9.2.2018 |
EN |
Official Journal of the European Union |
C 50/166 |
P8_TA(2016)0087
Veterinary medicinal products ***I
Amendments adopted by the European Parliament on 10 March 2016 on the proposal for a regulation of the European Parliament and of the Council on veterinary medicinal products (COM(2014)0558 — C8-0164/2014 — 2014/0257(COD)) (1)
(Ordinary legislative procedure: first reading)
(2018/C 050/26)
Amendment 1
Proposal for a regulation
Recital 2
Text proposed by the Commission |
Amendment |
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Amendment 2
Proposal for a regulation
Recital 6
Text proposed by the Commission |
Amendment |
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Amendment 3
Proposal for a regulation
Recital 7
Text proposed by the Commission |
Amendment |
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Amendment 4
Proposal for a regulation
Recital 7 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 5
Proposal for a regulation
Recital 9
Text proposed by the Commission |
Amendment |
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Amendment 6
Proposal for a regulation
Recital 14
Text proposed by the Commission |
Amendment |
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Amendment 7
Proposal for a regulation
Recital 17
Text proposed by the Commission |
Amendment |
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Amendment 8
Proposal for a regulation
Recital 18
Text proposed by the Commission |
Amendment |
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Amendment 9
Proposal for a regulation
Recital 20
Text proposed by the Commission |
Amendment |
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Amendment 10
Proposal for a regulation
Recital 23
Text proposed by the Commission |
Amendment |
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Amendment 11
Proposal for a regulation
Recital 25
Text proposed by the Commission |
Amendment |
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Amendment 311
Proposal for a regulation
Recital 25 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 13
Proposal for a regulation
Recital 27
Text proposed by the Commission |
Amendment |
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Amendment 14
Proposal for a regulation
Recital 27 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 15
Proposal for a regulation
Recital 31
Text proposed by the Commission |
Amendment |
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Amendment 16
Proposal for a regulation
Recital 32
Text proposed by the Commission |
Amendment |
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Amendment 17
Proposal for a regulation
Recital 33
Text proposed by the Commission |
Amendment |
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Amendment 18
Proposal for a regulation
Recital 34 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 19
Proposal for a regulation
Recital 35
Text proposed by the Commission |
Amendment |
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Amendment 20
Proposal for a regulation
Recital 36
Text proposed by the Commission |
Amendment |
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Amendment 21
Proposal for a regulation
Recital 37
Text proposed by the Commission |
Amendment |
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Amendment 22
Proposal for a regulation
Recital 37 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 23
Proposal for a regulation
Recital 38
Text proposed by the Commission |
Amendment |
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Amendment 24
Proposal for a regulation
Recital 38 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 25
Proposal for a regulation
Recital 38 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 26
Proposal for a regulation
Recital 39
Text proposed by the Commission |
Amendment |
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Amendment 27
Proposal for a regulation
Recital 40
Text proposed by the Commission |
Amendment |
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Amendment 28
Proposal for a regulation
Recital 40 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 29
Proposal for a regulation
Recital 49
Text proposed by the Commission |
Amendment |
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Amendment 30
Proposal for a regulation
Recital 50
Text proposed by the Commission |
Amendment |
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Amendment 314
Proposal for a regulation
Recital 52 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 31
Proposal for a regulation
Recital 56
Text proposed by the Commission |
Amendment |
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Amendment 32
Proposal for a regulation
Recital 56 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 33
Proposal for a regulation
Recital 56 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 34
Proposal for a regulation
Recital 57
Text proposed by the Commission |
Amendment |
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Amendment 35
Proposal for a regulation
Recital 58 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 36
Proposal for a regulation
Recital 62
Text proposed by the Commission |
Amendment |
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Amendment 295
Proposal for a regulation
Recital 65
Text proposed by the Commission |
Amendment |
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Amendment 38
Proposal for a regulation
Recital 67
Text proposed by the Commission |
Amendment |
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Amendment 39
Proposal for a regulation
Recital 71
Text proposed by the Commission |
Amendment |
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Amendment 40
Proposal for a regulation
Recital 71 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 41
Proposal for a regulation
Recital 73
Text proposed by the Commission |
Amendment |
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Amendment 42
Proposal for a regulation
Article 1
Text proposed by the Commission |
Amendment |
This Regulation lays down rules for the placing on the market, manufacture, import, export, supply, pharmacovigilance, control and use of veterinary medicinal products. |
This Regulation lays down rules for the placing on the market, development, manufacture, import, export, wholesale distribution, retail supply, pharmacovigilance, control and use of veterinary medicinal products. |
Amendment 43
Proposal for a regulation
Article 1 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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Member States may impose stricter conditions, justified on grounds of public health, animal health and environmental protection, for the use and retail of veterinary medicinal products on their territory, provided that these conditions are proportionate to the risk and do not unduly restrict the functioning of the internal market. |
Amendment 44
Proposal for a regulation
Article 1 — paragraph 1 b (new)
Text proposed by the Commission |
Amendment |
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The Member States shall notify the measures referred to in paragraph 1a to the Commission. |
Amendment 45
Proposal for a regulation
Article 2 — paragraph 4 — point e a (new)
Text proposed by the Commission |
Amendment |
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Amendment 46
Proposal for a regulation
Article 2 — paragraph 4 — point e b (new)
Text proposed by the Commission |
Amendment |
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Amendment 47
Proposal for a regulation
Article 2 — paragraph 4 — point e c (new)
Text proposed by the Commission |
Amendment |
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Amendment 48
Proposal for a regulation
Article 3 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. In cases of doubt, taking into account all its characteristics, as to whether a product may fall within the definition of a veterinary medicinal product within the meaning of Article 4(1), or within the definition of a product covered by other Union legislation, the provisions of this Regulation shall prevail. |
Amendment 49
Proposal for a regulation
Article 4 — paragraph 1 — point 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 50
Proposal for a regulation
Article 4 — paragraph 1 — point 1 — point c
Text proposed by the Commission |
Amendment |
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Amendment 51
Proposal for a regulation
Article 4 — paragraph 1 — point 2 — introductory part
Text proposed by the Commission |
Amendment |
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Amendment 52
Proposal for a regulation
Article 4 — paragraph 1 — point 2 — point a
Text proposed by the Commission |
Amendment |
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Amendment 53
Proposal for a regulation
Article 4 — paragraph 1 — point 2 — point b
Text proposed by the Commission |
Amendment |
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Amendment 54
Proposal for a regulation
Article 4 — paragraph 1 — point 2 — point c
Text proposed by the Commission |
Amendment |
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Amendment 55
Proposal for a regulation
Article 4 — paragraph 1 — point 2 — point c a (new)
Text proposed by the Commission |
Amendment |
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Amendment 56
Proposal for a regulation
Article 4 — paragraph 1 — point 2 — point c b (new)
Text proposed by the Commission |
Amendment |
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Amendment 57
Proposal for a regulation
Article 4 — paragraph 1 — point 2 — point d
Text proposed by the Commission |
Amendment |
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Amendment 58
Proposal for a regulation
Article 4 — paragraph 1 — point 2 — point d a (new)
Text proposed by the Commission |
Amendment |
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Amendment 59
Proposal for a regulation
Article 4 — paragraph 1 — point 2 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 60
Proposal for a regulation
Article 4 — paragraph 1 — point 3
Text proposed by the Commission |
Amendment |
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Amendment 61
Proposal for a regulation
Article 4 — paragraph 1 — point 7
Text proposed by the Commission |
Amendment |
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Amendment 62
Proposal for a regulation
Article 4 — paragraph 1 — point 7 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 63
Proposal for a regulation
Article 4 — paragraph 1 — point 8
Text proposed by the Commission |
Amendment |
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Amendment 64
Proposal for a regulation
Article 4 — paragraph 1 — point 8 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 65
Proposal for a regulation
Article 4 — paragraph 1 — point 8 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 66
Proposal for a regulation
Article 4 — paragraph 1 — point 8 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 67
Proposal for a regulation
Article 4 — paragraph 1 — point 9
Text proposed by the Commission |
Amendment |
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Amendment 68
Proposal for a regulation
Article 4 — paragraph 1 — point 10
Text proposed by the Commission |
Amendment |
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Amendment 69
Proposal for a regulation
Article 4 — paragraph 1 — point 11 — introductory part
Text proposed by the Commission |
Amendment |
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Amendment 70
Proposal for a regulation
Article 4 — paragraph 1 — point 12
Text proposed by the Commission |
Amendment |
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Amendment 71
Proposal for a regulation
Article 4 — paragraph 1 — point 18
Text proposed by the Commission |
Amendment |
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Amendment 72
Proposal for a regulation
Article 4 — paragraph 1 — point 20 — point b
Text proposed by the Commission |
Amendment |
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Amendment 73
Proposal for a regulation
Article 4 — paragraph 1 — point 21
Text proposed by the Commission |
Amendment |
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Amendment 74
Proposal for a regulation
Article 4 — paragraph 1 — point 24
Text proposed by the Commission |
Amendment |
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Amendment 75
Proposal for a regulation
Article 4 — paragraph 1 — point 25
Text proposed by the Commission |
Amendment |
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Amendment 76
Proposal for a regulation
Article 4 — paragraph 1 — point 26
Text proposed by the Commission |
Amendment |
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Amendment 77
Proposal for a regulation
Article 4 — paragraph 1 — point 27 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 78
Proposal for a regulation
Article 4 — paragraph 1 — point 27 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 79
Proposal for a regulation
Article 4 — paragraph 1 — point 27 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 80
Proposal for a regulation
Article 4 — paragraph 1 — point 27 d (new)
Text proposed by the Commission |
Amendment |
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Amendment 81
Proposal for a regulation
Article 4 — paragraph 1 — point 27 e (new)
Text proposed by the Commission |
Amendment |
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Amendment 82
Proposal for a regulation
Article 4 — paragraph 1 — point 27 f (new)
Text proposed by the Commission |
Amendment |
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Amendment 83
Proposal for a regulation
Article 4 — paragraph 1 — point 27 g (new)
Text proposed by the Commission |
Amendment |
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Amendment 84
Proposal for a regulation
Article 4 — paragraph 1 — point 27 h (new)
Text proposed by the Commission |
Amendment |
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Amendment 85
Proposal for a regulation
Article 4 — paragraph 1 — point 27 i (new)
Text proposed by the Commission |
Amendment |
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Amendment 86
Proposal for a regulation
Article 4 — paragraph 1 — point 27 j (new)
Text proposed by the Commission |
Amendment |
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Amendment 87
Proposal for a regulation
Article 4 — paragraph 1 — point 27 k (new)
Text proposed by the Commission |
Amendment |
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Amendment 88
Proposal for a regulation
Article 4 — paragraph 1 — point 27 l (new)
Text proposed by the Commission |
Amendment |
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Amendment 89
Proposal for a regulation
Article 4 — paragraph 1 — point 27 m (new)
Text proposed by the Commission |
Amendment |
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Amendment 90
Proposal for a regulation
Article 4 — paragraph 1 — point 27 n (new)
Text proposed by the Commission |
Amendment |
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Amendment 91
Proposal for a regulation
Article 5 — paragraph 1
Text proposed by the Commission |
Amendment |
1. A veterinary medicinal product shall be placed on the market only when a marketing authorisation has been granted in respect of the product by a competent authority in accordance with Articles 44, 46 or 48 or by the Commission in accordance with Article 40 . |
1. Without prejudice to other provisions of this Regulation, a veterinary medicinal product shall be placed on the market of a Member State only when a marketing authorisation has been granted in respect of the product by a competent authority of that Member State or by the Commission in accordance with this Regulation . |
Amendment 92
Proposal for a regulation
Article 5 — paragraph 2
Text proposed by the Commission |
Amendment |
2. A marketing authorisation for a veterinary medicinal product shall be valid for an unlimited period of time. |
2. A marketing authorisation for a veterinary medicinal product shall be valid for an unlimited period of time , unless risks to public health, animal health and the environment are detected or new scientific knowledge gives grounds for re-examination of the benefit risk balance. In such situations Member States or the Commission shall refer the matter to the Agency in accordance with the procedure described in Article 84. |
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When a previously authorised veterinary medicinal product has not been present on the market in any Member State for a period of five consecutive years, the authorisation granted for that veterinary medicinal product shall cease to be valid. |
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The competent authority may, in exceptional circumstances, and on human or animal health grounds, grant an exemption from the termination of validity referred to in the second subparagraph. Such exemptions shall be duly justified. |
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The marketing authorisation holder shall be responsible for marketing the medicinal product. The designation of a representative shall not relieve the marketing authorisation holder of its legal responsibility. |
Amendment 93
Proposal for a regulation
Article 6 — paragraph 1 — point c
Text proposed by the Commission |
Amendment |
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Amendment 94
Proposal for a regulation
Article 6 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Applications shall be submitted electronically . For applications submitted in accordance with the centralised marketing authorisation procedure, the formats made available by the Agency shall be used . |
3. Applications shall be submitted electronically or saved in exceptional circumstances and following agreement with a competent authority or in the case of centralised application, with the Agency. The Commission, in collaboration with the Member States and with the Agency shall adopt detailed guidelines on the format of electronic applications . |
Amendment 95
Proposal for a regulation
Article 6 — paragraph 5
Text proposed by the Commission |
Amendment |
5. Within 15 days of receipt of the application , the competent authority or the Agency shall notify the applicant of whether all data required in accordance with Article 7 have been presented . |
5. Without prejudice to specific provisions related to the mutual recognition procedure or the decentralised procedure , the competent authority or the Agency shall , within 15 days of receipt of the application, notify the applicant whether the formal requirements laid down in this Regulation for the application concerned have been met and whether the application can be subject to scientific assessment . |
Amendment 96
Proposal for a regulation
Article 7 — paragraph 2 — point a
Text proposed by the Commission |
Amendment |
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Amendment 97
Proposal for a regulation
Article 7 — paragraph 2 — point b
Text proposed by the Commission |
Amendment |
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Amendment 98
Proposal for a regulation
Article 7 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Where the application concerns a veterinary medicinal product intended for food-producing target species and containing pharmacologically active substances that are not listed in Table 1 of the Annex to Regulation (EU) No 37/2010 for the animal species in question, a document certifying that a valid application for the establishment of maximum residue limits has been submitted to the Agency in accordance with Regulation (EC) No 470/2009 of the European Parliament and of the Council (22) shall be submitted in addition to the information listed in paragraph 1. |
3. Where the application concerns a veterinary medicinal product intended for food-producing target species and containing pharmacologically active substances that are not listed in Table 1 of the Annex to Regulation (EU) No 37/2010 for the animal species in question, a document shall be submitted in addition to the information listed in paragraph 1 of this Article certifying that a valid application for the establishment of maximum residue limits has been submitted to the Agency in accordance with Regulation (EC) No 470/2009 of the European Parliament and of the Council (22) and that at least six months has elapsed from submission of such application. |
Amendment 100
Proposal for a regulation
Article 8 — paragraph 2
Text proposed by the Commission |
Amendment |
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2. Approvals of clinical trials shall be granted on condition that food-producing animals used in the clinical trials or their produce do not enter the human food chain unless: |
2. Member States shall not permit test animals to be used as a source of foodstuffs for human consumption unless the competent authorities have established an appropriate withdrawal period. Such period shall either: |
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Amendment 101
Proposal for a regulation
Article 8 — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. The principles of replacement, reduction and refinement concerning the care and use of live animals for scientific purposes shall be taken into account during the design and performance of clinical trials. |
Amendment 102
Proposal for a regulation
Article 8 — paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
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6a. The holder of the clinical trial authorisation shall notify the competent authority of every serious adverse event and all human adverse reactions shall be notified promptly and in any case not later than 15 days following receipt of the information. |
Amendment 103
Proposal for a regulation
Article 9
Text proposed by the Commission |
Amendment |
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Labelling of the immediate packaging of veterinary medicinal products |
Labelling of the immediate packaging of veterinary medicinal products |
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1. The immediate packaging of a veterinary medicinal product shall contain only the following information: |
1. The immediate packaging of a veterinary medicinal product shall contain only the following information: |
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1a. In exceptional cases, additional information in accordance with Article 30 may be included, on request of the applicant or the competent authority when it is absolutely necessary to ensure the safe and correct administration of the product. |
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2. The information listed in paragraph 1 shall appear in easily legible and clearly comprehensible characters, or, where appropriate, abbreviations or pictograms common throughout the Union. |
2. The information listed in paragraph 1 shall appear in easily legible and clearly comprehensible characters, or, where appropriate, abbreviations or pictograms common throughout the Union. |
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2a. In addition, all the information listed in points (a) to (g) of paragraph 1 shall also appear in a format that is electronically readable, such as a barcode. Data shall be made available for other documentation systems through standards interface. |
Amendment 104
Proposal for a regulation
Article 10
Text proposed by the Commission |
Amendment |
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Labelling of the outer packaging of veterinary medicinal products |
Labelling of the outer packaging of veterinary medicinal products |
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1. The outer packaging of a veterinary medicinal product shall contain only the following information: |
1. The outer packaging of a veterinary medicinal product shall contain only the following information: |
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1a. In exceptional cases, additional information in accordance with Article 30 may be included, on request of the applicant or the competent authority when it is absolutely necessary to ensure safe and correct administration of the product. |
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2. The information listed in paragraph 1 shall appear in easily legible and clearly comprehensible characters, or, where appropriate, abbreviations or pictograms common throughout the Union. |
2. The information listed in paragraph 1 shall appear in easily legible and clearly comprehensible characters, as well as in machine-readable format , or, where appropriate, abbreviations or pictograms common throughout the Union. |
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3. Where there is no outer packaging, all the particulars listed in paragraph 1 shall appear on the immediate packaging. |
3. Where there is no outer packaging, all the particulars listed in paragraph 1 shall appear on the immediate packaging. |
Amendment 105
Proposal for a regulation
Article 11
Text proposed by the Commission |
Amendment |
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Labelling of small immediate packaging units of veterinary medicinal products |
Labelling of small immediate packaging units of veterinary medicinal products |
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By way of derogation from Article 9, small immediate packaging units shall contain only the following information: |
By way of derogation from Article 9, small immediate packaging units shall contain only the following information: |
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In exceptional cases, additional information in accordance with Article 30 may be included, on request of the applicant or the competent authority when it is absolutely necessary to ensure safe and correct administration of the product. |
Amendment 106
Proposal for a regulation
Article 12
Text proposed by the Commission |
Amendment |
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Package leaflet of veterinary medicinal products |
Package leaflet of veterinary medicinal products |
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1. The package leaflet shall be available for each veterinary medicinal product and shall contain at least the following information: |
1. The package leaflet shall be directly available with each veterinary medicinal product and shall contain at least the following information: |
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2. The package leaflet may bear additional information concerning distribution, possession or any necessary precaution in conformity with the marketing authorisation, provided that the information is not promotional. This additional information shall appear in the package leaflet clearly separated from the information referred to in paragraph 1. |
2. The package leaflet may bear additional information concerning distribution, possession or any necessary precaution in conformity with the marketing authorisation, provided that the information is not promotional. This additional information shall appear in the package leaflet clearly separated from the information referred to in paragraph 1. |
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3. The package leaflet shall be written and designed to be clear and understandable, in terms that are comprehensible to the general public. |
3. The package leaflet shall be written and designed to be clear , readable and understandable, in terms that are comprehensible to the general public. |
Amendment 107
Proposal for a regulation
Article 13
Text proposed by the Commission |
Amendment |
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Package leaflet of homeopathic veterinary medicinal products |
Package leaflet of homeopathic veterinary medicinal products |
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By way of derogation from Article 12(1), the package leaflet for homeopathic veterinary medicinal products registered in accordance with Articles 89 to 90 shall contain only the following information: |
By way of derogation from Article 12(1), the package leaflet for homeopathic veterinary medicinal products registered in accordance with Articles 89 to 90 shall contain only the following information: |
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Amendment 108
Proposal for a regulation
Article 16 — paragraph 2
Text proposed by the Commission |
Amendment |
2. For the purpose of this Section, where the active substance consists of salts, esters, ethers, isomers and mixtures of isomers, complexes or derivatives differing from the active substance used in the reference veterinary medicinal product, it shall be considered to be the same active substance as that used in the reference veterinary medicinal product, unless it differs significantly in respect of properties with regard to safety or efficacy. Where it differs significantly in respect of those properties, the applicant shall submit additional information in order to prove the safety and/or efficacy of the various salts, esters or derivatives of the authorised active substance of the reference veterinary medicinal product. |
2. For the purpose of this Section, where the active substance consists of salts, esters, ethers, isomers and mixtures of isomers, complexes or derivatives differing from the active substance used in the reference veterinary medicinal product, it shall be considered to be the same active substance as that used in the reference veterinary medicinal product, unless it differs significantly in respect of properties with regard to safety, efficacy and behaviour of residues . Where it differs significantly in respect of those properties, the applicant shall submit additional information in order to prove the safety and/or efficacy of the various salts, esters or derivatives of the authorised active substance of the reference veterinary medicinal product. |
Amendment 109
Proposal for a regulation
Article 16 — paragraph 6
Text proposed by the Commission |
Amendment |
6. A competent authority or the Agency may require the applicant to provide safety data concerning the potential risks posed by the generic veterinary medicinal product to the environment in case the marketing authorisation for the reference veterinary medicinal product was granted before 20 July 2000 or in case the second phase environmental risk assessment was required for the reference veterinary medicinal product. |
6. The applicant shall submit to the competent authority or the Agency , on their request, safety data concerning the potential risks posed by the generic veterinary medicinal product to the environment if there are well founded reasons to believe that authorisation can result in an increased risk to the environment from the generic product as compared to the reference product. |
Amendment 110
Proposal for a regulation
Article 17 — paragraph 1 — introductory part
Text proposed by the Commission |
Amendment |
By way of derogation from Article 7(1)(b) an application for a marketing authorisation for a veterinary medicinal product containing a combination of active substances that have each already been used in authorised veterinary medicinal products , but have not hitherto been authorised in that combination (‘combination veterinary medicinal product’) shall satisfy the following criteria: |
By way of derogation from Article 7(1)(b) an application for a marketing authorisation for a veterinary medicinal product containing a combination of active substances that have each already been used in authorised veterinary medicinal products shall satisfy the following criteria: |
Amendment 111
Proposal for a regulation
Article 21
Text proposed by the Commission |
Amendment |
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Reduced data requirements for applications for limited markets |
Reduced data requirements for applications for limited markets |
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1. By way of derogation from Article 7(1)(b), a marketing authorisation for a veterinary medicinal product intended for a limited market shall be granted although the quality and/or efficacy documentation required in accordance with Annex II has not been provided, if all the following conditions are met : |
1. By way of derogation from Article 7(1)(b), a marketing authorisation for a veterinary medicinal product intended for a limited market shall be granted even when , for objective, verifiable reasons, the applicant is unable to provide the quality and/or efficacy documentation required in accordance with Annex II , subject to the following conditions: |
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2. By way of derogation from Article 5(2), a marketing authorisation for a limited market shall be granted for a period of 3 years. |
2. By way of derogation from Article 5(2), a marketing authorisation for a limited market shall be granted for a period of five years. At the end of that period, the holder may request, in the light of scientific data and on grounds of pharmacovigilance and efficiency, that this authorisation be converted into an open-ended authorisation. |
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3. Where a medicinal product has been granted a marketing authorisation in accordance with this Article, the summary of product characteristics shall clearly state that only a limited assessment of quality and/or efficacy has been conducted due to the lack of comprehensive efficacy and/or quality data . |
3. Where a medicinal product has been granted a marketing authorisation in accordance with this Article, the summary of product characteristics shall clearly state that only limited information on its quality and efficacy has been submitted . The packaging shall bear a warning with the same information. |
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3a. A veterinary medicinal product that has been granted marketing authorisation in accordance with this Article may only be issued on the basis of a prescription. |
Amendment 113
Proposal for a regulation
Article 22
Text proposed by the Commission |
Amendment |
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Data requirements for applications in exceptional circumstances |
Data requirements for applications in exceptional circumstances |
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1. By way of derogation from Article 7(1)(b), in exceptional circumstances related to animal or public health, where the applicant has demonstrated that for objective, verifiable reasons he is unable to provide the quality, safety and/or efficacy documentation required in accordance with Part 1, Part 2 and Part 3 of Annex II, a marketing authorisation may be granted subject to any of the following: |
1. By way of derogation from Article 7(1)(b), in exceptional circumstances related to animal or public health, including unmet needs with respect to animal health, where the applicant has demonstrated that for objective, verifiable reasons he is unable to provide the quality, safety and/or efficacy documentation required in accordance with Part 1, Part 2 and Part 3 of Annex II, a marketing authorisation may be granted subject to any of the following: |
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2. By way of derogation from Article 5(2), a marketing authorisation in exceptional circumstances shall be granted for a period of 1 year . |
2. The continuation of a marketing authorisation granted in accordance with paragraph 1 shall be tied to an annual review of the conditions set out in that paragraph, until all those conditions are fulfilled . |
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3. Where a medicinal product has been granted a marketing authorisation in accordance with this Article, the summary of product characteristics shall clearly state that only a limited assessment of quality, safety and/or efficacy has been conducted due to the lack of comprehensive quality, safety and/or efficacy data. |
3. Where a medicinal product has been granted a marketing authorisation in accordance with this Article, the summary of product characteristics shall clearly state that only a limited assessment of quality, safety and/or efficacy has been conducted due to the lack of comprehensive quality, safety and/or efficacy data. The packaging shall bear a warning with the same information. |
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3a. The competent authority or the Commission may at any time grant a valid marketing authorisation for an unlimited period of time, provided that no safety or efficacy problems have been reported with the product in use and the marketing authorisation holder has supplied the missing quality, safety and efficacy information set out in paragraph 1. |
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3b. A veterinary medicinal product that has been granted marketing authorisation in accordance with this Article may only be issued on the basis of a prescription. |
