1999 No. 2512

MEDICINES

The Medicines (Products for Animal Use—Fees) (Amendment) Regulations 1999

Made

Laid before Parliament

Coming into force

The Secretary of State concerned with health in England, the Secretaries of State respectively concerned with health and with agriculture in Wales and in Scotland, the Minister of Agriculture, Fisheries and Food, the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland, acting jointly, with the consent of the Treasury, in exercise of the powers conferred by section 1(1), (2) and (3)(b) of the Medicines Act 1971F1 and now vested in themF2 and of all other powers enabling them in that behalf, after consulting such organisations as appear to them to be representative of interests likely to be substantially affected by these RegulationsF3, and the Secretary of State and the Minister of Agriculture, Fisheries and Food, being Ministers designatedF4 for the purpose of section 2(2) of the European Communities Act 1972F5 in relation to medicinal products and the common agricultural policy of the European Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2), hereby make the following Regulations:

Annotations:
Amendments (Textual)
F1

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 in that section have the same meaning as in the Medicines Act 1968 (c. 67) as amended by the Transfer of Functions (Wales) Order 1969 (S.I. 1969/388). The expression “the Ministers" is defined in section 1(1) of the 1968 Act as so amended.

F2

In the case of the Secretaries of State concerned with health in England and in Wales by virtue of article 2(2) of, and Schedule 1 to, the Transfer of Functions (Wales) Order 1969; in the case of the Secretary of State concerned with agriculture in Wales by virtue of article 2(3) of, and Schedule 1 to, the Transfer of Functions (Wales) (No.1) Order 1978 (S.I. 1978/272); in the case of Northern Ireland Departments by virtue of section 40 of, and Schedule 5 to, the Northern Ireland Constitution Act 1973 (c. 36) and section 1(3) of, and paragraph 2(1)(b) of Schedule 1 to, the Northern Ireland Act 1974 (c. 28).

F3

See section 129(6) of the Medicines Act 1968 as extended to include Regulations made under the Medicines Act 1971 by section 1(3)(b) of that latter Act.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Medicines (Products for Animal Use—Fees) Amendment Regulations 1999 and shall come into force on 1st October 1999.

2

In these Regulations “the principal Regulations" means the Medicines (Products for Animal Use—Fees) Regulations 1998 F6.

3

Unless the context otherwise requires, expressions used in these Regulations shall have the same meaning as in the principal Regulations.

Amendment of fees specified in the principal Regulations2

In respect of each provision of the principal Regulations specified in the entries in column (1) (the subject matter of which is described in column (2)) of the Schedule to these Regulations, where a fee is specified opposite that provision in column (3) there shall be substituted the fee specified opposite that provision in column (4).

3

1

In Schedule 3 to the principal Regulations—

a

in Part II, paragraph 1 (calculation of annual fees) there shall be substituted the figure “ £262 ” for the figure “£248", the figure “ £18,480 ” for the figure “£17,640", and the figure “ 0.44%. ” for the figure “0.42%.";

b

in Part II, paragraph 2 (calculation of annual fees) there shall be substituted the figure “ 0.66% ” for the figure “0.63%"; and

c

in Part III (calculation of annual fee—emergency vaccines) there shall be substituted the figure “ 0.66% ” for the figure “0.63%".

Transitional provisions4

1

Subject to paragraphs (2) and (3) below, these Regulations shall not apply in respect of any application made before the date these Regulations come into force.

2

These Regulations shall apply in relation to any fee payable in respect of any inspection made after these Regulations come into force in connection with any application made before they come into force.

3

Where, in connection with an application to renew a marketing authorisation, licence or certificate made before these Regulations come into force, the authorisation, licence or certificate is due to expire on or after the date these Regulations come into force, regulation 17(4) and (5) of the principal Regulations shall apply to that application on the basis that the fee payable for the application following the coming into force of these Regulations is the appropriate fee payable.

4

Nothing in these Regulations shall have effect in relation to an annual fee relating to a calendar year earlier than 1998.

