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2001/0253(COD)

Medicinal products for human use: Community code (amend. Directive 2001/83/EC)

Procedure completed

2001/0253(COD) Medicinal products for human use: Community code (amend. Directive 2001/83/EC)
RoleCommitteeRapporteurShadows
Opinion AGRI STURDY Robert (PPE-DE)
Opinion BUDG KUCKELKORN Wilfried (PSE)
Opinion CONT MULDER Jan (ELDR)
Lead ENVI GROSSETÊTE Françoise (PPE-DE)
Opinion ITRE READ Imelda Mary (PSE)
Opinion JURI
Lead committee dossier: ENVI/5/16947
Legal Basis EC Treaty (after Amsterdam) EC 095, EC Treaty (after Amsterdam) EC 152
Subjects
Links

Activites

  • 2004/04/30 Final act published in Official Journal
  • 2004/03/31 Final act signed
  • 2004/03/31 End of procedure in Parliament
  • 2004/03/11 Act approved by Council, 2nd reading
  • #2570
  • 2004/03/11 Council Meeting
  • 2004/02/17 Commission opinion on Parliament's position at 2nd reading
    • COM(2004)0124 summary
    • DG Enterprise and Industry,
  • 2003/12/17 Text adopted by Parliament, 2nd reading
    • T5-0577/2003 summary
    • OJ C 091 15.04.2004, p. 0133-0298 E
  • 2003/12/16 Debate in Parliament
  • 2003/11/27 Committee recommendation tabled for plenary, 2nd reading
  • 2003/10/17 Committee draft report
    • PE337.033
  • 2003/10/09 Committee referral announced in Parliament, 2nd reading
  • #2528
  • 2003/09/29 Council Meeting
    • 10950/3/2003 summary
    • OJ C 297 09.12.2003, p. 0041-0071 E
  • #2512
  • 2003/06/02 Council Meeting
  • 2003/04/03 Modified legislative proposal
    • COM(2003)0163 summary
    • DG Enterprise and Industry,
  • #2470
  • 2002/12/02 Council Meeting
  • 2002/10/23 Text adopted by Parliament, 1st reading/single reading
    • T5-0505/2002 summary
    • OJ C 300 11.12.2003, p. 0166-0352 E
  • 2002/10/22 Debate in Parliament
  • 2002/10/02 Committee report tabled for plenary, 1st reading/single reading
  • #2440
  • 2002/06/26 Council Meeting
  • 2002/05/21 Committee draft report
    • PE290.143
  • 2001/12/13 Committee referral announced in Parliament, 1st reading/single reading
  • 2001/11/26 Legislative proposal
    • COM(2001)0404 summary
    • DG Enterprise and Industry,

Documents

History

(these mark the time of scraping, not the official date of the change)