Amendment 114
Proposal for a regulation
Article 25 — paragraph 1
Text proposed by the Commission |
Amendment |
The competent authority shall ascertain that the manufacturers of veterinary medicinal products from third countries are able to manufacture the veterinary medicinal product concerned and/or carry out control tests in accordance with the methods described in the documentation submitted in support of the application in accordance with Article 7(1). |
The competent authority shall ascertain that the manufacturers of veterinary medicinal products from third countries comply with applicable Union law, are able to manufacture the veterinary medicinal product concerned and/or carry out control tests in accordance with the methods described in the documentation submitted in support of the application in accordance with Article 7(1) and that they minimise environmental pollution . |
Amendment 115
Proposal for a regulation
Article 28 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Where the application concerns an antimicrobial veterinary medicinal product, the competent authority or the Commission may require the marketing authorisation holder to conduct post-authorisation studies in order to ensure that the benefit-risk balance remains positive with a view to the possible development of antimicrobial resistance. |
3. Where the application concerns an antimicrobial veterinary medicinal product, the competent authority or the Commission shall require the marketing authorisation holder to conduct post-authorisation studies in order to ensure that the benefit-risk balance remains positive with a view to the possible development of antimicrobial resistance. |
Amendments 116 and 298
Proposal for a regulation
Article 29
Text proposed by the Commission |
Amendment |
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Requirement for a veterinary prescription |
Requirement for a veterinary prescription |
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1. A competent authority or the Commission shall classify the following veterinary medicinal products as subject to veterinary prescription: |
1. The following veterinary medicinal products shall be subject to mandatory veterinary prescription: |
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1a. Member States may on their territories provide for additional legal subcategories in accordance with the respective national law. |
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2. A competent authority or the Commission may classify a veterinary medicinal product as subject to veterinary prescription where special precautions are contained in the summary of product characteristics referred to in Article 30, and in particular potential risks to: |
2. A veterinary medicinal product may be classified as subject to mandatory veterinary prescription where special precautions are contained in the summary of product characteristics referred to in Article 30, and in particular potential risks to: |
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3. By the way of derogation from paragraph 1, a competent authority or the Agency may not classify a veterinary medicinal product as subject to veterinary prescription if all of the following conditions are fulfilled: |
3. By the way of derogation from paragraph 1, a competent authority or the Commission may exempt a veterinary medicinal product from a mandatory veterinary prescription if all of the following conditions are fulfilled: |
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Amendment 117
Proposal for a regulation
Article 29 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Notwithstanding paragraph 1, medicinal products for veterinary use may be used without prescription if: |
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Amendment 118
Proposal for a regulation
Article 30 — paragraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 119
Proposal for a regulation
Article 30 — paragraph 1 — point c — point vi
Text proposed by the Commission |
Amendment |
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Amendment 120
Proposal for a regulation
Article 30 — paragraph 1 — point c — point xiii
Text proposed by the Commission |
Amendment |
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Amendment 121
Proposal for a regulation
Article 30 — paragraph 1 — point e — point iii a (new)
Text proposed by the Commission |
Amendment |
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Amendment 122
Proposal for a regulation
Article 30 — paragraph 1 — point e a (new)
Text proposed by the Commission |
Amendment |
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Amendment 123
Proposal for a regulation
Article 30 — paragraph 1 — point j a (new)
Text proposed by the Commission |
Amendment |
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Amendment 124
Proposal for a regulation
Article 31 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. Where two products have the same therapeutic effect, comparative assessments may be carried out. In such a case, the products that are hazardous to the environment or to the treated animals shall be substituted by the less hazardous products having the same therapeutic effects. |
Amendment 125
Proposal for a regulation
Article 32 — paragraph 1 — point d
Text proposed by the Commission |
Amendment |
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Amendment 126
Proposal for a regulation
Article 32 — paragraph 1 — point e
Text proposed by the Commission |
Amendment |
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Amendment 127
Proposal for a regulation
Article 32 — paragraph 1 — point g a (new)
Text proposed by the Commission |
Amendment |
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Amendment 128
Proposal for a regulation
Article 32 — paragraph 1 — point g b (new)
Text proposed by the Commission |
Amendment |
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Amendment 129
Proposal for a regulation
Article 32 — paragraph 1 — point h a (new)
Text proposed by the Commission |
Amendment |
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Amendment 130
Proposal for a regulation
Article 32 — paragraph 1 — point h b (new)
Text proposed by the Commission |
Amendment |
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Amendment 132
Proposal for a regulation
Article 32 — paragraph 2
Text proposed by the Commission |
Amendment |
2. A marketing authorisation for an antimicrobial veterinary medicinal product shall be refused if the antimicrobial is reserved for treatment of certain infections in humans. |
2. A marketing authorisation for an antimicrobial veterinary medicinal product shall be refused if the antimicrobial is reserved for treatment of certain infections in humans within the meaning of paragraph 4 . |
Amendment 133
Proposal for a regulation
Article 32 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 146 in order to establish rules for the designation of the antimicrobials which are to be reserved for treatment of certain infections in humans in order to preserve the efficacy of certain active substances in humans. |
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 146 and taking into consideration the scientific advice of the Agency in order to establish rules for the designation of the antimicrobials which are to be reserved for treatment of certain infections in humans in order to preserve the efficacy of certain active substances in humans. |
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The Agency, in its advice, shall consider appropriate designations at the class, substance or even the indication level and shall consider also the route of administration. |
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Member States which implement or wish to implement stricter rules shall be allowed to do so. |
Amendment 134
Proposal for a regulation
Article 32 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The Commission shall, by means of implementing acts, designate antimicrobials or groups of antimicrobials reserved for treatment of certain infections in humans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 145(2). |
4. The Commission shall, by means of implementing acts and taking into consideration the scientific advice of the Agency as well as the work already carried out by the WHO , designate antimicrobials or groups of antimicrobials reserved for treatment of certain infections in humans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 145(2). |
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Such designations, where relevant, shall be done at the class, substance or even the indication level and shall consider also the route of administration. |
Amendment 301
Proposal for a regulation
Article 33 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Safety information with regard to the environmental effects of veterinary medicinal products shall not be protected. |
Amendment 136
Proposal for a regulation
Article 34
Text proposed by the Commission |
Amendment |
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Periods of the protection of technical documentation |
Periods of the protection of technical documentation |
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1. The period of the protection of technical documentation shall be: |
1. The period of the protection of technical documentation shall be: |
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2. The protection shall apply from the day when the marketing authorisation for the veterinary medicinal product was granted in accordance with Article 7. |
2. The protection shall apply from the day when the marketing authorisation for the veterinary medicinal product was granted in accordance with Article 7. |
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2a. Where the veterinary medicinal product has been authorised for more than one species, the period shall be extended in accordance with the prolongation periods provided for in Article 35. |
Amendment 312
Proposal for a regulation
Article 34 a (new)
Text proposed by the Commission |
Amendment |
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Article 34a |
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Period of protection of new data packages related to existing veterinary medicinal products |
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1. Any new studies and trials, submitted by the applicant for a marketing authorisation to the competent authorities for an existing veterinary medicinal product no longer covered by any protection period shall benefit from a stand-alone period of protection of four years, provided that they are: |
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2. No other applicant may use the results of these trials or studies for commercial purposes during that four year period without the written consent of the holder of the marketing authorisation in the form of a letter of access to those trials or studies. |
Amendment 138
Proposal for a regulation
Article 35
Text proposed by the Commission |
Amendment |
Prolongation of the periods of the protection of technical documentation |
Prolongation of the periods of the protection of technical documentation |
1. Where a variation is approved in accordance with Article 65 extending the marketing authorisation to another species listed in Article 34(1)(a), the period of the protection provided for in that Article shall be prolonged by 1 year for each additional target species, provided that the variation has been submitted at least 3 years before the expiration of the protection period laid down in Article 34(1)(a). |
1. Where the first marketing authorisation is granted for more than one species or a variation is approved in accordance with Article 65, extending the marketing authorisation to another species listed in Article 34(1)(a), the period of the protection provided for in that Article 34 shall be prolonged by two years for each additional target species in the original dossiers, provided that the variation has been submitted at least 3 years before the expiration of the protection period laid down in Article 34(1)(a). The information on the submission for extension of the marketing authorisation shall be made publicly available. |
2. Where a variation is approved in accordance with Article 65 extending the marketing authorisation to a another species not listed in Article 34(1)(a), the period of the protection provided for in Article 34 shall be prolonged by 4 years. |
2. Where the first marketing authorisation is granted for more than one species or a variation is approved in accordance with Article 65, extending the marketing authorisation to a another species not listed in Article 34(1)(a), the period of the protection provided for in Article 34 shall be prolonged by 4 years , provided that the variation has been submitted at least three years before the expiration of the protection period laid down in Article 34 . The information on the submission for extension of the marketing authorisation shall be made publicly available. |
3. The period of the protection of the first marketing authorisation prolonged by any additional periods of protection due to any variations or new authorisations belonging to the same marketing authorisation (‘overall period of the protection of technical documentation’) shall not exceed 18 years. |
3. The period of the protection of the first marketing authorisation prolonged by any additional periods of protection due to any variations or new authorisations belonging to the same marketing authorisation (‘overall period of the protection of technical documentation’) shall not exceed 14 years for products referred to in Article 34(1)(a). For products referred to in Article 34(1)(b) and (d), this period shall not exceed 18 years. |
4. Where an applicant for a marketing authorisation for a veterinary medicinal product or for a variation to the terms of the marketing authorisation submits an application in accordance with Regulation (EC) No 470/2009 for the establishment of a maximum residue limit, together with clinical trials during the application procedure, other applicants shall not use those trials for a period of 5 years from the granting of the marketing authorisation for which they were carried out, unless the other applicant has obtained written agreement in the form of a letter of access with regard to those trials. |
4. Where an applicant for a marketing authorisation for a veterinary medicinal product or for a variation to the terms of the marketing authorisation submits an application in accordance with Regulation (EC) No 470/2009 for the establishment of a maximum residue limit, together with clinical trials during the application procedure, other applicants shall not use the results of these trials for commercial purposes for a period of 5 years from the granting of the marketing authorisation for which they were carried out, unless the other applicant has obtained written agreement in the form of a letter of access with regard to those trials. |
Amendment 139
Proposal for a regulation
Article 38 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Centralised marketing authorisations shall be granted by the Commission in accordance with this Section. They shall be valid throughout the Union. |
1. Centralised marketing authorisations shall be granted by the Commission in accordance with this Section. They shall be valid throughout the Union and considered the priority procedure . The Commission and the Agency shall develop and encourage use of the centralised procedure, particularly by facilitating access for SMEs. |
Amendment 141
Proposal for a regulation
Article 38 — paragraph 2 — point c
Text proposed by the Commission |
Amendment |
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Amendment 142
Proposal for a regulation
Article 38 — paragraph 2 — point e
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 143
Proposal for a regulation
Article 38 — paragraph 3
Text proposed by the Commission |
Amendment |
3. For veterinary medicinal products other than those listed in paragraph 2 a centralised marketing authorisation may be granted if no other marketing authorisation has been granted for the veterinary medicinal product within the Union . |
3. For veterinary medicinal products other than those listed in paragraph 2 a centralised marketing authorisation may also be granted. |
Amendment 144
Proposal for a regulation
Article 38 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The Commission, taking into account the state of animal and public health in the Union, shall be empowered to adopt delegated acts in accordance with Article 146 in order to amend the list set out in paragraph 2. |
deleted |
Amendment 145
Proposal for a regulation
Article 46 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Applications for decentralised marketing authorisation shall be submitted to the Member State chosen by the applicant (‘reference Member State’). |
1. Applications and the dossier for decentralised marketing authorisation shall be submitted to all the Member States. The Member State chosen by the applicant shall be the reference Member State. |
Amendment 146
Proposal for a regulation
Article 46 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The application shall list Member States where the applicant seeks to obtain a marketing authorisation (‘Member States concerned’). |
2. The application shall list Member States where the applicant seeks to obtain a marketing authorisation (‘Member States concerned’). The applicant shall send to all Member States concerned an application identical to that submitted to the reference Member State, including an identical dossier as provided under Article 7. |
Amendment 147
Proposal for a regulation
Article 48 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Applications for mutual recognition of marketing authorisations shall be submitted to the Member State that granted the first national marketing authorisation (‘reference Member State’). |
1. Applications and the dossier for mutual recognition of marketing authorisations shall be submitted to all the Member States. The Member State that granted the first national marketing authorisation shall be the reference Member State. |
Amendment 148
Proposal for a regulation
Article 48 — paragraph 2
Text proposed by the Commission |
Amendment |
2. A minimum of 6 months shall elapse between the decision granting the first national marketing authorisation and the submission of the application for mutual recognition of the national marketing authorisation. |
