKMA(NI), UKMA(UK), COR(NI), COR(UK), THR(NI), THR(UK), EU marketing authorisation or Article 126a authorisation,
may not sell or supply a medicinal product for a promotional purpose to a person who is not qualified to prescribe medicinal products.
F53Amendment of regulation 294 (general requirements)I230214A
In regulation 294, after paragraph (4) insert—
5
In the case of an advertisement which relates to a medicinal product for sale or supply—
a
in Northern Ireland only, the requirements of this regulation must be met in relation to the product for sale or supply in Northern Ireland,
b
in Great Britain only, the requirements of this regulation must be met in relation to the product for sale or supply in Great Britain, and
c
in the whole of the United Kingdom, the requirements of this regulation must be met in relation to both—
i
the product for sale or supply in Great Britain, and
ii
the product for sale or supply in Northern Ireland.
Amendment of regulation 295 (abbreviated advertisements)I244F510215
In regulation 295—
a
for paragraph (2)(d) substitute—
d
the name and address of the holder—
i
in the case of a medicinal product for sale or supply in Great Britain, of the UKMA(GB), UKMA(UK), COR(GB), COR(UK), THR(GB) or THR(UK) for the medicinal product, or
ii
in the case of a medicinal product for sale or supply in Northern Ireland, the name and address of the holder of the UKMA(NI), UKMA(UK), COR(NI), COR(UK), THR(NI), THR(UK), EU marketing authorisation, or Article 126a authorisation for the medicinal product,
or the business name and address of the part of the holder’s business that is responsible for the sale or supply of the medicinal product.
b
after paragraph (4) insert—
4A
In the application of this regulation to a medicinal product for sale or supply—
a
in Northern Ireland only, the requirements of this regulation must be met in relation to the product for sale or supply in Northern Ireland,
b
in Great Britain only, the requirements of this regulation must be met in relation to the product for sale or supply in Great Britain, and
c
in the whole of the United Kingdom, the requirements of this regulation must be met in relation to both—
i
the product for sale or supply in Great Britain, and
ii
the product for sale or supply in Northern Ireland.
F143Amendment of regulation 298 (free samples for persons qualified to prescribe or supply medicinal products)I258215A
In regulation 298, for paragraph (5)(a) substitute—
a
is no larger than the smallest presentation of the product that is available for sale—
i
in the case of a medicinal product for sale or supply in Great Britain, in Great Britain, or
ii
in the case of a medicinal product for sale or supply in Northern Ireland, in Northern Ireland;
Amendment of Schedule 30 (particulars for advertisements to persons qualified to prescribe or supply)I234F445216
In Schedule 30—
a
in paragraphs 1, 2 and 6, for “marketing authorisation,” substitute “UK marketing authorisation, EU marketing authorisation”;
b
after paragraph 2 insert—
2A
In relation to an advertisement in Great Britain (other than an advertisement falling within the exception in regulation 296) where the medicinal product concerned is authorised under a UKMA(GB), a statement that the product concerned is authorised under a UKMA(GB).
Amendment of regulation 299 (medical sales representatives)I63217
In regulation 299(3), F458for “marketing authorisation,” substitute “UK marketing authorisation, EU marketing authorisation”.
F125Amendment of regulation 305 (invitation to make representations about compatibility)I238217A
In regulation 305—
a
for paragraph (3)(a) substitute—
a
state that the Ministers are minded to make a determination under regulation 306 that the advertisement is incompatible with the prohibitions imposed by Chapter 2 and specify whether the incompatibility is insofar as the advertisement is for publication—
i
in Great Britain;
ii
in Northern Ireland; or
iii
in both Great Britain and Northern Ireland;
b
in paragraph (4), after “the advertisement” insert—
—
a
in Great Britain;
b
in Northern Ireland; or
c
in both Great Britain and Northern Ireland
Amendment of regulation 306 (decision about compatibility)I241217B
In regulation 306—
a
in paragraph (2), after “Chapter 2” insert—
and specify whether the incompatibility is insofar as the advertisement is for publication—
a
in Great Britain;
b
in Northern Ireland; or
c
in both Great Britain and Northern Ireland
b
in paragraph (4)—
i
in sub-paragraph (a), after “Chapter 2” insert—
insofar as the advertisement is for publication—
i
in Great Britain;
ii
in Northern Ireland; or
iii
in both Great Britain and Northern Ireland
ii
after “no longer applies” insert “in Great Britain, Northern Ireland, or both Great Britain and Northern Ireland (as appropriate)”;
c
in paragraph (5), after “Chapter 2” insert—
insofar as the advertisement is for publication—
a
in Great Britain;
b
in Northern Ireland; or
c
in both Great Britain and Northern Ireland
d
in paragraph (7)(b), after “no longer applies” insert—
,
and where that original notice related to both Great Britain and Northern Ireland, the new notice may be expressed to apply in relation to either of or both Great Britain and Northern Ireland
e
in paragraph (8), after “the advertisement” insert—
—
a
in Great Britain;
b
in Northern Ireland; or
c
in both Great Britain and Northern Ireland
Amendment of regulation 307 (corrective statement)I279217C
In regulation 307—
a
in paragraph (1)(a), after “subject of the notice” insert—
in—
i
Great Britain;
ii
Northern Ireland; or
iii
both Great Britain and Northern Ireland
b
in paragraph (1)(b), after “that advertisement” insert—
in—
i
Great Britain;
ii
Northern Ireland; or
iii
both Great Britain and Northern Ireland
c
in paragraph (2)(a), for “, either in full or in part; and” substitute—
in respect of—
i
Great Britain;
ii
Northern Ireland; or
iii
both Great Britain and Northern Ireland,
either in full or in part; and
Amendment of regulation 311 (application for injunction)I271217D
In regulation 311—
a
in paragraph (1)(a), for “Chapter 2; and” substitute—
Chapter 2 in respect of—
i
Great Britain;
ii
Northern Ireland; or
iii
both Great Britain and Northern Ireland; and
b
in paragraph (3), after “ the advertisement” insert—
in—
i
Great Britain;
ii
Northern Ireland; or
iii
both Great Britain and Northern Ireland,
as the case may be.
PART 16Amendment of Part 15 (British Pharmacopoeia)
Amendment of regulation 321 (specified publications)I117218
In regulation 321(5)—
a
in sub-paragraph (c), insert “
UK
”
before “marketing authorisation”;
F409b
after sub-paragraph (c) insert—
ca
an EU marketing authorisation;
PART 17Amendment of Part 16 (enforcement)
Amendment of regulation 322 (validity of proceedings)F47219
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 323 (enforcement in England, Wales and Scotland)I41220
1
Regulation 323 M93 is amended as follows.
2
In paragraph (1) omit “and the relevant EU provisions”.
3
In paragraph (3)—
a
at the end of sub-paragraph (b) insert “
and
”
; and
b
omit sub-paragraph (d).
4
Omit paragraph (4A).
Amendment of regulation 327 (powers of inspection, sampling and seizure)I143221
1
Regulation 327 M94 is amended as follows.
2
In paragraph (1)(c)—
a
in paragraph (v), insert “
UK
”
before “marketing authorisation”;
F332b
after paragraph (v), insert—
va
an EU marketing authorisation;
F4683
In paragraph (2)(g), after paragraph (iv) insert—
iva
the requirements of Schedule 12A (further provision as to the performance of pharmacovigilance activities);
F2924
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1495
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 331 (findings and reports of inspections)I12222
1
Regulation 331 is amended as follows.
F4872
In paragraph (1)—
a
for “marketing authorisation” substitute “UK marketing authorisation, EU marketing authorisation”;
b
in sub-paragraph (c), at the beginning, insert “in the case of a product authorised under a UKMA(NI) or UKMA(UK),”.
F2393
In paragraph (4)—
a
for sub-paragraph (b) substitute—
b
the guidelines on good distribution practice—
i
in the case of Great Britain, published under, or that apply by virtue of, regulation C17;
ii
in the case of Northern Ireland, published by the European Commission in accordance with Article 84 of the 2001 Directive;
b
after sub-paragraph (c) insert—
d
Schedule 12A; and
e
the Implementing Regulation (as defined in regulation 177(5)).
Insertion of regulation 331A (guidelines on inspections)I105223
After regulation 331 (finding and reports of inspections) insert—
Guidelines on inspections331A
1
The licensing authority may publish guidelines specifying the principles applicable to inspections referred to in this Part.
2
Guidelines under paragraph (1) may include the form and content of reports under regulation 331 and of certificates of good manufacturing practice or good distribution practice.
PART 18Amendment of Part 17 (miscellaneous and general)
F515Amendment of regulation 335 (contravention due to fault of another person)I264224ZA
In regulation 335(6)(b) for “268 and 269” substitute “268, 268A, 269 and 269A”.
Amendment of regulation 336 (warranty as defence)I254224ZB
In regulation 336(3)(b) for “268 and 269” substitute “268, 268A, 269 and 269A”.
Amendment of regulation 340 (presumptions)I231224ZC
In regulation 340(5) for “268 (offences relating to packaging and package leaflets: authorisation holders), 269 (offences relating to packaging and package leaflets: other persons)” substitute “268 (offences relating to packaging and package leaflets in Great Britain: authorisation holders), 268A (offences relating to packaging and package leaflets in Northern Ireland: authorisation holders), 269 (offences relating to packaging and package leaflets in Great Britain: other persons), 269A (offences relating to packaging and package leaflets in Northern Ireland: other persons)”.
Amendment of Schedule 32 (transitional provisions and savings)I223224ZD
In paragraph 3(10) of Schedule 32 for “268 (offences relating to packaging and package leaflets: authorisation holders), 269 (offences relating to packaging and package leaflets: other persons)” substitute “268 (offences relating to packaging and package leaflets in Great Britain: authorisation holders), 268A (offences relating to packaging and package leaflets in Northern Ireland: authorisation holders), 269 (offences relating to packaging and package leaflets in Great Britain: other persons), 269A (offences relating to packaging and package leaflets in Northern Ireland: other persons)”.
Amendment of regulation 341 (decisions under the Human Medicines Regulations 2012)I250F24224
In regulation 341(4)—
a
in paragraph (a), insert “UK” before “marketing authorisation”;
b
after paragraph (a), insert—
aa
a decision to grant or revoke an EU marketing authorisation;
Insertion of regulation 344A (modifications to deal with serious shortages) and 344B (regulation making powers)I35225
After regulation 344 insert—
Modifications to deal with serious shortages344A
1
The Ministers may by regulations modify the application of any of the specified provisions in circumstances where the United Kingdom, or any part of the United Kingdom, is experiencing or may experience a serious shortage of medicinal products, or of medicinal products of a specified description, arising from the withdrawal of the United Kingdom from the European Union.
2
Regulations may only be made under paragraph (1) for the purposes of preventing, remedying or mitigating the serious shortage that is being or may be experienced.
3
For the purposes of paragraph (1), the “specified provisions” are the provisions of Parts 1, 3 to 5, 10 to 13 and 16, and of the associated Schedules.
4
The reference in paragraph (1) to a serious shortage arising from the withdrawal of the United Kingdom from the European Union includes reference to a serious shortage where the withdrawal of the United Kingdom from the European Union is one but not the only significant factor contributing to the shortage.
5
No regulations under paragraph (1) may be made, or have effect, after the end of the period of two years beginning with F219IP completion day.
Regulation making powers344B
1
Regulations made under a power in the regulations listed in paragraph (2)—
a
are to be made by statutory instrument;
b
may make different provision for different purposes and different areas; and
c
may include incidental, supplemental, consequential, transitional, transitory or saving provisions, including consequential amendments to these Regulations.
2
The regulations referred to in paragraph (1) are—
a
regulation B17(1) and (4) (good manufacturing practice);
b
regulation 50(5A) (Annex I to the 2001 Directive);
c
regulation 50G(5) (orphan criteria etc);
d
regulations 59(3A) and 61(7A) (post-authorisation efficacy studies);
e
regulation 65C(7) (variations of UK marketing authorisations);
f
regulation 102(7) (homoeopathic medicinal products);
g
regulation 205A(2) (further obligations in respect of pharmacovigilance activities);
h
regulation 257E (certain forms of labelling); and
i
regulation 344A (modifications to deal with serious shortages).
3
A statutory instrument containing regulations made under the powers listed in paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
Amendment of regulation 345 (immunity from civil liability)I260F499226
In regulation 345(5), for “marketing authorisation” substitute “UK marketing authorisation, EU marketing authorisation”.
Amendment of regulation 346 (Secretary of State to carry out a review of certain provisions)I46227
In regulation 346 M96—
a
in sub-paragraph (c), omit F416paragraph (xixa); and
b
in sub-paragraph (d), omit F223paragraph (ia).
PART 19Transitional and consequential provision and revocations
Transitional provision in relation to EU exitI164228
1
After regulation 347 insert—
Transitional provision in relation to EU exit347A
Schedule 33A contains transitional provision in relation to the EU Exit Regulations.
2
Schedule 7 inserts a new Schedule 33A after Schedule 33.
Consequential amendmentsI204229
Schedule 8 contains consequential amendments.
Revocations of retained direct EU lawI31230
Schedule 9 contains revocations of retained direct EU law.
Signed by authority of the Secretary of State for Health and Social Care.
SCHEDULE 1Amendment of the Medicines (Products for Human Use) (Fees) Regulations 2016
F246Insertion of new regulation 10A (waiver for advice given to small and medium companies)I2531ZA
After regulation 10 insert—
Waiver for advice given to small and medium companies10A
1
The fee payable in connection with a meeting mentioned in any of regulations 4 to 10 is waived where the person by whom the fee would otherwise be payable is established in the United Kingdom and is—
a
a small company, or
b
a medium-sized company.
2
In this regulation, “small company” and “medium-sized company” have the same meanings as in sections 382 and 465 of the Companies Act 2006 respectively.
Amendment of regulation 19 (capital fees for applications for variations of authorisations)I2051
In regulation 19—
a
in paragraph (1)(a), for paragraph (ii) substitute—
ii
65C (variation of a UK marketing authorisation)
F506aa
after paragraph (1)(d), insert—
e
under Commission Regulation (EC) No 1234/2008 for the variation of a UKMA(UK) or UKMA(NI).
b
after paragraph (3) insert—
4
The reference in paragraph (1)(a)(ii) to an application under regulation 65C of the Human Medicines Regulations includes a reference to an application or notification submitted under paragraph 11(7) or 12(3) of Schedule 33A to the Human Medicines Regulations, or an application or notification which would have been submitted under those paragraphs but for its earlier submission in accordance with paragraph 13(1)(a) of that Schedule.
Insertion of regulations 19A-19F (fees for plasma master files, vaccine antigen master files, post-authorisation safety studies, major safety reviews, periodic safety update reports and batch testing)I1882
After regulation 19, insert—
Fees for certification of plasma master files19A
1
The fee payable by a person who submits a plasma master file to the licensing authority for scientific and technical evaluation in accordance with paragraph 1.1(c), second indent, of Part III of Annex I to the 2001 Directive, is £8,309.
2
The fee payable by a person who submits a plasma master file to the licensing authority for re-certification in accordance with paragraph 1.1(c), third indent, of Part III of Annex I to the 2001 Directive is—
a
£277, where there are no changes to the plasma master file other than an update to epidemiological data; or
b
£734, in any other case.
Fee for certification of vaccine antigen master files19B
The fee payable by a person who submits a vaccine antigen master file to the licensing authority for scientific and technical evaluation in accordance with paragraph 1.2(c), first indent, of Part III of Annex I to the 2001 Directive, is £8,309.
Fees for assessment of post-authorisation safety studies19C
1
This regulation applies to post-authorisation safety studies initiated, managed or financed by the holder of a marketing authorisation in compliance with obligations imposed under regulation 59 or 61 of the Human Medicines Regulations.
F1042
The fee payable by the holder of a marketing authorisation upon submission of the draft protocol for a post-authorisation safety study in accordance with regulation 199(2) of the Human Medicines Regulations—
a
where the authorisation for the medicinal product concerned is a UKMA(GB) granted under the unfettered access route or a UKMA(GB) granted where the medicinal product concerned has already been granted a European Union marketing authorisation under Regulation (EC) No 726/2004 (an automatic recognition application), and provided a corresponding draft protocol has been submitted in respect of the related European Union marketing authorisation or UKMA(NI) for the same product, is £734;
b
where sub-paragraph (a) does not apply and—
i
the study is to be conducted in the United Kingdom only; or
ii
the authorisation for the product which is the subject of the study authorises sale or supply in Great Britain only,
is £8,309; and
c
in any other case, is £734.
F973
The fee payable by the holder of a marketing authorisation upon submission of the final study report for a post-authorisation safety study in accordance with regulation 201(2) of the Human Medicines Regulations—
a
where the authorisation for the medicinal product concerned is a UKMA(GB) granted under the unfettered access route or a UKMA(GB) granted where the medicinal product concerned has already been granted a European Union marketing authorisation under Regulation (EC) No 726/2004 (an automatic recognition application), and provided a corresponding final study report has been submitted in respect of the related European Union marketing authorisation or UKMA(NI) for the same product, is £734;
b
where sub-paragraph (a) does not apply and—
i
the study is to be conducted in the United Kingdom only; or
ii
the authorisation for the product which is the subject of the study authorises sale or supply in Great Britain only,
is £8,309; and
c
in any other case, is £734.
Fee for carrying out a major safety review19D
1
Where the licensing authority conducts a major safety review of a F69United Kingdom marketing authorisation or traditional herbal registration, or a set of F212such marketing authorisations or traditional herbal registrations, under regulation 196 of the Human Medicines Regulations, a fee is payable in accordance with Part 6A of Schedule 2.
2
Unless paragraph (3) applies, the fee referred to in paragraph (1) is payable by the holder of the marketing authorisation or registration to which the review relates.
3
Where the review relates to two or more authorisations or registrations the fee referred to in paragraph (1) is to be divided by the number of authorisations or registrations forming part of the review (“relevant authorisation or registration”) and each holder of a relevant authorisation or registration must pay that reduced fee in respect of each relevant authorisation or registration it holds.
Fee for assessment of periodic safety update reports19E
1
This regulation applies where—
a
a periodic safety update report has been submitted to the licensing authority under regulation 191 or 192 of the Human Medicines Regulations; and
b
that periodic safety update report relates to a medicinal product which has a UK reference date within the meaning of regulation 193 of the Human Medicines Regulations.
2
Where this regulation applies, the fee payable by the holder of a marketing authorisation or traditional herbal registration to which the periodic safety update report relates is—
a
£890, in the case where no other periodic safety update reports relating to medicinal products with the same UK reference date are submitted; and
b
£445, in any other case.
Fee for testing of samples by the appropriate authority19F
1
Where a sample from a batch of a medicinal product is submitted to the appropriate authority in accordance with a batch testing condition imposed under regulation 60A of the Human Medicines Regulations, the fee payable by the holder of the marketing authorisation to which the medicinal product relates is the fee prescribed in Part 6B of Schedule 2 in connection with that submission.
2
The fee payable by an applicant for a certified copy of a certificate confirming that the appropriate authority is satisfied that the batch is in conformity with the approved specifications is £50.
3
In this regulation, and in Part 6B of Schedule 2, “appropriate authority” and “batch testing condition” have the same meaning as in regulation 60A of the Human Medicines Regulations.
Time for payment of fees under regulations 19A to 19F19G
All sums payable by way of fees under regulations 19A to 19F are payable on invoice.
Amendment of regulation 23 (applications for multiple variations)I1323
1
Regulation 23 is amended as follows.
F3462
For paragraph (3)(b)(i) substitute—
i
have agreed—
aa
in the case of a UKMA(NI) or UKMA(UK), in consultation with member States concerned and in accordance with Article 7(2)(c) of Commission Regulation (EC) No 1234/2008, should be subject to the procedure for grouping of variations within the meaning of that Article;
bb
in the case of a UKMA(GB), should be subject to the procedure for grouping of variations within the meaning of paragraph 5(2)(c) of Schedule 10A to the Human Medicines Regulations; and
3
For paragraph (6) substitute—
6
In a case where a recommendation on the classification of a variation is made in accordance with—
a
in the case of a UKMA(NI) or UKMA(UK), Article 5 of Commission Regulation (EC) No 1234/2008; or
b
in the case of a UKMA(GB), paragraph 3 of Schedule 10A to the Human Medicines Regulations,
the fee payable for the application made in respect of that variation is the appropriate fee for the classification given to the variation or, as the case may be, the appropriate fee which arises as a consequence of the classification given to the variation.
4
In paragraph (7)—
a
in the definition of “Major Variation (Type II) Group Application”—
i
for sub-paragraph (b) substitute—
b
subject to sub-paragraph (c), the variations fall—
i
in the case of a UKMA(NI) or UKMA(UK), within the scope of paragraphs (2)(b) and (c) of Article 7 or paragraphs 2(b) and (c) of Article 13d of Commission Regulation (EC) No 1234/2008;
ii
in the case of a UKMA(GB), within the scope of paragraph 5(2)(b) or (c) of Schedule 10A to the Human Medicines Regulations;
ii
for sub-paragraph (c)(i) substitute—
i
of a kind referred to—
aa
in the case of a UKMA(NI) or UKMA(UK), in paragraph 1 (extension of the marketing authorisation) or paragraph 3 (minor variation of type IB and consequential variations) of Annex III to Commission Regulation (EC) No 1234/2008;
bb
in the case of UKMA(GB), in paragraph 5(3)(a) or (c) of Schedule 10A to the Human Medicines Regulations;
b
in the definition of “Major Variation (Type II) Complex Group Application”—
i
for sub-paragraph (b) substitute—
b
subject to sub-paragraph (c), the variations fall—
i
in the case of a UKMA(NI) or UKMA(UK), within the scope of paragraphs (2)(b) and (c) of Article 7 or paragraphs 2(b) and (c) of Article 13d of Commission Regulation (EC) No 1234/2008;
ii
in the case of a UKMA(GB), within the scope of paragraph 5(2)(b) or (c) of Schedule 10A to the Human Medicines Regulations;
ii
for sub-paragraph (c)(i) substitute—
i
of a kind referred to—
aa
in the case of a UKMA(NI) or UKMA(UK), in paragraph 1 (extension of the marketing authorisation) or paragraph 3 (minor variation of type IB and consequential variations) of Annex III to Commission Regulation (EC) No 1234/2008;
bb
in the case of a UKMA(GB), in paragraph 5(3)(a) or (c) of Schedule 10A to the Human Medicines Regulations;
c
in the definition of “Major Variation (Type II) Extended Complex Group Application”—
i
for sub-paragraph (b) substitute—
b
subject to sub-paragraph (c), the variations fall—
i
in the case of a UKMA(NI) or UKMA(UK), within the scope of paragraphs (2)(b) and (c) of Article 7 or paragraphs 2(b) and (c) of Article 13d of Commission Regulation (EC) No 1234/2008;
ii
in the case of a UKMA(GB), within the scope of paragraph 5(2)(b) or (c) of Schedule 10A to the Human Medicines Regulations;
ii
for sub-paragraph (c) substitute—
c
the variations do not include a variation of a kind referred to—
i
in the case of a UKMA(NI) or UKMA(UK), in paragraph 1 of Annex III to Commission Regulation (EC) No 1234/2008;
ii
in the case of a UKMA(GB), in paragraph 5(3)(a) of Schedule 10A to the Human Medicines Regulations; and
d
for the definition of “major variation of type II” substitute—
“major variation of type II”—
- a
in the case of a UKMA(NI) or UKMA(UK), has the meaning given in Article 2(3) of Commission Regulation (EC) No 1234/2008; and
- b
in the case of a UKMA(GB), has the meaning given in paragraph 1 of Schedule 10A to the Human Medicines Regulations;
e
in the definition of “Minor Variation (Type IB) Group Application”—
i
for sub-paragraph (b) substitute—
b
subject to sub-paragraph (c), the variations fall—
i
in the case of a UKMA(NI) or UKMA(UK), within the scope of paragraphs (2)(b) and (c) of Article 7 or paragraphs 2(b) and (c) of Article 13d of Commission Regulation (EC) No 1234/2008;
ii
in the case of a UKMA(GB), within the scope of paragraph 5(2)(b) or (c) of Schedule 10A to the Human Medicines Regulations;
ii
for sub-paragraph (c)(i) substitute—
i
a variation of a kind referred to—
aa
in the case of a UKMA(NI) or UKMA(UK), in paragraph 1 or paragraph 2 of Annex III of Commission Regulation (EC) No 1234/2008;
bb
in the case of a UKMA(GB), in paragraph 5(3)(a) or (b) of Schedule 10A to the Human Medicines Regulations; or
f
for the definition of “minor variation of type IA” substitute—
“minor variation of type IA”—
- a
in the case of a UKMA(NI) or UKMA(UK), has the meaning given in Article 2(2) of Commission Regulation (EC) No 1234/2008; and
- b
in the case of a UKMA(GB), has the meaning given in paragraph 1 of Schedule 10A to the Human Medicines Regulations;
g
for the definition of “minor variation of type IB” substitute—
“minor variation of type IB”—
- a
in the case of a UKMA(NI) or UKMA(UK), has the meaning given in Article 2(5) of Commission Regulation (EC) No 1234/2008; and
- b
in the case of a UKMA(GB), has the meaning given in paragraph 1 of Schedule 10A to the Human Medicines Regulations; and
h
in the definition of “work sharing”, after “means” insert “, in the case of a UKMA(NI) or UKMA(UK),”.
Insertion of regulation 27A (fee for renewals of a marketing authorisation)I1754
After regulation 27, insert—
Fee for renewals of a marketing authorisation27A
Where an application is made to the licensing authority for the renewal of a marketing authorisation F470in the case of a product for sale or supply in Great Britain and the application for renewal—
a
relates to a medicinal product which, at the time the marketing authorisation was granted, contained a new active ingredient; and
b
is the first renewal in relation to that product,
the fee payable by the applicant is the fee prescribed in Part 6 of Schedule 2.
Omission of Part 8 (Capital Fees for Regulatory Assistance Given by the United Kingdom Acting as Reference Member State Relating to the Assessment of Applications for the Renewal of Specified Marketing Authorisations)I335
Omit Part 8.
Amendment of Schedule 1 (general interpretation provisions)I206
In Schedule 1—
a
in paragraph 1—
F336ai
in the definition of “marketing authorisation”, in paragraph (a) after “Human Medicines Regulations” insert “(and a reference to a UKMA(GB), UKMA(NI) or UKMA(UK) should be construed in accordance with those Regulations)”;
i
in the definition of “medicinal product”, for “includes any medicinal product for human use to which the 2001 Directive applies and” substitute “
has the meaning given by regulation 2 of the Human Medicines Regulations and includes
”
,
ii
for the definition of “orphan medicinal product” substitute—
“orphan marketing authorisation” has the meaning given by regulation 8(1) of the Human Medicines Regulations;
iii
in the definition of “variation”, for “Article 2(1) of Commission Regulation (EC) No 1234/2008” substitute “
regulation 8(1) of the Human Medicines Regulations
”
, and
iv
at the appropriate places insert—
“Annex I to the 2001 Directive” has the meaning given by regulation 8(1) of the Human Medicines Regulations;
“biological medicinal product” has the meaning given in paragraph 3.2.1.1.(b) of Part I of Annex I to the 2001 Directive;
“the Committee for Medicinal Products for Human Use” means the committee established under Article 5(1) of Regulation (EC) No 726/2004;
“the EMA” means the European Medicines Agency established by Regulation (EC) No 726/2004;
F193“under the unfettered access route” has the meaning given by regulation 8(1) of the Human Medicines Regulations;
b
after paragraph 4 insert—
5
1
For the purpose of these Regulations, a company is a medium company if, for the financial year before that in which the application is made, the total value of products it has sold or supplied for the financial year is not more than the amount for the time being specified in item 1 in section 465(3) of the Companies Act 2006 M97 (qualification of company as medium) and the conditions in sub-paragraph (2) are met.
2
The conditions for the purposes of sub-paragraph (1) are—
a
the company's balance sheet total as defined in section 465(5) of the Companies Act 2006 is not more than the amount for the time being specified in item 2 in section 465(3) of that Act; or
b
the average number of persons employed by the company in the financial year before that in which the application is made (determined on a weekly basis) does not exceed the number for the time being specified in item 3 in section 465(3) of that Act.
3
In this paragraph “financial year” is to be construed in accordance with section 390 of the Companies Act 2006.
Amendment of Schedule 2 (capital fees for applications for, and variations to, marketing authorisations, licences, registrations and certificates)I1137
1
Schedule 2 is amended as follows.
