Committee on the Environment, Public Health and Food Safety

Transcription

1 EUROPEAN PARLIAMT Committee on the Environment, Public Health and Food Safety /0257(COD) ***I DRAFT REPORT on the proposal for a regulation of the European Parliament and of the Council on veterinary medicinal products (COM(2014)0558 C8-0164/ /0257(COD)) Committee on the Environment, Public Health and Food Safety Rapporteur: Françoise Grossetête PR\ doc PE v01-00 United in diversity

2 PR_COD_1amCom Symbols for procedures * Consultation procedure *** Consent procedure ***I Ordinary legislative procedure (first reading) ***II Ordinary legislative procedure (second reading) ***III Ordinary legislative procedure (third reading) (The type of procedure depends on the legal basis proposed by the draft act.) s to a draft act s by Parliament set out in two columns Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column. The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend. s by Parliament in the form of a consolidated text New text is highlighted in bold italics. Deletions are indicated using either the symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced. By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted. PE v /79 PR\ doc

3 CONTTS Page DRAFT EUROPEAN PARLIAMT LEGISLATIVE RESOLUTION... 5 EXPLANATORY STATEMT PR\ doc 3/79 PE v01-00

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5 DRAFT EUROPEAN PARLIAMT LEGISLATIVE RESOLUTION on the proposal for a regulation of the European Parliament and of the Council on veterinary medicinal products (COM(2014)0558 C8-0164/ /0257(COD)) (Ordinary legislative procedure: first reading) The European Parliament, having regard to the Commission proposal to Parliament and the Council (COM(2014)0558), having regard to Article 294(2) and Articles 114 and 168(4)(b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0164/2014) having regard to Article 294(3) of the Treaty on the Functioning of the European Union, having regard to the opinion of the European Economic and Social Committee of 21 January , having regard to the opinion of the Committee of the Regions of... 2, having regard to Rule 59 of its Rules of Procedure, having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Agriculture and Rural Development (A8-0000/2015), 1. Adopts its position at first reading hereinafter set out; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council, the Commission and the national parliaments. 1 2 OJ C 0, , p. 0. / Not yet published in the Official Journal. OJ C 0, , p. 0. / Not yet published in the Official Journal. PR\ doc 5/79 PE v01-00

6 1 Recital 9 (9) The scope of the mandatory use of a centralised authorisation procedure under which the authorisations are valid throughout the Union should cover inter alia products containing new active substances and products which contain or consist of engineered tissues or cells. At the same time, in order to ensure the widest possible availability of veterinary medicinal products in the Union, the centralised authorisation procedure should be extended to allow for applications for authorisations under that procedure to be submitted for any veterinary medicinal product, including for generics of nationally authorised veterinary medicinal products. (9) The scope of the mandatory use of a centralised authorisation procedure under which the authorisations are valid throughout the Union should cover inter alia products containing new active substances and products which contain or consist of engineered tissues or cells. At the same time, in order to ensure the widest possible availability of veterinary medicinal products in the Union, the centralised authorisation procedure should be extended to allow for applications for authorisations under that procedure to be submitted for any veterinary medicinal product, including for generics of nationally authorised veterinary medicinal products. The use of the centralised procedure should be encouraged in every way, in particular by facilitating access for SMEs. With a view to one day achieving a single centralised procedure, barriers (economic, regulatory, etc.) impeding access to the procedure need to be identified and removed. 2 Recital 27 PE v /79 PR\ doc

7 (27) It is recognised that the potential effect of a product on the environment may depend on the volume used and the resulting amount of the pharmaceutical substance that may reach the environment. Therefore, where there is evidence that a constituent of a medicinal product for which a generic application for a marketing authorisation is submitted is a hazard for the environment, it is appropriate to require data on the potential effect on the environment in order to safeguard the environment. In such cases applicants should endeavour to join efforts in generating such data in order to reduce costs and to reduce testing on vertebrate animals. (27) It is recognised that the potential effect of a product on the environment may depend on the volume used and the resulting amount of the pharmaceutical substance that may reach the environment. Therefore, where there is evidence that a constituent of a medicinal product for which a generic application for a marketing authorisation is submitted is a hazard for the environment, it is appropriate to require data on the potential effect on the environment in order to safeguard the environment. In such cases applicants should endeavour to join efforts in generating such data in order to reduce costs and to reduce testing on vertebrate animals. The current impact assessment system results in repetitive and potentially divergent assessments of substances environmental properties. This can lead to divergent decisions being taken on products with similar effects on the environment, especially in the case of products authorised before the environmental impact assessment was carried out. The establishment of a single decentralised assessment of the environmental properties of active substances for veterinary use by means of a monograph system could be an interesting alternative. The Commission should therefore submit a report to Parliament and the Council as soon as possible. The current system for assessing the environmental risks of veterinary products is unsatisfactory and could be replaced, for example, by a monograph system. Given the technical difficulties involved in implementing such a system, the Commission ought to look into the various options before submitting its proposals to Parliament and the Council. PR\ doc 7/79 PE v01-00

