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Document 02014R0658-20201101
Regulation (EU) No 658/2014 of the European Parliament and of the Council of 15 May 2014 on fees payable to the European Medicines Agency for the conduct of pharmacovigilance activities in respect of medicinal products for human use (Text with EEA relevance)Text with EEA relevance
Consolidated text: Regulation (EU) No 658/2014 of the European Parliament and of the Council of 15 May 2014 on fees payable to the European Medicines Agency for the conduct of pharmacovigilance activities in respect of medicinal products for human use (Text with EEA relevance)Text with EEA relevance
Regulation (EU) No 658/2014 of the European Parliament and of the Council of 15 May 2014 on fees payable to the European Medicines Agency for the conduct of pharmacovigilance activities in respect of medicinal products for human use (Text with EEA relevance)Text with EEA relevance
02014R0658 — EN — 01.11.2020 — 003.001
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REGULATION (EU) No 658/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014 on fees payable to the European Medicines Agency for the conduct of pharmacovigilance activities in respect of medicinal products for human use (OJ L 189 27.6.2014, p. 112) |
Amended by:
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Official Journal |
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No |
page |
date |
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COMMISSION DELEGATED REGULATION (EU) 2018/92 of 18 October 2017 |
L 17 |
2 |
23.1.2018 |
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COMMISSION DELEGATED REGULATION (EU) 2018/1298 of 11 July 2018 |
L 244 |
1 |
28.9.2018 |
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COMMISSION DELEGATED REGULATION (EU) 2020/1431 of 14 July 2020 |
L 331 |
2 |
12.10.2020 |
REGULATION (EU) No 658/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 May 2014
on fees payable to the European Medicines Agency for the conduct of pharmacovigilance activities in respect of medicinal products for human use
(Text with EEA relevance)
Article 1
Subject matter and scope
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
‘chargeable unit’ means a unit defined by a unique combination of the following dataset derived from information on all medicinal products authorised in the Union held by the Agency, and consistent with the obligation of marketing authorisation holders referred to in points (b) and (c) of Article 57(2) of Regulation (EC) No 726/2004 to submit such information to the database referred to in point (l) of the second subparagraph of Article 57(1) of that Regulation:
name of the medicinal product, as defined in point 20 of Article 1 of Directive 2001/83/EC;
marketing authorisation holder;
the Member State in which the marketing authorisation is valid;
active substance or a combination of active substances; and
pharmaceutical form.
Point (d) of the first subparagraph is not applicable in the case of authorised homeopathic medicinal products or authorised herbal medicinal products, as defined, respectively, in points 5 and 30 of Article 1 of Directive 2001/83/EC;
‘medium-sized enterprise’ means a medium-sized enterprise within the meaning of Recommendation 2003/361/EC;
‘small enterprise’ means a small enterprise within the meaning of Recommendation 2003/361/EC;
‘micro enterprise’ means a micro enterprise within the meaning of Recommendation 2003/361/EC.
Article 3
Types of fees
The fees for pharmacovigilance activities shall consist of the following:
fees for procedures carried out at Union level as provided for in Articles 4, 5 and 6;
an annual fee as provided for in Article 7.
Where a fee is levied by the Agency in accordance with point (a) of paragraph 1 of this Article, the Agency shall pay remuneration, in accordance with Article 9, to the national competent authorities:
for the services provided by the rapporteurs and, where applicable, the co-rapporteurs in the Pharmacovigilance Risk Assessment Committee appointed as members of that Committee by Member States;
for the work carried out by the Member States which act as the rapporteurs and, where applicable, co-rapporteurs in the coordination group.
Article 4
Fee for assessment of periodic safety update reports
Article 5
Fee for assessment of post-authorisation safety studies
Article 6
Fee for assessments in the context of referrals initiated as a result of the evaluation of pharmacovigilance data
Article 7
Annual fee for information technology systems and literature monitoring
The total payable amount of the annual fee for each marketing authorisation holder shall be calculated by the Agency on the basis of the chargeable units which correspond to the information recorded on 1 July of each year. That amount shall cover the period from 1 January to 31 December of the year concerned.
The fees due under this Article shall be paid within 30 calendar days from the date of the invoice.
Article 8
Fee reductions and fee exemption
Article 9
Payment of remuneration by the Agency to national competent authorities
The Agency shall remunerate the national competent authorities for the services provided by rapporteurs and, where applicable, co-rapporteurs in accordance with Article 3(2) in the following cases:
where the Member State has appointed a member of the Pharmacovigilance Risk Assessment Committee who acts as rapporteur and, where applicable, co-rapporteur for the assessment of the periodic safety update reports referred to in Article 4;
where the coordination group has appointed a Member State which acts as rapporteur and, where applicable, co-rapporteur in the context of the assessment of the periodic safety update reports referred to in Article 4;
where the Member State has appointed a member of the Pharmacovigilance Risk Assessment Committee who acts as rapporteur and, where applicable, co-rapporteur for the assessment of the post-authorisation safety studies referred to in Article 5;
where the Member State has appointed a member of the Pharmacovigilance Risk Assessment Committee who acts as rapporteur and, where applicable, co-rapporteur for the referrals referred to in Article 6.