Signed by authority of Secretary of State for Health

Gisela StuartParliamentary Under Secretary of State,Department of Health

Signed by authority of the Secretary of State for Wales

David HansonParliamentary Under Secretary of State, Welsh Office
John ReidParliamentary Under Secretary of State, Scottish Office
Joyce QuinMinister of State, Ministry of Agriculture, Fisheries and Food

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this

D. C. GowdyPermanent Secretary

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this

P. J. SmallPermanent Secretary

We consent,

Bob Ainsworth Jim DowdTwo of the Lords Commissioners of Her Majesty’s Treasury

SCHEDULESUBSTITUTION OF FEES

Regulation 2

Annotations:
Amendments (Textual)
F7

S.I. 1994/105, amended by S.I. 1994/899, 1995/541, 1996/482, 1998/574.

Column (1)

Column (2)

Column (3)

Column (4)

Provision in the principal Regulations

Subject matter

Old fee

New fee

regulation 12

Manufacturer’s licences: annual fees

£190

£200

regulation 13

Wholesale dealer’s licences: annual fees

regulation 13(1)

Turnover of £40,000 or more

£380

£400

regulation 13(2)

Turnover of less than £40,000

£185

£200

regulation 14

Registration of Homoeopathic Veterinary Medicinal Products

regulation 14(2)

Renewal of registration

£75

£80

regulation 14(3)

Alteration of dossier

£85

£90

SCHEDULE 1, PART II

FEES RELATING TO APPLICATIONS FOR THE GRANT OF MARKETING AUTHORISATIONS, PRODUCT LICENCES, MANUFACTURER’S LICENCES, WHOLESALE DEALER’S LICENCES AND ANIMAL TEST CERTIFICATES

paragraph 1, Table A, Column (2)

Fee for an application for a type A marketing authorisation

entry 1

Major application

£18,120

£19,115

entry 2

Complex application

£10,515

£11,095

entry 3

Standard application

£4,540

£4,790

entry 4

Abridged standard application

£3,545

£3,740

entry 5

Simple application

£1,260

£1,330

paragraph 1, Table A, Column (3)

Fee for an application for a type B marketing authorisation

entry 1

Major application

£10,000

£10,550

entry 2

Complex application

£6,000

£6,330

entry 3

Standard application

£3,000

£3,165

entry 5

Simple application

£800

£845

paragraph 1, Table A, Column (4)

Fee for an application for a product licence

entry 1

Major application

£18,120

£19,115

entry 2

Complex application

£10,515

£11,095

entry 3

Standard application

£4,540

£4,790

entry 5

Simple application

£1,260

£1,330

paragraph 2, Table B, Column (2)

Fee for an application for an Article 15.2 marketing authorisation

entry 1

Major application

£10,515

£11,095

entry 2

Complex application

£4,540

£4,790

paragraph 3

Application for a marketing authorisation by holder of Article 15.2 marketing authorisation

paragraph 3(a)

Major application previously made

£7,605

£8,020

paragraph 3(b)

Complex application previously made

£5,975

£6,305

paragraph 6

Manufacturer’s licences

paragraph 6(1)(a)

Applications in respect of which paragraph 6(2) applies

£95

£100

paragraph 6(1)(b)

Other cases

£2,040

£2,150

paragraph 7

Wholesale dealer’s licences

paragraph 7(1)

Application fee where anticipated turnover £40,000 or more

£1,185

£1,250

paragraph 7(2)

Application fee where anticipated turnover less than £40,000

£480

£505

paragraph 8

Animal test certificate applications in relation to biological products or for administration to non food-producing animals

£250

£265

paragraph 8

Other animal test certificate applications

£600

£635

paragraph 9

Marketing authorisation (parallel import)

£1,415

£1,495

SCHEDULE 1,PART III

FEES RELATING TO APPLICATIONS FOR ASSISTANCE IN CONNECTION WITH MUTUAL RECOGNITION APPLICATIONS

paragraph 4, Table C, Column (2)

Basic fee

entry 1

Major

£3,250

£3,430

entry 2

Complex

£2,175

£2,295

entry 3

Standard

£940

£990

entry 4

Simple

£315

£330

paragraph 4, Table C, Column (3)