8 3 Recital 38 (38) If an antimicrobial is administered and used incorrectly, this presents a risk to public or animal health. Therefore antimicrobial veterinary medicinal products should only be available on veterinary prescription. Persons having the right to prescribe have a key role in ensuring prudent use of antimicrobials and consequently they should not be influenced, directly or indirectly, by economic incentives when prescribing those products. Therefore the supply of veterinary antimicrobials by those health professionals should be restricted to the amount required for treatment of the animals under their care. (38) If an antimicrobial is administered and used incorrectly, this presents a risk to public or animal health. Therefore antimicrobial veterinary medicinal products should only be available on veterinary prescription. Persons having the right to prescribe have a key role in ensuring prudent use of antimicrobials and consequently they should not be influenced, directly or indirectly, by economic incentives when prescribing those products. Therefore the supply of veterinary antimicrobials by those health professionals should be restricted to the amount required for treatment of the animals under their care, and only once a veterinary diagnosis has been established following a clinical examination of the animal, or, in exceptional cases, in the light of continuous health checks on the animal. The notion of animals under their care is unclear and needs clarifying to ensure that antibiotics are only sold by professionals authorised to prescribe them. 4 Recital 56 PE v /79 PR\ doc

9 (56) The conditions governing the supply of veterinary medicinal products to the public should be harmonised in the Union. Veterinary medicinal products should only be supplied by persons authorised to do so by the Member State where they are established. At the same time, in order to improve access to veterinary medicinal products in the Union, retailers that are authorised to supply veterinary medicinal products by the competent authority in the Member State where they are established should be allowed to sell prescription and non-prescription veterinary medicinal products via the Internet to buyers in other Member States. (56) The conditions governing the supply of veterinary medicinal products to the public should be harmonised in the Union. Veterinary medicinal products should only be supplied by persons authorised to do so by the Member State where they are established. At the same time, in order to improve access to veterinary medicinal products in the Union, retailers that are authorised to supply veterinary medicinal products by the competent authority in the Member State where they are established should be allowed to sell only nonprescription veterinary medicinal products via the Internet to buyers in other Member States. Online sales of veterinary medicines that are only available on prescription are extremely difficult to monitor and could therefore pose a danger to public health. They should therefore be prohibited. 5 Recital 57 (57) The illegal sale of veterinary medicinal products to the public via the Internet may represent a threat to public and animal health, as falsified or substandard medicines may reach the public in this way. It is necessary to address this threat. Account should be taken of the fact that specific conditions for supply of medicinal products to the public (57) The illegal sale of veterinary medicinal products to the public via the Internet may represent a threat to public and animal health, as falsified or substandard medicines may reach the public in this way. It is necessary to address this threat. Account should be taken of the fact that specific conditions for supply of medicinal products to the public PR\ doc 9/79 PE v01-00

10 have not been harmonised at Union level and, therefore, Member States may impose conditions for supplying medicinal products to the public within the limits of the Treaty. have not been harmonised at Union level, and therefore the online sale of prescription veterinary medicinal products should be prohibited. Member States may impose conditions for supplying medicinal products to the public within the limits of the Treaty. Online sales of veterinary medicines that are only available on prescription are extremely difficult to monitor and could therefore pose a danger to public health. They should therefore be prohibited. 6 Recital 73 (73) In order to protect public health, animal health and the environment, the activities and tasks attributed to the Agency in this Regulation should be adequately funded. Those activities, services and tasks should be funded through fees charged to enterprises. Those fees, however, should not affect the right of Member States to charge fees for activities and tasks at national level. (73) In order to protect public health, animal health and the environment, the activities and tasks attributed to the Agency in this Regulation should be adequately funded. Those activities, services and tasks, including the establishment of new IT services with the aim of reducing bureaucracy, should be funded through fees charged to enterprises and through an increased financial contribution from the Commission. Those fees, however, should not affect the right of Member States to charge fees for activities and tasks at national level. The agency will be given new tasks under this regulation, including the setting-up of PE v /79 PR\ doc

