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Document 02019R0006-20220128
Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (Text with EEA relevance)Text with EEA relevance
Consolidated text: Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (Text with EEA relevance)Text with EEA relevance
Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (Text with EEA relevance)Text with EEA relevance
02019R0006 — EN — 28.01.2022 — 001.006
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REGULATION (EU) 2019/6 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 004 7.1.2019, p. 43) |
Amended by:
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date |
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COMMISSION DELEGATED REGULATION (EU) 2021/805 of 8 March 2021 |
L 180 |
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21.5.2021 |
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COMMISSION DELEGATED REGULATION (EU) 2023/183 of 23 November 2022 |
L 26 |
7 |
30.1.2023 |
REGULATION (EU) 2019/6 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 December 2018
on veterinary medicinal products and repealing Directive 2001/82/EC
(Text with EEA relevance)
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter
This Regulation lays down rules for the placing on the market, manufacturing, import, export, supply, distribution, pharmacovigilance, control and use of veterinary medicinal products.
Article 2
Scope
In addition to the products referred to in paragraph 1 of this Article, Chapter VII shall also apply to:
substances that have anabolic, anti-infectious, antiparasitic, anti-inflammatory, hormonal, narcotic or psychotropic properties and that may be used in animals;
veterinary medicinal products prepared in a pharmacy or by a person permitted to do so under national law, in accordance with a veterinary prescription for an individual animal or a small group of animals (‘magistral formula’);
veterinary medicinal products prepared in a pharmacy in accordance with the directions of a pharmacopoeia and intended to be supplied directly to the end-user (‘officinal formula’). Such officinal formula shall be subject to a veterinary prescription when intended for food-producing animals.
This Regulation shall not apply to:
veterinary medicinal products containing autologous or allogeneic cells or tissues that have not been subjected to an industrial process;
veterinary medicinal products based on radio-active isotopes;
feed additives as defined in point (a) of Article 2(2) of Regulation (EC) No 1831/2003 of the European Parliament and of the Council ( 1 );
veterinary medicinal products intended for research and development;
medicated feed and intermediate products as defined in points (a) and (b) of Article 3(2) of Regulation (EU) 2019/4.
Article 3
Conflict of laws
Article 4
Definitions
For the purposes of this Regulation, the following definitions apply:
‘veterinary medicinal product’ means any substance or combination of substances which fulfils at least one of the following conditions:
it is presented as having properties for treating or preventing disease in animals;
its purpose is to be used in, or administered to, animals with a view to restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action;
its purpose is to be used in animals with a view to making a medical diagnosis;
its purpose is to be used for euthanasia of animals;
‘substance’ means any matter of the following origin:
human;
animal;
vegetable;
chemical;
‘active substance’ means any substance or mixture of substances intended to be used in the manufacture of a veterinary medicinal product that, when used in its production, becomes an active ingredient of that product;
‘excipient’ means any constituent of a veterinary medicinal product other than an active substance or packaging material;
‘immunological veterinary medicinal product’ means a veterinary medicinal product intended to be administered to an animal in order to produce active or passive immunity or to diagnose its state of immunity;
‘biological veterinary medicinal product’ means a veterinary medicinal product where an active substance is a biological substance;
‘biological substance’ means a substance that is produced by or extracted from a biological source and that needs for its characterisation and the determination of its quality a combination of physico-chemical-biological testing, together with knowledge of the production process and its control;
‘reference veterinary medicinal product’ means a veterinary medicinal product authorised in accordance with Article 44, 47, 49, 52, 53 or 54 as referred to in Article 5(1) on the basis of an application submitted in accordance with Article 8;
‘generic veterinary medicinal product’ means a veterinary medicinal product which has the same qualitative and quantitative composition of active substances and the same pharmaceutical form as the reference veterinary medicinal product, and with regard to which bioequivalence with the reference veterinary medicinal product has been demonstrated;
‘homeopathic veterinary medicinal product’ means a veterinary medicinal product prepared from homeopathic stocks in accordance with a homeopathic manufacturing procedure described by the European Pharmacopoeia or, in the absence thereof, by the pharmacopoeias used officially in Member States;
‘antimicrobial resistance’ means the ability of micro-organisms to survive or to grow in the presence of a concentration of an antimicrobial agent which is usually sufficient to inhibit or kill micro-organisms of the same species;
‘antimicrobial’ means any substance with a direct action on micro-organisms used for treatment or prevention of infections or infectious diseases, including antibiotics, antivirals, antifungals and anti-protozoals;
‘antiparasitic’ means a substance that kills or interrupts the development of parasites, used for the purpose of treating or preventing an infection, infestation or disease caused or transmitted by parasites, including substances with a repelling activity;
‘antibiotic’ means any substance with a direct action on bacteria that is used for treatment or prevention of infections or infectious diseases;
‘metaphylaxis’ means the administration of a medicinal product to a group of animals after a diagnosis of clinical disease in part of the group has been established, with the aim of treating the clinically sick animals and controlling the spread of the disease to animals in close contact and at risk and which may already be subclinically infected;
‘prophylaxis’ means the administration of a medicinal product to an animal or group of animals before clinical signs of a disease, in order to prevent the occurrence of disease or infection;
‘clinical trial’ means a study which aims to examine under field conditions the safety or efficacy of a veterinary medicinal product under normal conditions of animal husbandry or as part of normal veterinary practice for the purpose of obtaining a marketing authorisation or a change thereof;
‘pre-clinical study’ means a study not covered by the definition of clinical trial which aims to investigate the safety or efficacy of a veterinary medicinal product for the purpose of obtaining a marketing authorisation or a change thereof;
‘benefit-risk balance’ means an evaluation of the positive effects of the veterinary medicinal product in relation to the following risks relating to the use of that product:
any risk relating to the quality, safety and efficacy of the veterinary medicinal products as regards animal or human health;
any risk of undesirable effects on the environment;
any risk relating to the development of resistance;
‘common name’ means the international non-proprietary name recommended by the World Health Organization (WHO) for a substance or, if one does not exist, the name generally used;
‘name of the veterinary medicinal product’ means either an invented name not liable to confusion with the common name, or a common or scientific name accompanied by a trademark or the name of the marketing authorisation holder;
‘strength’ means the content of active substances in a veterinary medicinal product, expressed quantitatively per dosage unit, per unit of volume or per unit of weight according to the pharmaceutical form;
‘competent authority’ means an authority designated by a Member State in accordance with Article 137;
‘labelling’ means information on the immediate packaging or the outer packaging;
‘immediate packaging’ means the container or any other form of packaging that is in direct contact with the veterinary medicinal product;
‘outer packaging’ means packaging in which the immediate packaging is placed;
‘package leaflet’ means a documentation leaflet on a veterinary medicinal product which contains information to ensure its safe and efficacious use;
‘letter of access’ means an original document, signed by the data owner or its representative, which states that the data may be used for the benefit of the applicant in relation to the competent authorities, the European Medicines Agency established by Regulation (EC) No 726/2004 (‘the Agency’) or the Commission for the purposes of this Regulation;
‘limited market’ means a market for one of the following medicinal product types:
veterinary medicinal products for the treatment or prevention of diseases that occur infrequently or in limited geographical areas;
veterinary medicinal products for animal species other than cattle, sheep for meat production, pigs, chickens, dogs and cats;
‘pharmacovigilance’ means the science and activities relating to the detection, assessment, understanding and prevention of suspected adverse events or any other problem related to a medicinal product;
‘pharmacovigilance system master file’ means a detailed description of the pharmacovigilance system used by the marketing authorisation holder with respect to one or more authorised veterinary medicinal products;
‘control’ means any task performed by a competent authority for the verification of compliance with this Regulation;
‘veterinary prescription’ means a document issued by a veterinarian for a veterinary medicinal product or a medicinal product for human use for its use in animals;
‘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;
‘placing on the market’ means the first making available of a veterinary medicinal product on the whole of the Union market or in one or more Member States, as applicable;
‘wholesale distribution’ means all activities consisting of procuring, holding, supplying or exporting veterinary medicinal products whether for profit or not, apart from retail supply of veterinary medicinal products to the public;
‘aquatic species’ mean species referred to in point (3) of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council ( 3 );
‘food-producing animals’ mean food-producing animals as defined in point (b) of Article 2 of Regulation (EC) No 470/2009;
‘variation’ means a change to the terms of the marketing authorisation for a veterinary medicinal product as referred to in Article 36;
‘advertising of veterinary medicinal products’ means the making of a representation in any form in connection with veterinary medicinal products in order to promote the supply, distribution, sale, prescription or use of veterinary medicinal products and comprising also the supply of samples and sponsorships;
‘signal management process’ means a process for performing active surveillance of pharmacovigilance data for veterinary medicinal products in order to assess the pharmacovigilance data and determine whether there is any change to the benefit-risk balance of those veterinary medicinal products, with a view to detecting risks to animal or public health or protection of the environment;
‘potential serious risk to human or animal health or to the environment’ means a situation where there is a significantly high probability that a serious hazard resulting from the use of a veterinary medicinal product will affect human or animal health or the environment;
‘novel therapy veterinary medicinal product’ means:
a veterinary medicinal product specifically designed for gene therapy, regenerative medicine, tissue engineering, blood product therapy, phage therapy;
a veterinary medicinal product issued from nanotechnologies; or
any other therapy which is considered as a nascent field in veterinary medicine;
‘epidemiological unit’ means an epidemiological unit as defined in point (39) of Article 4 of Regulation (EU) 2016/429.
CHAPTER II
MARKETING AUTHORISATIONS – GENERAL PROVISIONS AND RULES ON APPLICATIONS
Article 5
Marketing authorisations
Article 6
Submission of applications for marketing authorisations
Applications for marketing authorisations shall be submitted to the competent authority where they concern the granting of marketing authorisations in accordance with any of the following procedures:
the national procedure laid down in Articles 46 and 47;
the decentralised procedure laid down in Articles 48 and 49;
the mutual recognition procedure laid down in Articles 51 and 52;
the subsequent recognition procedure laid down in Article 53.
Article 7
Languages
Article 8
Data to be submitted with the application
An application for a marketing authorisation shall contain the following:
the information set out in Annex I;
technical documentation necessary for demonstrating the quality, safety and efficacy of the veterinary medicinal product in accordance with the requirements set out in Annex II;
a summary of the pharmacovigilance system master file.
Where the application concerns an antimicrobial veterinary medicinal product, the following shall be submitted in addition to the information, technical documentation and summary listed in paragraph 1:
documentation on the direct or indirect risks to public or animal health or to the environment of use of the antimicrobial veterinary medicinal product in animals;
information about risk mitigation measures to limit antimicrobial resistance development related to the use of the veterinary medicinal product.
Where the application concerns a veterinary medicinal product containing or consisting of genetically modified organisms within the meaning of Article 2 of Directive 2001/18/EC of the European Parliament and of the Council ( 4 ), the application shall, in addition to the information, technical documentation and summary listed in paragraph 1 of this Article, be accompanied by:
a copy of the written consent of the competent authorities to the deliberate release into the environment of the genetically modified organisms for research and development purposes, as provided for in Part B of Directive 2001/18/EC;
the complete technical file supplying the information required under Annexes III and IV to Directive 2001/18/EC;
the environmental risk assessment in accordance with the principles set out in Annex II to Directive 2001/18/EC; and
the results of any investigations performed for the purposes of research or development.
Article 9
Clinical trials
Article 10
Labelling of the immediate packaging of veterinary medicinal products
The immediate packaging of a veterinary medicinal product shall contain the following information and shall, subject to Article 11(4), contain no information other than:
the name of the veterinary medicinal product, followed by its strength and pharmaceutical form;
a statement of the active substances expressed qualitatively and quantitatively per unit or according to the form of administration for a particular volume or weight, using their common names;
the batch number, preceded by the word ‘Lot’;
the name or company name or logo name of the marketing authorisation holder;
the target species;
the expiry date, in the format: ‘mm/yyyy’, preceded by the abbreviation ‘Exp.’;
special storage precautions, if any;
route of administration; and
if applicable, the withdrawal period, even if such period is zero.
Article 11
Labelling of the outer packaging of veterinary medicinal products
The outer packaging of a veterinary medicinal product shall contain the following information and shall contain no information other than:
the information referred to in Article 10(1);
the contents by weight, volume or number of immediate packaging units of the veterinary medicinal product;
a warning that the veterinary medicinal product must be kept out of the sight and reach of children;
a warning that the veterinary medicinal product is ‘for animal treatment only’;
without prejudice to Article 14(4), a recommendation to read the package leaflet;
in the case of homeopathic veterinary medicinal products, the statement ‘homeopathic veterinary medicinal product’;
in the case of veterinary medicinal products not subject to a veterinary prescription, the indication or indications;
the marketing authorisation number.
Article 12
Labelling of small immediate packaging units of veterinary medicinal products
By way of derogation from Article 10, immediate packaging units which are too small to contain in a readable form the information referred to in that Article shall contain the following information and shall contain no information other than:
the name of veterinary medicinal product;
the quantitative particulars of the active substances;
the batch number, preceded by the word ‘Lot’;
the expiry date, in the format: ‘mm/yyyy’, preceded by the abbreviation ‘Exp.’.
Article 13
Additional information on the immediate packaging or outer packaging of veterinary medicinal products
By way of derogation from Articles 10(1), 11(1) and 12(1), Member States may, within their territory, and on request of the applicant, allow an applicant to include on the immediate packaging or outer packaging of a veterinary medicinal product additional useful information which is compatible with the summary of the product characteristics and which is not an advertisement for a veterinary medicinal product.
Article 14
Package leaflet of veterinary medicinal products
The marketing authorisation holder shall make readily available a package leaflet for each veterinary medicinal product. That package leaflet shall contain at least the following information:
the name or company name and permanent address or registered place of business of the marketing authorisation holder and of the manufacturer and, where applicable, of the representative of the marketing authorisation holder;
the name of the veterinary medicinal product, followed by its strength and pharmaceutical form;
qualitative and quantitative composition of the active substance or substances;
the target species, the dosage for each species, the method and route of administration and, if necessary, advice on correct administration;
the indications for use;
the contra-indications and adverse events;
if applicable, the withdrawal period, even if such period is zero;
special storage precautions, if any;
information essential for safety or health protection, including any special precautions relating to use and any other warnings;
information on the collection systems referred to in Article 117 applicable to the veterinary medicinal product concerned;
the marketing authorisation number;
contact details of the marketing authorisation holder or its representative, as appropriate, for the reporting of suspected adverse events;
classification of the veterinary medicinal product as referred to in Article 34.
Article 15
General requirement regarding product information
The information listed in Articles 10 to 14 shall comply with the summary of the product characteristics as set out in Article 35.
Article 16
Package leaflet of registered homeopathic veterinary medicinal products
By way of derogation from Article 14(1), the package leaflet of homeopathic veterinary medicinal products registered in accordance with Article 86 shall contain at least the following information:
the scientific name of the stock or stocks followed by the degree of dilution, using the symbols of the European Pharmacopoeia or, in the absence thereof, of the pharmacopoeias used officially in Member States;
name or company name and permanent address or registered place of business of the registration holder and, where appropriate, of the manufacturer;
method of administration and, if necessary, route of administration;
pharmaceutical form;
special storage precautions, if any;
the target species and, where appropriate, dosage for each such species;
a special warning, if necessary, for the homeopathic veterinary medicinal product;
registration number;
withdrawal period, if applicable;
the statement ‘homeopathic veterinary medicinal product’.
Article 17
Implementing powers with respect to this Section
Article 18
Generic veterinary medicinal products
By way of derogation from point (b) of Article 8(1), it shall not be required that an application for a marketing authorisation for a generic veterinary medicinal product contain the documentation on safety and efficacy if all the following conditions are fulfilled:
bioavailability studies have demonstrated bioequivalence of a generic veterinary medicinal product with the reference veterinary medicinal product or a justification is provided as to why such studies were not performed;
the application satisfies the requirements set out in Annex II;
the applicant demonstrates that the application concerns a generic veterinary medicinal product of a reference veterinary medicinal product for which the period of protection of the technical documentation laid down in Articles 39 and 40 has elapsed or is due to elapse in less than two years.
Article 19
Hybrid veterinary medicinal products
By way of derogation from Article 18(1), the results of appropriate pre-clinical studies or clinical trials shall be required when the veterinary medicinal product does not meet all the characteristics of a generic veterinary medicinal product because of one or more of the following reasons:
there are changes in the active substance or substances, indications for use, strength, pharmaceutical form or route of administration of the generic veterinary medicinal product compared to the reference veterinary medicinal product;
bioavailability studies cannot be used to demonstrate bioequivalence with the reference veterinary medicinal product; or
there are differences relating to raw materials or in manufacturing processes of the biological veterinary medicinal product and the reference biological veterinary medicinal product.