2012-02-09
activities added
  • date
    2001-11-26
    docs
    • text
      • PURPOSE : to amend Directive 2001/83/EC on the community code relating to medicinal products for human use.
        CONTENT : In general terms the pharmaceutical legislation needs to be revised (see COD010252), in view of lessons learnt as well as scientific and technical progress. The main amendments are as follows:
        -the definition of medicinal product is adapted to take account of new therapies and their particular mode of administration.
        -since the possible duality of certain "borderline" products (medical devices, cosmetics, biocides etc.) has led to differences of opinion as to the applicable legislation, it is proposed that when a product fully meets the definition of a medicinal product, but may also meet the definition of other regulated products, the pharmaceutical legislation should apply.
        -adaptations are proposed to certain provisions relating to the marketing authorisation application file.
        -in the case of abridged marketing authorisation procedures, the concept of "essentially similar" medicinal products is abandoned since it actually refers to generic medicinal products, a definition of which is inserted, together with a definition of reference medicinal product.
        -the administrative protection period for data on the reference medicinal product is harmonised at ten years.
        -any medicinal product not compulsorily subject to the centralised procedure will be covered by the decentralised or mutual recognition procedure, on condition that it is intended for the market of more than one Member State. These procedures are thus still optional for other medicinal products which represent a therapeutic innovation and will be the procedure of choice for generic medicinal products.
        -the mutual recognition procedure has been criticised because of difficulties encountered in practice. Added to the general principles of mutual recognition is a new decentralised procedure for medicinal products not yet authorised in the Community, where Member States would cooperate before a decision is taken by one of them.
        -the establishment of the co-ordination group to whom disagreements are referred under the new decentralised procedures.
        -the obligation to renew marketing authorisation every five years is removed. (see COD010252)
        -the referral procedure is amended, and the overall length is reduced from 90 days to 60 days.
        -Commission decision-making is to be subject to a consultation procedure and a management procedure, depending on the case.
        -on inspection and surveillance matters, it is proposed that the regulation be extended to cover active substances used as starting materials in the manufacture of medicinal products. Provision is made for issuing certificates of good manufacturing practice attesting compliance with the relevant requirements.
        -there are provisions to ensure a greater emphasis on a preventive approach with regard to pharmacovigilance.
        -the proposal introduces a limited mutual recognition procedure for homeopathy. Invented names may be used. The blanket prohibition on advertising is removed.
      celexid
      CELEX:52001PC0404(02):EN
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      Legislative proposal published
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      COM(2001)0404
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    2001-12-13
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  • date
    2002-05-21
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      Committee draft report
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      PE290.143
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    • The Council held a policy debate on the basis of a Presidency questionnaire on three proposals - a Regulation (see COD/2001/0252) and two Directives (this text) and (COD/2001/0254) - the main aims of which are to achieve completion of the single market in the medicinal products sector, to improve the competitiveness of the pharmaceutical industry (particularly small and medium-sized enterprises) and to simplify Community legislation.
      The Opinion of the European Parliament at first reading should be available in October 2002.
      Two topics were discussed at this stage following the proceedings of the Working Party:
      - the scope of the proposal for a Regulation: the text provides for extension of the compulsory centralised Community procedure to medicinal products for human or veterinary use containing new active substances; a majority of delegations wanted to be able to continue to choose between a centralised system and a system of national authorisations with the principle of mutual recognition. Some delegations, however, made distinctions depending on whether the medicinal product was for human or veterinary use. Some delegations said they could support an extension of the scope for medicinal products for human use only. Delegations which recommended an optional system put forward the following main arguments: several delegations wanted the Commission to provide a better definition of medicinal products containing new active substances; several delegations expressed concern regarding the situation of small and medium-sized enterprises and argued that some flexibility was the best solution for them; some delegations expressed fears that extension of a centralised procedure would not take sufficient account of the views of national authorities. As regards medicinal products for veterinary use, some delegations pointed out that, since in some cases their use and authorisation involved only a few regional animal species (e.g. northern Finland), a national authorisation system would be preferable.
      Some delegations stressed in particular the need to improve the technical resources of the European Agency for the Evaluation of Medicinal Products (EMEA) - computerised files, national databases - and to extend its evaluation methods, along the lines of the methods available to the United States Food and Drug Administration.
      - the new composition of the Management Board of the European Agency for the Evaluation of Medicinal Products (EMEA): under the proposal this Board would consist of four representatives of the Member States, four representatives of the European Parliament, four representatives of the Commission and four representatives of patients and the industry; a very large majority of delegations wanted to maintain representation by Member States only.
      Two delegations stressed in particular the need for the Management Board to have a composition different from that of the European Food Safety Authority (EFSA) - a consultative body - taking account of the executive role of the EMEA in issuing authorisations for placing medicinal products on the market.
      The Council agreed to take account of these positions expressed by the Member States when continuing its discussions in the second half of 2002.