11 centralised databases. The agency needs to have the means necessary to carry out its tasks effectively. 7 Article 3 paragraph 1 a (new) 1a. In cases of doubt where, taking into account all its characteristics, a product may fall within the definition of a veterinary medicinal product within the meaning of Article 4(1), and within the definition of a product covered by other Union legislation, the provisions of this Regulation shall prevail. The aim of this amendment is to ensure that the Veterinary Medicinal Products Regulation prevails where there is doubt over the status of a product, as provided for in Directive 2001/82/EC for all categories of regulated products. 8 Article 4 point 3 (3) immunological veterinary medicinal product means a veterinary medicinal product consisting of vaccines, toxins, sera or allergen products and intended to be administered to an animal in order to produce active or passive immunity or to diagnose its state of immunity; (3) immunological veterinary medicinal product means a veterinary medicinal product such as vaccines, toxins, sera or allergen products intended to be administered to an animal in order to produce active or passive immunity or to diagnose its state of immunity; PR\ doc 11/79 PE v01-00

12 The European Medicines Agency takes the view that it is neither useful nor desirable to restrict the definition to vaccines, toxins, sera and allergens alone, given that new kinds of immunological products are being developed all the time. 9 Article 4 point 20 point b (b) veterinary medicinal products for animal species other than cattle, sheep, pigs, chickens, dogs and cats; (b) veterinary medicinal products for animal species other than cattle, pigs, chickens, dogs, cats, salmon and sheep reared for their meat; For the sake of consistency, the European Medicines Agency takes the view that salmon, as well as sheep destined for human consumption (unlike ewes reared for their milk) should be deemed to be major species. 10 Article 4 point 24 (24) veterinary prescription means any prescription for a veterinary medicinal product issued by a professional person qualified to do so in accordance with applicable national law; (24) veterinary prescription means any prescription for a veterinary medicinal product issued by a professional person qualified to do so in accordance with applicable national law, once a veterinary diagnosis has been established following a clinical examination of the animal or in PE v /79 PR\ doc

13 the light of continuous health checks on the animal; The notion of animals under their care is unclear and needs clarifying to ensure that antibiotics are only sold by professionals authorised to prescribe them. 11 Article 4 point 25 (25) withdrawal period means the minimum period between the last administration of a veterinary medicinal product to an animal and the production of foodstuffs from that animal which under normal conditions of use is necessary to ensure that such foodstuffs do not contain residues in quantities harmful to public health; (25) withdrawal period means the period necessary between the last administration of a veterinary medicinal product to an animal under normal conditions of use, and the production of foodstuffs from that animal, for the purpose of ensuring that such foodstuffs do not contain residues in quantities greater than the maximum limits established under Regulation (EC) No 470/2009 of the European Parliament and of the Council 1a ; 1a Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (OJ L 152, , p. 11). PR\ doc 13/79 PE v01-00

14 The existing definition, which explicitly refers to the maximum residue limits laid down in Regulation (EC) No 470/2009, is more suitable. The relationship between the withdrawal period and the maximum residue limits needs to be made clear. 12 Article 4 point 27 a (new) (27a) 'antimicrobial' means any compound with a direct action on microorganisms that is used for treatment or prevention of infections. Antimicrobials include anti-bacterials/antibiotics, antivirals, anti-fungals and antiprotozoals; A number of key terms have not been defined by the Commission and need to be clarified in order to avoid confusion and ensure that they are used properly in connection with this proposal. 13 Article 4 point 27 b (new) (27b) antibiotic is synonymous with antibacterial ; PE v /79 PR\ doc

15 A number of key terms have not been defined by the Commission and need to be clarified in order to avoid confusion and ensure that they are used properly in connection with this proposal. 14 Article 4 point 27 c (new) (27c) 'curative (therapeutic) treatment' means treatment of an ill animal or group of animals, when the diagnosis of disease or infection has been made; A number of key terms have not been defined by the Commission and need to be clarified in order to avoid confusion and ensure that they are used properly in connection with this proposal. 15 Article 4 point 27 d (new) (27d) 'control treatment (metaphylaxis)' means treatment of a group of animals, after a diagnosis of a clinical disease in part of the group has been made, with the aim of treating the clinically sick animals and controlling the spread of disease to animals in close contact and at risk or which may already be (sub-clinically) infected;; PR\ doc 15/79 PE v01-00

16 A number of key terms have not been defined by the Commission and need to be clarified in order to avoid confusion and ensure that they are used properly in connection with this proposal. 16 Article 4 point 27 e (new) (27e) 'preventive treatment (prophylaxis)' means treatment of an animal or a group of animals before clinical signs of disease emerge, in order to prevent the occurrence of disease or infection; A number of key terms have not been defined by the Commission and need to be clarified in order to avoid confusion and ensure that they are used properly in connection with this proposal. 17 Article 4 point 27 f (new) (27f) parallel importation means the importation into a Member State of a veterinary medicinal product authorised in another Member State in accordance with this Regulation and having the same characteristics as the veterinary medicinal PE v /79 PR\ doc

