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Statutory Instrument 2004 No. 1157The Medicines for Human Use (Clinical Trials Fees Amendments) Regulations 2004(The document as of February, 2008) STATUTORY INSTRUMENTS2004 No. 1157FEES AND CHARGESMEDICINESThe Medicines for Human Use (Clinical Trials Fees Amendments) Regulations 2004
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), and 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], and in exercise of all other powers enabling him in that behalf, hereby makes the following Regulations: Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the Medicines for Human Use (Clinical Trials Fees Amendments) Regulations 2004 and shall come into force on 10th May 2004. (2) In these Regulations, "the General Fees Regulations" means the Medicines (Products for Human Use - Fees) Regulations 1995[4]. Amendment of regulation 2 of the General Fees Regulations 2. - (1) Regulation 2 of the General Fees Regulations (interpretation) is amended as follows. (2) In paragraph (1) -
(ii) in paragraph (b), after "marketing authorization" insert ", manufacturing authorisation", (c) after the definition of "change of ownership application" insert the following definitions -
(b) to identify any adverse reactions to one or more such products, or (c) to study absorption, distribution, metabolism and excretion of one or more such products, with the object of ascertaining the safety or efficacy of those products;
(b) which is treated as having been given by the licensing authority by virtue of Schedule 12 to those Regulations;
(b) Article 11(1) of Directive 2003/94/EC, on behalf of the holder of a manufacturing authorisation, manufacturer's licence or wholesale dealer's licence, pursuant to Article 11(2) of that Directive and Article 20(b) of the 2001 Directive;";
(b) in any other case, person who made the request for that authorisation;"; (f) after the definition of "manufacturer's licence" insert the following definition -
(h) in the definition of "relevant fee period", after "authorization" insert ", clinical trial authorisation, manufacturing authorisation". (3) After paragraph (1) insert the following paragraph -
(b) suspended or terminated the trial at all sites at which that clinical trial was conducted, in accordance with regulation 31 of those Regulations.". Amendment of Part II of the General Fees Regulations
(b) in paragraph (b), after "manufacturer's licence" insert "or manufacturing authorisation,". Amendment of Part III of the General Fees Regulations
(3) After regulation 7 of the General Fees Regulations, insert the following regulation -
7A. - (1) A person who sends a valid notice of amendment under regulation 24 of the Clinical Trials Regulations relating to amendment of the dossier accompanying a request for authorisation in accordance with paragraph 11 of Schedule 3 to those Regulations shall pay the fees mentioned in paragraph (2). (2) The fees referred to in paragraph (1) are -
(b) in respect of any inspection of a description referred to in paragraph 1 of Schedule 2 made in connection with the application, the fee payable in accordance with paragraphs 2 to 6 of that Schedule.". (4) Regulation 8 (inspections in connection with multiple applications for variations of authorizations and licences) shall be renumbered as paragraph (1) of that regulation and -
(ii) in paragraph (a), after "marketing authorization" insert "or clinical trial authorisation,", and (iii) in paragraph (b), after "manufacturer's licence" insert "or manufacturing authorisation,"; and (b) after paragraph (1) insert the following paragraph -
(5) In regulation 9 (applications for multiple variations) -
(b) in paragraph (2), for "licence or certificate" substitute "manufacturing authorisation or licence". Amendment of Part IV of the General Fees Regulations
(b) for ", licence or certificate", in both places those words appear, substitute "or licence". Amendment of Part V of the General Fees Regulations
(ii) after "otherwise payable under" insert "regulation 13A or"; (b) in paragraph (2) -
(ii) for "that licence" substitute "that authorisation or licence; and (c) in paragraph (3), after "marketing authorization", in each places those words appear, insert "or clinical trial authorisation". (3) After regulation 13, insert the following regulation -
13A.Subject to regulations 19 and 23, a fee in accordance with paragraphs 7 and 8 of Schedule 2 shall be payable by a person in respect of any inspection of one or more sites for the purpose of ascertaining whether that person -
(ii) performing, or has performed, the functions of a sponsor of a clinical trial, in accordance with the conditions and principles of good clinical practice, pursuant to regulation 28(1) of the Clinical Trials Regulations; or Amendment of Part VI General Fees Regulations
(ii) for "authorization or licence" substitute "authorization, authorisation or licence"; and (b) in paragraph (6) -
(ii) in sub-paragraph (a), for "licence" substitute "authorisation or licence", and (iii) in sub-paragraph (b), after "in connection with the" insert "manufacturing authorisation or". (3) After regulation 14, insert the following regulation -