Where the Pharmacovigilance Risk Assessment Committee or the coordination group decides to appoint a co-rapporteur, the remuneration for the rapporteur and the co-rapporteur shall be determined in accordance with Parts I, II and III of the Annex.
Article 10
Method of payment of the fee
Article 11
Identification of the payment of the fee
In every payment the marketing authorisation holder shall indicate the invoice reference number. For payments made via the on-line payment system, the reference number shall be the number automatically generated by the Agency’s invoicing system.
Article 12
Date of payment of the fee
The date on which the full amount of the payment is received in the bank account held by the Agency shall be considered to be the date on which the payment has been made. A deadline for payment shall be considered to have been complied with only if the full amount of the fee due has been paid in time.
Article 13
Refund of fee amounts paid in excess
Any amount paid in excess of a fee amount due shall be refunded by the Agency to the marketing authorisation holder, unless otherwise explicitly agreed with the marketing authorisation holder. However, where such an excess amount is less than EUR 100 and the marketing authorisation holder concerned has not expressly requested a refund, the excess amount shall not be refunded.
Article 14
Provisional estimate of Agency budget
The Agency shall, when producing an estimate of revenue and expenditure for the following financial year in accordance with Article 67(6) of Regulation (EC) No 726/2004, include detailed information on income from fees relating to pharmacovigilance activities. That information shall distinguish between the annual fee and the fees for each procedure referred to in point (a) of Article 3(1). The Agency shall also provide specific analytical information on its revenue and expenditure related to pharmacovigilance activities, allowing the annual fee and the fees for each procedure referred to in point (a) of Article 3(1) to be distinguished.
Article 15
Transparency and monitoring
Article 16
Exercise of the delegation
Article 17
Transitional provisions
The fees referred to in Articles 4, 5 and 6 shall not apply to those procedures carried out at Union level for which the assessment has started before 26 August 2014.
Article 18
Entry into force and application
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
PART I
FEE FOR ASSESSMENT OF PERIODIC SAFETY UPDATE REPORTS REFERRED TO IN ARTICLE 4
1. The fee for the assessment of periodic safety update reports shall be ►M3 EUR 20 780 ◄ per procedure. From that amount, the remuneration for the rapporteur shall be ►M3 13 970 ◄ . That remuneration shall be shared, where applicable, between the rapporteur and the co-rapporteur(s).
2. For the purpose of calculating the amount to be levied on each marketing authorisation holder in application of Article 4(4), the Agency shall calculate the proportion of chargeable units held by each marketing authorisation holder concerned of the total number of chargeable units held by all marketing authorisation holders involved in the procedure.
The share payable by each marketing authorisation holder shall be calculated by:
dividing the total amount of the fee among the marketing authorisation holders concerned proportionately to the number of chargeable units; and
subsequently applying the fee reduction as set out in point 3 of this Part and the fee exemption referred to in Article 1(4), where relevant.
3. In application of Article 4(5), small and medium-sized enterprises shall pay 60 % of the applicable amount.
4. Where the fee reduction or the fee exemption applies, the remuneration for the rapporteur and, where applicable, co-rapporteur(s) shall also be adapted proportionally. Where the Agency subsequently collects the full applicable amount, including the 10 % increase as provided for in Article 8(5), the remuneration for the rapporteur and, where applicable, co-rapporteur(s) shall also be adapted proportionally.
PART II
FEE FOR ASSESSMENT OF A POST-AUTHORISATION SAFETY STUDIES REFERRED TO IN ARTICLE 5
1. The fee for the assessment of each post-authorisation safety study shall be ►M3 EUR 45 810 ◄ to be paid in two instalments as follows:
►M3 EUR 18 330 ◄ shall be due at the date of the start of the procedure for the assessment of the draft protocol referred to in Article 107n of Directive 2001/83/EC; from that amount, the remuneration for the rapporteur shall be ►M3 EUR 7 760 ◄ , and that remuneration shall be shared, where applicable, between the rapporteur and the co-rapporteur(s);
►M3 EUR 27 480 ◄ shall be due at the date of the start of the procedure for the assessment of the final study report by the Pharmacovigilance Risk Assessment Committee as referred to in Article 107p of Directive 2001/83/EC; from that amount, the remuneration for the rapporteur shall be ►M3 11 630 ◄ , and that remuneration shall be shared, where applicable, between the rapporteur and the co-rapporteur(s).
2. Where marketing authorisation holders conduct a joint post-authorisation safety study as referred to in Article 5(3), the amount payable by each marketing authorisation holder shall be levied by the Agency by evenly dividing the total amount of the fee among those marketing authorisation holders. Where relevant, the fee reduction laid down in point 3 of this Part or, where appropriate, the fee exemption referred to in Article 1(4), shall be applied to the share payable by the marketing authorisation holder.