Additional fee for the sixth and each additional member State

entry 1

Major

£700

£740

entry 2

Complex

£340

£360

entry 3

Standard

£175

£185

entry 4

Simple

£60

£65

paragraph 5, Table D, Column (2)

Basic fee

entry 1

Category I application

£7,975

£8,415

entry 2

Category II application

£5,320

£5,615

entry 3

Category III application

£4,255

£4,490

paragraph 5, Table D, Column (3)

Additional fee for the sixth and each additional member State

entry 1

Category I application

£1,000

£1,055

entry 2

Category II application

£665

£700

entry 3

Category III application

£530

£560

SCHEDULE 1, PART IV

FEES RELATING TO APPLICATIONS FOR THE VARIATION OF MARKETING AUTHORISATIONS, PRODUCT LICENCES, MANUFACTURER’S LICENCES, WHOLESALE DEALER’S LICENCES AND ANIMAL TEST CERTIFICATES

paragraph 1

Marketing authorisations (other than mutually recognised marketing authorisations) and product licences—complex application for variation

£2,000

£2,110

paragraph 2, Table E, Column (2)

Marketing authorisations (other than mutually recognised marketing authorisations) and product licences—application for variation other than complex application

entry 1

Variation requiring assessment

£500

£530

entry 2

Variation not requiring assessment

£200

£210

paragraph 3, Table F, Column (2)

United Kingdom acting as the Reference Member State

entry 1

Type I variation—Administrative

£530

£560

entry 2

Type I variation, Scientific—

£2,130

£2,245

entry 3

Type I variation, Scientific—

£3,500

£3,695

Type II procedure

entry 4

Type II variation

£7,445

£7,855

entry 5

Variation with extras

£8,510

£8,980

paragraph 3, Table F, Column (3)

United Kingdom not acting as the Reference Member State

entry 1

Type I variation—Administrative

£100

£105

entry 2

Type I variation—Scientific

£500

£530

entry 3

Type I variation, Scientific-Type II procedure

£1,000

£1,055

entry 4

Type II variation

£2,000

£2,110

entry 5

Variation with extras

£3,560

£3,755

paragraph 5

Manufacturer’s licences

paragraph 5(a)

Variation of manufacturer’s licence referred to in Schedule 1, Part II, paragraph 6(2)

£95

£100

paragraph 5(b)

Variation in any other case

paragraph 5(b)(i)

Requiring assessment

£360

£380

paragraph 5(b)(ii)

Not requiring assessment

£120

£125

paragraph 6

Wholesale dealer’s licences

paragraph 6(a)

Variation requiring assessment

£360

£380

paragraph 6(b)

Variation not requiring assessment

£120

£125

paragraph 7

Variation of animal test certificate

£200

£210

SCHEDULE 1, PART V

FEES RELATING TO APPLICATIONS FOR THE RENEWAL OF MARKETING AUTHORISATIONS, PRODUCT LICENCES, MANUFACTURER’S LICENCES AND ANIMAL TEST CERTIFICATES

paragraph 1

Marketing authorisations and product licences

paragraph 1(b)

Herbal products

£300

£315

paragraph 1(c)

Other cases

£900

£950

paragraph 2

Manufacturer’s licences

£90

£95

paragraph 3

Animal test certificates

£90

£95

SCHEDULE 2

FESS REALTING TO SITE INSPECTIONS

paragraph 2(1), Table A, Column (2)

entry 1

Supersite inspection

£8,390

£8,850

entry 2

Major inspection

£4,415

£4,655

entry 3

Standard inspection

£3,155

£3,330

entry 4

Minor inspection

£1,705

£1,800

paragraph 2(2), Table B, Column (2)

entry 1

Supersite inspection

£13,905

£14,670

entry 2

Major inspection

£7,680

£8,100

entry 3

Standard inspection covering immunological Veterinary Medicinal Products

£5,010

£5,285

entry 4

Other standard inspection

£3,775

£3,985

entry 5

Minor inspection covering immunological Veterinary Medicinal Products

£2,580

£2,720

entry 6

Other minor inspection

£2,525

£2,665

paragraph 2(3), Table C, Column (2)

entry 1

Supersite inspection

£6,090

£6,425

entry 2

Major inspection

£4,115

£4,340

entry 3

Standard inspection

£2,015

£2,125

entry 4

Minor inspection

£1,035

£1,095

paragraph 2(4)(b)