    council
    Health
    date
    2002-06-26
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    text
    • The committee adopted the report by Françoise GROSSETÊTE (EPP-ED, F) tabling a large number of amendments to the proposal under the codecision procedure (1st reading). The main amendments were as follows:
      - the committee deleted the proposed derogation to the basic rules which would allow the pharmaceutical industry to provide information on medicines for AIDS, asthma and diabetes, on the grounds that this would be the first step toward consumer advertising of prescription medicines in the guise of 'disease education'. The industry was incapable of providing impartial information on its medicines and such information should therefore only come from independent sources;
      - it was proposed that the Commission should develop an information and education strategy to ensure that all patients could obtain objective, reliable and non-promotional information about medicines and other treatments;
      - the committee adopted a large number of amendments aimed at ensuring greater transparency and access to information for the public (including publicly-accessible registers and databases on medicinal products), as well as provisions on the legibility and clarity of packaging and patient information leaflets;
      - to speed up the time within which generic medicines can be brought onto the market, applicants should not be required to provide the results of pre-clinical tests or pre-clinical trials if they can demonstrate that the medicinal product is a generic of a reference medicinal product authorised for eight years in a Member State or in the Community, rather than ten years as proposed by the Commission. The committee added, however, that such a generic medicinal product cannot be manufactured or placed on the market until ten years have elapsed since the first authorisation of the reference product and that, in the case of a biogeneric medical product, pre-clinical tests and/or clinical trials shall be necessary;
      - generic drugs should be identified in all Member States with the same denomination of the internationally approved chemical name of the active substances and the name of the producer;
      - authorisation applications should include a confirmation that clinical trials for the medicinal product in question have not been carried out in developing countries unless that product is primarily geared to the domestic market in those countries;
      - in the first five years after being placed on the market, the package leaflet must bear the phrase 'Newly authorised medicinal product. Please notify any adverse reactions';
      - Member States should be able to temporarily authorise the distribution of an unauthorised medicinal product in response to the suspected or confirmed spread of a pathogen which could cause harm.
    date
    2002-10-02
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    Committee report tabled for plenary, 1st reading/single reading
  • date
    2002-10-22
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    2002-10-23
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    • The Council held an exchange of views, on the basis of a progress report from the Presidency, on some of the key issues raised by the proposal for a Regulation of the European Parliament and of the Council aimed at amending Community procedures for the authorisation and supervision of medicinal products for human and veterinary use.
      The Council requested the Permanent Representatives Committee to pursue work actively on the proposal, taking into account the positions expressed by delegations and the opinion of the European Parliament in first reading. In the light of this discussion, the President concluded that:
      - views continue to differ on the scope of the centralised authorisation procedure, with a slight majority opposed to its extension as regards medicinal products for Human use and a clear majority opposed as regards veterinary medicinal product;
      - a majority of delegations are favourable to each Member State being represented on the management board of the European Agency for the Evaluation of Medicinal Products;
      - a majority of delegations are in favour of maintaining a first renewal of market authorisations after five years, with unlimited validity thereafter.
    council
    Employment, Social Policy, Health and Consumer Affairs
    date
    2002-12-02
    type
    Council Meeting
  • date
    2003-04-03
    docs
    • text
      • The Commission accepted 30 amendments proposed by the European Parliament. These include:
        - any authorisation, which is not followed within three years by the actual placing on the market of the authorised product, will cease to be valid;
        - the possibility of unannounced inspections by the competent authorities;
        - Member States may temporarily authorise the distribution of an unauthorised medicinal product in response to the suspected spread of a pathogen which could cause harm;
        - clarification that the data protection period of 11 years constitutes the maximum time;
        - the documents to be submitted by the applicant on the constituents of the medicinal product include the reference to its international non-proprietary name recognised by the WHO;
        - an applicant has to submit documents to prove that he will be able to meet certain pharmacovigilance obligations;
        - homeopathic products authorised before December 1993 do not need to be updated according to the new legislation;
        - the rules of procedure of the coordination group are to be made public;
        - the committee must specify the time limit for explanations by the applicant;
        - the Commission must prepare a draft decision in 15 and not 30 days;
        - the Rules of Procedure of the Standing Committee must be made public.
        The Commission accepted 48 amendments in part or in principle. These include:
        - the change in the period of validity foe the marketing authorisation. The latter for new medicinal products must initially be limited to five years' validity. After the first renewal, the marketing authorisation shall be considered to be valid indefinitely;
        - further clarification on the definition of a medicinal product. A reformulation is required to refer, in addition to pharmacological action, to immunological and metabolic action;
        - the deletion of certain parts of the definition of a homeopathic medicinal product. There is a rewording to reintroduce the reference to homeopathic stocks, which are an important step in the production of a homeopathic medicinal product;
        - the introduction of a definition of the risk/benefit balance;