3. In application of Article 5(4), small and medium-sized enterprises shall pay 60 % of the applicable amount.
4. Where the fee reduction or the fee exemption applies, the remuneration for the rapporteur and, where applicable, co-rapporteur(s) shall also be adapted proportionally. Where the Agency subsequently collects the full applicable amount, including the 10 % increase as provided for in Article 8(5), the remuneration for the rapporteur and, where applicable, co-rapporteur(s) shall also be adapted proportionally.
PART III
FEE FOR ASSESSMENT IN THE CONTEXT OF REFERRALS INITIATED AS A RESULT OF THE EVALUATION OF PHARMACOVIGILANCE DATA REFERRED TO IN ARTICLE 6
1. The fee for the assessment of the procedure referred to in Article 6(1) shall be ►M3 EUR 190 740 ◄ where one or two active substances and/or combinations of active substances are included in the assessment. That fee shall be increased by ►M3 EUR 41 350 ◄ per each additional active substance or combination of active substances as of the third active substance or combination of substances. That fee shall not exceed ►M3 EUR 314 790 ◄ irrespective of the number of active substances and/or combinations of active substances.
From the amount of the fee, the total amount of remuneration for the rapporteur and the co-rapporteur(s) shall be as follows:
►M3 EUR 127 150 ◄ where one or two active substances and/or combinations of active substances are included in the assessment;
►M3 EUR 154 730 ◄ where three active substances and/or combinations of active substances are included in the assessment;
►M3 EUR 182 290 ◄ where four active substances and/or combinations of active substances are included in the assessment;
►M3 EUR 209 840 ◄ where five or more active substances and/or combinations of active substances are included in the assessment.
Where one or two active substances and/or combinations of active substances are included in the assessment, the Agency shall remunerate the national competent authorities for the services provided by the rapporteur and co-rapporteur(s) by dividing equally the total amount of the remuneration.
Where three or more active substances and/or combinations of active substances are included in the assessment, the Agency shall remunerate the national competent authorities for the services provided by the rapporteur and co-rapporteur(s) by:
dividing the total amount of the remuneration equally between the national competent authorities; and
subsequently increasing the resulting amount of the remuneration for the rapporteur by ►M3 EUR 1 070 ◄ where three substances and/or combinations of active substances are included, by ►M3 EUR 2 110 ◄ where four substances and/or combinations of active substances are included and by ►M3 EUR 3 200 ◄ where five or more active substances and/or combinations of active substances are included. That increase shall be paid from the parts of the fee attributed to the Agency and the co-rapporteur(s), each of which shall contribute the same amount.
2. For the purpose of calculating the amount to be levied on each marketing authorisation holder in application of Article 6(4), the Agency shall calculate the proportion of chargeable units held by each marketing authorisation holder concerned of the total number of chargeable units held by all marketing authorisation holders involved in the procedure.
The amount payable by each marketing authorisation holder shall be calculated by:
dividing the total amount of the fee among the marketing authorisation holders proportionately to the number of chargeable units; and
subsequently applying the fee reduction laid down in point 4 of this Part and the fee exemption referred to in Article 1(4), where relevant.
Where the fee reduction or the fee exemption applies, the remuneration for the rapporteur and co-rapporteur(s) shall also be adapted proportionally. Where the Agency subsequently collects the full applicable amount, including the 10 % increase as provided for in Article 8(5), the remuneration for the rapporteur and co-rapporteur(s) shall be adapted proportionally.
3. In application of Article 6(5), the amount payable by the marketing authorisation holder shall be two thirds of the applicable fee laid down in point 1 of this Part. Small and medium-sized enterprises shall pay 60 % of that amount.
The total amount of remuneration for the rapporteur and the co-rapporteur(s) from either of the reduced amounts of the fee referred to in the first subparagraph shall correspond to the same proportion as the total amount of remuneration for the rapporteur and the co-rapporteur(s) from the fee laid down in point 1 of this Part for assessments involving one or two active substances and/or combinations of active substances. The Agency shall divide that amount equally between the national competent authorities for the services provided by the rapporteur and the co-rapporteur(s).
4. In application of Article 6(6), small and medium-sized enterprises shall pay 60 % of the applicable amount.
PART IV
ANNUAL FEE FOR INFORMATION TECHNOLOGY SYSTEMS AND LITERATURE MONITORING REFERRED TO IN ARTICLE 7
1. The annual fee shall be ►M3 EUR 71 ◄ per chargeable unit.
2. In application of Article 7(3), small and medium-sized enterprises shall pay 60 % of the applicable amount.
3. Holders of marketing authorisations for medicinal products referred to in Article 7(4) shall pay 80 % of the amount applicable to the chargeable units corresponding to those medicinal products.
PART V
PERFORMANCE INFORMATION
The following information shall relate to each calendar year: