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2002 No. 542

MEDICINES

FEES AND CHARGES

The Medicines for Human Use and Medical Devices (Fees and Miscellaneous Amendments) Regulations 2002

  Made 11th March 2002 
  Laid before Parliament 11th March 2002 
  Coming into force 1st April 2002 

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972[1] in relation to medicinal products[2], in exercise of the powers conferred upon him by the said section 2(2), the Secretary of State, with the consent of the Treasury, in exercise of the powers conferred upon him by section 56(1) and (2) of the Finance Act 1973[3], the Secretary of State concerned with health in England, the Minister of Agriculture, Fisheries and Food, the Minister of Health, Social Services and Public Safety and the Minister of Agriculture and Rural Development, acting jointly and with the consent of the Treasury, in exercise of powers conferred upon them by section 1(1) and (2) of the Medicines Act 1971[4], or, as the case may be, powers conferred by those provisions and now vested in them[5], and in each case in exercise of all other powers respectively enabling them in that behalf, after consultation in accordance with section 129(6) of the Medicines Act 1968[6], as extended by section 1(3)(b) of the Medicines Act 1971, with such organisations as appear to them to be representative of interests likely to be substantially affected, hereby make the following Regulations: - 

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Medicines for Human Use and Medical Devices (Fees and Miscellaneous Amendments) Regulations 2002 and shall come into force on 1st April 2002.

    (2) In these Regulations - 

Amendment of the Homoeopathic Products Regulations
     2.  - (1) In regulation 6 of the Homoeopathic Products Regulations (grant of a certificate), omit paragraph (b).

    (2) In regulation 9 of the Homoeopathic Products Regulations[
11] (suspension and revocation), omit paragraph (3).

    (3) In regulation 14 of the Homoeopathic Products Regulations[12] (fees for variations of certificates) - 

    (4) In regulation 15(1) of the Homoeopathic Products Regulations[13] (fees payable by holders of certificates), for "£12" substitute "£13".

    (5) In the Table in Schedule 2 to the Homoeopathic Products Regulations[14] (fees for applications for the grant of certificates of registration) - 

Amendment of the Marketing Authorisations Regulations
     3.  - (1) The Marketing Authorisations Regulations are amended as follows.

    (2) In regulation 5 (consideration, and grant or refusal, of an application for, or for renewal or variation of, a United Kingdom marketing authorization), omit paragraph (2).

    (3) After regulation 5 (consideration, and grant or refusal, of an application for, or for renewal or variation of, a United Kingdom marketing authorization) insert the following regulation - 

    (4) In regulation 6 (revocation, suspension or variation of a United Kingdom marketing authorization or the suspension of the use or marketing of medicinal products), omit paragraph (8).

    (5) Regulation 8 (control of sale or supply of relevant medicinal products) is hereby revoked.

    (6) In paragraph 6(2) of Schedule 5 (labels), for head (a) substitute - 

Amendment of regulation 3 of the Devices Regulations
    
4. In regulation 3 of the Devices Regulations[15] (fees) - 

Amendment of the General Fees Regulations
     5.  - (1) The General Fees Regulations are amended as follows.

    (2) In regulation 2(1) (interpretation) after the definition of "the 2001 Directive"[
16] insert the following definition - 

    (3) After Part IV of the General Fees Regulations (capital fees for applications for renewals of clinical trial certificates and for certain manufacturer's licences and for associated inspections) insert the following Part - 



    (4) In Part I of Schedule 1 (interpretation), in paragraph 1, in the definition of "complex application", at the end of sub-paragraph (i) add ", except where a European Pharmacopoeia certificate of suitability covering the active ingredient has been submitted with the application".

    (5) In Part II of Schedule 1 (capital fees for applications for authorizations, licences and certificates) - 

    (6) In Part III of Schedule 1 (capital fees for applications for variations of marketing authorizations, licences and certificates) - 

    (7) After Part III of Schedule 1 (capital fees for applications for variations of authorizations, licences and certificates) insert the following Part - 



    (8) In Schedule 5 (waiver, reduction or refund of capital fees), after paragraph 2A[25], insert the following paragraph - 

    (9) In each provision of the General Fees Regulations specified in the entries in column (1) of the Schedule to these Regulations (the content of which is described in column (2) of that Schedule), for the amount specified opposite that provision in column (3) of that Schedule substitute the amount specified opposite that provision in column (4) of that Schedule.



