DIRECTIVE 2004/27/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 31 March 2004
amending Directive 2001/83/EC on the Community code relating to medicinal products for human
use
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,
Having regard to the proposal by the Commission (1),
Having regard to the Opinion of the European Economic and
Social Committee (2),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),
Whereas:
(1) Directive 2001/83/EC of the European Parliament and of
the Council of 6 November 2001 on the Communitycode relating to medicinal products for human use (
4),
codified and consolidated in a single text the texts of
Community legislation on medicinal products for humanuse, in the interests of clarity and rationalisation.
(2) The Community legislation so far adopted has made amajor contribution to the achievement of the objectiveof the free and safe movement of medicinal products for
human use and the elimination of obstacles to trade in
such products. However, in the light of the experienceacquired, it has become clear that new measures arenecessary to eliminate the remaining obstacles to freemovement.
(3) It is therefore necessary to align the national laws, regu-
lations and administrative provisions which contain
differences with regard to the basic principles in orderto promote the operation of the internal market whilerealising a high level of human health protection.(4) The main purpose of any regulation on the manufacture
and distribution of medicinal products for human use
should be to safeguard public health. However, this
objective should be achieved by means which do not
hinder the development of the pharmaceutical industryor trade in medicinal products in the Community.
(5) Article 71 of Council Regulation (EEC) No 2309/93 of22 July 1993 laying down Community procedures for
the authorisation and supervision of medicinal products
for human and veterinary use and establishing aEuropean Agency for the Evaluation of MedicinalProducts (
5) provided that, within six years of its entry
into force, the Commission was required to publish ageneral report on the experience acquired as a result ofthe operation of the marketing authorisation procedureslaid down in that Regulation and in other Communitylegal provisions.
(6) In the light of the Commission's report on theexperience acquired, it has proved necessary toimprove the operation of the marketing authorisationprocedures for medicinal products in the Community.
(7) Particularly as a result of scientific and technicalprogress, the definitions and scope of Directive2001/83/EC should be clarified in order to achievehigh standards for the quality, safety and efficacy ofmedicinal products for human use. In order to takeaccount both of the emergence of new therapies andof the growing number of so-called ‘borderline’products between the medicinal product sector andother sectors, the definition of ‘medicinal product’should be modified so as to avoid any doubt as to theapplicable legislation when a product, whilst fully fallingwithin the definition of a medicinal product, may alsofall within the definition of other regulated products.
This definition should specify the type of action that
the medicinal product may exert on physiological
functions. This enumeration of actions will also make
it possible to cover medicinal products such as gene
therapy, radiopharmaceutical products as well ascertain medicinal products for topical use. Also, inview of the characteristics of pharmaceutical legislation,provision should be made for such legislation to apply.With the same objective of clarifying situations, where agiven product comes under the definition of a medicinal
product but could also fall within the definition of other
regulated products, it is necessary, in case of doubt andin order to ensure legal certainty, to state explicitlywhich provisions have to be complied with. Where aproduct comes clearly under the definition of otherproduct categories, in particular food, food supplements,EN L 136/34 Official Journal of the European Union 30.4.2004
(1) OJ C 75 E, 26.3.2002, p. 216 and OJ C . . . (not yet published in
the Official Journal).
(2) OJ C 61, 14.3.2003, p. 1.
(3) Opinion of the European Parliament of 23 October 2002 (OJ C
300 E, 11.12.2003, p. 353), Council Common Position of
29 September 2003 (OJ C 297 E, 9.12.2003, p. 41), Position of
the European Parliament of 17 December 2003 (not yet published
in the Official Journal) and Council Decision of 11 March 2004.
(4) OJ L 311, 28.11.2001, p. 67. Directive as last amended by
Commission Directive 2003/63/EC (OJ L 159, 27.6.2003, p. 46).(5) OJ L 214, 21.8.1993, p. 1. Regulation repealed by Regulation (EC)
No 726/2004 (see p. 1 of this Official Journal).medical devices, biocides or cosmetics, this Directive
should not apply. It is also appropriate to improve theconsistency of the terminology of pharmaceutical legis-lation.
(8) Wherever it is proposed to change the scope of thecentralised procedure, it should no longer be possibleto opt for the mutual-recognition procedure or thedecentralised procedure in respect of orphan medicinalproducts and medicinal products which contain newactive substances and for which the therapeutic indi-cation is the treatment of acquired immune deficiencysyndrome, cancer, neurodegenerative disorder ordiabetes. Four years after the date of entry into forceof Regulation (EC) No 726/2004 (
1), it should no
longer be possible to opt for the mutual-recognitionprocedure or the decentralised procedure in respect ofmedicinal products which contain new active substancesand for which the therapeutic indication is the treatmentof auto-immune diseases and other immunedysfunctions and viral diseases.
(9) On the other hand, in the case of generic medicinalproducts of which the reference medicinal product hasbeen granted a marketing authorisation under thecentralised procedure, applicants seeking marketingauthorisation should be able to choose either of thetwo procedures, on certain conditions. Similarly, themutual-recognition or decentralised procedure shouldbe available as an option for medicinal products whichrepresent a therapeutic innovation or which are ofbenefit to society or to patients.
(10) In order to increase availability of medicinal products, in
particular on smaller markets, it should, in cases where
an applicant does not apply for an authorisation for a
medicinal product in the context of the mutual-recog-nition procedure in a given Member State, be possiblefor that Member State, for justified public health reasons,to authorise the placing on the market of the medicinalproduct.
(11) Evaluation of the operation of marketing authorisationprocedures has revealed the need to revise, in particular,the mutual-recognition procedure in order to improvethe opportunities for cooperation between Member
States. This cooperation process should be formalised
by setting up a coordination group for this procedure
and by defining its operation so as to settle
disagreements within the framework of a revised decen-tralised procedure.
(12) With regard to referrals, the experience acquired revealsthe need for an appropriate procedure, particularly inthe case of referrals relating to an entire therapeuticclass or to all medicinal products containing the sameactive substance.(13) There is a need to provide for the ethical requirementsof Directive 2001/20/EC of the European Parliament andthe Council of 4 April 2001 on the approximation of
the laws, regulations and administrative provisions of
the Member States relating to the implementation ofgood clinical practice in the conduct of clinical trialson medicinal products for human use (
2) to apply to
all medicinal products authorised within the
Community. In particular, with respect to clinical trials
conducted outside the Community on medicinalproducts destined to be authorised within theCommunity, it should be verified, at the time of the
evaluation of the application for authorisation, that
these trials were conducted in accordance with the prin-ciples of good clinical practice and the ethicalrequirements equivalent to the provisions of thatDirective.
(14) Since generic medicines account for a major part of themarket in medicinal products, their access to theCommunity market should be facilitated in the light of
the experience acquired. Furthermore, the period for
protection of data relating to pre-clinical tests andclinical trials should be harmonised.
(15) Biological medicinal products similar to a referencemedicinal product do not usually meet all the conditions
to be considered as a generic medicinal product mainly
due to manufacturing process characteristics, rawmaterials used, molecular characteristics and therapeuticmodes of action. When a biological medicinal productdoes not meet all the conditions to be considered as ageneric medicinal product, the results of appropriatetests should be provided in order to fulfil therequirements related to safety (pre-clinical tests) or to
efficacy (clinical tests) or to both.
(16) The criteria of quality, safety and efficacy should enable
the risk-benefit balance of all medicinal products to beassessed both when they are placed on the market and
at any other time the competent authority deems this
appropriate. In this connection, it is necessary toharmonise and adapt the criteria for refusal, suspensionand revocation of marketing authorisations.
(17) A marketing authorisation should be renewed once five
years after the granting of the marketing authorisation.
Thereafter, the marketing authorisation should normally
be of unlimited validity. Furthermore, any authorisationnot used for three consecutive years, that is to say onewhich has not led to the placing on the market of amedicinal product in the Member States concernedduring that period, should be considered invalid, in
order, in particular, to avoid the administrative burden
of maintaining such authorisations. However,exemptions from this rule should be granted whenthese are justified on public health grounds.EN 30.4.2004 Official Journal of the European Union L 136/35
(1) See p. 1 of this Official Journal. (2) OJ L 121, 1.5.2001, p. 34.(18) The environmental impact should be assessed and, on a
case-by-case basis, specific arrangements to limit itshould be envisaged. In any event this impact shouldnot constitute a criterion for refusal of a marketingauthorisation.
(19) The quality of medicinal products for human use manu-factured or available in the Community should beguaranteed by requiring that the active substances usedin their composition comply with the principles of good
manufacturing practice in relation to those medicinal
products. It has proved necessary to reinforce theCommunity provisions on inspections and to compile
a Community register of the results of those inspections.
(20) Pharmacovigilance and, more generally, market
surveillance and sanctions in the event of failure tocomply with the provisions should be stepped up. Inthe field of pharmacovigilance, account should be
taken of the facilities offered by new information tech-
nologies to improve exchanges between Member States.
(21) As part of the proper use of medicinal products, therules on packaging should be adapted to take account
of the experience acquired.
(22) The measures necessary for the implementation of this
Directive should be adopted in accordance with CouncilDecision 1999/468/EC of 28 June 1999 laying downthe procedures for the exercise of implementingpowers conferred on the Commission (
1).
(23) Directive 2001/83/EC should be amended accordingly,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Directive 2001/83/EC is hereby amended as follows:
1) Article 1 shall be amended as follows:
(a) point 1 shall be deleted;
(b) point 2 shall be replaced by the following:
‘2. Medicinal product:
(a) Any substance or combination of substances
presented as having properties for treating orpreventing disease in human beings; or
(b) Any substance or combination of substances
which may be used in or administered tohuman beings either with a view to restoring,
correcting or modifying physiological functionsby exerting a pharmacological, immunologicalor metabolic action, or to making a medicaldiagnosis.’
(c) point 5 shall be replaced by the following:
‘5. Homeopathic medicinal product:
Any medicinal product prepared from substances
called homeopathic stocks in accordance with ahomeopathic manufacturing procedure described
by the European Pharmacopoeia or, in the
absence thereof, by the pharmacopoeias currently
used officially in the Member States. A homeo-
pathic medicinal product may contain a numberof principles.’;
(d) the Title of point 8 shall be replaced by ‘Kit’;
(e) the following point shall be inserted:
‘18a Representative of the marketing authorisation holder:
The person, commonly known as local represen-
tative, designated by the marketing authorisation
holder to represent him in the Member Stateconcerned’.