F982
For paragraph 4(a) substitute—
a
for an extension of a marketing authorisation—
i
in the case of a UKMA(NI) or UKMA(UK), within the meaning of Article 2(4) of Commission Regulation (EC) No 1234/2008; or
ii
in the case of a UKMA(GB), within the meaning given in paragraph 1 of Schedule 10A to the Human Medicines Regulations; and
3
In paragraph 22—
a
in sub-paragraph (1), for “Article 2(5) of Commission Regulation (EC) No 1234/2008” substitute
F118a
in the case of a UKMA(NI) or UKMA(UK), Article 2(5) of Commission Regulation (EC) No 1234/2008;
b
in the case of a UKMA(GB), paragraph 1 of Schedule 10A to the Human Medicines Regulations;
b
in sub-paragraph (2)(f), for “Article 2(4) of Commission Regulation (EC) No 1234/2008” substitute
F265i
in the case of a UKMA(NI) or UKMA(UK), Article 2(4) of Commission Regulation (EC) No 1234/2008;
ii
in the case of a UKMA(GB), paragraph 1 of Schedule 10A to the Human Medicines Regulations
; and
c
in sub-paragraph (3), for “Article 2(2) of Commission Regulation (EC) No 1234/2008” substitute
F296a
in the case of a UKMA(NI) or UKMA(UK), Article 2(2) of Commission Regulation (EC) No 1234/2008;
b
in the case of a UKMA(GB), paragraph 1 of Schedule 10A to the Human Medicines Regulations
4
In paragraph 23—
a
in sub-paragraph (a), for “paragraph 1 (changes to active substances) or paragraph 2 (changes to strength, pharmaceutical form and route of administration) of Annex I to Commission Regulation (EC) No 1234/2008 applies” F2substitute in the case of a UKMA(NI) or UKMA(UK), paragraph 1 (changes to active substances) or paragraph 2 (changes to strength, pharmaceutical form and route of administration) of Annex I to Commission Regulation (EC) No 1234/2008 applies or, in the case of a UKMA(GB), sub-paragraph (a) (changes to active substances) or sub-paragraph (b) (changes to strength, pharmaceutical form and route of administration) of the definition of “extension of a UK marketing authorisation” in paragraph 1 of Schedule 10A to the Human Medicines Regulations applies;
b
in sub-paragraph (b), for “Article 2(3) of Commission Regulation Commission Regulation (EC) No 1234/2008” substitute F459in the case of a UKMA(NI) or UKMA(UK), Article 2(3) of Commission Regulation (EC) No 1234/2008 or, in the case of a UKMA(GB), paragraph 1 of Schedule 10A to the Human Medicines Regulations; and
c
in sub-paragraph (c), for “Commission Regulation (EC) No 1234/2008” substitute F8in the case of a UKMA(NI) or UKMA(UK), Commission Regulation (EC) No 1234/2008 or, in the case of a UKMA(GB), paragraph 1 of Schedule 10A to the Human Medicines Regulations.
5
For the table in paragraph 24, substitute—
F558Fees for marketing authorisation applications
Column 1
Kind of application
Column 2
Fee payable
1. Major Application
(a)
in respect of an application relating to an orphan medicinal product to which point 6 of Part II of Annex 1 to the 2001 Directive applies
£29,732
(b)
which is a mutual recognition procedure incoming application in the case of a product for sale or supply in Northern Ireland, and the subsequent associated application under the unfettered access route for a UKMA(GB)
£62,421
(c)
which is a European reference product application in the case of a product for sale or supply in Northern Ireland
£62,421
(d)
which is a decentralised procedure application in the case of a product for sale or supply in Northern Ireland, and the subsequent associated application under the unfettered access route for UKMA(GB)
£62,421
(e)
in respect of an application for a UKMA(GB) under the unfettered access route where the medicinal product concerned has already been granted a European Union marketing authorisation under Regulation (EC) No 726/2004
£18,437
(f)
in respect of an application for a UKMA(GB) or UKMA(UK), other than a UKMA(GB) under the unfettered access route, where the medicinal product concerned has already been granted a marketing authorisation by competent authorities of the EEA under Article 28 of the 2001 Directive
£62,421
(g)
in respect of an application for a UKMA(GB) where the medicinal product concerned has already been granted a European Union marketing authorisation under Regulation (EC) No 726/2004 (an automatic recognition application)
£18,437
(h)
in any other case
£92,753
2. Complex application
(a)
which is a mutual recognition procedure incoming application in the case of a product for sale or supply in Northern Ireland, and the subsequent associated application under the unfettered access route for a UKMA(GB)
£17,330
(b)
which is a European reference product application in the case of a product for sale or supply in Northern Ireland
£17,330
(c)
which is a decentralised procedure application in the case of a product for sale or supply in Northern Ireland, and the subsequent associated application under the unfettered access route for a UKMA(GB)
£17,330
(d)
in respect of an application for a UKMA(GB) under the unfettered access route where the medicinal product concerned has already been granted a European Union marketing authorisation under Regulation (EC) No 726/2004
£10,443
(e)
in respect of an application for a UKMA(GB) or UKMA(UK), other than a UKMA(GB) under the unfettered access route, where the medicinal product concerned has already been granted a marketing authorisation by competent authorities of the EEA under Article 28 of the 2001 Directive
£17,330
(f)
in respect of an application for a UKMA(GB) where the medicinal product concerned has already been granted a European Union marketing authorisation under Regulation (EC) No 726/2004 (an automatic recognition application)
£10,443
(g)
in any other case
£25,643
3. Standard application
(a)
which is a mutual recognition procedure incoming application in the case of a product for sale or supply in Northern Ireland, and the subsequent associated application under the unfettered access route for a UKMA(GB)
£6,350
(b)
which is a European reference product application in the case of a product for sale or supply in Northern Ireland
£6,350
(c)
which is a decentralised procedure application in the case of a product for sale or supply in Northern Ireland, and the subsequent associated application under the unfettered access route for a UKMA(GB)
£6,350
(d)
in respect of an application for a UKMA(GB) under the unfettered access route where the medicinal product concerned has already been granted a European Union marketing authorisation under Regulation (EC) No 726/2004
£5,783
(e)
in respect of an application for a UKMA(GB) or UKMA(UK), other than a UKMA(GB) under the unfettered access route, where the medicinal product concerned has already been granted a marketing authorisation by competent authorities of the EEA under Article 28 of the 2001 Directive
£6,350
(f)
in respect of an application for a UKMA(GB) where the medicinal product concerned has already been granted a European Union marketing authorisation under Regulation (EC) No 726/2004 (an automatic recognition application)
£5,783
(g)
in any other case
£9,402
4. Simple application
(a)
which is a mutual recognition procedure incoming application in the case of a product for sale or supply in Northern Ireland, and the subsequent associated application under the unfettered access route for a UKMA(GB)
£2,564
(b)
which is a decentralised procedure application in the case of a product for sale or supply in Northern Ireland, and the subsequent associated application under the unfettered access route for a UKMA(GB)
£2,564
(c)
in respect of an application for a UKMA(GB) under the unfettered access route where the medicinal product concerned has already been granted a European Union marketing authorisation under Regulation (EC) No 726/2004
£2,564
(d)
in respect of an application for a UKMA(GB) or UKMA(UK), other than a UKMA(GB) under the unfettered access route, where the medicinal product concerned has already been granted a marketing authorisation by a competent authority of an EEA State under Article 28 of the 2001 Directive
£2,564
(e)
in respect of an application for a UKMA(GB) where the medicinal product concerned has already been granted a European Union marketing authorisation under Regulation (EC) No 726/2004 (an automatic recognition application)
£2,564
(f)
in any other case
£2,564
5. Parallel import licence applications
(a)
in respect of a simple parallel import licence
£1,792
(b)
in respect of a standard parallel import licence
£6,663
(c)
in respect of a complex parallel import licence
£18,180
6. Change of ownership application
£442
6
After paragraph 24, insert—
Fees where an application for a European Union marketing authorisation had been made before F349IP completion day24A
1
This paragraph applies where, before F300IP completion day —
a
an application has been made to the EMA for a European Union marketing authorisation;
b
day 120 has passed; and
c
no final decision has been made by the European Commission in relation to the grant of an European Union marketing authorisation under Article 10 of Regulation (EC) No 726/2004.
2
Where this paragraph applies and the applicant for the European Union marketing authorisation applies for a UK marketing authorisation in accordance with paragraph 31(2) of Schedule 33A to the Human Medicines Regulations, the fee payable under regulation 12(1) shall be waived.
3
In this paragraph, “day 120” means the day during the assessment of an application for a European Union marketing authorisation on which the Committee for Medicinal Products for Human Use adopts the list of questions, as well as the overall conclusions and review of the scientific data, to be sent to the applicant.
7
In paragraph 27—
a
in sub-paragraph (2), for paragraphs (a) to (c) substitute—
a
in respect of the first or only marketing authorisation applied for by that secondary applicant—
i
in the case of an application relating to a medicinal product that has received an opinion favourable to the granting of a marketing authorisation from the Committee for Medicinal Products for Human Use, £17,330; or
ii
in any other case, the amount payable in respect of a complex application under paragraph 24;
b
in respect of each additional marketing authorisation applied for by that secondary applicant which relates to a medicinal product of the same dosage form—
i
in the case of an application relating to a medicinal product that has received an opinion favourable to the granting of a marketing authorisation from the Committee for Medicinal Products for Human Use, £6,350; or
ii
in any other case, the amount payable in respect of a standard application under paragraph 24;
c
in respect of the first additional marketing authorisation applied for by that secondary applicant relating to that medicinal product which is of a different dosage form—
i
in the case of an application relating to a medicinal product that has received an opinion favourable to the granting of a marketing authorisation from the Committee for Medicinal Products for Human Use, £17,330; or
ii
in any other case, the amount payable in respect of a complex application under paragraph 24;
d
in respect of any other additional marketing authorisation applied for by that secondary applicant relating to that medicinal product which is of a different dosage form—
i
in the case of an application relating to a medicinal product that has received an opinion favourable to the granting of a marketing authorisation from the Committee for Medicinal Products for Human Use, £6,350; or
ii
in any other case, the amount payable in respect of a standard application under paragraph 24.
b
in sub-paragraph (3), for paragraph (a), substitute—
a
where the amount payable by the primary applicant is that in respect of a complex application, the fee payable under regulation 12(1)(a) by the secondary applicant is—
i
in the case of an application relating to a biological medicinal product that has received an opinion favourable to the granting of a marketing authorisation from the Committee for Medicinal Products for Human Use, £6,350; or
ii
in any other case, the amount payable in respect of a standard application under paragraph 24;
8
In paragraph 28—
a
in sub-paragraph (2), for paragraphs (a) to (c) substitute—
a
in respect of each additional marketing authorisation applied for which relates to a medicinal product of a different dosage form with a different route of administration—
i
in the case of an application relating to a medicinal product that has received an opinion favourable to the granting of a marketing authorisation from the Committee for Medicinal Products for Human Use, £17,330; or
ii
in any other case, the amount payable in respect of a complex application under paragraph 24;
b
in respect of each additional marketing authorisation applied for which relates to a medicinal product of a different dosage form but with the same route of administration—
i
in the case of an application relating to a medicinal product that has received an opinion favourable to the granting of a marketing authorisation from the Committee for Medicinal Products for Human Use, £6,350; or
ii
in any other case, the amount payable in respect of a standard application under paragraph 24; and
c
in respect of each additional marketing authorisation applied for which relates to a medicinal product of the same dosage form but of a different strength of active ingredient or different combination of active ingredients—
i
in the case of an application relating to a medicinal product that has received an opinion favourable to the granting of a marketing authorisation from the Committee for Medicinal Products for Human Use, £6,350; or
ii
in any other case, the amount payable in respect of a standard application under paragraph 24.
b
in sub-paragraph (3), for paragraphs (b) and (c), substitute—
b
in respect of each additional marketing authorisation applied for which relates to a medicinal product of a different dosage form but with the same route of administration—
i
in the case of an application relating to a biological medicinal product that has received an opinion favourable to the granting of a marketing authorisation from the Committee for Medicinal Products for Human Use, £6,350; or
ii
in any other case, the amount payable in respect of a standard application under paragraph 24; and
c
in respect of each additional marketing authorisation applied for which relates to a medicinal product of the same dosage form but of a different strength of active ingredient or different combination of active ingredients—
i
in the case of an application relating to a biological medicinal product that has received an opinion favourable to the granting of a marketing authorisation from the Committee for Medicinal Products for Human Use, £6,350; or
ii
in any other case, the amount payable in respect of a standard application under paragraph 24.
F368A
After paragraph 28 (application for multiple authorisations) insert—
Application by pre-assessment of modules28A
1
Where an applicant for a United Kingdom marketing authorisation submits material in accordance with regulation 50(5) of the Human Medicines Regulations for pre-assessment by the licensing authority rather than as part of the submission of a full application for that marketing authorisation, the fee payable in respect of pre-assessment of each of the following Modules (as defined in Annex I to the 2001 Directive) is—
a
£23,188.25 in respect of Module 3 (chemical, pharmaceutical and biological information);
b
£23,188.25 in respect of Module 4 (non-clinical reports);
c
£23,188.25 in respect of Module 5 (clinical study reports).
2
Where an applicant for a United Kingdom marketing authorisation for a similar biological medicinal product submits material in accordance with regulations 53, 53A or 53B of the Human Medicines Regulations for pre-assessment of a complex abridged application by the licensing authority rather than as part of the submission of a full application for that marketing authorisation, the fee payable in respect of pre-assessment of each of the following Modules (as defined in Annex I to the 2001 Directive) is—
a
£4,332.50 in respect of Module 3 (chemical, pharmaceutical and biological information);
b
£4,332.50 in respect of Module 4 (non-clinical reports);
c
£4,332.50 in respect of Module 5 (clinical study reports).
3
The fee payable under sub-paragraphs (1) and (2) must be paid within a period of 14 days, commencing on the date of the written notice issued by the licensing authority requiring payment of the fee.
4
Where a fee has been paid under this paragraph, any fee payable under regulation 12(1) in connection with an application for the grant of a United Kingdom marketing authorisation in respect of the same product is reduced by the amount paid under this paragraph provided that no further assessment of the Module concerned is required.
F3559
In paragraph 38—
a
in sub-paragraph (4)(b), after “Commission Regulation (EC) 1234/2008” insert “and of marketing authorisations in force in Great Britain”;
b
after sub-paragraph (6)—
i
for Table 1 substitute—
Table 1Fees for applications for variations of marketing authorisations falling within the scope of Chapter II of Commission Regulation (EC) No 1234/2008
Column 1
Kind of variation
Column 2
Fee payable
1. Application for a single kind variation
(a)
Type IB Application
£277
(b)
Type II Application
£277
(c)
Type II Complex Variation Application
£2,493
(d)
Extended Type II Complex Variation Application
£7,693
2. Applications for a Group
(a)
Minor Variation (Type IB) Group Application
£277
(b)
Major Variation (Type II) Group Application
£496
(c)
Major Variation (Type II) Complex Group Application
£2,703
(d)
Major Variation (Type II) Extended Complex Group Application
£7,883
ii
in Table 2—
aa
in the heading to the table, after “Commission Regulation (EC) No 1234/2008” insert “and of marketing authorisations in force in Great Britain”;
bb
after row 8 insert—
9 Variation of a UKMA(GB) which was granted following an application made under the unfettered access route, provided a corresponding variation has been approved to the related UKMA(NI) for the same product
£nil
10 Variation of a UKMA(GB) which was granted following an application made under the unfettered access route, provided a corresponding variation has been approved to the related European Union marketing authorisation for the same product
Apply fees and fee categories in Table 1
11 Variation of a UKMA(UK) or a UKMA(GB) which was granted following an application other than an application made under the unfettered access route, where the medicinal product concerned has already been granted a marketing authorisation by a competent authority of an EEA State under Article 28 of the 2001 Directive, provided a corresponding variation has been approved to the related marketing authorisation or UKMA(NI) for the same product
Apply fees and fee categories in Table 1
12 Variation of a UKMA(GB) which was granted following an application where the medicinal product concerned has already been granted a European Union marketing authorisation under Regulation (EC) No 726/2004 (an automatic recognition application), provided a corresponding variation has been approved to the related European Union marketing authorisation or UKMA(NI) for the same product
Apply fees and fee categories in table 1
10
In paragraph 39—
a
in sub-paragraph (1), after “Subject to sub-paragraph (3)” insert “
and paragraph 39A
”
;
b
in sub-paragraph (2), for “in respect of an orphan medicinal product”, substitute “
an orphan marketing authorisation
”
; and
c
in sub-paragraph (3), for “an orphan medicinal product” substitute “
a medicinal product which meets the orphan criteria listed in regulation 50G(2) of the Human Medicines Regulations
”
.
11
After paragraph 39, insert—
Variation of orphan marketing authorisations: small and medium companies39A
1
Subject to sub-paragraph (2), if an application to vary an orphan marketing authorisation is made by, or on behalf of, a small or a medium company within 12 months of the date of grant of the marketing authorisation, the fee payable for that variation application shall be waived.
2
Sub-paragraph (1) does not apply to an application to authorise use of the medicinal product in a new therapeutic area which does not meet the orphan criteria listed in regulation 50G(2) of the Human Medicines Regulations.
12
After paragraph 40, insert—
Fees where an application for a variation or an extension of a European Union marketing authorisation had been made before F189IP completion day40A
1
Paragraph (2) applies where, before F484IP completion day —
a
an application for a variation to which paragraph 11(7) of Schedule 33A to the Human Medicines Regulations applies, has been made to the EMA; and
b
the Committee for Medicinal Products for Human Use has adopted a request for supplementary information to be sent to the applicant, or, in the case of an extension, day 120 has passed.
2
Where this paragraph applies and the holder of a converted EU marketing authorisation submits the application to the licensing authority in order to have the variation made to the converted EU marketing authorisation, the fee payable under regulation 19(1) shall be waived.
3
In this paragraph—
“day 120” means the day during the assessment of an extension on which the Committee for Medicinal Products for Human Use adopts the list of questions, as well as the overall conclusions and review of the scientific data, to be sent to the applicant;
“converted EU marketing authorisation” has the meaning given in paragraph 6(1) and (2) of Schedule 33A to the Human Medicines Regulations; and
“extension” has the meaning given in paragraph 1 of Schedule 10A to the Human Medicines Regulations.
13
For Part 6 substitute—
PART 6Capital Fee for the Renewal of a Marketing Authorisation
Renewal of a marketing authorisationF44856
Unless paragraph 57 applies, the fee payable under regulation 27A in connection with an application for the renewal of a United Kingdom marketing authorisation is—
a
in respect of an application for renewal of a UKMA(GB) granted under the unfettered access route, £747;
b
in respect of an application for renewal of a UKMA(GB) where the medicinal product concerned has already been granted a European Union marketing authorisation under Regulation (EC) No 726/2004 (an automatic recognition application), £747;
c
in all other cases, £9,682.
Renewal of multiple marketing authorisations57
1
This sub-paragraph applies if more than one application falling within regulation 27A is made by the same applicant at the same time, each of which relates to medicinal products which have the same active ingredient or combination of ingredients, dosage form and therapeutic indications, and the marketing authorisations for those products have the same date for renewal.
F5402
The fee payable under regulation 27A for applications to which sub-paragraph (1) applies is—
a
in respect of applications for renewal of more than one UKMA(GB) granted under the unfettered access route or UKMA(GB) where the medicinal product concerned has already been granted a European Union marketing authorisation under Regulation (EC) No 726/2004 (an automatic recognition application), and provided a corresponding renewal application has been made to the related European Union marketing authorisation or UKMA(NI) for the same product—
i
£747 for the first application considered by the licensing authority; and
ii
£747 for each other application;
b
in all other cases—
i
£9,682 for the first application considered by the licensing authority; and
ii
£747 for each other application.
PART 6ACapital Fee for Conducting a Major Safety Review
57A
The fee payable under regulation 19D(1) in connection with the carrying out of a major safety review is—
a
£51,286, where one or two active ingredients, or combinations of active ingredients, are included in the assessment;
b
£59,595, where three active ingredients, or combinations of active ingredients, are included in the assessment;
c
£67,904, where four active ingredients, or combinations of active ingredients, are included in the assessment; or
d
£76,213, where five or more active ingredients, or combinations of active ingredients, are included in the assessment.
PART 6BCapital Fee for Testing of Samples by the Appropriate Authority
57B
1
Unless sub-paragraph (2) applies, the fee payable under regulation 19F(1) in connection with the submission of a sample of a batch of a medicinal product of a kind described in column 1 of the following table is the fee specified in the corresponding entry in column 2 of that table.
2
This sub-paragraph applies where—
a
the holder of the marketing authorisation submits, with a sample of a batch of medicinal product, a certificate issued by a laboratory in a designated country for batch testing and certification of biological medicinal products that relates to the sample of the batch submitted; and
b
on the basis of the documentation submitted with the sample, the appropriate authority considers that it is only necessary to carry out a paper based assessment of the sample.
3
Where sub-paragraph (2) applies, the fee payable under regulation 19F(1) in connection with the submission of a sample of a batch of medicinal product of a kind described in column 1 of the following table is the fee specified in the corresponding entry in column 3 of that table.
4
Where a product falls within more than one of the Bands referred to in the following table, the product is to be treated as if it only falls within the Band which attracts the highest fee.
Fees for testing of samples
Column 1Product Type
Column 2Fee payable where the licensing authority carries out a full assessment
Column 3Fee payable where the licensing authority carries out a paper-based assessment
1. Plasma pools which require—
(a)
three or fewer tests
£180
£90
(b)
four or five tests
£215
£90
(c)
six or more tests
£230
£90
2. Band A
£1,660
£305
3. Band B
£1,910
£305
4. Band C
£2,340
£305
5. Band D
£3,690
£677
6. Band E
£6,410
£677
7. Band F
£10,350
£677
5
In this paragraph—
“Band A” means a single component product, other than Botulinum toxin, requiring five or fewer in vitro tests;
“Band B” means Factor VIII, Factor IX or intravenous Immunoglobulin;
“Band C” means a multi-component product, or Botulinum toxin, requiring five or fewer in vitro tests;
“Band D” means a product requiring six to nine in vitro tests;
“Band E” means a product requiring—
- a
ten or more in vitro tests, or
- b
one or more in vivo tests;
“Band F” means a product—
- a
which requires one or more tests that must be carried out under containment measures applicable to hazard Group 3 or 4 biological agents under the Control of Substances Hazardous to Health Regulations 2002 M98; or
- b
requires the use of human cells or tissues as part of its testing;
“Multi-component product” means a product containing two or more analytes that require testing; and
“Single component product” means a product containing a single analyte that requires testing.
Amendment of Schedule 4 (periodic fees for licences)I1358
In Schedule 4, in paragraph 1, in the definition of “limited use drug” for “which is in respect of an orphan medicinal product” substitute “
in respect of which an orphan marketing authorisation has been granted
”
.
F182Amendment of Schedule 6 (time for payment of capital fees: small companies)I2108A
In Schedule 6, in paragraph 2, for “entry 1(f)” substitute “entry 1(h)”.
Amendment of Schedule 7 (waiver, reduction or refund of capital fees)I789
In Schedule 7, after paragraph 7, insert—
Orphan marketing authorisation7A
Where the licensing authority grants an orphan marketing authorisation, the following percentage of the fee otherwise payable under regulation 12(1)(a) in connection with the application for that authorisation shall be refunded or, if it has not yet been paid, shall be waived—
a
in the case of an application made by or on behalf of a small or medium company, 100%;
b
in the case of a major application that is not made by or on behalf of a small or medium company but to which paragraph 6 of Part II of Annex 1 to the 2001 Directive applies, 50%; or
c
in any other case, 10%.
Amendment of Schedule 8 (Adjustment, reduction or refund of periodic fees)I8510
1
Schedule 8 is amended as follows.
2
In the heading, after “Adjustment”, insert “
, waiver
”
.
3
After paragraph 2, insert—
Waiver or refund: converted EU marketing authorisations2A
1
Where the licensing authority revokes a converted EU marketing authorisation in accordance with paragraph 6(3) of Schedule 33A to the Human Medicines Regulations, the periodic fee payable under regulation 38(1) in relation to that authorisation shall be refunded, or if it has not yet been paid, shall be waived.
2
In this paragraph, “converted EU marketing authorisation” has the meaning given in paragraph 6(1) and (2) of Schedule 33A to the 2012 Regulations.
SavingsI3011
1
The provisions of the Medicines (Products for Human Use) (Fees) Regulations 2016 (“the 2016 Regulations”) omitted, substituted or amended by this Schedule shall continue to apply as if they had not been omitted, substituted or amended in relation to—
a
capital fees payable under the 2016 Regulations in respect of any application or inspection made before the date on which these Regulations come into force; and
b
any periodic fee payable under the 2016 Regulations in relation to the fee period during which these Regulations come into force or in relation to a fee period ending before the date on which these Regulations come into force.
2
The omissions, substitutions and amendments shall not affect any proceedings under the 2016 Regulations for the recovery of any fees due as debts to the Crown and for the purposes of those proceedings, the provisions omitted, substituted or amended by this Schedule shall continue to apply as if they had not been omitted, substituted or amended.
SCHEDULE 2Insertion of new Schedule 8B (modifications of Annex I to the 2001 Directive)
I1301
After Schedule 8A to the Human Medicines Regulations 2012, insert—
SCHEDULE 8BModifications of Annex I to the 2001 Directive
Provision of Annex I
Modification subject to which that provision is to be read
Paragraph (1) of the Introduction and general principles
The reference to “Articles 8 and 10(1)” is to be read as a reference to regulation 50 of the Human Medicines Regulations 2012.
Paragraphs (1) and (2) of the Introduction and general principles
If the licensing authority has published guidelines under regulation 50(5B)(a) of the Human Medicines Regulations 2012, the reference to “the rules governing medicinal products in the European Community, Volume 2B, Notice to applicants, medicinal products for human use, presentation and content of the dossier, Common Technical Document” is to be read as a reference to that guidance.
Paragraph (4) of the Introduction and general principles
If the licensing authority has published guidelines under regulation 50(5B)(b) of the Human Medicines Regulations 2012, the reference to “the scientific guidelines relating to the quality, safety and efficacy of medicinal products for human use as adopted by the Committee for Proprietary Medicinal Products (CPMP) and the European Medicines Evaluation Agency (EMEA) and the other pharmaceutical Community guidelines published by the Commission in the different volumes of the rules governing medicinal products in the European Community” is to be read as a reference to those guidelines.
Paragraph (6) of the Introduction and general principles
The reference to “the requirements of Commission Directive 91/356/EEC laying down the principles of and guidelines of Good Manufacturing Practice for medicinal products for human use” is to be read as a reference to the Good Manufacturing Practice Directive, as defined in regulation 8(1) of the Human Medicines Regulations 2012.
Paragraph (6) of the Introduction and general principles
If the licensing authority has published principles and guidelines under regulation C17(1) of the Human Medicines Regulations 2012, the reference to “the principles and guidelines on GMP published by the Commission in the rules governing medicinal products in the European Community, Volume 4” is to be read as a reference to those principles and guidelines.
Paragraph (8) of the Introduction and general principles
References to “the European Community” are to be read as references to the United Kingdom.
Paragraph (8) of the Introduction and general principles
The references to “Directive 2001/20/EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use” are to be read as references to the Medicinal Products for Human Use (Clinical Trials) Regulations 2004 M99.
Paragraph (9) of the Introduction and general principles
The reference to “Council Directives 87/18/EEC on the harmonisation of regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their application for tests in chemical substances and 88/320/EEC on the inspection and verification of good laboratory practice” is to be read as a reference to the Good Laboratory Practice Regulations 1999 M100.
Paragraph (10) of the Introduction and general principles
The reference to “Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulation and administrative provisions of the Member States regarding the protection of animals for experimental and other scientific purposes” is to be read as a reference to the Animals (Scientific Procedures) Act 1986 M101.
Paragraph (11) of the Introduction and general principles
The paragraph is to be read as follows: “In order to monitor the benefit/risk assessment, any new information not in the original application and all pharmacovigilance information shall be submitted to the licensing authority. After a marketing authorisation has been granted, any change to the data in the dossier shall be submitted to the licensing authority in accordance with the requirements of Schedule 10A to the Human Medicines Regulations 2012, as well as the requirements of Schedule 12A to those Regulations.”
Part I, paragraph 1.2, fourth paragraph
This paragraph is to be read as follows: “Annexed to the administrative data shall be copies of the manufacturing authorisation as defined in regulation 17 of the Human Medicines Regulations 2012.”
Part I, paragraph 1.3.1
The reference to “Article 11” is to be read as a reference to Part 2 of Schedule 8 to the Human Medicines Regulations 2012.
Part I, paragraph 1.3.2
The reference to “Title V” is to be read as a reference to Part I3 of the Human Medicines Regulations 2012, and the references to Articles 63 and 59 are to be read as references to regulations 260 and 266 of the Human Medicines Regulations 2012.
Part I, paragraph 1.3.4
This paragraph is to be read as omitted.
Part I, paragraph 1.4
The reference to “Article 12.2” is to be read as a reference to paragraph 11 of Schedule 8 to the Human Medicines Regulations 2012.
Part I, paragraph 2, first paragraph
The reference to “Article 12” is to be read as a reference to paragraph 11 of Schedule 8 to the Human Medicines Regulations 2012.
Part I, paragraph 3.2(5), first paragraph
The reference to a “Member State” is to be read as including the United Kingdom.
Part I, paragraph 3.2(5), second paragraph
The references to “the national pharmacopoeia of a Member State” are to be read as including references to the British Pharmacopoeia.
Part I, paragraph 3.2(6)
The reference to “the pharmacopoeia of a Member State” is to be read as including a reference to the British Pharmacopoeia.
Part I, paragraph 3.2(12)
The words “which is required by Community legislation” are to be read as omitted.
Part I, paragraph 3.2.1.2
If the licensing authority has published guidelines under regulation 50(5B)(c) of the Human Medicines Regulations 2012, the reference to “guidelines published by the Agency” is to be read as a reference to those guidelines.
Part I, paragraph 3.2.2.1, second paragraph
The reference to “Article 8(3)(c)” is to be read as a reference to paragraph 3 of Schedule 8 to the Human Medicines Regulations 2012.
Part I, paragraph 3.2.2.1, second paragraph, first indent
The reference to “the national pharmacopoeia of one of the Member States” is to be read as including the British Pharmacopoeia.
Part I, paragraph 3.2.2.1, fifth paragraph
The reference to “any Member State” is to be read as a reference to the United Kingdom and the reference to “the Member States” is to be read as a reference to the United Kingdom.