        - the situation that a given product could fulfil the definition of different regulatory regimes. This excludes food, food supplements, medical devices and cosmetics from the scope of the Directive; reinforcement of the arbitration procedures. The option to refer to the Agency will be made into an obligation in the cases of referral where a Community interest is involved. A requirement for the marketing authorisation holder, and, within the limits of their responsibilities, the distributors, to provide suitable supplies; it is compulsory for Member States to take measures to require doctors and other healthcare professionals to report adverse reactions
        The Commission rejected 79 amendments proposed by the Parliament. These include:
        - the requirement for generic medicinal products authorised bythe Member States to be identified with the same denomination;
        - amendments which introduce the possibility of conducting the tests and trials needed for authorisation, submitting the application for authorisation, and authorising generic medicinal products during the ten year period of data protection;
        - amendments which require the competent authorities to set up a website containing information on the medicinal product and to include its address on the packaging;
        - including patients as a source of information adverse reactions that is forwarded directly to the holder of marketing authorisations; the proposal that a new category of medicinal product "herbal health product" be introduced.
      celexid
      CELEX:52003PC0163(02):EN
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    2003-09-29
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  • date
    2003-10-17
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      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2003-0446&language=EN
      type
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      A5-0446/2003
    text
    • The committee adopted the report by Françoise GROSSETÊTE (EPP-ED, F) amending the Council's common position under the 2nd reading of the codecision procedure. It retabled a number of key amendments adopted by Parliament at 1st reading which had not been accepted by Council:
      - the procedure for granting a marketing authorisation for medicinal products should be completed within 150 days (rather than 210 days as proposed) after a valid application has been submitted, including 80 days for scientific data analysis and preparation of the assessment report;
      - for the purposes of authorising medicinal products for human use, clinical trials carried out in a developing country should not be recognised, unless the product concerned primarily benefits the population of that country;
      - as regards data protection for pharmaceutical companies, it should be possible to extend the ten-year protection period up to a maximum of eleven years if, during the first eight of those ten years, the marketing authorisation holder obtains an authorisation for new therapeutic indications bringing "significant clinical benefit" in comparison with existing therapies;
      - a new article should be inserted on the procedure for the granting of compulsory licences, in the light of the WTO decision of 30 August 2003 on implementing paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health;
      - after consulting patients', doctors', consumers' and pharmacists' organisations, Member States and other interested parties, the Commission should present a report on current practice with regard to information provision - particularly on the Internet - and its risks and benefits for patients. If appropriate, the Commission should put forward proposals setting out an information strategy to ensure good quality, objective, reliable and non-promotional information on medicinal products and other treatments. The question of the information source's liability should also be addressed;
      - national authorities should set up a publicly accessible database, independent of pharmaceutical companies, containing updated package leaflets for all pharmaceutical products licensed for sale or dispensing. The database should be structured in such a way as to make a comparison possible of the information available for all medicinal products;
      - Member States should set up appropriate collection systems for unused or time-expired medicinal products via pharmacies;
      - activities connected with pharmacovigilance, the functioning of communication networks and market surveillance should receive public funding.
    date
    2003-11-27
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  • date
    2003-12-16
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      • The Commission can accept in full the 32 amendments to the Council's common position adopted by Parliament on the proposal for a regulation, the 30 amendments to the Council's common position adopted by Parliament on the proposal for a directive on medicinal products for human use and the 22 amendments to the Council's common position adopted by Parliament on the proposal for a directive on veterinary medicinal products.
        The Commission notes the convergence of views between the three institutions on the general approach and on the most important issues regarding the compulsory field of application of the centralised procedure, the administrative structure of the agency, the period of data protection, definitions, information for patients and the assessment of the environmental impact.
        The amendments adopted by Parliament mainly concern the issues of the compulsory field of application of the centralised procedure, the period of data protection and the administrative structure of the agency as far as the regulation is concerned, and the definitions, period of data protection, information for patients and assessment of the environmental impact as regards the two directives on medicinal products for human use and veterinary use.
      title
      COM(2004)0124
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      Commission opinion on Parliament's position at 2nd reading
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    2004-03-31
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    text
    • PURPOSE : to reform Community pharmaceutical legislation.
      LEGISLATIVE ACT : Directive 2004/27/EC of the European Parliament and of the Council amending Directive 2001/83/EC on the Community code relating to medicinal products for human use.
      CONTENT : the Council adopted a package of Community legislation on pharmaceuticals, updating the existing rules with the aim of responding to technical and scientific innovations whilst maintaining a high level of health protection and continuing to ensure the proper functioning of the EU's internal market in the pharmaceuticals sector.
      The four main objectives of this package are particularly relevant:
      - to guarantee a high level of public health protection, particularly by providing patients, as swiftly as possible, with innovative and reliable products and by increasing market
      surveillance by reinforcing monitoring and pharmacovigilance procedures;