(f) point 20 shall be replaced by the following:
‘20. Name of the medicinal product:
The name, which may be either an invented name
not liable to confusion with the common name,or a common or scientific name accompanied bya trade mark or the name of the marketing auth-
orisation holder.’;
(g) the heading of point 26 shall be replaced by the
following:
(only concerns the Portuguese version);
(h) point 27 shall be replaced by the following:
‘27. Agency:
The European Medicines Agency established by
Regulation (EC) No 726/2004 (*);
___________
(*) OJ L 136, 30.4.2004, p. 1.’;EN L 136/36 Official Journal of the European Union 30.4.2004
(1) OJ L 184, 17.7.1999, p. 23.(i) point 28 shall be replaced by the following points:
‘28. Risks related to use of the medicinal product:
— any risk relating to the quality, safety or
efficacy of the medicinal product as regardspatients' health or public health;
— any risk of undesirable effects on the
environment;
28a. Risk-benefit balance:
An evaluation of the positive therapeutic effects
of the medicinal product in relation to the risksas defined in point 28, first indent.’;
2) Article 2 shall be replaced by the following:
‘Article 2
1. This Directive shall apply to medicinal products for
human use intended to be placed on the market inMember States and either prepared industrially or manu-factured by a method involving an industrial process.
2. In cases of doubt, where, taking into account all its
characteristics, a product may fall within the definition of
a “medicinal product” and within the definition of aproduct covered by other Community legislation the
provisions of this Directive shall apply.
3. Notwithstanding paragraph 1 and Article 3(4), Title
IV of this Directive shall apply to medicinal products
intended only for export and to intermediate products.’;
3) Article 3 shall be amended as follows:
(a) point 2 shall be replaced by the following:
‘2. Any medicinal product which is prepared in a
pharmacy in accordance with the prescriptions ofa pharmacopoeia and is intended to be supplieddirectly to the patients served by the pharmacy inquestion (commonly known as the officinalformula).’
(b) point 3 shall be replaced by the following:
‘3. Medicinal products intended for research and devel-
opment trials, but without prejudice to the
provisions of Directive 2001/20/EC of the
European Parliament and of the Council of 4 April2001 on the approximation of the laws, regulations
and administrative provisions of the Member Statesrelating to the implementation of good clinicalpractice in the conduct of clinical trials onmedicinal products for human use (*).
___________
(*) OJ L 121, 1.5.2001, p. 34.’;
(c) point 6 shall be replaced by the following:
‘6. Whole blood, plasma or blood cells of human
origin, except for plasma which is prepared by amethod involving an industrial process.’;
4) Article 5 shall be replaced by the following:
‘Article 5
1. A Member State may, in accordance with legislation
in force and to fulfil special needs, exclude from theprovisions of this Directive medicinal products suppliedin response to a bona fide unsolicited order, formulatedin accordance with the specifications of an authorisedhealth-care professional and for use by an individualpatient under his direct personal responsibility.
2. Member States may temporarily authorise the
distribution of an unauthorised medicinal product inresponse to the suspected or confirmed spread of path-ogenic agents, toxins, chemical agents or nuclearradiation any of which could cause harm.
3. Without prejudice to paragraph 1, Member States
shall lay down provisions in order to ensure thatmarketing authorisation holders, manufacturers andhealth professionals are not subject to civil or adminis-trative liability for any consequences resulting from theuse of a medicinal product otherwise than for the auth-orised indications or from the use of an unauthorisedmedicinal product, when such use is recommended orrequired by a competent authority in response to thesuspected or confirmed spread of pathogenic agents,toxins, chemical agents or nuclear radiation any ofwhich could cause harm. Such provisions shall applywhether or not national or Community authorisation has
been granted.
4. Liability for defective products, as provided for by
Council Directive 85/374/EEC of 25 July 1985 on theapproximation of the laws, regulations and administrative
provisions of the Member States, concerning liability for
defective products (*), shall not be affected by paragraph 3.
___________
(*) OJ L 210, 7.8.1985, p. 29. Directive as last amended
by Directive 1999/34/EC of the European Parliament
and of the Council (OJ L 141, 4.6.1999, p. 20).’;EN 30.4.2004 Official Journal of the European Union L 136/375) Article 6 shall be amended as follows:
(a) in paragraph 1, the following subparagraph shall be
added:
‘When a medicinal product has been granted an initial
marketing authorisation in accordance with the firstsubparagraph, any additional strengths, pharmaceuticalforms, administration routes, presentations, as well as
any variations and extensions shall also be granted anauthorisation in accordance with the first
subparagraph or be included in the initial marketingauthorisation. All these marketing authorisations shallbe considered as belonging to the same globalmarketing authorisation, in particular for the purposeof the application of Article 10(1).’;
(b) the following paragraph shall be inserted:
‘1a The marketing authorisation holder shall be
responsible for marketing the medicinal product. Thedesignation of a representative shall not relieve the
marketing authorisation holder of his legal responsi-
bility.’;
(c) in paragraph 2, ‘radionuclide kits’ shall be replaced by
‘kits’;
6) in Article 7, ‘radionuclide kits’ shall be replaced by ‘kits’;
7) Article 8(3) shall be amended as follows:
(a) points (b) and (c) shall be replaced by the following:
‘(b) Name of the medicinal product.
(c) Qualitative and quantitative particulars of all the
constituents of the medicinal product, includingthe reference to its international non-proprietaryname (INN) recommended by the WHO, where an
INN for the medicinal product exists, or a
reference to the relevant chemical name;’;
(b) the following point shall be inserted:
‘(ca) Evaluation of the potential environmental risks
posed by the medicinal product. This impact
shall be assessed and, on a case-by-case basis,
specific arrangements to limit it shall beenvisaged.’;
(c) points (g), (h), (i) and (j) shall be replaced by the
following points:
‘(g) Reasons for any precautionary and safety
measures to be taken for the storage of themedicinal product, its administration to patientsand for the disposal of waste products, togetherwith an indication of potential risks presented by
the medicinal product for the environment.
(h) Description of the control methods employed by
the manufacturer.
(i) Results of:
— pharmaceutical (physico-chemical, biological
or microbiological) tests,
— pre-clinical (toxicological and pharmaco-
logical) tests,
— clinical trials.
(ia) A detailed description of the pharmacovigilance
and, where appropriate, of the risk-management
system which the applicant will introduce.
(ib) A statement to the effect that clinical trials
carried out outside the European Union meet
the ethical requirements of Directive 2001/20/EC.
(j) A summary, in accordance with Article 11, of the
product characteristics, a mock-up of the outer
packaging, containing the details provided for inArticle 54, and of the immediate packaging ofthe medicinal product, containing the detailsprovided for in Article 55, together with apackage leaflet in accordance with Article 59.’;
(d) the following points shall be added:
‘(m) A copy of any designation of the medicinal
product as an orphan medicinal product underRegulation (EC) No 141/2000 of the EuropeanParliament and of the Council of 16 December1999 on orphan medicinal products (*), accom-panied by a copy of the relevant Agency opinion.
(n) Proof that the applicant has the services of a
qualified person responsible for phar-macovigilance and has the necessary means forthe notification of any adverse reactionsuspected of occurring either in the Communityor in a third country.
___________
(*) OJ L 18, 22.1.2000, p. 1.’;
(e) the following subparagraph shall be added:
‘The documents and information concerning the results
of the pharmaceutical and pre-clinical tests and the
clinical trials referred to in point (i) of the firstsubparagraph shall be accompanied by detailedsummaries in accordance with Article 12.’;EN L 136/38 Official Journal of the European Union 30.4.20048) Article 10 shall be replaced by the following:
‘Article 10
1. By way of derogation from Article 8(3)(i), and
without prejudice to the law relating to the protection ofindustrial and commercial property, the applicant shall not
be required to provide the results of pre-clinical tests and
of clinical trials if he can demonstrate that the medicinalproduct is a generic of a reference medicinal productwhich is or has been authorised under Article 6 for notless than eight years in a Member State or in theCommunity.
A generic medicinal product authorised pursuant to this
provision shall not be placed on the market until ten years
have elapsed from the initial authorisation of the referenceproduct.
The first subparagraph shall also apply if the reference
medicinal product was not authorised in the MemberState in which the application for the generic medicinalproduct is submitted. In this case, the applicant shall
indicate in the application form the name of the
Member State in which the reference medicinal product
is or has been authorised. At the request of thecompetent authority of the Member State in which theapplication is submitted, the competent authority of theother Member State shall transmit within a period of onemonth, a confirmation that the reference medicinal
product is or has been authorised together with the full
composition of the reference product and if necessaryother relevant documentation.
The ten-year period referred to in the second subparagraph
shall be extended to a maximum of eleven years if, duringthe first eight years of those ten years, the marketing
authorisation holder obtains an authorisation for one or
more new therapeutic indications which, during thescientific evaluation prior to their authorisation, are heldto bring a significant clinical benefit in comparison withexisting therapies.
2. For the purposes of this Article:
(a) “reference medicinal product” shall mean a medicinal
product authorised under Article 6, in accordance with
the provisions of Article 8;
(b) “generic medicinal product” shall mean a medicinal
product which has the same qualitative and quanti-
tative composition in active substances and the same
pharmaceutical form as the reference medicinalproduct, and whose bioequivalence with the reference
medicinal product has been demonstrated by appro-
priate bioavailability studies. The different salts,esters, ethers, isomers, mixtures of isomers,complexes or derivatives of an active substance shallbe considered to be the same active substance, unless
they differ significantly in properties with regard to
safety and/or efficacy. In such cases, additionalinformation providing proof of the safety and/orefficacy of the various salts, esters or derivatives ofan authorised active substance must be supplied by
the applicant. The various immediate-release oral phar-maceutical forms shall be considered to be one and thesame pharmaceutical form. Bioavailability studies neednot be required of the applicant if he can demonstratethat the generic medicinal product meets the relevant
criteria as defined in the appropriate detailed
guidelines.