The applicant shall demonstrate that the reference veterinary medicinal product authorised in a third country has been authorised in accordance with requirements equivalent to those established in the Union for the reference veterinary medicinal product and are so highly similar that they can substitute each other in the clinical trials.
Article 20
Combination veterinary medicinal products
By way of derogation from point (b) of Article 8(1), in the case of veterinary medicinal products containing active substances used in the composition of authorised veterinary medicinal products it shall not be required to provide safety and efficacy data relating to each individual active substance.
Article 21
Application based on informed consent
By way of derogation from point (b) of Article 8(1), an applicant for a marketing authorisation for a veterinary medicinal product shall not be required to provide the technical documentation on quality, safety and efficacy if that applicant demonstrates permission, in the form of a letter of access, to use such documentation submitted in respect of the already authorised veterinary medicinal product.
Article 22
Application based on bibliographic data
Article 23
Applications for limited markets
By way of derogation from point (b) of Article 8(1), the applicant shall not be required to provide the comprehensive safety or efficacy documentation required in accordance with Annex II, if all of the following conditions are met:
the benefit of the availability on the market of the veterinary medicinal product to the animal or public health outweighs the risk inherent in the fact that certain documentation has not been provided;
the applicant provides the evidence that the veterinary medicinal product is intended for a limited market.
Article 24
Validity of a marketing authorisation for a limited market and procedure for its re-examination
On the basis of that assessment, if the benefit-risk balance remains positive, the competent authority or the Commission, as applicable, shall extend the validity of the marketing authorisation by additional periods of five years.
Article 25
Applications in exceptional circumstances
By way of derogation from point (b) of Article 8(1), in exceptional circumstances related to animal or public health, an applicant may submit an application which does not meet all requirements of that point, for which the benefit of the immediate availability on the market of the veterinary medicinal product concerned to the animal or public health outweighs the risk inherent in the fact that certain quality, safety or efficacy documentation has not been provided. In such a case, the applicant shall be required to demonstrate that for objective and verifiable reasons certain quality, safety or efficacy documentation required in accordance with Annex II cannot be provided.
Article 26
Terms of the marketing authorisation in exceptional circumstances
In the exceptional circumstances referred to in Article 25, a marketing authorisation may be granted subject to one or more of the following requirements for the marketing authorisation holder:
a requirement to introduce conditions or restrictions, in particular concerning the safety of the veterinary medicinal product;
a requirement to notify to the competent authorities or the Agency, as applicable, of any adverse event relating to the use of the veterinary medicinal product;
a requirement to conduct post-authorisation studies.
Article 27
Validity of a marketing authorisation in exceptional circumstances and procedure for its re-examination
On the basis of that assessment, if the benefit-risk balance remains positive, the competent authority or the Commission, as applicable, shall extend the validity of the marketing authorisation for one year.
Article 28
Examination of applications
The competent authority or the Agency, as applicable, to which the application has been submitted in accordance with Article 6 shall:
verify that the data submitted complies with the requirements laid down in Article 8;
assess the veterinary medicinal product regarding the quality, safety and efficacy documentation provided;
draw up a conclusion on the benefit-risk balance for the veterinary medicinal product.
Article 29
Requests to laboratories in the course of the examination of applications
The competent authority or the Agency, as applicable, examining the application may require an applicant to provide to the European Union reference laboratory, an official medicines control laboratory or a laboratory that a Member State has designated for that purpose samples which are necessary to:
test the veterinary medicinal product, its starting materials and, if necessary, intermediate products or other constituent materials in order to ensure that the control methods employed by the manufacturer and described in the application documents are satisfactory;
verify that, in the case of veterinary medicinal products intended for food-producing animals, the analytical detection method proposed by the applicant for the purposes of residue depletion tests is satisfactory and suitable for use to reveal the presence of residue levels, particularly those exceeding the maximum residue level of the pharmacologically active substance established by the Commission in accordance with Regulation (EC) No 470/2009, and for the purpose of official controls of animals and products of animal origin in accordance with Regulation (EU) 2017/625.
Article 30
Information on manufacturers in third countries
The competent authority or the Agency, as applicable, to which the application has been submitted in accordance with Article 6 shall ascertain, through the procedure laid down in Articles 88, 89 and 90, that the manufacturers of veterinary medicinal products from third countries are able to manufacture the veterinary medicinal product concerned or carry out control tests in accordance with the methods described in the documentation submitted in support of the application in accordance with Article 8(1). A competent authority or the Agency, as applicable, may request the relevant competent authority to present information ascertaining that the manufacturers of veterinary medicinal products are able to carry out the activities referred to in this Article.
Article 31
Additional information from the applicant
The competent authority or the Agency, as applicable, to which the application has been submitted in accordance with Article 6, shall inform the applicant if the documentation submitted in support of the application is insufficient. The competent authority or the Agency, as applicable, shall request the applicant to provide additional information within a given time limit. In such a case the time limits laid down in Articles 44, 47, 49, 52 and 53 shall be suspended until the additional information has been provided.
Article 32
Withdrawal of applications
Article 33
Outcome of the assessment
The competent authority or the Agency, as applicable, examining the application in accordance with Article 28, shall prepare, respectively, an assessment report or an opinion. In case of a favourable assessment, that assessment report or opinion shall include the following:
a summary of the product characteristics containing the information laid down in Article 35;
details of any conditions or restrictions to be imposed as regards the supply or safe and effective use of the veterinary medicinal product concerned, including the classification of a veterinary medicinal product in accordance with Article 34;
the text of the labelling and package leaflet referred to in Articles 10 to 14.
Article 34
Classification of veterinary medicinal products
The competent authority or the Commission, as applicable, granting a marketing authorisation as referred to in Article 5(1) shall classify the following veterinary medicinal products as subject to veterinary prescription:
veterinary medicinal products which contain narcotic drugs or psychotropic substances, or substances frequently used in the illicit manufacture of those drugs or substances, including those covered by the United Nations Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol, the United Nations Convention on Psychotropic Substances of 1971, the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 or by Union legislation on drug precursors;
veterinary medicinal products for food-producing animals;
antimicrobial veterinary medicinal products;
veterinary medicinal products intended for treatments of pathological processes which require a precise prior diagnosis or the use of which may have effects which impede or interfere with subsequent diagnostic or therapeutic measures;
veterinary medicinal products used for euthanasia of animals;
veterinary medicinal products containing an active substance that has been authorised for less than five years in the Union;
immunological veterinary medicinal products;
without prejudice to Council Directive 96/22/EC ( 5 ), veterinary medicinal products containing active substances having a hormonal or thyrostatic action or beta-agonists.
By way of derogation from paragraph 1, the competent authority or the Commission, as applicable, may, except as regards veterinary medicinal products referred to in points (a), (c), (e) and (h) of paragraph 1, classify a veterinary medicinal product as not subject to veterinary prescription if all of the following conditions are fulfilled:
the administration of the veterinary medicinal product is restricted to pharmaceutical forms requiring no particular knowledge or skill in using the products;
the veterinary medicinal product does not present a direct or indirect risk, even if administered incorrectly, to the animal or animals treated or to other animals, to the person administering it or to the environment;
the summary of the product characteristics of the veterinary medicinal product does not contain any warnings of potential serious adverse events deriving from its correct use;
neither the veterinary medicinal product nor any other product containing the same active substance has previously been the subject of frequent adverse event reporting;
the summary of the product characteristics does not refer to contra-indications related to the use of the product concerned in combination with other veterinary medicinal products commonly used without prescription;
there is no risk for public health as regards residues in food obtained from treated animals even where the veterinary medicinal product is used incorrectly;
there is no risk to public or animal health as regards the development of resistance to substances even where the veterinary medicinal product containing those substances is used incorrectly.
Article 35
Summary of the product characteristics
The summary of the product characteristics referred to in point (a) of Article 33(1) shall contain, in the order indicated below, the following information:
name of the veterinary medicinal product followed by its strength and pharmaceutical form and, where applicable, a list of the names of the veterinary medicinal product, as authorised in different Member States;
qualitative and quantitative composition of the active substance or substances and qualitative composition of excipients and other constituents stating their common name or their chemical description and their quantitative composition, if that information is essential for proper administration of the veterinary medicinal product;
clinical information:
target species;
indications for use for each target species;
contra-indications;
special warnings;
special precautions for use, including in particular special precautions for safe use in the target species, special precautions to be taken by the person administering the veterinary medicinal product to the animals and special precautions for the protection of the environment;
frequency and seriousness of adverse events;
use during pregnancy, lactation or lay;
interaction with other medicinal products and other forms of interaction;
administration route and dosage;
symptoms of overdose and, where applicable, emergency procedures and antidotes in the event of overdose;
special restrictions for use;
special conditions for use, including restrictions on the use of antimicrobial and antiparasitic veterinary medicinal products in order to limit the risk of development of resistance;
if applicable, withdrawal periods, even if such periods are zero;
pharmacological information:
Anatomical Therapeutic Chemical Veterinary Code (‘ATCvet Code’);
pharmacodynamics;
pharmacokinetics.
In case of an immunological veterinary medicinal product, instead of points (i), (ii) and (iii), immunological information;
pharmaceutical particulars:
major incompatibilities;
shelf life, where applicable after reconstitution of the medicinal product or after the immediate packaging has been opened for the first time;
special precautions for storage;
nature and composition of immediate packaging;
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;
name of the marketing authorisation holder;
marketing authorisation number or numbers;
date of the first marketing authorisation;
date of the last revision of the summary of the product characteristics;
if applicable, for veterinary medicinal products referred to in Article 23 or 25, the statement:
‘marketing authorisation granted for a limited market and therefore assessment based on customised requirements for documentation’; or
‘marketing authorisation in exceptional circumstances and therefore assessment based on customised requirements for documentation’;
information on the collection systems referred to in Article 117 applicable to the veterinary medicinal product concerned;
classification of the veterinary medicinal product as referred to in Article 34 for each Member State in which it is authorised.
Article 36
Decisions granting marketing authorisations
Article 37
Decisions refusing marketing authorisations
A marketing authorisation shall be refused if any of the following conditions are met:
the application does not comply with this Chapter;
the benefit-risk balance of the veterinary medicinal product is negative;
the applicant has not provided sufficient information on the quality, safety or efficacy of the veterinary medicinal product;
the veterinary medicinal product is an antimicrobial veterinary medicinal product presented for use as performance enhancer in order to promote the growth of treated animals or to increase yields from treated animals;
the proposed withdrawal period is not long enough to ensure food safety or is insufficiently substantiated;
the risk for public health in case of development of antimicrobial resistance or antiparasitic resistance outweighs the benefits of the veterinary medicinal product to animal health;
the applicant has not provided sufficient proof of efficacy as regards the target species;
the qualitative or quantitative composition of the veterinary medicinal product is not as stated in the application;
risks to public or animal health or to the environment are not sufficiently addressed; or
the active substance within the veterinary medicinal product meets the criteria for being considered persistent, bioaccumulative and toxic or very persistent and very bioaccumulative, and the veterinary medicinal product is intended to be used in food-producing animals, unless it is demonstrated that the active substance is essential to prevent or control a serious risk to animal health.
Article 38
Protection of technical documentation
Without prejudice to the requirements and obligations laid down in Directive 2010/63/EU, technical documentation on quality, safety and efficacy originally submitted with a view to obtaining a marketing authorisation or a variation thereof shall not be referred to by other applicants for a marketing authorisation or a variation of the terms of a marketing authorisation for a veterinary medicinal product unless:
the period of the protection of technical documentation as set out in Articles 39 and 40 of this Regulation has elapsed, or is due to elapse in less than two years;
the applicants have obtained written agreement in the form of a letter of access with regard to that documentation.
Article 39
Periods of the protection of technical documentation
The period of the protection of technical documentation shall be:
10 years for veterinary medicinal products for cattle, sheep for meat production, pigs, chickens, dogs and cats;
14 years for antimicrobial veterinary medicinal products for cattle, sheep for meat production, 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;
18 years for veterinary medicinal products for bees;
14 years for veterinary medicinal products for animal species other than those referred to in points (a) and (c).
Article 40
Prolongation and additional periods of the protection of technical documentation
If a variation to the terms of the marketing authorisation approved in accordance with Article 67 involves a change to the pharmaceutical form, administration route or dosage, which is assessed by the Agency or the competent authorities referred to in Article 66 to have demonstrated:
a reduction in the antimicrobial or antiparasitic resistance; or
an improvement of the benefit-risk balance of the veterinary medicinal product,
the results of the concerned pre-clinical studies or clinical trials shall benefit from four years protection.
The prohibition on using those results shall not apply, insofar as the other applicants have obtained a letter of access with regard to those studies and trials.
Article 41
Patent-related rights
Conducting the necessary tests, studies and trials with a view to applying for a marketing authorisation in accordance with Article 18 shall not be regarded as contrary to patent-related rights or to supplementary-protection certificates for veterinary medicinal products and medicinal products for human use.
CHAPTER III
PROCEDURES FOR MARKETING AUTHORISATIONS
Article 42
Scope of the centralised marketing authorisation procedure
Centralised marketing authorisation procedure shall apply in respect of the following veterinary medicinal products:
veterinary medicinal products developed by means of one of the following biotechnological processes:
recombinant DNA technology;
controlled expression of genes coding for biologically active proteins in prokaryotes and eukaryotes including transformed mammalian cells;
hybridoma and monoclonal antibody methods;
veterinary medicinal products intended primarily for use as performance enhancers in order to promote the growth of treated animals or to increase yields from treated animals;
veterinary medicinal products containing an active substance which has not been authorised as a veterinary medicinal product within the Union at the date of the submission of the application;
biological veterinary medicinal products which contain or consist of engineered allogeneic tissues or cells;
novel therapy veterinary medicinal products.
Article 43
Application for centralised marketing authorisation
Article 44
Procedure for centralised marketing authorisation
Article 45
Re-examination of the opinion of the Agency
Article 46
Scope of national marketing authorisation
Article 47
Procedure for national marketing authorisation
Article 48
Scope of decentralised marketing authorisation
Article 49
Procedure for decentralised marketing authorisation
Article 50
Request by the applicant for re-examination of the assessment report
Article 51
Scope of mutual recognition of national marketing authorisations
A national marketing authorisation for a veterinary medicinal product, granted in accordance with Article 47, shall be recognised in other Member States in accordance with the procedure laid down in Article 52.
Article 52
Procedure for mutual recognition of national marketing authorisations
Article 53
Subsequent recognition of marketing authorisations by additional Member States concerned
After completion of a decentralised procedure laid down in Article 49 or a mutual recognition procedure laid down in Article 52 granting a marketing authorisation, the marketing authorisation holder may submit an application for a marketing authorisation for the veterinary medicinal product to the competent authorities in additional Member States concerned and to the competent authority in the reference Member State referred to in Article 49 or 52, as applicable, in accordance with the procedure laid down in this Article. In addition to the data referred to in Article 8, the application shall include the following:
a list of all decisions granting, suspending or revoking marketing authorisations which concern the veterinary medicinal product;
information on the variations introduced since the grant of the marketing authorisation by decentralised procedure laid down in Article 49(7) or by mutual recognition procedure laid down in Article 52(8);
a summary report on pharmacovigilance data.
Article 54
Review procedure
CHAPTER IV
POST-MARKETING AUTHORISATION MEASURES
Article 55
Union database on veterinary medicinal products
The product database shall contain at least the following information:
for veterinary medicinal products authorised within the Union by the Commission and by the competent authorities:
name of the veterinary medicinal product;
active substance or substances, and the strength of the veterinary medicinal product;
summary of product characteristics;
package leaflet;
the assessment report;
list of sites where the veterinary medicinal product is manufactured; and
the dates of the placing of the veterinary medicinal product on the market in a Member State;
for homeopathic veterinary medicinal products registered in accordance with Chapter V within the Union by the competent authorities:
name of the registered homeopathic veterinary medicinal product;
package leaflet; and
lists of sites where the registered homeopathic veterinary medicinal product is manufactured;
veterinary medicinal products allowed to be used in a Member State in accordance with Article 5(6);
the annual volume of sales and information on the availability for each veterinary medicinal product.
The Commission shall, by means of implementing acts, adopt the necessary measures and practical arrangements laying down:
the technical specifications of the product database including the electronic data exchange mechanism for exchanging with the existing national systems and the format for electronic submission;
the practical arrangements for the functioning of the product database, in particular to ensure protection of commercially confidential information and security of exchange of information;
detailed specifications of the information to be included, updated and shared in the product database and by whom;
contingency arrangements to be applied in case of unavailability of any of the functionalities of the product database;
where appropriate, data to be included in the product database in addition to the information referred to in paragraph 2 of this Article.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 145(2).