17 product authorised in the Member State of import, in particular with: (a) the same qualitative and quantitative composition in terms of active substances and excipients and the same pharmaceutical form; (b) the same therapeutic indications and target species. The medicinal product authorised in the Member State and the product imported in parallel must have been either harmonised under Article 69 or 70 or authorised in accordance with Articles 46 and 48. A number of key terms have not been defined by the Commission and need to be clarified in order to avoid confusion and ensure that they are used properly in connection with this proposal. 18 Article 4 point 27 g (new) (27g) parallel distribution means distribution from one Member State to another of a veterinary medicinal product authorised under a centralised procedure by an establishment authorised as referred to in Article 105 which is independent of the holder of the marketing authorisation. PR\ doc 17/79 PE v01-00

18 A number of key terms have not been defined by the Commission and need to be clarified in order to avoid confusion and ensure that they are used properly in connection with this proposal. 19 Article 5 paragraph 4 a (new) 4a. If, after receiving marketing authorisation, a veterinary medicinal product is not marketed in the Member States concerned within five years, the authorisation shall lapse. This amendment makes it possible to uphold the principle that a marketing authorisation should lapse, with the aim of preventing a product from being marketed several years after its authorisation without any updating of the file in the light of new scientific findings and technical developments. However, a derogation from this time lapse principle is permitted for the purpose of protecting human or animal health. 20 Article 5 paragraph 4 b (new) 4b. The competent authority may, in exceptional circumstances, and on grounds of the protection of human or animal health, grant exemptions from paragraph 4a. PE v /79 PR\ doc

19 This amendment makes it possible to uphold the principle that a marketing authorisation should lapse, with the aim of preventing a product from being marketed several years after its authorisation without any updating of the file in the light of new scientific findings and technical developments. However, a derogation from this time lapse principle is permitted for the purpose of protecting human or animal health. 21 Article 6 paragraph 3 3. Applications shall be submitted electronically. For applications submitted in accordance with the centralised marketing authorisation procedure, the formats made available by the Agency shall be used. 3. Applications shall be submitted electronically using a single digital portal. For all applications submitted under this regulation, the formats made available by the Agency shall be used. In order to reduce administrative burden, the use of different formats should be avoided and it should be possible to standardise all applications and submit them through a single electronic portal. 22 Article 8 paragraph 2 2. Approvals of clinical trials shall be granted on condition that food-producing animals used in the clinical trials or their produce do not enter the human food chain unless: 2. Member States shall not permit test animals to be used as a source of foodstuffs for human consumption unless the competent authorities have established an appropriate withdrawal period. Such PR\ doc 19/79 PE v01-00

20 (a) the tested product is a veterinary medicinal product authorised for the food-producing species used in the clinical trial, and the withdrawal period set out in the summary of the product characteristics is respected, or (b) the tested product is an authorised veterinary medicinal product for target species other than the food-producing species used in the clinical trial and the withdrawal period set out in accordance with Article 117 is respected. period shall either : (a) be at least as long as the withdrawal period laid down in Article 117, including, where appropriate, a safety factor reflecting the nature of the substance being tested; or (b) if maximum residue limits have been established by the Union in accordance with Regulation (EC) No 470/2009, the period shall be such as to ensure that those residue limits will not be exceeded in foodstuffs. Or. en Prohibiting animals which have been used in clinical trials from entering the food chain could have a very serious impact on the economic balance of clinical research. Animals which have received medicines that contain a substance to which a maximum residue limit already applies and for which a waiting time can be set should be permitted to enter the food chain. 23 Article 9 paragraph 1 introductory part 1. The immediate packaging of a veterinary medicinal product shall contain only the following information: 1. The immediate packaging of a veterinary medicinal product shall contain only the information listed below, although, if the packaging so permits, additional information in accordance with Article 30 may also be included: There are no grounds for imposing restrictions on the list of items of information that must PE v /79 PR\ doc

21 appear on the immediate packaging of a veterinary medicinal product. It is necessary to lay down the common information which must appear there, while allowing manufacturers to provide additional information if they so wish. 24 Article 9 paragraph 2 a (new) 2a. The items of information listed in paragraph 1(c) and (f) shall appear in machine-readable format. 25 Article 10 paragraph 1 introductory part 1. The outer packaging of a veterinary medicinal product shall contain only the following information: 1. The outer packaging of a veterinary medicinal product shall contain only the information listed below, although, if the packaging so permits, additional information in accordance with Article 30 may also be included: There are no grounds for imposing restrictions on the list of items of information that must appear on the outer packaging of a veterinary medicinal product. The warning that the veterinary medicinal product is for animal treatment only seems pointless, and can be replaced by a common logo. Lastly, the take-back schemes established for disposal of unused veterinary medicinal products or waste materials derived from them differ from one country to another and cannot be described in detail on the outer packaging of a product. PR\ doc 21/79 PE v01-00