3. In cases where the medicinal product does not fall
within the definition of a generic medicinal product asprovided in paragraph 2(b) or where the bioequivalence
cannot be demonstrated through bioavailability studies or
in case of changes in the active substance(s), therapeuticindications, strength, pharmaceutical form or route ofadministration, vis-à-vis the reference medicinal product,the results of the appropriate pre-clinical tests or clinicaltrials shall be provided.
4. Where a biological medicinal product which is
similar to a reference biological product does not meetthe conditions in the definition of generic medicinalproducts, owing to, in particular, differences relating to
raw materials or differences in manufacturing processes
of the biological medicinal product and the referencebiological medicinal product, the results of appropriatepre-clinical tests or clinical trials relating to theseconditions must be provided. The type and quantity ofsupplementary data to be provided must comply withthe relevant criteria stated in Annex I and the relateddetailed guidelines. The results of other tests and trialsfrom the reference medicinal product's dossier shall notbe provided.
5. In addition to the provisions laid down in paragraph
1, where an application is made for a new indication for a
well-established substance, a non-cumulative period of one
year of data exclusivity shall be granted, provided thatsignificant pre-clinical or clinical studies were carried out
in relation to the new indication.
6. Conducting the necessary studies and trials with a
view to the application of paragraphs 1, 2, 3 and 4 and
the consequential practical requirements shall not beregarded as contrary to patent rights or to supplementaryprotection certificates for medicinal products.’;
9) the following Articles shall be inserted:
‘Article 10a
By way of derogation from Article 8(3)(i), and without
prejudice to the law relating to the protection of industrial
and commercial property, the applicant shall not be
required to provide the results of pre-clinical tests or
clinical trials if he can demonstrate that the activesubstances of the medicinal product have been in well-established medicinal use within the Community for atleast ten years, with recognised efficacy and an acceptablelevel of safety in terms of the conditions set out in Annex
I. In that event, the test and trial results shall be replaced
by appropriate scientific literature.EN 30.4.2004 Official Journal of the European Union L 136/39Article 10b
In the case of medicinal products containing active
substances used in the composition of authorisedmedicinal products but not hitherto used in combinationfor therapeutic purposes, the results of new pre-clinicaltests or new clinical trials relating to that combination
shall be provided in accordance with Article 8(3)(i), but
it shall not be necessary to provide scientific references
relating to each individual active substance.
Article 10c
Following the granting of a marketing authorisation, the
authorisation holder may allow use to be made of thepharmaceutical, pre-clinical and clinical documentationcontained in the file on the medicinal product, with aview to examining subsequent applications relating to
other medicinal products possessing the same qualitative
and quantitative composition in terms of active substancesand the same pharmaceutical form.’;
10) Article 11 shall be replaced by the following:
‘Article 11
The summary of the product characteristics shall contain,
in the order indicated below, the following information:
1. name of the medicinal product followed by the
strength and the pharmaceutical form.
2. qualitative and quantitative composition in terms of
the active substances and constituents of the excipient,
knowledge of which is essential for proper adminis-
tration of the medicinal product. The usual commonname or chemical description shall be used.
3. pharmaceutical form.
4. clinical particulars:
4.1. therapeutic indications,4.2. posology and method of administration for
adults and, where necessary for children,
4.3. contra-indications,
4.4. special warnings and precautions for use and, in
the case of immunological medicinal products,any special precautions to be taken by personshandling such products and administering themto patients, together with any precautions to betaken by the patient,4.5. interaction with other medicinal products and
other forms of interactions,
4.6. use during pregnancy and lactation,
4.7. effects on ability to drive and to use machines,
4.8. undesirable effects,
4.9. overdose (symptoms, emergency procedures,
antidotes).
5. pharmacological properties:
5.1. pharmacodynamic properties,
5.2. pharmacokinetic properties,
5.3. preclinical safety data.
6. pharmaceutical particulars:
6.1. list of excipients,
6.2. major incompatibilities,
6.3. shelf life, when necessary after reconstitution of
the medicinal product or when the immediatepackaging is opened for the first time,
6.4. special precautions for storage,
6.5. nature and contents of container,
6.6. special precautions for disposal of a used
medicinal product or waste materials derivedfrom such medicinal product, if appropriate.
7. marketing authorisation holder.
8. marketing authorisation number(s).
9. date of the first authorisation or renewal of the auth-
orisation.
10. date of revision of the text.
11. for radiopharmaceuticals, full details of internal
radiation dosimetry.
12. for radiopharmaceuticals, additional detailed
instructions for extemporaneous preparation and
quality control of such preparation and, where appro-priate, maximum storage time during which any inter-mediate preparation such as an eluate or the ready-to-use pharmaceutical will conform with its specifi-cations.EN L 136/40 Official Journal of the European Union 30.4.2004For authorisations under Article 10, those parts of the
summary of product characteristics of the referencemedicinal product referring to indications or dosageforms which were still covered by patent law at the timewhen a generic medicine was marketed need not beincluded.’;
11) Article 12 shall be replaced by the following:
‘Article 12
1. The applicant shall ensure that, before the detailed
summaries referred to in the last subparagraph of Article8(3) are submitted to the competent authorities, they havebeen drawn up and signed by experts with the necessarytechnical or professional qualifications, which shall be set
out in a brief curriculum vitae.
2. Persons having the technical and professional qualifi-
cations referred to in paragraph 1 shall justify any use
made of scientific literature under Article 10a inaccordance with the conditions set out in Annex I.
3. The detailed summaries shall form part of the file
which the applicant submits to the competent authorities.’;
12) Article 13 shall be replaced by the following:
‘Article 13
1. Member States shall ensure that homeopathic
medicinal products manufactured and placed on the
market within the Community are registered or authorisedin accordance with Articles 14, 15 and 16, except wheresuch medicinal products are covered by a registration orauthorisation granted in accordance with national legis-lation on or before 31 December 1993. In case of regis-trations, Article 28 and Article 29(1) to (3) shall apply.
2. Member States shall establish a special simplified
registration procedure for the homeopathic medicinal
products referred to in Article 14.’;
13) Article 14 shall be amended as follows:
(a) in paragraph 1, the following second subparagraph
shall be inserted:
‘If new scientific evidence so warrants, the Commission
may amend the third indent of the first subparagraphby the procedure referred to in Article 121(2).’;
(b) paragraph 3 shall be deleted;14) Article 15 shall be amended as follows:
(a) the second indent shall be replaced by the following:
‘— dossier describing how the homeopathic stock or
stocks is/are obtained and controlled, andjustifying its/their homeopathic use, on the basis
of an adequate bibliography,’;
(b) the sixth indent shall be replaced by the following:
‘— one or more mock-ups of the outer packaging and
the immediate packaging of the medicinal
products to be registered,’;
15) Article 16 shall be amended as follows:
(a) in paragraph 1, ‘Articles 8, 10 and 11’ shall be
replaced by ‘Articles 8, 10, 10a, 10b, 10c and 11’.
(b) in paragraph 2, ‘toxicological and pharmacological
tests’ shall be replaced by ‘pre-clinical tests’;
16) Articles 17 and 18 shall be replaced by the following:
‘Article 17
1. Member States shall take all appropriate measures to
ensure that the procedure for granting a marketing auth-
orisation for medicinal products is completed within a
maximum of 210 days after the submission of a validapplication.
Applications for marketing authorisations in two or more
Member States in respect of the same medicinal productshall be submitted in accordance with Articles 27 to 39.
2. Where a Member State notes that another marketing
authorisation application for the same medicinal product isbeing examined in another Member State, the MemberState concerned shall decline to assess the applicationand shall advise the applicant that Articles 27 to 39 apply.
Article 18
Where a Member State is informed in accordance with
Article 8(3)(1) that another Member State has authoriseda medicinal product which is the subject of a marketingauthorisation application in the Member State concerned,it shall reject the application unless it was submitted incompliance with Articles 27 to 39.’;EN 30.4.2004 Official Journal of the European Union L 136/4117) Article 19 shall be amended as follows:
(a) in the introductory sentence, ‘Articles 8 and 10(1)’
shall be replaced by ‘Articles 8, 10, 10a, 10b and 10c’;
(b) in point 1, ‘Articles 8 and 10(1)’ shall be replaced by
‘Articles 8, 10, 10a, 10b and 10c’;
(c) in point 2, ‘a State laboratory or a laboratory
designated for that purpose’ shall be replaced by ‘anOfficial Medicines Control Laboratory or a laboratorythat a Member State has designated for that purpose’;
(d) in point 3, ‘Articles 8(3) and 10(1)’ shall be replaced by
‘Articles 8(3), 10, 10a, 10b and 10c’;
18) in point (b) of Article 20, ‘in exceptional and justifiable
cases’ shall be replaced by ‘in justifiable cases’;
19) in Article 21, paragraphs 3 and 4 shall be replaced by the
following:
‘3. The competent authorities shall make publicly
available without delay the marketing authorisationtogether with the summary of the product characteristicsfor each medicinal product which they have authorised.
4. The competent authorities shall draw up an
assessment report and comments on the file as regardsthe results of the pharmaceutical and pre-clinical testsand the clinical trials of the medicinal product concerned.The assessment report shall be updated whenever new
information becomes available which is of importance
for the evaluation of the quality, safety or efficacy of themedicinal product concerned.
The competent authorities shall make publicly accessible
without delay the assessment report, together with the
reasons for their opinion, after deletion of any information
of a commercially confidential nature. The justificationshall be provided separately for each indication appliedfor.’;
20) Article 22 shall be replaced by the following:
‘Article 22
In exceptional circumstances and following consultation
with the applicant, the authorisation may be granted
subject to a requirement for the applicant to meet
certain conditions, in particular concerning the safety ofthe medicinal product, notification to the competent auth-orities of any incident relating to its use, and action to betaken. This authorisation may be granted only forobjective, verifiable reasons and must be based on one
of the grounds set out in Annex I. Continuation of theauthorisation shall be linked to the annual reassessment ofthese conditions. The list of these conditions shall be madepublicly accessible without delay, together with deadlinesand dates of fulfilment.’;
21) in Article 23, the following paragraphs shall be added:
‘The authorisation holder shall forthwith supply to the
competent authority any new information which might
entail the amendment of the particulars or documentsreferred to in Articles 8(3), 10, 10a, 10b and 11, or32(5), or Annex I.
