PART 5Amendment of Part 5 (marketing authorisations)

Amendment of regulation 49 (application for grant of UK marketing authorisation or parallel import licence)I148

1

Regulation 49 M1 is amended as follows.

2

In paragraph (1), after “regulation 58,” insert “ 58C, 58E, 58F and 58G, ”.

3

After paragraph (1) insert—

F21A

The licensing authority may accept an application meeting reduced or alternative requirements specified in this Part (“under the unfettered access route”) and grant a UKMA(GB) only where—

a

there is already in place, or will be at the time the UKMA(GB) is granted, a marketing authorisation in respect of the product authorising sale or supply in Northern Ireland,

b

the applicant complies with the requirements in regulation 50(1A), and

c

the medicinal product satisfies the definition of qualifying Northern Ireland goods.

F11B

The licensing authority may only grant a parallel import licence if it is able to obtain the information necessary, whether from a competent authority of an EEA State or otherwise, to satisfy itself that the medicinal product to be imported—

a

has been granted an EU marketing authorisation or a marketing authorisation under the 2001 Directive; and

b

is essentially similar to a product that has already been granted a UK marketing authorisation.

F31C

A marketing authorisation or parallel import licence must state whether it is in force in—

a

the whole United Kingdom;

b

Great Britain only; or

c

Northern Ireland only,

and in these Regulations the meaning of a reference to that authorisation or licence being “in force” is limited to that territory.

F44

For paragraph (3) substitute—

3

The applicant, where it is applying for—

a

a UKMA(NI)—

i

in accordance with Chapter 4 of Title III of the 2001 Directive, must be established in the European Union;

ii

on any other basis, must be established in the United Kingdom;

b

a UKMA(GB)—

i

under the unfettered access route, must be established in Northern Ireland;

ii

other than under the unfettered access route, must be established in the United Kingdom;

c

a UKMA(UK), must be established in the United Kingdom.

5

After paragraph (3) insert—

3A

An application for a parallel import licence may not be made by—

a

the holder of the marketing authorisation, within the meaning of the 2001 Directive, or the EU marketing authorisation, in respect of the relevant medicinal product to be imported; or

b

a company which is in the same group as the holder of that marketing authorisation.

6

At the end insert—

F69

The application must include a statement indicating whether the authorisation or licence sought is for sale or supply of the product in—

a

the whole United Kingdom;

b

Great Britain only; or

c

Northern Ireland only.

F510

In this regulation “group” has the same meaning as in Part 15 of the Companies Act 2006 M2 (see section 474(1) of that Act).