Deleted |
Amendment 149
Proposal for a regulation
Article 48 — paragraph 3 — point c
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 150
Proposal for a regulation
Article 48 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Within 90 days of receipt of a valid application, the reference Member State shall prepare an updated assessment report for the veterinary medicinal product. The updated assessment report together with the approved summary of the product characteristics and the text to appear in the labelling and package leaflet shall be forwarded to all Member States and the applicant , together with the list of Member States where the applicant seeks to obtain recognition of the marketing authorisation (‘concerned Member States’) . |
4. Within 45 days of receipt of a valid application, the reference Member State shall prepare an updated assessment report for the veterinary medicinal product. The updated assessment report together with the approved summary of the product characteristics and the text to appear in the labelling and package leaflet shall be forwarded to all concerned Member States and the applicant. |
Amendment 151
Proposal for a regulation
Article 49 — paragraph 1
Text proposed by the Commission |
Amendment |
1. If a Member State raises, within the time period referred to in Article 46(4) or Article 48(5) its objections to the assessment report, proposed summary of product characteristics or proposed labelling and package leaflet, a detailed statement of the reasons shall be provided to the reference Member State, the other Member States and the applicant. The points of disagreement shall be referred without delay to the coordination group for mutual recognition and decentralised procedures set up by Article 142(‘the coordination group’) by the reference Member State. |
1. If a Member State raises, within the time period referred to in Article 46(4) or Article 48(5) its objections to the assessment report, proposed summary of product characteristics or proposed labelling and package leaflet, on grounds of a potential serious risk to human or animal health or to the environment, a detailed statement of the reasons shall be provided to the reference Member State, the other Member States and the applicant. The points of disagreement shall be referred without delay to the coordination group for mutual recognition and decentralised procedures set up by Article 142 (‘the coordination group’) by the reference Member State. |
Amendment 152
Proposal for a regulation
Article 49 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Within the coordination group, a rapporteur shall be appointed in order to prepare a second assessment report for the veterinary medicinal product. |
deleted |
Amendment 153
Proposal for a regulation
Article 49 — paragraph 4
Text proposed by the Commission |
Amendment |
4. In the event of an opinion in favour of granting a marketing authorisation, the reference Member State shall record the agreement of Member States, close the procedure and inform Member States and the applicant accordingly. |
4. In the event of an opinion in favour of granting or amending a marketing authorisation, the reference Member State shall record the agreement of Member States, close the procedure and inform Member States and the applicant accordingly. |
Amendment 154
Proposal for a regulation
Article 50 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Within 15 days after receipt of the assessment report referred to in Article 46(3) or in Article 48(4) the applicant may provide written notice to the Agency requesting a re-examination of the assessment report. In that case the applicant shall forward to the Agency detailed grounds for the request within 60 days of receipt of the assessment report. The application shall be accompanied by proof of payment of the fee payable to the Agency for the re-examination. |
1. Within 15 days after receipt of the assessment report referred to in Article 46(3) or in Article 48(4) the applicant may provide written notice to the Coordination group requesting a re-examination of the assessment report. In that case the applicant shall forward to the Agency detailed grounds for the request within 60 days of receipt of the assessment report. The application shall be accompanied by proof of payment of the fee payable to the Agency for the re-examination. |
Amendment 155
Proposal for a regulation
Article 50 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The re-examination procedure shall deal only with the points of the assessment report identified by the applicant in the written notice. |
3. The Committee shall define the scope of the examination, taking into account the information supplied by the applicant. |
Amendment 156
Proposal for a regulation
Article 50 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Within 15 days of its adoption, the Agency shall forward the opinion of the Committee to the coordination group , together with a report describing the assessment of the veterinary medicinal product by the Committee and stating the reasons for its conclusions. Those documents shall be forwarded to the Commission, to Member States and to the applicant for information purposes. |
4. Within 15 days of its adoption, the Agency shall forward the opinion of the Committee to the Commission , together with a report describing the assessment of the veterinary medicinal product by the Committee and stating the reasons for its conclusions. Those documents shall be forwarded to Member States and to the applicant for information purposes. |
Amendment 157
Proposal for a regulation
Article 50 — paragraph 5
Text proposed by the Commission |
Amendment |
5. Upon presentation of the Agency ' s opinion, the coordination group shall act by the majority of the votes cast by its members represented at the meeting. The reference Member State shall record the agreement, close the procedure and inform the applicant. Article 49 shall apply accordingly. Where the decision is not in accordance with the opinion of the Agency, the coordination group shall annex a detailed explanation of the reasons for the differences. |
5. Within 15 days of receipt of the opinion, the Commission shall prepare a draft of the decision associated with the procedure. |
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If the draft decision proposes that a marketing authorisation be granted, the draft shall include or refer to the documents listed in Article 28. |
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Where the draft decision proposes that a marketing authorisation be refused, the grounds for refusal shall be stated in accordance with Article 32. |
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Where the draft decision does not concur with the Committee’s opinion, the Commission shall attach detailed explanations of the grounds for these differences. |
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The Commission may, by means of implementing acts, take a final decision on the granting of a marketing authorisation under the decentralised or mutual recognition procedure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 145(2). |
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The Agency shall forward to the applicant the documents provided for by Article 28. |
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The Agency shall make the opinion publicly available, after deleting any commercially confidential information. |
Amendment 158
Proposal for a regulation
Article 51 — paragraph 1
Text proposed by the Commission |
Amendment |
1. A Union database on veterinary medicinal products (‘product database’) shall be set up and maintained by the Agency. |
1. A Union- wide database on veterinary medicinal products (‘product database’) shall be set up and maintained by the Agency. |
Amendment 159
Proposal for a regulation
Article 51 — paragraph 2 — point a
Text proposed by the Commission |
Amendment |
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Amendment 160
Proposal for a regulation
Article 52 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Marketing authorisation holders shall have full access to the information in the product database concerning their own marketing authorisations. |
2. Marketing authorisation holders shall have full access to the information in the product database concerning their own marketing authorisations and limited access to other products . |
Amendment 161
Proposal for a regulation
Article 52 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The general public shall have access to information in the product database as regards the list of the authorised veterinary medicinal products, their summaries of product characteristics and package leaflets. |
3. The general public shall have access to information in the product database as regards the list of the authorised veterinary medicinal products, their summaries of product characteristics, package leaflets and their environmental data, and all safety information . |
Amendment 162
Proposal for a regulation
Article 54 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States shall collect relevant and comparable data on the volume of sales and the use of veterinary antimicrobial medicinal products. |
1. Member States shall collect relevant comparable and sufficiently detailed data, at per-farm level , on the volume of sales in terms of weight and cost for each antimicrobial type and the use of veterinary antimicrobial medicinal products including the species treated, the disease diagnosed and the route of administration . |
Amendment 163
Proposal for a regulation
Article 54 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Member States shall send data on the volume of sales and the use of veterinary antimicrobial medicinal products to the Agency. The Agency shall analyse the data and publish an annual report. |
2. Member States shall send data on the volume of sales and the use of veterinary antimicrobial medicinal products to the Agency. The Agency shall cooperate with other European agencies to analyse the data and publish an annual report which shall also include the corresponding data for human use of antimicrobials as well as the current situation on antimicrobial resistance in the Union and, where appropriate, issue guidelines and recommendations . |
Amendment 164
Proposal for a regulation
Article 54 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Member States shall collect relevant and comparable data on the volume of sales and the use of anti-parasitic and hormonal veterinary medicinal products, and make these available to the Agency. |
Amendment 165
Proposal for a regulation
Article 54 — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. Data requirements for adopting those implementing acts shall include animal species, the dose, the duration and type of treatment, the number of animals treated and the administration route or routes. In addition, any off-label use of antimicrobials shall be mandatorily reported to national authorities. |
Amendment 166
Proposal for a regulation
Article 54 — paragraph 4 b (new)
Text proposed by the Commission |
Amendment |
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4b. The use of antibiotics in drinking water shall be restricted to cases where most of the animals or the whole herd are sick. Five years after the entry into force of this Regulation, the Commission shall publish a report examining the different routes used to administer antibiotics to food-producing animals, and in particular the oral routes used through feed and water, and their subsequent impact on antimicrobial resistance. |
Amendment 167
Proposal for a regulation
Section 2 a (new)
Text proposed by the Commission |
Amendment |
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Section 2a |
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Imports, parallel imports and parallel distribution |
Amendment 168
Proposal for a regulation
Article 56 a (new)
Text proposed by the Commission |
Amendment |
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Article 56a |
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Import authorisations |
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1. An import authorisation shall be required for the following actions: |
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2. Applications for authorisation for these activities shall be submitted to the national authorities responsible for authorisation as referred to in points (a) and (b) of paragraph 1, and to the Authorisations Agency referred to in point (c) of paragraph 1. |
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The competent authorities and the Agency shall register the authorisation of parallel importation or parallel distribution that they have granted in the database on veterinary medicinal products established under Article 51. |
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3. The veterinary medicinal product imported in parallel or distributed in parallel shall be marketed in the packaging and with labelling in the language(s) stipulated by each Member State of importation or distribution. |
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4. By way of derogation from paragraph 1 of this Article, the authorisation shall not be required for: |
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Amendment 169
Proposal for a regulation
Article 56 b (new)
Text proposed by the Commission |
Amendment |
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Article 56b |
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Import authorisation applications |
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1. An import authorisation application as referred to in point (a) of Article 56a(1) shall be submitted to the competent authority of the Member State of the importer. |
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These authorisations shall be granted for a single operation. |
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Any change in the information submitted in order to obtain authorisation shall be notified to the competent authority, which shall accordingly alter the initial authorisation if necessary. |
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An import authorisation application shall contain at least the following information: |
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2. An import authorisation application as referred to in point (b) of Article 56a(1) shall be submitted to the competent authority of the Member State of the importer. |
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These authorisations shall be granted for a period of five years. |
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Any change in the information submitted in order to obtain authorisation shall be notified to the competent authority, which shall accordingly alter the initial authorisation if necessary. |
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A parallel import authorisation application shall contain at least the following information: |
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3. An import authorisation application as referred to in point (c) of Article 56a(1) shall be submitted to the Agency. |
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These authorisations shall be granted for a period of five years. |
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Any change in the information submitted in order to obtain authorisation shall be notified to the Agency, which shall accordingly alter the initial authorisation if necessary. |
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The application shall contain information concerning: |
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4. The competent authority or the Agency may suspend or withdraw parallel import or parallel distribution authorisations if Article 56a and paragraphs 1, 2 and 3 of this Article are no longer complied with or if the product presents a risk to human or animal health or to the environment. |
Amendment 170
Proposal for a regulation
Article 57 a (new)
Text proposed by the Commission |
Amendment |
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Article 57a |
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Subsequent conversion into centralised marketing authorisation |
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1. After completion of a decentralised procedure laid down in Article 46, a mutual recognition procedure laid down in Article 48, or a marketing authorisation harmonisation procedure laid down in Article 69, the marketing authorisation holder may submit an application to convert the existing marketing authorisations for the veterinary medicinal product into a centralised marketing authorisation granted by the Commission which shall be valid throughout the Union. |
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2. The application for the conversion into a centralised marketing authorisation shall be submitted to the Agency and shall include the following: |
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3. Within 30 days of receipt of the documents listed in paragraph 2, the Commission shall prepare a draft of the decision granting the Union marketing authorisation in conformity with the assessment report referred to in Articles 46(3), 48(4) and 69(3) or, where appropriate, an updated assessment report, a summary of the product characteristics, and a labelling and package leaflet. |
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4. The Commission shall, by means of implementing acts, take a final decision on the granting of the centralised marketing authorisation. |
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This Article shall only apply to veterinary medicinal products that have been authorised through a mutual recognition procedure, a decentralised procedure or a marketing authorisation harmonisation procedure after the date of the application of this Regulation. |
Amendment 171
Proposal for a regulation
Article 64 — paragraph 1
Text proposed by the Commission |
Amendment |
1. If a variation application fulfils the requirements laid down in Article 61, the competent authority or the Agency, or a competent authority assigned in accordance with Article 63(3) shall acknowledge receipt of a complete application. |