In particular, he shall forthwith inform the competent
authority of any prohibition or restriction imposed bythe competent authorities of any country in which the
medicinal product for human use is marketed and of
any other new information which might influence the
evaluation of the benefits and risks of the medicinal
product for human use concerned.
In order that the risk-benefit balance may be continuously
assessed, the competent authority may at any time ask theholder of the marketing authorisation to forward datademonstrating that the risk-benefit balance remains
favourable.’;
22) the following Article shall be inserted:
‘Article 23a
After a marketing authorisation has been granted, the
holder of the authorisation shall inform the competentauthority of the authorising Member State of the date ofactual marketing of the medicinal product for human usein that Member State, taking into account the various
presentations authorised.
The holder shall also notify the competent authority if the
product ceases to be placed on the market of the MemberState, either temporarily or permanently. Such notificationshall, otherwise than in exceptional circumstances, bemade no less than 2 months before the interruption in
the placing on the market of the product.
Upon request by the competent authority, particularly in
the context of pharmacovigilance, the marketing author-isation holder shall provide the competent authority withall data relating to the volume of sales of the medicinalproduct, and any data in his possession relating to thevolume of prescriptions.’;EN L 136/42 Official Journal of the European Union 30.4.200423) Article 24 shall be replaced by the following:
‘Article 24
1. Without prejudice to paragraphs 4 and 5, a
marketing authorisation shall be valid for five years.
2. The marketing authorisation may be renewed after
five years on the basis of a re-evaluation of the risk-benefitbalance by the competent authority of the authorisingMember State.
To this end, the marketing authorisation holder shall
provide the competent authority with a consolidated
version of the file in respect of quality, safety and
efficacy, including all variations introduced since themarketing authorisation was granted, at least six monthsbefore the marketing authorisation ceases to be valid in
accordance with paragraph 1.
3. Once renewed, the marketing authorisation shall be
valid for an unlimited period, unless the competent
authority decides, on justified grounds relating to phar-
macovigilance, to proceed with one additional five-yearrenewal in accordance with paragraph 2.
4. Any authorisation which within three years of its
granting is not followed by the actual placing on themarket of the authorised product in the authorisingMember State shall cease to be valid.
5. When an authorised product previously placed on
the market in the authorising Member State is no longeractually present on the market for a period of threeconsecutive years, the authorisation for that productshall cease to be valid.
6. The competent authority may, in exceptional circum-
stances and on public health grounds grant exemptions
from paragraphs 4 and 5. Such exemptions must beduly justified.’;
24) Article 26 shall be replaced by the following:
‘Article 26
1. The marketing authorisation shall be refused if, after
verification of the particulars and documents listed inArticles 8, 10, 10a, 10b and 10c, it is clear that:
(a) the risk-benefit balance is not considered to be
favourable; or
(b) its therapeutic efficacy is insufficiently substantiated by
the applicant; or(c) its qualitative and quantitative composition is not as
declared.
2. Authorisation shall likewise be refused if any
particulars or documents submitted in support of theapplication do not comply with Articles 8, 10, 10a, 10b
and 10c.
3. The applicant or the holder of a marketing author-
isation shall be responsible for the accuracy of thedocuments and the data submitted.’;
25) the heading of Chapter 4 of Title III shall be replaced by
the following:
‘
CHAPTER 4
Mutual recognition procedure and decentralised
procedure ’;
26) Articles 27 to 32 shall be replaced by the following:
‘Article 27
1. A coordination group shall be set up for the exam-
ination of any question relating to marketing authorisationof a medicinal product in two or more Member States inaccordance with the procedures laid down in this Chapter.The Agency shall provide the secretariat of this coor-dination group.
2. The coordination group shall be composed of one
representative per Member State appointed for a renewable
period of three years. Members of the coordination group
may arrange to be accompanied by experts.
3. The coordination group shall draw up its own Rules
of Procedure, which shall enter into force after afavourable opinion has been given by the Commission.These Rules of Procedure shall be made public.
Article 28
1. With a view to the granting of a marketing author-
isation for a medicinal product in more than one MemberState, an applicant shall submit an application based on anidentical dossier in these Member States. The dossier shallcontain the information and documents referred to inArticles 8, 10, 10a, 10b, 10c and 11. The documentssubmitted shall include a list of Member States
concerned by the application.
The applicant shall request one Member State to act as
“reference Member State” and to prepare an assessmentreport on the medicinal product in accordance withparagraphs 2 or 3.EN 30.4.2004 Official Journal of the European Union L 136/432. Where the medicinal product has already received a
marketing authorisation at the time of application, theconcerned Member States shall recognise the marketingauthorisation granted by the reference Member State. Tothis end, the marketing authorisation holder shall requestthe reference Member State either to prepare anassessment report on the medicinal product or, ifnecessary, to update any existing assessment report. The
reference Member State shall prepare or update the
assessment report within 90 days of receipt of a validapplication. The assessment report together with theapproved summary of product characteristics, labellingand package leaflet shall be sent to the concerned
Member States and to the applicant.
3. In cases where the medicinal product has not
received a marketing authorisation at the time ofapplication, the applicant shall request the referenceMember State to prepare a draft assessment report, adraft summary of product characteristics and a draft ofthe labelling and package leaflet. The reference Member
State shall prepare these draft documents within 120
days after receipt of a valid application and shall sendthem to the concerned Member States and to theapplicant.
4. Within 90 days of receipt of the documents referred
to in paragraphs 2 and 3, the Member States concerned
shall approve the assessment report, the summary of
product characteristics and the labelling and packageleaflet and shall inform the reference Member Stateaccordingly. The reference Member State shall record theagreement of all parties, close the procedure and informthe applicant accordingly.
5. Each Member State in which an application has been
submitted in accordance with paragraph 1 shall adopt adecision in conformity with the approved assessmentreport, the summary of product characteristics and thelabelling and package leaflet as approved, within 30 daysafter acknowledgement of the agreement.
Article 291. If, within the period laid down in Article 28(4), a
Member State cannot approve the assessment report, thesummary of product characteristics, the labelling and the
package leaflet on the grounds of potential serious risk to
public health, it shall give a detailed exposition of thereasons for its position to the reference Member State, tothe other Member States concerned and to the applicant.The points of disagreement shall be forthwith referred tothe coordination group.
2. Guidelines to be adopted by the Commission shall
define a potential serious risk to public health.
3. Within the coordination group, all Member States
referred to in paragraph 1 shall use their best endeavoursto reach agreement on the action to be taken. They shall
allow the applicant the opportunity to make his point ofview known orally or in writing. If, within 60 days of thecommunication of the points of disagreement, the MemberStates reach an agreement, the reference Member Stateshall record the agreement, close the procedure andinform the applicant accordingly. Article 28(5) shall apply.
4. If the Member States fail to reach an agreement
within the 60-day period laid down in paragraph 3, theAgency shall be immediately informed, with a view to the
application of the procedure under Articles 32, 33 and 34.
The Agency shall be provided with a detailed statement ofthe matters on which the Member States have been unableto reach agreement and the reasons for their disagreement.A copy shall be forwarded to the applicant.
5. As soon as the applicant is informed that the matter
has been referred to the Agency, he shall forthwithforward to the Agency a copy of the information anddocuments referred to in the first subparagraph ofArticle 28(1).
6. In the circumstances referred to in paragraph 4,
Member States that have approved the assessment report,
the draft summary of product characteristics and the
labelling and package leaflet of the reference MemberState may, at the request of the applicant, authorise themedicinal product without waiting for the outcome of theprocedure laid down in Article 32. In that event, theauthorisation granted shall be without prejudice to theoutcome of that procedure.
Article 30
1. If two or more applications submitted in accordance
with Articles 8, 10, 10a, 10b, 10c and 11 have been madefor marketing authorisation for a particular medicinalproduct, and if Member States have adopted divergentdecisions concerning the authorisation of the medicinalproduct or its suspension or revocation, a Member State,the Commission or the applicant or the marketing auth-orisation holder may refer the matter to the Committee forMedicinal Products for Human Use, hereinafter referred to
as “the Committee”, for the application of the procedure
laid down in Articles 32, 33 and 34.
2. In order to promote harmonisation of authorisations
for medicinal products authorised in the Community,Member States shall, each year, forward to the coor-dination group a list of medicinal products for which a
harmonised summary of product characteristics should be
drawn up.
The coordination group shall lay down a list taking into
account the proposals from all Member States and shallforward this list to the Commission.EN L 136/44 Official Journal of the European Union 30.4.2004The Commission or a Member State, in agreement with
the Agency and taking into account the views of interestedparties, may refer these products to the Committee inaccordance with paragraph 1.
Article 31
1. The Member States or the Commission or the
applicant or the marketing authorisation holder shall, inspecific cases where the interests of the Community areinvolved, refer the matter to the Committee for applicationof the procedure laid down in Articles 32, 33 and 34before any decision is reached on a request for amarketing authorisation or on the suspension or revo-cation of an authorisation, or on any other variation tothe terms of a marketing authorisation which appears
necessary, in particular to take account of the information
collected in accordance with Title IX.
The Member State concerned or the Commission shall
clearly identify the question which is referred to theCommittee for consideration and shall inform theapplicant or the marketing authorisation holder.
The Member States and the applicant or the marketing
authorisation holder shall supply the Committee with allavailable information relating to the matter in question.
2. Where the referral to the Committee concerns a
range of medicinal products or a therapeutic class, theAgency may limit the procedure to certain specific partsof the authorisation.
In that event, Article 35 shall apply to those medicinal
products only if they were covered by the authorisationprocedures referred to in this Chapter.
Article 32
1. When reference is made to the procedure laid down
in this Article, the Committee shall consider the matterconcerned and shall issue a reasoned opinion within 60days of the date on which the matter was referred to it.
However, in cases submitted to the Committee in
accordance with Articles 30 and 31, this period may be
extended by the Committee for a further period of up to90 days, taking into account the views of the applicants orthe marketing authorisation holders concerned.
In an emergency, and on a proposal from its Chairman,
the Committee may agree to a shorter deadline.
2. In order to consider the matter, the Committee shall
appoint one of its members to act as rapporteur. TheCommittee may also appoint individual experts to adviseit on specific questions. When appointing experts, theCommittee shall define their tasks and specify thetime-limit for the completion of these tasks.3. Before issuing its opinion, the Committee shall
provide the applicant or the marketing authorisationholder with an opportunity to present written or oralexplanations within a time limit which it shall specify.