Signed by authority of the Secretary of State for Health


Hunt
Parliamentary Under Secretary of State, Department of Health

6th March 2002


Whitty
Parliamentary Under Secretary of State, Department for Environment, Food and Rural Affairs

11th March 2002


Bairbre de Brún
Minister of Health, Social Services and Public Safety

11th March 2002


Bríd Rodgers
Minister of Agriculture and Rural Development

11th March 2002



We consent,


Anne McGuire

Nick Ainger
Two of the Lords Commissioners of Her Majesty's Treasury

6th March 2002



SCHEDULE
Regulation 5(9)

Column (1) Provision in the General Regulations Column (2) Subject matter Column (3) Old amount Column (4) New amount
Regulation 6 Applications for certificates by exports of medicinal products          
Paragraph (1)(a)      £100 £108
Paragraph (1)(b)      £44 £48
Paragraph (1)(c)(i)      £44 £48
Paragraph (1)(c)(ii)      £22 £24
Regulation 10 Renewal of clinical trial certificates £1,885 £2,036
Regulation 11(1) Renewals of certain manufacturer's licences £107 £116
Part II of Schedule I Capital fees for applications for authorizations, licences and certificates          
In column 2 of the Table in paragraph 1(1)               
Entry 1(a)      £22,622 £24,431
Entry 1(b)      £48,389 £52,260
Entry 1(c)      £69,127 £74,657
Entry 2(a)      £13,196 £14,252
Entry 2(b)      £18,853 £20,361
Entry 3(a)      £4,835 £5,222
Entry 3(b)      £6,913 £7,466
Entry 4      £1,885 £2,036
Entry 5      £1,256 £1,356
Entry 6      £310 £335
Paragraph 5(1)(a)      £120 £130
Paragraph 5(1)(b)      £227 £245
Paragraph 5(1)(c)      £2,070 £2,236
Paragraph 6(1)      £814 £879
Paragraph 6(2)      £598 £646
Paragraph 6(4)      £262 £283
Paragraph 7      £14,579 £15,940
Part IIA of Schedule 1[26] Capital fees for assistance in obtaining marketing authorizations in other EEA states          
Paragraph 2(a)(i)      £30,000 £32,400
Paragraph 2(a)(ii)      £20,000 £21,600
Paragraph 2(b)(i)      £7,500 £8,100
Paragraph 2(b)(ii)      £5,000 £5,400
Paragraph 2(c)(i)      £3,000 £3,240
Paragraph 2(c)(ii)      £2,500 £2,700
Paragraph 2(d)      £1,795 £1,939
Part III of Schedule 1 Capital fees for applications for variations of authorizations, licences and certificates          
Paragraph 2(a)      £184 £198
Paragraph 2(b)      £424 £458
Paragraph 2(c)      £6,282 £6,784
Paragraph 3(a)      £288 £310
Paragraph 3(b)      £514 £554
Paragraph 3(c)      £9,802 £10,586
Paragraph 6(a)      £120 £130
Paragraph 7(a)      £113 £122
Paragraph 7(b)      £227 £245
Paragraph 8      £113 £122
Paragraph 9      £262 £282
Paragraph 10      £113 £122
Paragraph 11      £185 £200
Paragraph 12      £95 £103
Schedule 2 Fees for inspections          
Paragraph 2(a)(i)      £1,964 £2,121
Paragraph 2(a)(ii)      £3,643 £3,934
Paragraph 2(a)(iii)      £4,400 £4,752
Paragraph 2(a)(iv)      £7,541 £8,144
Paragraph 2(b)(i)      £2,136 £2,307
Paragraph 2(b)(ii)      £4,400 £4,752
Paragraph 2(b)(iii)      £6,911 £7,464
Paragraph 2(b)(iv)      £12,568 £13,573
Paragraph 2(c)(i)      £754 £814
Paragraph 2(c)(ii)      £2,110 £2,278
Paragraph 2(c)(iii)      £3,153 £3,405
Paragraph 2(c)(iv)      £5,906 £6,378
Paragraph 2(d)      £143 £154
Paragraph 5(1)      £395 £427
Paragraph 5(1)      £867 £936
Part III of Schedule 3 Periodic fees for marketing authorizations and licences          
In column 2 of the Table in paragraph 1               
Entry 1      £12,209 £13,186
Entry 2(a)      £5,027 £5,429
Entry 2(b)(i)      £1,257 £1,358
Entry 2(b)(ii)      £628 £678
Entry 2(b)(iii)      £204 £220
Entry 2(c)(i)      £550 £594
Entry 2(c)(ii)      £275 £297
Entry 2(c)(iii)      £102 £110
Entry 2(d)(i)      £227 £245
Entry 2(d)(ii)      £113 £122
Entry 2(d)(iii)      £50 £54
Entry 2(e)      £62 £67
Paragraph 2(a)      £280 £302
Paragraph 2(b)      £138 £149
Paragraph 2(c)      £58 £63
Paragraph 3(a)      £5,027 £5,429
Paragraph 3(b)      £3,394 £3,666
Paragraph 7      £251 £271
Paragraph 8(1)      £155 £167
Paragraph 8(2)      £93 £100