Site limited solely to manufacture and assembly of emergency vaccines

£100

£105

paragraph 3(1)

Either or both of premises and procedures for quality control of a biological product which is not a dormant product

£1,210

£1,275

SCHEDULE 5, PART II

FEES RELATING TO APPLICATIONS FOR REGISTRATION OF HOMOEOPATHIC VETERINARY MEDICINAL PRODUCTS

paragraph 1, Table, Column (2)

Fees for applications in respect of products prepared from not more than 5 homoeopathic stocks

entry 1

Product both prepared solely from repeat stock and being of repeat formulation

£100

£105

entry 2

Product which is either prepared solely from repeat stock or is of a repeat formulation

£300

£315

entry 3

Any other application

£500

£530

paragraph 1, Table, Column (3)

Fees for applications in respect of products prepared from more than 5 homoeopathic stocks

entry 1

Product both prepared solely from repeat stock and being of repeat formulation

£250

£265

entry 2

Product which is either prepared solely from repeat stock or is of a repeat formulation

£450

£475

entry 3

Any other application

£650

£685

paragraph 2

Equivalent product registered under Part II of the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 F7 or in an EEA State

paragraph 2(i)

Product prepared from not more than 5 homoeopathic stocks

£100

£105

paragraph 2(ii)

Product prepared from more than 5 homoeopathic stocks

£250

£265

SCHEDULE 6

MARKETING AUTHORISATIONS, PRODUCT LICENCES AND ANIMAL TEST CERTIFICATES: FEES FOR REFERENCES TO THE VETERINARY PRODUCTS COMMITTEE OR TO THE MEDICINES COMMISSION

paragraph 1, Table, Column (2)

entry 1

Major application

£1,420

£1,500

entry 2

Complex application

£820

£865

entry 3

Standard application

£380

£400

entry 4

Simple application

£140

£150

paragraph 2

Animal test certificate

£495

£520

(This note is not part of the Regulations)

These Regulations amend the Medicines (Products for Animal Use—Fees) Regulations 1998 (“the principal Regulations"). The principal Regulations prescribe fees in connection with applications and inspections relating to:

a

marketing authorisations under the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 (S.I. 1994/3142);

b

licences and certificates granted under the Medicines Act 1968 in so far as they apply to medicinal products for animal use; and

c

the registration of homoeopathic veterinary medicinal products.

In prescribing fees in relation to the 1994 Regulations, the principal Regulations as amended by these Regulations continue to supplement the 1994 Regulations in implementing Council Directive 93/40/EEC (OJ No. L214, 24.8.93, page 31) which contains amendments to Council Directive 81/851/EEC (OJ No. L317, 6.11.81, page 1).

Regulation 2 prescribes new fees in relation to the provisions of the principal Regulations set out in column (1) of the Schedule to these Regulations. The fees in the principal Regulations are set out in column (3) and the new fees prescribed by these Regulations in column (4) of the Schedule.

Regulation 3 amends Parts II and III of Schedule 3 (calculation of annual fees) to the principal Regulations by prescribing new fees and, where the fee is charged on a percentage of turnover, new percentage amounts.

The average level of fees payable under these Regulations is increased by 5.5% in comparison with the principal Regulations.

Regulation 4 provides that the Regulations, subject to the exceptions in regulation 4(2) and (3), apply to applications made after the Regulations come into force and do not affect annual fees relating to a calendar year earlier than 1998.

A Regulatory Impact Assessment has been prepared and a copy has been placed in the library of each House of Parliament. Copies may be obtained from the Veterinary Medicines Directorate, Woodham Lane, New Haw, Addlestone, Surrey, KT15 3LS.