Article 56
Access to the product database
Article 57
Collection of data on antimicrobial medicinal products used in animals
The Commission shall adopt delegated acts in accordance with Article 147, in order to supplement this Article, establishing the requirements as regards:
the types of antimicrobial medicinal products used in animals for which data shall be collected;
the quality assurance that Member States and the Agency shall put in place to ensure quality and comparability of data; and
the rules on the methods of gathering data on the use of the antimicrobial medicinal products used in animals and on the method of transfer of those data to the Agency.
Member States shall be allowed to apply a progressive stepwise approach regarding the obligations set out in this Article so that:
within two years from 28 January 2022, data shall be collected at least for the species and categories included in Commission Implementing Decision 2013/652/EU ( 6 ) in its version of 11 December 2018;
within five years from 28 January 2022, data shall be collected for all food-producing animal species;
within eight years from 28 January 2022, data shall be collected for other animals which are bred or kept.
Article 58
Responsibilities of the marketing authorisation holders
Article 59
Small and medium-sized enterprises
Member States shall, in accordance with their national law, take appropriate measures to advise small and medium-sized enterprises on compliance with the requirements of this Regulation.
Article 60
Variations
The Commission shall take account of the following criteria when adopting the implementing acts referred to in paragraph 1:
the need for a scientific assessment of changes in order to determine the risk to public or animal health or to the environment;
whether changes have an impact on the quality, safety or efficacy of the veterinary medicinal product;
whether changes imply no more than a minor alteration to the summary of product characteristics;
whether changes are of an administrative nature.
Article 61
Variations that do not require assessment
Article 62
Application for variations requiring assessment
The application referred to in paragraph 1 shall contain:
a description of the variation;
data referred to in Article 8 relevant to the variation;
details of the marketing authorisations affected by the application;
where the variation leads to consequential variations to the terms of the same marketing authorisation, a description of those consequential variations;
where the variation concerns marketing authorisations granted under the mutual recognition or decentralised procedures, a list of Member States which granted those marketing authorisations.
Article 63
Consequential changes to product information
Where a variation entails consequential changes to the summary of the product characteristics, the labelling or the package leaflet, those changes shall be considered as part of that variation for the purposes of the examination of the application for a variation.
Article 64
Groups of variations
When the marketing authorisation holder applies for several variations not included in the list established in accordance with Article 60(1) regarding the same marketing authorisation or for one variation not appearing in that list in respect of several different marketing authorisations, that marketing authorisation holder may submit one application for all variations.
Article 65
Work-sharing procedure
Article 66
Procedure for variations requiring assessment
Article 67
Measures to close the procedure for variations requiring assessment
Article 68
Implementation of variations requiring assessment
Article 69
Scope of the harmonisation of summaries of product characteristics of a veterinary medicinal product
A harmonised summary of product characteristics shall be prepared in accordance with the procedure laid down in Articles 70 and 71 for:
reference veterinary medicinal products which have the same qualitative and quantitative composition of their active substances and the same pharmaceutical form and for which marketing authorisations have been granted in accordance with Article 47 in different Member States for the same marketing authorisation holder;
generic and hybrid veterinary medicinal products.
Article 70
Procedure for harmonisation of summaries of product characteristics for the reference veterinary medicinal products
Article 71
Procedure for harmonisation of summaries of product characteristics for generic and hybrid veterinary medicinal products
When the procedure referred to in Article 70 has been closed and a harmonised summary of product characteristics for a reference veterinary medicinal product has been agreed, the marketing authorisation holders of generic veterinary medicinal products shall apply, within 60 days of the decision by the competent authorities in each Member State and in accordance with Article 62, for the harmonisation of the following sections of the summary of product characteristics for the generic veterinary medicinal products concerned, as applicable:
target species;
clinical information referred to in point (c) of Article 35(1);
the withdrawal period.
Article 72
Environmental safety documentation and environmental risk assessment of certain veterinary medicinal products
The list referred to in Article 70(1) shall not contain any reference veterinary medicinal product authorised before 1 October 2005 and which is identified as potentially harmful to the environment and has not been subject to an environmental risk assessment.
Where the reference veterinary medicinal product is authorised before 1 October 2005 and is identified as potentially harmful to the environment and has not been subject to an environmental risk assessment, the competent authority shall request the marketing authorisation holder to update the relevant environmental safety documentation referred to in point (b) of Article 8(1), taking into account the review referred to in Article 156, and, if applicable, the environmental risk assessment of generic veterinary medicinal products of such reference medicinal products.
Article 73
Union pharmacovigilance system
Competent authorities, the Agency and marketing authorisation holders shall take the necessary measures to make available means to report and encourage reporting of the following suspected adverse events:
any unfavourable and unintended reaction in any animal to a veterinary medicinal product;
any observation of a lack of efficacy of a veterinary medicinal product following its administration to an animal, whether or not in accordance with the summary of product characteristics;
any environmental incidents observed following the administration of a veterinary medicinal product to an animal;
any noxious reaction in humans exposed to a veterinary medicinal product;
any finding of a pharmacologically active substance or marker residue in a product of animal origin exceeding the maximum levels of residues established in accordance with Regulation (EC) No 470/2009 after the set withdrawal period has been respected;
any suspected transmission of an infectious agent via a veterinary medicinal product;
any unfavourable and unintended reaction in an animal to a medicinal product for human use.
Article 74
Union pharmacovigilance database
Article 75
Access to the pharmacovigilance database
The general public shall have access to the pharmacovigilance database, without the possibility to change the information therein, as regards the following information:
the number and at the latest within two years from 28 January 2022 the incidence of suspected adverse events reported each year, broken down by veterinary medicinal product, animal species and type of suspected adverse event;
the results and outcomes referred to in Article 81(1) that arise from the signal management process performed by the marketing authorisation holder for veterinary medicinal products or groups of veterinary medicinal products.
Article 76
Reporting and recording of suspected adverse events
Article 77
Pharmacovigilance responsibilities of the marketing authorisation holder
The marketing authorisation holder shall ensure that such public announcement is presented objectively and is not misleading.
Article 78
Qualified person responsible for pharmacovigilance
The qualified person responsible for pharmacovigilance as referred to in Article 77(8) shall ensure that the following tasks are carried out:
elaborating and maintaining the pharmacovigilance system master file;
allocating reference numbers to the pharmacovigilance system master file and communicating that reference number to the pharmacovigilance database for each product;
notifying the competent authorities and the Agency, as applicable, of the place of operation;
establishing and maintaining a system which ensures that all suspected adverse events which are brought to the attention of the marketing authorisation holder are collected and recorded in order to be accessible at least at one site in the Union;
compiling the suspected adverse event reports referred to in Article 76(2), evaluating them, where necessary, and recording them in the pharmacovigilance database;
ensuring that any request from the competent authorities or the Agency for the provision of additional information necessary for the evaluation of the benefit-risk balance of a veterinary medicinal product is answered fully and promptly;
providing competent authorities or the Agency, as applicable, with any other information relevant to detecting a change to the benefit-risk balance of a veterinary medicinal product, including appropriate information on post-marketing surveillance studies;
applying the signal management process referred to in Article 81 and ensuring that any arrangements for the fulfilment of responsibilities referred to in Article 77(4) are in place;
monitoring the pharmacovigilance system and ensuring that if needed, an appropriate preventive or corrective action plan is prepared, implemented and, where necessary, ensuring changes to the pharmacovigilance system master file;
ensuring that all personnel of the marketing authorisation holder involved in the performance of pharmacovigilance activities receives continued training;
communicating any regulatory measure that is taken in a third country and is related to pharmacovigilance data to the competent authorities and to the Agency within 21 days of receipt of such information.
Article 79
Pharmacovigilance responsibilities of the competent authorities and the Agency
Article 80
Delegation of tasks by competent authority
Article 81
Signal management process
The marketing authorisation holder shall record, at least annually, all results and outcomes of the signal management process, including a conclusion on the benefit-risk balance, and, if applicable, references to relevant scientific literature in the pharmacovigilance database.
In the case of veterinary medicinal products referred to in point (c) of Article 42(2), the marketing authorisation holder shall record in the pharmacovigilance database all results and outcomes of the signal management process, including a conclusion on the benefit-risk balance, and, if applicable, references to relevant scientific literature according to the frequency specified in the marketing authorisation.
Article 82
Scope of the Union interest referral
Article 83
Union interest referral procedure
Article 84
Decision following the Union interest referral
CHAPTER V
HOMEOPATHIC VETERINARY MEDICINAL PRODUCTS
Article 85
Homeopathic veterinary medicinal products
Article 86
Registration of homeopathic veterinary medicinal products
A homeopathic veterinary medicinal product that meets all of the following conditions shall be subject to a registration procedure:
it is administered by a route described in the European Pharmacopoeia or, in the absence thereof, by the pharmacopoeias used officially in Member States;
it has a sufficient degree of dilution to guarantee its safety, and shall not contain more than one part per 10 000 of the mother tincture;
it has no therapeutic indication appearing on its labelling or in any information relating thereto.
Article 87
Application and procedure for registration of homeopathic veterinary medicinal products
The following documents shall be included in the application for a registration of a homeopathic veterinary medicinal product:
scientific name or other name given in a pharmacopoeia of the homeopathic stock or stocks, together with a statement of the route of administration, pharmaceutical form and degree of dilution to be registered;
a dossier describing how the homeopathic stock or stocks are obtained and controlled, and justifying their homeopathic use, on the basis of an adequate bibliography; in the case of homeopathic veterinary medicinal products containing biological substances, a description of the measures taken to ensure the absence of pathogens;
the manufacturing and control file for each pharmaceutical form and a description of the method of dilution and potentisation;
the manufacturing authorisation for the homeopathic veterinary medicinal products concerned;
copies of any registrations obtained for the same homeopathic veterinary medicinal products in other Member States;
the text to appear on the package leaflet, outer packaging and immediate packaging of the homeopathic veterinary medicinal products to be registered;
data concerning the stability of the homeopathic veterinary medicinal product;
in the case of homeopathic veterinary medicinal products intended for food-producing animal species, the active substances shall be those pharmacologically active substances allowed in accordance with Regulation (EC) No 470/2009 and any acts adopted on the basis thereof.
CHAPTER VI
MANUFACTURING, IMPORT AND EXPORT
Article 88
Manufacturing authorisations
A manufacturing authorisation shall be required in order to carry out any of the following activities:
to manufacture veterinary medicinal products even if intended only for export;
to engage in any part of the process of manufacturing a veterinary medicinal product or of bringing a veterinary medicinal product to its final state, including engagement in the processing, assembling, packaging and repackaging, labelling and relabelling, storing, sterilising, testing or releasing it for supply as part of that process; or
to import veterinary medicinal products.
Article 89
Application for manufacturing authorisation
An application for a manufacturing authorisation shall contain at least the following information:
veterinary medicinal products which are to be manufactured or imported;
name or company name and permanent address or registered place of business of the applicant;
pharmaceutical forms which are to be manufactured or imported;
details about the manufacturing site where the veterinary medicinal products are to be manufactured or imported;
a statement to the effect that the applicant fulfils the requirements laid down in Articles 93 and 97.
Article 90
Procedure for granting of manufacturing authorisations
Article 91
Database on manufacturing and wholesale distribution
Article 92
Changes to manufacturing authorisations on request
Article 93
Obligations of the holder of a manufacturing authorisation
The holder of a manufacturing authorisation shall:
have at its disposal suitable and sufficient premises, technical equipment and testing facilities, for the activities stated in its manufacturing authorisation;
have at its disposal the services of at least one qualified person referred to in Article 97 and ensure that the qualified person operates in compliance with that Article;
enable the qualified person referred to in Article 97 to carry out his or her duties, particularly by providing access to all the necessary documents and premises, and by placing at his or her disposal all the necessary technical equipment and testing facilities;
give at least a 30 days prior notice to the competent authority before the replacement of the qualified person referred to in Article 97 or, if prior notice is not possible because the replacement is unexpected, inform the competent authority immediately;
have at its disposal the services of staff complying with the legal requirements existing in the relevant Member State as regards both manufacture and controls;
allow the representatives of the competent authority access to the premises at any time;
keep detailed records of all veterinary medicinal products which the holder of a manufacturing authorisation supplies in accordance with Article 96, and keep samples of each batch;
only supply veterinary medicinal products to wholesale distributors of veterinary medicinal products;
inform the competent authority and the marketing authorisation holder immediately if the holder of a manufacturing authorisation obtains information that veterinary medicinal products which fall within the scope of its manufacturing authorisation are, or are suspected of being, falsified irrespective of whether those veterinary medicinal products were distributed within the legal supply chain or by illegal means, including illegal sale by means of information society services;
comply with good manufacturing practice for veterinary medicinal products and use as starting materials only active substances which have been manufactured in accordance with good manufacturing practice for active substances and distributed in accordance with good distribution practice for active substances;
verify that each manufacturer, distributor and importer within the Union from whom the holder of a manufacturing authorisation obtains active substances is registered with the competent authority of the Member State in which the manufacturer, distributor and importer are established, in accordance with Article 95;
perform audits based on a risk assessment on the manufacturers, distributors and importers from whom the holder of a manufacturing authorisation obtains active substances.
Article 94
Certificates of good manufacturing practice
Article 95
Importers, manufacturers and distributors of active substances established in the Union
The registration form for registering the activity with the competent authority shall include at least the following information:
name or company name and permanent address or registered place of business;
the active substances which are to be imported, manufactured or distributed;
particulars regarding the premises and the technical equipment.
Article 96
Record keeping
The holder of a manufacturing authorisation shall record the following information in respect of all veterinary medicinal products that it supplies:
date of the transaction;
name of the veterinary medicinal product, and marketing authorisation number if applicable, as well as pharmaceutical form and strength, as appropriate;
quantity supplied;
name or company name and permanent address or registered place of business of the recipient;
batch number;
date of expiry.
Article 97
Qualified person responsible for manufacturing and batch release
The duration of practical experience required in the first subparagraph may be reduced by one year where a university course lasts for at least five years and by a year and a half where the university course lasts for at least six years.
Article 98
Certificates of veterinary medicinal products
On the request of a manufacturer or an exporter of veterinary medicinal products, or of the authorities of an importing third country, the competent authority or the Agency shall certify that:
the manufacturer holds a manufacturing authorisation;
the manufacturer possesses a certificate of good manufacturing practice as referred to in Article 94; or
the veterinary medicinal product concerned has been granted a marketing authorisation in that Member State or, in the case of a request to the Agency, that it has been granted a centralised marketing authorisation.
CHAPTER VII
SUPPLY AND USE
Article 99
Wholesale distribution authorisations
Article 100
Application and procedures for wholesale distribution authorisations
An applicant shall demonstrate in the application that the following requirements are met:
the applicant has at its disposal technically competent staff and in particular at least one person designated as responsible person, meeting the conditions provided for in national law;
the applicant has suitable and sufficient premises complying with the requirements laid down by the relevant Member State as regards the storage and handling of veterinary medicinal products;
the applicant has a plan guaranteeing effective implementation of any withdrawal or recall from the market ordered by the competent authorities or the Commission or undertaken in cooperation with the manufacturer or marketing authorisation holder of the veterinary medicinal product concerned;
the applicant has an appropriate record-keeping system ensuring compliance with the requirements referred to in Article 101;
the applicant has a statement to the effect that it fulfils the requirements referred to in Article 101.
The competent authority shall:
inform the applicant of the outcome of the evaluation;
grant, refuse or change the wholesale distribution authorisation; and
upload the relevant information of the authorisation in the manufacturing and wholesale distribution database referred to in Article 91.
Article 101
Obligations of wholesale distributors
A wholesale distributor shall keep detailed records of at least the following information in respect of each transaction:
date of the transaction;
name of the veterinary medicinal product including, as appropriate, pharmaceutical form and strength;
batch number;
expiry date of the veterinary medicinal product;
quantity received or supplied, stating pack size and number of packs;
name or company name and permanent address or registered place of business of the supplier in the event of purchase or of the recipient in the event of sale.
Article 102
Parallel trade in veterinary medicinal products
For the purpose of parallel trade in veterinary medicinal products, the wholesale distributor shall ensure that the veterinary medicinal product it intends to obtain from a Member State (‘source Member State’) and distribute in another Member State (‘destination Member State’) share a common origin with the veterinary medicinal product already authorised in the destination Member State. The veterinary medicinal products are considered as sharing a common origin if they fulfil all the following conditions:
they have the same qualitative and quantitative composition in terms of active substances and excipients;
they have the same pharmaceutical form;
they have the same clinical information and, if applicable, withdrawal period; and
they have been manufactured by the same manufacturer or by a manufacturer working under licence according to the same formulation.