Part I, paragraph 3.2.2.3(a)
The reference to “Article 8(3)(d)” is to be read as a reference to paragraph 5 of Schedule 8 to the Human Medicines Regulations 2012.
Part I, paragraph 4.2.2, fifth paragraph
The reference to “this Directive” is to be read as a reference to the Human Medicines Regulations 2012.
Part I, paragraph 5.2(a)
The reference to “the clinical particulars provided pursuant to Articles 8(3)(i) and 10(1)” is to be read as a reference to those particulars provided pursuant to paragraph 10 of Schedule 8 to, and F280regulations 51A, 52A, 53A and 54 to 56 of, the Human Medicines Regulations 2012.
Part I, paragraph 5.2(c)
The references to “the European Community” are to be read as references to the United Kingdom.
Part I, paragraph 5.2(c), fifth paragraph
The reference to “Directive 2001/20/EC and implementing detail guidelines” is to be read as a reference to the Medicinal Products for Human Use (Clinical Trials) Regulations 2004 M102.
Part I, paragraph 5.2.1, second paragraph
The reference to “Article 10(1)(a)” is to be read as a reference to F51regulation 51A of the Human Medicines Regulations 2012.
Part II, paragraph 1, first paragraph
The reference to “Article 10(1)(a)(ii)” is to be read as a reference to regulation 54 of the Human Medicines Regulations 2012.
Part II, paragraph 2(a)
The reference to “Article 10(1)(a)(i)” is to be read as a reference to regulation 56 of the Human Medicines Regulations 2012.
Part II, paragraph 2(b)
The reference to “Article 10(1)(a)(ii)” is to be read as a reference to F511regulation 51A of the Human Medicines Regulations 2012.
Part II, paragraph 4, first paragraph
The first sentence is to be read as omitted and the words “in accordance with F404regulation 53A of the Human Medicines Regulations 2012” are to be read as added at the end of the second sentence.
Part II, paragraph 5, first paragraph
The reference to “Article 10(1)(b)” is to be read as a reference to regulation 55 of the Human Medicines Regulations 2012.
Part II, paragraph 6, first paragraph
The reference to “Article 22” is to be read as a reference to regulation 60 of the Human Medicines Regulations 2012.
Part III, paragraph 1.1(a), first indent
The reference to “Directive 2000/70/EC of the European Parliament and of the Council of 16 November 2000 amending Council Directive 93/42/EC as regards medical devices incorporating stable derivatives of human blood or blood plasma” is to be read as a reference to the Medical Devices Regulations 2002 M103.
Part III, paragraph 1.1(a), third indent
The reference to “the Agency or the competent authority” is to be read as a reference to the licensing authority.
Part III, paragraph 1.1(a), fourth indent
This indent is to be read as omitted.
Part III, paragraph 1.1(b)
The reference to “Article 109, as amended by Directive 2002/98/EC” is to be read as a reference to the Blood Safety and Quality Regulations 2005 M104.
Part III, paragraph 1.1(b)(3), second paragraph
The reference to “medicinal products referred to in Article 2 of Directive 2001/20/EC of the European Parliament and of the Council relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use” is to be read as a reference to investigational medicinal products.
Part III, paragraph 1.1.(c), second indent
This indent is to be read as follows: “The Plasma Master File is subject to a scientific and technical evaluation by the licensing authority.”
Part III, paragraph 1.1(c), fourth indent
This indent is to be read as follows: “Changes subsequently introduced to the terms of a Plasma Master File must follow the variation procedure in Schedule 10A to the Human Medicines Regulations 2012.”
Part III, paragraph 1.1(c), final indent
This indent is to be read as omitted.
Part III, paragraph 1.2(c), first indent
The references to “a competent authority” and to “the Agency” are to be read as references to the licensing authority and the final two sentences are to be read as omitted.
Part III, paragraph 1.2(c), second indent
The reference to “the Community” is to be read as a reference to the United Kingdom.
Part III, paragraph 1.2(c), third indent
This indent is to be read as follows: “Changes in the content of a Vaccine Antigen Master File must follow the variation procedure in Schedule 10A to the Human Medicines Regulations 2012.”
Part III, paragraph 1.2(c), fourth indent
This indent is to be read as omitted.
Part III, paragraph 1.2(c), fifth indent
This indent is to be read as omitted.
Part III, paragraph 2.1
The reference to “applications based on Articles 6(2) and 9” is to be read as a reference to applications in relation to radionuclide generators, radionuclide kits, radionuclide precursors and radiopharmaceuticals.
Part III, paragraph 2.2, fourth paragraph
The reference to “Council Directives 87/18/EEC and 88/320/EEC” is to be read as a reference to the Good Laboratory Practice Regulations 1999 M105.
Part III, paragraph 3, second paragraph
The reference to “Article 15” is to be read as a reference to regulation 103 of the Human Medicines Regulations 2012, the reference to “Article 14(1)” is to be read as a reference to regulation 102 of the Human Medicines Regulations 2012 and the words “referred to in Article 16(1)” are to be read as “which are not registerable homoeopathic medicinal products”.
Part III, paragraph 3(a)
The reference to “an official pharmacopoeia of a Member State” is to be read as including the British Pharmacopoeia and any pharmacopoeia used officially in a country that is included in a list published by the licensing authority for that purpose, and the reference to “the traditional names used in each Member State” is to be read as including the traditional name used in the United Kingdom.
Part III, paragraph 3(b), final paragraph
The reference to “an official pharmacopoeia of a Member State” is to be read as including the British Pharmacopoeia.
Part III, paragraph 3, penultimate paragraph
The reference to “Article 14(1)” is to be read as a reference to regulation 102 of the Human Medicines Regulations 2012.
Part III, paragraph 5, first indent
The reference to “an orphan medicinal product in the meaning of Regulation (EC) No 141/2000” is to be read as a reference to a medicinal product to which the orphan criteria are claimed to apply.
Part III, paragraph 5, second indent
The reference to “Article 10(1)(a)(ii)” is to be read as a reference to regulation 54 of the Human Medicines Regulations 2012 and the reference to “Article 5” is to be read as a reference to regulation 167 of the Human Medicines Regulations 2012.
Part IV, paragraph 1, first paragraph
The reference to “point (a) of Article 2(1) of Regulation (EC) No 1394/2007” is to be read as a reference to regulation 2A of the Human Medicines Regulations 2012.
Part IV, paragraph 2
This paragraph is to be read as omitted.
Part IV, paragraph 3.1, second paragraph
The reference to “Directive 2004/23/EC” is to be read as a reference to the Human Fertilisation and Embryology Act 1990 M106 and the Human Tissue (Quality and Safety for Human Application) Regulations 2007 M107 and the reference to “Directive 2002/98/EC” is to be read as a reference to the Blood Safety and Quality Regulations 2005 M108.
Part IV, paragraph 3.3.2.1(a)
The reference to “Directive 2004/23/EC” is to be read as a reference to the Human Fertilisation and Embryology Act 1990 and the Human Tissue (Quality and Safety for Human Application) Regulations 2007.
Part IV, paragraph 3.4.1, heading
The reference to “devices as referred to in Article 7 of Regulation (EC) No 1394/2007” is to be read as a reference to medical devices, bio-materials, scaffolds or matrices.
Part IV, paragraph 3.4.2, heading
The reference to “Article 2(1)(d) of Regulation (EC) No 1394/2007” is to be read as a reference to regulation 2A(10) of the Human Medicines Regulations 2012.
Part IV, paragraph 3.4.2(c)
The reference to “Commission Directive 2003/32/EC” is to be read as a reference to the Medical Devices Regulations 2002.
Part IV, paragraph 3.4.2(d)
The reference to “Directive 93/42/EEC or Directive 90/385/EEC” is to be read as a reference to the Medical Devices Regulations 2002 M109.
Part IV, paragraph 3.4.2, final paragraph
The first sentence is to be read as follows: “The applicant shall make available on request of the licensing authority any information related to the assessment by the notified body which has carried out the assessment referred to in point (d) of this section.”
F121SCHEDULE 2AInsertion of new Schedule 8C (Material to accompany an application for a UK marketing authorisation under the unfettered access route)
Sch. 2A inserted (31.12.2020 immediately before IP completion day) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1488), reg. 1, Sch. 2 para. 190
I2521
After Schedule 8B to the Human Medicines Regulations 2012, insert—
SCHEDULE 8CMaterial to accompany an application for a UK marketing authorisation under the unfettered access route
1
A copy of the application submitted in connection with the granting of the EU marketing authorisation or UKMA(NI) which authorises the sale or supply of the medicinal product in Northern Ireland.
2
A copy of all material submitted in support of the application for the EU marketing authorisation or UKMA(NI) which authorises the sale or supply of the medicinal product in Northern Ireland.
3
A copy of the EU marketing authorisation or UKMA(NI) which authorises the sale or supply of the medicinal product in Northern Ireland.
SCHEDULE 3Insertion of new Schedule 2A (modifications of Commission Directive 2003/94/EC)
I1211
After Schedule 2 to the Human Medicines Regulations 2012, insert—
SCHEDULE 2AModifications of Commission Directive 2003/94/EC
Provision of Commission Directive 2003/94/EC
Modification subject to which that provision is to be read
Article 1 (scope)
The reference to—
(a) “Article 40 of Directive 2001/83/EC” is to be read as a reference to “regulation 17 of the Human Medicines Regulations 2012”; and
(b) “Article 13 of Directive 2001/20/EC” is to be read as a reference to “regulation 36 of the Medicines for Human Use (Clinical Trials) Regulations 2004”.
Article 2 (definitions)
In the definition of—
(a) “medicinal product”, the reference to “Article 1(2) of Directive 2001/83/EC” is to be read as a reference to “regulation 2 of the Human Medicines Regulations 2012”;
(b) “investigational medicinal product”, the reference to “Article 2(d) of Directive 2001/20/EC” is to be read as a reference to “regulation 2(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004”;
(c) “manufacturer” the reference to “Article 40(1) and (3) of Directive 2001/83/EC or the authorisation referred to in Article 13(1) of Directive 2001/20/EC” is to be read as a reference to “regulation 17(1) of the Human Medicines Regulations 2012 or the authorisation referred to in regulation 36(1) of the Medicines for Human Use (Clinical Trials) Regulations 2004”;
(d) “qualified person” the reference to “Article 48 of Directive 2001/83/EC or in Article 13(2) of Directive 2001/20/EC” is to be read as a reference to “regulation 41 of the Human Medicines Regulations 2012 or regulation 43 of the Medicines for Human Use (Clinical Trials) Regulations 2004”.
Article 3(1) (inspections)
The reference to—
(a) “for Article 111(1) of Directive 2001/83/EC” is to be read as a reference to “Part 16 of the Human Medicines Regulations 2012 (enforcement)”;
(b) “Article 15(1) of Directive 2001/20/EC” is to be read as a reference to “Part 8 of the Medicines for Human Use (Clinical Trials) Regulations 2004 (enforcement)”;
(c) “the Member States”, is to be read as a reference to “the licensing authority”;
(d) “Member States shall” is to be read as a reference to “The licensing authority may”;
(e) “published by the Commission, of Community procedures on inspections and exchanges of information” is to be read as if after it there were inserted “or any guidance published by the licensing authority to replace that Commission guidance”.
Article 3(2) (inspections)
The reference to—
(a) “competent authorities” is to be read as a reference to “licensing authority”;
(b) “the second paragraph of Article 47 of Directive 2001/83/EC” to the end is to be read as a reference to “regulation C17(1)(a) of the Human Medicines Regulations 2012, or which applies by virtue of regulation C17(2) of those Regulations”.
Article 4(2) (conformity with good manufacturing practice)
The reference to—
(a) “third countries” is to be read as a reference to “country other than the United Kingdom”;
(b) “Community” is to be read as a reference to “licensing authority”.
Article 5 (compliance with marketing authorisation)
The reference to—
(a) “Article 9(2) of Directive 2001/20/EC” in both places it appears is to be read as a reference to “regulation 17 of the Medicines for Human Use (Clinical Trials) Regulations 2004”;
(b) “competent authorities” in both places it appears is to be read as a reference to “licensing authority”.
Article 9 (documentation)
The reference in—
(a) paragraph (1) to “Article 51(3) of Directive 2001/83/EC” is to be read as a reference to “paragraph 15(1) of Schedule 7 to the Human Medicines Regulations 2012”;
(b) paragraph (2) to “competent authorities” is to be read as a reference to “licensing authority”.
Article 11 (quality control)
The reference in paragraph (2)—
(a) to “point (b) of Article 20 of Directive 2001/83/EC” is to be read as a reference to “paragraph 3 or 17 of Schedule 4 to the Human Medicines Regulations 2012”;
(b) to “Article 9(2) of Directive 2001/20/EC” is to be read as a reference to “regulation 17 of the Medicines for Human Use (Clinical Trials) Regulations 2004”;
The reference in paragraph (4)—
(a) to “Member State” is to be read as a reference to “United Kingdom”;
(b) to “competent authority” is to be read as a reference to “licensing authority”;
Article 12(4) (work contracted out)
The reference to—
(a) “competent authorities” is to be read as a reference to “licensing authority”;
(b) “for Article 111 of Directive 2001/83/EC and Article 15(1) of Directive 2001/20/EC” is to be read as a reference to “Part 16 of the Human Medicines Regulations 2012 or Part 8 of the Medicines for Human Use (Clinical Trials) Regulations 2004”.
Article 13 (complaints, product recall and emergency unblinding)
The reference to “Article 123 of Directive 2001/83/EC” is to be read as a reference to “Part 5 of the Human Medicines Regulations 2012”.
SCHEDULE 4Insertion of new Schedule 9A
I1031
After Schedule 9, insert—
SCHEDULE 9AMeaning of terms used in the orphan criteria and in regulation 58D
Prevalence of a condition in F203Great Britain1
1
The following provisions apply for the purposes of establishing, pursuant to regulation 50G(2)(a) and (b)(i), that a medicinal product is intended for the diagnosis, prevention or treatment of a life-threatening or chronically debilitating condition affecting not more than five in 10,000 persons in F203Great Britain.
2
The material provided pursuant to regulation 50G(3) must include—
a
material which demonstrates that the disease or condition for which the medicinal product would be authorised affects not more than five in 10,000 persons in F203Great Britain at the time at which the application for an orphan marketing authorisation is submitted, where this is available;
b
details of the condition intended to be treated and a justification of the life-threatening or chronically debilitating nature of the condition, supported by scientific or medical references; and
c
copies of, or references to, relevant scientific literature, as well as copies of information from relevant databases in F203Great Britain, where available.
3
If there are no databases as referred to in paragraph (2)(c), information from relevant databases in other countries may be supplied, provided appropriate extrapolations are made.
Potential for return on investment2
1
The following provisions apply for the purposes of establishing, pursuant to regulation 50G(2)(a) and (b)(ii), that a medicinal product is intended for the diagnosis, prevention or treatment of a life-threatening or chronically debilitating condition in F203Great Britain and that the medicinal product is unlikely, when marketed, to generate sufficient financial return to justify the necessary investment.
2
The material provided pursuant to regulation 50G(3) must include—
a
details of the condition intended to be treated and a justification of the life-threatening or chronically debilitating nature of the condition, supported by scientific or medical references;
b
details of the costs incurred in connection with the development of the medicinal product;
c
details of any grants, tax incentives or other cost recovery provisions received in F203Great Britain or any other country in relation to the development of the medicinal product;
d
where the medicinal product is already authorised in F203Great Britain for any indication, or where the product is under investigation for one or more other indications, an explanation of, and justification for, the method that is used to apportion the development costs among the various indications;
e
a statement of and justification for all development costs that the applicant expects to incur after the submission of the application for a UK marketing authorisation;
f
a statement of and justification for all production and marketing costs that the applicant has incurred in the past and expects to incur in the first ten years that the medicinal product is authorised;
g
an estimate of and justification for the expected revenues from sales of the medicinal product in F203Great Britain and elsewhere during the first ten years that the medicinal product is authorised; and
h
information on the prevalence and incidence in F203Great Britain of the condition for which the medicinal product would be authorised at the time at which the application for an orphan marketing authorisation application is submitted.
3
The information concerning costs and revenue referred to in sub-paragraph (2) must be determined in accordance with generally accepted accounting principles and must be certified by a person who is a member of a body of accountants which is established in the United Kingdom and which is approved by the licensing authority for the purposes of this paragraph.
Existence of other methods of diagnosis, prevention or treatment3
1
The following provisions apply for the purposes of establishing, pursuant to regulation 50G(2)(c), that there exists no satisfactory method of diagnosis, prevention or treatment of the condition in question that has been authorised in F203Great Britain, or if such method exists, that the medicinal product will be of significant benefit to those affected by the condition.
2
The material provided pursuant to regulation 50G(3) must include—
a
details of any existing methods of diagnosis, prevention or treatment of the condition in question that have been authorised in F203Great Britain, making reference to scientific or medical literature or other relevant information, including information relating to authorised medicinal products, medical devices or other methods of diagnosis, prevention or treatment which are used in F203Great Britain; and
b
a justification as to why either—
i
the methods referred to in paragraph (a) are not considered satisfactory; or
ii
the medicinal product for which an orphan marketing authorisation is sought will be of significant benefit to those affected by the condition.
3
In this paragraph, “significant benefit” means a clinically relevant advantage or a major contribution to patient care.
Increased safety or effectiveness and clinical superiority4
1
The following provisions apply for the purposes of establishing, pursuant to regulation 58D(6)(c), that a second medicinal product is similar to a medicinal product to which an orphan marketing authorisation relates or is safer or more effective than, or clinically superior to, that product.
2
The following definitions apply for the purposes of this paragraph—
“clinically superior”, in relation to a medicinal product, means that it is shown to provide a significant therapeutic or diagnostic advantage over and above that provided by an authorised orphan medicinal product in one or more of the following ways—
- a
greater efficacy;
- b
greater safety in a substantial portion of the target population, as evidenced where appropriate through comparative clinical trials; or
- c
in exceptional cases, where neither greater safety nor greater efficacy has been shown, a demonstration that the medicinal product otherwise makes a major contribution to diagnosis or to patient care;
“similar active substance” means an identical active substance, or an active substance with the same principal molecular structural features, but not necessarily all of the same molecular structural features, and which acts via the same mechanism, however, in the case of advanced therapy medicinal products, for which the principal molecular structural features cannot be fully defined, the similarity between two active substances is to be assessed on the basis of the biological and functional characteristics;
“similar medicinal product” means a medicinal product containing a similar active substance or substances as contained in a currently authorised orphan medicinal product, and which is intended for the same therapeutic indication.
3
For the purposes of the definition of “clinically superior” in relation to a medicinal product which shows that superiority by means of greater efficacy, this is to be assessed by the effect on a clinically meaningful endpoint in adequate and well controlled clinical trials, representing the same kind of evidence needed to support a comparative efficacy claim for two different medicinal products.
4
The clinical trials referred to in paragraph (3) should be direct comparative clinical trials, unless comparisons based on other endpoints, including surrogate endpoints, can be justified.
5
Paragraphs 5 to 8 make further provision about the definition of “similar active substance” in relation to certain types of product.
5
1
This paragraph applies for the purposes of the definition of “similar active substance” in relation to chemical medicinal products.
2
The principal molecular structural features are the relevant structural components of an active substance, which may be the whole or part of the molecule.
3
Whether the principal molecular structural features are the same between two or more molecules will be identified by comparison of their structures.
4
Isomers, mixtures of isomers, complexes, esters, ethers, salts and derivatives of the original active substance, or an active substance that differs from the original active substance only with respect to minor changes in the molecular structure, such as a structural analogue, are to be considered similar.
5
Synthetic polynucleotide substances, single or double stranded, consisting of two or more distinct nucleotides where—
a
the difference in the nucleotide sequence of the purine and pyrimidine bases or their derivatives is not major, are to be considered similar, therefore for antisense or interfering nucleotide substances, addition, substitution or deletion of a nucleotide not significantly affecting the kinetics of hybridisation to the target are usually to be considered similar; and
b
the difference in structure related to modifications of the ribose or deoxyribose backbone sugars or to the replacement of the backbone sugars by synthetic analogues usually result in substances being considered similar, and for antisense or interfering nucleotide substances, changes in the ribose or deoxyribose backbone sugars not significantly affecting the kinetics of hybridisation to the target are usually to be considered similar.
6
1
This paragraph applies for the purposes of the definition of “similar active substance” in relation to biological medicinal products other than advanced therapy medicinal products.
2
The principal molecular structural features are the structural components of an active substance that are relevant for the functional characteristics of that substance.
3
The principal molecular structural features may be composed of a therapeutic moiety or a therapeutic moiety in combination with an additional structural element significantly contributing to the functional characteristics of the active substance.
4
An additional structural element as described in paragraph (3) may be conjugated, fused or linked by other means to the therapeutic moiety or may be an extension of the therapeutic moiety protein backbone by additional amino acids.
5
Substances with structural elements for which similar methods of modification or conjugation technology are used usually result in similar substances.
6
Biological active substances which differ from the original biological substance only with respect to minor changes in the molecular structure are to be considered similar.
7
In relation to proteinaceous substances—
a
if the difference in structure between them is due to post-translational events, such as different glycosylation patterns, substances are usually to be considered similar; however, exceptionally some post-translational modifications may result in a non-similar substance if there is significant effect on the functional characteristics of the substance;
b
if the difference in the amino acid sequence is not major, substances are usually to be considered similar; therefore two pharmacologically related protein substances of the same group, for example, having differences related to N-terminal methionine, naturally extracted as opposed to recombinant nucleic acid-derived proteins or other minor variants, are usually to be considered similar; however, the addition of a structural element may result in substances not being considered similar if this significantly affects the functional characteristics of the substance;
c
monoclonal antibodies binding to the same target epitope are usually to be considered similar; however, two monocloncal antibody conjugates or fusion proteins may be considered not to be similar if either the Complementary Determining Region sequences of the antibody or the additional structural element of the conjugated monoclonal antibody is different.
8
In relation to polysaccharide substances—
a
if the substances have identical saccharide repeating units, even if the number of units varies, the substances are usually to be considered similar; and
b
a conjugated polysaccharide vaccine compared to a non-conjugated polysaccharide vaccine containing the same antigen is considered not to be similar.
7
1
This paragraph applies for the purposes of the definition of “similar active substance” in relation to advanced therapy medicinal products.
2
In relation to cell-based advanced therapy medicinal products, these are not to be considered similar if—
a
there are differences in starting materials or the final composition of the product which have a significant impact on the biological characteristics or biological activity relevant for the intended therapeutic effect or safety attributes of the product, and the different source of the starting materials, such as in the case of autologous advanced therapy medicinal products, is not sufficient to support a claim that two products are not similar; or
b
there are differences in the manufacturing technology having a significant impact on the biological characteristics or the biological activity relevant for the intended therapeutic effect or safety attributes of the product.
3
In relation to gene therapy medicinal products—
a
two gene therapy medicinal products are not to be considered similar when there are differences in the therapeutic sequence, viral vector, transfer system, regulatory sequences or manufacturing technology which significantly affect the biological characteristics or biological activity relevant for the intended therapeutic effect or safety attributes of the product; and
b
differences in the therapeutic sequence with a significant impact on the intended therapeutic effect are not sufficient to support a claim that two gene therapy medicinal products are not similar.
4
The considerations in paragraphs (2) and (3) also apply in relation to genetically modified cells.
8
1
This paragraph applies for the purposes of the definition of “similar active substance” in relation to radiopharmaceuticals.
2
The same radiopharmaceutical active substance, or one differing from the original in radionuclide, ligand, site of labelling or molecule-radionuclide coupling mechanism linking the molecule and radionuclide which acts via the same mechanism, are to be considered similar substances.
SCHEDULE 5Insertion of new Schedule 10A (variations to a UK marketing authorisation)
I1081
After Schedule 10, insert—
SCHEDULE 10AVariations to a UK marketing authorisation
Interpretation1
In this Schedule—
“change of, or addition of a new, route of administration”, in relation to parenteral administration, includes any change or addition as between intra-arterial, intra-venous, intramuscular, subcutaneous and any other route;
“extension of a UK marketing authorisation” or “extension” means a variation which consists of—
- a
a change to one or more active substances that involves—
- i
replacement of a chemical active substance by a different salt, ester, complex or derivative, with the same therapeutic moiety, where the efficacy and safety characteristics are not significantly different,
- ii
replacement by a different isomer, a different mixture of isomers, of a mixture by an isolated isomer (for example, racemate by a single enantiomer), where the efficacy and safety characteristics are not significantly different,
- iii
replacement of a biological active substance with one of a slightly different molecular structure where the efficacy and safety characteristics are not significantly different, with the exception of changes to the active substance of a seasonal, pre-pandemic or pandemic vaccine against human influenza,
- iv
modification of the vector used to produce the antigen or the source material, including a new master cell bank from a different source, where the efficacy and safety characteristics are not significantly different,
- v
a new ligand or coupling mechanism for a radiopharmaceutical, where the efficacy and safety characteristics are not significantly different, or
- vi
change to the extraction solvent or the ratio of herbal drug to herbal drug preparation where the efficacy and safety characteristics are not significantly different; or
- b
a change to strength, pharmaceutical form and route of administration that involves—
- i
change of bioavailability,
- ii
change of pharmacokinetics, for example change in rate of release,
- iii
change or addition of a new strength or potency,
- iv
change or addition of a new pharmaceutical form, or
- v
change or addition of a new route of administration;
“holder” means UK marketing authorisation holder;
“major variation of type II” means a variation which is not an extension and which may have a significant impact on the quality, safety or efficacy of the medicinal product concerned namely—
- a
variations related to the addition of a new therapeutic indication or to the modification of an existing one;
- b
variations related to significant modifications of the summary of product characteristics due in particular to new quality, pre-clinical, clinical or pharmacovigilance findings;
- c
variations related to changes outside the range of approved specifications, limits or acceptance criteria;
- d
variations related to substantial changes to the manufacturing process, formulation, specifications or impurity profile of the active substance or finished medicinal product which may have a significant impact on the quality, safety or efficacy of the medicinal product;
- e
variations related to modifications in the manufacturing process or sites of the active substance for a biological medicinal product;
- f
variations related to the introduction of a new design space or the extension of an approved one, where the design space has been developed in accordance with international scientific guidelines; or
- g
variations related to changes to the active substance of a seasonal, pre-pandemic or pandemic vaccine against human influenza;
“minor variation of type IA” means a variation which has only a minimal impact, or no impact at all, on the quality, safety or efficacy of the medicinal product concerned namely—
- a
variations of purely administrative nature that are related to the identity and contact details of—
- i
the holder,
- ii
the manufacturer or supplier of any starting material, reagent, intermediate, active substance used in the manufacturing process or finished product;
- b
variations related to the identity, location and contact details of the qualified person for pharmacovigilance, or the location of the pharmacovigilance system master file;
- c
variations related to the deletion of any manufacturing site, including for an active substance, intermediate or finished product, packaging site, manufacturer responsible for batch release, site where batch control takes place;
- d
variations related to minor changes to an approved physico-chemical test procedure, where the updated procedure is demonstrated to be at least equivalent to the former test procedure, appropriate validation studies have been performed and the results show that the updated test procedure is at least equivalent to the former;
- e
variations related to changes made to the specifications of the active substance or of an excipient in order to comply with an update of the relevant monograph of the European Pharmacopoeia or of the British Pharmacopoeia, where the change is made exclusively to comply with the pharmacopoeia and the specifications for product specific properties are unchanged;
- f
variations related to changes in the packaging material not in contact with the finished product, which do not affect the delivery, use, safety or stability of the medicinal product;
- g
variations related to the tightening of specification limits, where the change is not a consequence of any commitment from previous assessment to review specification limits and does not result from unexpected events arising during manufacture;
“minor variation of type IB” means a variation which is not a minor variation of type IA, a major variation of type II nor an extension; and
“urgent safety restriction” means an interim change in the terms of the UK marketing authorisation due to new information having a bearing on the safe use of the medicinal product.
Classification of variations2
1
Except where sub-paragraph (2) applies, a variation which is not an extension, and whose classification is undetermined after—
a
application of the provisions in this Schedule; and
b
taking into account—
i
the guidance referred to in regulation 65C(4) or (6) as the case may be), and
ii
where relevant, any recommendations delivered pursuant to paragraph 3,
is to be treated by the licensing authority as a minor variation of type IB.
2
The licensing authority must treat a variation that would otherwise fall within sub-paragraph (1) as a major variation of type II in the following cases—
a
upon request from the holder when submitting the variation; or
b
where the licensing authority concludes, following the assessment of validity of a notification in accordance with paragraph 7(1), and taking into account the recommendations given under paragraph 3, that the variation may have a significant impact on the quality, safety or efficacy of the medicinal product concerned.
Licensing authority recommendation on unclassified variations3
1
Prior to the submission of a variation whose classification is not provided for in this Schedule—
a
the holder may request a recommendation on the classification of the variation from the licensing authority; and
b
the licensing authority must notify the holder of its recommendation within 45 days of that request, beginning with the date on which the request is received by the licensing authority.
2
The 45-day period referred to in sub-paragraph (1)(b) may be extended by 25 days where the licensing authority deems it necessary.
Variations leading to the revision of product information4
Where a variation leads to the revision of the summary of product characteristics, labelling or the package leaflet, the revision must be considered by the licensing authority as part of that variation.
Grouping of variations5
1
Except where sub-paragraph (2) applies, where several variations are notified or applied for, a separate notification or application in accordance with paragraph 6, 7, 8 or 11 of this Schedule is to be submitted in respect of each variation sought.