14A. - (1) Subject to paragraphs (3) to (5) and to regulations 19 and 23, there shall be payable by the holder of a clinical trial authorisation the fee in connection with the holding of that authorisation in respect of each fee period during any part of which the authorisation is in force. (2) The periodic fee shall be the fee prescribed in paragraph 10 of Part III of Schedule 1. (3) Where a person holds more than one clinical trial authorisation in relation to clinical trials in which the same medicinal product is being tested, the authorisations shall be treated for the purposes of paragraph (1) as if they were one clinical trial authorisation and only one periodic fee in respect of each relevant fee period shall be payable in connection with the holding of such authorisations. (4) No periodic fee is payable in respect of the fee period during which the clinical trial to which the authorisation relates was authorised by the licensing authority in accordance with regulation 18, 19 or 20 of the Clinical Trials Regulations. (5) In relation to a clinical trial which is treated as being authorised by the licensing authority by virtue of Schedule 12 to the Clinical Trials Regulations, no periodic fee shall be payable in respect of the fee period ending on 31st March 2005.". Amendment of Part VII of the General Fees Regulations
(b) an authorization issued by the competent authorities of an EEA State other than the United Kingdom for the purposes of Article 6 of the 2001 Directive;"; and (b) after "new excipient" insert the following definitions -
(b) has an EC marketing authorization, but -
(bb) of manufacturer of that product or substance, or (ii) the product is to be used in the trial other than in accordance with the terms of the summary of product characteristics under that authorization;
(3) In Part II of the Schedule (capital fees for applications for authorizations, licences and certificates) -
(b) for paragraph 7 substitute -
7. - (1) Subject to sub-paragraphs (3) and (4), the fee payable under regulation 4(a) in connection with an application for a clinical trial authorisation in relation to a clinical trial of a kind described in column 1 of the following Table shall be the fee specified in the corresponding entry in column 2 of that Table. Table
(2) For the purposes of that Table, a medicinal product is known to the licensing authority if -
(b) the product does not have an EC marketing authorization, but where -
(ii) another medicinal product containing the same active substance has an EC marketing authorization and the medicinal product is supplied for the purposes of the clinical trial by the manufacturer of that other product, or (iii) a clinical trial in which that product is, or was, being tested or used has been authorised by the competent authority of an EEA State other than the United Kingdom in accordance with Directive 2001/20/EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use[9]. (3) Where the application is in relation to a clinical trial in which the medicinal products being tested or used are the same as those being tested or used in a clinical trial -
(b) which has been authorised by the licensing authority for the purposes of the Clinical Trials Regulations, the fee payable in connection with that application shall be £100.
(b) the sponsor of that other trial authorises the licensing authority to refer to the dossier submitted in relation to that product in accordance with paragraph 11 of Schedule 3 to those Regulations, the fee payable in connection with that application shall be £140.". (4) In Part III of the Schedule (capital fees for applications for variations of authorizations, licences and certificates) -
(ii) after "variation of" insert "a manufacturing authorisation or"; (b) in paragraph 8 -
(ii) after "variation of" insert "a manufacturing authorisation or", and (iii) for "the licence" substitute "the authorisation or licence"; (c) for paragraph 11 substitute -
11. - (1) The fee payable under regulation 7A(1) in connection with a notice of amendment relating to amendment to the dossier accompanying a request for authorisation to conduct a clinical trial shall be -
(b) if the amendments relate to two parts of the dossier specified in sub-paragraph (2) only, £200; or (c) if the amendments relate to all three parts of the dossier specified in sub-paragraph (2), £300. (2) The parts of the dossier specified in paragraph (1) are -
(b) the part containing the summaries of the non-clinical pharmacology and toxicology data on that product; and (c) the part containing the summaries of the available data from previous clinical trials of, and human experience with, that product."; and (d) omit paragraph 12. Amendment of Schedule 2 to the General Fees Regulations
(ii) performing, or has performed, the functions of a sponsor of a clinical trial, in accordance with the conditions and principles of good clinical practice, pursuant to regulation 28(1) of the Clinical Trials Regulations; or shall be calculated as specified in sub-paragraphs (2) to (4). except that where more than 2 sites are visited as part of an inspection an additional fee of £3,000 shall be payable for each extra site visited. Amendment of Schedule 3 to the General Fees Regulations
(b) after paragraph 9 insert the following paragraph -
10.The fee payable under regulation 14A(2) in connection with the holding of a clinical trial authorisation shall be £200.". Amendment of Schedule 4 to the General Fees Regulations
(b) in paragraph 6, after "manufacturer's licence" insert ", manufacturing authorisation". Amendment of Schedule 5 to the General Fees Regulations
(ii) for "7(1) or 10" substitute "7(1) or 7A(1)", (iii) after "that application" substitute "or notice", and (iv) in paragraph (a), after "application" insert "or notice"; and (b) in sub-paragraph (3) -
(ii) for "7(1) or 10" substitute "7(1) or 7A(1)", and (iii) after "that application" insert "or notice". (3) In paragraph 4, after "variation to," insert "a manufacturing authorisation or".