Each wholesale distributor intending to parallel trade a veterinary medicinal product to a destination Member State shall comply with at least the following obligations:
submit a declaration to the competent authority in the destination Member State and take appropriate measures to ensure that the wholesale distributor in the source Member State will keep it informed of any pharmacovigilance issues;
notify the marketing authorisation holder in the destination Member State about the veterinary medicinal product to be obtained from the source Member State and intended to be placed on the market in the destination Member State at least one month prior to submitting to the competent authority the application for parallel trade in that veterinary medicinal product;
submit a written declaration to the competent authority of the destination Member State that the marketing authorisation holder in the destination Member State was notified in accordance with point (b) together with a copy of that notification;
not trade a veterinary medicinal product which has been recalled from the market of the source Member State or destination Member State for quality, safety or efficacy reasons;
collect suspected adverse events and report them to the marketing authorisation holder of the parallel-traded veterinary medicinal product.
The following information shall be attached to the list referred to in paragraph 4 in respect of all veterinary medicinal products:
name of the veterinary medicinal products;
active substances;
pharmaceutical forms;
classification of the veterinary medicinal products in the destination Member State;
marketing authorisation number of the veterinary medicinal products in the source Member State;
marketing authorisation number of the veterinary medicinal products in the destination Member State;
name or company name and permanent address or registered place of business of the wholesale distributor in the source Member State and of the wholesale distributor in the destination Member State.
Article 103
Retail of veterinary medicinal products and record keeping
Retailers of veterinary medicinal products shall keep detailed records of the following information in respect of each transaction of veterinary medicinal products requiring a veterinary prescription under Article 34:
date of the transaction;
name of the veterinary medicinal product including, as appropriate, pharmaceutical form and strength;
batch number;
quantity received or supplied;
name or company name and permanent address or registered place of business of the supplier in the event of purchase, or of the recipient in the event of sale;
name and contact details of the prescribing veterinarian and, where appropriate, a copy of the veterinary prescription;
marketing authorisation number.
Article 104
Retail of veterinary medicinal products at a distance
In addition to the information requirements set out in Article 6 of Directive 2000/31/EC of the European Parliament and of the Council ( 8 ), retailers offering veterinary medicinal products by means of information society services shall provide at least the following information:
the contact details of the competent authority of the Member State in which the retailer offering the veterinary medicinal products is established;
a hyperlink to the website of the Member State of establishment set up in accordance with paragraph 8 of this Article;
the common logo established in accordance with paragraph 6 of this Article is clearly displayed on every page of the website that relates to the offer for sale at a distance of veterinary medicinal products and contains a hyperlink to the entry of the retailer in the list of permitted retailers referred to in point (c) of paragraph 8 of this Article.
Each Member State shall set up a website regarding sale of veterinary medicinal products at a distance, providing at least the following information:
information on its national law applicable to the offering of veterinary medicinal products for sale at a distance by means of information society services, in accordance with paragraphs 1 and 2, including information on the fact that there may be differences between Member States regarding the classification of the supply of the veterinary medicinal products;
information on the common logo;
a list of retailers established in the Member State permitted to offer veterinary medicinal products for sale at a distance by means of information society services in accordance with paragraphs 1 and 2 as well as the website addresses of those retailers.
Article 105
Veterinary prescriptions
Veterinary prescriptions issued by a professional, other than a veterinarian shall be, mutatis mutandis, subject to paragraphs 5, 6, 8, 9 and 11 of this Article.
A veterinary prescription shall contain at least the following elements:
identification of the animal or groups of animals to be treated;
full name and contact details of the animal owner or keeper;
issue date;
full name and contact details of the veterinarian including, if available, the professional number;
signature or an equivalent electronic form of identification of the veterinarian;
name of the prescribed medicinal product, including its active substances;
pharmaceutical form and strength;
quantity prescribed, or the number of packs, including pack size;
dosage regimen;
for food-producing animal species, withdrawal period even if such period is zero;
any warnings necessary to ensure the proper use including, where relevant, to ensure prudent use of antimicrobials;
if a medicinal product is prescribed in accordance with Articles 112, 113 and 114, a statement to that effect;
if a medicinal product is prescribed in accordance with Article 107(3) and (4), a statement to that effect.
Article 106
Use of medicinal products
Article 107
Use of antimicrobial medicinal products
In such cases, the use of antibiotic medicinal products for prophylaxis shall be limited to the administration to an individual animal only, under the conditions laid down in the first subparagraph.
The Commission may, by means of implementing acts, and taking into consideration scientific advice of the Agency, establish a list of antimicrobials which:
shall not be used in accordance with Articles 112, 113 and 114; or
shall only be used in accordance with Articles 112, 113 and 114 subject to certain conditions.
When adopting those implementing acts, the Commission shall take account of the following criteria:
risks to animal or public health if the antimicrobial is used in accordance with Articles 112, 113 and 114;
risk for animal or public health in case of development of antimicrobial resistance;
availability of other treatments for animals;
availability of other antimicrobial treatments for humans;
impact on aquaculture and farming if the animal affected by the condition receives no treatment.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 145(2).
Article 108
Record-keeping by owners and keepers of food-producing animals
Records referred to in paragraph 1 shall include:
date of the first administration of the medicinal product to the animals;
name of the medicinal product;
quantity of the medicinal product administered;
name or company name and permanent address or registered place of business of the supplier;
evidence of acquisition of the medicinal products they use;
identification of the animal or group of animals treated;
name and contact details of the prescribing veterinarian, if applicable;
withdrawal period even if such period is zero;
duration of treatment.
Article 109
Record-keeping obligations for equine animals
Article 110
Use of immunological veterinary medicinal products
The competent authorities may, in accordance with the applicable national law, prohibit the manufacture, import, distribution, possession, sale, supply or use of immunological veterinary medicinal products on their territory or in a part of it if at least one of the following conditions is fulfilled:
the administration of the product to animals may interfere with the implementation of a national programme for the diagnosis, control or eradication of animal disease;
the administration of the product to animals may cause difficulties in certifying the absence of disease in live animals or contamination of foodstuffs or other products obtained from treated animals;
the strains of disease agents to which the product is intended to confer immunity is largely absent in terms of geographic spread from the territory concerned.
Article 111
Use of veterinary medicinal products by veterinarians providing services in other Member States
A veterinarian providing services in a Member State other than the one in which the veterinarian is established (‘host Member State’) shall be allowed to possess and administer veterinary medicinal products which are not authorised in the host Member State to animals or groups of animals which are under the veterinarian’s care in the necessary quantity not exceeding the amount required for the treatment prescribed by the veterinarian, provided that the following conditions are met:
a marketing authorisation for the veterinary medicinal product to be administered to the animals has been granted by the competent authorities of the Member State in which the veterinarian is established or by the Commission;
the veterinary medicinal products concerned are transported by the veterinarian in their original packaging;
the veterinarian follows the good veterinary practice applied in the host Member State;
the veterinarian sets the withdrawal period specified on the labelling or package leaflet of the veterinary medicinal product used;
the veterinarian does not retail any veterinary medicinal product to an owner or keeper of animals treated in the host Member State unless this is permissible under the rules of the host Member State.
Article 112
Use of medicinal products outside the terms of the marketing authorisation in non-food-producing animal species
By way of derogation from Article 106(1), where there is no authorised veterinary medicinal product in a Member State for an indication concerning a non-food-producing animal species, the veterinarian responsible may, under his or her direct personal responsibility and in particular to avoid causing unacceptable suffering, exceptionally treat the animals concerned with the following medicinal product:
a veterinary medicinal product authorised under this Regulation in the relevant Member State or in another Member State for use in the same species or another animal species for the same indication or for another indication;
if there is no veterinary medicinal product as referred to in point (a) of this paragraph, a medicinal product for human use authorised in accordance with Directive 2001/83/EC or Regulation (EC) No 726/2004;
if there is no medicinal product as referred to in point (a) or (b) of this paragraph, a veterinary medicinal product prepared extemporaneously in accordance with the terms of a veterinary prescription.
Article 113
Use of medicinal products outside the terms of the marketing authorisation in food-producing terrestrial animal species
By way of derogation from Article 106(1), where there is no authorised veterinary medicinal product in a Member State for an indication concerning a food-producing terrestrial animal species, the veterinarian responsible may, under his or her direct personal responsibility, and in particular to avoid causing unacceptable suffering, exceptionally treat the animals concerned with the following medicinal product:
a veterinary medicinal product authorised under this Regulation in the relevant Member State or in another Member State for use in the same or in another food-producing terrestrial animal species for the same indication, or for another indication;
if there is no veterinary medicinal product as referred to in point (a) of this paragraph, a veterinary medicinal product authorised under this Regulation in the relevant Member State for use in a non-food-producing animal species for the same indication;
if there is no veterinary medicinal product as referred to in point (a) or (b) of this paragraph, a medicinal product for human use authorised in accordance with Directive 2001/83/EC or Regulation (EC) No 726/2004; or
if there is no medicinal product as referred to in point (a), (b) or (c) of this paragraph, a veterinary medicinal product prepared extemporaneously in accordance with the terms of a veterinary prescription.
Article 114
Use of medicinal products for food-producing aquatic species
By way of derogation from Article 106(1), where there is no authorised veterinary medicinal product in a Member State for an indication concerning a food-producing aquatic species, the veterinarian responsible may, under his or her direct personal responsibility, and in particular to avoid causing unacceptable suffering, treat the animals concerned with the following medicinal product:
a veterinary medicinal product authorised under this Regulation in the relevant Member State or in another Member State for use in the same or in another food-producing aquatic species and for the same indication or for another indication;
if there is no veterinary medicinal product as referred to in point (a) of this paragraph, a veterinary medicinal product authorised under this Regulation in the relevant Member State or in another Member State for use with a food-producing terrestrial species containing a substance present in the list established in accordance with paragraph 3;
if there is no veterinary medicinal product as referred to in point (a) or (b) of this paragraph, a medicinal product for human use authorised in accordance with Directive 2001/83/EC or Regulation (EC) No 726/2004 and containing substances present in the list established in accordance with paragraph 3 of this Article; or
if there is no medicinal product as referred to in point (a), (b) or (c) of this paragraph, a veterinary medicinal product prepared extemporaneously in accordance with the terms of a veterinary prescription.
By way of derogation from points (b) and (c) of paragraph 1, and until the list referred to in paragraph 3 is established, the veterinarian responsible may, under his or her direct personal responsibility and in particular to avoid causing unacceptable suffering, exceptionally treat food-producing aquatic species of a particular holding with the following medicinal product:
a veterinary medicinal product authorised under this Regulation in the relevant Member State or in another Member State for use with a food-producing terrestrial animal species;
if there is no veterinary medicinal product as referred to in point (a) of this paragraph, a medicinal product for human use authorised in accordance with Directive 2001/83/EC or Regulation (EC) No 726/2004.
The Commission, when adopting those implementing acts, shall take account of the following criteria:
risks to the environment if the food-producing aquatic species are treated with those substances;
impact on animal and public health if the food-producing aquatic species affected cannot receive an antimicrobial listed in accordance with Article 107(6);
availability or lack of availability of other medicinal products, treatments or measures for prevention or treatment of diseases or certain indications in food-producing aquatic species.
Article 115
Withdrawal period for medicinal products used outside the terms of the marketing authorisation in food-producing animal species
For the purpose of Articles 113 and 114, unless a medicinal product used has a withdrawal period provided in its summary of the product characteristics for the animal species in question, a withdrawal period shall be set by the veterinarian in accordance with the following criteria:
for meat and offal from food-producing mammals and poultry and farmed game birds the withdrawal period shall not be less than:
the longest withdrawal period provided in its summary of the product characteristics for meat and offal multiplied by factor 1,5;
28 days if the medicinal product is not authorised for food-producing animals;
one day, if the medicinal product has a zero withdrawal period and is used in a different taxonomic family than the target species authorised;
for milk from animals producing milk for human consumption the withdrawal period shall not be less than:
the longest withdrawal period for milk provided in the summary of the product characteristics for any animal species multiplied by factor 1,5;
seven days, if the medicinal product is not authorised for animals producing milk for human consumption;
one day, if the medicinal product has a zero withdrawal period;
for eggs from animals producing eggs for human consumption the withdrawal period shall not be less than:
the longest withdrawal period for eggs provided in the summary of the product characteristics for any animal species multiplied by factor 1,5;
10 days, if the product is not authorised for animals producing eggs for human consumption;
for aquatic species producing meat for human consumption the withdrawal period shall not be less than:
the longest withdrawal period for any of the aquatic species indicated in the summary of the product characteristics multiplied by factor of 1,5 and expressed as degree-days;
if the medicinal product is authorised for food-producing terrestrial animal species, the longest withdrawal period for any of the food-producing animal species indicated in the summary of product characteristics multiplied by a factor of 50 and expressed as degree-days, but not exceeding 500 degree-days;
500 degree-days, if the medicinal product is not authorised for food-producing animal species;
25 degree-days if the highest withdrawal period for any animal species is zero.
Article 116
Health situation
By way of derogation from Article 106(1), a competent authority may allow the use in its territory of veterinary medicinal products not authorised in that Member State, where the situation of animal or public health so requires, and the marketing of those veterinary medicinal products is authorised in another Member State.
Article 117
Collection and disposal of waste of veterinary medicinal products
Member States shall ensure that appropriate systems are in place for the collection and disposal of waste of veterinary medicinal products.
Article 118
Animals or products of animal origin imported into the Union
Article 119
Advertising of veterinary medicinal products
Article 120
Advertising of veterinary medicinal products subject to veterinary prescription
The advertising of veterinary medicinal products that are subject to veterinary prescription in accordance with Article 34 shall be allowed only when made exclusively to the following persons:
veterinarians;
persons permitted to supply veterinary medicinal products in accordance with national law.
By way of derogation from paragraph 1 of this Article, advertising of veterinary medicinal products that are subject to veterinary prescription in accordance with Article 34 to professional keepers of animals may be permitted by the Member State provided the following conditions are met:
the advertising is limited to immunological veterinary medicinal products;
the advertising includes an express invitation to the professional keepers of animal to consult the veterinarian about the immunological veterinary medicinal product.
Article 121
Promotion of medicinal products used in animals
Article 122
Implementation of advertising provisions
Member States may lay down any procedures they deem necessary for the implementation of Articles 119, 120 and 121.
CHAPTER VIII
INSPECTIONS AND CONTROLS
Article 123
Controls
Competent authorities shall carry out controls of the following persons:
manufacturers and importers of veterinary medicinal products and active substances;
distributors of active substances;
marketing authorisation holders;
holders of a wholesale distribution authorisation;
retailers;
owners and keepers of food-producing animals;
veterinarians;
holders of a registration for homeopathic veterinary medicinal products;
holders of veterinary medicinal products referred to in Article 5(6); and
any other persons having obligations under this Regulation.
The risk-based controls referred to in paragraph 2 shall be carried out by the competent authorities taking account of at least:
the intrinsic risks associated with the activities of the persons referred to in paragraph 1 and the location of their activities;
the past record of the persons referred to paragraph 1 as regards the results of controls performed on them and their previous compliance;
any information that might indicate non-compliance;
the potential impact of non-compliance on public health, animal health, animal welfare and the environment.
Inspections may be carried out as part of the controls. Such inspections may be made unannounced. During those inspections the representatives of a competent authority shall at least be empowered to:
inspect the premises, equipment, means of transport, records, documents and systems, related to the objective of the inspection;
inspect and take samples with a view to submitting them for an independent analysis by an Official Medicines Control Laboratory or by a laboratory designated for that purpose by a Member State;
document any evidence deemed necessary by the representatives;
carry out the same controls on any parties performing the tasks required under this Regulation with, for or on behalf of the persons referred to in paragraph 1.
Article 124
Audits by the Commission
The Commission may carry out audits in Member States on their competent authorities for the purpose of confirming the appropriateness of the controls carried out by those competent authorities. Such audits shall be coordinated with the relevant Member State and shall be carried out in a manner which avoids unnecessary administrative burden.
After each audit, the Commission shall draft a report containing, where appropriate, recommendations to the relevant Member State. The Commission shall send the draft report to the competent authority for comments and shall take into account any such comments in drawing up the final report. The final report and the comments shall be made public by the Commission.
Article 125
Certificate of suitability
In order to verify whether the data submitted for obtaining a certificate of suitability complies with the monographs of the European Pharmacopoeia, the standardisation body for nomenclatures and quality norms within the meaning of the Convention on the elaboration of a European Pharmacopoeia accepted by Council Decision 94/358/EC ( 9 ) (European Directorate for the Quality of Medicines and Healthcare (‘EDQM’)) may ask the Commission or the Agency to request an inspection by a competent authority when the starting material concerned is subject to a European Pharmacopoeia monograph.