2
This sub-paragraph applies—
a
where one or more of the same minor variations of type IA to the terms of one or more UK marketing authorisations owned by the same holder are notified at the same time to the licensing authority, in which case a single notification as referred to in paragraph 6 may cover all such variations;
b
where several variations to the terms of the same UK marketing authorisation are submitted at the same time, a single submission may cover all such variations provided that the variations concerned fall within one of the relevant circumstances specified in sub-paragraph (3);
c
where one or more of the same variation to the terms of one or more UK marketing authorisations held by the same holder are submitted at the same time and the variations do not fall within paragraph (a) or (b), a single submission may cover all such variations provided that the licensing authority agrees to such single submission.
3
The relevant circumstances are—
a
one of the variations in the group is an extension of the UK marketing authorisation;
b
one of the variations in the group is a major variation of type II, but all other variations in the group are variations which are consequential to this major variation of type II;
c
one of the variations in the group is a minor variation of type IB, but all other variations in the group are minor variations which are consequential to this minor variation of type IB;
d
all variations in the group relate solely to changes of an administrative nature to the summary of product characteristics, labelling and package leaflet or insert;
e
all variations in the group are changes to an Active Substance Master File, Vaccine Antigen Master File or Plasma Master File;
f
all variations in the group relate to a project intended to improve the manufacturing process and the quality of the medicinal product concerned or one or more of its active substances;
g
all variations in the group are changes affecting the quality of a human pandemic influenza vaccine;
h
all variations in the group are changes to the pharmacovigilance system referred to in paragraph 12 of Schedule 8;
i
all variations in the group are consequential to a given urgent safety restriction and submitted in accordance with paragraph 14;
j
all variations in the group relate to the implementation of a given class labelling;
k
all variations in the group are consequential to the assessment of a given periodic safety update report;
l
all variations in the group are consequential to a given post-authorisation study conducted under the supervision of the holder;
m
all variations in the group are consequential to a condition imposed under regulation 59(4C) or (4D).
4
The submission referred to in sub-paragraph (2)(b) and (c) must be made by means of the following—
a
a single notification in accordance with paragraph 7 where at least one of the variations is a minor variation of type IB and the remaining variations are minor variations;
b
a single application in accordance with paragraph 8 where at least one of the variations is a major variation of type II and none of the variations is an extension; or
c
a single application in accordance with paragraph 11 where at least one of the variations is an extension.
Notification procedure for minor variations of type IA6
1
Subject to sub-paragraph (2), where a minor variation of type IA is made, the holder must submit to the licensing authority a notification containing the elements listed in paragraph 9 within 12 months, beginning with the date on which the variation is implemented by the holder.
2
The notification referred to in sub-paragraph (1) must be submitted immediately after the implementation of the variation in the case of minor variations requiring immediate notification for the continuous supervision of the medicinal product concerned.
3
Within 30 days beginning with the date on which the licensing authority receives a notification under this paragraph, the measures provided for in paragraph 10 are to be taken.
Notification procedure for minor variations of type IB7
1
The holder must for minor variations of type IB submit to the licensing authority a notification containing the elements listed in paragraph 9, and if the notification contains those elements, the licensing authority must acknowledge receipt of a valid notification.
2
If within 30 days beginning with the date on which the licensing authority acknowledges receipt of a valid notification, the licensing authority has not sent the holder an unfavourable opinion, the notification is deemed to be accepted by the licensing authority.
3
Where the notification is accepted by the licensing authority, the measures provided for in paragraph 10 are to be taken.
4
Where the licensing authority is of the opinion that the notification cannot be accepted, it must inform the holder, stating the grounds on which its unfavourable opinion is based.
5
Within 30 days beginning with the date on which the holder receives the unfavourable opinion, the holder may submit to the licensing authority an amended notification in order to take due account of the grounds laid down in that opinion.
6
If the holder does not amend the notification in accordance with sub-paragraph (5), the notification is deemed to be rejected.
7
Where an amended notification has been submitted, the licensing authority must assess it within 30 days beginning with the date on which it receives the amended notification, and the measures provided for in paragraph 10 are to be taken.
8
This paragraph does not apply where—
a
a type IB variation request is submitted in a grouping that includes a variation type II and does not contain an extension: in such a case, the prior approval procedure in paragraph 8 applies; or
b
a type IB variation request is submitted in a grouping that includes an extension: in such a case, the procedure in paragraph 11 applies.
Prior approval procedure for major variations of type II8
1
The holder must submit to the licensing authority an application containing the elements listed in paragraph 9, and if the application contains those elements, the licensing authority must acknowledge receipt of a valid application.
2
Subject to sub-paragraph (3), within 60 days beginning with the date on which the licensing authority acknowledges receipt of a valid application under sub-paragraph (1), the licensing authority must conclude the assessment.
3
The licensing authority may—
a
reduce the period referred to in sub-paragraph (2), having regard to the urgency of the matter; or
b
extend it to 90 days for—
i
variations concerning a change to, or addition of, therapeutic indications, or
ii
grouping of variations in accordance with paragraph 5(2)(c).
4
Within the periods referred to in sub-paragraph (2) or (3), the licensing authority may request the holder to provide supplementary information within a time limit that it specifies, in which case—
a
the procedure is suspended from the date on which such a request is made until the date on which that supplementary information has been provided; and
b
the licensing authority may extend the period referred to in sub-paragraph (2) by the period for which the procedure is so suspended.
5
Within 30 days beginning with the date on which the licensing authority concludes its assessment of the application, the measures provided for in paragraph 10 are to be taken.
6
This paragraph does not apply where a type II variation request is submitted in a grouping that includes an extension: in such case, the procedure in paragraph 11 applies.
Elements to be submitted9
An application or notification under this Schedule must include—
a
a list of all the UK marketing authorisations affected by the notification or application;
b
a description of all the variations submitted, including—
i
in the case of minor variations of type IA, the date of implementation for each variation described,
ii
in the case of minor variations of type IA which do not require immediate notification, a description of all minor variations of type IA made in the last 12 months to the terms of any affected UK marketing authorisation, such period beginning with the day on which the application or notification is submitted, and which have not been already notified,
iii
any documents specified in guidance published under regulation 65C(4) or (6) (as the case may be), insofar as relevant to the type of variation notified or applied for,
iv
where a variation leads to or is the consequence of other variations to the terms of the same UK marketing authorisation, a description of the relationship between those variations, and
v
the relevant fee provided for in the Fees Regulations.
Measures to close the procedures specified in paragraphs 6 to 810
Where reference is made to this paragraph, the licensing authority must take the following measures—
a
inform the holder as to whether the variation is accepted or rejected;
b
where the variation is rejected, inform the holder of the grounds for the rejection; and
c
where necessary, amend the decision granting the UK marketing authorisation in accordance with the accepted variation within the time limit laid down in paragraph 15.
Extensions of marketing authorisations11
1
An application for an extension of a UK marketing authorisation must be assessed by the licensing authority in accordance with the same or equivalent procedure that applied under Part 5 to the initial UK marketing authorisation to which it relates.
2
An extension must either be granted a UK marketing authorisation in accordance with the same or equivalent procedure as for the granting of the initial UK marketing authorisation to which it relates, or be included in that initial UK marketing authorisation.
Human influenza vaccines12
1
By way of exception from paragraph 8, the procedure laid down in sub-paragraphs (2) to (4) applies to the examination of variations concerning changes to the active substance for the purposes of the annual update of a human influenza vaccine.
2
The holder must submit to the licensing authority an application containing the elements listed in paragraph 9, and if it does so, the licensing authority must acknowledge receipt of a valid application.
3
The licensing authority must assess the application submitted, and where it deems it necessary, the licensing authority may request additional data from the holder in order to complete its assessment.
4
The licensing authority must—
a
adopt a decision within 45 days, beginning with the date on which it receives a valid application; and
b
take the measures provided for in paragraph 10.
5
The 45-day period referred to in sub-paragraph (4) is to be suspended from the date on which the additional data referred to in sub-paragraph (3) is requested until the date on which that data is received by the licensing authority.
Pandemic situation with respect to human influenza13
1
By way of exception to the provisions of this Schedule, where a pandemic situation with respect to human influenza is duly recognised by the World Health Organisation, or the licensing authority, the licensing authority may exceptionally and temporarily accept a variation to the terms of a UK marketing authorisation for a human influenza vaccine, where certain non-clinical or clinical data are missing.
2
Where a variation is accepted pursuant to sub-paragraph (1), the holder must submit the missing non-clinical and clinical data within a time limit set by the licensing authority.
Urgent safety restrictions14
1
Where, in the event of a risk to public health, the holder takes urgent safety restrictions on its own initiative, it must forthwith notify the licensing authority.
2
If the licensing authority has not raised objections within 24 hours following receipt of that information, the urgent safety restrictions are deemed to be accepted.
3
In the event of a risk to public health in relation to a medicinal product, the licensing authority may impose urgent safety restrictions on the holder of the UK marketing authorisation in respect of that product.
4
Where an urgent safety restriction is taken by the holder, or imposed by the licensing authority, the holder must submit the corresponding application for variation within 15 days beginning with the date on which that restriction is initiated.
Amendments to the decision granting the marketing authorisation15
1
Amendments to the decision granting the UK marketing authorisation resulting from the procedures laid down in this Schedule must be made by the licensing authority—
a
in the case of major variations of type II, within two months, beginning with the date on which the information referred to in paragraph 10(a) is sent to the holder; or
b
in the other cases, within six months, beginning with the date on which the information referred to in paragraph 10(a) is sent to the holder,
and the licensing authority must notify the holder of the amended decision without delay.
2
The statement indicating compliance with the agreed completed paediatric investigation plan provided for under regulation 58A(2)(a) must be included within the technical dossier of the UK marketing authorisation, and the licensing authority must confirm to the holder that it is so included when it notifies the holder under paragraph 10(a).
Implementation of variations16
1
Minor variations of type IA may be implemented any time before completion of the procedures laid down in paragraph 6.
2
Where a notification concerning one or several minor variations of type IA is rejected, the holder must cease to apply the rejected variation immediately after receipt of the information referred to in paragraph 10(a).
3
Minor variations of type IB may only be implemented after the licensing authority has informed the holder that it has accepted the notification pursuant to paragraph 7, or after the notification is deemed accepted pursuant to paragraph 7(2).
4
Major variations of type II may only be implemented after the licensing authority has informed the holder that it has accepted the variation pursuant to paragraph 10.
5
An extension may only be implemented after the licensing authority has amended the decision granting the marketing authorisation and notified the holder accordingly.
6
Urgent safety restrictions, and variations which are related to safety issues, must be implemented within a time frame agreed by the holder and the licensing authority.
Continuous monitoring17
Where requested to do so by the licensing authority, the holder must supply to the licensing authority without delay any information related to the implementation of a given variation.
SCHEDULE 6Insertion of new Schedule 12A (further provision as to the performance of pharmacovigilance activities)
I1221
After Schedule 12 insert—
SCHEDULE 12AFurther provision as to the performance of pharmacovigilance activities
PART 1Pharmacovigilance system master file
Structure of the pharmacovigilance system master file1
1
The information in the pharmacovigilance system master file must be accurate and reflect the pharmacovigilance system in place.
2
The holder may, where appropriate, use separate pharmacovigilance systems for different categories of medicinal products and if it does so, each such system must be described in a separate pharmacovigilance system master file.
3
All medicinal products for which the holder obtained a F483UKMA(GB) in accordance with these Regulations must be covered by a pharmacovigilance system master file.
Content of the pharmacovigilance system master file2
The pharmacovigilance system master file must, as a minimum, contain—
a
the following information relating to the qualified person responsible for pharmacovigilance—
i
a description of the responsibilities demonstrating that the qualified person for pharmacovigilance has sufficient authority over the pharmacovigilance system in order to promote, maintain and improve compliance with pharmacovigilance tasks and responsibilities,
ii
a summary curriculum vitae of the qualified person responsible for pharmacovigilance,
iii
contact details of the qualified person for pharmacovigilance, F133...
iv
details of back-up arrangements to apply in the absence of the qualified person responsible for F49pharmacovigilance, and
F369v
responsibilities and contact details of the nominated person (where a person is nominated under regulation 182(2A));
b
a description of the organisational structure of the holder, including the list of each site where one or more of the following pharmacovigilance activities are undertaken—
i
individual case safety report collection and evaluation,
ii
safety database case entry,
iii
periodic safety update report production,
iv
signal detection and analysis,
v
risk management plan management,
vi
pre and post-authorisation study management, and
vii
management of safety variations to the terms of a UK marketing authorisation;
c
a description of the location of, functionality of and operational responsibility for computerised systems and databases used to receive, collate, record and report safety information, and an assessment of their fitness for purpose;
d
a description of data F456handling and recording and of the process used for each of the following pharmacovigilance activities—
i
the continuous monitoring of the risk-benefit balance of each medicinal product, the result of that monitoring and the decision-making process for taking appropriate measures,
ii
operation of each risk management system and of the monitoring of the outcome of risk minimisation measures,
iii
collection, assessment and reporting of individual case safety reports,
iv
drafting and submission of periodic safety update reports, and
v
procedures for communicating safety concerns and safety variations to the summary of product characteristics and package leaflet to healthcare professionals and the general public;
e
a description of the quality system for the performance of pharmacovigilance activities, including—
i
a description of—
aa
the organisational structure for the performance of pharmacovigilance activities,
bb
a summary description of the training concept, including a reference to the location of training files and qualifications records, and
cc
instructions on critical processes,
ii
a description of the record management system referred to in paragraph 12, including the location of the documents used for pharmacovigilance activities,
iii
a description of the system for monitoring the performance of the pharmacovigilance system; and
f
where applicable, a description of the activities or services subcontracted by the holder.
Content of the Annex to the pharmacovigilance system master file3
The pharmacovigilance system master file must have an Annex containing the following documents—
a
a list of medicinal products covered by the pharmacovigilance system master file, including the name of each medicinal product, the international non-proprietary name (INN) of each active substance and the countries other than the United Kingdom in which the products covered are authorised to be marketed;
b
a list of written policies and procedures for the purpose of complying with Part 11 of these Regulations;
c
the list of any sub-contracts falling within paragraph 6(1);
d
a list of the tasks that have been delegated by the qualified person for pharmacovigilance;
e
a list of all scheduled and completed audits;
f
where applicable, a list of the performance indicators that support the quality system for pharmacovigilance specified in paragraph 2(e);
g
where applicable, a list of other pharmacovigilance system master files held by the same holder; and
h
a logbook containing a record of any alteration of the content of the pharmacovigilance system master file made within the preceding 5 year period, except any alteration of the content that is specified in of paragraph 2(a)(ii) to (iv) or this paragraph.
Maintenance of the pharmacovigilance system master file4
1
The holder must keep the pharmacovigilance system master file up to date and, where necessary, revise it to take account of experience gained, and of technical and scientific progress.
2
The pharmacovigilance system master file and its Annex must be subject to version control and, in particular, must indicate the date when it was last updated by the holder.
3
Any deviations from the pharmacovigilance procedures, their impact and their management must be documented in the pharmacovigilance system master file until resolved.
F554
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Form of the documents contained in the pharmacovigilance system master file5
1
The pharmacovigilance system master file documents must be complete and legible.
2
Subject to sub-paragraph (1), in the pharmacovigilance system master file—
a
where appropriate, information may be provided in the form of charts or flow diagrams;
b
all documents must be indexed and archived so as to ensure their accurate and ready retrieval throughout the period for record-keeping; and
c
the particulars and documents may be presented in modules in accordance with the system delineated in detail in the guidance on good pharmacovigilance practices which applies by virtue of regulation 205B.
3
The pharmacovigilance system master file may be stored in electronic form provided that the media used for storage remain readable over time, and a clearly arranged printed copy can be made available for audits and inspections.
Subcontracting6
1
The holder may subcontract certain activities of the pharmacovigilance system to third parties, but if it does so it must nevertheless retain full responsibility for the completeness and accuracy of the pharmacovigilance system master file.
2
The holder must draw up a list of the existing subcontracts between it and the third parties referred to in sub-paragraph (1), specifying each product and each country concerned.
Availability and location of the pharmacovigilance system master file7
F2041
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
3
For the purposes of regulation 182(2)(b), the licensing authority may limit its request to specific parts or modules of the pharmacovigilance system master file and the holder is to bear the costs of submitting the copy of the pharmacovigilance system master file.
4
The licensing authority may request the holder to submit a copy of the logbook referred to in paragraph 3(h) at regular intervals.
PART 2Minimum requirements for the quality systems for the performance of pharmacovigilance activities by the licensing authority and holders
Quality system8
1
Any holder, and the licensing authority, must establish and use a quality system that is adequate and effective for the performance of their pharmacovigilance activities.
2
The quality system must cover organisational structure, responsibilities, procedures, processes and resources, appropriate resource management, compliance management and record management.
3
The quality system must be based on all of the following activities—
a
quality planning: establishing structures and planning integrated and consistent processes;
b
quality adherence, namely carrying out tasks and responsibilities in accordance with quality requirements;
c
quality control and assurance, namely monitoring and evaluating how effectively the structures and processes have been established and how effectively the processes are being carried out; and
d
quality improvements, namely correcting and improving the structures and processes where necessary.
4
All elements, requirements and provisions adopted for the quality system must be documented in a systematic and orderly manner in the form of written policies and procedures, such as quality plans, quality manuals and quality records.
5
All persons involved in the procedures and processes of the quality systems established by the licensing authority for the performance of pharmacovigilance activities shall be responsible for the good functioning of those quality systems, and must ensure a systematic approach towards quality and towards the implementation and maintenance of the quality system.
Performance indicators9
1
The holder and the licensing authority may use performance indicators to continuously monitor the good performance of pharmacovigilance activities.
2
The licensing authority may publish a list of performance indicators.
PART 3Minimum requirements for the quality systems for the performance of pharmacovigilance activities by holders
Management of human resources10
1
The holder must have sufficient competent and appropriately qualified and trained personnel available for the performance of pharmacovigilance activities.
2
For the purposes of sub-paragraph (1), the holder must—
a
ensure that the qualified person responsible for pharmacovigilance has acquired adequate theoretical and practical knowledge for the performance of pharmacovigilance activities; and
b
where the qualified person has not completed basic medical training in accordance with Article 24 of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, ensure that the qualified person responsible for pharmacovigilance is assisted by a medically trained person, with such assistance being duly documented.
3
The duties of the managerial and supervisory staff, including the qualified person responsible for pharmacovigilance, must be defined in job descriptions and their hierarchical relationships must be defined in an organisational chart.
4
The holder must ensure that the qualified person responsible for pharmacovigilance has sufficient authority to influence the performance of the quality system and the pharmacovigilance activities of the holder.
5
All personnel involved in the performance of pharmacovigilance activities must receive initial and continued training in relation to their role and responsibilities, and the holder must keep training plans and records for documenting, maintaining and developing the competences of personnel and make them available for audit or inspection.
6
The holder must provide appropriate instructions on the processes to be used in case of urgency, including business continuity.
Compliance management11
1
Specific quality system procedures and processes must be in place in order to ensure the following—
a
the continuous monitoring of pharmacovigilance data, the examination of options for risk minimisation and prevention and that appropriate measures are taken by the holder;
b
the scientific evaluation by the holder of all information on the risks of medicinal products, as referred to in regulation 182(4)(a);
c
the submission of accurate and verifiable data on serious and non-serious adverse reactions to the licensing authority within the time limits provided for in regulation 188(1)(a) or (b);
d
the quality, integrity and completeness of the information submitted on the risks of medicinal products, including processes to avoid duplicate submissions;
e
effective communication by the holder with the licensing authority, including communication on—
i
new risks or changed risks,
ii
the pharmacovigilance system master file,
iii
risk management systems,
iv
risk minimisation measures,
v
periodic safety update reports,
vi
corrective and preventive actions, and
vii
post-authorisation studies;
f
the update of product information by the holder in the light of scientific knowledge, including the assessments and recommendations made public via the UK web-portal, and on the basis of a continuous monitoring by the holder of information published on that web-portal; and
g
appropriate communication by the holder of relevant safety information to healthcare professionals and patients.
2
Where a holder has subcontracted some of its pharmacovigilance tasks, it must retain responsibility for ensuring that an effective quality system is applied in relation to those tasks.
Record management and data retention12
1
A holder must record all pharmacovigilance information and ensure that it is handled and stored so as to allow for accurate reporting, interpretation and verification of that information.
2
A holder must put in place a record management system for all documents used for pharmacovigilance activities that ensures—
a
the retrievability of those documents; and
b
the traceability of the measures taken to investigate safety concerns, of the timelines for those investigations and of decisions on safety concerns, including their date and the decision-making process.
3
A holder must establish mechanisms enabling the traceability and follow-up of adverse reaction reports.
4
A holder must arrange for the elements referred to in sub-paragraph (2) to be kept for at least five years, beginning with the day after the system as described in the pharmacovigilance system master file has been formally terminated by the holder.
5
Pharmacovigilance data and documents relating to individual authorised medicinal products must be retained as long as the product is authorised and for at least 10 years, beginning with the date on which the F483UKMA(GB) ceased to exist.
Audit13
1
Risk-based audits of the quality system must be performed at regular intervals to ensure that the quality system complies with the quality system requirements set out in paragraphs 8, 10, 11 and 12, and to determine its effectiveness.
2
The audits referred to in sub-paragraph (1) must be conducted by individuals who have no direct involvement in or responsibility for the matters or processes being audited.
3
Following a risk-based audit—
a
any corrective action, including a follow-up audit of deficiencies, must be taken where necessary;
b
a report on the results of the audit must be drawn up for each audit and follow-up audit;
c
the audit report must be sent to the management responsible for the matters audited; and
d
the dates and results of audits and follow-up audits must be documented in accordance with regulation 184(1)(b).
PART 4Minimum requirements for the quality systems for the performance of pharmacovigilance activities by the licensing authority
Management of human resources14
1
The licensing authority must have sufficient competent and appropriately qualified and trained personnel available for the performance of pharmacovigilance activities: the organisational structures and the distribution of tasks and responsibilities must be clear and, to the extent necessary, accessible.
2
Named contact points in the licensing authority for pharmacovigilance activities must be established.
3
The licensing authority must ensure that—
a
all of its personnel involved in the performance of pharmacovigilance activities receive initial and continued training;
b
it keeps training plans and records for documenting, maintaining and developing the competences of personnel; and
c
such plans and records are available for audit.
4
The licensing authority must ensure that it provides to its personnel performing pharmacovigilance activities appropriate instructions on the processes to be used in case of urgency, including business continuity.
Compliance management15
The licensing authority must establish specific procedures and processes in order to achieve the following objectives—
a
ensuring the evaluation of the quality, including completeness, of pharmacovigilance data submitted;
b
ensuring the assessment of pharmacovigilance data and its processing within the timelines provided for in Part 11 of these Regulations;
c
ensuring independence in the performance of pharmacovigilance activities;
d
ensuring effective communication among regulatory bodies in countries other than the United Kingdom who have the same or similar functions as the licensing authority, as well as with patients, healthcare professionals, marketing authorisation holders and the general public; and
e
conducting inspections, including pre-authorisation inspections.
Record management and data retention16
1
The licensing authority must—
a
record all pharmacovigilance information, and ensure that it is handled and stored so as to allow for accurate reporting, interpretation and verification of that information; and
b
put in place a record management system for all documents used for pharmacovigilance activities that ensures—
i
the retrievability of those documents, and
ii
the traceability of the measures taken to investigate safety concerns, of the timelines for those investigations and of decisions on safety concerns, including their date and the decision-making process.
2
The licensing authority must arrange for the essential documents describing their pharmacovigilance system to be kept for at least five years, such period beginning with the day after the system has been formally terminated.
3
Pharmacovigilance data and documents relating to individual authorised medicinal products must be retained by the licensing authority for as long as the product is authorised and for at least 10 years, such period beginning with the day after the F483UKMA(GB) has expired.
Audit17
1
Risk-based audits of the quality system must be performed by the licensing authority at regular intervals to ensure that the quality system complies with the requirements set out in paragraphs 8, 14, 15 and 16, and to ensure its effectiveness.
2
Following a risk-based audit—
a
any corrective action, including a follow-up audit of deficiencies, must be taken where necessary;
b
a report on the results of the audit must be drawn up for each audit and follow-up audit;
c
the audit report must be sent to the management responsible for the matters audited; and
d
the dates and results of audits and follow-up audits must be documented.
PART 5Use of terminology, formats and standards
Use of internationally agreed terminology, formats and standards18
The licensing authority may publish a list of which of the internationally agreed—
a
terminology; and
b
formats and standards,
are to be used for the description, classification, retrieval, presentation, risk-benefit evaluation and assessment, electronic exchange and communication of pharmacovigilance and medicinal product information.
PART 6Transmission of reports of suspected adverse reactions
Individual case safety reports19
Individual case safety reports must be used for reporting to the licensing authority suspected adverse reactions to a medicinal product that occur in a single patient at a specific point in time.
Content of the individual case safety report20
1
Holders must—
a
ensure that individual case safety reports are as complete as possible; and
b
communicate the updates of those reports to the licensing authority in an accurate and reliable manner.
2
In the case of expedited reporting, the individual case safety report must include at least an identifiable reporter, an identifiable patient, one suspected adverse reaction and any medicinal product concerned.
3
Holders and the licensing authority must record the details necessary for obtaining follow-up information on individual case safety reports and such reports must be adequately documented.
4
When reporting suspected adverse reactions, holders must provide all available information on each individual case, including—
a
administrative information, namely—
i
report type, date and a worldwide unique case identification number as well as unique sender identification and sender type,
ii
the date on which the report was first received from the source and the date of receipt of the most recent information, using a precise date, and
iii
other case identifiers and their sources, as well as references to additional available documents held by the sender of the individual case safety report, where applicable;
b
literature reference in accordance with the ‘Vancouver style’ as developed by the International Committee of Medical Journal Editors M110 for adverse reactions reported in the worldwide literature, including a comprehensive English summary of the article;
c
study type, study name and the sponsor's study number or study registration number for reports from studies not covered by the Clinical Trials Regulations;
d
information on any primary source, namely information identifying the reporter, including country of residence and professional qualifications;
e
information identifying the patient (and parent in the case of a parent-child report), including age at the time of the onset of the first reaction, age group, gestation period when reaction or event was observed in the foetus, weight, height or gender, last menstrual date and, where relevant, gestation period at time of exposure;
f
relevant medical history and concurrent conditions;
g
the name of any medicinal product suspected to be related to the occurrence of the adverse reaction, including interacting medicinal products or, where the name is not known, any active substance and any other characteristics that allow for the identification of a medicinal product, including—
i
the name of the holder, UK marketing authorisation number, pharmaceutical form and each (parent) route of administration,
ii
any indication for use in the case, dose administered, start date and end date of administration,
iii
actions taken with any medicinal product, and
iv
effect of the dechallenge and rechallenge for suspect medicinal products;
h
for a biological medicinal product, the batch number;
i
concomitant medicinal products, identified in accordance with paragraph (g), which are not suspected to be related to the occurrence of the adverse reaction and past-medical drug therapy for the patient (and for the parent), where applicable;
j
information on any suspected adverse reaction, including—
i
start date and end date of any suspected adverse reaction or duration,
ii
seriousness,
iii
outcome of any suspected adverse reaction at the time of last observation,
iv
time intervals between suspect medicinal product administration and start of any adverse reaction,
v
the original reporter's words or short phrases used to describe any reaction, and
vi
country of occurrence of the suspected adverse reaction;
k
results of tests and procedures relevant to the investigation of the patient;
l
in the event of death of the patient, date and reported cause of death, including autopsy-determined causes;
m
a case narrative, where possible, providing all relevant information for individual cases with the exception of non-serious adverse reactions; and
n
reasons for nullifying or amending an individual case safety report.
5
For the purposes of—
a
sub-paragraph (4)(b), upon request of the licensing authority, the holder that transmitted the initial report must provide a copy of the relevant article taking into account copyright restrictions, and a full translation of that article into English;
b
sub-paragraph (4)(h), a follow-up procedure must be in place to obtain the batch number where it is not indicated in the initial report;
c
sub-paragraph (4)(m), the information must be presented in a logical time sequence, in the chronology of the patient's experience including clinical course, therapeutic measures, outcome and follow-up information obtained: any relevant autopsy or post-mortem findings must also be summarised in the narrative.
6
Suspected adverse reactions must be reported in English.
Format of electronic transmission of suspected adverse reactions21
Holders must use the formats and terminology specified in the list published under paragraph 18 for the electronic transmission of suspected adverse reactions, if the licensing authority has published a list under that paragraph.
PART 7Risk management plans
Content of the risk management plan22
1
The risk management plan established by the holder must contain the following elements—
a
an identification or characterisation of the safety profile of the medicinal product concerned;
b
an indication of how to characterise further the safety profile of the medicinal product(s) concerned;
c
a documentation of measures to prevent or minimise the risks associated with the medicinal product, including an assessment of the effectiveness of those measures; and
d
a documentation of post-authorisation obligations that have been imposed as a condition of the F483UKMA(GB).
2
Medicinal products may, where appropriate be subject to the same risk management plan if they—
a
contain the same active substance; and
b
belong to the same holder.
3
Where a risk management plan refers to post-authorisation studies—
a
it must indicate whether those studies are initiated, managed or financed by the holder voluntarily, or pursuant to obligations imposed by the licensing authority or an equivalent authority to the licensing authority in another country; and
b
all post-authorisation obligations must be listed in the summary of the risk management plan referred to in paragraph 23, together with a timeframe for meeting those obligations.
