The Medicines (Products for Human Use) (Fees) Regulations 2016

Applications for multiple variations

23.—(1) Unless paragraph (3) or (5) applies, a separate fee is payable in respect of each application to vary each term of a marketing authorisation.

(2) Unless paragraph (5) applies, a separate fee is payable in respect of each variation of each provision of a traditional herbal registration, manufacturing authorisation or licence applied for in any one application.

(3) A separate fee is not payable for each application to vary a term of a marketing authorisation which—

(a) falls within the same type of group application; or

(b) the licensing authority—

(i) in consultation with other member States concerned, have agreed, in accordance with Article 7(2)(c) of Commission Regulation (EC) No 1234/2008(1), should be subject to the procedure for grouping of variations within the meaning of that Article; and

(ii) have agreed fall, or should be treated as falling, within the same type of group application.

(4) For the purposes of paragraph (3) the reference to a group application means an application which is a—

(a) Minor Variation (Type IB) Group Application;

(b) Major Variation (Type II) Group Application;

(c) Major Variation (Type II) Complex Group Application; or

(d) Major Variation (Type II) Extended Complex Group Application.

(5) A separate fee is not payable for a variation which is wholly consequential upon another variation of a provision of a marketing authorisation, traditional herbal registration, manufacturing authorisation or licence which is applied for in the same application.

(6) In a case where a recommendation on the classification of a variation is made in accordance with Article 5 of Commission Regulation (EC) No 1234/2008, the fee payable for the application made in respect of that variation shall be the appropriate fee for the classification given to the variation or, as the case may be, the appropriate fee which arises as a consequence of the classification given to the variation.

(7) In this regulation and Part 4 of Schedule 2—

“Major Variation (Type II) Group Application” means an application for several variations to one marketing authorisation and—

(a)

at least one of the variations is a major variation of type II;

(b)

subject to sub-paragraph (c), the variations fall within the scope of paragraphs (2)(b) and (c) of Article 7 or paragraphs 2(b) and (c) of Article 13d of Commission Regulation (EC) No 1234/2008;

(c)

the variations do not include a variation—

(i)

of a kind referred to in paragraph 1 (extension of the marketing authorisation) or paragraph 3 (minor variation of type IB and consequential variations) of Annex III to Commission Regulation (EC) No 1234/2008;

(ii)

which relates to a change which is referred to in paragraph 23 of Schedule 2 (Type II Complex Variation Application); or

(iii)

of a marketing authorisation so that the medicinal product is indicated for a use referred to in paragraph 9(a) or (b) of Schedule 2 (Extended Type II Complex Variation Application); and

(d)

the variations may include one or more minor variations of type IA or one or more minor variations of type IB;

“Major Variation (Type II) Complex Group Application” means an application for several variations to one marketing authorisation and—

(a)

at least one of the variations relates to one or more of the changes referred to in paragraph 23 of Schedule 2;

(b)

subject to sub-paragraph (c), the variations fall within the scope of paragraphs (2)(b) and (c) of Article 7 or paragraphs 2(b) and (c) of Article 13d of Commission Regulation (EC) No 1234/2008;

(c)

the variations do not include a variation of—

(i)

a kind referred to in paragraph 1 or paragraph 3 of Annex III to Commission Regulation (EC) No 1234/2008; or

(ii)

a marketing authorisation so that the medicinal product is indicated for a use referred to in paragraph 9(a) or (b) of Schedule 2; and

(d)

the variations may include one or more minor variations of type IA or one or more minor variations of type IB or one or more major variations of type II;

“Major Variation (Type II) Extended Complex Group Application” means an application for several variations to one marketing authorisation and—

(a)

at least one of the variations is a variation to a marketing authorisation so that the medicinal product is indicated for a use referred to in paragraph 9(a) or (b) of Schedule 2;

(b)

subject to sub-paragraph (c), the variations fall within the scope of paragraphs (2)(b) and (c) of Article 7 or paragraphs 2(b) and (c) of Article 13d of Commission Regulation (EC) No 1234/2008;

(c)

the variations do not include a variation of a kind referred to in paragraph 1 of Annex III to Commission Regulation (EC) No 1234/2008; and

(d)

the variations may include minor variations of type IA, minor variations of type IB or other major variations of type II or a variation relating to a change referred to in paragraph 23(a), (b) or (c) of Schedule 2;

“major variation of type II” has the meaning given in Article 2(3) of Commission Regulation (EC) No 1234/2008;

“Minor Variation (Type IB) Group Application” means an application for several variations to one marketing authorisation and—

(a)

at least one of the variations is a minor variation of type IB;

(b)

subject to sub-paragraph (c), the variations fall within the scope of paragraphs (2)(b) and (c) of Article 7 or paragraphs 2(b) and (c) of Article 13d of Commission Regulation (EC) No 1234/2008;

(c)

the variations do not include—

(i)

a variation of a kind referred to in paragraph 1 or paragraph 2 of Annex III of Commission Regulation (EC) No 1234/2008; or

(ii)

a major variation of type II; and

(d)

the variations may include one or more minor variations of type IA;

“minor variation of type IA” has the meaning given in Article 2(2) of Commission Regulation (EC) No 1234/2008;

“minor variation of type IB” has the meaning given in Article 2(5) of Commission Regulation (EC) No 1234/2008; and

“work sharing” means the work sharing procedure within the meaning of Article 20 of Commission Regulation (EC) No 1234/2008.

(1)

OJ No L 334, 12.12.2008, p.7. This Regulation has been amended by Commission Regulation (EU) No 712/2012 (OJ No L 209, 4.8.2012, p4).