22 26 Article 10 paragraph 1 point d (d) warning that the veterinary medicinal product is for animal treatment only; deleted There are no grounds for imposing restrictions on the list of items of information that must appear on the outer packaging of a veterinary medicinal product. The warning that the veterinary medicinal product is for animal treatment only seems pointless, and can be replaced by a common logo. Lastly, the take-back schemes established for disposal of unused veterinary medicinal products or waste materials derived from them differ from one country to another and cannot be described in detail on the outer packaging of a product. 27 Article 10 paragraph 1 point f (f) requirement to use take-back schemes for veterinary medicinal products for the disposal of unused veterinary medicinal products or waste materials derived from the use of such products and, if appropriate, additional precautions regarding hazardous waste disposal of unused veterinary medicinal products or waste materials derived from the use of such products; (f) the precautions to be taken with regard to the disposal of unused veterinary medicinal products or waste materials derived from the use of such products and, if appropriate, a reference to the take-back schemes established for these particular cases; PE v /79 PR\ doc

23 There are no grounds for imposing restrictions on the list of items of information that must appear on the outer packaging of a veterinary medicinal product. The warning that the veterinary medicinal product is for animal treatment only seems pointless, and can be replaced by a common logo. Lastly, the take-back schemes established for disposal of unused veterinary medicinal products or waste materials derived from them differ from one country to another and cannot be described in detail on the outer packaging of a product. 28 Article 10 paragraph 3 a (new) 3a. The information listed in Article 9(1)(c) and (f) must appear in a machine-readable format. 29 Article 11 paragraph 1 introductory part By way of derogation from Article 9, small immediate packaging units shall contain only the following information: By way of derogation from Article 9, small immediate packaging units shall contain only the information listed below while, if the packaging allows, additional information under Article 30 may also be included: There is no reason to place limits on the list of information that should appear on small PR\ doc 23/79 PE v01-00

24 immediate packaging units of veterinary medicinal products. 30 Article 12 paragraph 1 point j (j) requirement to use take-back schemes for veterinary medicinal products for the disposal of unused veterinary medicinal products or waste materials derived from the use of such products and, if appropriate, additional precautions regarding hazardous waste disposal of unused veterinary medicinal products or waste materials derived from the use of such products; (j) the precautions to take concerning the disposal of unused veterinary medicinal products or waste materials derived from the use of such products and, if appropriate, a reference to the take-back schemes for these specific cases The take-back schemes for veterinary medicinal products concerning the disposal of unused veterinary medicinal products or waste materials differ from one country to another and cannot therefore be described in detail on the package leaflet. A simple reference will suffice. 31 Article 16 paragraph 6 6. A competent authority or the Agency may require the applicant to provide safety data concerning the potential risks posed by the generic veterinary medicinal product to the environment in case the marketing authorisation for the reference veterinary medicinal product was granted before 20 July 2000 or in case the second phase 6. A competent authority or the Agency may require the applicant to provide safety data concerning the potential risks posed by the generic veterinary medicinal product to the environment where there are serious and established reasons to believe that the authorisation of the generic product may pose greater risks to the environment than PE v /79 PR\ doc

25 environmental risk assessment was required for the reference veterinary medicinal product. does the original product. The environmental risks associated with a generic medicinal product are generally the same as those associated with the original product. This means that no re-evaluation is necessary. It should nevertheless remain an option for the authorities where there are serious and established reasons to believe that the generic product may pose greater problems that its originator. 32 Article 21 paragraph 2 2. By way of derogation from Article 5(2), a marketing authorisation for a limited market shall be granted for a period of 3 years. 2. By way of derogation from Article 5(2), a marketing authorisation for a limited market shall be granted for a period of 5 years. The fact that a product is intended for a limited market means that it will be seldom used. A period of three years will therefore only enable limited understanding to be accumulated for use in assessing the way it behaves on the market. The time period should thus be increased. 33 Article 21 paragraph 3 3. Where a medicinal product has been 3. Where a medicinal product has been PR\ doc 25/79 PE v01-00

