Procedures for obtaining a marketing authorisation
Authorisation processes follow either a purely national procedure, with rules and requirements as per national legislation in force, as it occurs in most of countries worldwide, or should follow a centrally approval or a mutual recognition or decentralised procedure within the European Union.Types of applications
The type of application may vary according to status of the active ingredient. Thus, if the application concerns a new active ingredient (new active substance, new chemical entity, new molecular entity), one talks about a full application. Once a new active ingredient authorised, any additional strengths, pharmaceutical forms, administration routes, presentations, as well as any variations (changes to the existing marketing authorisation) and extensions shall also be granted an authorisation or be included in the initial marketing authorisation, being subject of an abridged application. Special consideration is to be given to application for authorisation of biological products and biotechnology products, homeopathic products, herbal drugs, radionuclide generators, kits, radionuclide precursor radiopharmaceuticals and industrially prepared radiopharmaceuticals; in such instances, requirements are specific, in the meaning that they are special, more or less detailed, as per the nature of active ingredient.Validity of marketing authorisations
In most countries, a marketing authorisation is valid for a period of 5 years. After this period, one should apply for renewal of the marketing authorisation, usually by providing minimal data proving that quality, efficacy and safety characteristics are maintained and the risk-benefit ratio of the medicinal product is still favourable. However, in the European Union, after one renewal, the marketing authorisation shall remain valid for an unlimited period, unless the competent regulatory authority decides otherwise. If the marketing authorisation is not renewed in due time as requested by the local legislation, in order to maintain the pharmaceutical product on a market, one can apply for re-authorisation (re-registration). In such situations, the applicant may be requested to submit the whole items necessary for a full application. Marketing authorisation may be withdrawn, suspended, revoked or varied by regulatory authorities if under normal conditions of use the benefit over risk ratio is no more favourable, the product is harmful, or if it lacks therapeutic efficacy; also, one of the above actions can be taken if the qualitative and quantitative composition or other qualitative aspects (control) are not as currently declared. Marketing authorisation may be also withdrawn, suspended or revoked if the marketing authorisation holder or its representative does not fulfil other legal or regulatory obligations necessary to maintaining of product on the market, as per the legislation in force. Also, the marketing authorisation is withdrawn in the EU if the product is not placed on the market within next 3 consecutive years after granting of authorisation or if it is no more marketed for 3 consecutive years (so-called “sunset clause”).CMD(h) Agreement on Sunset Clause and its application to MAs granted in more than one Member State. Co-ordination Group for Mutual Recognition and Decentralised Procedures -Human, December 2006.Notes
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