1. If a variation application fulfils the requirements laid down in Article 61, the competent authority or the Agency, or a competent authority assigned in accordance with Article 63(3) shall acknowledge receipt of a complete application in 15 days . |
Amendment 172
Proposal for a regulation
Article 68
Text proposed by the Commission |
Amendment |
Preparatory phase of the harmonisation exercise |
Preparatory phase of the harmonisation exercise |
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-1a. A single marketing authorisation holder or a group of marketing authorisation holders may, in accordance with Article 69, request a harmonisation of different national marketing authorisations that have been granted for a particular veterinary medicinal product. |
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-1b. A harmonised summary of product characteristics shall be prepared for the particular veterinary medicinal product, for which national marketing authorisations have been granted in different Member States. The coordination group shall draw up detailed rules of procedure for harmonisation . |
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-1c. National marketing authorisations may be harmonised with decentralised and/or mutual recognition marketing authorisations if they are for the same product or for essentially similar products |
1. A harmonised summary of product characteristics shall be prepared in accordance with the procedure laid down in Article 69 for veterinary medicinal products, other than homeopathic veterinary medicinal products, which have the same qualitative and quantitative composition of their active substances and the same pharmaceutical form and for which national marketing authorisations have been granted in different Member States before 1 January 2004 (‘similar products’). |
1. Harmonised conditions of use as set out in Article 69(4) shall be prepared in accordance with the procedure laid down in Article 69 for groups of essentially similar veterinary medicinal products, other than homeopathic veterinary medicinal products, which have the same qualitative and quantitative composition of their active substances and the same pharmaceutical form and have been shown to be bio-equivalent (‘essentially similar’ products) and for which national marketing authorisations have been granted in different Member States before the entry into force of this Regulation. |
2. For the purposes of determining qualitative and quantitative composition of the active substances, different salts, esters, ethers, isomers, mixtures of isomers, complexes and derivatives of an active substance shall be considered to be the same active substance, unless they differ significantly in properties with regard to safety or efficacy. |
2. For the purposes of determining qualitative and quantitative composition of the active substances, different salts, esters, ethers, isomers, mixtures of isomers, complexes and derivatives of an active substance shall be considered to be the same active substance, unless they differ significantly in properties with regard to safety or efficacy. |
Amendment 173
Proposal for a regulation
Article 69
Text proposed by the Commission |
Amendment |
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Procedure for harmonisation of summaries of products characteristics |
Procedure for harmonisation of summaries of products characteristics |
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1. By [12 months after the date of application of this Regulation for OP to insert the actual date] competent authorities shall provide the coordination group with lists of all products for which national marketing authorisations have been granted before 1 January 2004 . |
1. By [12 months after the date of application of this Regulation for OP to insert the actual date] competent authorities shall provide the coordination group with lists of all products for which national marketing authorisations have been granted. |
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2. The coordination group shall establish groups of similar products. For each of the groups of similar products, the coordination group shall appoint one member to act as a rapporteur. |
2. The coordination group shall establish groups of essentially similar products as identified in point (b) of Article 68(4). For each of these groups of essentially similar products, the coordination group shall appoint one member to act as a rapporteur. |
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3. Within 120 days of his appointment, the rapporteur shall present the coordination group a report regarding possible harmonisation of summaries of product characteristics for the similar veterinary medicinal products in the group and propose a harmonised summary of products characteristics. |
3. Within 120 days of his appointment, the rapporteur shall present to the coordination group a report proposing harmonisation of the conditions of use for the group of essentially similar veterinary medicinal products or of the marketing authorisation of a particular veterinary medicinal product. |
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4. Harmonised summaries of product characteristics for veterinary medicinal products shall contain all of the following information: |
4. Harmonised conditions of use shall contain at least the following information: |
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4a. Further than the conditions of use, other elements of the summary of product characteristics and data quality set, may be harmonised. |
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5. Upon presentation of a report, the coordination group shall act by a majority of the votes cast by the members of the coordination group represented at the meeting. The rapporteur shall record the agreement, close the procedure and inform Member States and the marketing authorisation holders accordingly. |
5. Upon presentation of a report, the coordination group shall act by a majority of the votes cast by the members of the coordination group represented at the meeting. The rapporteur shall record the agreement, close the procedure and inform Member States and the marketing authorisation holders accordingly. |
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6. In the event of an opinion in favour of adopting a harmonised summary of the product characteristics , each Member State shall vary a marketing authorisation in conformity with the agreement within 30 days of receipt of the information regarding the agreement from the rapporteur. |
6. In the event of an opinion in favour of adopting harmonised conditions of use , each Member State shall vary the marketing authorisation or authorisations of the products in their territory so that the elements listed in paragraph 4, where they are already included in the summaries of characteristics for a product belonging to that group, are in conformity with the agreement within 30 days of receipt of the information regarding the agreement from the rapporteur. Once an opinion in favour of adopting harmonised conditions of use has been issued, marketing authorisations for a particular product shall be eligible to be considered to be mutual recognition marketing authorisations granted under this Regulation. |
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7. In the event of an unfavourable opinion, the procedure referred to in Article 49 shall apply. |
7. In the event of an unfavourable opinion, the procedure referred to in Article 49 shall apply. |
Amendment 174
Proposal for a regulation
Article 70
Text proposed by the Commission |
Amendment |
Harmonisation of summary of products characteristics following reassessment |
Harmonisation of summary of products characteristics following reassessment |
1. By way of derogation from Article 69, the Committee may recommend to the Commission groups of similar veterinary medicinal products for which a scientific reassessment is necessary before a harmonised summary of the product characteristics is prepared. |
1. By way of derogation from Article 69, and where harmonisation of the conditions of use of a group of products is in the interests of public or animal health at Union level, the Committee may recommend to the Commission groups of similar veterinary medicinal products for which a scientific reassessment is necessary before harmonised conditions of use are prepared. |
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1a. For the purpose of harmonisation under this Article similar veterinary medicinal products shall refer to products, not all of which are bioequivalent, and other than homeopathic veterinary medicinal products, that have the same active substance or active substances and the same pharmaceutical form or a range of veterinary medicinal products belonging to the same therapeutic class. |
2. The Commission shall, by means of implementing acts, adopt decisions on groups of product for which a reassessment is necessary. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 145(2). |
2. The Commission shall, by means of implementing acts, adopt decisions on groups of similar products for which a reassessment is necessary. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 145(2). |
3. By way of derogation from Article 69, veterinary medicinal products authorised before 20 July 2000 as well as veterinary medicinal products authorised after that date but which were identified as potentially harmful to the environment in the course of the environmental risk assessment shall be reassessed before a harmonised summary of the product characteristics is prepared. |
3. By way of derogation from Article 69, veterinary medicinal products which have not been subject to an environmental risk assessment in the Union shall be assessed in accordance with Annex II before harmonised conditions of use are prepared. For that purpose, marketing authorisation holders shall update accordingly the documentation mentioned in point (b) of Article 7(1). |
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3a. By way of derogation from Article 69, antimicrobial veterinary medicinal products shall be reassessed within five years of the entry into force of this Regulation. |
4. For the purposes of paragraphs 1 and 3, the procedure for a Union interest referral in accordance with Articles 84 to 87 shall apply accordingly. |
4. For the purposes of paragraphs 1, 3 and 3a the procedure for a Union interest referral in accordance with Articles 84 to 87 shall apply accordingly. |
Amendment 175
Proposal for a regulation
Article 71
Text proposed by the Commission |
Amendment |
Position of marketing authorisation holder |
Position of marketing authorisation holder |
Upon request from the coordination group or the Agency, holders of the marketing authorisations for products included in a group of similar products identified for a harmonisation of the summaries of the product characteristics shall submit information concerning their products. |
Upon request from the coordination group or the Agency, holders of the marketing authorisations for products included in a group of products identified for a harmonisation of the summaries of the product characteristics or the holders of a particular product identified for harmonisation of marketing authorisations shall submit information concerning their products |
Amendment 176
Proposal for a regulation
Article 72 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Marketing authorisation holders shall elaborate and maintain a system for collecting information on the risks of veterinary medicinal products as regards animal health, public health and the environment enabling them to fulfil their pharmacovigilance responsibilities listed in Articles 73, 76 and 77 (‘pharmacovigilance system’). |
1. Marketing authorisation holders shall ensure that risk-benefit balance of authorised veterinary medicinal products is evaluated on a continuous basis and that appropriate measure are taken by the marketing authorisation holders in order to ensure that this balance remains positive for the authorised veterinary medicinal products. To this end, the marketing authorisation holders shall elaborate and maintain a system for collecting , investigating, assessment and communicating of information on the adverse events of veterinary medicinal products as regards animal health, public health and the environment . The system shall serve to coordinate the necessary measures to fulfil the pharmacovigilance responsibilities listed in Articles 73, 76 and 77 (‘pharmacovigilance system’). |
Amendment 177
Proposal for a regulation
Article 72 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Competent authorities and the Agency shall supervise the pharmacovigilance systems of marketing authorisation holders. |
2. Competent authorities and the Agency shall supervise the pharmacovigilance systems of marketing authorisation holders and shall not have any conflict of interest with regard to the marketing authorisation holder. |
Amendment 178
Proposal for a regulation
Article 73 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States, the Commission, the Agency and marketing authorisation holders shall collaborate in setting up and maintaining a system to monitor the safety of authorised veterinary medicinal products , enabling them to fulfil their responsibilities as listed in Articles 77 and 79 (‘Union pharmacovigilance system’) . |
1. Member States, the Commission and the Agency shall collaborate in setting up , interconnecting and further developing their systems to monitor the safety , effectiveness and quality of authorised veterinary medicinal products in order to fulfil their responsibilities as listed in Article 79. Marketing authorisation holders shall set up and maintain a system to monitor the safety, effectiveness and quality of their products, enabling them to fulfil their responsibilities as listed in Articles 77 and 78 . |
Amendment 179
Proposal for a regulation
Article 73 — paragraph 2
Text proposed by the Commission |
Amendment |
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2. Competent authorities, the Agency and marketing authorisation holders shall make available to healthcare professionals and animal holders different means of reporting to them the following events whether or not the event is considered to be product-related (‘adverse events’) : |
2. Competent authorities, the Agency and marketing authorisation holders shall make available to healthcare professionals, animal holders , environmental authorities of the Member States and other interested parties different means of reporting to them the following events (‘adverse events’) whether or not the event is considered to be product-related: |
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Amendment 180
Proposal for a regulation
Article 73 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. Competent authorities and the Agency shall, in addition to the events provided under paragraph 2, make available to healthcare professionals and animal holders different means of reporting to them any response in an animal to a human medicinal product. |
Amendment 181
Proposal for a regulation
Article 73 a (new)
Text proposed by the Commission |
Amendment |
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Article 73a |
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No later than six months before the date of application of this Regulation, the Commission shall present a report to the European Parliament and the Council on a feasibility study of a substance-based review system (‘monographs’) and other potential alternatives for the environmental risk assessment of veterinary medicinal products, to be accompanied, if appropriate, by a legislative proposal. |
Amendment 182
Proposal for a regulation
Article 74 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The Agency shall establish and maintain a Union database on pharmacovigilance of veterinary medicinal products (the ‘pharmacovigilance database’). |
1. The Agency shall establish and maintain a Union database on pharmacovigilance of veterinary medicinal products (the ‘pharmacovigilance database’) , linked to the database on veterinary medicinal products . The Union database on veterinary medicinal products shall be the only data entry point for adverse events reported by the holders of marketing authorisations. Maintaining the database shall include electronic archiving of the original reports, related subsequent reports and continuous quality control of the data. |
Amendment 183
Proposal for a regulation
Article 74 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The Agency shall, in collaboration with the Member States and the Commission, draw up the functional specifications for the pharmacovigilance database. |
2. The Agency shall, in consultation with the Member States, the Commission and interested parties , draw up the functional specifications for the pharmacovigilance database. These shall include environmental monitoring data which would report undesirable effects on non-target species in the ecosystem, and extend sources of inputs to the pharmacovigilance system to include observation and monitoring by specialists who are not necessarily veterinarians. |
Amendment 184
Proposal for a regulation
Article 74 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The Agency shall ensure that information reported to the pharmacovigilance database is uploaded and made accessible in accordance with Article 75. |
3. The Agency shall ensure that information reported to the pharmacovigilance database is uploaded and made publicly accessible in accordance with Article 75. |
Amendment 185
Proposal for a regulation
Article 74 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. The Agency shall ensure that the transfer of information between its pharmacovigilance database and the national pharmacovigilance databases of the individual Member States is safeguarded. |
Amendment 186
Proposal for a regulation
Article 75 — paragraph 3 — point a
Text proposed by the Commission |
Amendment |
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Amendment 187
Proposal for a regulation
Article 75 — paragraph 3 — point b a (new)
Text proposed by the Commission |
Amendment |
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Amendment 188
Proposal for a regulation
Article 75 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Health professionals shall have access to the pharmacovigilance database as regards the following information: |
