Tag Archives: Single market

Fiscalis 2013

Fiscalis 2013

Outline of the Community (European Union) legislation about Fiscalis 2013

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Taxation

Fiscalis 2013 (2008-2013)

Document or Iniciative

Decision No 1482/2007/EC of the European Parliament and of the Council of 11 December 2007 establishing a Community programme to improve the operation of taxation systems in the internal market (Fiscalis 2013) and repealing Decision No 2235/2002/EC.

Summary

The Fiscalis 2013 programme is set up for the period from 1 January 2008 to 31 December 2013 and is intended to improve the operation of the taxation systems * in the internal market of the European Union (EU).

Objectives

The overall objective of Fiscalis 2013 is to improve the functioning of the tax systems in the internal market by strengthening cooperation between participating countries, their administrations and any other body.

The contribution of the Fiscalis 2013 programme to the development of cooperation between tax administrations will mean that the following objectives can be attained:

  • the uniform application of the EU tax laws in all the EU countries;
  • the protection of national and EU financial interests;
  • the smooth functioning of the internal market through the combating of tax avoidance and evasion, including its international dimension;
  • the avoidance of distortions of competition;
  • the ongoing reduction of compliance burdens on administrations and tax-payers alike.

Activities

Activities under Fiscalis 2013 are based in particular on:

  • communication and information-exchange systems;
  • multilateral controls;
  • seminars and project groups;
  • working visits;
  • training activities.

The Excise Movement Control System (EMCS) will be incorporated in the Fiscalis 2013 programme from 2009.

Participation in the programme

The countries participating in the Fiscalis 2013 programme are the EU member countries. The programme is also open to participation by the candidate countries benefiting from a pre-accession strategy, potential candidate countries (following the establishment of framework agreements concerning their participation in EU programmes), as well as some partner countries under the European Neighbourhood Policy.

Budgetary implications

The Fiscalis 2013 programme will run for a period of six years, in line with the duration of the 2007-2013 Financial Perspective. The amount to be borne by the EU budget is EUR 156.9 million.

Key terms used in the act
  • Taxation systems: this refers to the following taxes applied in the countries participating in the programme:
    1. value added tax;
    2. excise duties on alcohol, tobacco products and energy products;
    3. taxes on income and on capital as defined in Article 1(2) of Council Directive 77/799/EEC;
    4. taxes on insurance premiums as defined in Article 3 of Council Directive 76/308/EEC.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision No 1482/2007/EC

4.1.2008

OJ L 330, 15.12.2007

Related Acts

Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Midterm evaluation of the Fiscalis 2013 programme [COM (2011) 538 final – Not published in the Official Journal].
The midterm evaluation concluded that the programme operates cost efficiently and is effective in the achievement of its objectives. Further improvements in the monitoring and the reporting of activities are possible, although the achievement of this may be restricted due to the limited human resources available in the European Commission and the participating countries’ tax administrations for managing the programme. The report recommends the following improvements for the remaining programming period:

  • prioritise cooperation in the field of direct taxation;
  • make the reduction of administrative burdens on taxpayers a specific objective of Fiscalis;
  • set up a results-based monitoring and evaluation system;
  • improve dissemination and application of knowledge and best practices in national administrations;
  • explore the potential for further improvement and development of the value-added tax information exchange system (VIES);
  • introduce a dedicated planning, monitoring and reporting system for the organisation and follow-up of working visits;
  • involve a larger community of stakeholders;
  • ensure proportionate programme management capacity.

Unfair terms

Unfair terms

Outline of the Community (European Union) legislation about Unfair terms

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for capital

Unfair terms

Document or Iniciative

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts [See amending act(s)].

Summary

This Directive does not apply to contractual terms reflecting:

  • mandatory provisions or regulations;
  • provisions arising from international agreements to which the Member States or the Community are signatories.

A non-negotiated term is unfair when it establishes a significant imbalance, to the consumer’s detriment, between the rights and obligations of the contracting parties.

A list of terms which may be deemed unfair is annexed to the Directive.

Assessing the unfair nature of a contractual term takes into account:

  • the nature of the goods or services covered by the contract;
  • the circumstances surrounding the drawing up of the contract;
  • the other terms in the contract or in another contract to which it relates.

Neither the definition of the main aim of the contract nor the relationship between the price and the service or goods to be provided may be taken into account in assessing the unfair nature of clearly worded contractual terms.

Where there is doubt as to the meaning of a term, the interpretation most favourable to the consumer will prevail.

Consumers are not bound by unfair terms in a contract signed with a professional.

The Member States are to implement the appropriate measures to end the use of unfair terms.

The Commission is to report to the European Parliament and the Council by 31 December 1999 on the application of this Directive.

REFERENCES

Act Entry into force Deadline for implementation in the Member States Official Journal

Directive 93/13/EEC

11.5.1993

31.12.1994

OJ L 95, 21.4.1993

Amending act(s) Entry into force Deadline for implementation in the Member States Official Journal

Directive 2002/995/EC

9.12.2002

1.1.2003

OJ L 353, 30.12.2002

Related Acts

Report from the Commission on the implementation of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts [COM (2000) 248 final – Not published in the Official Journal].
The purpose of this report is not only to appraise Directive 93/13/EEC, five years after the deadline for its transposition, but also to raise a number of questions with a view to improving the existing situation.
According to the Commission, its work since 1993 has had a significant effect: infringement procedures, market studies, subsidies granted with a view to eliminating unfair terms in certain economic sectors, the dialogue between consumers and professionals, information campaigns, the conference organised in Brussels in 1999, and the Clab database.
Drawing on the experience gained in implementing the Directive in the Member States, the report suggests a number of improvements. The suggestions mainly concern the scope of the Directive and its limitations, the notion of unfair terms, the list in the annex to the Directive, the failure to supervise pre-contractual terms and conditions, the principle of transparency and the right to information, penalties, existing national arrangements for eliminating unfair terms, the problems posed by certain economic sectors, and the future of the Clab database.