      - to complete the internal market in pharmaceutical products while taking account of the implications of globalisation, and to establish a regulatory and legislative framework that favours the competitiveness of the European pharmaceuticals sector;
      - to meet the challenges of the future enlargement of the European Union;
      - to rationalise and simplify the system, thus improving its overall consistency and visibility, and the transparency of procedures.
      The new Regulation is aimed at improving the operation of centralised and decentralised authorisation procedures for the placing of medicinal products on the Community market and at amending administrative aspects of the European Medicines Agency. More specifically, the new rules will improve and speed up access to new and innovative pharmaceutical products, building on the proven success of the European Medicines Evaluation Agency (EMEA) set up in 1995. Changes include a new fast-track authorisation procedure, the possibility of conditional authorisation for products and a harmonised period during which test and other data is protected in order to reward innovation. The generic pharmaceutical industry also benefits through clearer rules and procedures and the possibility for them to start testing their products in advance of patent expiry. Finally, the new rules should streamline procedures and reduce red-tape, while at the same time strengthening the supervision of pharmaceutical products.
      The changes include: the opening of the centralised procedure to more types of new medicines. Currently, the centralised procedure must be used for the authorisation of biotechnology products. Under the new rules the centralised procedure will become mandatory for medicines to treat AIDS, cancer, diabetes, neurodegenerative disorders and orphan diseases and after 4 years this will be further extended to cover medicines for autoimmune diseases and viral diseases. A general review clause will enable further extension to other diseases. In addition, the role of scientific advice in the process is strengthened, as is the EMEA's in relation to scientific matters relating to medicinal products, international activities and its role in providing early scientific advice to companies before they embark on the trials and tests necessary to obtain an authorisation for theirproducts.
      With a view to increasing and accelerating availability of products, in terms of benefits for patients, the opportunity has been taken to respond to several challenges. The revised legislation aims to increase the availability and speed of access of new and innovative medicines to the European market, while at the same time ensuring that the basic criteria of safety, quality and efficacy are met:
      - a "fast-track" registration procedure for products of significant therapeutic interest has been introduced allowing these products to be assessed and authorised in an expedited way;
      - the possibility of a conditional marketing authorisation has been introduced, which allows for a one-year authorisation to be granted provided that there is an important expected health benefit for the patients concerned and that the company agrees to carry out additional monitoring and clinical studies, which will be reviewed at the end of this period;
      - subject to further additional provisions, a European wide system to make medicinal products available in advance of authorisation for a "compassionate use" will also be possible. This will help to ensure that patients are not discriminated against on the basis, in particular, of the location of the clinical trials performed by a particular company.
      In addition to the first two provisions, specific measures concerning the availability of veterinary medicinal products are also proposed as well as an incentive scheme to encourage companies to broaden the use of older products for example to cover other species.
      As regards better access to information for patients, the revised legislation provides for an overall increase in transparency and improves access to the results of the pharmaceutical decision making process, including assessment reports and the summaries of product characteristics.
      On the issue of promoting the competitiveness of the European pharmaceutical industry in a global context, the revised legislation introduces mechanisms to improve the competitiveness of innovative pharmaceutical, generic and OTC sectors. Concerning data submitted by companies for the approval of medicines, the legislation harmonises the rules governing data protection (data exclusivity). Following transposition of the legislation, whatever the authorisation procedure used, it will not be possible to market generics until ten years have elapsed. This can be extended by a further year if a further innovative indication for the medicine is authorised. This removes current ambiguities of application and allows the innovative pharmaceutical industry more time to recoup its investments before a generic product may be authorised.
      - for the generic pharmaceutical sector, the new rules introduce the possibility for companies to perform tests to support generic medicine authorisation in Europe and to obtain a marketing authorisation before the end of the data exclusivity period;
      - in addition, a new definition of generic medicines should provide greater legal security and better application of the regulatory procedures for generic medicines;
      - for "copies" of biological products, a proper definition of these products, so-called "bio-similar" medicinal product, is introduced. For the Over The Counter (OTC) sector, one year of data exclusivity will be granted on the studies that allowed theswitch of medicinal products from prescription only to OTC;
      - additionally, the revised legislation introduces the new possibility for an additional period of data protection in case of re-classification of a product as non-prescription ("switch") and in case of a new indication granted to a well-established product. In both cases, the protection will be of one year.
      The revised legislation includes important changes aiming to optimise, simplify and rationalise the current regulatory processes. The changes reduce the requirement to renew marketing authorisations while reinforcing pharmacovigilance and information sharing provisions. They also include measures to accelerate the Commission's decision making process so that the period between the scientific assessment and marketing a product is shortened.
      ENTRY INTO FORCE : 30/04/2004.
      IMPLEMENTATION : 30/10/2005.
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2001/0253(COD)
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Legislation
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title
Medicinal products for human use: Community code (amend. Directive 2001/83/EC)
type
COD - Ordinary legislative procedure (ex-codecision)
final
subject
  • 4.20.04 Pharmaceutical products and industry