Summary of the risk management plan23
1
The summary of the risk management plan to be made publicly available in accordance with regulation 203(2)(d) (obligations on licensing authority in relation to national medicines web-portal) must include key elements of the risk management plan with a specific focus on risk minimisation activities and, with regard to the safety specification of the medicinal product concerned, important information on potential and identified risks as well as missing information.
2
Where a risk management plan concerns more than one medicinal product, a separate summary of the risk management plan must be provided by holders for each medicinal product.
Updates of the risk management plan24
1
Subject to sub-paragraph (2), where the holder updates a risk management plan, it must submit the updated risk management plan to the licensing authority.
2
If the licensing authority agrees, the holder may submit only the modules concerned by the update.
3
If necessary, the holder must provide the licensing authority with an updated summary of the risk management plan.
4
Each submission of the risk management plan must—
a
have a distinct version number; and
b
be dated.
Format of the risk management plan25
The risk management plan must be in the following format—
a
Part I: product overview;
b
Part II: safety specification consisting of—
i
Module SI: epidemiology of each indication and each target population,
ii
Module SII: non-clinical part of the safety specification,
iii
Module SIII: clinical trial exposure,
iv
Module SIV: populations not studied in clinical trials,
v
Module SV: post-authorisation experience,
vi
Module SVI: additional EU requirements for the safety specification,
vii
Module SVII: identified and potential risks, and
viii
Module SVIII: summary of the safety concerns;
c
Part III: pharmacovigilance plan, including post-authorisation safety studies;
d
Part IV: plans for post-authorisation efficacy studies;
e
Part V: risk minimisation measures, including evaluation of the effectiveness of risk minimisation activities;
f
Part VI: summary of the risk management plan; and
g
Part VII: annexes.
PART 8Periodic safety update reports
Content of periodic safety update reports26
1
The periodic safety update report (“PSUR” ) must—
a
be based on all available data; and
b
focus on new information which has emerged since the data lock point of the last PSUR.
2
The PSUR must provide an accurate estimate of the population exposed to the medicinal product, including all data relating to the volume of sales and volume of prescriptions.
3
The estimate of exposure referred to in sub-paragraph (2) must be accompanied by a qualitative and quantitative analysis of actual use, which must indicate, where appropriate, how actual use differs from the indicated use based on all data available to the holder, including the results of observational or drug utilisation studies.
4
The PSUR must contain the results of assessments of the effectiveness of risk minimisation activities relevant to the risk–benefit assessment.
5
Where any conditions are imposed under regulation 59(4A) (conditions in relation to UK marketing authorisations to which paediatric specific provisions apply) or 59(4D) (conditions in relation to UK marketing authorisations for advanced therapy medicinal products), the PSUR must also include an assessment of the effectiveness of any risk management system, and the results of any studies performed, in order to comply with those conditions.
6
Subject to sub-paragraph (7), holders are not required to include systematically detailed listings of individual cases, including case narratives, in the PSUR.
7
Holders must provide case narratives in the relevant risk evaluation section of the PSUR where integral to the scientific analysis of a signal or safety concern in the relevant risk evaluation section.
8
Based on the evaluation of the cumulative safety data and the risk-benefit analysis, the holder must draw conclusions in the PSUR as to the need for changes or actions, including implications for the approved summary of product characteristics for each product for which the PSUR is submitted.
9
Unless otherwise agreed with the licensing authority, a single PSUR must be prepared for all medicinal products which—
a
contain the same active substance; and
b
are authorised for the same holder,
and sub-paragraph (10) applies to that single PSUR.
10
Where this sub-paragraph applies—
a
the PSUR must cover all indications, routes of administration, dosage forms and dosing regimens, irrespective of whether authorised under different names and through separate procedures; and
b
where relevant, data relating to a particular indication, dosage form, route of administration or dosing regimen must be presented in a separate section of the PSUR, with any safety concerns addressed accordingly.
11
Unless otherwise agreed with the licensing authority, if the substance that is the subject of the PSUR is also authorised as a component of a fixed combination medicinal product, the holder must either—
a
submit a separate PSUR for the combination of active substances authorised for the same holder, with cross-references to each relevant single-substance PSUR; or
b
provide the combination data within one of the single-substance PSURs.
Format of periodic safety update reports27
F434 1
Electronic PSURs must be submitted in the following format—
a
Part I: title page including signature;
b
Part II: executive summary; and
c
Part III: table of contents which contains—
i
introduction,
ii
worldwide marketing authorisation status,
iii
actions taken in the reporting interval for safety reasons,
iv
changes to reference safety information,
v
estimated exposure and use patterns—
aa
cumulative subject exposure in clinical trials,
bb
cumulative and interval patient exposure from marketing experience,
vi
data in summary tabulations—
aa
reference information,
bb
cumulative summary tabulations of serious adverse events in clinical trials,
cc
cumulative and interval summary tabulations from post-marketing data sources,
vii
summaries of significant findings from clinical trials during the reporting interval—
aa
completed clinical trials,
bb
ongoing clinical trials,
cc
long-term follow-up,
dd
other therapeutic use of medicinal product,
ee
new safety data related to fixed combination therapies,
viii
findings from non-interventional studies,
ix
information from other clinical trials and sources,
x
non-clinical data,
xi
literature,
xii
other periodic reports,
xiii
lack of efficacy in controlled clinical trials,
xiv
late-breaking information,
xv
overview on signals: new, ongoing or closed,
xvi
signal and risk evaluation—
aa
summaries of safety concerns,
bb
signal evaluation,
cc
evaluation of risks and new information,
dd
characterisation of risks, and
ee
effectiveness of risk minimisation (if applicable),
xvii
benefit evaluation—
aa
important baseline efficacy and effectiveness information,
bb
newly identified information on efficacy and effectiveness, and
cc
characterisation of benefits,
xviii
integrated benefit-risk analysis for authorised indications—
aa
benefit-risk context: medical need and important alternatives, and
bb
benefit-risk analysis evaluation,
xix
conclusions and actions, and
xx
appendices to the PSUR.
F992
In this paragraph, “signal evaluation” means the process of further evaluating a validated signal taking into account all available evidence, to determine whether there are new risks causally associated with the active substance or medicinal product, or whether known risks have changed, and that process—
a
may include non-clinical and clinical data; and
b
must be as comprehensive as possible regarding the sources of information used for that process.
PART 9Post-authorisation safety studies
Scope and interpretation28
1
This Part applies to non-interventional post-authorisation safety studies initiated, managed or financed by a holder under obligations imposed under regulation 59 or 61 (conditions of UK marketing authorisation).
2
In this Part—
“start of data collection” means the date on which information on the first study subject is first recorded in the study dataset or, in the case of the secondary use of data, the date on which the data extraction starts; and
“end of data collection” means the date on which the analytical dataset is completely available.
Obligations as to post-authorisation safety studies29
1
The holder must submit in English—
a
the study protocol; and
b
the abstract of the final study report and the final study report.
2
The holder must ensure that—
a
all study information is handled and stored so as to allow for accurate reporting, interpretation and verification of that information;
b
the confidentiality of the records of the study subjects remains protected; and
c
the analytical dataset and statistical programmes used for generating the data included in the final study report are kept in electronic format and are available for auditing and inspection.
3
The licensing authority may publish appropriate templates for the protocol, abstract and final study report.
Format of the study protocol30
The study protocol for a non-interventional post-authorisation safety studies must be submitted in the following format—
a
title: informative title including a commonly used term indicating the study design and the medicinal product, substance or drug class concerned, and a sub-title with a version identifier and the date of the last version;
b
name of holder;
c
responsible parties including a list of all collaborating institutions and other relevant study sites.
d
abstract, which must consist of a stand-alone summary of the study protocol, including the following subsections—
i
title with subtitles including version and date of the protocol and name and affiliation of the main author,
ii
rationale and background,
iii
research question and objectives,
iv
study design,
v
population,
vi
variables,
vii
data sources,
viii
study size,
ix
data analysis, and
x
milestones;
e
amendments and updates, namely any substantial amendment and update to the study protocol after the start of data collection, including a justification for the amendment or update, the date of the change, and a reference to the section of the protocol where the change has been made.
f
milestones, namely a table with planned dates for the following milestones—
i
start of data collection,
ii
end of data collection,
iii
any study progress report as referred to in regulation 198(2),
iv
any interim report of study results, if applicable, and
v
final report of study results;
g
rationale and background, namely a description of any safety hazard, the safety profile or the risk management measures that led to the study being imposed as an obligation for a F483UKMA(GB);
h
research question and objectives in accordance with the decision of the licensing authority in imposing the study as an obligation;
i
research methods, namely a description of the research methods, including—
i
study design,
ii
setting, namely the study population defined in terms of persons, place, time period, and selection criteria, including the rationale for any inclusion and exclusion criteria: where any sampling from a source population is undertaken, a description of the source population and details of sampling methods must be provided and where the study design is a systematic review or a meta-analysis, the criteria for the selection and eligibility of studies must be explained,
iii
variables,
iv
data sources, namely strategies and data sources for determining exposures, outcomes and all other variables relevant to the study objectives: where the study will use an existing data source, such as electronic health records, any information on the validity of the recording and coding of the data must be reported and in the case of a systematic review or meta-analysis, the search strategy and processes and any methods for confirming data from investigators must be described,
v
study size, namely any projected study size, precision sought for study estimates and any calculation of the study size that can minimally detect a pre-specified risk with a pre-specified interpretative power,
vi
data management,
vii
data analysis,
viii
quality control, and
ix
limitations of the research methods;
j
protection of human subjects, namely safeguards in order to comply with national requirements for ensuring the well-being and rights of participants in non-interventional post-authorisation safety studies;
k
management and reporting of adverse events or adverse reactions and other medically important events while the study is being conducted;
l
plans for disseminating and communicating study results; and
m
references.
Format of the abstract of the final study report31
The abstract of the final study report for a non-interventional post-authorisation safety studies must be submitted in the following format—
a
title, with subtitles including date of the abstract and name and affiliation of main author;
b
keywords (not more than five keywords indicating the main study characteristics);
c
rationale and background;
d
research question and objectives;
e
study design;
f
setting;
g
subjects and study size, including dropouts;
h
variables and data sources;
i
results;
j
discussion (including, where relevant, an evaluation of the impact of study results on the risk–benefit balance of the product);
k
name of holder; and
l
names and affiliations of principal investigators.
Format of the final study report32
The final study report for a non-interventional post-authorisation safety studies must be submitted in the following format—
a
title, including a commonly used term indicating the study design; sub-titles with date of final report and name and affiliation of the main author;
b
abstract, namely a stand-alone summary referred to in paragraph 31;
c
name and address of the holder;
d
investigators, namely the names, titles, degrees, addresses and affiliations of the principal investigator and all co-investigators, and list of all collaborating primary institutions and other relevant study sites;
e
milestones, namely the dates for the following milestones—
i
start of data collection (planned and actual dates),
ii
end of data collection (planned and actual dates),
iii
study progress reports,
iv
interim reports of study results, where applicable,
v
final report of study results (planned and actual date), and
vi
any other important milestone applicable to the study, including date of study registration in the electronic study register
f
rationale and background, namely a description of the safety concerns that led to the study being initiated, and critical review of relevant published and unpublished data evaluating pertinent information and gaps in knowledge that the study is intended to fill;
g
research question and objectives;
h
amendments and updates to the protocol, namely a list of any substantial amendments and updates to the initial study protocol after the start of data collection, including a justification for each amendment or update;
i
research methods, namely—
i
study design: key elements of the study design and rationale for this choice,
ii
setting: setting, locations, and relevant dates for the study, including periods of recruitment, follow-up, and data collection: in the case of a systematic review or meta-analysis, study characteristics used as criteria for eligibility, with rationale,
iii
subjects: any source population and eligibility criteria for study subjects. Sources and methods for selection of participants shall be provided, including, where relevant, methods for case ascertainment, as well as number of and reasons for dropouts,
iv
variables: all outcomes, exposures, predictors, potential confounders, and effect modifiers, including operational definitions: diagnostic criteria shall be provided, where applicable,
v
data sources and measurement: for each variable of interest, sources of data and details of methods of assessment and measurement; if the study has used an existing data source, such as electronic health records, any information on the validity of the recording and coding of the data must be reported and in the case of a systematic review or meta-analysis, description of all information sources, search strategy, methods for selecting studies, methods of data extraction and any processes for obtaining or confirming data from investigators,
vi
bias,
vii
study size: study size, rationale for any study size calculation and any method for attaining projected study size,
viii
data transformation: transformations, calculations or operations on the data, including how quantitative data were handled in the analyses and which groupings were chosen and why,
ix
statistical methods: description of the following items—
aa
main summary measures,
bb
all statistical methods applied to the study,
cc
any methods used to examine subgroups and interactions,
dd
how missing data were addressed,
ee
any sensitivity analyses, and
ff
any amendment to the plan of data analysis included in the study protocol, with rationale for the change, and
x
quality control: mechanisms to ensure data quality and integrity;
j
results: comprising the following subsections—
i
participants, namely numbers of study subjects at each stage of study: in the case of a systematic review or meta-analysis, number of studies screened, assessed for eligibility and included in the review with reasons for exclusion at each stage,
ii
descriptive data: characteristics of study participants, information on exposures and potential confounders and number of participants with missing data. In the case of a systematic review or meta-analysis, characteristics of each study from which data were extracted,
iii
outcome data: numbers of study subjects across categories of main outcomes,
iv
main result: unadjusted estimates and, if applicable, confounder-adjusted estimates and their precision and where relevant, estimates of relative risk must be translated into absolute risk for a meaningful time period,
v
other analyses, and
vi
adverse events and adverse reactions;
k
discussion which must include—
i
key results with reference to the study objectives, prior research in support of and conflicting with the findings of the completed post-authorisation safety study, and, where relevant, the impact of the results on the risk–benefit balance of the product,
ii
limitations of the study taking into account circumstances that may have affected the quality or integrity of the data, limitations of the study approach and methods used to address them, sources of potential bias and imprecision, and validation of the events; both the direction and magnitude of potential biases must be discussed,
iii
interpretation of results, considering objectives, limitations, multiplicity of analyses, results from similar studies and other relevant evidence, and
iv
generalisability; and
l
references.
SCHEDULE 7Insertion of new Schedule 33A (transitional provision)
I581
After Schedule 33 insert—
SCHEDULE 33ATransitional provision in relation to EU Exit
PART 1Interpretation
1
In this Schedule—
“the COMP” means the Committee for Orphan Medicinal Products of the EMA, established under Article 4 of the Orphan Regulation;
“converted EU marketing authorisation” has the meaning given in paragraph 6(1) and (2);
“the Paediatric Regulation” means Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004, as it has effect in EU law M111;
“the Paediatric Committee” means the committee of the EMA established under Article 3 of the Paediatric Regulation;
“the Pharmacovigilance Risk Assessment Committee” means the Committee of the EMA established by Article 56(1)(aa) of Regulation (EC) No 726/2004; and
“Regulation (EC) No 507/2006” means Commission Regulation (EC) No 507/2006 on the conditional marketing authorisation for medicinal products for human use falling within the scope of Regulation (EC) No 726/2004 of the European Parliament and of the Council, as it has effect in EU law M112.
PART 2Manufacturing, wholesale dealing and brokering
Wholesale dealer's licence used to distribute a medicinal product imported from an EEA State before F290IP completion day2
1
Subject to sub-paragraphs (2) and (3), a person (“P”) who is the holder of a wholesale dealer's licence which—
a
was granted before F290IP completion day by the licensing authority;
b
c
was used by P to distribute a medicinal product, which was imported from an EEA State, by way of wholesale dealing, or to possess a medicinal product imported from an EEA State for such a purpose,
is deemed on and after F290IP completion day to hold a wholesale dealing licence granted under Part 3 (manufacture and distribution of medicinal products and active substances) that permits the operation of importing medicinal products from an approved country for import for the purposes specified in paragraph (c).
2
After the end of the period of 6 months beginning with F290IP completion day, P is deemed to continue hold a wholesale dealer's licence that permits the operation of importing medicinal products from an approved country for import by virtue of sub-paragraph (1) only if, before the end of that period, P has notified the licensing authority in writing of—
a
P's intention to continue to import medicinal products from an approved country for import; and
b
either—
i
P's intention to appoint a responsible person (import) who will carry out the functions under regulation 45AA(4) (requirement as to responsible persons where licence holder imports from an approved country for import) in respect of the licence, or
ii
that P will only import medicinal products from an approved country for import to which an exemption in regulation 45AA(2) applies.
3
Unless P has notified the licensing authority as provided for in sub-paragraph (2)(b)(ii), after the end of the period of 2 years beginning with F290IP completion day, P is deemed to continue to hold a wholesale dealer's licence that permits the operation of importing medicinal products from an approved country for import by virtue of sub-paragraph (1) only if, before the end of that period, P has notified the licensing authority in writing of the name, address and qualifications of a person who—
a
is included in the register under regulation 45AB(1); and
b
will carry out the functions under regulation 45AA(4) in respect of the licence.
4
From F290IP completion day, until the date on which P notifies the licensing authority of the information specified in sub-paragraph (3), the responsible person in respect of that licence under regulation 45 must carry out the functions under regulation 45AA(4).
5
As soon as reasonably practicable after receipt of the information specified in paragraph (3), the licensing authority must provide P with written notice that the responsible person (import) is named on the licence.
6
Where P has notified the licensing authority as provided for in sub-paragraph (2)(b)(ii), the licensing authority must, as soon as reasonably practicable, notify P in writing that the wholesale dealer's licence includes import of a medicinal product from an approved country for import limited to medicinal products to which an exemption in regulation 45AA(2) applies.
Approved country for import list on F290IP completion day (regulation 18A)3
1
For the purposes of regulation 18A(1) (approved country for import), during the transitional period, the licensing authority must publish an approved country for import list that includes each EEA State in it.
2
The licensing authority must not, before the end of the transitional period, exercise its power under regulation 18A(3) to remove an EEA State from the approved country for import list.
3
In this paragraph, “the transitional period” is the period of two years beginning with F290IP completion day.
Qualified persons and approved country for batch testing list on F290IP completion day (Schedule 7)4
1
Sub-paragraph (2) applies to a person who—
a
is acting as a qualified person immediately before F290IP completion day; and
b
satisfies the requirements of Part 1 of Schedule 7 (qualification requirements for qualified persons) immediately before F290IP completion day as they had effect at that time.
2
The person is to be treated on and after F290IP completion day as continuing to satisfy the requirements of Part 1 of Schedule 7 if the person would otherwise fail to do so as a result of amendments made to that Part by the EU Exit Regulations.
3
For the purposes of paragraph 14(1)(b) of Schedule 7 (obligations of qualified person), for the transitional period, the licensing authority is deemed to have made appropriate arrangements with—
a
each EEA State;
b
Australia;
c
Canada;
d
Israel;
e
Japan;
f
New Zealand;
g
Switzerland; and
h
the United States of America,
and the licensing authority must, on F290IP completion day, publish a list that includes those countries under paragraph 14(3) of Schedule 7.
4
The licensing authority may, in respect of any country specified in sub-paragraph (3)(b) to (h), include that country in the list subject to a condition or restriction as provided for in paragraph 14(4) of Schedule 7, insofar as that condition or restriction was reflected in the appropriate arrangements that existed immediately before F290IP completion day under Article 51(2) of the 2001 Directive.
5
The licensing authority must not, before the end of the transitional period, exercise its powers under paragraph 14(6) of Schedule 7 to remove an EEA State from the list it publishes.
6
In this regulation, “the transitional period” is the period of two years beginning with F290IP completion day.
List of countries with equivalent regulatory standards as to the manufacturing of active substances on F290IP completion day (regulation 45O(6) to (9))5
1
For the purposes of regulation 45O(6) (requirements for registration as an importer, manufacturer or distributor of active substances), for the transitional period, the licensing authority must publish a list that includes the following countries—
a
each EEA State;
b
Australia;
c
Brazil;
d
Israel;
e
Japan;
F153ea
Republic of Korea;
f
Switzerland; and
g
the United States of America.
2
The licensing authority must not, before the end of the transitional period, exercise its power under regulation 45O(9) to remove an EEA State from the list it publishes.
3
In this paragraph, “the transitional period” is the period of two years beginning with F290IP completion day.
PART 3Transitional provision in respect of conversion of EU marketing authorisations in force immediately before F290IP completion day
Conversion of EU marketing authorisations in force before F290IP completion day6
1
This paragraph applies in relation to an EU marketing authorisation which was in force immediately before F290IP completion day.
2
An EU marketing authorisation to which this paragraph applies—
F161a
insofar as it authorises sale or supply of a medicinal product in Great Britain, has effect on and after IP completion day as a UKMA(GB) granted under regulation 49(1) of these Regulations (but, insofar as it authorises sale or supply of a medicinal product in Northern Ireland, continues to operate in Northern Ireland as an EU marketing authorisation); and
b
is referred to in this Part as a “converted EU marketing authorisation”.
3
If the holder of an EU marketing authorisation to which this paragraph applies notifies the licensing authority in writing before the end of the period of 21 days beginning with F290IP completion day that it does not wish to be the holder of a converted EU marketing authorisation, the licensing authority must revoke the converted EU marketing authorisation with effect from the date of receipt of the notification.
4
A converted EU marketing authorisation—
a
is treated as if it had been granted by the licensing authority under regulation 49(1) on the same terms as those on which the EU marketing authorisation was granted, including any conditions or restrictions subject to which the EU marketing authorisation was granted and which remain in force immediately before F290IP completion day;
b
is treated, for the purposes of regulations 65 or 65B (validity of UK marketing authorisation), as if it had been granted by the licensing authority on the date that the EU marketing authorisation took effect;
c
d
is treated for the purposes of determining the relevant fee period for the purposes of Schedule 4 to the Fees Regulations (periodic fees for marketing authorisations) as if it had been granted by the licensing authority on the date that the EU marketing authorisation took effect;
e
is treated, for the purposes of the reference to the date of grant in regulation 27A(a) of the Fees Regulations (fees for renewals of a marketing authorisation) as if it had been granted on the date that the EU marketing authorisation took effect;
f
g
retains the benefit of any decision by the EMA to exempt the holder from Articles 14(4) or (5) of Regulation (EC) No 726/2004 (failure to place on the market), and that decision is treated as if it had been made by the licensing authority under regulation 67(3); and
h
remains subject to—
i
any suspension of the EU marketing authorisation that is in force immediately before F290IP completion day,
ii
any post-authorisation obligations imposed after it was granted, and which remain in force immediately before F290IP completion day, and
iii
any variation to its terms which were granted or accepted before F290IP completion day.
5
For the purposes of this paragraph, an EU marketing authorisation is in force, even if that authorisation is suspended immediately before F290IP completion day.
6
A converted EU marketing authorisation to which this paragraph applies which—
a
was granted as a conditional marketing authorisation within the meaning of Article 1 of Regulation (EC) No 507/2006; and
b
remains such a conditional marketing authorisation immediately before F290IP completion day,
has effect on and after F290IP completion day as a UK marketing authorisation granted under regulation 58F.
7
A converted EU marketing authorisation to which this paragraph applies which relates to a medicinal product which—
a
was designated as an orphan medicinal product by the European Commission pursuant to Article 5 of the Orphan Regulation; and
b
remains in the Community register of Orphan Medicinal Products as referred to in that Article immediately before F290IP completion day,
has effect on and after F290IP completion day as a UK marketing authorisation granted under regulation 58C and retains, for the purposes of regulation 58D, the benefit of any period of marketing exclusivity from which the holder benefitted immediately before F290IP completion day under Article 8 of the Orphan Regulation.
Classification of converted EU marketing authorisations7
For the purposes of regulation 62 (classification of UK marketing authorisation), it is a term of a converted EU marketing authorisation that the product to which the authorisation relates is to be available—
a
in a case where the product was classified in its EU marketing authorisation immediately before F290IP completion day as a prescription only medicine, the product is to be available only on prescription;
b
in a case where the product was not so classified and the licensing authority has determined that the product should be available on general sale, the product is to be available on general sale; or
c
in any other case, the product is to be available only from a pharmacy.
Obligations of licensing authority in connection with converted EU marketing authorisations8
1
The licensing authority must, before the end of the period of 7 days beginning with F290IP completion day, notify the holders of converted EU marketing authorisations—
a
that the EU marketing authorisation is converted to a UK marketing authorisation; and
b
that the holder may notify the licensing authority in accordance with paragraph 6(3) that it does not wish to be the holder of a UK marketing authorisation.
2
The licensing authority must, as soon as reasonably practicable after the end of the period referred to in paragraph 6(3), publish a list of converted EU marketing authorisations.
3
The list mentioned in sub-paragraph (2) must specify which converted EU marketing authorisations have been revoked in accordance with paragraph 6(3).
Obligations of holders of converted EU marketing authorisations9
1
A holder of a converted EU marketing authorisation must submit to the licensing authority, before the end of the period of one year beginning with F290IP completion day, the information described in sub-paragraph (3).
2
The obligation in sub-paragraph (1) is subject to any requirement imposed by the licensing authority to provide that information before the end of a shorter period specified by the licensing authority under paragraph 10(1).
3
The information which must be submitted in accordance with sub-paragraph (1) (referred to in this paragraph as the “baseline data”) is—
a
such information concerning the product to which the converted EU marketing authorisation relates as may be specified in writing for this purpose and published by the licensing authority on or before F290IP completion day;
b
notification of whether or not the product to which the converted EU marketing authorisation relates—
i
is on the market in the United Kingdom at the time the notification is given, or
ii
if not, whether the product has been on the market in the United Kingdom at any time on or after F290IP completion day and if so, the date on which it was withdrawn from the United Kingdom market.
4
In this Part, the date on which the holder of a converted EU marketing authorisation complies with the obligation in sub-paragraph (1), or with any requirement imposed by the licensing authority under paragraph 10(1) to provide all of the baseline data before the end of a period shorter than the period of one year beginning with F290IP completion day, is referred to as “the data submission date”.
Powers of licensing authority in connection with provision of information10
1
If the licensing authority requests a holder of a converted EU marketing authorisation to submit all or part of the baseline data at any time before the expiry of the period of one year beginning with F290IP completion day, the holder must supply the information within the time period specified by the licensing authority in its request.
2
If the licensing authority requests a holder of a converted EU marketing authorisation to provide any other information relating to the EU marketing authorisation, the holder must supply the information within the time period specified by the licensing authority in its request.
Variations of converted EU marketing authorisations notified or applied for before F290IP completion day11
1
This paragraph applies where, before F290IP completion day—
a
a holder of a converted EU marketing authorisation has notified the EMA of, or made an application to the EMA for, a variation of the EU marketing authorisation to which the converted EU marketing authorisation applies under Chapter III of Regulation (EC) No 1234/2008, or has made an application to the EMA for an extension of that EU marketing authorisation in accordance with Article 19 of that Regulation;
b
the procedures specified in Article 17 of that Regulation (measures to close the procedures of Articles 14 to 16) have not concluded, or, in the case of an extension, no final decision has been made by the European Commission in relation to the application; and
c
the holder of the converted EU marketing authorisation wishes the variation to be made to the converted EU marketing authorisation.
2
Where the variation is a minor variation of Type IA—
a
the variation may be implemented in relation to the converted EU marketing authorisation at any time on or after the time at which it may be implemented in relation to the EU marketing authorisation to which the converted EU marketing authorisation relates;
b
the holder of the converted EU marketing authorisation must (subject to paragraph 13), include in the baseline data—
i
a summary of the variation, and
ii
if the notification has been rejected by the EMA, an indication of that fact; and
c
the variation to the converted EU marketing authorisation is deemed to be accepted unless the licensing authority notifies the holder in writing before the end of the period of 30 days beginning with the data submission date that the variation is rejected, in which case the holder must cease to apply the rejected variation immediately after receipt of the notification.
3
Where the variation is a minor variation of Type IB—
a
the variation may be implemented in relation to the converted EU marketing authorisation at any time on or after the time at which it may be implemented in relation to the EU marketing authorisation to which the converted EU marketing authorisation relates;
b
if the variation has not been rejected by the EMA, the holder of the converted EU marketing authorisation must (subject to paragraph 13) include a copy of the notification in the baseline data; and
c
the variation to the converted EU marketing authorisation is deemed to be accepted unless the licensing authority notifies the holder in writing before the end of the period of 30 days beginning with the data submission date that the variation is rejected, in which case the holder must cease to apply the rejected variation immediately after receipt of the notification.
4
Sub-paragraph (5) applies where—
a
the variation is a major variation of Type II or an extension; and
b
before F290IP completion day the Committee for Medicinal Products for Human Use gave a positive final opinion in relation to the application with which the United Kingdom concurred.
5
Where this sub-paragraph applies—
a
the variation may be implemented in relation to the converted EU marketing authorisation at any time on or after the time at which it may be implemented in relation to the EU marketing authorisation to which the converted EU marketing authorisation relates;
b
the holder of the converted EU marketing authorisation must (subject to paragraph 13) include a copy of the application in the baseline data; and
c
the licensing authority must either—
i
treat the variation as accepted, and, if the variation affects the terms of the converted EU marketing authorisation, amend those terms accordingly; or
ii
notify the holder of the converted EU marketing authorisation before the end of the period of 30 days beginning with the data submission date that the variation is rejected, in which case the holder must cease to apply the rejected variation immediately after receipt of the notification.
6
Sub-paragraph (7) applies where—
a
the variation is a major variation of Type II or an extension; and
b
before F290IP completion day the Committee for Medicinal Products for Human Use had not given any opinion in relation to the application, or had given a negative final opinion in relation to it, or had given a positive final opinion but the United Kingdom recorded a divergent opinion.