Certification of train drivers operating locomotives and trains

Certification of train drivers operating locomotives and trains

Outline of the Community (European Union) legislation about Certification of train drivers operating locomotives and trains

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Rail transport

Certification of train drivers operating locomotives and trains

Document or Iniciative

Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the Community’s rail network.

Summary

This directive helps to revitalise the rail sector by establishing a certification system for locomotive and train drivers on the European Union (EU) rail network.

It is mainly aimed at drivers. EU countries may exclude the following from the measures they adopt in implementation of the directive:

  • metros, trams and other light rail systems;
  • networks that are functionally separate from the rest of the rail system and are intended only for the operation of local and urban services, etc.;
  • privately owned railway infrastructure.

Certification of drivers

All train drivers must have the necessary fitness and qualifications to drive trains and hold the following documents:

  • a licence identifying the driver and the authority issuing the certificate and stating the duration of its validity. The licence will be the property of the driver and will be issued, on application, to drivers meeting the minimum requirements as regards medical and psychological fitness, basic education and general professional skills;
  • a harmonised complementary certificate as evidence that the holder has received additional training under the railway undertaking’s safety management system. The certificate should state the specific requirements of the authorised service (rolling stock and infrastructure) for each driver and its validity will therefore be restricted.

The harmonised complementary certificate authorises the holder to drive in one or more of the following categories:

  • category A: shunting locomotives and work trains;
  • category B: carriage of passengers and/or goods.

Drivers holding the licence and the harmonised complementary certificate can drive trains provided that the railway undertaking or the infrastructure manager in charge of the transport operation in question holds a safety certificate.

Conditions and procedure for obtaining the licence and the certificate

With regard to the basic training and fitness required of drivers, applicants must meet the following requirements:

  • they must be at least 20 years of age. However, EU countries may issue licences from the age of 18 years, the validity of such a licence then being limited to the territory of the issuing EU country;
  • they must have received basic training equivalent to level 3 (level of 9 years of education: primary and secondary) as referred to in Council Decision 85/368/EEC and satisfy the medical requirements laid down in Annex II of this directive;
  • they must provide evidence of their physical and mental fitness by passing a medical examination conducted by a medical doctor recognised by the competent authority;
  • they must demonstrate their psychological fitness by passing an examination conducted by a psychologist recognised by the competent authority;
  • they must provide evidence of their professional and, if applicable, linguistic abilities.

Professional abilities are proven by means of adequate training (in operational regulations, engineering, communications, acquiring driving skills, etc.) and passing the relevant examinations.

The competent authority will issue the licence not later than one month after receiving all the necessary documents. The licence will be in the official language(s) of the EU country issuing it and is valid for 10 years.

In order to keep the licence and the harmonised certificate, holders must agree to undergo periodic checks such as medical examinations and tests of their professional abilities.

When a driver ceases to be employed by a railway undertaking, the undertaking must inform the competent authority without delay. The harmonised complementary certificate will become invalid on cessation of employment. However the holder will receive a certified copy of it. If there is any change in a driver’s state of health that could call into question his fitness for the job and give grounds for withdrawal of his licence or harmonised complementary certificate, the employer or the driver himself must inform the competent authority without delay.

Some tasks and decisions of the competent authority

The competent authority, i.e. the authority appointed by the EU country to issue the driver’s licence after establishing that the applicant meets the necessary requirements, must carry out the following tasks, in a transparent and non-discriminatory fashion:

  • issue and update licences, provide replacements and suspend and withdraw licences if necessary;
  • ensure periodic examinations and checks;
  • ensure the publication and updating of a register of accredited or recognised persons and bodies, and update a register of licences which have been issued, expired, modified, suspended, cancelled or declared lost or destroyed;
  • supervise the process of certifying drivers and carry out the necessary checks on board trains travelling within the EU;

EU countries shall take the necessary steps to ensure judicial review of the decisions taken by a competent authority.

Railway undertakings are required to:

  • keep a register of all harmonised complementary certificates issued, expiring, modified, suspended, cancelled or declared lost or destroyed;
  • cooperate with the competent authority of the country where they are domiciled in order to interconnect their register with that of the competent authority so as to give it immediate access to the particulars required;
  • supply information on the status of such certificates to the competent authorities of the other EU countries.

Phasing-in

EU countries will bring into force the necessary laws, regulations and administrative provisions by 4 December 2009.

At the latest on 29 October 2011, which corresponds to two years after the adoption (29 October 2009) of the basic parameters, registers will be drawn up.

At the latest on 29 October 2011, the certificates or licences to drivers performing cross-borders services, cabotage services or freight services in another EU country or working in at least two EU countries shall be issued in accordance with this directive.

At the latest on 29 October 2013, all new licences and certificates shall be issued.

At the latest on 29 October 2018, all drivers shall hold licences and certificates in conformity with this directive.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2007/59/EC

4.12.2007

3.12.2009

OJ L 315 of 3.12.2007

Related Acts

Commission Regulation (EU) No 36/2010 of 3 December 2009 on Community models for train driving licences, complementary certificates, certified copies of complementary certificates and application forms for train driving licences, under Directive 2007/59/EC of the European Parliament and the Council [Official Journal L 13 of 19.1.2010]
The annexes to this regulation set out the Community models for the train driving licences, complementary certificates, certified copies of complementary certificates, and application forms for the train driving licences as referred to in Directive 2007/59/EC.

Commission Decision 2010/17/EC of 29 October 2009 on the adoption of basic parameters for registers of train driving licences and complementary certificates provided for under Directive 2007/59/EC of the European Parliament and of the Council (notified under document C(2009) 8278) [Official Journal L 8 of 13.1.2010]

Support for electricity from renewable energy sources

Support for electricity from renewable energy sources

Outline of the Community (European Union) legislation about Support for electricity from renewable energy sources

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Energy > Renewable energy

Support for electricity from renewable energy sources

Document or Iniciative

Commission Communication of 7 December 2005 “The support of electricity from renewable energy sources” [COM(2005) 627 final – Official Journal C 49 of 28 February 2006].

