Published: Sunday 15 August 2004
| Updated: Friday 4 August 2006
On 2 June, the Health Council reached political agreement on two legislative proposals in the "pharma review package". Two Member States, Belgium and the Netherlands, immediately expressed their intention to vote against the upcoming common position. A number of accession candidates also expressed reservations.
Agreement was reached particularly on two main issues,
notably:
- the Council decided to require the
centralised marketing authorisation of new medicines aimed
at treating AIDS, cancer and neurodegenerative disorders. There
will be a possibility to extend the list of diseases four years
after the entry into force of the regulation.
- The other key decision taken by the Council concerns the
regulatory data protection period, during which innovative
pharmaceutical companies can keep their generic counterparts out of
access from clinical data required to manufacture a given medical
product. Based on the decision, clinical data is protected from
generic manufacturers for at least a period of 10 years in the case
of biotech products or those that require marketing authorisation
under the centralised procedure. For other products, applications
from generic drug makers are accepted after eight years but their
marketing cannot take place for an additional two years.
The
European Consumers' Organisation (BEUC) welcomed
the Council's decision to reject the Commission's proposal lifting
the ban on advertising prescription medicines directly to
consumers, which would have enabled Member States to authorise
under certain conditions the provision of information on AIDS,
asthma and diabetes drugs directly to patients.
The
European Federation of Pharmaceutical Industries and
Associations (EFPIA) took the Council's political
agreement as a "mixed signal" on innovation and research. EFPIA
welcomed the agreement on full 10 years of data protection in
mandatory centralised procedure but would have preferred an
agreement to provide 10 years of regulatory data protection for all
new products. EFPIA expressed concern over the tight timetable for
the completion of the legislative package and warned the Council
needs to reach a common position in October 2003 if the proposals
are to be passed prior to the next EU enlargement.
The Council is to come to a political agreement on the third
pillar of the pharma review package concerning veterinary medicinal
products at a later stage. The three common positions will then be
forwarded simultaneously to the European Parliament for a second
reading.