Article 126
Specific rules on pharmacovigilance inspections
Article 127
Proof of the product quality for veterinary medicinal products
Article 128
Proof of the product quality specific for immunological veterinary medicinal products
For immunological veterinary medicinal products authorised under the centralised procedure, the list of tests to be repeated by the control laboratory may be reduced only upon agreement of the Agency.
CHAPTER IX
RESTRICTIONS AND PENALTIES
Article 129
Temporary safety restrictions
The competent authority and, in the case of centrally authorised veterinary medicinal products, also the Commission may, in the event of a risk to public or animal health or to the environment that requires urgent action, impose temporary safety restrictions on the marketing authorisation holder and other persons having obligations under this Regulation. Those temporary safety restrictions may include:
restriction of supply of the veterinary medicinal product at the request of the competent authority and, in the case of centrally authorised veterinary medicinal products, also at the request of the Commission to the competent authority;
restriction of the use of the veterinary medicinal product at the request of the competent authority and, in the case of centrally authorised veterinary medicinal products, also at the request of the Commission to the competent authority;
suspension of a marketing authorisation by the competent authority having granted that marketing authorisation and, in the case of centrally authorised veterinary medicinal products, by the Commission.
Article 130
Suspending, revoking, or varying the terms, of marketing authorisations
The competent authority or, in the case of centralised marketing authorisations, the Commission may suspend or revoke the marketing authorisation or request the marketing authorisation holder to submit an application for a variation to the terms of the marketing authorisation, as applicable, in the case of one or more of the following reasons:
the marketing authorisation holder does not comply with the requirements set out in Article 58;
the marketing authorisation holder does not comply with the requirements set out in Article 127;
the pharmacovigilance system established in accordance with Article 77(1) is inadequate;
the marketing authorisation holder does not fulfil its obligations laid down in Article 77;
the qualified person responsible for pharmacovigilance does not fulfil his or her tasks as laid down in Article 78.
Following an opinion of the Agency, the Commission shall adopt, where necessary, provisional measures, which shall be applied immediately. The Commission shall, by means of implementing acts, take a final decision. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 145(2).
Article 131
Suspending or revoking a wholesale distribution authorisation
In the event of non-compliance with the requirements laid down in Article 101, other than paragraph 3 thereof, the competent authority may, without prejudice to any other appropriate measures under national law, take one or more of the following measures:
suspend the wholesale distribution authorisation;
suspend the wholesale distribution authorisation for one or more categories of veterinary medicinal products;
revoke the wholesale distribution authorisation for one or more categories of veterinary medicinal products.
Article 132
Removal of importers, manufacturers and distributors of active substance from the manufacturing and wholesale distribution database
In the event of non-compliance by importers, manufacturers and distributors of active substances with the requirements laid down in Article 95, the competent authority shall, temporarily or definitively, remove those importers, manufacturers and distributors from the manufacturing and wholesale distribution database.
Article 133
Suspending or revoking manufacturing authorisations
In the event of non-compliance with the requirements laid down in Article 93, the competent authority shall, without prejudice to any other appropriate measures under national law, take one or more of the following measures:
suspend the manufacture of veterinary medicinal products;
suspend imports of veterinary medicinal products from third countries;
suspend or revoke the manufacturing authorisation for one or more pharmaceutical forms;
suspend or revoke the manufacturing authorisation for one or more activities in one or more manufacturing sites.
Article 134
Prohibiting the supply of veterinary medicinal products
In the event of a risk to public or animal health or to the environment, the competent authority or, in the case of centrally authorised veterinary medicinal products, the Commission, shall prohibit the supply of a veterinary medicinal product and require the marketing authorisation holder or suppliers to cease the supply or recall of the veterinary medicinal product from the market if any of the following conditions apply:
the benefit-risk balance of the veterinary medicinal product is no longer positive;
the qualitative or quantitative composition of the veterinary medicinal product is not as stated in the summary of the product characteristics referred to in Article 35;
the recommended withdrawal period is insufficient to ensure food safety;
the control tests referred to in Article 127(1) have not been carried out; or
the incorrect labelling might lead to a serious risk to animal or public health.
Article 135
Penalties imposed by Member States
Member States shall, by 28 January 2022, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendments affecting them.
Article 136
Financial penalties imposed by the Commission on holders of marketing authorisation for centrally authorised veterinary medicinal products
The Commission may, insofar as specifically provided for in the delegated acts referred to in point (b) of paragraph 7, impose the financial penalties referred to in paragraph 1 also on a legal entity or legal entities other than the marketing authorisation holder provided that such entities form part of the same economic entity as the marketing authorisation holder and that such other legal entities:
exerted a decisive influence over the marketing authorisation holder; or
were involved in, or could have addressed, such failure to comply with the obligation by the marketing authorisation holder.
For the purposes of paragraph 1, the Commission shall also take into account:
any infringement procedure initiated by a Member State against the same marketing authorisation holder on the basis of the same legal grounds and the same facts; and
any sanctions, including penalties, already imposed on the same marketing authorisation holder on the basis of the same legal grounds and the same facts.
Where the marketing authorisation holder continues to fail to comply with its obligations referred to in paragraph 1, the Commission may adopt a decision imposing periodic penalty payments per day not exceeding 2,5 % of the marketing authorisation holder’s average daily Union turnover in the business year preceding the date of that decision.
Periodic penalty payments may be imposed for a period running from the date of notification of the relevant Commission's decision until the failure to comply with the obligation by the marketing authorisation holder, as referred to in paragraph 1, has been brought to an end.
The Commission shall adopt delegated acts in accordance with Article 147 in order to supplement this Regulation by laying down:
procedures to be applied by the Commission when imposing fines or periodic penalty payments, including rules on the initiation of the procedure, measures of inquiry, rights of defence, access to file, legal representation and confidentiality;
further detailed rules on the imposition by the Commission of financial penalties on legal entities other than the marketing authorisation holder;
rules on duration of procedure and limitation periods;
elements to be taken into account by the Commission when setting the level of, and imposing, fines and periodic penalty payments, as well as the conditions and methods for their collection.
CHAPTER X
REGULATORY NETWORK
Article 137
Competent authorities
Article 138
Scientific opinion for international organisations for animal health
Article 139
Committee for Veterinary Medicinal Products
The Committee shall establish its own rules of procedure. Those rules shall, in particular, lay down:
procedures for appointing and replacing the Chair;
the appointment of members of any working parties or scientific advisory groups on the basis of the lists of accredited experts referred to in the second subparagraph of Article 62(2) of Regulation (EC) No 726/2004 and procedures for consultation of working parties and scientific advisory groups;
a procedure for urgent adoption of opinions, particularly in relation to the provisions of this Regulation on market surveillance and pharmacovigilance.
The rules of procedure shall enter into force after receiving a favourable opinion from the Commission and the Management Board of the Agency.
Article 140
Members of the Committee
Article 141
Tasks of the Committee
The Committee shall have the following tasks:
carry out the tasks conferred on it under this Regulation and Regulation (EC) No 726/2004;
prepare scientific opinions of the Agency on questions relating to the evaluation and use of veterinary medicinal products;
prepare opinions on scientific matters concerning the evaluation and use of veterinary medicinal products on the request of the Executive Director of the Agency or the Commission;
prepare opinions of the Agency on questions concerning the admissibility of applications submitted in accordance with the centralised procedure, and on granting, varying, suspending or revoking marketing authorisations for centrally authorised veterinary medicinal products;
take due account of any request made by Member States for scientific opinions;
provide guidance on important questions and issues of general scientific nature;
give a scientific opinion, in the context of cooperation with the World Organisation for Animal Health, concerning the evaluation of certain veterinary medicinal products intended exclusively for markets outside the Union;
advise on the maximum limits for residues of veterinary medicinal products and biocidal products used in animal husbandry which may be accepted in foodstuffs of animal origin in accordance with Regulation (EC) No 470/2009;
provide scientific advice on the use of antimicrobials and antiparasitics in animals in order to minimise the occurrence of resistance in the Union, and update that advice when needed;
provide objective scientific opinions to the Member States on the questions which are referred to the Committee.
Article 142
Coordination group for mutual recognition and decentralised procedures for veterinary medicinal products
Article 143
Members of the coordination group
Article 144
Tasks of the coordination group
The coordination group shall have the following tasks:
examine questions concerning mutual recognition and decentralised procedures;
examine advice from the pharmacovigilance working party of the Committee concerning risk management measures in pharmacovigilance related to veterinary medicinal products authorised in Member States and issue recommendations to the Member States and to the marketing authorisation holders, as necessary;
examine questions concerning variations to the terms of marketing authorisations granted by Member States;
provide recommendations to Member States whether a specific veterinary medicinal product or a group of veterinary medicinal products is to be considered a veterinary medicinal product within the scope of this Regulation;
coordinate the selection of the lead authority responsible for the assessment of the results of the signal management process referred to in Article 81(4);
draw up and publish an annual list of reference veterinary medicinal products which shall be subject to harmonisation of the summaries of product characteristics in accordance with Article 70(3).
CHAPTER XI
COMMON AND PROCEDURAL PROVISIONS
Article 145
Standing Committee on Veterinary Medicinal Products
Article 146
Amendments to Annex II
Article 147
Exercise of the delegation
Article 148
Data protection
CHAPTER XII
TRANSITIONAL AND FINAL PROVISIONS
Article 149
Repeal
Directive 2001/82/EC is repealed.
References to the repealed Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex IV.
Article 150
Relation with other Union acts
Article 151
Prior applications
Article 152
Existing veterinary medicinal products, marketing authorisations and registrations
The first subparagraph of this paragraph shall not apply to marketing authorisations for antimicrobial veterinary medicinal products containing antimicrobials which have been reserved for treatment in humans in accordance with implementing acts referred to in Article 37(5).
Article 153
Transitional provisions regarding delegated and implementing acts
When adopting the delegated and implementing acts referred to in this Article, the Commission shall allow sufficient time between their adoption and their start of application.
Article 154
Establishment of the pharmacovigilance database and of the manufacturing and wholesale distribution database
Without prejudice to the date of application of this Regulation, the Agency, in collaboration with the Member States and the Commission, shall, in accordance with Articles 74 and 91 respectively, ensure the establishment of the pharmacovigilance database and of the manufacturing and wholesale distribution database at the latest by 28 January 2022.
Article 155
Initial input to the product database by competent authorities
At the latest by 28 January 2022, the competent authorities shall submit, electronically, information on all veterinary medicinal products authorised in their Member State at that time to the Agency, using the format referred to in point (a) of Article 55(3).
Article 156
Review of rules for environmental risk assessment
By 28 January 2022, the Commission shall present a report to the European Parliament and to the Council on a feasibility study of an active substance based review system (‘monographs’) and other potential alternatives for the environmental risk assessment of veterinary medicinal products, to be accompanied, if appropriate, by a legislative proposal.
Article 157
Commission report on traditional herbal products used to treat animals
The Commission shall report to the European Parliament and to the Council by 29 January 2027, on traditional herbal products used to treat animals in the Union. If appropriate, the Commission shall make a legislative proposal in order to introduce a simplified system for registering traditional herbal products used to treat animals.
The Member States shall provide information to the Commission on such traditional herbal products within their territories.
Article 158
Review of measures regarding animals of the equine species
No later than 29 January 2025, the Commission shall present a report to the European Parliament and to the Council on its assessment of the situation as regards the treatment with medicinal products of animals of the equine species and their exclusion from the food chain, including with regard to imports of animals of the equine species from third countries, to be accompanied by any appropriate action by the Commission taking into account, in particular, public health, animal welfare, the risks of fraud and the level playing field with third countries.
Article 159
Transitional provisions regarding certain certificates of good manufacturing practice
Without prejudice to the date of application of this Regulation, the obligations regarding certificates of good manufacturing practice for inactivated immunological veterinary medicinal products which are manufactured from pathogens and antigens obtained from an animal or animals in an epidemiological unit and used for the treatment of that animal or those animals in the same epidemiological unit or for the treatment of an animal or animals in a unit having a confirmed epidemiological link shall only start to apply from the date of application of the implementing acts laying down specific measures on good manufacturing practice for those veterinary medicinal products referred to in Article 93(2).
Article 160
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 28 January 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
INFORMATION REFERRED TO IN POINT (A) OF ARTICLE 8(1)
1. Legal basis for the application for the marketing authorisation
2. Applicant
2.1. Name or company name and permanent address or registered place of business of the applicant
2.2. Name or company name and permanent address or registered place of business of manufacturer(s) or importer(s) of the finished veterinary medicinal product and name or company name and permanent address or registered place of business of the manufacturer of the active substance(s)
2.3. Name and address of the sites involved in the different stages of the manufacturing, importing, control and batch release
3. Identification of the veterinary medicinal product
3.1. Name of the veterinary medicinal product and Anatomical Therapeutic Chemical Veterinary code (ATCvet Code)
3.2. Active substance(s) and, if applicable, diluent(s)
3.3. Strength or, in case of immunological veterinary medicinal product, biological activity, potency or titre
3.4. Pharmaceutical form
3.5. Route of administration
3.6. Target species
4. Manufacturing and pharmacovigilance information
4.1. Proof of a manufacturing authorisation or certificate of good manufacturing practice
4.2. Reference number of pharmacovigilance system master file
5. Veterinary medicinal product information
5.1. Proposed summary of the product characteristics drawn up in accordance with Article 35
5.2. Description of the final presentation of the veterinary medicinal product, including packaging and labelling
5.3. Proposed text of the information to be provided on the immediate packaging, outer packaging and the package leaflet in accordance with Articles 10 to 16
6. Other information
6.1. List of countries in which a marketing authorisation has been granted or revoked for the veterinary medicinal product
6.2. Copies of all the summaries of product characteristics as included in the terms of marketing authorisations granted by Member States