Summary

This communication reports on the progress made in achieving the objectives set by the Member States in the field of renewable energies, as stipulated by the previous 2001 Directive. It focuses specifically on public support allocated to assist the market penetration of electricity produced from renewable energy sources (RES-E).

The existing support schemes cover the following:

  • feed-in tariffs exist in most of the Member States. These systems are characterised by a specific price, normally set for a period of around seven years, that must be paid by electricity companies, usually distributors, to domestic producers of green electricity;
  • the green certificate system, currently in force in Sweden, the United Kingdom, Italy, Belgium and Poland. RES-E is sold at the conventional market price. In order to finance the additional cost of producing green electricity, and to ensure that it is generated in sufficient quantities, all consumers are obliged to purchase a certain number of green certificates from RES-E producers according to a fixed percentage (quota) of their total electricity consumption/generation;
  • tendering systems exist in two Member States (Ireland and France). Under this procedure, the State issues a series of invitations to tender for the supply of RES-E, which will be sold at market price. The additional cost is passed on to the final consumer in the form of a special tax;
  • tax incentives used exclusively in Malta and Finland.

To assess the performance of these support schemes, it is necessary to:

  • take into account the substantial differences between the national, regional and agricultural resources of different Member States. The wider the gap between “generation costs” and “support”, the less the cost-efficient the system is;
  • take into account the effectiveness of the different support schemes. Effectiveness refers to the ability of a support scheme to deliver green electricity;
  • compare the profits from an investor perspective and compare effectiveness so as to indicate whether the success of a particular policy results above all from substantial financial incentives or whether there are other aspects that have had a crucial impact on market distribution in the countries in question.

The different forms of renewable energy affected by this support include:

  • wind energy, for which analyses show that support is too low for any take-off in a quarter of the Member States. Another quarter of Member States provide enough support but still obtain mediocre results. Feed-in tariffs are currently the most effective systems for wind energy in Germany, Denmark and Spain;
  • biomass forestry requires the use of straw, which is taken into account in analyses of biomass forestry. Denmark is the main country using this type of biomass. In close to half of all European countries, support for this form of renewable energy is still insufficient to develop this high potential sector;
  • the biogas sector is closely linked to environmental policy for waste treatment. In nearly 70% of cases not enough support is provided for the development of this technology;
  • the other renewable energy sources to benefit from this support are hydroelectricity and photovoltaic solar energy (especially in Germany). There are several other sources of renewable energy (geothermal, wave, tidal, solar thermal, etc) which, although they receive support in some Member States, have not yet been developed on an industrial scale.

Circulation of renewable energy on the internal market

These support schemes for RES-E cannot be separated from the internal electricity market. The compatibility of the different renewable energy support schemes with the development of the internal electricity market is essential in the medium and long term. Support for renewable sources of energy falls under the Community framework for State aid for environmental protection, whereas at the national level, the rules on State aid can influence the type of support scheme.

The Commission stresses that the market is dominated by one or several power companies that are too often vertically integrated. The existence of distribution and transport grid operators should guarantee all generators fair grid access, respecting the rules of competition. That is why the independence of these grid operators is vital to the proper functioning of the support schemes.

Governments must also ensure that consumers are informed of the way in which these support schemes for renewable energies affect consumers.

A distinction needs to be made between the physical trade in electricity and the green value of the electricity. RES-E is subject to the same restrictions as conventional electricity, including the mandatory disclosure system. This system makes it compulsory to inform consumers of the contribution of each energy source to the overall fuel mix.

The support covered by the Community framework for State aid for environmental protection may distort competition. These economic effects may however be justified and compensated for by the beneficial effects for the environment. Since the use of renewable energy sources is a priority for Community policy, the mentioned framework tends to favour support schemes. Some sixty support schemes for RES-E were already approved by the Commission during the period 2001 to 2004.

Towards a harmonisation of the rules?

Harmonisation between potential and actual development of renewable energies varies greatly among the Member States. In the short term, harmonisation seems unlikely. The Commission regards harmonisation of the rules in this sector as being desirable, as any changes to the system in the short term might disrupt some markets.

Achieving the potential benefits of harmonisation presupposes:

  • integration of renewable energies on the internal market, making the RES-E sector more competitive;
  • reduction of the forecast costs for RES-E to achieve its target share for 2010 on the basis of a harmonisation of systems such as green certificates and feed-in tariffs. These forecasts suppose the elimination of market distortions caused by support for conventional energy sources;
  • creation of a system of green certificates at the European level that would be more wide-ranging and therefore more liquid, making it possible to ensure greater price stability on national markets;
  • a common feed-in tariff system for the whole of Europe, bearing in mind the availability of resources at the local level. This could lower the cost of all RES technologies in the different Member States once installations are no longer reserved for only some of them.

Avoiding the potential disadvantages of harmonisation presupposes:

  • the absence of any significant fluctuation in the price of green certificates to avoid increasing investor uncertainty and holding back the development of RES;
  • costs linked to information on these technologies and keeping such costs low;
  • development of competitive technologies only, in the context of green certificates, as this system favours profitability above all else. Investment in other promising technologies would be insufficient.

Consideration must also be given to Member States that are importers of RES-E. There is a risk that they will not wish to pay the bill without also benefiting from the advantages at the local level to which they would have access if the renewable energy were being produced on their territory. In any case, the exporting countries may not wish to keep an excess capacity of RES if the public is opposed to building future RES installations on their territory.

Recommendations concerning administrative barriers and grid access

Such barriers appear when the project developers or investors disagree over the installation of new generation capacities or over grid access. The Commission has launched a public consultation into perceptions of these barriers and recommends that action be taken in relation to the following:

  • the large number of authorities involved (national, regional and local) and the lack of coordination between them leads to uncertainty in connection with investment. Single authorisation services should be set up;
  • it can take several years to obtain the necessary permits and this can completely freeze the development of the market. The Member States must set out clear guidelines and a precise division of responsibilities;
  • the insufficient attention given to RES in spatial planning, which must be improved by encouraging public authorities to anticipate future RES projects through the establishment of advance planning mechanisms. It is also important that the planning and authorisation process complies with European environmental legislation.