(ii) after "both such licences" insert ", or that authorisation and that licence"; and (b) after that sub-paragraph, insert the following sub-paragraph -
(6) After paragraph 7, insert the following paragraph -
(2) Where the licensing authority is satisfied that the investigational medicinal product dossier submitted in accordance with paragraph 11 of Schedule 3 to the Clinical Trials Regulations does not require a full medical, scientific or pharmaceutical assessment, the fee may be reduced by an amount which the authority considers to be the cost of the assessment work which is not required. (3) The fee payable may not be reduced below £100. (4) Where the fee has been reduced by the licensing authority but the applicant has paid the full fee, the amount by which the fee has been reduced shall be refunded to the applicant.".
(This note is not part of the Regulations) These Regulations make further amendments to the Medicines (Products for Human Use - Fees) Regulations 1995 ("the General Fees Regulations"). The General Fees Regulations make provision for the fees payable in relation to marketing authorizations, licences and certificates in respect of medicinal products for human use. These Regulations amend the General Fees Regulations to provide for fees in respect of authorisations and inspections relating to clinical trials of such products. Regulation 2 amends regulation 2 of the General Fees Regulations (interpretation). Regulations 3, 4, 8, 9, 12 and 13 amend the General Fees Regulations to make provision for capital fees for: requests for authorisations of clinical trials given by the licensing authority under the Medicines for Human Use (Clinical Trials) Regulations 2004 ("clinical trial authorisations"); certain notices of amendment of such authorisations; applications for authorisation to manufacture medicinal products for a clinical trial, granted by the licensing authority under those Regulations ("manufacturing authorisations"); and applications for the variation of such authorisations. Regulations 6 and 10 amend the General Fees Regulations to make provision for fees for inspections relating to manufacturing sites connected with manufacturing authorisations or clinical trial authorisations, and for inspections of sites for the purposes of ascertaining whether clinical trials are being conducted in accordance with the conditions and principles of good clinical practice. Regulations 7 and 11 amend the General Fees Regulations to make provision for periodic fees for manufacturing authorisations and clinical trial authorisations. Regulations 3 to 5, 8, 9 and 13 also make consequential amendments to remove references to fees relating to clinical trial certificates issued under section 31 of the Medicines Act 1968; that provision is repealed by the Medicines for Human Use (Clinical Trials) Regulations 2004. A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the Medicines and Healthcare products Regulatory Agency, Room 10-202, Market Towers, 1 Nine Elms Lane, London SW8 5NQ and a copy has been placed in the libraries of both Houses of Parliament. Notes: [1]1972 c. 68.back [2]S.I. 1972/1811.back [3]1973 c. 51.back [4]S.I. 1995/1116; as amended by S.I. 1996/683, 1998/574, 1999/566, 2000/592 and 3031, 2001/795, 2002/236 and 542, 2003/625 and 2321, and 2004/666.back [5]The definition of "change of ownership" was substituted by regulation 2 of S.I. 1996/683.back [6]S.I. 2004/1031.back [7]The definition of "contract laboratory" was inserted by S.I. 2004/666.back [8]S.I. 1971/972; relevant amending instruments are S.I. 1977/1053 and 1992/2846.back [9]OJ No. L121, 1.5.2001, p.34.back ISBN0 11 049200 5 -- Back --
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