The opinion of the Committee shall be accompanied by a
draft summary of product characteristics for the productand a draft text of the labelling and package leaflet.
If necessary, the Committee may call upon any other
person to provide information relating to the matterbefore it.
The Committee may suspend the time-limits referred to in
paragraph 1 in order to allow the applicant or themarketing authorisation holder to prepare explanations.
4. The Agency shall forthwith inform the applicant or
the marketing authorisation holder where the opinion of
the Committee is that:
(a) the application does not satisfy the criteria for author-
isation; or
(b) the summary of the product characteristics proposed
by the applicant or the marketing authorisation holderin accordance with Article 11 should be amended; or
(c) the authorisation should be granted subject to certain
conditions, in view of conditions considered essential
for the safe and effective use of the medicinal product
including pharmacovigilance; or
(d) a marketing authorisation should be suspended, varied
or revoked.
Within 15 days after receipt of the opinion, the applicant
or the marketing authorisation holder may notify theAgency in writing of his intention to request a re-exam-ination of the opinion. In that case, he shall forward to theAgency the detailed grounds for the request within 60
days after receipt of the opinion.
Within 60 days following receipt of the grounds for the
request, the Committee shall re-examine its opinion inaccordance with the fourth subparagraph of Article 62(1)
of Regulation (EC) No 726/2004. The reasons for the
conclusion reached shall be annexed to the assessment
report referred to in paragraph 5 of this Article.
5. Within 15 days after its adoption, the Agency shall
forward the final opinion of the Committee to the MemberStates, to the Commission and to the applicant or themarketing authorisation holder, together with a reportdescribing the assessment of the medicinal product andstating the reasons for its conclusions.EN 30.4.2004 Official Journal of the European Union L 136/45In the event of an opinion in favour of granting or main-
taining an authorisation to place the medicinal productconcerned on the market, the following documents shallbe annexed to the opinion:
(a) a draft summary of the product characteristics, as
referred to in Article 11;
(b) any conditions affecting the authorisation within the
meaning of paragraph 4(c);
(c) details of any recommended conditions or restrictions
with regard to the safe and effective use of themedicinal product;
(d) the proposed text of the labelling and leaflet.’
27) Article 33 shall be amended as follows:
(a) in the first paragraph, ‘30 days’ shall be replaced by ‘15
days’;
(b) in the second paragraph, ‘Article 32(5)(a) and (b)’ shall
be replaced by ‘Article 32(5), second subparagraph’;
(c) in the fourth paragraph, the words ‘or the marketing
authorisation holder’ shall be added after the word‘applicant’;
28) Article 34 shall be replaced by the following:
‘Article 34
1. The Commission shall take a final decision in
accordance with, and within 15 days after the end of,the procedure referred to in Article 121(3).
2. The rules of procedure of the Standing Committee
established by Article 121(1) shall be adjusted to takeaccount of the tasks incumbent upon it under thisChapter.
Those adjustments shall entail the following provisions:(a) except in cases referred to in the third paragraph of
Article 33, the opinion of the Standing Committeeshall be given in writing;
(b) Member States shall have 22 days to forward their
written observations on the draft decision to the
Commission. However, if a decision has to be taken
urgently, a shorter time-limit may be set by theChairman according to the degree of urgencyinvolved. This time-limit shall not, otherwise than inexceptional circumstances, be shorter than 5 days;(c) Member States shall have the option of submitting a
written request that the draft Decision be discussed ina plenary meeting of the Standing Committee.
Where, in the opinion of the Commission, the written
observations of a Member State raise important newquestions of a scientific or technical nature which havenot been addressed in the opinion delivered by the
Agency, the Chairman shall suspend the procedure and
refer the application back to the Agency for furtherconsideration.
The provisions necessary for the implementation of this
paragraph shall be adopted by the Commission inaccordance with the procedure referred to in Article121(2).
3. The decision as referred to in paragraph 1 shall be
addressed to all Member States and reported forinformation to the marketing authorisation holder orapplicant. The concerned Member States and thereference Member State shall either grant or revoke the
marketing authorisation, or vary its terms as necessary to
comply with the decision within 30 days following itsnotification, and they shall refer to it. They shall inform
the Commission and the Agency accordingly.’;
29) the third subparagraph of Article 35(1) shall be deleted;
30) in Article 38, paragraph 2 shall be replaced by the
following:
‘2. At least every ten years the Commission shall
publish a report on the experience acquired on the basis
of the procedures described in this Chapter and shall
propose any amendments which may be necessary to
improve those procedures. The Commission shall submit
this report to the European Parliament and to theCouncil.’;
31) Article 39 shall be replaced by the following:
‘Article 39
Article 29(4), (5) and (6) and Articles 30 to 34 shall not
apply to the homeopathic medicinal products referred toin Article 14.
Articles 28 to 34 shall not apply to the homeopathic
medicinal products referred to in Article 16(2).’;
32) the following paragraph shall be added to Article 40:
‘4. The Member States shall forward to the Agency a
copy of the authorisation referred to in paragraph 1. TheAgency shall enter that information on the Communitydatabase referred to in Article 111(6).’;EN L 136/46 Official Journal of the European Union 30.4.200433) in Article 46, point (f) shall be replaced by the following:
‘(f) to comply with the principles and guidelines of good
manufacturing practice for medicinal products and touse as starting materials only active substances, whichhave been manufactured in accordance with thedetailed guidelines on good manufacturing practicefor starting materials.
This point shall also be applicable to certain
excipients, the list of which as well as the specific
conditions of application shall be established by a
Directive adopted by the Commission in accordancewith the procedure referred to in Article 121(2).’;
34) the following Article shall be inserted:
‘Article 46a
1. For the purposes of this Directive, manufacture of
active substances used as starting materials shall includeboth total and partial manufacture or import of an activesubstance used as a starting material as defined in Part I,point 3.2.1.1 (b) Annex I, and the various processes ofdividing up, packaging or presentation prior to its incor-
poration into a medicinal product, including repackaging
or re-labelling, such as are carried out by a distributor of
starting materials.
2. Any amendments necessary to adapt paragraph 1 to
new scientific and technical developments shall be laid
down in accordance with the procedure referred to in
Article 121(2).’;
35) in Article 47, the following paragraphs shall be added:
‘The principles of good manufacturing practice for active
substances used as starting materials referred to in point (f)
of Article 46 shall be adopted in the form of detailed
guidelines.
The Commission shall also publish guidelines on the form
and content of the authorisation referred to in Article
40(1), on the reports referred to in Article 111(3) andon the form and content of the certificate of good manu-facturing practice referred to in Article 111(5).’;
36) in Article 49(1), ‘minimum’ shall be deleted;
37) in Article 49(2), fourth subparagraph, first indent ‘Applied
physics’ shall be replaced by ‘Experimental physics’;
38) in Article 50(1), ‘in the State concerned’ shall be replaced
by ‘within the Community’;39) in Article 51(1), point (b) shall be replaced by the
following:
‘(b) in the case of medicinal products coming from third
countries, irrespective of whether the product has
been manufactured in the Community, that each
production batch has undergone in a Member Statea full qualitative analysis, a quantitative analysis of atleast all the active substances and all the other tests orchecks necessary to ensure the quality of medicinalproducts in accordance with the requirements of themarketing authorisation.’;
40) Article 54 shall be amended as follows:
(a) point (a) shall be replaced by the following:
‘(a)
the name of the medicinal product followed by its
strength and pharmaceutical form, and, if appro-priate, whether it is intended for babies, children
or adults; where the product contains up to three
active substances, the international non-proprietaryname (INN) shall be included, or, if one does notexist, the common name;’;
(b) in point (d), ‘guidelines’ shall be replaced by ‘detailed
guidance’;
(c) Point (e) shall be replaced by the following:
‘(e) the method of administration and, if necessary, the
route of administration. Space shall be provided
for the prescribed dose to be indicated.’;
(d) point (f) shall be replaced by the following:
‘(f) a special warning that the medicinal product must
be stored out of the reach and sight of children;’;
(e) Point (j) shall be replaced by the following:
‘(j) specific precautions relating to the disposal of
unused medicinal products or waste derived frommedicinal products, where appropriate, as well as
reference to any appropriate collection system in
place;’;
(f) point (k) shall be replaced by the following:
‘(k) the name and address of the marketing author-
isation holder and, where applicable, the nameof the representative appointed by the holder to
represent him;’;
(g) point (n) shall be replaced by the following:
‘(n) in the case of non-prescription medicinal
products, instructions for use’;EN 30.4.2004 Official Journal of the European Union L 136/4741) Article 55 shall be amended as follows:
(a) in paragraph 1, ‘in Articles 54 and 62’ shall be
replaced by ‘in Article 54’;
(b) the first indent of paragraph 2 shall be replaced by the
following:
‘— the name of the medicinal product as laid down in
point (a) of Article 54,’;
(c) the first indent of paragraph 3 shall be replaced by the
following:
‘— the name of the medicinal product as laid down in
point (a) of Article 54 and, if necessary, the routeof administration,’;
42) the following Article shall be inserted:
‘Article 56a
The name of the medicinal product, as referred to in
Article 54, point (a) must also be expressed in Brailleformat on the packaging. The marketing authorisationholder shall ensure that the package information leafletis made available on request from patients' organisationsin formats appropriate for the blind and partially-sighted.’