Grid access problems play a crucial role in the increase in RES-E generation. The Member States have largely put the necessary legislative provisions in place whereby grid operators guarantee transport and distribution. In the view of the Commission, transparent rules are required in order to meet and share out the necessary cost of investment in the grid, as the absence of such rules is the source of numerous difficulties.

Denmark, Finland, Germany and the Netherlands have established rules of good practice in relation to the sharing of the cost of the various investments that have to be made in the grid. Such good practice makes it possible to implement the “shallow” cost approach, under which grid connection costs are borne by project developments or shared with grid operators. These rules should be completely transparent and non-discriminatory.

The Commission stresses the necessity of developing grid infrastructure so as to be able to absorb the future increase in RES-E generation.

Lastly, the Commission recommends the establishment of a system to guarantee the origin of electricity generated from renewable energy sources in order to facilitate trade and ensure transparency for consumers.

Preference for a coordinated approach

In the view of the Commission, harmonisation is still at an experimental stage and it consequently advocates a coordinated approach to support schemes benefiting renewable energy sources, based on the following:

  • international cooperation which would certainly contribute to the development of the different support schemes in Europe, prior to undertaking partial harmonisation;
  • optimisation of national schemes that are indicative of the ineffectiveness of such systems, resulting in a rise in prices for consumers.

In order to optimise their national schemes, the Member States should take the following action:

  • consolidate the legislative framework and limit investment risks linked to the intermittent nature of national support schemes. The system must appear stable and financially viable in the long term in the eyes of economic operators in order to contribute to greater transparency in market prices;
  • encourage technological diversity even if RES technology appears to be the most competitive at present. Better use should be made of exemptions and tax reductions offered to renewable energy sources;
  • ensure compatibility with the internal electricity market with a view to integrating these support schemes in a liberalised energy market;
  • encourage employment and local and regional benefits;
  • work in unison with national energy efficiency and demand management schemes so as to avoid cancelling out the progress achieved by RES-E with an excessive increase in consumption.

Background

The Commission will closely monitor developments concerning European renewable energy policy. It will draw up a report by the end of 2007 at the latest on the levels envisaged by the national systems for promoting electricity from renewable energy sources. It will report on the drive towards the completion of the internal electricity market and further analyse the options for and the impact of possible harmonisation.

Related Acts

of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market [OJ L 283 of 27.10.2001]

 

Common procurement vocabulary

Common procurement vocabulary

Outline of the Community (European Union) legislation about Common procurement vocabulary

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Businesses in the internal market > Public procurement

Common procurement vocabulary

Document or Iniciative

Regulation (EC) No 2195/2002 of the European Parliament and of the Council of 5 November 2002 on the Common Procurement Vocabulary (CPV) [See amending acts].

Summary

The Regulation establishes a single classification system: the Common Procurement Vocabulary (CPV). This classification endeavours to cover all requirements for supplies, works and services. By standardising the references used by contracting authorities to describe the subject matter of their contracts, the CPV improves the transparency of public procurement covered by Community directives.

The CPV attaches to each numerical code a description of the subject of the contract, for which there is a version in each of the official languages of the EU. The CPV consists of:

  • a main vocabulary containing a series of numerical codes comprising eight digits each and subdivided into divisions, groups, classes and categories. A ninth digit serves to verify the previous digits;
  • a supplementary vocabulary expanding the description of the subject of a contract by adding further details regarding the nature or destination of the goods to be purchased.

The list of CPV codes and the tables of correspondence between the CPV and other nomenclatures can be consulted on the Internet site: System of Information on Public Procurement (SIMAP).

To remain effective, the CPV evolves in line with market developments. This is why the structure of the supplementary vocabulary has undergone radical changes, thereby including the characteristics of products and services and reducing the number of codes in the main vocabulary.

The latest review of the CPV was designed to make it more user-friendly by focusing it less on materials and more on products. In addition, the CPV’s hierarchy was rationalised.

The TED database ensures that notices of public tenders subject to European directives are published in the Official Journal ‘S’ series. Since 20 December 2003, TED has used the CPV codes which will become compulsory with the adoption of the revised European directives.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 2195/2002

16.12.2003

OJ L 340 of 16.12.2002

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 596/2009

7.8.2009

OJ L 188 of 18.7.2009

Successive amendments and corrections to Regulation (EC) No 2195/2002 have been incorporated in the basic text. This consolidated version is for reference purposes only.

Related Acts

Commission Regulation (EC) No 2151/2003 of 16 December 2003 [Official Journal L 329 of 17.12.2003].
This Regulation makes technical adjustments and improvements which were identified as being necessary during the legislative process leading to the adoption of Regulation (EC) No 2195/2002 but which could not be taken into account in that Regulation and should be introduced in the Annexes to that Regulation.

Regulation (EC) No 451/2008 of the European Parliament and of the Council of 23 April 2008 establishing a new statistical classification of products by activity (CPA) and repealing Council Regulation (EEC) No 3696/93 (Text with EEA relevance) [Official Journal L 145 of 4.6.2008].

Administrative cooperation in the field of value added tax

Administrative cooperation in the field of value added tax

Outline of the Community (European Union) legislation about Administrative cooperation in the field of value added tax

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Taxation

Administrative cooperation in the field of value added tax (until 31.12.2011)

Document or Iniciative

Council Regulation (EC) No 1798/2003 of 7 October 2003 on administrative cooperation in the field of value added tax and repealing Regulation (EEC) No 218/92 [See amending act(s)].

Summary

This regulation determines the conditions of cooperation between national authorities responsible for applying value added tax (VAT) legislation on:

  • supplies of goods and services;
  • intra-Community acquisition of goods;
  • importation of goods.

It also provides a structure for cooperation between these national authorities and the Commission.

More precisely, the regulation lays down rules and procedures to enable the competent authorities of European Union (EU) countries to cooperate and to exchange any information that may help them assess VAT correctly.