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Amendment 189
Proposal for a regulation
Article 76 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Competent authorities shall record in the pharmacovigilance database all adverse events which were reported to them by healthcare professionals and animal holders and that occurred in the territory of their Member State, within 30 days following the receipt of the adverse event report. |
1. Competent authorities shall record and assess all adverse events of which they learn under Article 73 and which occur in the territory of their Member State and shall enter them immediately, but no later than 15 days following the receipt of the information, in the pharmacovigilance database . Competent authorities shall record any serious adverse event in animals, noxious response in humans to a veterinary medicinal product or environmental incident observed following administration of a veterinary medicinal product to an animal within 15 days following the receipt of such an adverse event report. |
Amendment 190
Proposal for a regulation
Article 76 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Marketing authorisation holders shall record in the pharmacovigilance database all adverse events which were reported to them by healthcare professionals and animal holders and that occurred within the Union or in a third country with regard to their authorised veterinary medicinal products, within 30 days following the receipt of the adverse event report. |
2. Marketing authorisation holders shall record in the pharmacovigilance database and evaluate all adverse events which were reported to them by healthcare professionals and animal holders and that occurred within the Union or in a third country with regard to their authorised veterinary medicinal products . Serious adverse event in animals, noxious response in humans to a veterinary medicinal product and environmental incidents observed following administration of a veterinary medicinal product to an animal shall be reported within 15 days following the receipt of such adverse event report. Less serious adverse events relating to the use of veterinary medicinal products shall be reported no later than 42 days following receipt of the information. Different requirements shall apply for adverse events observed in clinical trials, as specified in the Good Clinical Practice guidelines for clinical trials . |
Amendment 191
Proposal for a regulation
Article 76 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Competent authorities may, on their own initiative or on request from the Agency, request the marketing authorisation holder to collect specific pharmacovigilance data, in particular regarding the use of a veterinary medicinal product in specified animal species, in the context of public and animal health, safety of the persons administering the product, and the protection of the environment. The authority shall state in detail the reasons for the request and inform other competent authorities and the Agency thereof. |
3. Competent authorities may, on their own initiative or on a request from the Agency, request the marketing authorisation holder to provide specific pharmacovigilance data, such as, information relating to ongoing risk-benefit balance evaluations regarding the use of a veterinary medicinal product in specified animal species, in the context of public and animal health, safety of the persons administering the product, or the protection of the environment. The authority shall state in detail the reasons for the request and inform other competent authorities and the Agency thereof. |
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Marketing authorisation holders shall be required to comply with such a request within an appropriate deadline set by the competent authority . |
Amendment 192
Proposal for a regulation
Article 77 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The marketing authorisation holder shall be responsible for the pharmacovigilance of the products for which he holds a marketing authorisation. |
1. The marketing authorisation holder shall be responsible for the pharmacovigilance of the products for which he holds a marketing authorisation and shall take all appropriate steps to encourage members of the health professions and animal holders to report adverse events . |
Amendment 193
Proposal for a regulation
Article 77 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Where the pharmacovigilance tasks have been contracted out by the marketing authorisation holder to a third party, those arrangements shall be set out in details in the pharmacovigilance system master file. |
2. Where the pharmacovigilance tasks have been contracted out by the marketing authorisation holder to a third party (contractor) , the responsibilities of both parties shall be set out explicitly in a contract and in the pharmacovigilance system master file. |
Amendment 194
Proposal for a regulation
Article 77 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. The marketing authorisation holder shall be required to check regularly that the contractor is carrying out the work in accordance with the requirements of the contract. |
Amendment 195
Proposal for a regulation
Article 77 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The marketing authorisation holder shall permanently have at his disposal one or more appropriately qualified persons responsible for pharmacovigilance. Those persons shall reside and operate in the Union . Only one qualified person shall be designated by the marketing authorisation holder per pharmacovigilance system master file . |
3. The marketing authorisation holder shall permanently have at his disposal an appropriately qualified person responsible for pharmacovigilance. That person shall reside and operate in the Union . The qualified person responsible for pharmacovigilance may delegate specific areas of work to appropriately trained staff but shall remain responsible for the marketing authorisation holder’s pharmacovigilance system and for the safety profile of his veterinary medicinal products. |
Amendment 196
Proposal for a regulation
Article 77 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Where the tasks of the qualified person responsible for pharmacovigilance listed in Article 78 have been contracted out to a third party, those arrangements shall be detailed in the contract. |
4. Where the tasks of the qualified person responsible for pharmacovigilance listed in Article 78 have been contracted out to a third party, the relevant arrangements shall be set out explicitly in a contract. |
Amendment 197
Proposal for a regulation
Article 77 — paragraph 6
Text proposed by the Commission |
Amendment |
6. The marketing authorisation holder shall not communicate information regarding adverse events to the general public in relation to the veterinary medicinal product without giving prior notification of his intention to the competent authority or authorities having granted the marketing authorisation or to the Agency where the marketing authorisation was granted in accordance with the centralised authorisation procedure. |
6. The marketing authorisation holder shall not communicate information regarding adverse events and potential pharmacovigilance concerns to the general public in relation to the veterinary medicinal product without sending in advance a copy of that communication to the competent authority or authorities having granted the marketing authorisation or to the Agency where the marketing authorisation was granted in accordance with the centralised authorisation procedure. |
Amendment 198
Proposal for a regulation
Article 77 a (new)
Text proposed by the Commission |
Amendment |
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Article 77a |
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Single master file |
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The organisation of the pharmacovigilance operations conducted by marketing authorisation holders shall be described in a single master file, which shall be subject to authorisation by the Member States. The single evaluation procedures for these authorisations shall be defined by the Member States and the resulting decisions shall be recognised throughout the Union. |
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The competent authority shall issue a decision on this authorisation within 90 days of the receipt of a complete application. |
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The single master file shall be addressed to the competent authority of the Member State in which the qualified person designated by the authorisation holder conducts the operations described in this file. The competent authority concerned shall notify its decision to the authorisation holder and shall record it in the Union database on veterinary medicinal products together with a copy of the relevant single master file. |
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The authorisation holder shall also submit to the competent authority any substantive changes to his single master file. |
Amendment 199
Proposal for a regulation
Article 78
Text proposed by the Commission |
Amendment |
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Qualified person responsible for pharmacovigilance |
Qualified person responsible for pharmacovigilance |
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Qualified persons responsible for pharmacovigilance as referred to in Article 77(3) shall carry out the following tasks: |
Qualified persons responsible for pharmacovigilance as referred to in Article 77(3) shall ensure that the following tasks are carried out: |
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Amendment 200
Proposal for a regulation
Article 79 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Competent authorities shall evaluate all adverse events reported to them by healthcare professionals and animal holders, manage risks and take the measures referred to in Articles 130 to 135 concerning marketing authorisations where necessary. |
1. Competent authorities shall evaluate all adverse events reported to them by marketing authorisation holders, healthcare professionals and animal holders, manage risks and take the measures referred to in Articles 130 to 135 concerning marketing authorisations where necessary. |
Amendment 201
Proposal for a regulation
Article 79 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Competent authorities and the Agency shall provide the general public , veterinarians and other healthcare professionals with all important information on adverse events relating to the use of a veterinary medicinal product in a timely manner electronically or through other publicly available means of communication. |
4. Competent authorities and the Agency shall make public all important information on adverse events relating to the use of a veterinary medicinal product in a timely manner electronically or through other publicly available means of communication. Competent authorities and the Agency shall ensure that veterinarians receive feedback on adverse events reported and regular feedback on all adverse reactions reported . |
Amendment 203
Proposal for a regulation
Article 80 — paragraph 1
Text proposed by the Commission |
Amendment |
1. A competent authority may delegate any of the tasks entrusted to it as referred to in Article 79 to a competent authority in another Member State subject to the written agreement of the latter. |
1. A competent authority may delegate any of the tasks entrusted to it as referred to in Article 79 to a competent public authority in another Member State subject to the written agreement of the latter. |
Amendment 204
Proposal for a regulation
Article 81
Text proposed by the Commission |
Amendment |
Signal management process |
Signal management process |
1. Competent authorities and the Agency shall cooperate in monitoring the data in the pharmacovigilance database to determine whether there is any change to the benefit-risk balance of veterinary medicinal products with a view to detecting risks to animal health, public health and protection of the environment (‘signal management process’). |
1. Marketing authorisation holders , competent authorities, other concerned authorities and the Agency shall cooperate in monitoring the data in the pharmacovigilance database to determine whether there is any change to the benefit-risk balance of veterinary medicinal products with a view to detecting risks to animal health, public health and protection of the environment (‘signal management process’). |
2. Competent authorities and the Agency shall establish groups of veterinary medicinal products for which signal management process can be combined with a view of detecting risks to animal health, public health and protection of the environment. |
2. Competent authorities and the Agency shall establish groups of veterinary medicinal products for which signal management process can be combined with a view of detecting risks to animal health, public health and protection of the environment. |
3. The Agency and the coordination group shall agree on sharing of the monitoring of data on groups of veterinary medicinal products recorded in the pharmacovigilance database. For each group of veterinary medicinal products a competent authority or the Agency shall be appointed as responsible for the monitoring thereof (‘lead authority’). |
3. The Agency and the veterinary pharmacovigilance group shall agree on sharing of the monitoring of data on groups of veterinary medicinal products recorded in the pharmacovigilance database. For each group of veterinary medicinal products a competent authority or the Agency shall be appointed as responsible for the monitoring thereof (‘lead authority’). |
4. The results of the signal management process shall be agreed upon by the competent authorities and, where appropriate, the Agency. The lead authority shall record the results in the pharmacovigilance database. |
4. Given that marketing authorisation holders are the primary source of expertise and information concerning the products under their responsibility, the lead authority may where necessary consult them during the signal management process. The results of the signal management process shall be agreed upon by the competent authorities and, where appropriate, the Agency. The lead authority shall record the results in the pharmacovigilance database. |
5. Where necessary, based on the results of the signal management process referred to in paragraph 4 the competent authorities or the Commission shall take appropriate measures as referred to in Articles 130 to 135. |
5. Where necessary, based on the results of the signal management process referred to in paragraph 4 the competent authorities or the Commission shall take appropriate measures as referred to in Articles 130 to 135. |
Amendment 205
Proposal for a regulation
Article 82 — paragraph 1
Text proposed by the Commission |
Amendment |
Before the expiry of the period of validity of 3 years, marketing authorisations for a limited market granted in accordance with Article 21 shall be re-examined on application from the marketing authorisation holder. After the initial re-examination, it shall be re-examined every 5 years. |
Before the expiry of the period of validity of five years, marketing authorisations for a limited market granted in accordance with Article 21 shall be re-examined on application from the marketing authorisation holder. After the initial re-examination, it shall be re-examined , if necessary, every five years. |
Amendment 206
Proposal for a regulation
Article 83
Text proposed by the Commission |
Amendment |
Article 83 |
deleted |
Procedure for re-examination of a marketing authorisation in exceptional circumstances |
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1. Before the expiry of the period of validity of 1 year, marketing authorisations granted in accordance with Article 22 shall be re-examined on application from the marketing authorisation holder. |
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2. The application for re-examination shall be submitted to the competent authority that granted the authorisation or the Agency at least 3 months before the expiry of the marketing authorisation. |
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3. When an application for re-examination has been submitted, the marketing authorisation shall remain valid until a decision on the application has been adopted by the competent authority or the Commission. |
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4. The competent authority or the Commission may at any time grant a marketing authorisation valid for an unlimited period of time, provided that the marketing authorisation holder submits the missing comprehensive safety and efficacy data referred to in Article 22(1). |
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Amendment 207
Proposal for a regulation
Article 88 — paragraph 1
Text proposed by the Commission |
Amendment |
1. By way of derogation from Article 5, homeopathic veterinary medicinal products that satisfy the requirements set out in Article 89 and are not immunological homeopathic veterinary medicinal products shall be registered in accordance with Article 90. |
1. By way of derogation from Article 5, homeopathic veterinary medicinal products that satisfy the requirements set out in Article 89 and are not immunological homeopathic veterinary medicinal products shall be registered in accordance with Article 90. Veterinary medicinal products registered or approved in accordance with national rules before 31 December 1993 shall not be affected by this Article. |
Amendment 208
Proposal for a regulation
Article 88 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. The veterinary homeopathic medicinal products not subject to Article 89(1) shall be authorised in accordance with the general regulations. Where the safety tests, preclinical and clinical trials of veterinary homeopathic medicinal products are not subject to Article 89(1), a Member State may introduce or retain on its territory specific rules in accordance with the principles and characteristics as practised in that Member State. |
Amendment 209
Proposal for a regulation
Article 89 — paragraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 210
Proposal for a regulation