43) in Article 57, the following paragraph shall be added:
‘For medicinal products authorised under Regulation (EC)
No 726/2004, Member States shall, when applying this
Article, observe the detailed guidance referred to inArticle 65 of this Directive.’;
44) Article 59 shall be replaced by the following:
‘Article 59
1. The package leaflet shall be drawn up in accordance
with the summary of the product characteristics; it shallinclude, in the following order:
(a) for the identification of the medicinal product:
(i) the name of the medicinal product followed by its
strength and pharmaceutical form, and, if appro-
priate, whether it is intended for babies, children oradults. The common name shall be included wherethe product contains only one active substance andif its name is an invented name;
(ii) the pharmaco-therapeutic group or type of activity
in terms easily comprehensible for the patient;(b) the therapeutic indications;
(c) a list of information which is necessary before the
medicinal product is taken:
(i) contra-indications;
(ii) appropriate precautions for use;
(iii) forms of interaction with other medicinal products
and other forms of interaction (e.g. alcohol,
tobacco, foodstuffs) which may affect the actionof the medicinal product;
(iv) special warnings;
(d) the necessary and usual instructions for proper use,
and in particular:
(i) the dosage,
(ii) the method and, if necessary, route of adminis-
tration;
(iii) the frequency of administration, specifying if
necessary the appropriate time at which themedicinal product may or must be administered;
and, as appropriate, depending on the nature of the
product:
(iv) the duration of treatment, where it should be
limited;
(v) the action to be taken in case of an overdose
(such as symptoms, emergency procedures);
(vi) what to do when one or more doses have not
been taken;
(vii) indication, if necessary, of the risk of withdrawal
effects;
(viii) a specific recommendation to consult the doctor
or the pharmacist, as appropriate, for any clari-fication on the use of the product;
(e) a description of the adverse reactions which may occur
under normal use of the medicinal product and, ifnecessary, the action to be taken in such a case; thepatient should be expressly asked to communicate anyadverse reaction which is not mentioned in thepackage leaflet to his doctor or pharmacist;EN L 136/48 Official Journal of the European Union 30.4.2004(f) a reference to the expiry date indicated on the label,
with:
(i) a warning against using the product after that
date;
(ii) where appropriate, special storage precautions;
(iii) if necessary, a warning concerning certain visible
signs of deterioration;
(iv) the full qualitative composition (in active
substances and excipients) and the quantitative
composition in active substances, using common
names, for each presentation of the medicinal
product;
(v) for each presentation of the product, the phar-
maceutical form and content in weight, volumeor units of dosage;
(vi) the name and address of the marketing author-
isation holder and, where applicable, the name ofhis appointed representatives in the MemberStates;
(vii) the name and address of the manufacturer;
(g) where the medicinal product is authorised in
accordance with Articles 28 to 39 under differentnames in the Member States concerned, a list of thenames authorised in each Member State;
(h) the date on which the package leaflet was last revised.2. The list set out in point (c) of paragraph 1 shall:
(a) take into account the particular condition of certain
categories of users (children, pregnant or breastfeedingwomen, the elderly, persons with specific pathological
conditions);
(b) mention, if appropriate, possible effects on the ability
to drive vehicles or to operate machinery;
(c) list those excipients knowledge of which is important
for the safe and effective use of the medicinal productand which are included in the detailed guidancepublished pursuant to Article 65.
3. The package leaflet shall reflect the results of consul-
tations with target patient groups to ensure that it is
legible, clear and easy to use.’;45) Article 61(1) shall be replaced by the following:
‘1. One or more mock-ups of the outer packaging and
the immediate packaging of a medicinal product, togetherwith the draft package leaflet, shall be submitted to theauthorities competent for authorising marketing when themarketing authorisation is requested. The results of
assessments carried out in cooperation with target
patient groups shall also be provided to the competent
authority.’;
46) in Article 61(4), ‘or as appropriate’ shall be replaced by
‘and’;
47) in Article 62, ‘for health education’ shall be replaced by
‘for the patient’;
48) Article 63 shall be amended as follows:
(a) the following subparagraph shall be added to
paragraph 1:
‘In the case of certain orphan medicinal products, the
particulars listed in Article 54 may, on reasoned
request, appear in only one of the official languages
of the Community.’;
(b) paragraphs 2 and 3 shall be replaced by the following:
‘2. The package leaflet must be written and designed
to be clear and understandable, enabling the users toact appropriately, when necessary with the help ofhealth professionals. The package leaflet must beclearly legible in the official language or languages ofthe Member State in which the medicinal product isplaced on the market.
The first subparagraph shall not prevent the package
leaflet from being printed in several languages,provided that the same information is given in allthe languages used.
3. When the product is not intended to be delivered
directly to the patient, the competent authorities maygrant an exemption to the obligation that certainparticulars should appear on the labelling and in thepackage leaflet and that the leaflet must be in the
official language or languages of the Member State in
which the product is placed on the market.’;
49) Article 65 shall be replaced by the following:
‘Article 65
In consultation with the Member States and the parties
concerned, the Commission shall draw up and publishdetailed guidance concerning in particular:EN 30.4.2004 Official Journal of the European Union L 136/49(a) the wording of certain special warnings for certain
categories of medicinal products;
(b) the particular information needs relating to
non-prescription medicinal products;
(c) the legibility of particulars on the labelling and
package leaflet;
(d) the methods for the identification and authentication
of medicinal products;
(e) the list of excipients which must feature on the
labelling of medicinal products and the way in whichthese excipients must be indicated;
(f) harmonised provisions for the implementation of
Article 57.’;
50) Article 66(3), fourth indent shall be replaced by:
‘— the name and address of the manufacturer,’;
51) Article 69(1) shall be amended as follows:
(a) the first indent shall be replaced by the following:
‘— the scientific name of the stock or stocks followed
by the degree of dilution, making use of thesymbols of the pharmacopoeia used in accordancewith Article 1(5); if the homeopathic medicinalproduct is composed of two or more stocks, thescientific names of the stocks on the labelling may
be supplemented by an invented name’;
(b) the last indent shall be replaced by the following:
‘— a warning advising the user to consult a doctor if
the symptoms persist’;
52) Article 70(2) shall be amended as follows:
(a) point (a) shall be replaced by the following:
‘(a) medicinal products on medical prescription for
renewable or non-renewable delivery;’;
(b) point (c) shall be replaced by the following:
‘(c) medicinal products on “restricted” medical
prescription, reserved for use in certain specialisedareas.’;53) Article 74 shall be replaced by the following:
‘Article 74
When new facts are brought to their attention, the
competent authorities shall examine and, as appropriate,amend the classification of a medicinal product byapplying the criteria listed in Article 71.’;
54) the following Article shall be inserted:
‘Article 74a
Where a change of classification of a medicinal product
has been authorised on the basis of significant pre-clinical
tests or clinical trials, the competent authority shall notrefer to the results of those tests or trials when examiningan application by another applicant for or holder ofmarketing authorisation for a change of classification ofthe same substance for one year after the initial changewas authorised.’;
55) Article 76 shall be amended as follows:
(a) the existing text shall become paragraph 1;
(b) the following paragraphs shall be added:
‘2. In the case of wholesale distribution and storage,
medicinal products shall be covered by a marketingauthorisation granted pursuant to Regulation (EC)No 726/2004 or by the competent authorities of aMember State in accordance with this Directive.
3. Any distributor, not being the marketing author-
isation holder, who imports a product from anotherMember State shall notify the marketing authorisationholder and the competent authority in the MemberState to which the product will be imported of his
intention to import it. In the case of products which
have not been granted an authorisation pursuant toRegulation (EC) No 726/2004, the notification to thecompetent authority shall be without prejudice toadditional procedures provided for in the legislationof that Member State.’;
56) the second indent of point (e) of Article 80 shall be
replaced by the following:
‘— name of the medicinal product,’;
57) Article 81 shall be replaced by the following:
‘Article 81
With regard to the supply of medicinal products to phar-
macists and persons authorised or entitled to supply
medicinal products to the public, Member States shall
not impose upon the holder of a distribution authorisation
which has been granted by another Member State anyobligation, in particular public service obligations, morestringent than those they impose on persons whom theyhave themselves authorised to engage in equivalentactivities.EN L 136/50 Official Journal of the European Union 30.4.2004The holder of a marketing authorisation for a medicinal
product and the distributors of the said medicinal productactually placed on the market in a Member State shall,within the limits of their responsibilities, ensure appro-priate and continued supplies of that medicinal productto pharmacies and persons authorised to supplymedicinal products so that the needs of patients in theMember State in question are covered.
The arrangements for implementing this Article should,
moreover, be justified on grounds of public health
protection and be proportionate in relation to the
objective of such protection, in compliance with theTreaty rules, particularly those concerning the freemovement of goods and competition.’;
58) in Article 82, the second indent of the first paragraph shall
be replaced by the following:
‘— the name and pharmaceutical form of the medicinal
product,’;
59) Article 84 shall be replaced by the following:
‘Article 84
The Commission shall publish guidelines on good
distribution practice. To this end, it shall consult the
Committee for Medicinal Products for Human Use andthe Pharmaceutical Committee established by CouncilDecision 75/320/EEC (*).
___________
(*) OJ L 147, 9.6.1975, p. 23.’;
60) Article 85 shall be replaced by the following:
‘Article 85
This Title shall apply to homeopathic medicinal products.’;
61) the fourth indent of Article 86(2) shall be replaced by the
following:
‘— information relating to human health or diseases,
provided that there is no reference, even indirect, to
medicinal products’;
62) Article 88 shall be replaced by the following:
‘Article 88
1. Member States shall prohibit the advertising to the
general public of medicinal products which:
(a) are available on medical prescription only, in
accordance with Title VI;(b) contain substances defined as psychotropic or narcotic
by international convention, such as the UnitedNations Conventions of 1961 and 1971.
2. Medicinal products may be advertised to the general
public which, by virtue of their composition and purpose,
are intended and designed for use without the intervention
of a medical practitioner for diagnostic purposes or for the
prescription or monitoring of treatment, with the advice of
the pharmacist, if necessary.
3. Member States shall be entitled to ban, on their
territory, advertising to the general public of medicinalproducts the cost of which may be reimbursed.
4. The prohibition contained in paragraph 1 shall not
apply to vaccination campaigns carried out by the industryand approved by the competent authorities of the MemberStates.
5. The prohibition referred to in paragraph 1 shall
apply without prejudice to Article 14 of Directive89/552/EEC.
6. Member States shall prohibit the direct distribution
of medicinal products to the public by the industry forpromotional purposes.’;
63) the following text is inserted after Article 88:
‘
TITLE VIIIa
INFORMATION AND ADVERTISING
Article 88a
Within three years of the entry into force of Directive
2004/726/EC, the Commission shall, following consul-tations with patients' and consumers' organisations,doctors' and pharmacists' organisations, Member Statesand other interested parties, present to the European
Parliament and the Council a report on current practice
with regard to information provision — particularly on theInternet — and its risks and benefits for patients.
Following analysis of the above data, the Commission
shall, if appropriate, put forward proposals setting outan information strategy to ensure good-quality, objective,
reliable and non-promotional information on medicinal
products and other treatments and shall address the
question of the information source's liability.’;
64) Article 89 shall be amended as follows:
(a) the first indent of point (b) of paragraph 1 shall be
replaced by the following:
(does not affect the English version);EN 30.4.2004 Official Journal of the European Union L 136/51(b) paragraph 2 shall be replaced by the following:
‘2. Member States may decide that the advertising of
a medicinal product to the general public may,
notwithstanding paragraph 1, include only the name
of the medicinal product or its international
non-proprietary name, where this exists, or thetrademark if it is intended solely as a reminder.’;
65) in Article 90, point (l) shall be deleted;66) in Article 91, paragraph 2 shall be replaced by the
following:
‘2. Member States may decide that the advertising of a
medicinal product to persons qualified to prescribe orsupply such products may, notwithstanding paragraph 1,include only the name of the medicinal product, or itsinternational non-proprietary name, where this exists, orthe trademark, if it is intended solely as a reminder.’;
67) Article 94(2) shall be replaced by the following:
‘2. Hospitality at sales promotion events shall always be
strictly limited to their main purpose and must not beextended to persons other than health-care professionals.’;
68) Article 95 shall be replaced by the following:
‘Article 95
The provisions of Article 94(1) shall not prevent hospi-
tality being offered, directly or indirectly, at events for
purely professional and scientific purposes; such hospi-tality shall always be strictly limited to the main scientificobjective of the event; it must not be extended to personsother than health-care professionals.’;
69) point (d) of Article 96(1) shall be replaced by the
following:
‘(d) each sample shall be no larger than the smallest pres-
entation on the market;’;
70) in Article 98, the following paragraph shall be added:
‘3. The Member States shall not prohibit the
co-promotion of a medicinal product by the holder ofthe marketing authorisation and one or more companiesnominated by him.’;71) Article 100 shall be replaced by the following:
‘Article 100
Advertising of the homeopathic medicinal products
referred to in Article 14(1) shall be subject to the
provisions of this Title with the exception of Article 87(1).
However, only the information specified in Article 69(1)
may be used in the advertising of such medicinalproducts.’;
72) in Article 101, the second paragraph shall be replaced by
the following:
‘The Member States may impose specific requirements on
doctors and other health-care professionals in respect of
the reporting of suspected serious or unexpected adversereactions.’;
73) Article 102 shall be replaced by the following:
‘Article 102
In order to ensure the adoption of appropriate and
harmonised regulatory decisions concerning themedicinal products authorised within the Community,having regard to information obtained about adversereactions to medicinal products under normal conditionsof use, the Member States shall operate a phar-macovigilance system. This system shall be used tocollect information useful in the surveillance of medicinalproducts, with particular reference to adverse reactions inhuman beings, and to evaluate such information scien-tifically.
Member States shall ensure that suitable information
collected within this system is communicated to the
other Member States and the Agency. The information
shall be recorded in the database referred to in point (l)of the second subparagraph of Article 57(1) of Regulation(EC) No 726/2004 and shall be permanently accessible toall Member States and without delay to the public.
This system shall also take into account any available
information on misuse and abuse of medicinal products
which may have an impact on the evaluation of theirbenefits and risks.’;
74) the following Article shall be inserted:
‘Article 102a
The management of funds intended for activities connected
with pharmacovigilance, the operation of communicationnetworks and market surveillance shall be under thepermanent control of the competent authorities in orderto guarantee their independence.’;EN L 136/52 Official Journal of the European Union 30.4.200475) in Article 103, the introductory phrase of the second
paragraph shall be replaced by the following:
‘That qualified person shall reside in the Community and
shall be responsible for the following:’;
76) Articles 104 to 107 shall be replaced by the following:
‘Article 104
1. The marketing authorisation holder shall be required
to maintain detailed records of all suspected adversereactions occurring either in the Community or in athird country.
Save in exceptional circumstances, these reactions shall be
communicated electronically in the form of a report inaccordance with the guidelines referred to in Article106(1).
2. The marketing authorisation holder shall be required
to record all suspected serious adverse reactions which arebrought to his attention by a health-care professional andto report them promptly to the competent authority of theMember State on whose territory the incident occurred,
and no later than 15 days following the receipt of the
information.
3. The marketing authorisation holder shall be required
to record and report all other suspected serious adversereactions which meet the notification criteria inaccordance with the guidelines referred to in Article106(1), of which he can reasonably be expected to haveknowledge, promptly to the competent authority of theMember State in whose territory the incident occurred,
and no later than 15 days following the receipt of the
information.
4. The marketing authorisation holder shall ensure that
all suspected serious unexpected adverse reactions and anysuspected transmission via a medicinal product of any
infectious agent occurring in the territory of a third
country are reported promptly in accordance with theguidelines referred to in Article 106(1), so that theAgency and the competent authorities of the MemberStates in which the medicinal product is authorised areinformed of them, and no later than 15 days followingthe receipt of the information.
5. By way of derogation from paragraphs 2, 3 and 4, in
the case of medicinal products which are covered by
Directive 87/22/EEC or which have qualified for theprocedures laid down in Articles 28 and 29 of thisDirective or which have been the subject of the proceduresunder Articles 32, 33 and 34 of this Directive, themarketing authorisation holder shall also ensure that allsuspected serious adverse reactions occurring in the
Community are reported in such a way as to be accessible
to the reference Member State or to any competentauthority acting as reference Member State. The
reference Member State shall assume the responsibility ofanalysing and monitoring such adverse reactions.
6. Unless other requirements have been laid down as a
condition for the granting of the marketing authorisation,or subsequently as indicated in the guidelines referred to inArticle 106(1), reports of all adverse reactions shall besubmitted to the competent authorities in the form of a
periodic safety update report, immediately upon request or
at least every six months after authorisation and until theplacing on the market. Periodic safety update reports shallalso be submitted immediately upon request or at leastevery six months during the first two years following theinitial placing on the market and once a year for thefollowing two years. Thereafter, the reports shall besubmitted at three-yearly intervals, or immediately uponrequest.
The periodic safety update reports shall include a scientific
evaluation of the risk-benefit balance of the medicinal
product.
7. The Commission may lay down provisions to amend
paragraph 6 in view of experience gained through itsoperation. The Commission shall adopt the provisions inaccordance with the procedure referred to in Article
121(2).
8. Following the granting of a marketing authorisation,
the marketing authorisation holder may request theamendment of the periods referred to in paragraph 6 inaccordance with the procedure laid down by CommissionRegulation (EC) No 1084/2003 (*).
9. The holder of a marketing authorisation may not
communicate information relating to pharmacovigilanceconcerns to the general public in relation to its authorisedmedicinal product without giving prior or simultaneousnotification to the competent authority.
In any case, the marketing authorisation holder shall
ensure that such information is presented objectively and
is not misleading.
Member States shall take the necessary measures to ensure
that a marketing authorisation holder who fails todischarge these obligations is subject to effective,
proportionate and dissuasive penalties.
Article 1051. The Agency, in collaboration with the Member States
and the Commission, shall set up a data-processingnetwork to facilitate the exchange of pharmacovigilanceinformation regarding medicinal products marketed inthe Community in order to allow all competent authoritiesto share the information at the same time.EN 30.4.2004 Official Journal of the European Union L 136/532. Making use of the network referred to in paragraph
1, Member States shall ensure that reports of suspectedserious adverse reactions that have taken place on theirterritory are promptly made available to the Agency andthe other Member States, and in any case within 15 daysafter their notification at the latest.
3. The Member States shall ensure that reports of
suspected serious adverse reactions that have taken placeon their territory are promptly made available to themarketing authorisation holder, and in any case within15 days after their notification at the latest.
Article 106
1. In order to facilitate the exchange of information on
pharmacovigilance within the Community, the
Commission, after consulting the Agency, the Member
States and interested parties, shall draw up guidelines onthe collection, verification and presentation of adversereaction reports, including technical requirements for elec-tronic exchange of pharmacovigilance information inaccordance with internationally agreed formats, and shallpublish a reference to an internationally agreed medical
terminology.
Acting in accordance with the guidelines, marketing auth-
orisation holders shall use internationally agreed medicalterminology for the reporting of adverse reactions.
These guidelines shall be published in Volume 9 of The
Rules governing Medicinal Products in the EuropeanCommunity and shall take account of internationalharmonisation work carried out in the field of phar-
macovigilance.
2. For the interpretation of the definitions referred to in
points (11) to (16) of Article 1 and of the principles
outlined in this Title, the marketing authorisation holder
and the competent authorities shall follow the guidelinesreferred to in paragraph 1.
Article 107
1. Where, as a result of the evaluation of phar-
macovigilance data, a Member State considers that amarketing authorisation should be suspended, revoked orvaried in accordance with the guidelines referred to inArticle 106(1), it shall forthwith inform the Agency, theother Member States and the marketing authorisationholder.
2. Where urgent action to protect public health is
necessary, the Member State concerned may suspend themarketing authorisation of a medicinal product, providedthat the Agency, the Commission and the other MemberStates are informed no later than the following workingday.When the Agency is informed in accordance with
paragraph 1 in relation to suspensions and revocation,or the first subparagraph of this paragraph, theCommittee shall prepare an opinion within a time-frameto be determined depending on the urgency of the matter.In relation to variations, the Committee may upon requestfrom a Member State prepare an opinion.
Acting on the basis of this opinion, the Commission may
request all Member States in which the product is beingmarketed to take temporary measures immediately.
The final measures shall be adopted in accordance with the
procedure referred to in Article 121(3).
___________
(*) OJ L 159, 27.6.2003, p. 1.’;
77) Article 111 shall be amended as follows:
(a) paragraph 1 shall be replaced by the following:
‘1. The competent authority of the Member State
concerned shall ensure, by means of repeatedinspections, and if necessary unannounced inspections,and, where appropriate, by asking an OfficialMedicines Control Laboratory or a laboratory
designated for that purpose to carry out tests on
samples, that the legal requirements governingmedicinal products are complied with.