Definition of parties concerned and procedures

Each EU country designates a single central office to act as a point of contact for administrative cooperation. The competent authorities of EU countries may designate liaison departments and/or competent officials for direct exchanges of information. The central liaison offices are responsible for maintaining up-to-date lists of these departments or officials and making them available to the other EU countries concerned.

Liaison departments and competent officials are required to inform their central liaison office when they send or receive a request for assistance or a reply to a request for assistance. They must also notify their central liaison office and competent authority of any request for assistance received that requires action outside their territorial or operational area.

The obligation for EU countries to assist each other does not cover the provision of information or documents obtained by the authorities when acting with the authorisation or at the request of a judicial authority, unless provided for in their national law.

Exchange of information on request

This concerns requests for information and for administrative enquiries sent by the competent authority of one EU country (the requesting authority) to the competent authority of another EU country (the requested authority) to obtain information that may help with the correct assessment of VAT. The requested authority has the obligation to provide the information requested. To that end, it may make administrative enquiries and act for the requesting authority as if it were acting on its own behalf.

The requesting authority may make a reasoned request for an administrative enquiry. In such cases, the requested authority must justify any failure to carry out the enquiry.

The requesting authorities must use a standard form for all requests for information and administrative enquiries.

As regards the time limit for providing information, the requested authority must provide the information without delay and no later than three months following the date of receipt of the request. However, if the requested authority is already in possession of the information, the time limit is reduced to a maximum of one month. In certain cases, the requesting and requested authorities may agree on different time limits.

If the requested authority is unable to respond to the request by the deadline, it must immediately inform the requesting authority in writing of the reasons for its failure to do so and indicate a timeframe within which it will be able to respond.

The requesting and requested authorities may agree to allow officials of the first to be present in the administrative offices of the latter. The officials of the requesting authority may also participate in the administrative enquiries with a view to exchanging information, but never to exercise the powers of inspection conferred on the officials of the requested authority. They must at all times be in possession of a written authority, which states their identity and official capacity.

EU countries may also agree to conduct simultaneous controls in their respective territories on the tax situation of taxable persons, if this is more effective than controls carried out by only one EU country.

Exchange of information without prior request

The competent authority of an EU country must forward information by automatic or structured automatic exchange to the competent authority of the EU country concerned when:

  • tax is meant to be charged in the EU country of destination and the effectiveness of the control system depends on information from the EU country of origin;
  • an EU country believes that a breach of VAT legislation has or might have been committed in the other EU country;
  • there is a risk of tax loss in the other EU country.

The exact categories of information to exchange, the frequency of exchanges and the practical procedures for exchanging information are determined by the Commission, assisted by a standing committee on administrative cooperation. In addition, each EU country must determine whether it will take part in the exchange of a particular category of information and whether it will do so in an automatic or structured automatic way.

The competent authorities of EU countries may forward to each other any information of which they are aware by spontaneous exchange.

Storage and exchange of information relating to intra-Community transactions

Each EU country must maintain an electronic database in which it stores and processes information relating to VAT. It is the responsibility of each EU country to ensure that its database is complete, accurate and kept up to date.

The competent authority of an EU country can obtain directly from any other EU country, or have direct access to, data stored on:

  • VAT identification numbers issued by the EU country receiving the information;
  • the total value of all intra-Community supplies of goods and services to persons holding a VAT identification number by all operators identified for the purposes of VAT in the EU country providing the information.

If necessary for the control of intra-Community acquisition of goods and supply of services to prevent a breach of VAT legislation, the competent authority of an EU country must receive directly, or have direct electronic access to, the following information:

  • the VAT identification numbers of the persons who effected the intra-Community supplies of goods and services;
  • the total value of such supplies to persons holding a VAT identification number.

EU countries must provide access to the information without delay and no later than one month from the end of the period to which the information relates.

Conditions governing the exchange of information

The requested authority may refuse a request for assistance. In such cases, it must always inform the requesting authority of its reasons. Requests for assistance may be refused if the provision of information:

  • imposes a disproportionate administrative burden;
  • is contrary to the laws or administrative practices of the requested EU country;
  • leads to the disclosure of commercial, industrial or professional secrets;
  • is against public policy.

Information communicated on the basis of this regulation is covered by the obligation of official secrecy and is protected under the national law of the EU country that received it. Therefore, this information may only be used for clearly specified purposes, such as:

  • establishing the assessment base;
  • collection or administrative control of tax (for the purpose of establishing the assessment base);
  • assessment of other levies, duties and taxes covered by Article 2 of Council Directive 76/308/EEC; and
  • in connection with judicial proceedings that may involve penalties, initiated as a result of infringements of tax law (the documents may be invoked as evidence).

Context

This regulation belongs to a series of tax harmonisation measures taken to complete the internal market.

In the interests of facilitating contacts between local and/or national tax authorities to combat fraud more effectively, this regulation brings together into a single legal instrument and reinforces the provisions of the Directive on mutual assistance by competent authorities in the field of direct and indirect taxation and the Regulation on administrative cooperation in the field of indirect taxation.

On 7 October 2010, the Council adopted Regulation (EU) No 904/2010 which repeals the current Regulation on 1 January 2012. However, chapter V (with the exception of Article 27, paragraph 4) remains applicable until 31 December 2012. Certain provisions from the new Regulation entered into force on 1 November 2010, others will apply from 1 January 2012 and 1 January 2015.

REFERENCES

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1798/2003

1.1.2004

OJ L 264 of 15.10.2003

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 885/2004

1.5.2004

OJ L 168 of 1.5.2004

Regulation (EC) No 1791/2006

1.1.2007

OJ L 363 of 20.12.2006

Regulation (EC) No 143/2008

20.2.2008

OJ L 44 of 20.2.2008

Regulation (EC) No 37/2009

1.1.2010

OJ L 14 of 20.1.2009

Regulation (EU) No 904/2010

1.11.2010

OJ L 268 of 12.10.2010

RELATED ACTS

Commission Regulation (EC) No 1174/2009 of 30 November 2009 laying down rules for the implementation of Articles 34a and 37 of Council Regulation (EC) No 1798/2003 as regards refunds of value added tax under Council Directive 2008/9/EC [Official Journal L 314 of 1.12.2009].