26 granted a marketing authorisation in accordance with this Article, the summary of product characteristics shall clearly state that only a limited assessment of quality and/or efficacy has been conducted due to the lack of comprehensive efficacy and/or quality data. granted a marketing authorisation in accordance with this Article, the summary of product characteristics shall clearly state that only limited information on its efficacy has been submitted. In the interests of transparency vis-a-vis the user, the summary of product characteristics (SPC) must explicitly state that certain information was not included in the product assessment. 34 Article 22 paragraph 2 2. By way of derogation from Article 5(2), a marketing authorisation in exceptional circumstances shall be granted for a period of 1 year. 2. Renewal of a marketing authorisation granted pursuant to paragraph 1 shall be tied to an annual review of the conditions set out in that paragraph, until the conditions are fulfilled. The European Medicines Agency considers a period of validity of one year to be too short, and that a thorough review of the marketing authorisation, with the attendant heavy bureaucratic burden, would not encourage use of the exceptional circumstances procedure. The Agency considers that an annual review of the conditions set out in Article 22(1) would be enough to ensure that marketing authorisation holders are meeting their obligations. 35 Article 22 paragraph 3 a (new) PE v /79 PR\ doc

27 3a. The competent authority or the Commission may at any time grant a valid marketing authorisation for an unlimited period of time, provided that no safety or efficacy problems have been reported with the product in use and the marketing authorisation holder has supplied the missing quality, safety and efficacy information set out in paragraph 1. Once the applicant has supplied all the missing studies, the marketing authorisation should become permanent, like any other authorisation. 36 Article 30 paragraph 1 point c point vi (vi) frequency and seriousness of adverse events, (vi) frequency and seriousness of adverse reactions, Consistency of terminology (need to establish a causal link between the product and the adverse event (i.e. the reaction)). 37 Article 32 paragraph 2 PR\ doc 27/79 PE v01-00

28 2. A marketing authorisation for an antimicrobial veterinary medicinal product shall be refused if the antimicrobial is reserved for treatment of certain infections in humans. 2. A marketing authorisation for an antimicrobial veterinary medicinal product shall be refused if the antimicrobial is reserved for treatment of certain infections in humans within the meaning of paragraph Article 32 paragraph 3 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 146 in order to establish rules for the designation of the antimicrobials which are to be reserved for treatment of certain infections in humans in order to preserve the efficacy of certain active substances in humans. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 146 in order to establish rules for the designation of the antimicrobials which are to be reserved for treatment of certain infections in humans in order to preserve the efficacy of certain active substances in humans. The Commission shall, when establishing these rules, draw on the scientific opinions of the Agency, not least in respect of species of animals, indications and routes of administration. In order for these restrictions to be effective, they must be purely science-based and must take due account of the recommendations made by the European Medicines Agency. 39 Article 32 paragraph 4 PE v /79 PR\ doc

29 4. The Commission shall, by means of implementing acts, designate antimicrobials or groups of antimicrobials reserved for treatment of certain infections in humans. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 145(2). 4. Commission shall, by means of implementing acts and drawing on the scientific recommendations made by the Agency, designate antimicrobials or groups of antimicrobials reserved for treatment of certain infections in humans, in accordance with the rules under paragraph 3. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 145(2). In order for these restrictions to be effective, they must be purely science-based and must take due account of the recommendations made by the European Medicines Agency. 40 Article 33 paragraph 3 3. Any marketing authorisation or variation to the terms of a marketing authorisation differing from the previously granted marketing authorisation only with regard to strengths, pharmaceutical forms, administration routes or presentations shall be regarded as the same marketing authorisation as the one previously granted for the purpose of applying the rules of the protection of technical documentation. 3. Any marketing authorisation or variation to the terms of a marketing authorisation differing from the previously granted marketing authorisation only with regard to strengths, pharmaceutical forms, administration routes or presentations shall be regarded as the same marketing authorisation as the one previously granted for the purpose of applying the rules of the protection of technical documentation, unless that authorisation was granted for an antimicrobial medicinal product. PR\ doc 29/79 PE v01-00

30 The amendment excludes antimicrobial medicinal products from the scope of the general marketing authorisation. This will promote research and innovation in the field of antibiotics, and laboratories will be encouraged to develop more effective treatments or ones that enable a reduction in the amount of the medicinal product used. 41 Article 34 paragraph 1 point b (b) 14 years for antimicrobial veterinary medicinal products for cattle, sheep, pigs, chickens, dogs and cats containing an antimicrobial active substance which has not been an active substance in a veterinary medicinal product authorised within the Union on the date of the submission of the application; (b) 18 years for antimicrobial veterinary medicinal products for cattle, sheep reared for meat, pigs, chickens, salmon, dogs and cats containing an antimicrobial active substance which has not been an active substance in a veterinary medicinal product authorised within the Union on the date of the submission of the application; The period of the protection of technical documentation on antimicrobial veterinary medicinal products should be increased in order to encourage research and innovation in the field of antibiotics. 42 Article 34 a (new) Article 34a Period of the protection of new technical documentation for existing products Any new studies and trials submitted by PE v /79 PR\ doc

