Regulation (EU) 2022/641 amending Regulation (EU) No 536/2014 as regards a derogation from certain obligations concerning investigational medicinal products made available in the United Kingdom in respect of Northern Ireland and in Cyprus, Ireland and Malta

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Series Details L 118, Pages 1-3
Publication Date 12/04/2022
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Summary:

Regulation (EU) 2022/641 - formally signed by the co-legislators on 12 April 2022 - introducing amendments to Regulation (EU) No 536/2014 as regards a a derogation from certain obligations concerning investigational medicinal products made available in the United Kingdom with respect to Northern Ireland as well as in Cyprus, Ireland and Malta. This is a text with EEA relevance.

Further information:

Regulation (EU) No 536/2014 - also known as the Clinical Trials Regulation (CTR) - concerns clinical trials on medicinal products for human use. According to the Protocol on Ireland and Northern Ireland, the importation of investigational medicinal products from third countries into the European Union (EU) or Northern Ireland (NI) is subject to the possession of a manufacturing and import authorisation. These shall be in compliance with the obligations of the EU rules for clinical trials.

The United Kingdom (UK) in respect of NI as well as small markets of the EU (i.e. Malta, Ireland and Cyprus) that are dependent on supply of medicinal products from the UK, raised issues with respect to the ability of economic operators to comply with all the provisions of the rules for medicines after the end of the transition period provided for in the Withdrawal Agreement, including medicines used in clinical trials, having regard in particular to the importation requirements. The Commission Notice issued in January 2021 provided for a grace period of one year. Despite the transition period, it still proves difficult for certain operators to adapt as required by the Protocol.

The objectives of this draft law are to address the issues related to investigational medicinal products, to prevent an adverse impact on their supply and, as a result, on the execution of clinical trials authorised under CTR in NI Cyprus, Ireland and Malta. This proposal allows exceptionally that the manufacturing and import authorisation is not required for investigational medicinal products imported into Cyprus, Ireland, Malta and NI from parts of the UK other than NI, provided that certain conditions are fulfilled. For Cyprus, Ireland and Malta, this derogation is of a temporary nature as it is expected that these markets are gradually supplied through EU Member States. A transition period of 3 years is foreseen.

The draft law was tabled by the European Commission on 17 December 2021, delivering on commitments agreed in October 2021. It should be read in conjunction with proposed amendments to Directive 2001/20/EC and Directive 2001/83/EC.  The proposed Directive was adopted by Member State representatives on behalf of the Council of the European Union on 9 March 2022, and by the plenary of the European Parliament on 7 April. The Act was formally signed by the co-legislators on 12 April 2022 and published in the Official Journal on 20 April 2022.

Source Link Link to Main Source http://data.europa.eu/eli/reg/2022/641/oj
Related Links
Official
EUR-LEX: COM(2021)998: Proposal for a Regulation amending Regulation (EU) No 536/2014 as regards a derogation from certain obligations concerning investigational medicinal products made available in the United Kingdom with respect to Northern Ireland as well as in Cyprus, Ireland and Malta https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2021:998:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on derogation from certain obligations concerning investigational medicinal products made available in the United Kingdom with respect to Northern Ireland as well as in Cyprus, Ireland and Malta (2021/0432(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2021/0432(COD)
European Commission: Relations with the United Kingdom https://ec.europa.eu/info/strategy/relations-non-eu-countries/relations-united-kingdom_en
UK Government: Guidance: Supplying authorised medicines to Northern Ireland https://www.gov.uk/guidance/supplying-authorised-medicines-to-northern-ireland
European Commission: Press Release, 17/12/2021: EU-UK relations: Commission delivers on promise to ensure continued supply of medicines to Northern Ireland, as well as Cyprus, Ireland and Malta https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6911
European Commission: Questions and Answers on Commission Proposal to ensure continued supply of medicines to Northern Ireland, as well as Cyprus, Ireland and Malta (17 December 2021) https://ec.europa.eu/commission/presscorner/detail/en/qanda_21_6912
European Commission: Statement by Vice-President Maroš Šefčovič on the state of play of discussions with the United Kingdom on the implementation of the Protocol on Ireland / Northern Ireland (17 December 2021) https://ec.europa.eu/commission/presscorner/detail/en/statement_21_6943
Irish Government: Press Release, 17/12/2021: Minister Simon Coveney welcomes update on EU-UK talks on NI Protocol https://www.dfa.ie/news-and-media/press-releases/press-release-archive/2021/december/-minister-simon-coveney-welcomes-update-on-eu-uk-talks-on-ni-protocol-.php
Council of the European Union: Press Release, 09/03/2022: EU-UK relations: the Council adopts its mandate on the proposals aiming to ensure continued supply of medicines https://www.consilium.europa.eu/en/press/press-releases/2022/03/09/relations-ue-royaume-uni-le-conseil-adopte-son-mandat-sur-les-propositions-visant-a-assurer-la-continuite-de-l-approvisionnement-en-medicaments/
Council of the European Union: Press Release, 12/04/2022: EU-UK relations: the Council adopts legislation to ensure continued supply of medicines https://www.consilium.europa.eu/en/press/press-releases/2022/04/12/council-adopts-directive-ensure-continued-supply-of-medicines/
European Commission: Press Release, 12/04/2022: EU-UK relations: European Union ensures continued supply of medicines to Northern Ireland, as well as Cyprus, Ireland and Malta https://ec.europa.eu/commission/presscorner/detail/en/IP_22_2385