Report from the Commission to the Council and the European Parliament of 18 August 2009 on the application of Council Regulation (EC) No 1798/2003 concerning administrative cooperation in the field of value added tax [COM(2009) 428 final – Not published in the Official Journal].

Commission Regulation (EC) No 1925/2004 of 29 October 2004 laying down detailed rules for implementing certain provisions of Council Regulation (EC) No 1798/2003 concerning administrative cooperation in the field of value-added tax [Official Journal L 331 of 5.11.2004].
This regulation establishes the categories of information to be exchanged without prior request, the frequency with which such exchanges must take place and other rules for implementing certain provisions of Regulation (EC) No 1798/2003.

Community code relating to medicinal products for human use

Community code relating to medicinal products for human use

Outline of the Community (European Union) legislation about Community code relating to medicinal products for human use

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Pharmaceutical and cosmetic products

Community code relating to medicinal products for human use

Document or Iniciative

Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use [See amending acts].

Summary

The code applies to all medicinal products for human use, except for:

  • medicinal products prepared in a pharmacy in accordance with a medical prescription (‘magistral formula’);
  • medicinal products prepared in a pharmacy in accordance with the prescriptions of a pharmacopoeia (‘officinal formula’);
  • medicinal products intended for research and development trials;
  • intermediate products intended for further processing;
  • radionuclides in the form of sealed sources;
  • whole blood, plasma or blood cells of human origin;
  • innovative therapeutic medicinal products prepared on an as-needed basis, pursuant to specific quality standards, and used in the same Member State, in a hospital, under the professional responsibility of a doctor, to carry out a given medical prescription.

This code also applies to the manufacture of medicinal products exclusively intended for export, as well as intermediate products, active substances and excipients.

Marketing authorisation procedure

No medicinal product (with the exception, under certain conditions, of radiopharmaceuticals prepared at the time of use) may be placed on the market of a Member State unless an authorisation has been issued by the competent authorities of that Member State or by the European Medicines Agency (the ‘Agency’).

Only applicants established in the Community may be granted a marketing authorisation.

Certain particulars and documents must be included with the authorisation request, namely:

  • the name and constituents of the medicinal product;
  • the manufacturing method;
  • therapeutic indications, contra-indications and side-effects;
  • posology, method and route of administration;
  • expected shelf-life, precautionary and safety measures during storage and administration of the medicinal product;
  • disposal of waste;
  • the risk to the environment;
  • a description of control tests employed by the manufacturer;
  • the results of pharmaceutical, pre-clinical and clinical tests;
  • a summary describing the applicant’s system of pharmacovigilance;
  • a copy of any marketing authorisation obtained in another Member State or non-member country.

Notwithstanding the previous paragraph and without prejudice to the law relating to intellectual and commercial property, applicants are not obliged to provide the results of pre-clinical or clinical tests or clinical trials if they can show that:

  • the medicinal product is a generic of a reference medicinal product which has been authorised for not less than eight years in a Member State or in the Community;
  • the active substances of the medicinal product have had a well established medicinal use in the Community for at least ten years, with an acceptable level of safety.

Homeopathic medicinal products may be subject to a special, simplified authorisation or registration procedure, provided they satisfy the following criteria:

  • they are administered orally or externally;
  • there is no specific therapeutic indication on the labelling of the medicinal product or in any information relating thereto;
  • there is a sufficient degree of dilution to guarantee the safety of the medicinal product.

When examining a marketing application for a medicinal product (homeopathic or otherwise), the competent authority of the Member State:

  • must verify whether the procedures for issuing a marketing authorisation have been complied with;
  • may have the medicinal product, its raw materials and, if necessary, intermediate products or other constituents tested by a laboratory;
  • may ask the applicant to complete the dossier by submitting certain items referred to in the Directive.

When a marketing authorisation is granted, the competent authority of the Member State concerned must inform the holder that it accepts the summary of the product’s characteristics. It must ensure that the information in the summary is consistent with that approved in connection with the issuing of the authorisation, and must prepare an evaluation report.

In the event of changes to the terms of marketing authorisations, the Commission adopts appropriate provisions by means of an implementing Regulation.

In exceptional circumstances and following consultation with the applicant, an authorisation may be granted subject to certain conditions relating mainly to the safety of the medicinal product, notification of any incident associated with its use, and the measures to be taken. Such authorisation is granted only where the applicant can show that he is unable to provide comprehensive information concerning the safety and efficacy of the medicinal product under normal conditions of use.

Once the authorisation has been delivered, the competent national authority may impose an obligation on the holder to perform a post-authorisation safety or efficacy study.

The authorisation is valid for five years and is renewable. Following issue of the authorisation the holder must take account of scientific and technical progress and ensure that the medicinal product is manufactured and checked by means of generally accepted scientific methods. The competent authority must approve any changes to the product. Once the marketing authorisation has been renewed, it is valid for an unlimited period.

The marketing authorisation application will be rejected if it appears that:

  • the risk-benefit ratio is not seen as favourable (safety criterion);
  • its therapeutic effect is insufficiently substantiated (this efficacy criterion does not apply to homeopathic medicinal products);
  • its qualitative and quantitative composition is not as declared (quality criterion);
  • the particulars and documents which accompany the application are inconsistent with the provisions of the Directive.

The duration of the procedure for granting an authorisation to place a medicinal product (homeopathic or otherwise) on the market may not exceed 210 days.

This Directive sets up a Coordination Group tasked with examining:

  • any questions relating to the marketing authorisation of a medicinal product in two or more Member States;
  • any pharmacovigilance issues for authorised medicinal products;
  • any questions concerning amendments to marketing authorisations issued by Member States.

The role of secretariat of this Coordination Group will be carried out by the Agency.