7
Where this paragraph applies—
a
the holder of the converted EU marketing authorisation must submit to the licensing authority—
i
the application for the variation; and
ii
(subject to paragraph 13) the baseline data; and
b
the licensing authority must consider the application in accordance with Schedule 10A.
8
In this paragraph and paragraph 12, “minor variation of Type IA”, “minor variation of Type IB”, “major variation of Type II” and “extension” have the meanings given in paragraph 1 of Schedule 10A.
Variations of converted EU marketing authorisations submitted to EMA after F290IP completion day but before the data submission date12
1
This paragraph applies where a holder of a converted EU marketing authorisation—
a
notifies the EMA of, or applies to the EMA for, a variation of the EU marketing authorisation to which the converted EU marketing authorisation relates during the period beginning with F290IP completion day and ending on the day before the data submission date; and
b
wishes the variation to be made in relation to the converted EU marketing authorisation.
2
Where the variation is a minor variation of Type IA—
a
the variation may be implemented in relation to the converted EU marketing authorisation at the same time as it may be implemented in relation to the EU marketing authorisation to which the converted EU marketing authorisation relates;
b
the holder of the converted EU marketing authorisation must (subject to paragraph 13), include in the baseline data—
i
a summary of the variation, and
ii
if the notification has been rejected by the EMA, an indication of that fact; and
c
the variation to the converted EU marketing authorisation is deemed to be accepted unless the licensing authority notifies the holder in writing within the period of 30 days beginning with the data submission date that the variation is rejected, in which case the holder must cease to apply the rejected variation immediately after receipt of the notification.
3
Where the variation is a minor variation of Type IB, a major variation of Type II or an extension which has not been rejected by the EMA—
a
the holder of the converted EU marketing authorisation must submit to the licensing authority—
i
the notification of, or application for, the variation, and
ii
(subject to paragraph 13) the baseline data; and
b
the licensing authority must consider the application in accordance with Schedule 10A.
Variations of converted EU marketing authorisations sought in advance of the data submission date13
1
If a holder of a converted EU marketing authorisation wishes the licensing authority to consider a notification of, or an application for, a variation to the authorisation before the data submission date, the holder must—
a
submit the notification or application to the licensing authority; and
b
unless sub-paragraph (2) applies, provide to the licensing authority at the same time such information concerning the product to which the converted EU marketing authorisation relates as may be specified in writing by the licensing authority for this purpose and published on or before F290IP completion day.
2
If a holder of a converted EU marketing authorisation wishes the licensing authority to consider a notification of, or an application for, a variation to the authorisation before the data submission date but does not provide the information described in sub-paragraph (1)(b) with the notification or application, the licensing authority may agree to consider the notification or application if it is satisfied that—
a
the variation may be necessary on urgent safety grounds;
b
the variation may be necessary in order to maintain supplies of a particular medicinal product to patients in the United Kingdom; or
c
there are other good reasons for considering the variation in advance of the submission of the information described in sub-paragraph (1).
3
Where the licensing authority considers a notification of, or an application for, a variation in advance of the data submission date in accordance with this paragraph, the references in paragraphs 11(2)(c), (3)(c) and (5)(c)(ii) and 12(2)(c) to the data submission date are to be read as references to the date on which—
a
the notification of, or the application for, the variation is submitted to the licensing authority in accordance with sub-paragraph (1); or
b
the licensing authority notifies the holder that it will consider the notification or application, in accordance with sub-paragraph (2), without the information referred to in sub-paragraph (2)(b).
Applications for renewals of converted EU marketing authorisations made before F290IP completion day14
1
This paragraph applies where a holder of a converted EU marketing authorisation has, before F290IP completion day, made an application to the EMA for renewal of the EU marketing authorisation in accordance with Article 14 of Regulation (EC) No 726/2004 but no final decision has been made in relation to that application by the European Commission before F290IP completion day.
2
Where this paragraph applies—
a
the holder of the converted EU marketing authorisation must (subject to paragraph 18) submit the application for renewal to the licensing authority with the baseline data; and
b
the licensing authority must—
i
where before F290IP completion day the Committee for Medicinal Products for Human Use has given a positive final opinion in relation to the application with which the United Kingdom concurred, treat the renewal application as accepted for the purposes of regulation 66 (application for renewal of authorisation), or
ii
where before F290IP completion day the Committee for Medicinal Products for Human Use has not given any opinion or has given a negative final opinion in relation to the application, or where a positive final opinion has been given but the United Kingdom recorded a divergent opinion, treat the application as an application made in relation to the converted EU marketing authorisation under regulation 66 and consider the application in accordance with that regulation.
Applications for renewals of conditional marketing authorisations made before F290IP completion day15
1
This paragraph applies where before F290IP completion day—
a
a holder of a converted EU marketing authorisation which was granted as a conditional marketing authorisation within the meaning of Article 1 of Regulation (EC) No 507/2006 has made an application to the EMA for renewal of the authorisation in accordance with Article 6 of that Regulation; but
b
no final decision has been made in relation to that application by the European Commission.
2
Where this paragraph applies—
a
the holder of the converted EU marketing authorisation must (subject to paragraph 18) submit the application for renewal to the licensing authority with the baseline data; and
b
the licensing authority must—
i
where before F290IP completion day the Committee for Medicinal Products for Human use has given a positive final opinion in relation to the application with which the United Kingdom concurred, treat the renewal application as accepted for the purposes of regulation 66B, or
ii
where before F290IP completion day the Committee for Medicinal Products for Human Use has not given any opinion or has given a negative final opinion in relation to the application, or where a positive final opinion has been given but the United Kingdom recorded a divergent opinion, treat the application as an application made in relation to the converted EU marketing authorisation under regulation 66B (renewal of conditional marketing authorisation) and consider the application in accordance with that regulation.
Applications for renewals of converted EU marketing authorisations made after F290IP completion day16
1
This paragraph applies where a holder of a converted EU marketing authorisation is due to make an application for renewal of the authorisation in accordance with regulation 66 (application for renewal of authorisation) during the period of one year beginning with F290IP completion day.
2
Where this paragraph applies—
a
the holder of the converted EU marketing authorisation must (subject to paragraph 18) submit the baseline data so that it is received by the licensing authority at the same time as the application for renewal is made;
b
the licensing authority must consider the renewal application in accordance with regulation 66; and
c
the converted EU marketing authorisation remains in force until the licensing authority notifies the holder of its decision on the renewal application.
Applications for renewals of conditional marketing authorisations made after F290IP completion day17
1
This paragraph applies where the holder of a converted EU marketing authorisation which was granted as a conditional marketing authorisation within the meaning of Article 1 of Regulation (EC) No 507/2006 is due to make an application for renewal of the authorisation in accordance with regulation 66B during the period beginning with F290IP completion day and ending on the data submission date.
2
Where this paragraph applies—
a
the holder of the converted EU marketing authorisation must (subject to paragraph 18) submit the baseline data so that it is received by the licensing authority at the same time as the application for renewal is made;
b
the licensing authority must consider the renewal application in accordance with regulation 66B (renewal of conditional marketing authorisation); and
c
the authorisation remains in force until the licensing authority notifies the holder of its decision on the renewal application.
Renewals of converted EU marketing authorisations sought in advance of the data submission date18
1
If a holder of a converted EU marketing authorisation submits an application for renewal in accordance with regulation 66 or 66B before the data submission date, it must, unless sub-paragraph (2) applies, provide to the licensing authority with the application such information concerning the product to which the converted EU marketing authorisation relates as may be specified in writing by the licensing authority for this purpose and published on or before F290IP completion day.
2
If a holder of a converted EU marketing authorisation wishes the licensing authority to consider a renewal application before the data submission date but does not provide the information described in sub-paragraph (1) with the application, the licensing authority may agree to consider the application if it is satisfied that—
a
the renewal may be necessary on urgent safety grounds;
b
the renewal may be necessary in order to maintain supplies of a particular medicinal product to patients in the United Kingdom; or
c
there are other good reasons for considering the renewal in advance of the data submission date.
Article 61(3) notifications made before F290IP completion day in relation to converted EU marketing authorisations19
1
This paragraph applies where, before F290IP completion day—
a
a holder of a converted EU marketing authorisation has, in accordance with Article 61(3) of the 2001 Directive, notified the EMA of a proposed change to an aspect of the labelling or the package leaflet of the EU marketing authorisation to which the converted EU marketing authorisation relates; but
b
the period of 90 days referred to in Article 61(3) has not elapsed and the EMA has not objected to the proposed change.
2
Where this paragraph applies, and where the holder wishes the proposed change to apply in relation to the converted EU marketing authorisation—
a
the holder may put the change into effect in relation to the converted EU marketing authorisation at the same time as it may be put into effect in relation to the EU marketing authorisation;
b
the holder must (subject to paragraph 21) include with the baseline data—
i
a copy of the notification, and
ii
an indication of whether the EMA has opposed the proposed change; and
c
the proposed change to the labelling or the package leaflet of the converted EU marketing authorisation is deemed to be accepted unless the licensing authority notifies the holder in writing within the period of 30 days beginning with the data submission date that the proposed change is opposed, in which case the holder must cease to apply the opposed change immediately after receipt of the notification.
Article 61(3) notifications made in relation to converted EU marketing authorisations after F290IP completion day but before the data submission date20
1
This paragraph applies where, during the period beginning with F290IP completion day and ending on the day before the data submission date, a holder of a converted EU marketing authorisation notifies the EMA in accordance with Article 61(3) of the 2001 Directive of a proposed change to an aspect of the labelling or the package leaflet of the EU marketing authorisation to which the converted EU marketing authorisation relates.
2
Where this paragraph applies, and where the holder wishes the proposed change to apply in relation to the converted EU marketing authorisation—
a
the holder of the converted EU marketing authorisation may put the change into effect at the same time as it may be put into effect in relation to the EU marketing authorisation;
b
the holder must (subject to paragraph 21) include with the baseline data—
i
a copy of the notification, and
ii
an indication of whether the EMA has opposed the proposed change; and
c
the proposed change to the labelling or the package leaflet of the converted EU marketing authorisation is deemed to be accepted unless the licensing authority notifies the holder in writing within the period of 30 days beginning with the data submission date that the proposed change is opposed, in which case the holder must cease to apply the opposed change immediately after receipt of the notification.
Article 61(3) notifications sought in advance of the data submission date21
1
If a holder of a converted EU marketing authorisation wishes to notify the licensing authority of a proposed change to an aspect of the labelling or the package leaflet of the EU marketing authorisation to which the converted EU marketing authorisation relates in advance of the data submission date, the holder must—
a
submit the notification of the proposed change to the licensing authority; and
b
unless sub-paragraph (2) applies, at the same time provide the licensing authority with such information concerning the product to which the converted EU marketing authorisation relates as may be specified in writing by the licensing authority for this purpose and published on or before F290IP completion day.
2
If a holder of a converted EU marketing authorisation wishes the licensing authority to consider a proposed change before the data submission date but does not provide the information described in sub-paragraph (1)(b) with the notification, the licensing authority may agree to consider the notification if it is satisfied that—
a
the proposed change may be necessary on urgent safety grounds;
b
the proposed change may be necessary in order to maintain supplies of a particular medicinal product to patients in the United Kingdom; or
c
there are other good reasons for considering the proposed change in advance of the data submission date.
3
Where the licensing authority considers a proposed change in accordance with this paragraph, the references in paragraph 19(2)(c) and 20(2)(c) to the data submission date are to be read as references to the date on which—
a
the proposed change is notified to the licensing authority in accordance with sub-paragraph (1); or
b
the licensing authority notifies the holder that it will consider the notification, in accordance with sub-paragraph (2), without the information referred to in sub-paragraph (1)(b).
Place of establishment for converted EU marketing authorisation holder established in EEA state before F290IP completion day22
1
Subject to sub-paragraph (2), a person who—
a
holds a converted EU marketing authorisation on F290IP completion day(whether or not it is suspended); and
b
is to be treated, for the transitional period, as satisfying the requirements of regulation 49(3) or 66(2) (as the case may be), notwithstanding the amendments made to those provisions by the EU Exit Regulations.
2
But sub-paragraph (1) continues to apply to a person after the end of the specified period only if the person has, before the end of that period, notified the licensing authority in writing of—
a
a named individual who resides and operates in the United Kingdom who the licensing authority may contact in respect of any matter relating to the converted EU marketing authorisation during the transitional period; and
b
that individual's address, telephone number and email address.
Temporary exemption as to packaging requirements for converted EU marketing authorisations23
1
A holder of a converted EU marketing authorisation does not commit an offence under regulation 268 during the period of F31536 months beginning with F290IP completion day day to the extent that—
a
the packaging and package leaflet do not comply with the requirements of Part 13 by reason only of the fact that the outer or immediate packaging, or the package leaflet, do not include the correct information as to—
i
the name and address of the holder of the UK marketing authorisation, or, where applicable, the name of the holder's representative,
ii
the number of the UK marketing authorisation, or
iii
the name and address of the manufacturer of the product; and
b
the outer and immediate packaging, or the package leaflet, do not include the correct information specified in paragraph (a)(i) to (iii) solely because—
i
the number of the marketing authorisation is the number of the EU marketing authorisation to which the converted EU marketing authorisation relates, or
ii
the UK marketing authorisation holder has established itself in the United Kingdom before the end of the period of F3024 months beginning with F290IP completion day in order to comply with regulation 49(3), and the information specified in paragraph (a)(i) or (iii) is no longer correct as a consequence of that establishment in the United Kingdom.
2
Sub-paragraph (1) only applies if—
a
the packaging and package leaflet met the requirements of Part 13 as to the matters specified in sub-paragraph (1)(a)(i) to (iii) immediately before F290IP completion day; and
b
the holder of the converted EU marketing authorisation, having been notified of the number of the UK marketing authorisation and having established itself in the United Kingdom, does not otherwise need to make any changes to the outer or immediate packaging, or the package leaflet, during the period referred to in sub-paragraph (1).
Referrals made under Article 20 of Regulation (EC) No 726/2004 that have not concluded or been implemented before F290IP completion day24
1
Sub-paragraph (2) applies where—
a
the European Commission has requested the opinion of the EMA in accordance with Article 20(2) of Regulation (EC) No 726/2004 in relation to a specified matter; but
b
no final decision has been adopted by the European Commission in accordance with Article 20(3) of that Regulation immediately before F290IP completion day.
2
Where this sub-paragraph applies, the licensing authority must make a decision in respect of the specified matter in accordance with regulation 68 (revocation, variation and suspension of UK marketing authorisation) as soon as reasonably practicable.
3
In making a decision under regulation 68 in accordance with sub-paragraph (2), the licensing authority must have regard to—
a
any relevant information obtained by it before F290IP completion day in relation to the specified matter as a consequence of its involvement in the procedure under Article 20 of Regulation (EC) No 726/2004;
b
any relevant decision made, or agreement reached, before F290IP completion day, where the United Kingdom participated as a member State in the making of that decision or agreement, under any procedure provided for in the Council Decision of 28 June 1999 laying down the procedure for the exercise of implementing powers conferred on the Commission; and
c
any advice it receives from the appropriate committee pursuant to the procedures in Schedule 11.
4
Sub-paragraph (5) applies if the licensing authority is making a decision under regulation 68 in accordance with sub-paragraph (2) in a case where the Committee for Medicinal Products for Human Use has given a final opinion in relation to the specified matter.
5
Where this sub-paragraph applies, the licensing authority may treat the opinion as if it were the opinion of the appropriate committee for the purposes of paragraph 5 of Schedule 11.
6
Sub-paragraph (7) applies where—
a
the European Commission has requested the opinion of the EMA in accordance with Article 20(2) of Regulation (EC) No 726/2004 in relation to a specified matter;
b
a final decision has been adopted by the European Commission in accordance with Article 20(3) of that Regulation immediately before F290IP completion day; but
c
the necessary steps to give effect to the decision referred to in paragraph (b) have not been taken before F290IP completion day.
7
Where this sub-paragraph applies, the licensing authority must, where a Commission decision or opinion requires steps to be taken in respect of an EU marketing authorisation that is a converted EU marketing authorisation, take the steps necessary as a result of the decision or opinion to suspend, revoke or vary a converted EU marketing authorisation as soon as reasonably practicable.
8
In this paragraph, “specified matter” means a matter in relation to which the opinion of the EMA has been requested by the European Commission under Article 20(2) of Regulation (EC) No 726/2004 before F290IP completion day that might result in the suspension, revocation or variation of an EU marketing authorisation which is a converted EU marketing authorisation.
Enforcement25
If a holder of a converted EU marketing authorisation fails to comply with an obligation imposed on the holder by or under this Part, the licensing authority may suspend the authorisation until the holder complies with the obligation.
PART 4Transitional provision in respect of UK marketing authorisations, parallel import licences and parallel distribution notices
F295Status of certain UK marketing authorisations granted before IP completion day26ZA
1
This paragraph applies in relation to a UK marketing authorisation granted by the licensing authority under Chapter 4 of Title III to the 2001 Directive that was in force immediately before IP completion day.
2
A UK marketing authorisation to which this paragraph applies—
a
has effect on and after IP completion day as a UKMA(UK) granted under regulation 49(1) of these Regulations; and
b
is treated as including a statement that it is in force in the whole United Kingdom for the purposes of regulation 49(1C).
Place of establishment for UK marketing authorisation holder or parallel import licence holder established in an EEA State before F290IP completion day26
1
Subject to sub-paragraphs (2) and (3), any person—
a
who—
i
ii
iii
iv
v
is deemed to hold a parallel import licence under paragraph 28(2); and
b
is to be treated, for the transitional period, as satisfying the requirements of regulation 49(3), 66(2) or 66A(2) (as the case may be), notwithstanding the amendments made to those provisions by the EU Exit Regulations.
2
But sub-paragraph (1) continues to apply to a person F496where the UK marketing authorisation or parallel import licence authorises sale or supply of the medicinal product in Great Britain only if the person has notified the licensing authority in writing of—
a
a named individual who resides and operates in the United Kingdom who the licensing authority may contact in respect of any matter relating to the UK marketing authorisation or parallel import licence, or application for a UK marketing authorisation or parallel import licence (as the case may be), during the transitional period; and
b
that individual's address, telephone number and email address.
3
A person must notify the licensing authority under sub-paragraph (2)—
a
where sub-paragraph (1)(a)(i) to (iii) applies, within the period of 4 weeks beginning with F290IP completion day; or
b
where sub-paragraph (1)(a)(iv) applies, at the time of making the application.
4
This paragraph does not apply to a UK marketing authorisation that is a converted EU marketing authorisation within the meaning of paragraph 6.
Temporary exemption as to packaging requirements: change of place of establishment27
1
Subject to sub-paragraph (2), a person to whom paragraph 26 applies does not commit an offence under regulation 268 (offence relating to packaging and package leaflets F271in Great Britain: holder of authorisation etc) during the transitional period to the extent that—
a
the packaging and package leaflet do not comply with the requirements of Part 13 (packaging and leaflets) by reason only of the fact that the outer or immediate packaging, or the package leaflet (as the case may be), do not include the correct information as to—
i
the name and address of the holder of the UK marketing authorisation, or, where applicable, the name of that holder's representative,
ii
the number of the UK marketing authorisation, or
iii
the name and address of the manufacturer of the product; and
b
the outer and immediate packaging, or the package leaflet, do not include the correct information specified in paragraph (a)(i) to (iii) solely because—
i
ii
the information specified in paragraph (a)(i) to (iii) is no longer correct as a consequence of that establishment in the United Kingdom.
2
Sub-paragraph (1) only applies if—
a
the packaging and package leaflet met the requirements of Part 13 as to the matters specified in paragraph (1)(a)(i) to (iii) immediately before F290IP completion day; and
b
the UK marketing authorisation holder, having established itself in the United Kingdom, does not otherwise need to make any changes to the outer or immediate packaging, or the package leaflet, as the case may be, during the transitional period.
F543Status of parallel import licences granted before IP completion day27A
1
This paragraph applies in relation to a parallel import licence granted by the licensing authority that was in force immediately before IP completion day.
2
A parallel import licence to which this paragraph applies—
a
has effect on and after IP completion day as a parallel import licence in force in the whole United Kingdom granted under regulation 49(1) of these Regulations; and
b
is treated as including a statement that it is in force in the whole United Kingdom for the purposes of regulation 49(1C).
Conversion of parallel distribution notices in to parallel import licences28
1
Sub-paragraph (2) applies where—
a
a person holds a parallel distribution notice, issued by the EMA, for a medicinal product in respect of which there is an EU marketing authorisation;
b
that distribution notice, and that EU marketing authorisation, are in force immediately before F290IP completion day; and
c
that parallel distribution notice specifies the United Kingdom as a member state of destination in respect of that medicinal product.
2
3
A person who falls within sub-paragraph (1) continues to hold a parallel import licence pursuant to sub-paragraph (2) only if that person notifies the licensing authority—
a
b
of any other information that the licensing authority requests, within such time period as the licensing authority may specify.
4
The licensing authority must as soon as reasonably practicable after receipt of the information specified in sub-paragraph (3), issue a parallel import licence to the holder of the parallel distribution notice.
Inclusion of the batch testing condition in relevant UK marketing authorisations, and batch testing of biological medicinal products in the EEA before F290IP completion day (regulation 60A)29
1
Sub-paragraph (2) applies where—
a
a marketing authorisation was in force before F290IP completion day,
b
that authorisation is in force as a UK marketing authorisation on F290IP completion day (whether or not it is suspended); and
c
that authorisation is for a medicinal product of a type that is specified in regulation 60A(2)(a) to (e) (condition as to the submitting of samples and other information to the appropriate authority).
2
Where this sub-paragraph applies, the UK marketing authorisation is deemed to include the batch testing condition on and after F290IP completion day.
3
Sub-paragraph (4) applies where a holder of a UK marketing authorisation has, before F290IP completion day, submitted to a competent authority of an EEA State samples for testing from a batch of a medicinal product (“the relevant batch”) that—
a
is the subject of that authorisation; and
b
is of a type specified in regulation 60A(2)(a) to (e).
4
Where this sub-paragraph applies, the holder of the UK marketing authorisation is deemed to have satisfied the batch testing condition in respect of the relevant batch if, before F290IP completion day—
a
the competent authority of that EEA State examines the sample from the relevant batch; and
b
that authority declared it to be in conformity with the approved specifications (within the meaning of Article 114 of the 2001 Directive) before F290IP completion day.
5
The appropriate authority—
a
must include each EEA State on the list it publishes under regulation 60A(5) on F290IP completion day; and
b
must not, before the end of the transitional period, exercise its powers under regulation 60A(8) to remove an EEA State from the list it publishes under regulation 60A(5).
6
For the purposes of regulation 60A(9), the appropriate authority must, on F290IP completion day—
a
include Switzerland and Israel in the list it publishes under that paragraph; and
b
include in respect of those countries any conditions or restrictions in the arrangement with those countries that affect the applicability of the batch testing exemption.
7
In this paragraph—
a
b
“the batch testing condition” and “the batch testing exemption” have the same meaning as in regulation 60A.
F1528
This paragraph, with the exception of sub-paragraphs (3) and (4), applies equally to a medicinal product imported into the United Kingdom pursuant to a parallel import licence and accordingly any reference in this paragraph (other than in this sub-paragraph) to—
a
a marketing authorisation or a UK marketing authorisation is to be read as a reference to a parallel import licence for a medicinal product, and
b
the holder of a UK marketing authorisation is to be read as a reference to the holder of a parallel import licence.
F486Application of the batch testing requirement to relevant EU marketing authorisations, and batch testing of biological medicinal products in the EEA before IP completion day (regulation 60B)29A
1
Sub-paragraph (2) applies where—
a
an EU marketing authorisation was in force before IP completion day,
b
that authorisation is in force on IP completion day (whether or not it is suspended); and
c
that authorisation is for a medicinal product of a type that is specified in regulation 60B(2) (requirement to submit samples and other information to the appropriate authority).
2
Where this sub-paragraph applies, the EU marketing authorisation is deemed to be subject to the batch testing requirement in regulation 60B on and after IP completion day.
3
Sub-paragraph (4) applies where a holder of an EU marketing authorisation has, before IP completion day, submitted to a competent authority of an EEA State samples for testing from a batch of a medicinal product (“the relevant batch”) that—
a
is the subject of that authorisation; and
b
is of a type specified in regulation 60B(2).
4
Where this sub-paragraph applies, the holder of the EU marketing authorisation is deemed to have satisfied the batch testing requirement in regulation 60B in respect of the relevant batch if, before IP completion day—
a
the competent authority of that EEA State examines the sample from the relevant batch; and
b
that authority declared it to be in conformity with the approved specifications (within the meaning of Article 114 of the 2001 Directive) before IP completion day.
5
Sub-paragraphs (5) and (6) of paragraph 29 apply in relation to the appropriate authority’s management of the list published under regulation 60A(5) for the purposes of this paragraph and regulation 60B.
Existing data and marketing exclusivity and global marketing authorisations30
1
Sub-paragraph (2) applies in relation to a UK marketing authorisation which, immediately before F290IP completion day, is part of a global marketing authorisation with one or more EU marketing authorisations or marketing authorisations granted by the competent authority of an EEA state.
2
Where this sub-paragraph applies, the provisions of regulation 48(5) (definitions for Part 5), in so far as they describe a global marketing authorisation by reference to UK marketing authorisations only, do not affect the periods of data and marketing exclusivity to which the holder of a UK marketing authorisation to which this paragraph applies is entitled immediately before F290IP completion day.
Applications for EU marketing authorisations made before F290IP completion day31
1
Sub-paragraph (2) applies where, before F290IP completion day—
a
an application has been made to the EMA for an EU marketing authorisation; but
b
no final decision has been made by the European Commission in relation to the grant of an EU marketing authorisation under Article 10 of Regulation (EC) No 726/2004.
2
Where this sub-paragraph applies, the applicant may apply to the licensing authority for the grant of a UK marketing authorisation by submitting to the licensing authority—
a
a copy of the application for the EU marketing authorisation; and
b
if requested by the licensing authority, such material or information that the licensing authority reasonably considers necessary for dealing with the application.
3
Sub-paragraph (4) applies where, before F290IP completion day and in relation to an application to which sub-paragraph (2) applies, a final opinion favourable to the granting of an EU marketing authorisation has been given by the Committee for Medicinal Products for Human Use and the United Kingdom concurred with that opinion.
4
Where this sub-paragraph applies, the licensing authority must grant a UK marketing authorisation in response to an application as described in sub-paragraph (2) as soon as reasonably practicable after it is received.
5
Sub-paragraph (6) applies where before F290IP completion day, in relation to an application to which sub-paragraph (2) applies—
a
no final opinion favourable to the granting of an EU marketing authorisation has been given by the Committee for Medicinal Products for Human Use; or
b
such an opinion has been given but the United Kingdom recorded a divergent opinion.
6
Where this sub-paragraph applies, the licensing authority must consider an application made under sub-paragraph (2) in accordance with Part 5 of these Regulations (marketing authorisations).
Place of establishment for UK marketing authorisation holder established in EEA state before F290IP completion day (pre-exit EU marketing authorisation applications)32
1
Subject to sub-paragraph (2), a person—
a
who applied to the EMA for an EU marketing authorisation before F290IP completion day;
b
to whom the licensing authority grants a UK marketing authorisation on or after F290IP completion day in response to that application in accordance with paragraph 31; and
c
is to be treated, for the transitional period, as satisfying the requirements of regulation 49(3), notwithstanding the amendments made to those provisions by the EU Exit Regulations.
2
Sub-paragraph (1) applies to a person only if, when submitting a copy of the application for the EU marketing authorisation to the licensing authority in accordance with paragraph 31, the person notifies the licensing authority in writing of—
a
a named individual who resides and operates in the United Kingdom whom the licensing authority may contact in respect of any matter relating to the UK marketing authorisation during the transitional period; and
b
that individual's address, telephone number and email address.
Packaging in relation to UK marketing authorisations granted in response to application for EU marketing authorisation made before F290IP completion day33
1
Subject to sub-paragraph (2), a person to whom paragraph 32(1) applies does not commit an offence under regulation 268 (offence relating to packaging and package leafletsF271in Great Britain: holder of authorisation etc) during the transitional period to the extent that—
a
the packaging and package leaflet do not comply with the requirements of Part 13 (packaging and leaflets) by reason only of the fact that the outer or immediate packaging, or the package leaflet, do not include the correct information as to—
i
the name and address of the holder of the marketing authorisation, or, where applicable, the name of the holder's representative,
ii
the number of the marketing authorisation, or
iii
the name and address of the manufacturer of the product; and
b
the outer and immediate packaging, or the package leaflet, do not include the correct information specified in paragraph (a)(i) to (iii) solely because—
i
the number of the marketing authorisation is the number of the EU marketing authorisation to which the application for the EU marketing authorisation related, or
ii
the UK marketing authorisation holder has established itself in the United Kingdom before the end of the period of F3024 months beginning with F290IP completion day in order to comply with regulation 49(3), and the information specified in paragraph (a)(i) or (iii) is no longer correct as a consequence of that establishment in the United Kingdom.
2
Sub-paragraph (1) only applies if—
a
the packaging and package leaflet met the requirements of Part 13 as to the matters specified in sub-paragraph (1)(a)(i) to (iii) immediately before F290IP completion day; and
b
the UK marketing authorisation holder, being aware of the number of the UK marketing authorisation and having established in the United Kingdom, does not otherwise need to make any changes to the outer or immediate packaging, or the package leaflet, as the case may be, during the transitional period.