6.3. List of countries in which an application has been submitted or refused
6.4. List of Member States in which the veterinary medicinal product is to be placed on the market
6.5. Critical expert reports on quality, safety and efficacy of the veterinary medicinal product.
ANNEX II
REQUIREMENTS REFERRED TO IN ARTICLE 8(1), POINT (B)
Table of Contents |
|
SECTION I |
GENERAL PRINCIPLES AND REQUIREMENTS |
I.1. |
General principles |
I.2. |
Dossier composition requirements |
I.2.1. |
Part 1: Summary of the dossier |
I.2.2. |
Part 2: Quality documentation (physicochemical, biological or microbiological information) |
I.2.3. |
Part 3: Safety documentation (safety and residues tests) |
I.2.4. |
Part 4: Efficacy documentation (pre-clinical studies and clinical trial(s)) |
I.2.5. |
Detailed requirements for different types of veterinary medicinal products or marketing authorisation dossiers |
SECTION II |
REQUIREMENTS FOR VETERINARY MEDICINAL PRODUCTS OTHER THAN BIOLOGICAL VETERINARY MEDICINAL PRODUCTS |
II.1. |
Part 1: Summary of the dossier |
II.2. |
Part 2: Quality documentation (physicochemical, biological or microbiological information) |
II.2A. |
Product description |
II.2A1. |
Qualitative and quantitative composition |
II.2A2. |
Product development |
II.2B. |
Description of the manufacturing method |
II.2C. |
Production and control of starting material |
II.2C1. |
Active substance(s) |
II.2C1.1. |
Active substances listed in pharmacopoeias |
II.2C1.2. |
Active substances not listed in a pharmacopoeia |
II.2C1.3. |
Physicochemical characteristics liable to affect bioavailability |
II.2C2. |
Excipients |
II.2C3. |
Packaging (container-closure systems) |
II.2C3.1. |
Active substance |
II.2C3.2. |
Finished product |
II.2C4. |
Substances of biological origin |
II.2D. |
Control tests carried out on isolated intermediates during the manufacturing process |
II.2E. |
Control tests on the finished product |
II.2E1. |
General characteristics of the finished product |
II.2E2. |
Identification and assay of active substance(s) |
II.2E3. |
Identification and assay of excipient components |
II.2E4. |
Microbiological controls |
II.2E5. |
Batch-to-batch consistency |
II.2E6. |
Other controls |
II.2F. |
Stability test |
II.2F1. |
Active substance(s) |
II.2F2. |
Finished product |
II.2G. |
Other information |
II.3 |
Part 3: Safety documentation (safety and residues tests) |
II.3A. |
Safety tests |
II.3A1. |
Precise identification of the product and of its active substance(s) |
II.3A2. |
Pharmacology |
II.3A2.1. |
Pharmacodynamics |
II.3A2.2. |
Pharmacokinetics |
II.3A3. |
Toxicology |
II.3A4. |
Other requirements |
II.3A.4.1. |
Special studies |
II.3A.4.2. |
Observations in humans |
II.3A.4.3. |
Development of resistance and related risk in humans |
II.3A5. |
User safety |
II.3A6. |
Environmental risk assessment |
II.3B. |
Residue tests |
II.3B1. |
Identification of the product |
II.3B2. |
Depletion of residues (metabolism and residue kinetics) |
II.3B3. |
Residue analytical method |
II.4. |
Part 4: Efficacy documentation (pre-clinical studies and clinical trial(s)) |
II.4A. |
Pre-clinical studies |
II.4A1. |
Pharmacology |
II.4A.1.1. |
Pharmacodynamics |
II.4A.1.2. |
Pharmacokinetics |
II.4A2. |
Development of resistance and related risk in animals |
II.4A3. |
Dose determination and confirmation |
II.4A4. |
Tolerance in the target animal species |
II.4B. |
Clinical trial(s) |
II.4B1. |
General principles |
II.4B2. |
Documentation |
II.4B2.1. |
Results of pre-clinical studies |
II.4B2.2. |
Results of clinical trials |
SECTION III |
REQUIREMENTS FOR BIOLOGICAL VETERINARY MEDICINAL PRODUCTS |
SECTION IIIa |
REQUIREMENTS FOR BIOLOGICAL VETERINARY MEDICINAL PRODUCTS OTHER THAN IMMUNOLOGICAL VETERINARY MEDICINAL PRODUCTS |
IIIa.1. |
Part 1: Summary of the dossier |
IIIa.2. |
Part 2: Quality documentation (physicochemical, biological or microbiological information) |
IIIa.2A. |
Product description |
IIIa.2A1. |
Qualitative and quantitative composition |
IIIa.2A2. |
Product development |
IIIa.2A3. |
Characterisation |
IIIa.2A3.1. |
Elucidation of structure and other characteristics |
IIIa.2A3.2. |
Impurities |
IIIa.2B. |
Description of the manufacturing method |
IIIa.2C. |
Production and control of starting materials |
IIIa.2C1. |
Starting materials listed in pharmacopoeias |
IIIa.2C2. |
Starting materials not listed in a pharmacopoeia |
IIIa.2C2.1. |
Starting materials of biological origin |
IIIa.2C2.2. |
Starting materials of non-biological origin |
IIIa.2D. |
Control tests during the manufacturing process |
IIIa.2E. |
Control tests on the finished product |
IIIa.2E1 |
Finish product specification |
IIIa.2E2 |
Method descriptions and validation of release tests |
IIIa.2E3. |
Reference standards or materials |
IIIa.2F. |
Batch-to-batch consistency |
IIIa.2F1. |
Active substance |
IIIa.2F2. |
Finished product |
IIIa.2G. |
Stability tests |
IIIa.2H. |
Other information |
IIIa.3. |
Part 3: Safety documentation (safety and residues tests) |
IIIa.3A. |
Safety tests |
IIIa.3A1. |
Precise identification of the product and of its active substance(s): |
IIIa.3A2. |
Pharmacology |
IIIa.3A2.1. |
Pharmacodynamics |
IIIa.3A2.2. |
Pharmacokinetics |
IIIa.3A3. |
Toxicology |
IIIa.3A3.1. |
Single-dose toxicity |
IIIa.3A3.2. |
Repeat-dose toxicity |
IIIa.3A3.3. |
Tolerance in the target species |
IIIa.3A3.4. |
Reproductive toxicity including developmental toxicity |
IIIa.3A3.5. |
Genotoxicity |
IIIa.3A3.6. |
Carcinogenicity |
IIIa.3A3.7. |
Exceptions |
IIIa.3A4. |
Other requirements |
IIIa.3A4.1. |
Special studies |
IIIa.3A4.2. |
Observations in humans |
IIIa.3A4.3. |
Development of resistance and related risk in humans |
IIIa.3A5. |
User safety |
IIIa.3A6. |
Environmental risk assessment |
IIIa.3A6.1. |
Environmental risk assessment of veterinary medicinal products not containing or consisting of genetically modified organisms |
IIIa.3A6.2. |
Environmental risk assessment for veterinary medicinal products containing or consisting of genetically modified organisms |
IIIa.3B. |
Residue tests |
IIIa.3B1. |
Identification of the product |
IIIa.3B2. |
Depletion of residues |
IIIa.3B3. |
Residue analytical method |
IIIa.4. |
Part 4: Efficacy documentation (pre-clinical studies and clinical trial(s)) |
IIIa.4A. |
Pre-clinical studies |
IIIa.4A1. |
Pharmacology |
IIIa.4A1.1. |
Pharmacodynamics |
IIIa.4A1.2. |
Pharmacokinetics |
IIIa.4A2. |
Development of resistance and related risk in animals |
IIIa.4A3. |
Dose determination and confirmation |
IIIa.4A4. |
Tolerance in the target animal species |
IIIa.4B. |
Clinical trials |
IIIa.4B1. |
General principles |
IIIa.4B2. |
Documentation |
IIIa.4B2.1. |
Clinical trials |
IIIa.4B2.2. |
Clinical trials |
SECTION IIIb |
REQUIREMENTS FOR IMMUNOLOGICAL VETERINARY MEDICINAL PRODUCTS |
IIIb.1. |
Part 1: Summary of the dossier |
IIIb.2. |
Part 2: Quality documentation (physicochemical, biological and microbiological information) |
IIIb.2.A. |
Product description |
IIIb.2A1. |
Qualitative and quantitative composition |
IIIb.2A2. |
Product development |
IIIb.2B. |
Description of the manufacturing method |
IIIb.2C. |
Production and control of starting materials |
IIIb.2C1. |
Starting materials listed in pharmacopoeias |
IIIb.2C2. |
Starting materials not listed in a pharmacopoeia |
IIIb.2C2.1. |
Starting materials of biological origin |
IIIb.2C2.2. |
Starting materials of non-biological origin |
IIIb.2D. |
Control tests during the manufacturing process |
IIIb.2E. |
Control tests on the finished product |
IIIb.2F. |
Batch-to-batch consistency |
IIIb.2G. |
Stability tests |
IIIb.2H. |
Other information |
IIIb.3. |
Part 3: Safety documentation (safety and residues tests) |
IIIb.3A. |
General requirements |
IIIb.3B. |
Pre-clinical studies |
IIIb.3C. |
Clinical trials |
IIIb.3D. |
Environmental risk assessment |
IIIb.3E. |
Assessment required for veterinary medicinal products containing or consisting of genetically modified organisms |
IIIb.3F. |
Residue tests to be included in the laboratory studies |
IIIb.4. |
Part 4: Efficacy documentation (pre-clinical studies and clinical trial(s)) |
IIIb.4A. |
General requirements |
IIIb.4B. |
Pre-clinical studies |
IIIb.4C. |
Clinical trials |
SECTION IV |
REQUIREMENTS FOR SPECIFIC MARKETING AUTHORISATION APPLICATIONS |
IV.1. |
Applications for generic veterinary medicinal products |
IV.2. |
Applications for hybrid veterinary medicinal products |
IV.3. |
Applications for combination veterinary medicinal products |
IV.4. |
Applications based on informed consent |
IV.5. |
Applications based on bibliographic data |
IV.6. |
Applications for limited markets |
IV.7. |
Applications in exceptional circumstances |
SECTION V |
REQUIREMENTS FOR MARKETING AUTHORISATION APPLICATIONS FOR PARTICULAR VETERINARY MEDICINAL PRODUCTS |
V.1. |
Novel therapies veterinary medicinal products |
V.1.1 |
General requirements |
V.1.2. |
Quality requirements |
V.1.3. |
Safety requirements |
V.1.4. |
Efficacy requirements |
V.1.5. |
Specific data requirements for particular types of novel therapy products |
V.1.5.1. |
Principles |
V.1.5.2. |
Gene therapy veterinary medicinal products |
V.1.5.3. |
Regenerative medicine, tissue engineering and cell therapy veterinary medicinal products |
V.1.5.4. |
Veterinary medicinal product specifically designed for phage therapy |
V.1.5.5. |
Veterinary medicinal product issued from nanotechnologies |
V.1.5.6. |
RNA antisense therapy and RNA interference therapy products |
V.2. |
Vaccine antigen master file |
V.3. |
Multi-strain dossier |
V.4. |
Vaccine platform technology |
V.5. |
Authorised homeopathic veterinary medicinal products |
SECTION I
GENERAL PRINCIPLES AND REQUIREMENTS
I.1. General principles
I.1.1. The documentation accompanying an application for a marketing authorisation pursuant to Articles 8, and 18 to 25 shall be presented in accordance with the requirements set out in this Annex and shall take into account the guidance documents published by the Commission and the requirements for electronic format published by the Agency.
I.1.2. In assembling the dossier for application for a marketing authorisation, applicants shall also take into account the most up-to-date veterinary medicinal knowledge and the scientific guidelines relating to the quality, safety and efficacy of veterinary medicinal products published by the Agency.
I.1.3. For veterinary medicinal products, all relevant monographs of the European Pharmacopoeia, including general monographs and the general chapters, are applicable for the appropriate parts of the dossier.
I.1.4. The manufacturing processes for the active substance(s) and finished product shall comply with Good Manufacturing Practice (GMP).
I.1.5. All information which is relevant to the evaluation of the veterinary medicinal product concerned shall be included in the application, whether favourable or unfavourable to the product. In particular, all relevant details related to any incomplete or abandoned study or trial relating to the veterinary medicinal product shall be given.
I.1.6. Pharmacological, toxicological, residue and pre-clinical safety studies shall be carried out in conformity with the provisions related to Good Laboratory Practice (GLP) laid down in Directives 2004/10/EC ( 14 ) and 2004/9/EC ( 15 ) of the European Parliament and of the Council.
I.1.7. All experiments on animals shall be conducted taking into account the principles laid down in Directive 2010/63/EU, notwithstanding the place of conduct of the experiments.
I.1.8. The environmental risk assessment connected with the release of veterinary medicinal products containing or consisting of Genetically Modified Organisms (GMOs) within the meaning of Article 2 of Directive 2001/18/EC shall be provided in the dossier as a separate document. The information shall be presented in accordance with the provisions of Directive 2001/18/EC, taking into account guidance published by the Commission.
I.1.9. The applicant shall confirm in Part 1 of the dossier for an application for marketing authorisation that all submitted data relevant to the quality, safety and efficacy of the veterinary medicinal product, including data publicly available, are not subject to protection of technical documentation.
I.2. Dossier composition requirements
Any dossier for an application for marketing authorisation for a veterinary medicinal product shall consist of the following parts:
I.2.1. Part 1: Summary of the dossier
Part 1 shall include administrative information as outlined in Annex I, as follows:
Part 1A: points 1 to 4 and 6.1 to 6.4;
Part 1B: point 5;
Part 1C: point 6.5.
With regard to Part 1B, point 5.1, in connection to Article 35(1), point (l), an application proposing classification of a veterinary medicinal product as "not subject to veterinary prescription" shall include a critical review of the product characteristics in order to justify the suitability of such classification taking into consideration target and non-target animal safety, public health as well as environmental safety, as outlined in the criteria given in Article 34(3), points (a) to (g).
Each critical expert report shall be prepared with regard to the state of scientific knowledge at the time of submission of the application. It shall contain an evaluation of the various tests and trials which constitute the marketing authorisation dossier, and shall address all aspects relevant to the assessment of the quality, safety and efficacy of the veterinary medicinal product. It shall give detailed results of the tests and trials submitted and precise bibliographic references. Copies of the bibliographic references cited shall be provided.
The critical expert reports shall be signed and dated by the author of those reports, and information about the author’s educational background, training and occupational experience shall be attached. The professional relationship of the author with the applicant shall be declared.
The critical expert reports and the appendices shall contain precise and clear cross-references to the information contained in the technical documentation.
Where Part 2 is presented using the format of the Common Technical Document (CTD), the quality overall summary (QOS) shall be used for the critical expert report on quality.
For Parts 3 and 4 the critical expert report shall also include a tabulated summary of all technical documentation and relevant data submitted.
I.2.2. Part 2: Quality documentation (physicochemical, biological or microbiological information)
(1) The pharmaceutical quality (physicochemical, biological or microbiological) data shall include for the active substance(s) and for the finished veterinary medicinal product information on the manufacturing process, the characterisation and properties, the quality control procedures and requirements, the stability as well as a description of the composition, the development and presentation of the veterinary medicinal product.
(2) All monographs, including specific monographs, general monographs and general chapters of the European Pharmacopoeia are applicable. For immunological veterinary medicinal products, all monographs, including specific monographs, general monographs and general chapters of the European Pharmacopoeia are applicable, unless otherwise justified. In the absence of a European Pharmacopoeia monograph, the monograph of a Member State pharmacopoeia may be applied. In cases where a substance is described neither in the European Pharmacopoeia nor in the pharmacopoeia of a Member State, compliance with the monograph of a third country pharmacopoeia may be accepted if its suitability is demonstrated; in such cases, the applicant shall submit a copy of the monograph accompanied by a translation where appropriate. Data to demonstrate the ability of the monograph to adequately control the quality of the substance shall be presented.
(3) If tests other than those mentioned in the pharmacopoeia are used, the use of such tests shall be justified by providing proof that the materials, if tested in accordance with the pharmacopoeia, would meet the quality requirements of the relevant pharmacopoeial monograph.
(4) All test procedures for analysis and quality control shall take account of established guidance and requirements. The results of the validation studies shall be provided. All the test procedure(s) shall be described in sufficient detail so as to be reproducible in control tests, carried out at the request of the competent authority and in order to be properly assessed by the competent authority. Any special apparatus and equipment, which may be used shall be described in adequate manner, accompanied by a diagram, if relevant. The formulae of the laboratory reagents shall be supplemented, if necessary, by the method of preparation. In the case of test procedures included in the European Pharmacopoeia or the pharmacopoeia of a Member State, this description may be replaced by a detailed reference to the pharmacopoeia in question.
(5) Where available, chemical and biological reference material of the European Pharmacopoeia shall be used. If other reference preparations and standards are used, they shall be identified and described in detail.
(6) The pharmaceutical quality (physicochemical, biological or microbiological) data for the active substance and/or the finished product may be included in the dossier in Common Technical Document (CTD) format.
(7) For biological veterinary medicinal products, including immunologicals, information on solvents needed for making the final product preparation shall be included in the dossier. A biological veterinary medicinal product is regarded as one product even when more than one solvent is required so that different preparations of the final product can be prepared, which may be for administration by different routes or methods of administration. Solvents supplied with biological veterinary medicinal products may be packed together with the active substance vials or separately.
(8) In accordance with Directive 2010/63/EU and the European Convention for the Protection of Vertebrate Animals Used for Experimental and Other Scientific Purposes, tests shall be carried out in such a way as to use the minimum number of animals and to cause the least pain, suffering, distress or lasting harm. If available, an alternative in vitro test shall be used when this leads to replacement or reduction of animal use or reduction of suffering.
I.2.3. Part 3: Safety documentation (safety and residues tests)
(1) The dossier on the safety studies shall include the following:
synthesis of the tests which have been carried out in compliance with this Part, with detailed references to the published literature containing an objective discussion of all the results obtained. Omission of any tests or trials listed and inclusion of an alternative type of study shall be indicated and discussed;
statement of compliance with GLP for pre-clinical safety studies, where applicable, together with a discussion of the contribution that any non-GLP study may make to the overall risk assessment, and justification of non-GLP status.
(2) The dossier shall include the following:
an index of all studies and trials included in the dossier;
a justification for the omission of any type of study and trial;
an explanation of the inclusion of an alternative type of study or trial;
a discussion of the contribution that any non-GLP study or trial may make to the overall risk assessment and justification of non-GLP status.
I.2.4. Part 4: Efficacy documentation (pre-clinical studies and clinical trial(s))
(1) The dossier on efficacy shall include all pre-clinical and clinical documentation, whether favourable or unfavourable to the veterinary medicinal products, in order to enable an objective overall assessment of the benefit/risk balance of the product.
(2) The dossier on the efficacy studies shall include the following:
synthesis of the tests which have been carried out in compliance with this Part, with detailed references to the published literature containing an objective discussion of all the results obtained. Omission of any tests or trials listed and inclusion of an alternative type of study shall be indicated and discussed;
a statement of compliance with GLP for pre-clinical safety studies, where applicable, together with a discussion of the contribution that any non-GLP study may make to the overall risk assessment, and justification of non-GLP status.
(3) The dossier shall include the following:
an index of all studies included in the dossier;
a justification for the omission of any type of study;
an explanation of the inclusion of an alternative type of study.
