Council Directive 87/21/EEC of 22 December 1986 amending Directive 65/65/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products

COUNCIL  DIRECTIVE
of 22 December 1986
amending Directive 65/65/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products
(87/21/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas point 8 of the second paragraph of Article 4 of Council Directive 65/65/EEC (4), as last amended by Directive 83/570/EEC (5), provides that various types of proof of the safety and efficacy of a proprietary medicinal product may be put forward in an application for marketing authorization depending upon the objective situation of the proprietary medicinal product in question;
Whereas experience has shown that it is advisable to stipulate more precisely the cases in which the results of pharmacological and toxicological tests or clinical trials do not have to be provided with a view to obtaining authorization for a proprietary medicinal product which is essentially similar to an authorized product, while ensuring that innovative firms are not placed at a disadvantage;
Whereas additional details were provided in respect of the application of the abovementioned provision by Council Directive 75/318/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to analytical, pharmaco-toxicological and clinical standards and protocols in respect of the testing of proprietary medicinal products (6), as last amended by Directive 87/19/EEC (7);
Whereas, however, there are reasons of public policy for not conducting repetitive tests on humans or animals without over-riding cause;
Whereas it is also advisable to make the packaging of certain proprietary medicinal products, particularly sought after by drug addicts, less distinctive by removing the obligation to place a special mark on the outer packaging and the container of proprietary medicinal products classified as narcotics;
Whereas the Hellenic Republic, the Kingdom of Spain and the Portuguese Republic should have additional time to transpose this Directive so that they may as a priority complete the review of old proprietary medicinal products as provided for in Article 39 of the Council Directive 75/319/EEC of 20 May 1975 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products (8) as last amended by Directive 83/570/EEC,