Article 90 — paragraph 1 — point a
Text proposed by the Commission |
Amendment |
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Amendment 211
Proposal for a regulation
Article 91 — paragraph 1 — point b a (new)
Text proposed by the Commission |
Amendment |
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Amendment 212
Proposal for a regulation
Article 91 — paragraph 2 — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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A manufacturing authorisation shall also not be required for preparation, filling or changes in packaging or presentation where these processes are carried out solely for dispensing by pharmacists in a pharmacy or by veterinarians in a veterinary practice. |
Amendment 302
Proposal for a regulation
Article 92 — paragraph 2 — point c
Text proposed by the Commission |
Amendment |
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Amendment 213
Proposal for a regulation
Article 93 — paragraph 5
Text proposed by the Commission |
Amendment |
5. A manufacturing authorisation may be granted conditionally, subject to a requirement for the applicant to undertake actions or introduce specific procedures within a given time period. The manufacturing authorisation may be suspended if these requirements are not complied with. |
5. A manufacturing authorisation may be granted conditionally where minor shortcomings are identified , subject to a requirement for the applicant to rectify the shortcomings within a given time period. The manufacturing authorisation may be suspended if these requirements are not complied with. The manufacturing authorisation shall be refused if manufacturing causes unacceptable risks to the environment. |
Amendment 214
Proposal for a regulation
Article 98 — paragraph 1 — point c a (new)
Text proposed by the Commission |
Amendment |
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Amendment 215
Proposal for a regulation
Article 104 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Supplies of small quantities of veterinary medicinal products from one retailer to another shall not be regarded as wholesale distribution. |
3. The purchase, sale, import or export of veterinary medicinal products or any other kind of commercial transaction concerning these medicinal products, whether for profit or not for profit, shall be subject to the possession of a wholesale distribution authorisation for veterinary medicinal products. Such an authorisation shall not apply to the supply, by a manufacturer, of veterinary medicinal products which it has itself manufactured, nor to the retail sale of veterinary medicinal products by persons entitled to conduct such sales in accordance with Article 107. |
Amendment 216
Proposal for a regulation
Article 104 — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. On the basis of the best practices model that already exists for medicinal products for human use, the Commission shall adopt, within 24 months of the entry into force of this Regulation, principles and guidelines, to which wholesalers shall be obliged to adhere, for best practices in the wholesale distribution of veterinary medicinal products. |
Amendment 217
Proposal for a regulation
Article 104 — paragraph 4 b (new)
Text proposed by the Commission |
Amendment |
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4b . Wholesalers shall obtain their supplies of medicinal products only from the manufacturer, a person designated by the holder of the marketing authorisation or from persons who themselves hold a wholesale distribution authorisation. |
Amendment 218
Proposal for a regulation
Article 104 — paragraph 5 a (new)
Text proposed by the Commission |
Amendment |
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5a. Wholesalers shall comply with the obligations laid down in points (ca) and (cc) of Article 105(3) with regard to supply of medicinal products. |
Amendment 219
Proposal for a regulation
Article 105 — paragraph 3 — point a
Text proposed by the Commission |
Amendment |
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Amendment 220
Proposal for a regulation
Article 105 — paragraph 3 — point c a (new)
Text proposed by the Commission |
Amendment |
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Amendment 221
Proposal for a regulation
Article 105 — paragraph 3 — point c b (new)
Text proposed by the Commission |
Amendment |
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Amendment 222
Proposal for a regulation
Article 105 — paragraph 3 — point c c (new)
Text proposed by the Commission |
Amendment |
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Amendment 223
Proposal for a regulation
Article 106 a (new)
Text proposed by the Commission |
Amendment |
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Article 106a |
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Qualified persons |
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1. The holder of a wholesale distribution authorisation shall make permanent and continuous use of the services of at least one qualified person satisfying the conditions set out in this Article, who shall be responsible, in particular, for performing the task specified in Article 104. |
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2. Qualified persons shall hold a diploma, certificate, or any other form of proof serving to demonstrate that they are properly qualified and have acquired sufficient experience of wholesale distribution. The holder of the authorisation may assume the responsibility referred to in paragraph 1, if that person personally fulfils those conditions as specified above. |
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3. The competent authority shall ensure that the obligations of qualified persons referred to in this Article are fulfilled, either by means of appropriate administrative measures or by making such persons subject to a professional code of conduct. The competent authority may temporarily suspend such persons upon the commencement of administrative or disciplinary proceedings against them for failure to fulfil their obligations. |
Amendment 224
Proposal for a regulation
Article 107 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Persons qualified to prescribe veterinary medicinal products in accordance with applicable national law shall retail antimicrobial products only for animals which are under their care, and only in the amount required for the treatment concerned. |
2. Persons qualified to prescribe veterinary medicinal products in accordance with applicable national law shall retail antimicrobial products only for animals which are under their immediate care, subject to an appropriate veterinary diagnosis and examination of the animal(s) concerned, and only in the amount required for the treatment concerned . In the case of food-producing animals, the continuation of the treatment with antimicrobial products shall be decided based on a renewed clinical examination by a veterinarian. |
Amendment 225
Proposal for a regulation
Article 107 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. Member States may impose stricter conditions, justified on grounds of public health, animal health and environment protection, for the retail of veterinary medicinal products on their territory, provided that these conditions are proportionate to the risk and do not unduly restrict the functioning of the internal market. |
Amendment 226
Proposal for a regulation
Article 107 — paragraph 2 b (new)
Text proposed by the Commission |
Amendment |
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2b. Any commercial participation in companies which trade in, manufacture or import veterinary medicinal products shall be prohibited. |
Amendment 227
Proposal for a regulation
Article 107 — paragraph 2 c (new)
Text proposed by the Commission |
Amendment |
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2c. Given the risks associated with antimicrobial resistance, no economic incentives may be provided in any form, directly or indirectly, by pharmaceutical companies to persons who prescribe veterinary medicinal products. |
Amendment 228
Proposal for a regulation
Article 107 — paragraph 3 — introductory part
Text proposed by the Commission |
Amendment |
3. Retailers of veterinary medicinal products shall keep detailed records of the following information in respect of each purchase and sale of veterinary medicinal products: |
3. Retailers of veterinary medicinal products shall keep detailed records of the following information in respect of each purchase and sale of veterinary medicinal products obtainable only on prescription : |
Amendment 229
Proposal for a regulation
Article 107 — paragraph 3 — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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Where they consider it necessary, Member States may require that the obligation to keep the above records likewise apply to the purchase and sale of non-prescription veterinary medicinal products. |
Amendment 230
Proposal for a regulation
Article 108
Text proposed by the Commission |
Amendment |
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Retail of veterinary medicinal products at a distance |
Retail of veterinary medicinal products at a distance |
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1. Persons permitted to supply veterinary medicinal products in accordance with Article 107(1) may offer veterinary medicinal products by means of information society services in the meaning of Directive 98/34/EC of the European Parliament and of the Council (28) to natural or legal persons established in the Union under the condition that those medicinal products comply with the legislation of the destination Member State. |
1. Persons permitted to supply veterinary medicinal products in accordance with Article 107(1) may offer veterinary medicinal products, with the exception of antimicrobials, psychotropic and biological or immunological veterinary medicinal products, on the internet to natural or legal persons established in the Union under the condition that: |
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1a. On grounds of public or animal health, animal welfare or environmental protection, Members States shall be able to limit or condition, or both, the sale at a distance on the internet to the public on their territory of veterinary medicinal products or of other prescription veterinary medicinal products for food producing animals. |
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2. In addition to the information requirements set out in Article 6 of the Directive 2000/31/EC of the European Parliament and of the Council (29), websites offering veterinary medicinal products shall contain at least: |
2. In addition to the information requirements set out in Article 6 of the Directive 2000/31/EC of the European Parliament and of the Council (29) and Article 6 of Directive 2011/83/EU of the European Parliament and of the Council (29a), websites offering veterinary medicinal products shall contain at least: |
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3. A common logo shall be established that is recognisable throughout the Union, while enabling the identification of the Member State where the person offering veterinary medicinal products for sale at a distance to the public is established. The logo shall be clearly displayed on websites offering veterinary medicinal products for sale at a distance. |
3. A common logo shall be established that is recognisable throughout the Union, while enabling the identification of the Member State where the person offering veterinary medicinal products for sale at a distance to the public is established. The logo shall be clearly displayed on websites offering veterinary medicinal products for sale at a distance. |
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4. The Commission shall adopt the design of the common logo by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 145(2). |
4. The Commission shall adopt the design of the common logo by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 145(2). |
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5. Each Member State shall set up a website regarding sale of veterinary medicinal products at a distance, providing at least the following information: |
5. Each Member State shall set up a website regarding sale of veterinary medicinal products at a distance, providing at least the following information: |
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The websites set up by Member States shall contain a hyperlink to the website of the Agency set up in accordance with paragraph 6. |
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6. The Agency shall set up a website providing information on the common logo. The Agency’s website shall explicitly mention that the websites of Member States contain information on persons authorised to offer veterinary medicinal products for sale at a distance to the public by means of information society services in the Member State concerned. |
6. The Agency shall set up a website providing information on the common logo. The Agency’s website shall explicitly mention that the websites of Member States contain information on persons authorised to offer veterinary medicinal products for sale at a distance to the public on the internet in the Member State concerned. The Agency’s website shall be linked to the web pages of the appropriate Member State bodies which list authorised retailers in Member States. |
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7. Members States may impose conditions, justified on grounds of public health protection, for the retail on their territory of medicinal products offered for sale at a distance to the public by means of information society services. |
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7a. Member States shall take the measures necessary to ensure that persons other than those referred to in paragraph 1 offering veterinary medicinal products for sale at a distance to the public on the internet and operating on their territory are subject to effective, proportionate, and dissuasive penalties in case of abuse or illegal practice, or the failure to act according to their professional code of conduct. |
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7b. No later than (six) months after the date of application of this Regulation, the Commission shall adopt guidelines supporting the Member States in the development of a harmonized system of digital prescription across the Union, including measures for controlling cross-border veterinary prescriptions. |
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7c. On the basis of the guidelines referred to in paragraph 7b, Member States shall be encouraged to develop a system of digital prescription at national level, to include measures for the delivery and control of prescriptions. Member States shall also be encouraged to set up a system to facilitate the e-submission of prescriptions by means of a national database, directly linked to all pharmacies (both shop and internet ones), national competent authorities and veterinarians. |
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Amendment 231
Proposal for a regulation
Article 109 — title
Text proposed by the Commission |
Amendment |
Retail of anabolic, anti-infectious, anti-parasitic, anti-inflammatory, hormonal or psychotropic veterinary medicinal products |
Retail only of medicinal products which are subject to prescription, or active substances, with anabolic, anti-infectious, anti-parasitic, anti-inflammatory, hormonal, immunological or psychotropic properties |
Amendment 232
Proposal for a regulation
Article 109 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Only manufacturers, wholesale distributors and retailers authorised specifically to do so in accordance with applicable national law shall be allowed to supply and purchase veterinary medicinal products which have anabolic, anti-infectious, anti-parasitic, anti-inflammatory, hormonal or psychotropic properties or substances which may be used as veterinary medicinal products having those properties. |
1. Only manufacturers, wholesale distributors and retailers authorised to do so in accordance with applicable national law shall be allowed to supply and purchase prescription only veterinary medicinal products which have anabolic, anti-infectious, anti-parasitic, anti-inflammatory, hormonal , immunological or psychotropic properties or substances which may be used as veterinary medicinal products having those properties. In the case of non-food producing animals (i.e. companion and small animals) all retailers, ranging from supermarkets, pet stores, to traditional and online (veterinary) pharmacies, shall be allowed to sell anti-parasitic and anti-inflammatory products, without the need to be specifically authorised to do so. |
Amendment 233
Proposal for a regulation
Article 109 — paragraph 3 — subparagraph 1 — introductory part
Text proposed by the Commission |
Amendment |
3. Those manufacturers and suppliers shall keep detailed records of the following information in respect of each purchase and sale transaction: |
3. Those manufacturers and suppliers shall keep detailed records of the following information in respect of each purchase and sale transaction of prescription for veterinary medicinal products : |
Amendment 234
Proposal for a regulation
Article 109 — paragraph 3 — subparagraph 1 — point d
Text proposed by the Commission |
Amendment |
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Amendment 235
Proposal for a regulation
Article 110
Text proposed by the Commission |
Amendment |
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Veterinary prescriptions |
Veterinary prescriptions |
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1. A veterinary prescription shall contain at least the following elements (‘minimum requirements’): |
1. A veterinary prescription shall contain at least the following elements (‘minimum requirements’): |
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2. A veterinary prescription shall only be issued by a person qualified to do so in accordance with applicable national law. |
2. A veterinary prescription shall only be issued by a veterinarian or other person qualified to do so in accordance with applicable national law , following a proper assessment of the health status of the animal concerned . |
