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77.—(1) Regulation 68(1) is amended as follows.
(2) In paragraph (5), after “exceptional circumstances)”, insert “, regulation 60A (conditions as to testing of samples by the appropriate authority)”.
(3) In paragraph (7)—
(a)after “authorisation” insert “or licence”; and
(b)for “European Union” substitute “United Kingdom”.
(4) In paragraph (8)(b), for “states other than EEA states” substitute “countries other than approved countries for import”.
(5) Omit paragraph (9).
(6) In paragraph (10)—
(a)in sub-paragraph (a) for “authorisation; or” substitute “authorisation or licence.”; and
(b)omit sub-paragraph (b).
(7) In paragraph (11)(a), after authorisation insert “or licence”.
(8) After paragraph (11A), insert—
“(11B) Condition L is that the licensing authority thinks that the term of the authorisation which specifies the way in which the product is to be made available, as described in regulation 62(1), is incorrect.
(11C) Condition M is that, in respect of a parallel import licence, the UK marketing authorisation in respect of the medicinal product that was specified in the application for that licence under paragraph 4 of Schedule 8A, has been varied, suspended or revoked by the licensing authority under this regulation.
(11D) Condition N is that, in respect of a parallel import licence, the licensing authority is no longer satisfied that the product is essentially similar to a product that has been granted a UK marketing authorisation.
(11E) The licensing authority may not exercise its powers under paragraph (1) by virtue of the condition in paragraph (11D)—
(a)before the end of the period of one year beginning with exit day; and
(b)in any event, in a way that prevents the import of any medicinal product in respect of which a qualified person undertook the certification referred to in Article 51(3) of the 2001 Directive before exit day.
(11F) Condition O is that the licensing authority thinks that a variation of a UK marketing authorisation is necessary as a result of the submission of the results of a study by the holder of that authorisation under regulation 78A(14).”.
(9) In paragraph (12)—
(a)after “UK marketing authorisation”, insert “or parallel import licence”; and
(b)after “an authorisation” insert “or licence”.
(10) Omit paragraph (13).
Regulation 68 was amended by S.I. 2013/1855 and 2014/1878.
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