31 the holder of a marketing authorisation to the competent authorities shall have a period of protection of five years, provided that they are: (a) needed to extend a marketing authorisation in respect of species, dosages, pharmaceutical forms, routes of administration or presentation, or (b) needed for a re-evaluation requested by the Agency or the competent authorities post-authorisation. No other applicant may use those trials or studies for that five-year period without the written consent of the holder of the marketing authorisation in the form of a letter of access to those trials or studies. The impact assessment by the Commission and the agency heads recognises the need to better protect technical documentation in order to stimulate innovation. The non-cumulative protection of new studies and trials conducted post-authorisation should trigger the development and improvement of existing products, be they originators or already generics. 43 Article 35 paragraph 1 1. Where a variation is approved in accordance with Article 65 extending the marketing authorisation to another species listed in Article 34(1)(a), the period of the protection provided for in that Article shall be prolonged by 1 year for each additional target species, provided that the variation has been submitted at least 3 years before the expiration of the protection period laid down in Article 34(1)(a). Where a variation is approved in accordance with Article 65 extending the marketing authorisation to another species listed in Article 34(1)(a), the period of the protection provided for in that Article shall be prolonged by 2 years for each additional target species, provided that the variation has been submitted at least 3 years before the expiration of the protection period laid down in Article 34(1)(a). PR\ doc 31/79 PE v01-00

32 The extension of only one year for major species is insufficient. It should be increased to two years, in order to encourage research and innovation and thus promote the availability of veterinary medicinal products. 44 Article 38 paragraph 1 1. Centralised marketing authorisations shall be granted by the Commission in accordance with this Section. They shall be valid throughout the Union. 1. Centralised marketing authorisations shall be granted by the Commission in accordance with this Section. They shall be valid throughout the Union. The Commission and the Agency shall develop and encourage use of the centralised procedure, particularly by facilitating access for SMEs. In order ultimately to move towards a single centralised procedure, barriers (economic, regulatory, etc.) to access to this procedure must be identified and tackled. 45 Article 38 paragraph 2 point c (c) veterinary medicinal products containing an active substance which has not been authorised as a veterinary medicinal product within the Union at the (c) veterinary medicinal products containing an active substance which has not been authorised as a veterinary medicinal product within the Union at the PE v /79 PR\ doc

33 date of the submission of the application; date of the submission of the application, with the exception of veterinary medicinal products subject to authorisation under Articles 21 and 22; It is not desirable to make it compulsory to use the centralised procedure in the case of products intended for limited markets or authorised in exceptional circumstances, as these products are by definition not intended for marketing throughout the EU. 46 Article 38 paragraph 3 3. For veterinary medicinal products other than those listed in paragraph 2 a centralised marketing authorisation may be granted if no other marketing authorisation has been granted for the veterinary medicinal product within the Union. 3. For veterinary medicinal products other than those listed in paragraph 2 a centralised marketing authorisation may also be granted. This qualification is needless and will not encourage greater use of the centralised procedure, which ought however to be more widely accessible in order ultimately to promote the establishment of a genuine single market in veterinary medicinal products. 47 Article 49 paragraph 6 PR\ doc 33/79 PE v01-00

34 6. In the event of an unfavourable opinion, the marketing authorisation shall be refused by each Member State concerned within 30 days of acknowledgement of the agreement. The scientific conclusions and grounds for revocation of the marketing authorisation shall be annexed to the unfavourable opinion. 6. In the event of an unfavourable opinion, the rapporteur shall inform the Agency of his concern for purposes of the application of the procedure laid down in Article 85 when the interests of the Union are at stake. In other cases, the opinion shall be forwarded to the Commission without delay. The Commission may request any information from the rapporteur concerning the substance of his opinion. The rapporteur shall forward his outline reply to the Commission within 90 days of receiving its request. Within 15 days of receipt of the opinion, the Commission shall prepare a draft of the decision associated with the procedure. If the draft decision proposes that marketing authorisation be granted, the draft shall include or refer to the documents listed in Article 28. Where the draft decision proposes that marketing authorisation be refused, the grounds for refusal shall be stated in accordance with Article 32. Where the draft decision does not accord with the rapporteur s opinion, the Commission shall attach detailed explanations of the grounds for these differences. The draft decision shall be forwarded to Member States and the applicant. The Commission may, by means of implementing acts, take a final decision on the granting of a marketing authorisation under the decentralised or mutual recognition procedure. Those implementing acts shall be adopted in accordance with the examination PE v /79 PR\ doc