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2a. A veterinary prescription of a veterinary medicinal product which has anabolic, anti-inflammatory, anti-infectious (other than anthelmintic), anti-cancer, hormonal or psychotropic properties or substances shall only be issued by a veterinarian after a clinical examination and diagnosis. |
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3. Where a veterinary medicinal product is supplied on prescription, the quantity prescribed and supplied shall be restricted to the amount required for the treatment or therapy concerned. |
3. Where a veterinary medicinal product is supplied on prescription, the quantity prescribed and supplied shall be restricted to the amount required for the treatment or therapy concerned. The maximum quantity of veterinary medicinal products supplied at one time shall not, however, exceed one month's treatment. For chronic diseases and for periodic treatments the maximum quantity shall not exceed three month's treatment. |
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4. Veterinary prescriptions shall be recognised throughout the Union. A veterinary medicinal product prescribed shall be supplied in accordance with applicable national law. |
4. Veterinary prescriptions issued by a veterinarian shall be recognised throughout the Union. A veterinary medicinal product prescribed shall be supplied in accordance with applicable national law. |
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Those provisions shall not apply to prescriptions issued under the exceptional circumstances set out in Articles 115 and 116. Those Member States that recognise prescriptions in their national systems issued by any person other than a veterinarian shall immediately notify the Commission, which shall forward such information to all Member States. |
Amendment 236
Proposal for a regulation
Article 110 — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. The removal of regulatory and administrative barriers to such recognition shall not affect any professional or ethical duty for dispensing professionals to refuse to dispense the medicine stated in the prescription. |
Amendment 237
Proposal for a regulation
Article 111 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Veterinary medicinal products shall be used in accordance with the terms of the marketing authorisation. |
1. Veterinary medicinal products shall be used responsibly in accordance with the principle of good animal husbandry and with the terms of the marketing authorisation or registration when no marketing authorisation is required. |
Amendment 238
Proposal for a regulation
Article 111 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. Antimicrobial veterinary medicines shall not under any circumstances serve to improve performance or compensate for poor animal husbandry. Routine prophylactic use of antimicrobials is therefore prohibited. Prophylactic use of antimicrobial veterinary medicines shall only be permitted on single animals and when fully justified by a veterinarian in exceptional indications, of which a list shall be drafted by the Agency. |
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Metaphylactic use of antimicrobial veterinary medicines shall be restricted to use in clinicall-ill animals and to those single animals that are identified as being at a high risk of contamination, to prevent further spread of the disease in the group. Where such products are to be used for non-routine metaphylaxis, owners and keepers of food-producing animals shall ensure that they have a health plan specifying appropriate non-medical measures to reduce the need to resort to metaphylactic use in the future. Moreover, they shall be required to comply with the following measures: |
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(Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes (OJ L 221, 8.8.1998, p. 23) Council Directive 91/630/EEC of 19 November 1991 laying down minimum standards for the protection of pigs (OJ L 340, 11.12.1991, p. 33), Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards for the protection of calves (OJ L 340, 11.12.1991, p. 28)) |
Amendment 239
Proposal for a regulation
Article 111 a (new)
Text proposed by the Commission |
Amendment |
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Article 111a |
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Supply and use of antimicrobials |
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1. Member States may restrict or prohibit the supply or use, or both, of certain antimicrobials in animals on their territory if either of the following conditions is fulfilled: |
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2. Before adopting measures referred to in paragraph 1, the Member State shall ensure that relevant stakeholders have been consulted. |
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3. Measures adopted by Member States on the basis of paragraph 1 shall be proportionate and no more restrictive of trade than is required to achieve the high level of protection of animal and public health. |
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4. A Member State adopting a measure on the basis of paragraph 1 shall inform the Commission thereof. |
Amendment 240
Proposal for a regulation
Article 112 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Owners or, where the animals are not kept by the owners, keepers of food-producing animals shall keep records of the veterinary medicinal products they use and, if applicable, a copy of the veterinary prescription. |
1. Owners or, where the animals are not kept by the owners, keepers of food-producing animals shall keep records of the veterinarian-prescribed veterinary medicinal products and veterinary medicinal products with a withdrawal period higher than nil they use and, if applicable, a copy of the veterinary prescription. |
Amendment 241
Proposal for a regulation
Article 112 — paragraph 2 — point a
Text proposed by the Commission |
Amendment |
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Amendment 242
Proposal for a regulation
Article 112 — paragraph 2 — point d
Text proposed by the Commission |
Amendment |
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Amendment 243
Proposal for a regulation
Article 112 — paragraph 2 — point e
Text proposed by the Commission |
Amendment |
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Amendment 244
Proposal for a regulation
Article 112 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. Particulars already contained in the prescription or in a delivery note shall not need to be recorded again if a clear reference can be made to the corresponding prescription and delivery note. |
Amendment 245
Proposal for a regulation
Article 112 a (new)
Text proposed by the Commission |
Amendment |
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Article 112a |
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Examination of therapy frequency |
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1. The national competent authority shall identify on the basis of the numbers determined under Article 112, for each half year, the average number of treatments with antibacterial effective substances and the treatment frequency following a standard European key, based on the particular business and the particular type of animals kept, taking into account the type of use. |
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2. The competent national authority shall inform the farmer in accordance with paragraph 1 about the biannual therapy frequency for the particular species of animals held by him in consideration of their type of use. |
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3. The information collected under paragraph 1 by the national competent authority are evaluated by the Commission and compared throughout the Union. |
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4. Member States may request data beyond. |
Amendment 246
Proposal for a regulation
Article 112 b (new)
Text proposed by the Commission |
Amendment |
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Article 112b |
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Reduction of therapy approaches based on antibacterial substances |
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1. In order to facilitate the effective reduction regarding the use of pharmaceuticals which contain antibacterial substances, anyone who engages in animal husbandry shall: |
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2. In a case where the operational, biannual therapy prevalence of the animal husbandman with respect to his business lies above the biannual average, the animal husbandman under consultation of a veterinarian has to assess the reasons that may have led to exceeding the average, and how the treatment of his cattle with pharmaceuticals containing antibacterial substances may be decreased. |
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If the assessment of the animal husbandman comes to the result that a therapy by means of the concerned pharmaceuticals may be reduced, the husbandman shall take all necessary steps in order to accomplish the reduction. The husbandman shall consider the wellbeing of his cattle and guarantee the required medical care. |
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3. Member States may determine measures extending beyond the above mentioned requirements. |
Amendment 247
Proposal for a regulation
Article 115 — paragraph 1
Text proposed by the Commission |
Amendment |
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1. By way of derogation from Article 111, where there is no authorised veterinary medicinal product in a Member State for a condition affecting a non-food producing animal, the veterinarian responsible may, under his/her direct personal responsibility and in particular to avoid causing unacceptable suffering , exceptionally treat the animal concerned with the following: |
1. By way of derogation from Article 111, where there is no authorised veterinary medicinal product in a Member State for a condition affecting a non-food producing animal, the veterinarian responsible may, under his/her direct personal responsibility and in the interest of animal health and welfare , exceptionally treat the animal concerned with the following, in descending order of preference : |
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Amendment 303
Proposal for a regulation
Article 115 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. By way of derogation from paragraph 1, homeopathic medicinal products may be administered to non-food producing animals. |
Amendment 249
Proposal for a regulation
Article 116 — paragraph 1
Text proposed by the Commission |
Amendment |
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1. By way of derogation from Article 111, where there is no authorised veterinary medicinal product in a Member State for a condition affecting a food-producing animal of a non-aquatic species, the veterinarian responsible may, under his direct personal responsibility and in particular to avoid causing unacceptable suffering , exceptionally treat the animal concerned with any of the following: |
1. By way of derogation from Article 111, where there is no authorised veterinary medicinal product in a Member State for a condition affecting a food-producing animal of a non-aquatic species, the veterinarian responsible may, under his direct personal responsibility and in the interest of animal health and welfare , exceptionally treat the animal concerned with the following , in descending order of preference : |
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Amendment 251
Proposal for a regulation
Article 116 — paragraph 2 — point b a (new)
Text proposed by the Commission |
Amendment |
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Amendment 252
Proposal for a regulation
Article 116 — paragraph 3
Text proposed by the Commission |
Amendment |
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3. By way of derogation from paragraph 2, and until an implementing act referred to in paragraph 4 is established, if there is no product as referred to in subparagraphs (a) and (b) of paragraph 2, a veterinarian may, under his direct personal responsibility and in particular to avoid causing unacceptable suffering, exceptionally treat food-producing animals of an aquatic species on a particular holding with: |
3. By way of derogation from paragraph 2, and until an implementing act referred to in paragraph 4 is established, if there is no product as referred to in subparagraphs (a) and (b) of paragraph 2, a veterinarian may, under his direct personal responsibility and in particular to avoid causing unacceptable suffering, exceptionally treat food-producing animals of an aquatic species on a particular holding with: |
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Amendment 304
Proposal for a regulation
Article 116 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. By way of derogation from paragraphs 1 to 3, homeopathic medicinal products may be administered to treat food-producing animals under the responsibility of the veterinarian provided that they contain only active ingredients listed in Table 1 of the Annex to Regulation (EU) No 37/2010 as substances for which no maximum limit needs to be set. |
Amendment 255
Proposal for a regulation
Article 116 — paragraph 6
Text proposed by the Commission |
Amendment |
6. Pharmacologically active substances included in the medicinal product used in accordance with paragraph 1 shall be listed in Table 1 of the Annex to Regulation (EU) No 37/2010. The veterinarian shall specify an appropriate withdrawal period in accordance with Article 117. |
6. Pharmacologically active substances included in the medicinal product used in accordance with paragraph 1 and paragraph 3(b) shall be listed in Table 1 of the Annex to Regulation (EU) No 37/2010. The veterinarian shall specify an appropriate withdrawal period in accordance with Article 117. |
Amendment 256
Proposal for a regulation
Article 117 — paragraph 4
Text proposed by the Commission |
Amendment |
4. With regard to homeopathic veterinary medicinal products the withdrawal period shall be established at zero days . |
4. The withdrawal period shall be established at zero days for homeopathic veterinary medicinal products containing solely active substances listed in Table 1 of Regulation (EU) No 37/2010 with the classification ‘No maximum residue level (MRL) required’. |
Amendment 257
Proposal for a regulation
Article 117 — paragraph 5 — subparagraph 2 a (new)
Text proposed by the Commission |
Amendment |
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Data on the use of antibiotics outside the terms of authorisation shall be collected and mandatorily reported to national authorities in accordance with Article 54. |
Amendment 258
Proposal for a regulation
Article 118 — title
Text proposed by the Commission |
Amendment |
Use of antimicrobial veterinary medicinal products for species or indications outside the terms of the marketing authorisation |
Use of antimicrobial substances for species or indications outside the terms of the marketing authorisation |
Amendment 259
Proposal for a regulation
Article 118 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Antimicrobial medicinal products shall only be used in accordance with Articles 115 and 116 to treat conditions for which there is no other treatment available, and the use of which would not present a risk to public or animal health. |
1. Antimicrobial medicinal products shall only be used in accordance with Articles 115 and 116 to treat conditions for which there is no other treatment available, and the use of which would not present a risk to public or animal health. Articles 115 and 116 do not apply to critically important antimicrobials as referred to in Article 32(2). |
Amendment 260
Proposal for a regulation
Article 118 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
2. The Commission may , by means of implementing acts in accordance with the examination procedure referred to in Article 145(2), and taking into consideration scientific advice of the Agency, establish a list of antimicrobial medicinal products that cannot be used in accordance with paragraph 1, or which can only be used for treatment in accordance with paragraph 1 subject to certain conditions. |
2. The Commission shall , by means of implementing acts in accordance with the examination procedure referred to in Article 145(2), and taking into consideration scientific advice of the Agency, establish a list of antimicrobial substances or groups of substances that cannot be used in accordance with paragraph 1, or which can only be used for treatment in accordance with paragraph 1 subject to certain conditions. |
Amendment 261
Proposal for a regulation
Article 118 — paragraph 2 — subparagraph 1 a (new)
Text proposed by the Commission |
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The principles to be used to establish the list of antimicrobials to be restricted in veterinary medicine shall not interfere with or deter Member States from prohibiting the use of certain antimicrobials in some species if they deem it appropriate. |
Amendment 262
Proposal for a regulation
Article 118 — paragraph 2 — subparagraph 2 — point a
Text proposed by the Commission |
Amendment |
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Amendment 263
Proposal for a regulation
Article 118 — paragraph 2 — subparagraph 2 — point c a (new)
Text proposed by the Commission |
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Amendment 264
Proposal for a regulation
Article 118 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. Third countries with laws that authorise the use of antimicrobial medicinal products on the list referred to in paragraph 2 under different conditions from those laid down in that paragraph may not appear on any of the lists of third countries provided for under Union law from which Member States are authorised to import farm or aquaculture animals or meat or products obtained from such animals. |
Amendment 265
Proposal for a regulation
Article 118 — paragraph 2 b (new)
Text proposed by the Commission |
Amendment |
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2b. Member States shall also prohibit the importation from third countries on any of the lists referred to in paragraph 2a of: |
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