News
The Irish Times, 17/12/2021: UK urged to reciprocate efforts on NI protocol issues as deal on medicines flow announced https://www.irishtimes.com/news/politics/uk-urged-to-reciprocate-efforts-on-ni-protocol-issues-as-deal-on-medicines-flow-announced-1.4758078
RTÉ News, 17/12/2021: EU offers to change laws so NI has access to medicines https://www.rte.ie/news/2021/1217/1267266-brexit-eu-uk-northern-ireland/
BBC News, 17/12/2021: Brexit: NI will get medicine at same time as GB, EU proposes https://www.bbc.co.uk/news/uk-northern-ireland-59697668
Reuters, 17/12/2021: EU tweaks N.Ireland medicine rules, Britain stresses gaps https://www.reuters.com/world/europe/eu-propose-easing-medicines-flow-britain-northern-ireland-2021-12-17/
Euronews, 17/12/2021: Brussels moves to help supply of medicines to Northern Ireland https://www.euronews.com/my-europe/2021/12/17/eu-set-to-announce-changes-to-northern-ireland-protocol
Bloomberg, 17/12/2021: EU Unveils Proposal on Post-Brexit Medicine Supply to Northern Ireland https://www.bloomberg.com/news/articles/2021-12-17/eu-unveils-proposal-on-post-brexit-medicine-supply-to-n-ireland
EurActiv, 17/12/2021: No checks on medicines from Britain to NI, under Commission proposals https://www.euractiv.com/section/uk-europe/news/no-checks-on-medicines-from-britain-to-ni-under-commission-proposals/
The Irish Times, 07/04/2022: European Parliament backs rule change to ensure flow of medicines to Northern Ireland https://www.irishtimes.com/news/world/europe/european-parliament-backs-rule-change-to-ensure-flow-of-medicines-to-northern-ireland-1.4847214
ITV News, 07/04/2022: EU to allow UK to import medicines into Northern Ireland https://www.itv.com/news/utv/2022-04-07/eu-to-allow-uk-to-import-medicines-into-northern-ireland
BBC News, 12/04/2022: Brexit: EU law change guarantees NI medicine supply https://www.bbc.co.uk/news/uk-northern-ireland-61084262
RTÉ News, 12/04/2022: EU allows British medicines to go to Northern Ireland https://www.rte.ie/news/brexit/2022/0412/1291874-brexit/

Commentary and Analysis
European Federation of Pharmaceutical Industries and Associations (EFPIA): Press Release, 17/12/2021: Industry response to the Northern Ireland Protocol proposals https://www.efpia.eu/news-events/the-efpia-view/statements-press-releases/industry-response-to-ni-protocol-proposals/
The Guardian, 17/12/2021: Northern Ireland: what are EU and UK proposing and will deal be done? https://www.theguardian.com/politics/2021/dec/17/northern-ireland-what-are-the-eu-and-uk-proposing-and-will-deal-be-done
Arnold & Porter: BioSlice Blog, 17/02/2022: Brexit update: Supply of Medicines from Great Britain to Northern Ireland https://www.biosliceblog.com/2022/02/brexit-update-supply-of-medicines-from-great-britain-to-northern-ireland/

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