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make further amendments to the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 ("the Homoeopathic Products Regulations"), the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 ("the Marketing Authorisations Regulations"), the Medical Devices (Consultation Requirements) (Fees) Regulations 1995 ("the Devices Regulations") and the Medicines (Products for Human Use-Fees) Regulations 1995 ("the General Fees Regulations").

The Homoeopathic Products Regulations implemented in part Council Directive 92/73/EEC[
27] (now repealed and re-enacted in Directive 2001/83/EC[28]) by introducing a new registration procedure for the marketing of certain homoeopathic medicinal products for human use. Regulation 2 of these Regulations amend the Homoeopathic Products Regulations. Regulation 2(1) and (2) amends regulations 6 and 9 of those Regulations to remove the requirement that decisions to grant, suspend and revoke a certificate of registration must be published in the Gazette. Regulation 2(3) increases the amounts of the fees payable for variations of certificates of registration, regulation 2(4) increases the fee payable by holders of certificates of registration and regulation 2(5) increases the amounts of the capital fees payable for applications for certificates of registration. These increases average overall 9.5%.

The Marketing Authorisations Regulations implemented in part the following provisions of European Community law: Council Directives 65/65/EEC[29], 75/318/EEC[30], 75/319/EEC[31] and the Regulations adopted by the Commission under Article 15 of that Directive, 89/342/EEC[32], 89/343/EEC[33], 89/381/EEC[34], 92/26/EEC[35], 92/27/EEC[36] and 92/73/EEC[37], now repealed and re-enacted by Directive 2001/83/EC[38], and Council Regulation (EEC) No. 2309/93[39] and the Regulations adopted by the Commission under Articles 15.4 or 22.1 of that Regulation. They provide for the manner of making applications for the grant, renewal or variation of a United Kingdom marketing authorization and for procedures for consideration, revocation, suspension and related matters. Regulation 3 of these Regulations amends the Marketing Authorisations Regulations. Regulation 3(2) and (4) amends regulations 5 and 6 of those Regulations so as to remove the requirement that decisions to grant, revoke, suspend or vary a marketing authorization must be published in the Gazette. Regulation 3(3) inserts new regulation 5A into those Regulations (which relates to the provisions of Directive 92/26/EC, re-enacted as Title VI in Directive 2001/83/EC), so as to provide that the classification of a medicinal product is a condition of the marketing authorization relating to that product, and regulation 3(5) and (6) makes consequential amendments.

The Devices Regulations prescribe the fees which are payable where a notified body consults the competent body in accordance with Council Directive 93/42/EEC[40] concerning medical devices. Regulation 4 of these Regulations amends the Devices Regulations by increasing the amounts of the fees specified in regulation 3 of those Regulations by an average overall of 12.5%.