35 procedure referred to in Article 145(2). The Agency shall forward to the applicant the documents provided for by Article 28. The Agency shall make the opinion publicly available, after deleting any commercially confidential information. The coordination group does not have the legitimacy to act as a decision-maker. Its proposals must be considered under the commitology procedure involving the standing committee referred to in Article 145. The decision must be taken at EU level and must be binding on Member States. 48 Article 50 paragraph 3 3. The re-examination procedure shall deal only with the points of the assessment report identified by the applicant in the written notice. 3. The committee shall define the scope of the examination, taking into account the information supplied by the applicant. The scope of the review must be defined by the Committee for Medicinal Products for Veterinary Use (CMPVU), as no other body can legitimately take a scientific decision on the matter. 49 Article 50 paragraph 4 PR\ doc 35/79 PE v01-00

36 4. Within 15 days of its adoption, the Agency shall forward the opinion of the Committee to the coordination group, together with a report describing the assessment of the veterinary medicinal product by the Committee and stating the reasons for its conclusions. Those documents shall be forwarded to the Commission, to Member States and to the applicant for information purposes. 4. Within 15 days of its adoption, the Agency shall forward the opinion of the Committee to the Commission, together with a report describing the assessment of the veterinary medicinal product by the Committee and stating the reasons for its conclusions. Those documents shall be forwarded to Member States and to the applicant for information purposes. The scope of the examination must be defined by the Committee for Medicinal Products for Veterinary Use (CMPVU), as no other body can legitimately take a scientific decision on the matter. 50 Article 50 paragraph 5 5. Upon presentation of the Agency ' s opinion, the coordination group shall act by the majority of the votes cast by its members represented at the meeting. The reference Member State shall record the agreement, close the procedure and inform the applicant. Article 49 shall apply accordingly. Where the decision is not in accordance with the opinion of the Agency, the coordination group shall annex a detailed explanation of the reasons for the differences. 5. Within 15 days of receipt of the opinion, the Commission shall prepare a draft of the decision associated with the procedure. If the draft decision proposes that marketing authorisation be granted, the draft shall include or refer to the PE v /79 PR\ doc

37 documents listed in Article 28. Where the draft decision proposes that marketing authorisation be refused, the grounds for refusal shall be stated in accordance with Article 32. Where the draft decision does not accord with the committee s opinion, the Commission shall attach detailed explanations of the grounds for these differences. The Commission may, by means of implementing acts, take a final decision on the granting of a marketing authorisation under the decentralised or mutual recognition procedure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 145(2). The Agency shall forward to the applicant the documents provided for by Article 28. The Agency shall make the opinion publicly available, after deleting any commercially confidential information. The scope of the review must be defined by the Committee for Medicinal Products for Veterinary Use (CMPVU), as no other body can legitimately take a scientific decision on the matter. 51 Article 51 paragraph 8 a (new) 8a. Within 24 months of the date of entry into force of this regulation, the Commission shall submit a report to the PR\ doc 37/79 PE v01-00

38 European Parliament and the Council on the desirability and possible details of the creation of an environmental monograph system for the active substance to assess the environmental impact of veterinary medicinal products, accompanied, if necessary, by a legislative proposal. In order to avoid repetitive and potentially divergent assessments of the environmental properties of substances, the establishment of a single decentralised assessment of them by means of a monograph system seems to be a possible solution. In view of the practical difficulties involved in implementing such a system, the Commission is asked to draw up specific proposals on the subject. 52 Section 2 a (new) Section 2a Imports, parallel imports and parallel distribution Articles 115 and 116 provide for the possibility of using veterinary medicinal products authorised in other Member States without applying for import permits, as is required in order to introduce a veterinary medicinal product into a Member State where it is not authorised. It is therefore desirable to provide for, and to harmonise, parallel importation and parallel distribution in the EU Member States. PE v /79 PR\ doc

39 53 Article 56 a (new) Article 56a Import authorisations 1. An authorisation shall be required for the following actions: (a) the importation of veterinary medicinal products used in the context of Articles 8, 115(1)(a)(ii), 116(1)(b), 116(2)(b) and 116(3)(a) by a veterinarian or by any person authorised to deliver veterinary medicinal products in the Member States; (b) the parallel importation of veterinary medicinal products by a manufacturer or distributor authorised in a Member State, independently of the holder of the marketing authorisation. The imported veterinary medicinal product and the national reference medicinal product shall have: (i) the same qualitative and quantitative composition in terms of active substances and excipients, and the same pharmaceutical form; (ii) the same therapeutic effects and the same target species. The national reference medicinal product and the veterinary medicinal product imported in parallel must have been harmonised under Article 69 or 70, or authorised in accordance with Articles 46 and 48; (c) the parallel distribution of veterinary medicinal products by a distributor independently of the holder of the marketing authorisation. PR\ doc 39/79 PE v01-00