The competent authority may also carry out unan-
nounced inspections at the premises of manufacturersof active substances used as starting materials, or at thepremises of marketing authorisation holders wheneverit considers that there are grounds for suspecting
non-compliance with the principles and guidelines of
good manufacturing practice referred to in Article 47.These inspections may also be carried out at therequest of a Member State, the Commission or the
Agency.
In order to verify whether the data submitted in order
to obtain a conformity certificate comply with the
monographs of the European Pharmacopoeia, the stan-dardisation body of the nomenclatures and the qualitynorms within the meaning of the Convention relatingto the elaboration of the European Pharmacopoeia (*)(European Directorate for the quality of MedicinalProducts) may ask the Commission or the Agency to
request such an inspection when the starting material
concerned is the subject of a European Pharmacopoeiamonograph.
The competent authority of the Member State
concerned may carry out inspections of startingmaterial manufacturers at the specific request of the
manufacturer himself.EN L 136/54 Official Journal of the European Union 30.4.2004Such inspections shall be carried out by officials repre-
senting the competent authority who shall beempowered to:
(a) inspect the manufacturing or commercial estab-
lishments of manufacturers of medicinal products
or of active substances used as starting materials,and any laboratories employed by the holder of themanufacturing authorisation to carry out checkspursuant to Article 20;
(b) take samples including with a view to independent
tests being carried out by an Official MedicinesControl Laboratory or a laboratory designated forthat purpose by a Member State;
(c) examine any documents relating to the object of
the inspection, subject to the provisions in force inthe Member States on 21 May 1975 placingrestrictions on these powers with regard to thedescription of the manufacturing method;
(d) inspect the premises, records and documents of
marketing authorisation holders or any firmsemployed by the marketing authorisation holder
to perform the activities described in Title IX,
and in particular Articles 103 and 104.
___________
(*) OJ L 158, 25.6.1994, p. 19.’;
(b) paragraph 3 shall be replaced by the following:
‘3. After every inspection as referred to in
paragraph 1, the officials representing the competentauthority shall report on whether the manufacturercomplies with the principles and guidelines of goodmanufacturing practice laid down in Article 47 or,where appropriate, with the requirements laid downin Articles 101 to 108. The content of such reportsshall be communicated to the manufacturer ormarketing authorisation holder who has undergonethe inspection.’;
(c) the following paragraphs shall be added:
‘4. Without prejudice to any arrangements which
may have been concluded between the Community
and third countries, a Member State, the Commission
or the Agency may require a manufacturer establishedin a third country to submit to an inspection asreferred to in paragraph 1.
5. Within 90 days of an inspection as referred to in
paragraph 1, a certificate of good manufacturingpractice shall be issued to a manufacturer if the
outcome of the inspection shows that the manu-
facturer complies with the principles and guidelinesof good manufacturing practice as provided for byCommunity legislation.If inspections are performed as part of the certification
procedure for the monographs of the European Phar-macopoeia, a certificate shall be drawn up.
6. Member States shall enter the certificates of good
manufacturing practice which they issue in aCommunity database managed by the Agency onbehalf of the Community.
7. If the outcome of the inspection as referred to in
paragraph 1 is that the manufacturer does not complywith the principles and guidelines of good manufac-turing practice as provided for by Community legis-lation, the information shall be entered in the
Community database as referred to in paragraph 6.’;
78) in Article 114(1) and (2), the terms ‘by a State laboratory
or a laboratory designated for that purpose’ shall bereplaced by the terms ‘by an Official Medicines ControlLaboratory or a laboratory that a Member State hasdesignated for that purpose’;
79) Article 116 shall be replaced by the following:
‘Article 116
The competent authorities shall suspend, revoke, withdraw
or vary a marketing authorisation if the view is taken that
the product is harmful under normal conditions of use, or
that it lacks therapeutic efficacy, or that the risk-benefitbalance is not positive under the normal conditions of use,or that its qualitative and quantitative composition is not
as declared. Therapeutic efficacy is lacking when it is
concluded that therapeutic results cannot be obtainedfrom the medicinal product.
An authorisation shall also be suspended, revoked,
withdrawn or varied where the particulars supporting
the application as provided for in Article 8 or Articles10, 10a, 10b, 10c and 11 are incorrect or have notbeen amended in accordance with Article 23, or wherethe controls referred to in Article 112 have not beencarried out.’;
80) Article 117(1) shall be replaced by the following:
‘1. Without prejudice to the measures provided for in
Article 116, Member States shall take all appropriate stepsto ensure that the supply of the medicinal product is
prohibited and the medicinal product withdrawn from
the market, if the view is taken that:
(a) the medicinal product is harmful under normal
conditions of use; or
(b) it lacks therapeutic efficacy; orEN 30.4.2004 Official Journal of the European Union L 136/55(c) the risk-benefit balance is not favourable under the
authorised conditions of use; or
(d) its qualitative and quantitative composition is not as
declared; or
(e) the controls on the medicinal product and/or on the
ingredients and the controls at an intermediate stage ofthe manufacturing process have not been carried outor if some other requirement or obligation relating tothe grant of the manufacturing authorisation has notbeen fulfilled.’;
81) Article 119 shall be replaced by the following:
‘Article 119
The provisions of this Title shall apply to homeopathic
medicinal products.’;
82) Articles 121 and 122 shall be replaced by the following:
‘Article 121
1. The Commission shall be assisted by the Standing
Committee on Medicinal Products for Human Use, here-
inafter called “the Standing Committee”, in the task ofadapting to technical progress the directives on theremoval of technical barriers to trade in the medicinalproducts sector.
2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply, having regardto the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision
1999/468/EC shall be set at three months.
3. Where reference is made to this paragraph, Articles 4
and 7 of Decision 1999/468/EC shall apply, having regardto the provisions of Article 8 thereof.
The period laid down in Article 4(3) of Decision
1999/468/EC shall be set at one month.
4. The Standing Committee shall adopt its own rules of
procedure which shall be made public.
Article 122
1. Member States shall take all appropriate measures to
ensure that the competent authorities concernedcommunicate to each other such information as is appro-priate to guarantee that the requirements placed on theauthorisations referred to in Articles 40 and 77, on the
certificates referred to in Article 111(5) or on the
marketing authorisations are fulfilled.2. Upon reasoned request, Member States shall
forthwith communicate the reports referred to in Article111(3) to the competent authorities of another MemberState.
3. The conclusions reached in accordance with Article
111(1) shall be valid throughout the Community.
However, in exceptional cases, if a Member State is unable,
for reasons relating to public health, to accept the
conclusions reached following an inspection underArticle 111(1), that Member State shall forthwith informthe Commission and the Agency. The Agency shall informthe Member States concerned.
When the Commission is informed of these divergences of
opinion, it may, after consulting the Member Statesconcerned, ask the inspector who performed the originalinspection to perform a new inspection; the inspector maybe accompanied by two other inspectors from MemberStates which are not parties to the disagreement.’;
83) in Article 125, the third subparagraph shall be replaced by
the following:
‘Decisions to grant or revoke a marketing authorisation
shall be made publicly available.’;
84) the following Article shall be inserted:
‘Article 126a
1. In the absence of a marketing authorisation or of a
pending application for a medicinal product authorised inanother Member State in accordance with this Directive, aMember State may for justified public health reasons
authorise the placing on the market of the saidmedicinal product.
2. When a Member State avails itself of this possibility,
it shall adopt the necessary measures in order to ensurethat the requirements of this Directive are complied with,in particular those referred to in Titles V, VI, VIII, IX andXI.
3. Before granting such an authorisation a Member
State shall:
(a) notify the marketing authorisation holder, in the
Member State in which the medicinal productconcerned is authorised, of the proposal to grant anauthorisation under this Article in respect of theproduct concerned; and
(b) request the competent authority in that State to furnish
a copy of the assessment report referred to in Article21(4) and of the marketing authorisation in force in
respect of the said medicinal product.EN L 136/56 Official Journal of the European Union 30.4.20044. The Commission shall set up a publicly accessible
register of medicinal products authorised underparagraph 1. Member States shall notify the Commissionif any medicinal product is authorised, or ceases to beauthorised, under paragraph 1, including the name orcorporate name and permanent address of the author-isation holder. The Commission shall amend the registerof medicinal products accordingly and make this register
available on their website.
5. No later than 30 April 2008, the Commission shall
present a report to the European Parliament and the
Council concerning the application of this provision with
a view to proposing any necessary amendments.’;
85) the following Article 126b is inserted:
‘Article 126b
In order to guarantee independence and transparency, the
Member States shall ensure that members of staff of thecompetent authority responsible for granting authoris-ations, rapporteurs and experts concerned with the auth-orisation and surveillance of medicinal products have no
financial or other interests in the pharmaceutical industry
which could affect their impartiality. These persons shallmake an annual declaration of their financial interests.
In addition, the Member States shall ensure that the
competent authority makes publicly accessible its rules of
procedure and those of its committees, agendas for its
meetings and records of its meetings, accompanied bydecisions taken, details of votes and explanations of
votes, including minority opinions.’;
86) the following Article shall be inserted:
‘Article 127a
When a medicinal product is to be authorised in
accordance with Regulation (EC) No 726/2004 and the
Scientific Committee in its opinion refers to recommended
conditions or restrictions with regard to the safe andeffective use of the medicinal product as provided for in
Article 9(4)(c) of that Regulation, a decision addressed to
the Member States shall be adopted in accordance with theprocedure provided for in Articles 33 and 34 of thisDirective, for the implementation of those conditions orrestrictions.’;87) the following Article shall be inserted:
‘Article 127b
Member States shall ensure that appropriate collection
systems are in place for medicinal products that areunused or have expired.’
Article 2
The periods of protection provided for in Article 1, point 8,
which amends Article 10(1) of Directive 2001/83/EC, shall notapply to reference medicinal products for which an applicationfor authorisation has been submitted before the date of trans-position referred to in Article 3 first paragraph.
Article 3
Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive no later than 30 October 2005. They shallimmediately inform the Commission thereof.
When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such areference on the occasion of their official publication. Themethods of making such reference shall be laid down by theMember States.
Article 4
This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Union .
Article 5
This Directive is addressed to the Member States.
Done at Strasbourg, 31 March 2004.
For the European Parliament
The President
P. COXFor the Council
The President
D. ROCHEEN 30.4.2004 Official Journal of the European Union L 136/57