Applications made for a UK marketing authorisation before F290IP completion day to which Chapter 4 of Title III of the 2001 Directive applied34
1
Sub-paragraph (2) applies where an application for a UK marketing authorisation has been made before F290IP completion day and—
a
regulation 58(6) and (7) of the 2012 Regulations (applications to be determined under Chapter 4 of Title III of the 2001 Directive) applied to that application before F290IP completion day; but
b
a decision as specified in Article 28(5) of the 2001 Directive has not been adopted by the licensing authority before F290IP completion day.
2
Where this sub-paragraph applies, the licensing authority must—
a
where the procedure specified in Article 28(4) of the 2001 Directive has concluded before F290IP completion day in relation to that application, grant a UK marketing authorisation in respect of that application as soon as reasonably practicable, and in any event before the end of the period of 30 days, beginning with F290IP completion day; or
b
where the procedure specified in Article 28(4) of the 2001 Directive has not concluded before F290IP completion day, determine that application in accordance with Part 5 of these Regulations (marketing authorisations) as soon as reasonably practicable, unless the applicant notifies the licensing authority in writing that they no longer want the application to proceed.
3
In making a determination under sub-paragraph (2)(b), the licensing authority must have regard to—
a
any relevant information obtained by it before F290IP completion day in relation to the application as a consequence of its involvement in any procedure provided for in Chapter 4 of Title III of the 2001 Directive;
b
any relevant decision made, or agreement reached, before F290IP completion day, where the United Kingdom participated as a reference member state or concerned member state in the making of that decision or agreement, under any procedure provided for in Chapter 4 of Title III of the 2001 Directive; and
c
any advice it receives from the appropriate committee pursuant to the procedures in Schedule 11 (advice and representations).
4
In making a determination under sub-paragraph (2)(b), the licensing authority must take all reasonable steps to ensure that it makes a decision to grant or refuse a UK marketing authorisation in the time period specified in regulation 58(1) (consideration of application) as if it had applied to that application on the date on which the application was submitted.
Transitional provision in respect of Plasma Master Files35
1
This paragraph applies in relation to a UK marketing authorisation or EU marketing authorisation—
a
which was granted before F290IP completion day;
b
the application for which made reference to a Plasma Master File within the meaning of paragraph 1.1(a), first indent, of Part III of Annex I to the 2001 Directive which was certified by the EMA in accordance with paragraph 1.1(c) of that Part of the Annex; and
c
which remains in force as a UK marketing authorisation on and after F290IP completion day.
2
A holder of the UK marketing authorisation to which this paragraph applies may, subject to complying with the obligations in sub-paragraph (3), continue to refer to the Plasma Master File as certified by the EMA, notwithstanding the modifications to paragraph 1.1(c) of Part III of Annex I to the 2001 Directive in Schedule 8B, subject which that paragraph is to be read on and after F290IP completion day.
3
The holder of a UK marketing authorisation to which this paragraph applies must notify the licensing authority of—
a
the outcome of the annual update and recertification of the Plasma Master File by the EMA within 4 weeks beginning with the completion of that update and recertification;
b
any application for changes to the terms of the Plasma Master File which the holder seeks from the EMA, within 4 weeks beginning with the date of the application; and
c
the outcome of any application referred to in paragraph (b), within 4 weeks beginning with the date on which the holder is notified of that outcome.
4
The licensing authority may at any time review the terms of a Plasma Master File to which reference is made in accordance with sub-paragraph (2), with a view to exercising its powers under these Regulations in relation to the UK marketing authorisation.
Suspensions of UK marketing authorisations that have effect immediately before F290IP completion day that were imposed under Chapter 4 of Title III of the 2001 Directive or Regulation (EC) No 726/200436
Where, immediately before F290IP completion day, a marketing authorisation, which is a UK marketing authorisation on F290IP completion day, has been suspended pursuant to the procedures in Chapter IV of Title III of 2001 Directive or Regulation (EC) No 726/2004, the suspension—
a
continues to have effect on and after F290IP completion day in accordance with the terms on which it was imposed; and
b
is to be treated as if it had been imposed by the licensing authority under Part 5 (marketing authorisations).
Referrals made under Article 31 of the 2001 Directive concerning the suspension, variation or revocation of an EU marketing authorisation or a UK marketing authorisation that have not concluded before F290IP completion day37
1
Sub-paragraph (2) applies where—
a
a specified matter has been referred under Article 31 of the 2001 Directive before F290IP completion day; but
b
that procedure has not concluded before F290IP completion day.
2
Where this sub-paragraph applies, the licensing authority must make a decision in respect of the specified matter in accordance with regulation 68 (revocation, variation and suspension of UK marketing authorisation) as soon as reasonably practicable.
3
In making a decision under regulation 68 in accordance with sub-paragraph (2), the licensing authority must have regard to—
a
any relevant information obtained by it before F290IP completion day in relation to the specified matter as a consequence of its involvement in any procedure provided for in Chapter 4 of Title III of the 2001 Directive;
b
any relevant decision made, or agreement reached, before F290IP completion day, where the United Kingdom participated as a member state in the making of that decision or agreement, under any procedure provided for in Chapter 4 of Title III of the 2001 Directive; and
c
any advice it receives from the appropriate committee pursuant to the procedures in Schedule 11.
4
Sub-paragraph (5) applies if the licensing authority is making a decision under regulation 68 in accordance with sub-paragraph (2) in a case where the Committee for Medicinal Products for Human Use or the Co-ordination Group for Mutual Recognition and Decentralised Procedures (as the case may be) has given a final opinion in relation to the matter referred under Article 31 of the 2001 Directive.
5
Where this sub-paragraph applies, the licensing authority may treat the opinion as if it were the opinion of the appropriate committee for the purposes of paragraph 5 of Schedule 11 (advice and representations).
6
Sub-paragraph (7) applies where—
a
a specified matter has been referred under Article 31 of the 2001 Directive before F290IP completion day;
b
that referral has concluded before F290IP completion day; but
c
the licensing authority has not, before F290IP completion day, taken the steps necessary to give effect to that decision or that opinion (as the case may be).
7
Where this sub-paragraph applies, the licensing authority must take the steps necessary as a result of the decision or opinion to suspend, revoke or vary the UK marketing authorisation—
a
as soon as reasonably practicable; and
b
in the case of a UK marketing authorisation that is not a converted EU marketing authorisation, within the period specified in Article 34(3) of the 2001 Directive (if relevant).
8
In this paragraph—
“concluded before F290IP completion day”, in relation to an Article 31 referral, means—
- a
a Commission decision as provided for in Article 34(3) of the 2001 Directive has been taken before F290IP completion day; or
- b
an opinion of the Co-ordination Group for Mutual Recognition and Decentralised Procedures, which constituted the end of the Article 31 referral procedure, has been given before F290IP completion day; and
“specified matter” means—
- a
a matter referred under Article 31 of the 2001 Directive before F290IP completion day that concerns a proposal to suspend, revoke or otherwise vary a UK marketing authorisation or an EU marketing authorisation; but
- b
does not include a referral made under Article 107i of the 2001 Directive.
PART 5Transitional provision in relation to variations of marketing authorisations other than converted EU marketing authorisations
Application or notification made before F290IP completion day in respect of a variation under Chapter IIa of Regulation (EC) No 1234/2008 (variations to purely national marketing authorisations)38
1
Sub-paragraph (2) applies where—
a
an application or notification in respect of a variation to a UK marketing authorisation has been submitted to the licensing authority under Chapter IIa of Regulation (EC) No 1234/2008 before F290IP completion day; but
b
the procedures specified in Article 13e of that Regulation (measures to close the variation procedures in Chapter IIa of that Regulation) have not concluded before F290IP completion day.
2
Where this sub-paragraph applies, the licensing authority must—
a
determine which of the provisions specified in Schedule 10A that are relevant to that application or notification need to be taken on or after F290IP completion day, having regard to the steps that have already been undertaken under Chapter IIa of Regulation (EC) No 1234/2008 before F290IP completion day;
b
assess the application or notification in accordance with the provisions of that Schedule the authority has determined are relevant to the application, as if the application or notification had been made under them; and
c
take all reasonable steps to ensure that it assesses the notification or application in accordance with any relevant time period specified in that Schedule, as if the application had been made under the provisions in that Schedule before F290IP completion day.
3
Paragraphs 15 and 16 of Schedule 10A apply to any variation that falls under sub-paragraph (1)(a) or (b).
Application or notification made before F290IP completion day in respect of a variation under Chapter II of Regulation (EC) No 1234/2008 (variations to marketing authorisations granted in accordance with Chapter 4 of the 2001 Directive)39
1
This paragraph applies where an application or notification in respect of a variation to a marketing authorisation has been submitted to the licensing authority, as a relevant authority, under Chapter II of Regulation (EC) No 1234/2008 before F290IP completion day.
2
If the procedures specified in Article 11(1) of Regulation (EC) No 1234/2008 have not concluded before F290IP completion day, the licensing authority must—
a
assess the application or notification in accordance with regulation 65C and Schedule 10A to these Regulations, as if the application or notification had been made under those provisions; and
b
make such an assessment having regard to the matters specified in sub-paragraph (5).
3
If the procedures specified in Article 11(1) of Regulation (EC) No 1234/2008 have concluded before F290IP completion day—
a
the licensing authority must take the steps specified in Article 11(2) of Regulation (EC) No 1234/2008 within the time limit specified in Article 23(1) of that Regulation; and
b
paragraphs 15 and 16 of Schedule 10A apply to the variation.
4
In making a determination under sub-paragraph (2), the licensing authority must—
a
determine which steps of the procedures specified in Schedule 10A that are relevant to that application or notification need to be taken on or after F290IP completion day, having regard to the matters specified in sub-paragraph (5); and
b
take all reasonable steps to ensure that it assesses the notification or application in accordance with any time period specified in that Schedule, as if the application had been made under the provisions in that Schedule before F290IP completion day.
5
In making a determination under sub-paragraph (2), the licensing authority must have regard to—
a
any recommendation in relation to that application or notification given before F290IP completion day pursuant to Article 5 of Regulation (EC) No 1234/2008;
b
any relevant information obtained by it before F290IP completion day, as a relevant authority, in relation to the application or notification by virtue of any procedure provided for in Chapter II of that Regulation; and
c
any relevant decision made, or agreement reached, before F290IP completion day, where the United Kingdom participated as a relevant authority, including any matter referred under the procedure specified in Article 13 of that Regulation.
Application or notification in respect of a variations made before F290IP completion day under Article 20 of Regulation (EC) No 1234/2008 (work-sharing procedure)40
1
Sub-paragraph (2) applies where—
a
an application or notification in respect of a variation to a UK marketing authorisation has been submitted to the licensing authority, as a relevant authority or the reference authority, under Article 20 of Regulation (EC) No 1234/2008;
b
the marketing authorisation is one to which Chapter II or IIa of that Regulation applied; and
c
the procedure in Article 20(8) has not been completed before F290IP completion day.
2
Where this sub-paragraph applies, the licensing authority must—
a
determine which of the provisions specified in Schedule 10A that are relevant to that application or notification need to be taken on or after F290IP completion day, having regard to the steps that have already been undertaken under Article 20 of Regulation (EC) No 1234/2008 before F290IP completion day;
b
assess the application or notification in accordance with the relevant provisions in that Schedule, as if the application or notification had been made under them; and
c
take all reasonable steps to ensure that it assesses the notification or application in accordance with any relevant time period specified in that Schedule, as if the application had been made under the provisions in that Schedule before F290IP completion day.
3
In making a determination or assessment under sub-paragraph (2), the licensing authority must have regard to—
a
any opinion given by the reference authority before F290IP completion day in relation to that application;
b
any relevant information obtained by it before F290IP completion day, as a reference authority or relevant authority, in relation to the application or notification by virtue of any procedure provided for in regulation 20 of Regulation (EC) No 1234/2008; and
c
any relevant decision made, or agreement reached, before F290IP completion day, where the United Kingdom participated as a relevant authority.
4
Paragraphs 15 and 16 of Schedule 10A apply to any variation that falls under sub-paragraph (1).
PART 6Transitional provision in relation to the Paediatric Regulation
Transitional provision in relation to applications made to EMA before F290IP completion day under the Paediatric Regulation41
1
Where a paediatric investigation plan has been agreed by the EMA in accordance with the Paediatric Regulation before F290IP completion day, that plan, including any modifications agreed by the EMA before F290IP completion day, has effect on and after F290IP completion day as an agreed paediatric investigation plan.
2
Sub-paragraph (3) applies where—
a
a paediatric investigation plan has been submitted to the EMA with a request for agreement before F290IP completion day;
b
the proposed paediatric plan is valid in accordance with the provisions of Article 15(2) of the Paediatric Regulation; but
c
the EMA has not adopted a decision to agree the plan before F290IP completion day.
3
Where this sub-paragraph applies, the licensing authority must—
a
b
c
where before F290IP completion day no opinion in relation to the paediatric investigation plan has been given by the Paediatric CommitteeF447... treat it as a request for agreement under regulation 50B(1) and determine that request as soon as reasonably practicable, unless the applicant notifies the licensing authority in writing that they do not want the application to proceed as a request for agreement of a paediatric investigation plan under these Regulations.
4
Sub-paragraph (5) applies where—
a
a paediatric investigation plan has been agreed by the EMA in accordance with the Paediatric Regulation before F290IP completion day;
b
the person to whom the EMA's decision to agree the plan was addressed has, before F290IP completion day, made a proposal under Article 22 of the Paediatric Regulation to modify the plan, or to request a waiver; but
c
the EMA has not adopted a decision to agree to the modification or waiver before F290IP completion day.
5
Where this sub-paragraph applies, the licensing authority must—
a
b
c
where before F290IP completion day no opinion in relation to the modification or waiver has been given by the Paediatric CommitteeF447... treat the proposal as one made under regulation 50B(6) and consider it accordingly, unless the applicant notifies the licensing authority in writing that they do not want the proposal to proceed as a proposal under regulation 50B(6).
6
Where the EMA has adopted a decision to grant, and has not revoked, a waiver of the obligation to produce the information in Article 7(1)(a) of the Paediatric Regulation before F290IP completion day, that waiver has effect on and after F290IP completion day as a waiver granted by the licensing authority under regulation 50D (waiver of production of information in a paediatric investigation plan).
7
Sub-paragraph (8) applies where—
a
an application has been made to the EMA for a waiver of the obligation to produce the information in Article 7(1)(a) of the Paediatric Regulation before F290IP completion day;
b
the application has been accepted as valid by the EMA; but
c
the EMA has not adopted a decision to grant the waiver before F290IP completion day.
8
Where this sub-paragraph applies, the licensing authority must—
a
b
c
where before F290IP completion day no opinion in relation to the waiver has been given by the Paediatric CommitteeF447... treat the proposal as one made under regulation 50D and consider it accordingly, unless the applicant notifies the licensing authority in writing that they do not want the proposal to proceed as a proposal under regulation 50D.
F190Transitional provision in relation to global marketing authorisations under the 2001 Directive41A
Where a relevant medicinal product is subject to a global marketing authorisation as described in Article 6 of the 2001 Directive before IP completion day, a paediatric investigation plan does not need to be carried out in relation to that product.
PART 7Transitional provision in relation to orphan medicinal products
F38...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 8Transitional provision in respect of homoeopathic medicinal products
List of countries for the purposes of the definition of “homoeopathic medicinal product” on F290IP completion day43
1
For the purposes of the definition of “homoeopathic medicinal product” in regulation 8 (general interpretation: accepted Pharmacopoeias for homoeopathic manufacturing procedures), during the transitional period, the licensing authority must publish a list of countries that includes each EEA State in it.
2
The licensing authority must not, before the end of the transitional period, remove an EEA State from the list described in sub-paragraph (1).
3
In this paragraph, “the transitional period” is the period of two years beginning with F290IP completion day.
Place of establishment for holders of certificates of registration established in EEA before F290IP completion day44
1
Subject to sub-paragraph (2), any person—
a
who—
i
ii
has made an application for, or to renew, a certificate of registration before F290IP completion day, which has not been determined by the licensing authority before that date, or
iii
makes such an application on or after F290IP completion day but before the end of the transitional period; and
b
who was, immediately before F290IP completion day, established in an EEA State and who remains there on and after that day,
is to be treated, for the transitional period, as satisfying the requirements of regulation 103(4) or 108(2) (as the case may be), notwithstanding the amendments made to those provisions by the EU Exit Regulations.
2
But sub-paragraph (1) continues to apply to a person F269, in relation to a certificate of registration in force in Great Britain, only if the person has notified the licensing authority in writing of—
a
a named individual who resides and operates in the United Kingdom who the licensing authority may contact in respect of any matter relating to the certificate of registration, or application for a certificate of registration, during the transitional period; and
b
that individual's address, telephone number and email address.
3
A person must notify the licensing authority under sub-paragraph (2)—
a
where sub-paragraph (1)(a)(i) or (ii) applies, within the period of 4 weeks beginning with F290IP completion day; or
b
where sub-paragraph (1)(a)(iii) applies, at the time of making the application.
Temporary exemption as to packaging requirements: change of place of establishment45
1
Subject to sub-paragraph (2), a person to whom paragraph 44 applies does not commit an offence under regulation 268 (offence relating to packaging and package leaflets F271in Great Britain) during the transitional period in relation to a product to the extent that—
a
the packaging and package leaflet do not comply with the requirements of Part 13 (packaging and leaflets) by reason only of the fact that the outer or immediate packaging, or the package leaflet (as the case may be), do not include the correct information as to—
i
the name and address of the holder of the certificate of registration,
ii
the number of the certificate of registration, or
iii
the name and address of the manufacturer of the product if different from the holder of the certificate of registration; and
b
the outer and immediate packaging, or the package leaflet, do not include the correct information specified in paragraph (a)(i) to (iii) solely because—
i
ii
the information specified in paragraph (a)(i) to (iii) is no longer correct as a consequence of that establishment in the United Kingdom.
2
Sub-paragraph (1) only applies if—
a
the packaging and package leaflet met the requirements of Part 13 as to the matters specified in sub-paragraph (1)(a)(i) to (iii) immediately before F290IP completion day; and
b
the certificate of registration holder, having established itself in the United Kingdom, does not otherwise need to make any changes to the outer or immediate packaging, or the package leaflet, as the case may be, during the transitional period.
Applications made for a certificate of registration for a registrable homoeopathic product before F290IP completion day to which Chapter 4 of Title III of the 2001 Directive applied46
1
Sub-paragraph (2) applies where an application for a certificate of registration has been made before F290IP completion day and—
a
regulation 104(5) and (6) (applications to be determined under Chapter 4 of Title III of the 2001 Directive) applied to that application before F290IP completion day; but
b
a decision as specified in Article 28(5) of the 2001 Directive has not been adopted by the licensing authority before F290IP completion day.
2
Where this sub-paragraph applies, the licensing authority must—
a
where the procedure specified in Article 28(4) of the 2001 Directive has concluded before F290IP completion day in relation to that application, grant a certificate of registration in respect of that application as soon as reasonably practicable, and in any event before the end of the period of 30 days, beginning with F290IP completion day; or
b
where the procedure specified in Article 28(4) of the 2001 Directive has not concluded before F290IP completion day, determine that application in accordance with Part 6 of these Regulations as soon as reasonably practicable, unless the applicant notifies the licensing authority in writing that they no longer want the application to proceed.
3
In making a determination under sub-paragraph (2)(b), the licensing authority must have regard to—
a
any relevant information obtained by it before F290IP completion day in relation to the application as a consequence of its involvement in any procedure provided for in Chapter 4 of Title III of the 2001 Directive; and
b
any relevant decision made, or agreement reached, before F290IP completion day, where the United Kingdom participated as a reference member state or concerned member state in the making of that decision or agreement, under any procedure provided for in Chapter 4 of Title III of the 2001 Directive.
4
In making a determination under sub-paragraph (2)(b), the licensing authority must take all reasonable steps to ensure that it makes a decision to grant or refuse a certificate of registration in the time period specified in regulation 104(1) as if it had applied to that application on the date on which the application was submitted.
Suspensions of certificates of registration that have effect immediately before F290IP completion day that were imposed under Chapter 4 of Title III of the 2001 Directive47
Where, immediately before F290IP completion day, a certificate of registration has been suspended pursuant to the procedures in Chapter IV of Title III of 2001 Directive, the suspension—
a
continues to have effect on and after F290IP completion day in accordance with the terms on which it was imposed; and
b
is to be treated as if it had been imposed by the licensing authority under Part 6 of these Regulations (certification of homoeopathic medicinal products).
Referrals made under Article 31 of the 2001 Directive concerning the suspension, variation or revocation of a certificate of registration that have not concluded before F290IP completion day48
1
Sub-paragraph (2) applies where—
a
a specified matter has been referred under Article 31 of the 2001 Directive before F290IP completion day; but
b
the procedure has not concluded before F290IP completion day.
2
Where this sub-paragraph applies, the licensing authority must make a decision in respect of the specified matter in accordance with regulation 110 (revocation, variation and suspension of certificate of registration) as soon as reasonably practicable.
3
In making a decision under regulation 110 in accordance with sub-paragraph (2), the licensing authority must have regard to—
a
any relevant information obtained by it before F290IP completion day in relation to the specified matter as a consequence of its involvement in any procedure provided for in Chapter 4 of Title III of the 2001 Directive;
b
any relevant decision made, or agreement reached, before F290IP completion day, where the United Kingdom participated as a member state in the making of that decision or agreement, under any procedure provided for in Chapter 4 of Title III of the 2001 Directive;
c
any advice it receives from the appropriate committee pursuant to the procedures in Schedule 11 (advice and representations).
4
Sub-paragraph (5) applies if the licensing authority is making a decision under regulation 110 in accordance with sub-paragraph (2) in a case where the Co-ordination Group for Mutual Recognition and Decentralised procedures has given an opinion in relation to the matter under Article 31 of the Directive.
5
Where this sub-paragraph applies, the licensing authority may treat the opinion as if it were the opinion of the appropriate committee for the purposes of paragraph 5 of Schedule 11.
6
Sub-paragraph (7) applies where—
a
a specified matter has been referred under Article 31 of the 2001 Directive before F290IP completion day;
b
the referral has concluded before F290IP completion day; but
c
the licensing authority has not, before F290IP completion day, taken the steps necessary to give effect to that decision or that opinion (as the case may be).
7
The licensing authority must take the steps necessary as a result of the decision or opinion to suspend, revoke or vary the certificate of registration within the time period specified in Article 34(3) of the 2001 Directive where the decision or opinion requires steps to be taken in relation to a certificate of registration.
8
In this paragraph—
“concluded before F290IP completion day”, in relation to an Article 31 referral, means—
- a
a Commission decision as provided for in Article 34(3) of the 2001 Directive has been taken before F290IP completion day; or
- b
an opinion of the Co-ordination Group for Mutual Recognition and Decentralised Procedures, which constituted the end of the Article 31 referral procedure, has been given before F290IP completion day;
“specified matter” means—
- a
a matter referred under Article 31 of the 2001 Directive before F290IP completion day that concerns a proposal to suspend, revoke or otherwise vary a certificate of registration; but
- b
does not include a referral made under Article 107i of the 2001 Directive.
PART 9Transitional provision in respect of traditional herbal registrations
Place of establishment for holders of traditional herbal registrations established in EEA before F290IP completion day49
1
Subject to sub-paragraph (2), any person—
a
who—
i
ii
has made an application for, or to renew, a traditional herbal registration before F290IP completion day, which has not been determined by the licensing authority before that date, or
iii
makes such an application on or after F290IP completion day but before the end of the transitional period; and
b
who was, immediately before F290IP completion day, established in an EEA State and who remains there on and after that day,
is to be treated, for the transitional period, as satisfying the requirements of regulation 127(3) or 133(2) (as the case may be), notwithstanding the amendments made to those provisions by the EU Exit Regulations.
2
But sub-paragraph (1) continues to apply to a person F469, only in relation to a registration in force in Great Britain, and only if the person notifies the licensing authority in writing of—
a
a named individual who resides and operates in the United Kingdom who the licensing authority may contact in respect of any matter relating to the traditional herbal registration, or application for a traditional herbal registration, during the transitional period; and
b
that individual's address, telephone number and email address.
3
A person must notify the licensing authority under sub-paragraph (2)—
a
where sub-paragraph (1)(a)(i) or (ii) applies, within the period of 4 weeks beginning with F290IP completion day; or
b
where sub-paragraph (1)(a)(iii) applies, at the time of making the application.
Temporary exemption as to packaging requirements: change of place of establishment50
1
Subject to sub-paragraph (2), a person to whom paragraph 49 applies does not commit an offence under regulation 268 (offence relating to packaging and package leafletsF271in Great Britain) during the transitional period in relation to a product to the extent that—
a
the packaging and package leaflet do not comply with the requirements of Part 13 (packaging and leaflets) by reason only of the fact that the outer or immediate packaging, or the package leaflet (as the case may be), do not include the correct information as to—
i
the name and address of the holder of the traditional herbal registration, or, if applicable, the holder's representative,
ii
the number of the traditional herbal registration, or
iii
the name and address of the manufacturer of the product; and
b
the outer and immediate packaging, or the package leaflet, do not include the correct information specified in paragraph (a)(i) to (iii) solely because—
i
ii
the information specified in paragraph (a)(i) to (iii) is no longer correct as a consequence of that establishment in the United Kingdom.
2
Sub-paragraph (1) only applies if—
a
the packaging and package leaflet met the requirements of Part 13 as to the matters specified in sub-paragraph (1)(a)(i) to (iii) immediately before F290IP completion day; and
b
the holder of the traditional herbal registration, having established itself in the United Kingdom, does not otherwise need to make any changes to the outer or immediate packaging, or the package leaflet, as the case may be, during the transitional period.
List of approved countries for traditional use of a herbal medicinal product on F290IP completion day51
1
For the purpose of regulation 125A (list of approved countries for traditional use of a herbal medicinal product), the licensing authority must, for the transitional period, include each EEA State in the list it publishes under regulation 125A(1).
2
The licensing authority must not, before the end of the transitional period, exercise its power under regulation 125A(3) to remove an EEA State from the list.
3
In this paragraph, the transitional period is two years beginning with F290IP completion day.
Applications made for a traditional herbal registration before F290IP completion day to which Chapter 4 of Title III of the 2001 Directive applied52
1
Sub-paragraph (2) applies where an application for a traditional herbal registration F206to be in force in Great Britain only has been made before F290IP completion day and—
a
regulation 130(12) and (13) (applications to be determined under Chapter 4 of Title III of the 2001 Directive) applied to that application before F290IP completion day; but
b
a decision as specified in Article 28(5) of the 2001 Directive has not been adopted by the licensing authority before F290IP completion day.
2
Where this sub-paragraph applies, the licensing authority must—
a
where the procedure specified in Article 28(4) of the 2001 Directive has concluded before F290IP completion day in relation to that application, grant a traditional herbal registration in respect of that application as soon as reasonably practicable, and in any event before the end of the period of 30 days, beginning with F290IP completion day; or
b
where the procedure specified in Article 28(4) of the 2001 Directive has not concluded before F290IP completion day, determine that application in accordance with Part 7 of these Regulations as soon as reasonably practicable, unless the applicant notifies the licensing authority in writing that they no longer want the application to proceed.
3
In making a determination under sub-paragraph (2)(b), the licensing authority must have regard to—
a
any relevant information obtained by it before F290IP completion day in relation to the application as a consequence of its involvement in any procedure provided for in Chapter 4 of Title III of the 2001 Directive;
b
any relevant decision made, or agreement reached, before F290IP completion day, where the United Kingdom participated as a reference member state or concerned member state in the making of that decision or agreement, under any procedure provided for in Chapter 4 of Title III of the 2001 Directive;
c
any advice it receives from the appropriate committee pursuant to the procedures in Schedule 11 (advice and representations).
4
In making a determination under sub-paragraph (2)(b), the licensing authority must take all reasonable steps to ensure that it makes a decision to grant or refuse a traditional herbal registration in the time period specified in regulation 130(1) as if it had applied to that application on the date on which the application was submitted.
Suspensions of traditional herbal registrations that have effect immediately before F290IP completion day that were imposed under Chapter 4 of Title III of the 2001 Directive53
Where, immediately before F290IP completion day, a traditional herbal registration F56in force in Great Britain only has been suspended pursuant to the procedures in Chapter IV of Title III of 2001 Directive, the suspension—
a
continues to have effect on and after F290IP completion day in accordance with the terms on which it was imposed; and
b
is to be treated as if it had been imposed by the licensing authority under Part 7 of these Regulations (traditional herbal registrations).
Referrals made under Article 31 of the 2001 Directive concerning the suspension, variation or revocation of a traditional herbal registration that have not concluded before F290IP completion day54
1
Sub-paragraph (2) applies where—
a
a specified matter has been referred under Article 31 of the 2001 Directive before F290IP completion day; but
b
the procedure has not concluded before F290IP completion day.
2
Where this sub-paragraph applies, the licensing authority must make a decision in respect of the specified matter in accordance with regulation 135 (revocation, variation and suspension of traditional herbal registration) as soon as reasonably practicable.
3
In making a decision under regulation 135 in accordance with sub-paragraph (2), the licensing authority must have regard to—
a
any relevant information obtained by it before F290IP completion day in relation to the specified matter as a consequence of its involvement in any procedure provided for in Chapter 4 of Title III of the 2001 Directive;
b
any relevant decision made, or agreement reached, before F290IP completion day, where the United Kingdom participated as a member state in the making of that decision or agreement, under any procedure provided for in Chapter 4 of Title III of the 2001 Directive;
c
any advice it receives from the appropriate committee pursuant to the procedures in Schedule 11 (advice and representations).