Mutual recognition procedures and decentralised procedure

In order to be granted a marketing authorisation for a medicinal product in more than one Member State, the applicant must submit an application based on an identical dossier in those Member States (decentralised procedure). The applicant requests that one of the Member States act as “reference Member State” and prepare an assessment report on the medicinal product, a draft summary of the product characteristics as well as a draft label and package leaflet.

If the medicinal product has already been authorised at the time of the application, the authorisation holder may submit a request for recognition of this authorisation to other Member States (mutual recognition procedure). He must inform the Member State which has issued the authorisation (‘reference Member State’) of this, as well as the Agency. The reference Member State must forward the assessment report, the summary of product characteristics and the label and package leaflet to the Member States concerned by the application.

In both cases, within 90 days of the receipt of these documents, each Member State concerned must either recognise the decision of the reference Member State or, on the contrary, consider that the medicinal product may present a serious potential risk to public health.

In the latter case, a conciliation procedure is initiated. This may lead to referral to the Committee for Proprietary Medicinal Products (‘the Committee’) if the disagreement between the Member States is not resolved.

Matters may be referred to the Committee by a Member State, an authorisation holder or the Commission, when a medicinal product has been the subject of several market authorisation applications and the Member States have adopted divergent decisions in regard to those applications. It must issue an opinion within 90 days of the date on which the matter was referred to it by the Agency.

The Member States, the Commission, the applicant or the holder of the marketing authorisation may also refer the matter to the Committee in specific cases where the interests of the European Union (EU) are involved, before reaching a decision on a request for a marketing authorisation or on the suspension, withdrawal or amendment of an authorisation.

The authorisation holder may appeal against a negative decision by the Committee, in which case the Committee examines whether its opinion must be reviewed within 60 days.

Within 15 days of receipt of the Committee’s opinion, the Commission must prepare a draft of the decision to be taken in respect of the application. It also assumes responsibility for drawing up a final decision, which is sent to all the Member States. The marketing authorisation holder or the applicant are informed accordingly.

Within 30 days of receipt of the final decision concerning a marketing authorisation, the Member States must comply with it and duly inform the Commission and the Agency.

Manufacture and importation

The following operations are subject to authorisation by the Member States:

  • manufacture, dividing up, packaging or presentation of medicinal products within the territories of the Member States (with the exception of operations performed by a pharmacist solely for retail supply);
  • all imports of medicinal products from Non-EU Member Countries.

The Member States must record information relating to the authorisation in a European database managed by the Agency.

In order to obtain manufacturing authorisation, the applicant must:

  • specify the medicinal products to be manufactured and imported, and also the place where they are to be manufactured and/or controlled);
  • have at his disposal appropriate premises, technical equipment and control facilities;
  • have at his disposal the services of at least one qualified person responsible for ensuring that the requirements set out in the marketing authorisation and the legislation in force are met;
  • provide particulars in support of his application.

The competent authority of the Member State may issue a manufacturing authorisation only after having made sure of the accuracy of the particulars supplied. Authorisation may be accompanied by certain obligations. The time taken for the procedure for granting manufacturing authorisation may not exceed 90 days, but the period may be suspended temporarily when the applicant is asked to supply additional data.

The holder of a manufacturing authorisation must:

  • have at his disposal the services of staff who comply with the legal requirements existing in the Member State concerned;
  • supply the authorised medicinal products only in accordance with the legislation of the Member States concerned;
  • give prior notice to the competent authority of any changes he may wish to make to any of the particulars supplied in connection with his manufacturing application;
  • allow the agents of the competent authority access to his premises;
  • enable the qualified person mentioned above to carry out his duties, and inform the competent authority in the event that this person is replaced;
  • comply with the principles and guidelines of good manufacturing practices for medicinal products and use only those active substances manufactured in line with good manufacturing practices and distributed in accordance with good distribution practices;
  • immediately provide the competent authority and the authorisation holder with any information revealing that the medicinal products covered by his authorisation have been falsified or are suspected of having been falsified;
  • check that the manufacturers, importers or distributors supplying him with active substances are registered with the competent authority in the Member State in which they are established;
  • check the authenticity and quality of active substances and excipients.

Active substances may only be imported under certain conditions:

  • they have been manufactured in line with good practice;
  • they are accompanied by written confirmation from the competent authority in the third country in question.

Importers, manufacturers and distributors of active substances established in the EU must register their businesses with the competent authority of the Member State in which they are established.

Labelling and package leaflet

A number of specific particulars must appear on the outer packaging of medicinal products or, where there is none, the immediate packaging, including:

  • name of the medicinal product, its dose and pharmaceutical form;
  • qualitative and quantitative composition in respect of active substances;
  • pharmaceutical form and contents by weight, volume or dose unit;
  • method of administration;
  • list of excipients, listed in the detailed indications;
  • expiry date;
  • special storage precautions, disposal of unused medicinal products or waste;
  • authorisation number and manufacturing batch number;
  • special warnings;
  • safety measures enabling wholesalers and authorised persons to dispense medicinal products to the public (for medicinal products other than radiopharmaceuticals).

These particulars must be legible, easy to understand and indelible.

Prescription-only medicinal products must be provided with safety measures (unless they are exempted by the Commission). Medicinal products not requiring a prescription shall not need safety measures unless they are listed, by derogation, on a list drawn up by the Commission where a risk of falsification has been identified.

Member States may require the use of certain forms of labelling making it possible to ascertain the price of the medicinal product, the conditions for reimbursement by social security organisations, the legal status for supply, as well as identification and proof of authenticity of the medicinal product.

The packaging of all medicinal products must contain a package leaflet, unless the information required features directly on the outer packaging or on the immediate packaging.

The package leaflet must include certain particulars, including:

  • details permitting identification of the medicinal product;
  • therapeutic indications;
  • information necessary before taking the medicinal product;
  • the necessary and usual instructions for proper use;
  • description of the side-effects observed during normal use of the medicinal product;
  • reference to the expiry date indicated on the packaging;
  • date on which the package leaflet was last updated.