The General Fees Regulations make provision for the fees payable under the Medicines Act 1971 relating to marketing authorizations, licences and certificates in respect of medicinal products for human use. Regulation 5 of these Regulations amend those Regulations as follows. Regulation 5(3) and (7) inserts new Part IVA into the General Fees Regulations, and a new Part IV into Schedule 1 to those Regulations. These contain provisions relating to the setting of new capital fees in cases where the United Kingdom provides assistance to another EEA state arising out of an application for the renewal of a United Kingdom marketing authorization relating to a medicinal product that has been subject to certain procedures for the mutual recognition and harmonisation of marketing authorizations within the Community. Regulation 5(2) makes an amendment consequential on these provisions. Regulation 5(4) amends Part I of Schedule 1 to those Regulations so as to provide that where an application for the grant of a marketing authorization names a manufacturer of the active ingredient of the medicinal product in question different from the manufacturer of that ingredient in a product in respect of which a marketing authorization has previously been granted, the application is not a complex application if a European Pharmacopoeia certificate of suitability covering the active ingredient has been submitted with the application. Regulation 5(5) and (6) amends Parts II and III of Schedule 1 to those Regulations so as to provide that an additional fee is payable where an application for the grant of a marketing authorization, or for the variation of a marketing authorization, changes whether a medicinal product is available only on prescription, only from a pharmacy or on general sale, or provides that the basis on which it is to be made available is different from that of certain similar products. Regulation 5(8) makes an amendment so as to provide that the additional fee may be reduced in certain cases.

There is also a package of changes to the General Fees Regulations relating to the levels of capital fees payable for applications for marketing authorizations, manufacturers' licences, wholesale dealers' licences, clinical trial certificates and export certificates; capital fees payable for variations and renewals of such authorizations, licences and certificates; periodic fees payable in connection with the holding of certain authorizations and licences; and the fees payable in connection with site inspections (regulation 5(9) and the Schedule to these Regulations). Fees have been increased by approximately 8%.

A Regulatory Impact Assessment in relation to these Regulations has been placed in the libraries of both Houses of Parliament, and copies can be obtained from the Medicines Control Agency, Room 16-106, Market Towers, 1 Nine Elms Lane, London SW8 5NQ.


Notes:

[1] 1972 c.68.back

[2] S.I. 1972/1811.back

[3] 1973 c.51.back

[4] 1971 c.69; as amended by section 21 of the Health and Medicines Act 1988 (c.49). By virtue of section 1(3) of the 1971 Act, expressions used in that section have the same meaning as in the Medicines Act 1968 (c.67), as amended by article 2(2) of, and Schedule 1 to, S.I. 1969/388 and by article 5 of, and the Schedule to, S.I. 1999/3142; see therefore section 1(1) of the 1968 Act, which contains a definition of "the Ministers'" which is relevant to the powers being exercised in the making of these Regulations. See also regulation 9(12) of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 (S.I. 1994/3144), by virtue of which the references in section 1(1) and (2)(b) of the 1971 Act to a licence under Part II of the 1968 Act include reference to a marketing authorization under the 1994 Regulations.back

[5] In the case of the Secretary of State concerned with health in England, by virtue of articles 2(1) and 5 of, and the Schedule to, S.I. 1999/3142; in the case of the Minister of Agriculture, Fisheries and Food, by virtue of articles 2(2) and 5 of, and the Schedule to, S.I. 1999/3142; in the case of the Minister of Health, Social Services and Public Safety and the Minister of Agriculture and Rural Development, by virtue of section 95(5) of, and paragraph 10 of Schedule 12 to, the Northern Ireland Act 1998 (c.47).back

[6] 1968 c.67.back

[7] S.I. 1995/449; amended by S.I.1998/574, 1999/566, 2000/592 and 2001/795.back

[8] S.I. 1995/1116; amended by S.I. 1996/683, 1998/574, 1999/566, 2000/592 and 3031, and 2001/795.back

[9] S.I. 1994/105; amended by S.I. 1994/899, 1995/541, 1996/482, 1998/574, 1999/566, 2000/592 and 2001/795.back