4
Sub-paragraph (5) applies if the licensing authority is making a decision under regulation 135 of these Regulations in accordance with sub-paragraph (2) in a case where the Co-ordination Group for Mutual Recognition and Decentralised procedures has given an opinion in relation to the matter under Article 31 of the Directive.
5
Where this sub-paragraph applies, the licensing authority may treat the opinion as if it were the opinion of the appropriate committee for the purposes of paragraph 5 of Schedule 11.
6
Sub-paragraph (7) applies where—
a
a specified matter has been referred under Article 31 of the 2001 Directive before F290IP completion day;
b
the referral has concluded before F290IP completion day; but
c
the licensing authority has not, before F290IP completion day, taken the steps necessary to give effect to that decision or that opinion (as the case may be).
7
Where this sub-paragraph applies, the licensing authority must take the steps necessary as a result of the decision or opinion to suspend, revoke or vary the traditional herbal registration within the time period specified in Article 34(3) of the 2001 Directive where the decision or opinion requires steps to be taken in relation to a traditional herbal registration.
8
In this paragraph—
“concluded before F290IP completion day”, in relation to an Article 31 referral, means—
- a
a Commission decision as provided for in Article 34(3) of the 2001 Directive has been taken before F290IP completion day; or
- b
an opinion of the Co-ordination Group for Mutual Recognition and Decentralised Procedures, which constituted the end of the Article 31 referral procedure, has been given before F290IP completion day; and
“specified matter” means—
- a
a matter referred under Article 31 of the 2001 Directive before F290IP completion day that concerns a proposal to suspend, revoke or otherwise vary a traditional herbal registration; but
- b
does not include a referral made under Article 107i of the 2001 Directive.
Proposals to refer an application for a traditional herbal registration to the Committee for Herbal Medicinal Products and the procedure in Part 3 of Schedule 11 that were on-going at F290IP completion day55
1
This paragraph applies where—
a
b
that application has not been determined in accordance with Part 7 of these Regulations before F290IP completion day.
2
Where the licensing authority has received an opinion of the Committee for Herbal Medicinal Products before F290IP completion day in relation to the application, it must take that decision in to account and determine that application.
3
Where the licensing authority has not received an opinion of the Committee for Herbal Medicinal Products before F290IP completion day, notwithstanding the amendments made to Part 3 of Schedule 11 by the EU Exit Regulations, it may—
a
proceed to determine the application, taking into account any proceedings that took place before F290IP completion day under Part 3 of Schedule 11 (prior to its amendment by the EU Exit Regulations), or any opinion of the Committee on Herbal Medicinal Products in relation to the application that is given on or after F290IP completion day; or
b
it may refer the matter under regulation 130A in order to obtain the findings and advice of the appropriate committee before determining the application.
PART 10Transitional provision in respect of pharmacovigilance
Interpretation of PartF56456
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Temporary exemption as to the location of an appropriately qualified person for pharmacovigilanceF35357
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referrals made under Article 107i of the 2001 Directive concerning the evaluation of data from pharmacovigilance activities which are not concluded before F290IP completion day58
2
Where this sub-paragraph applies, the licensing authority must make a decision in respect of the specified matter in accordance with regulation 68 or 135 (revocation, variation and suspension of F473UKMA(GB) or THR(GB)) as soon as reasonably practicable.
3
In making a decision under regulation 68 or 135 in accordance with sub-paragraph (2), the licensing authority must have regard to—
a
any relevant information obtained by it before F290IP completion day in relation to the specified matter as a consequence of its involvement in any procedure provided for by, or referred to in, Section 4 of Chapter 3 of the 2001 Directive;
b
any relevant decision made, or agreement reached, before F290IP completion day, where the United Kingdom participated as a member state in the making of that decision or agreement, under any procedure provided for by, or referred to in, Section 4 of Chapter 3 of the 2001 Directive; and
c
any advice it receives from the appropriate committee pursuant to the procedures in Schedule 11 (advice and representations).
4
Sub-paragraph (5) applies if the licensing authority is making a decision under regulation 68 or 135 in accordance with sub-paragraph (2) in a case where the Committee for Medicinal Products for Human Use or the Co-ordination Group for Mutual Recognition and Decentralised Procedures (as the case may be) has given a final opinion in relation to the matter.
5
Where this sub-paragraph applies, the licensing authority may treat the opinion as if it were the opinion of the appropriate committee for the purposes of paragraph 5 of Schedule 11 (advice and representations).
6
In making a determination under regulation 68 or 135 in accordance with sub-paragraph (2), the licensing authority may adopt or have regard to any decision made, or agreement reached, in relation to the specified matter under Section 4 of Chapter 3 of the 2001 Directive on or after F290IP completion day, notwithstanding that the United Kingdom did not participate in the making of that decision or agreement.
7
Sub-paragraph (8) applies where—
a
b
that referral has concluded before F290IP completion day; but
c
the licensing authority has not, before F290IP completion day, taken the steps necessary to give effect to that decision or that opinion (as the case may be).
8
Where this sub-paragraph applies, the licensing authority must take the steps necessary as a result of the decision or opinion to suspend, revoke or vary the UK marketing authorisation or traditional herbal registration—
a
as soon as reasonably practicable, and, where relevant, within the time period specified in Article 34(3) of the 2001 Directive where a Commission decision requires steps to be taken in relation to a UK marketing authorisation that is not a converted EU marketing authorisation, or traditional herbal registration; or
b
as soon as reasonably practicable, where a Commission decision or opinion requires steps to be taken in respect of a UK marketing authorisation that is a converted EU marketing authorisation.
9
In this paragraph—
“concluded before F290IP completion day”, in relation to an Article 107i referral, means—
- a
a Commission decision as provided for in Article 107k of the 2001 Directive has been taken before F290IP completion day; or
- b
an opinion of the Co-ordination Group for Mutual Recognition and Decentralised Procedures, which constituted the end of the Article 107i referral procedure in accordance with Article 107k(2), has been given before F290IP completion day;
“specified matter” means a referral made under Article 107i of the 2001 Directive on the basis of concerns resulting from the evaluation of data from pharmacovigilance activities.
Matters on-going at F290IP completion day in respect of periodic safety update reports59
1
Sub-paragraph (2) applies where—
a
b
that periodic safety report is, immediately before F290IP completion day, to be assessed in accordance with the single assessment procedure in Article 107e of the 2001 Directive;
c
the procedure described in Article 107e(3) of the 2001 Directive has been completed before F290IP completion day; but
d
the licensing authority has not yet taken the steps described in regulation 194 before F290IP completion day.
2
Where this sub-paragraph applies, notwithstanding the F303amendment of regulation 194 (responding to a single assessment of PSUR under Article 107e of the 2001 Directive) by the EU Exit Regulations, the licensing authority must take the steps specified in regulation 194 in respect of the F28UKMA(GB) or THR(GB) as soon as reasonably practicable.
3
Sub-paragraph (4) applies where—
a
b
that periodic safety report is, immediately before F290IP completion day, to be assessed in accordance with the single assessment procedure in Article 107e of the 2001 Directive; and
c
the procedure described in Article 107e(3) of the 2001 Directive has not been completed before F290IP completion day.
4
Where this sub-paragraph applies, the licensing authority—
a
may notify a holder falling within sub-paragraph (3)(a) of the need to provide to it such further information that the licensing authority specifies; and
b
must, subject to sub-paragraph (5), assess the periodic safety update report in accordance with regulation 195 (obligations on licensing authority to assess PSURs) (as amended by the EU Exit Regulations) as soon as reasonably practicable.
5
Information required under sub-paragraph (4)(a) must be provided before the end of whatever period the licensing authority may specify.
6
In making a determination under regulation 195, where sub-paragraph (4) applies, the licensing authority may adopt or have regard to—
a
any relevant information obtained by it before F290IP completion day in relation to the periodic safety report and the assessment of that report as a consequence of its involvement in any procedure provided for in Section 2 of Chapter III of the 2001 Directive;
b
any relevant decision made, or agreement reached, in relation to the periodic safety update report or its assessment before F290IP completion day, where the United Kingdom participated as a member state in the making of that decision or agreement, under any procedure provided for in Section 2 of Chapter III of the 2001 Directive;
c
any decision made, or agreement reached, in relation to that marketing authorisation or certificate of registration under Section 2 of Chapter III of the 2001 Directive on or after F290IP completion day, notwithstanding that the United Kingdom did not participate in the making of that decision or agreement.
Matters on-going at F290IP completion day in relation to draft study protocols under Article 107n and 107o of the 2001 Directive (submission of, and amendment to, draft study protocols for required studies)60
1
Where the Pharmacovigilance Risk Assessment Committee has, before F290IP completion day—
a
issued a letter endorsing a draft study protocol under Article 107n(2)(a) of the 2001 Directive;
b
informed a holder F553of a UKMA(GB) or a THR(GB) that the study is a clinical trial under Article 107n(2)(c) of the 2001 Directive; or
c
informed a holder of its endorsement of a substantial amendment to that protocol under Article 107o of the 2001 Directive,
the licensing authority is deemed to have accepted the draft study protocol, or the amended draft study protocol, or made that decision (as the case may be) under regulation 199(5) (submission of draft study protocols for required studies) or 200(5)(b) (amendment to study protocols for required studies).
2
Where sub-paragraph (1) applies, the licensing authority may request the holder F420of a UKMA(GB) or a THR(GB) to provide to it any information in relation to the procedures under Article 107n or 107o of the 2001 Directive within a specified time period, and that holder must provide that information within that time period.
3
Sub-paragraph (4) applies where, before F290IP completion day—
a
a holder F76of a UKMA(GB) or a THR(GB) is proposing to, or, pursuant to Article 21a or 22a of the 2001 Directive, is under a duty to, undertake a non-interventional post-authorisation safety study; and
b
the procedure specified in Article 107n or 107o of the 2001 Directive has not concluded before F290IP completion day.
4
Where this sub-paragraph applies, on and after F290IP completion day, the holder must—
a
submit any further information that has been required of it by the Pharmacovigilance Risk Assessment Committee to the licensing authority; and
b
submit to the licensing authority such further information that it may request in relation to the procedures under Article 107n or 107o of the 2001 Directive within a time period specified by the licensing authority, whether or not that information has already been submitted to, or received from, that Committee before F290IP completion day,
and the licensing authority must assess that information in accordance with regulation 199 or 200 (as the case may be).
5
In this paragraph, “not concluded before F290IP completion day” means that—
a
a holder F399of a UKMA(GB) or a THR(GB) is proposing to, or, pursuant to Article 21a or 22a of the 2001 Directive, is under a duty to, undertake a non-interventional post-authorisation safety study;
b
the Pharmacovigilance Risk Assessment Committee has not taken any of the steps specified in sub-paragraph (1)(a) to (c).
Matters on-going at F290IP completion day in respect of the follow up of final study reports61
1
Sub-paragraph (2) applies where—
a
a final study report has been submitted to the Pharmacovigilance Risk Assessment Committee under Article 107p of the 2001 Directive; but
b
that committee has not, before F290IP completion day, made recommendations under Article 107q(1) of the 2001 Directive.
2
Where this sub-paragraph applies—
a
the licensing authority may, on or after F290IP completion day, request the holder F374of a UKMA(GB) or a THR(GB) to submit to it the information specified in regulation 201(2) (submission and evaluation of final study reports for required studies), and such further information relating to the final study report, or the procedure provided for in Chapter 4 of Title IX of the 2001 Directive, as the licensing authority may require; and
b
that holder F374of a UKMA(GB) or a THR(GB) must, in any event, undertake the steps specified in regulation 201(5) in respect of that final study report.
3
Sub-paragraph (4) applies where—
a
regulation 202(1) (follow-up of final study reports) applied before F290IP completion day in respect of a final study report; but
b
the licensing authority has not, before F290IP completion day, taken the steps specified in regulation 202(2).
4
Where this paragraph applies, notwithstanding the F372amendment of regulation 202 by the EU Exit Regulations, the licensing authority must take the steps specified in regulation 202(2) in accordance with the time period specified in that paragraph.
6
Where this sub-paragraph applies, notwithstanding the F423amendment of regulation 202—
a
the holder F277of a UKMA(GB) or a THR(GB) must take the steps specified in regulation 202(4); and
b
the licensing authority must determine that application for a variation in accordance with Part 5 (marketing authorisations) or 7 (traditional herbal registrations).
PART 11Transitional provision in respect of Part 12
Approved country health professional list on F290IP completion day (regulation 214(6A))62
1
For the purposes of regulation 214(6A), for the transitional period, the licensing authority must include on the list published under that paragraph, professions of equivalent professional status to an appropriate practitioner under regulation 214(3) to (5D) in each EEA State.
2
In this paragraph, “transitional period” is the period of one year beginning with F290IP completion day.
PART 12General provision in relation to transitional provisions
Licensing authority power to require information63
1
Notwithstanding any other power to require information under this Schedule, the licensing authority may require in writing that a holder of, or an applicant for, a UK marketing authorisation, parallel import licence, manufacturing licence, wholesale dealing licence, certificate of registration or traditional herbal registration provides it with any information which—
a
is relevant to the exercise of the licensing authority's functions under this Schedule; and
b
is either in the holder's or applicant's possession or is information which the holder or applicant may reasonably access,
within such time period as the licensing authority specifies in that written request.
2
If the holder of an authorisation, licence, certificate or registration mentioned in sub-paragraph (1) fails to comply with a request made pursuant to that sub-paragraph, the licensing authority may suspend the authorisation, licence, certificate or registration until the holder complies with the obligation.
3
Nothing in this Schedule requires a person to supply information in contravention of requirements imposed under the data protection legislation (within the meaning of Part 1 of the Data Protection Act 2018 M113).
SCHEDULE 8Consequential provision
PART 1Amendment of primary legislation
Amendment of the National Health Service Act 2006I941
1
Section 88 of the National Health Service Act 2006 M114 (GMS contracts: prescription of drugs, etc) is amended as follows.
2
In subsection (3), for “Community marketing authorization or United Kingdom” substitute “
UK
”
.
3
For subsection (4) substitute—
4
“UK marketing authorisation” has the meaning given by regulation 8(1) of the Human Medicines Regulations 2012 (S.I. 2012/1916) M115.
Amendment of the Access to Medical Treatments (Innovation) Act 2016I1972
In section 3(2)(b) and (4)(a), (b) and (c) of the Access to Medical Treatments (Innovation) Act 2016 M116 (provision supplementary to section 2: database of innovative treatments) insert “
UK
”
before “marketing authorisation”.
PART 2Amendment of secondary legislation
Amendment of the Medicines (Bal Jivan Chamcho Prohibition) (No 2) Order 1977I93
In article 2 of the Medicines (Bal Jivan Chamcho Prohibition) (No 2) Order 1977 (prohibition of sale, supply and importation of Bal Jivan Chamcho) M117—
a
for paragraph (4) substitute—
4
The prohibition imposed by paragraph (1) does not apply where the medicinal product—
a
is imported from an approved country for import; and
b
is being, or is to be, exported to a country other than the United Kingdom.
b
for paragraph (5) substitute—
5
In paragraph (4), “approved country for import” has the meaning given in regulation 8(1) of the Human Medicines Regulations 2012.
Amendment of the Prescription Only Medicines (Human Use) Order 1997I734
F208After article 5(1) of the Prescription Only Medicines (Human Use) Order 1997 (exempt medicinal products) M118, F257insert—
1A
In paragraph (1) “marketing authorisation” means—
a
in relation to medicinal products for sale or supply in Great Britain, a UKMA(GB) or UKMA(UK);
b
in relation to medicinal products for sale or supply in Northern Ireland, a UKMA(NI) or UKMA(UK), an EU marketing authorisation or a parallel import licence.
Amendment of the Medicines (Aristolochia and Mu Tong etc) (Prohibition) Order 2001I695
1
The Medicines (Aristolochia and Mu Tong etc) (Prohibition) Order 2001 M119 is amended as follows.
2
In article 1 (citation, commencement and interpretation) M120—
a
omit the definitions of “free circulation in member States” and “third country”; and
b
insert at the appropriate place—
“approved country for import” has the meaning given in regulation 8(1) of the Human Medicines Regulations 2012;
3
In article 4 (exceptions to the prohibition imposed by articles 2 and 3) M121—
a
for paragraph (3) substitute—
3
The prohibition imposed by articles 2 and 3 does not apply where the medicinal product—
a
is imported from an approved country for import; and
b
is being, or is to be, exported to a country other than the United Kingdom.
b
in paragraph (4), for “marketing authorisation, certificate of registration, traditional herbal registration or Article 126a authorisation” substitute “
UK marketing authorisation, certificate of registration or traditional herbal registration
”
.
Amendment of the Medicines for Human Use (Kava-kava) (Prohibition) Order 2002I1256
1
The Medicines for Human Use (Kava-kava) Prohibition) Order 2002 M122 is amended as follows.
2
In article 1 (citation, commencement and interpretation) M123—
a
omit the definitions of “free circulation in member States” and “third country”; and
b
insert at the appropriate place—
“approved country for import” has the meaning given in regulation 8(1) of the Human Medicines Regulations 2012;
3
In article 3 (exceptions to the prohibition imposed by article 2) M124—
a
for paragraph (c) substitute—
c
imported from an approved country for import, and is being, or is to be, exported to a country other than the United Kingdom; or
b
in paragraph (d), for “marketing authorisation, certificate of registration, traditional herbal registration or Article 126a authorisation” substitute “
UK marketing authorisation, certificate of registration or traditional herbal registration
”
.
Amendment of the Unlicensed Medicinal Products for Human Use (Transmissible Spongiform Encephalopathies) (Safety) Regulations 2003I222F1967
In regulation 1(2) of the Unlicensed Medicinal Products for Human Use (Transmissible Spongiform Encephalopathies) (Safety) Regulations 2003 (citation, commencement and interpretation), for the definition of “unlicensed product” substitute—
“unlicensed product” means—
- a
in the case of a product to be imported or marketed in Great Britain, a medicinal product for human use, other than an excluded medicine, in respect of which no UKMA(GB), UKMA(UK), THR(UK) or THR(GB) has been granted;
- b
in the case of a product to be imported or marketed in Northern Ireland, a medicinal product for human use, other than an excluded medicine, in respect of which no UKMA(NI), UKMA(UK), THR(UK) or THR(NI), EU marketing authorisation or Article 126a authorisation has been granted,
and “Article 126a authorisation”, “EU marketing authorisation”, “THR(GB)”, “THR(NI)”, “THR(UK)”, “UKMA(GB)”, “UKMA(NI)” and “UKMA(UK)” have the meanings given in regulation 8 of the 2012 Regulations;.;
Amendment of the Blood Safety and Quality Regulations 2005I1678
In regulation 1A of the Blood Safety and Quality Regulations 2005 M125, after paragraph (10) insert—
10A
Paragraph 7.1 is to be read F516as if the reference to “Directive 2003/94/EC” were to “the Good Manufacturing Practice Directive, within the meaning of F66paragraph (a) of the definition of that term in regulation 8(1) of the Human Medicines Regulations 2012.
Amendment of the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007I899
In regulation 3(1)(a) of the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 (exemptions) M126 for “Directive” to the end substitute “
regulation 2(1) of the Human Medicines Regulations 2012
”
.
Amendment of the Medicines for Human Use (Prohibition) (Senecio and Miscellaneous Amendments) Order 2008I19610
1
The Medicines for Human Use (Prohibition) (Senecio and Miscellaneous Amendments) Order 2008 M127 is amended as follows.
2
In article 1 (citation, commencement and interpretation) M128—
a
omit the definitions of “free circulation in member States” and “third country”; and
b
insert at the appropriate place—
“approved country for import” has the meaning given in regulation 8(1) of the Human Medicines Regulations 2012;
3
In article 3 (exceptions to the prohibition imposed by article 2) M129—
a
for paragraph (c) substitute—
c
is imported from an approved country for import, and is being, or is to be, exported to a country other than the United Kingdom; or
b
in paragraph (d), for “marketing authorisation, certificate of registration, traditional herbal registration or Article 126a authorisation” substitute “
UK marketing authorisation, certificate of registration or traditional herbal registration
”
.
Amendment of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013I6811
1
The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 M130 are amended as follows.
2
In paragraph 8(10) of Schedule 4 (terms of service of NHS pharmacists: providing ordered drugs or appliances), insert “
UK
”
before “marketing authorisation” in both places it appears.
3
In paragraph 6(8) of Schedule 7 (mandatory terms for LPS schemes: providing ordered drugs or appliances), insert “
UK
”
before “marketing authorisation” in both places it appears.
Amendment of the Genetically Modified Organisms (Contained Use) Regulations 2014I8612
In regulation 3(2)(b) of the Genetically Modified Organisms (Contained Use) Regulations 2014 (application) M131, at the end insert—
; or
iv
a medicinal product for human use marketed in accordance with the Human Medicines Regulations 2012;
Amendment of the Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015I14213
1
The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 M132 are amended as follows.
2
In regulation 1(4) (citation, commencement and interpretation), insert “
UK
”
before “marketing authorisation”.
3
In regulation 5(2)(c)(i) (exception for medicines indicated for the treatment of persons under 18), insert “
UK
”
before “marketing authorisation”.
Amendment of the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015I12914
In regulation 3(2)(b) of the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015 (application) M133, at the end insert—
; or
iv
a medicinal product for human use marketed in accordance with the Human Medicines Regulations 2012;
Amendment of the Health Service Products (Provision and Disclosure of Information) Regulations 2018I4015
In regulation 29(4) of the Health Service Products (Provision and Disclosure of Information) Regulations 2018 M134—
a
in the definition of “notifiable presentation”—
i
insert “
UK
”
before “marketing authorisation”, and
ii
omit from “other than” to the end;
b
in the definition of “designated producer” insert “
UK
”
before “marketing authorisation”; and
c
in the definition of “marketing authorisation” insert “
UK
”
before “marketing”.
Amendment of the Branded Health Service Medicines (Costs) Regulations 2018I5416
1
The Branded Health Service Medicines (Costs) Regulations 2018 M135 are amended as follows.
2
In regulation 1(2) (interpretation)—
F308a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F308b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F308c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F308d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
in the definition of “supplementary protection certificate” omit from “means” to the end and insert “
has the meaning given by section 128B(2) of the Patents Act 1977
”
.
F543
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In regulation 9 (new presentation)—
a
in paragraph (10)—
F373i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F158ii
in sub-paragraph (b), after “Article 21” insert “or regulation 64(6) of the 2012 Regulations”; and
F491b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4215
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1136
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 9Retained EU law: revocations
I2021
Insofar as they apply to medicinal products for human use, and subject to the transitional provisions in Schedule 33A to the Human Medicines Regulations 2012 M136, the following instruments are revoked—
a
Council Decision 75/320/EEC of 20 May 1975 setting up a Pharmaceutical Committee;
b
Council Regulation (EC) No 297/95 of 10 February 1995 on fees payable to the European Agency for the evaluation of medicinal products;
c
Commission Regulation (EC) No 1662/95 of 7 July 1995 laying down certain detailed arrangements for implementing the Community decision-making procedures in respect of marketing authorisations for products for human or veterinary use;
d
Commission Regulation (EC) No 2141/96 of 7 November 1996 concerning the examination of an application for the transfer of a marketing authorisation for a medicinal product falling within the scope of Council Regulation (EC) No 2309/93;
e
Council Regulation (EC) No 2743/98 of 14 December 1998 amending Regulation (EC) No 297/95 on fees payable to the European Agency for the Evaluation of Medicinal Products;
f
Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products;
g
Commission Regulation (EC) No 847/2000 of 27 April 2000 laying down the provisions for implementation of the criteria for designation of a medicinal product as an orphan medicinal product and definitions of the concepts ‘similar medicinal product’ and ‘clinical superiority’;
h
Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency;
i
Council Regulation (EC) No 1905/2005 of 14 November 2005 amending Regulation (EC) No 297/95 on fees payable to the European Medicines Agency;
j
Commission Regulation (EC) No 2049/2005 of 15 December 2005 laying down, pursuant to Regulation (EC) No 726/2004 of the European Parliament and of the Council, rules regarding the payment of fees to, and the receipt of administrative assistance from, the European Medicines Agency by micro, small and medium-sized enterprises;
k
Commission Regulation (EC) No 507/2006 of 29 March 2006 on the conditional marketing authorisation for medicinal products for human use falling within the scope of Regulation (EC) No 726/2004 of the European Parliament and of the Council;
l
Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004;
m
Regulation (EC) No 1902/2006 of the European Parliament and of the Council of 20 December 2006 amending Regulation (EC) No 1901/2006 on medicinal products for paediatric use;
n
Commission Regulation (EC) No 658/2007 of 14 June 2007 concerning financial penalties for infringement of certain obligations in connection with marketing authorisations granted under Regulation (EC) No 726/2004 of the European Parliament and of the Council;
o
Regulation (EC) No 1394/2007 of the European Parliament and of the Council of 13 November 2007 on advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) NO 726/2004;
p
Commission Regulation (EC) No 1234/2008 of 24 November 2008 concerning the examination of variations to the terms of marketing authorisations for medicinal products for human use and veterinary medicines;
q
Commission Regulation (EC) No 668/2009 of 24 July 2009 implementing Regulation (EC) No 1394/2007 of the European Parliament and of the Council with regard to the evaluation and certification of quality and non-clinical data relating to advanced therapy medicinal products developed by micro, small and medium-sized enterprises;
r
Regulation (EU) No 1235/2010 of the European Parliament and of the Council of 15 December 2010 amending, as regards pharmacovigilance of medicinal products for human use, Regulation (EC) No 726/2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency and Regulation (EC) No 1394/2007 on advanced therapy medicinal products;
s
Commission Regulation (EU) No 488/2012 of 8 June 2012, amending Regulation (EC) no 658/2007 concerning financial penalties for infringement of certain obligations in connection with marketing authorisations granted under Regulation (EC) No 726/2004 of the European Parliament and of the Council;
t
Commission Implementing Regulation (EU) No 520/2012 of 19 June 2012 on the performance of pharmacovigilance activities provided for in Regulation (EC) No 726/2004 of the European Parliament and of the Council and Directive 2001/83/EC of the European Parliament and of the Council;
u
Commission Regulation (EU) No 712/2012 of 3 August 2012 amending Regulation (EC) No 1234/2008 concerning the examination of variations to the terms of marketing authorisations for medicinal products for human use and veterinary medicinal products;
v
Regulation (EU) N0 1027/2012 of the European Parliament and of the Council of 25 October 2012 amending Regulation (EC) No 726/2004 as regards pharmacovigilance;
w
Commission Implementing Decision of 22 November 2012 establishing a list of third countries with a regulatory framework applicable to active substances for medicinal products for human use and the respective control and enforcement activities ensuring a level of protection of public health equivalent to that in the Union, in accordance with Directive 2001/83/EC;
x
Commission Implementing Decision of 23 January 2013 on the assessment of a third country's regulatory framework applicable to active substances of medicinal products for human use and of the respective control and enforcement activities pursuant to Article 111b of Directive 2001/83/EC;
y
Commission Implementing Regulation (EU) No 198/2013 of 7 March 2013 on the selection of a symbol for the purpose of identifying medicinal products for human use that are subject to additional monitoring;
z
Commission implementing Decision of 24 April 2013 amending implementing Decision 2012/715/EU establishing a list of third countries with a regulatory framework applicable to active substances for medicinal products for human use and the respective control and enforcement activities ensuring a level of protection of public health equivalent to that in the Union;
aa
Commission implementing Decision of 4 June 2013 amending implementing Decision 2012/715/EU establishing a list of third countries with a regulatory framework applicable to active substances for medicinal products for human use and the respective control and enforcement activities ensuring a level of protection of public health equivalent to that in the Union;
bb
Commission implementing Decision of 11 June 2013 amending implementing Decision 2012/715/EU establishing a list of third countries with a regulatory framework applicable to active substances for medicinal products for human use and the respective control and enforcement activities ensuring a level of protection of public health equivalent to that in the Union;
cc
Commission Delegated Regulation (EC) No 357/2014 of 3 February 2014 supplementing Directive 2001/83/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council as regards situations in which post-authorisation efficacy studies may be required;
dd
Regulation (EU) No 658/2014 of the European Parliament and of the Council of 15 May 2014 on fees payable to the European Medicines Agency for the conduct of pharmacovigilance activities in respect of medicinal products for human use M137;
ee
Commission Delegated Regulation (EU) No 1252/2014 of 28 May 2014 supplementing Directive 2001/83 with regard to principles and guidelines of good manufacturing practice for active substances for medicinal products for human use;
ff
Commission Implementing Regulation (EU) No 699/2014 of 24 June 2014 on the design of the common logo to identify persons offering medicinal products for sale at a distance to the public and the technical, electronic and cryptographic requirements for verification of its authenticity;
gg
Commission implementing Decision of 1 July 2015 amending implementing Decision 2012/715/EU establishing a list of third countries with a regulatory framework applicable to active substances for medicinal products for human use and the respective control and enforcement activities ensuring a level of protection of public health equivalent to that in the Union;
hh
Commission Delegated Regulation (EU) No 2016/161 of 2 October 2015 supplementing Directive 2001/83 of the European Parliament and of the Council by laying down detailed rules for the safety features appearing on the packaging of medicinal products for human use;
ii
Commission Regulation (EU) 2018/781 of 29 May 2018 amending Regulation (EC) No 847/2000 as regards the definition of the concept “similar medicinal product”;
F218jj
Regulation (EU) 2019/5 of the European Parliament and of the Council of 11 December 2018 amending Regulation (EC) No 726/2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency, Regulation (EC) No 1901/2006 on medicinal products for paediatric use and Directive 2001/83/EC on the Community code relating to medicinal products for human use.
2018 c. 16.