(4) The purpose of the trials described in this Part is to demonstrate the efficacy of the veterinary medicinal product. All claims made by the applicant with regard to the properties, effects and use of the product shall be fully supported by results of specific trials contained in the application for marketing authorisation.
(5) All efficacy trials shall be conducted in accordance with a fully considered detailed protocol, which shall be recorded in writing prior to commencement of the trial. The welfare of the trial animals shall be subject to veterinary supervision and shall be taken fully into consideration during the elaboration of any trial protocol and throughout the conduct of the trial.
(6) Clinical trials (field trials) shall be conducted in accordance with established principles of good clinical practice, unless otherwise justified.
(7) Before the commencement of any field trial, the informed consent of the owner of the animals to be used in the trial shall be obtained and documented. In particular, the animal owner shall be informed in writing of the consequences of participation in the trial for the subsequent disposal of treated animals or for the taking of foodstuffs from treated animals.
I.2.5. Detailed requirements for different types of veterinary medicinal products or marketing authorisation dossiers
(1) Detailed requirements for different types of veterinary medicinal products or specific types of marketing authorisation dossiers are outlined in the following Sections of this Annex:
Section II describes the standardised requirements for applications for veterinary medicinal products other than biological veterinary medicinal products;
Section III describes the standardised requirements for applications for biological veterinary medicinal products:
Section IIIa describes the standardised requirements for applications for biological veterinary medicinal products other than immunological veterinary medicinal products;
Section IIIb describes the standardised requirements for applications for immunological veterinary medicinal products;
Section IV describes the dossier requirements for specific types of marketing authorisation dossiers;
Section V describes the dossier requirements for particular types of veterinary medicinal products.
SECTION II
REQUIREMENTS FOR VETERINARY MEDICINAL PRODUCTS OTHER THAN BIOLOGICAL VETERINARY MEDICINAL PRODUCTS
The following detailed requirements shall apply to veterinary medicinal products other than biological veterinary medicinal products, except where otherwise set out in Section IV.
II.1. Part 1: Summary of the dossier
Please refer to Section I.
II.2. Part 2: Quality documentation (physicochemical, biological or microbiological information)
II.2A. Product description
II.2A1. Qualitative and quantitative composition
(1) Qualitative composition of all the constituents of the medicinal product shall mean the designation or description of:
active substance(s);
excipients, the constituents of the excipients, whatever their nature or the quantity used, including colouring matter, preservatives, adjuvants, stabilisers, thickeners, emulsifiers, flavouring and aromatic substances;
other constituents, intended to be ingested or otherwise administered to animals, of the outer covering of the veterinary medicinal products, such as capsules, gelatine capsules, intraruminal devices;
any relevant data concerning the immediate packaging and if relevant the outer packaging and, where appropriate, its manner of closure, together with details of devices with which the veterinary medicinal product will be used or administered and which will be supplied with the medicinal product.
(2) The usual terminology to be used in describing the constituents of veterinary medicinal products means, notwithstanding the application of the other provisions of Article 8:
in respect of substances which appear in the European Pharmacopoeia or, failing this, in the national pharmacopoeia of one of the Member States, the main title at the head of the monograph in question, with reference to the pharmacopoeia concerned;
in respect of other substances, the international non-proprietary name (INN) recommended by the World Health Organisation (WHO), which may be accompanied by another non-proprietary name, or, failing these, the exact scientific designation;
constituents not having an international non-proprietary name or an exact scientific designation shall be described by a statement of how and from what they were prepared, supplemented, where appropriate, by any other relevant details;
in respect of colouring matter, designation by the ‘E’ code assigned to them by Directive 2009/35/EC of the European Parliament and Council.
(3) In order to give the quantitative composition of all the active substances and excipients of the veterinary medicinal products, it is necessary, depending on the pharmaceutical form concerned, to specify the mass, or the number of units of biological activity, either per dosage-unit or per unit of mass or volume, of each active substance and excipient.
(4) Units of biological activity shall be used for substances which cannot be defined chemically. Where an international unit of biological activity has been defined, this shall be used. Where no international unit has been defined, the units of biological activity shall be expressed in such a way as to provide unambiguous information on the activity of the substances by using where applicable the European Pharmacopoeia Units.
(5) Quantitative composition shall be supplemented:
in respect of single-dose preparations: by the mass or units of biological activity of each active substance in the unit container, taking into account the usable volume of the product, after reconstitution, where appropriate;
in respect of veterinary medicinal products to be administered by drops: by the mass or units of biological activity of each active substance contained per drop or contained in the number of drops corresponding to 1 ml or 1 g of the preparation;
in respect of pharmaceutical forms to be administered in measured quantities: by the mass or units of biological activity of each active substance per measured quantity.
(6) Active substances present in the form of compounds or derivatives shall be described quantitatively by their total mass, and if necessary or relevant, by the mass of the active entity or entities of the molecule.
(7) For veterinary medicinal products containing an active substance which is the subject of an application for marketing authorisation in the Union for the first time, the quantitative statement of an active substance which is a salt or hydrate shall be systematically expressed in terms of the mass of the active entity or entities in the molecule. All subsequently authorised veterinary medicinal products in the Member States shall have their quantitative composition stated in the same way for the same active substance.
II.2A2. Product development
(1) An explanation shall be provided with regard to the choice of composition, constituents, packaging, the intended function of the excipients in the finished product and the method of manufacture including justification of the selection of the method and details of the sterilisation processes and/or aseptic procedures used of the finished product. This explanation shall be supported by scientific data on development pharmaceutics. Any overage, with justification thereof, shall be stated. The microbiological characteristics (microbiological purity and antimicrobial activity) and usage instructions shall be proven to be appropriate for the intended use of the veterinary medicinal product as specified in the marketing authorisation application dossier.
(2) A study of the interaction between finished product and the primary packaging shall be submitted wherever the risk of such interaction is regarded as possible, especially where injectable preparations are concerned.
(3) The proposed pack sizes shall be justified in relation to the proposed route of administration, the posology and the target species in particular for antimicrobial (active) substances.
(4) When a dosing device is provided with the finished product, the accuracy of the doses(s) shall be demonstrated.
(5) When an accompanying test is recommended to be used with the finished product (e.g. a diagnostic test), relevant information about the test shall be provided.
(6) For veterinary medicinal products intended for incorporation into feed, information shall be provided on inclusion rates, instructions for incorporation, homogeneity in-feed and compatibility/suitable feed.
II.2B. Description of the manufacturing method
(1) The description of the manufacturing method accompanying the application for marketing authorisation pursuant to Article 8 shall be drafted in such a way as to give an adequate synopsis of the nature of the operations employed.
(2) For that purpose, it shall include at least:
the actual manufacturing formula for the proposed commercial batch size(s), with the quantitative particulars of all the substances used. Any substances that may disappear in the course of manufacture shall be stated; any overage shall be indicated;
description of the various stages of manufacture with information on process operating conditions, in a narrative way accompanied by a process flow chart;
in the case of continuous manufacture, full details of precautions taken to ensure the homogeneity of the finished product. Information as to how a batch is defined shall be provided (for example, expressed in terms of a period of time or a quantity of product, and may be expressed as ranges);
a list of in-process controls including the stage of manufacture at which they are conducted and the acceptance criteria;
experimental studies validating the manufacturing process and, where appropriate, a process validation scheme for production scale batches;
for sterile products, where non-pharmacopoeial sterilisation conditions are used, details of the sterilisation processes and/or aseptic procedures used.
II.2C. Production and control of starting material
(1) For the purposes of this point, ‘starting materials’ shall mean active substances, excipients and packaging (immediate packaging with its closure system and, if applicable, outer packaging and any dosing device supplied with the veterinary medicinal product).
(2) The dossier shall include the specifications and information on the tests to be conducted for quality control of all batches of starting materials.
(3) The routine tests carried out on starting materials shall be carried out in the same manner as stated in the dossier.
(4) Where a certificate of suitability has been issued by the European Directorate for the Quality of Medicines and HealthCare for a starting material, active substance or excipient, that certificate constitutes the reference to the relevant monograph of the European Pharmacopoeia.
(5) Where a certificate of suitability is referred to, the manufacturer shall give an assurance in writing to the applicant that the manufacturing process has not been modified since the granting of the certificate of suitability by the European Directorate for the Quality of Medicines and HealthCare. In case the field ‘box of access’ in the certificate is completed and signed, that requirement shall be deemed to be fulfilled without the need for additional assurance.
(6) Certificates of analysis shall be presented for the starting materials in order to demonstrate compliance with the defined specification.
II.2C1. Active substance(s)
(1) The required data shall be submitted in one of the three ways as detailed in points (2) to (4).
(2) The following details shall be submitted:
information on the identity, structure and a list of physicochemical and other relevant properties of the active substance shall be provided, in particular physicochemical properties that potentially affect the safety and efficacy of the active substance. Where relevant, evidence of molecular structure shall include the schematic amino acid sequence and relative molecular mass;
information on the manufacturing process shall include a description of the active substance manufacturing process that represents the applicant’s commitment for the manufacture of the active substance. All materials needed in order to manufacture the active substance(s) shall be listed, identifying where each material is used in the process. Information on the quality and control of those materials shall be provided. Information demonstrating that materials meet standards which are appropriate for their intended use shall be provided;
information on quality control shall contain tests (including acceptance criteria) carried out at every critical step, information on the quality and control of intermediates and process validation and/or evaluation studies as appropriate. It shall also contain validation data for the analytical methods applied to the active substance, where appropriate;
information on impurities shall indicate predictable impurities together with the levels and nature of observed impurities. It shall also contain information on the safety of those impurities where relevant.
(3) Active Substance Master File
For a non-biological active substance, the applicant may arrange for the information on active substance in point (2) to be supplied directly to the competent authorities by the manufacturer of the active substance as an Active Substance Master File. In this case, the manufacturer of the active substance shall provide the applicant with all the data (applicant’s part of the Active Substance Master File) which may be necessary for the latter to take responsibility for the veterinary medicinal product. A copy of the data provided by the active substance manufacturer to the applicant shall be included in the medicinal product dossier. The manufacturer of the active substance shall confirm in writing to the applicant that he shall ensure batch-to-batch consistency and not modify the manufacturing process or specifications without informing the applicant.
(4) Certificate of suitability issued by the European Directorate for the Quality of Medicines and HealthCare
The certificate of suitability and any additional data relevant to the dosage form not covered by the certificate of suitability shall be provided.
II.2C1.1. Active substances listed in pharmacopoeias
(1) Active substances fulfilling the requirements of the European Pharmacopoeia or, in the absence of a European Pharmacopoeia monograph, the pharmacopoeia of one of the Member States shall be deemed to comply sufficiently with Article 8. In this case the description of the analytical methods and procedures shall be replaced in each relevant section by an appropriate reference to the pharmacopoeia in question.
(2) In cases where a specification contained in a monograph of the European Pharmacopoeia or in the national pharmacopoeia of a Member State is insufficient to ensure the quality of the substance, the competent authorities may request more appropriate specifications from the applicant, including acceptance criteria for specific impurities with validated test procedures.
(3) The competent authorities shall inform the authorities responsible for the pharmacopoeia in question. The marketing authorisation holder shall provide the authorities of that pharmacopoeia with the details of the alleged insufficiency and the additional specifications applied.
II.2C1.2. Active substances not listed in a pharmacopoeia
(1) Active substances which are not listed in any pharmacopoeia shall be described in the form of a monograph under the following headings:
the name of the constituent, meeting the requirements of Part II.2A1, point (2) shall be supplemented by any trade or scientific synonyms;
the definition of the substance, set down in a form similar to that used in the European Pharmacopoeia, shall be accompanied by any necessary explanatory evidence, in particular concerning the molecular structure. Where substances may only be described by their manufacturing method, the description shall be sufficiently detailed to characterise a substance which is constant both on its composition and in its effects;
methods of identification may be described in the form of complete techniques as used for production of the substance, and in the form of tests which ought to be carried out as a routine matter;
purity tests shall be described in relation to each individual predictable impurity, especially those which may have a harmful effect, and, if necessary, those which, having regard to the combination of substances to which the application refers, might adversely affect the stability of the medicinal product or distort analytical results;
tests and acceptance criteria to control parameters relevant to the finished product, such as sterility shall be described and methods shall be validated where relevant;
with regard to complex substances of plant or animal origin, a distinction shall be made between the case where multiple pharmacological effects render chemical, physical or biological control of the principal components necessary, and the case of substances containing one or more groups of principles having similar activity, in respect of which an overall method of assay may be accepted.
(2) Those data shall demonstrate that the proposed set of test procedures is sufficient to control the quality of the active substance from the defined source.
II.2C1.3. Physicochemical characteristics liable to affect bioavailability
The following data concerning active substances shall be provided as part of the general description of the active substances if the bioavailability of the veterinary medicinal product depends on them:
crystalline form and solubility;
particle size;
state of hydration;
oil/water coefficient of partition;
pK/pH values.
Points (a) to (c) are not applicable to substances used solely in solution.
II.2C2. Excipients
(1) Excipients fulfilling the requirements of the European Pharmacopoeia or, in the absence of a European Pharmacopoeia monograph, the pharmacopoeia of one of the Member States shall be deemed to comply sufficiently with Article 8. In that case, the description of the analytical methods and procedures shall be replaced in each relevant section by an appropriate reference to the pharmacopoeia in question. Where appropriate, additional tests to control parameters such as particle size, sterility, and/or residual solvents, shall supplement the requirements of the monograph.
(2) In the absence of a pharmacopoeial monograph a specification shall be proposed and justified. The requirements for specifications as set out in Part II.2C1.2(1) points (a) to (e) for the active substance shall be followed. The proposed methods and their supporting validation data shall be presented.
(3) A declaration shall be submitted to confirm that colouring matters for inclusion in veterinary medicinal products satisfy the requirements of Directive 2009/35/EC of the European Parliament and of the Council ( 16 ) except where the application for a marketing authorisation concerns certain veterinary medicinal products for topical use, such as medicated collars and ear tags.
(4) A declaration shall be submitted to confirm that colouring matters used meet the purity criteria laid down in Commission Regulation (EU) No 231/2012 ( 17 ).
(5) For novel excipients, that is to say excipient(s) used for the first time in the Union in a veterinary medicinal product or by a new route of administration, details of manufacture, characterisation, and controls, with cross references to support both clinical and non-clinical safety data shall be provided. For colouring matters, the declarations of compliance in points (3) and (4) shall be considered sufficient.
II.2C3. Packaging (containers and closure systems)
II. 2C3.1. Active substance
(1) Information on the container and its closure system for the active substance including the identity of each immediate packaging material and their specifications shall be given. The level of information required shall be determined by the physical state (liquid, solid) of the active substance.
(2) Where a certificate of suitability for the active substance from the proposed source is submitted and specifies a container and its closure system, the detailed information on these for the active substance from that source may be replaced by a reference to the valid certificate of suitability.
(3) Where an Active Substance Master File from the proposed source is submitted and specifies a container and its closure system, the detailed information on these for the active substance from that source may be replaced by a reference to the Active Substance Master File.
II. 2C3.2. Finished product
(1) Information on the container and its closure system and any device for the finished product including the identity of each immediate packaging material and their specifications shall be given. The level of information required shall be determined by the route of administration of the veterinary medicinal product and the physical state (liquid, solid) of the dosage form.
(2) In the absence of a pharmacopoeial monograph, a specification shall be proposed and justified for the packaging material.
(3) For packaging materials that are used for the first time in the Union and that are in contact with the product, information on their composition, manufacture and safety shall be presented.
II.2C4. Substances of biological origin
(1) Information on the source, processing, characterisation and control of all materials of biological origin (human, animal, herbal or from microorganisms) used in the manufacture of the veterinary medicinal products shall be provided, including viral safety data, in accordance with relevant guidelines.
(2) Documentation shall be supplied to demonstrate that materials originating from animal species relevant for the transmission of transmissible spongiform encephalopathies (TSE) comply with the Note for Guidance on minimising the risk of transmitting animal spongiform encephalopathy agents via human and veterinary medicinal products, as well as with the corresponding monograph of the European Pharmacopoeia. Certificates of Suitability issued by the European Directorate for the Quality of Medicines and HealthCare, with reference to the relevant monograph of the European Pharmacopoeia, may be used to demonstrate compliance.
II.2D. Control tests carried out on isolated intermediates during the manufacturing process
(1) For the purposes of this section, ‘isolated intermediate’ shall mean partly processed material that may be stored for a defined amount of time and that shall undergo further processing step(s) before it becomes finished product.
(2) A specification shall be set for each intermediate and the analytical methods shall be described and validated, if applicable.
(3) Information on the primary packaging of the intermediate product shall be provided if different from that for the finished product.