[10] S.I. 1994/3144; amended by S.I. 1998/3105, 2000/292, 2001/795 and 2002/236.back

[11] As amended by regulation 3 of S.I. 1994/899.back

[12] As amended by regulation 3(2) of S.I. 2001/795.back

[13] As amended by regulation 3(3) of S.I. 2001/795.back

[14] As amended by regulation 3(4) of S.I. 2001/795.back

[15] As amended by regulation 4 of S.I. 2001/795.back

[16] The definition of "the 2001 Directive" was inserted by regulation 16(a) of S.I. 2002/236.back

[17] OJ No. L 147, 9.6.1975, p.13.back

[18] This Directive has been amended by Council Directive 78/420/EEC (OJ No. L 123, 11.5.1978, p.26), Council Directive 83/570/EEC (OJ No. L 332, 28.11.1983, p.1), Council Directive 89/341/EEC (OJ No. L 142, 25.5.1989, p.11), Council Directive 89/342/EEC (OJ No. L 142, 25.5.1989, p.14), Council Directive 89/343/EEC (OJ No. L 142, 25.5.1989, p.16), Council Directive 89/381/EEC (OJ No. L 181, 28.6.1989, p.44), Council Directive 92/27/EEC (OJ No. L 113, 30.4.1992, p.8), Council Directive 92/73/EEC (OJ No. L 297, 13.10.1992, p.8), Council Directive 93/39/EEC (OJ No. L 214, 24.8.1993, p.22), and Commission Directive 2000/38/EC (OJ No. L 139, 10.6.2000, p.28).back

[19] OJ No. L 22, 9.2.65, p.369.back

[20] This Directive has been amended by Council Directive 75/319/EEC (OJ No. L 147, 9.6.1975, p.13), Council Directive 83/570/EEC (OJ No. L 332, 28.11.1983, p.1), Council Directive 87/21/EEC (OJ No. L 15, 17.1.1987, p.36), Council Directive 89/341/EEC (OJ No. L 142, 25.5.1989, p.11), Council Directive 89/342/EEC (OJ No. L 142, 25.5.1989, p.14), Council Directive 89/343/EEC (OJ No. L 142, 25.5.1989, p.16), Council Directive 89/381/EEC (OJ No. L 181, 28.6.1989, p.44) and Council Directive 93/39/EEC (OJ No. L 214, 24.8.1993, p.22).back

[21] See Directive 2001/83/EC on the Community code relating to medicinal products for human use (OJ No. L 311, 28.11.2001, p.67).back

[22] See Article 27 of Directive 2001/83/EC.back

[23] OJ No. L 15, 17.1.1987, p.38.back

[24] Paragraph 6(a)(vii) of Part III of Schedule 1 was inserted by regulation 4 of S.I. 1999/566.back

[25] Paragraph 2A was inserted by regulation 5(12) of S.I. 2001/795.back

[26] Part IIA was inserted by regulation 6 of S.I. 2000/3031.back

[27] OJ No. L 297, 13.10.1992, p.8.back

[28] See articles 1(5), 13 to 16, 53, 68, 69, 85, 100, 119 and 124.back

[29] OJ No. L 22, 9.2.1965, p.369.back

[30] OJ No. L 147, 9.6.1975, p.1.back

[31] OJ No. L 147, 9.6.1975, p.13.back

[32] OJ No. L 142, 25.5.1989, p.14.back

[33] OJ No. L 142, 25.5.1989, p.16.back

[34] OJ No. L 181, 28.6.1989, p.44.back

[35] OJ No. L 113, 30.4.1992, p.5.back

[36] OJ No. L 113, 30.4.1992, p.8.back

[37] OJ No. L 297, 13.10.1992, p.8.back

[38] OJ No. L 311, 28.11.2001, p.67.back

[39] OJ No. L 214, 24.8.1993, p.1.back

[40] OJ No. L 169, 12.7.1993, p.1; amended by Directive 98/79/EC (OJ No. L 331, 7.12.1998, p.1).back



ISBN 0 11 039673 1


  Prepared 12 April 2002


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