(4) A shelf life and storage conditions for the intermediate product shall be defined on the basis of the data resulting from stability studies.
II.2E. Control tests on the finished product
(1) For the control of the finished product, a batch of a finished product comprises all the units of a pharmaceutical form which are made from the same initial quantity of material and have undergone the same series of manufacturing and/or sterilisation operations. In case of continuous manufacture, the batch size may be expressed in terms of a period of time or a quantity of product, and may be expressed as ranges.
(2) The tests, which are carried out on the finished product shall be listed. A justification for the proposed specification shall be provided. The frequency of the tests which are not carried out routinely shall be stated and justified. Acceptance criteria for release shall be indicated.
(3) The dossier shall include particulars relating to control tests on the finished product at release and their validation. They shall be submitted in accordance with the following requirements.
(4) If test procedures and acceptance criteria other than those mentioned in the relevant monographs and general chapters of the European Pharmacopoeia, or failing this, in the pharmacopoeia of a Member State are used, those procedures and criteria shall be justified by providing proof that the finished product would, if tested in accordance with those monographs, meet the quality requirements of that pharmacopoeia for the pharmaceutical form concerned.
II.2E1. General characteristics of the finished product
(1) Certain tests of the general characteristics of a product shall always be included among the tests on the finished product. Those tests shall, wherever applicable, relate to the control of average masses/volumes and maximum deviations, to mechanical, physical tests, visual appearance, physical characteristics such as, pH or particle size. For each of those characteristics, standards and acceptance criteria shall be specified by the applicant.
(2) The conditions of the tests, where appropriate, the equipment/apparatus employed and the standards shall be described in sufficient detail whenever they are not given in the European Pharmacopoeia or the pharmacopoeia of a Member State; the same shall apply in cases where the methods prescribed by such pharmacopoeias are not applicable.
II.2E2. Identification and assay of active substance(s)
(1) Identification and assay of the active substance(s) shall be carried out either in a representative sample from the production batch or in a number of dosage units analysed individually.
(2) Unless there is appropriate justification, the maximum acceptable deviation in the active substance content of the finished product shall not exceed ± 5 % at the time of manufacture.
(3) In certain cases of particularly complex mixtures, where assay of active substances which are very numerous or present in very low amounts would necessitate an intricate investigation difficult to carry out in respect of each production batch, the assay of one or more active substances in the finished product may be omitted, on the express condition that such assays are made at intermediate stages in the production process. That simplified technique may not be extended to the characterisation of the substances concerned. It shall be supplemented by a method of quantitative evaluation, enabling the competent authority to have the conformity of the medicinal product with its specification verified after it has been placed on the market.
(4) An in vivo or in vitro biological assay shall be obligatory when physicochemical methods cannot provide adequate information on the quality of the product. Such an assay shall, whenever possible, include reference materials and statistical analysis allowing calculation of confidence limits. Where those tests cannot be carried out on the finished product, they may be performed at an intermediate stage, as late as possible in the manufacturing process.
(5) The maximum acceptable levels of individual and total degradation products immediately following manufacture shall be indicated. The rationale for the inclusion or exclusion of degradation products in the specification shall be presented.
II.2E3. Identification and assay of excipient components
An identification test and an upper and lower limit test shall be obligatory for each individual antimicrobial preservative and for any excipient that is liable to affect the bioavailability of the active substance, unless the bioavailability is guaranteed by other appropriate tests. An identification test and an upper limit test shall be obligatory for any antioxidant and for any excipient liable to adversely affect physiological functions, with a lower limit test also included for antioxidants at time of release.
II.2E4. Microbiological controls
Particulars of microbiological tests, such as sterility and bacterial endotoxins, shall be included in the analytical particulars wherever such tests shall be undertaken as a matter of routine in order to verify the quality of the product.
II.2E5. Batch-to-batch consistency
In order to ensure the quality of the product is consistent from batch to batch and to demonstrate conformity with the specification, batch data shall be provided giving the results for all tests performed in general on [3] batches manufactured at the proposed manufacturing site(s) according to the described production process.
II.2E6. Other controls
Any other test considered necessary to confirm the quality of the medicinal product shall be controlled.
II.2F. Stability test
II.2F1. Active substance(s)
(1) A retest period and storage conditions for the active substance shall be specified except when the manufacturer of the finished product fully retests the active substance immediately before its use in the manufacture of the finished product.
(2) Stability data shall be presented to provide evidence on how the quality of an active substance varies with time under the influence of a variety of environmental factors and to support the defined retest period and storage conditions, if applicable. The type of stability studies conducted, protocols used, the analytical procedures used and their validation together with the detailed results shall be presented.
(3) Where a certificate of suitability for the active substance from the proposed source is available and specifies a retest period and storage conditions, stability data for the active substance from that source may be replaced by a reference to the valid certificate of suitability.
(4) Where an Active Substance Master File from the proposed source is submitted and specifies stability data, the detailed information on the stability for the active substance from that source may be replaced by a reference to the Active Substance Master File.
II.2F2. Finished product
(1) A description shall be given of the investigations by which the shelf life, the recommended storage conditions and the specifications at the end of the shelf life proposed by the applicant have been determined.
(2) The type of stability studies conducted, protocols used, the analytical procedures used and their validation together with the detailed results shall be presented.
(3) Where a finished product requires reconstitution or dilution prior to administration, details of the proposed shelf life and specification for the reconstituted/diluted product are required, supported by relevant stability data.
(4) In the case of multi-dose containers, where relevant, stability data shall be presented to justify a shelf life for the product after it has been broached or opened for the first time and an in-use specification shall be defined.
(5) Where a finished product is liable to give rise to degradation products, the applicant shall declare those products and indicate the identification methods and test procedures used.
(6) Where the stability data show that the assay of the active substance declines on storage, the description of the control tests on the finished product shall include, where appropriate, the chemical and, if necessary, the toxico-pharmacological investigation of the changes that this substance has undergone, and possibly the characterisation and/or assay of the degradation products.
(7) The maximum acceptable level of individual and total degradation products at the end of shelf life shall be indicated and justified.
(8) On the basis of the stability test results, the tests and their acceptance criteria, that are carried out on the finished product over the course of the shelf life shall be listed and justified.
(9) The conclusions shall contain the results of analyses, justifying the proposed shelf life and if appropriate, the in-use shelf life, under the recommended storage conditions.
(10) Additionally, for veterinary medicinal products intended for incorporation into feed, information shall be provided on the stability and the proposed shelf life after incorporation into feed. A specification for the medicated feed manufactured using those veterinary medicinal products in accordance with the recommended instructions for use shall also be provided.
II.2G. Other information
Information relating to the quality of the veterinary medicinal product not covered elsewhere in this Part may be included in the dossier under this point.
II.3 Part 3: Safety documentation (safety and residues tests)
(1) Each study report shall include:
a copy of the study plan (protocol);
a statement of compliance with good laboratory practice, where applicable;
a description of the methods, apparatus and materials used;
a description and justification of the test system;
a description of the results obtained, in sufficient detail, to allow the results to be critically evaluated independently of their interpretation by the author;
a statistical analysis of the results where appropriate;
a discussion of the results, with comment on observed and no-observed-effect levels, and on any unusual findings;
the name of the laboratory;
the name of the study director;
signature and date;
place and period of time during which the study was undertaken;
key for abbreviations and codes, irrespective of whether they are internationally accepted or not;
description of mathematical and statistical procedures.
(2) Published studies may be accepted if they contain a sufficient amount of data and sufficient details to allow an independent assessment. The experimental techniques shall be described in such detail as to allow them to be reproduced, and the investigator shall establish their validity. Summaries of studies for which detailed reports are not available shall not be accepted as valid documentation. When the substance has been previously evaluated for the establishment of maximum residues limit (‘MRL’) to address certain safety requirements reference may be made to the European public MRL assessment reports (‘EPMARs’). Where reference to EPMAR is made there is no need to submit studies already evaluated as part of the MRL evaluation; only new studies not available for the MRL assessment shall be provided. If the route of exposure (for example, for the user) is not identical to the route used in accordance with Commission Regulation (EU) 2018/782 ( 18 ), new studies might be necessary.
II.3A. Safety tests
(1) The safety documentation shall be adequate for assessment of:
the potential toxicity of the veterinary medicinal product and any dangerous or undesirable effects in target species which may occur under the proposed conditions of use;
the potential risks which may result from the exposure of human beings to the veterinary medicinal product, for example, during its administration to the animal;
the potential risks to the environment resulting from the use of the veterinary medicinal product.
(2) In some cases it may be necessary to test the metabolites of the parent compound where these represent the residues of concern.
(3) An excipient used for the first time in a veterinary medicinal product or by a new route of administration shall be treated in the same way as an active substance.
II.3A1. Precise identification of the product and of its active substance(s)
International Non-proprietary Name (INN);
International Union of Pure and Applied Chemistry Name (IUPAC);
Chemical Abstract Service (CAS) number;
therapeutic, pharmacological and chemical classification;
synonyms and abbreviations;
structural formula;
molecular formula,
molecular weight;
degree of purity;
qualitative and quantitative composition of impurities;
description of physical properties:
melting point,
boiling point,
vapour pressure,
solubility in water and organic solvents expressed in g/l, with indication of temperature,
density,
refraction of light, optical rotation, etc.;
formulation of the product.
II.3A2. Pharmacology
(1) Pharmacological studies are of fundamental importance in clarifying the mechanisms by which the veterinary medicinal product produces its therapeutic effects, and therefore pharmacological studies conducted in experimental and target species of animal shall be included. Cross reference may be made, if applicable, to studies submitted in Part 4 of the dossier.
(2) Where a veterinary medicinal product produces pharmacological effects in the absence of a toxic response, or at doses lower than those required to elicit toxicity, those pharmacological effects shall be taken into account during the evaluation of the safety for the user of the veterinary medicinal product.
(3) The safety documentation shall always be preceded by details of pharmacological investigations undertaken in laboratory animals and all relevant information observed during clinical studies in the target animal.
II.3A2.1. Pharmacodynamics
Information on the mechanism of action of the active substance(s) shall be provided, together with information on primary and secondary pharmacodynamic effects in order to assist in the understanding of any adverse effects in the animal studies. Detailed reporting of pharmacodynamic properties relating to the therapeutic effect shall be reported in Part 4A of the dossier.
II.3A2.2. Pharmacokinetics
Data on the fate of the active substance and its metabolites in laboratory animals shall be provided, covering absorption, distribution, metabolism and excretion (ADME). The data shall be related to the dose/effect findings in the pharmacological and toxicological studies, to determine adequate exposure.
II.3A3. Toxicology
(1) The documentation on toxicology shall follow the guidance published by the Agency on the general approach to testing and guidance on particular studies. Generally, toxicity studies shall be conducted with the active substance(s), not with the formulated product, unless specifically required otherwise.
(2) Animal studies shall be conducted in established strains of laboratory animals for which (preferably) historical data are available.
(3) Single-dose toxicity
Single-dose toxicity studies may be used to predict:
the possible effects of acute overdose in the target species;
the possible effects of accidental administration to humans;
the doses which may usefully be employed in the repeat dose studies.
Single-dose toxicity studies shall reveal the acute toxic effects of the substance and the time course for their onset and remission.
The studies to be carried out shall be selected with a view to providing information on user safety, for example, if substantial exposure by inhalation or dermal contact of the user of the veterinary medicinal product is anticipated, those routes of exposure shall be studied.
(4) Repeat-dose toxicity
Repeat-dose toxicity tests are intended to reveal any physiological and/or pathological changes induced by repeated administration of the active substance or combination of active substances under examination, and to determine how those changes are related to dosage.
A repeat-dose toxicity study in one species of experimental animal shall normally be sufficient. This study may be replaced by a study conducted in the target animal. The frequency and route of administration, and the duration of the study shall be chosen having regard to the proposed conditions of clinical use and/or user exposure. The applicant shall give his reasons for the extent and duration of the studies and the dosages chosen.
(5) Tolerance in the target species
A summary shall be provided of any signs of intolerance which have been observed during studies conducted, usually with the final formulation, in the target species in accordance with the requirements of Part II.4A4 (Tolerance in the target animal species). The studies concerned, the dosages at which the intolerance occurred, and the species and breeds concerned shall be identified. Details of any unexpected physiological changes shall also be provided. The full reports of those studies shall be included in Part 4 of the dossier.
(6) Reproductive toxicity including developmental toxicity
Study of the effects on reproduction
For products intended for use in breeding animals, reproductive safety studies in line with VICH GL43 shall be provided. Reproduction toxicity studies in laboratory animals are not expected for the evaluation of effects on the user.
(7) Study of developmental toxicity
For the evaluation of effects in the target animal species, developmental toxicity studies are not required for products intended only for use in non-breeding animals. For other products a study of developmental toxicity shall be performed in at least one species, which may be the target species. If the study is conducted in the target species, a summary shall be provided here, and the full report of the study shall be included in Part 4 of the dossier.
For the evaluation of user safety, standard developmental toxicity testing in accordance with standard tests based on established guidance (including VICH GL32 and OECD tests) shall be performed in all cases where significant user exposure may be expected.
(8) Genotoxicity
Tests for genotoxic potential shall be performed to reveal changes which a substance may cause in the genetic material of cells. Any substance intended to be included in a veterinary medicinal product for the first time shall be assessed for genotoxic properties.
A standard battery of genotoxicity tests in accordance with standard tests based on established guidance (including VICH GL23 and OECD tests) shall be carried out on the active substance(s).
(9) Carcinogenicity
The decision on whether carcinogenicity testing is required shall take into account the results of genotoxicity tests, structure-activity relationships and the findings in repeat dose toxicity tests that may demonstrate the potential for hyper-/neo-plastic changes.
Any known species specificity of the mechanism of toxicity shall be considered, as well as any differences in metabolism between the test species, target animal species, and human beings.
Carcinogenicity testing shall be conducted according to standard tests based on established guidance (including VICH GL28 and OECD tests).
(10) Exceptions
Where a veterinary medicinal product is intended for topical use, systemic absorption shall be investigated in the target animal species. If it is proved that systemic absorption is negligible, the repeated dose toxicity tests, the tests for reproductive and developmental toxicity and the carcinogenicity tests may be omitted, unless:
under the intended conditions of use, oral ingestion of the veterinary medicinal product by the animal is to be expected, or
under the intended conditions of use, oral exposure of the user of the veterinary medicinal product is to be expected.
II.3A4. Other requirements
II.3A.4.1. Special studies
For particular groups of substances or if the effects observed during repeated dose studies in animals include changes indicative of, for example, immunotoxicity, neurotoxicity or endocrine dysfunction, further testing shall be required, for example, sensitisation studies or delayed neurotoxicity tests. Depending on the nature of the product, it may be necessary to conduct additional studies to assess the underlying mechanism of the toxic effect or the irritation potential.
For products for which there may be exposure to skin and eyes, irritation and sensitisation studies shall be provided. Those studies shall be conducted with the final formulation.
The state of latest scientific knowledge and established guidance shall be taken into account when designing such studies and evaluating their results.
II.3A.4.2. Observations in humans
Information shall be provided showing whether the pharmacologically active substances of the veterinary medicinal product are used as medicinal products in human therapy. If that is the case, a compilation shall be made of all the effects observed (including adverse reactions) in humans and of their cause, to the extent that they may be important for the assessment of the safety of the veterinary medicinal product, where appropriate including results from published studies; where constituents of the veterinary medicinal products are themselves not used or are no longer used as medicinal products in human therapy, the reasons shall be stated, if publicly available.
II.3A.4.3. Development of resistance and related risk in humans
The data requirements described in this point are related to antibacterial substances and may not be fully applicable to other types of antimicrobial (namely antivirals, antifungals and antiprotozoals) although, in principle, the requirements may be followed, where applicable.
Data on the potential emergence of resistant bacteria or resistance determinants of relevance for human health and which are associated with the use of veterinary medicinal products are necessary for those products. The mechanism of the development and selection of such resistance is particularly important in this regard. Where necessary, measures to limit resistance development from the intended use of the veterinary medicinal product shall be proposed by the applicant.
Resistance data relevant for clinical use of the product in target animals shall be addressed in accordance with Part II.4A2. Where relevant, cross reference shall be made to the data set out in Part II.4A2.
(1) For food-producing animals the risk assessment shall address:
the identification of resistant bacteria or resistance determinants that could be associated with human illness (zoonotic and/or commensal bacteria) and are selected by the use of the antimicrobial veterinary medicinal product in target animals (hazard identification);
the probability of release of the identified hazard(s) from the target animal species as a result of the use of the veterinary medicinal product under consideration;
the probability of subsequent human exposure to the identified hazard(s) via the foodborne route or through direct contact, and the resulting consequences (adverse healt