Before issuing a marketing authorisation for a medicinal product, the competent authority must check that the outer packaging, the immediate packaging and the package leaflet comply with the Directive. The same applies to all proposed changes to the labelling or the package leaflet.

The labelling particulars must appear at least in the official language or languages of the Member State where the product is placed on the market.

Specific provisions will apply to the packaging and container of medicinal products containing radionuclides, and to the labelling and package leaflets of homeopathic medicinal products.

Classification of medicinal products

When granting a marketing authorisation, and on the basis of the criteria stipulated in the Directive, the competent authorities must specify the classification of the medicinal product as:

  • a medicinal product subject to medical prescription;
  • a medicinal product not subject to medical prescription.

On the basis of the criteria laid down in the Directive, the competent authorities may subdivide medicinal products belonging to the first category as follows:

  • medicinal products on renewable or non-renewable medical prescription;
  • medicinal products subject to special medical prescription;
  • medicinal products on restricted medical prescription, reserved for use in certain specialised areas.

The authorities of each Member State must draw up a list of medicinal products which may only be issued on medical prescription specifying, if necessary, the category of classification. This list must be updated annually. The changes made to it must be communicated to the Commission.

The competent authorities must re-examine and, where necessary, amend the classification of a medicinal product where new facts are brought to their notice.

Wholesale distribution and resale of medicinal products

Member States must make the wholesale distribution of medicinal products subject to the possession of an authorisation to engage in activity as a wholesaler of medicinal products.

Authorisation is not required if a producer already possesses a manufacturing authorisation for the medicinal products concerned. However, possession of authorisation to engage in activity as a wholesaler in medicinal products does not give dispensation from the obligation to possess a manufacturing authorisation. Distributors that do not hold marketing authorisation and import a medicinal product from another Member State must inform the marketing authorisation holder and the competent authority of the Member State concerned of their intention to import said medicinal product.

Wholesale distributors of medicinal products must possess an authorisation to engage in activity as a wholesaler in medicinal products.

The holder of a distribution authorisation must comply with certain requirements, namely:

  • providing officials with access in order to inspect premises, facilities and equipment;
  • procuring medicinal products from persons holding a distribution authorisation;
  • checking that medicinal products received have not been falsified;
  • having an emergency plan which enables a medicinal product to be recalled;
  • record-keeping (purchase/sales invoices, electronic format);
  • implementing an effective risk management system.

Checks on the persons authorised to engage in the activity of wholesaler in medicinal products are carried out by the Member State which has granted the authorisation. A Member State must suspend or revoke the authorisation if the conditions of authorisation are no longer met. It must immediately inform the other Member States and the Commission thereof.

When a Member State considers that, in respect of a person holding an authorisation granted by another Member State, the conditions of authorisation are not, or are no longer met, it must forthwith inform the Commission and the other Member State involved. The latter must take the measures necessary and inform the Commission and the first Member State.

The time taken for the procedure for examining the application for authorisation may not exceed 90 days, unless the applicant has been asked to supply additional data.

The Directive lists the criteria which the holders of the distribution authorisation must meet. In particular, they must have suitable premises and qualified staff and must undertake to fulfil the obligations incumbent on them following issue of the authorisation; these include making the premises available for inspection, supplying medicinal products only to persons who are authorised to supply medicinal products to the public, keeping precise records of all purchase/sales invoices, and having an emergency plan which ensures effective implementation of any withdrawal from the market.

Member States must ensure that persons authorised or entitled to supply medicinal products to the public are able to provide information that makes it possible to trace the distribution path of every medicinal product.

The wholesale distribution of narcotic or psychotropic substances, medicinal products derived from blood, immunological medicinal products and radiopharmaceuticals is subject to more stringent requirements laid down by the Member States.

In consultation with the Committee for Medicinal Products for Human Use and the Pharmaceutical Committee established by Council Decision 75/320/EEC, the Commission must publish guidelines on good distribution practice.

Persons reselling medicinal products must be registered with the competent authority in their Member State and ensure that medicinal products are covered by a marketing authorisation or an authorisation from the competent authorities of a Member State.

Sale to the public by correspondence

Medicinal products may be sold to the public by correspondence, in compliance with Directive 98/34/EC, under the following conditions:

  • the natural or legal person dispensing the medicinal products is authorised to do so in compliance with the legislation of the Member State in which they are established;
  • the natural or legal person dispensing the medicinal products has provided the Member State in which they are established with certain information such as their name, date on which they commenced their activities, and the categories of medicinal products that they sell;
  • medicinal products must be compliant with the national legislation of the destination Member State;
  • the website through which the medicinal products are sold contains contact information for the competent authority, a link to the website of the establishment’s Member State and an official logo pertaining to the sale of medicinal products to the public by correspondence.

Advertising

This Directive defines ‘advertising of medicinal products’ as any form of door-to-door information, canvassing activity or inducement designed to promote the prescription, supply, sale or consumption of medicinal products, including advertising to the general public and advertising to persons qualified to prescribe or supply medicinal products, visits by medical sales representatives, supply of samples, sponsorship of promotional meetings and scientific congresses attended by persons qualified to prescribe or supply medicinal products, etc.

Member States must prohibit any advertising of a medicinal product for which a marketing authorisation has not been granted (this prohibition does not apply to homeopathic medicinal products).

The advertising of a medicinal product must encourage the rational use of the product and may not be misleading.

The Directive distinguishes between advertising to the general public and advertising to persons qualified to prescribe or supply medicinal products.

Member States must prohibit the advertising to the general public of medicinal products which:

  • are available on medical prescription only;
  • contain psychotropic or narcotic substances;
  • are not intended for use without the intervention of a medical practitioner.

This prohibition does not apply to vaccination campaigns carried out by the industry and approved by the competent authorities of the Member States.

Medicinal products may be advertised to the general public if they are intended and designed for use without the intervention of a medical practitioner for diagnosis or for the prescription or monitoring of treatment, and if necessary with the advice of a pharmacist.

Member States must prohibit the direct distribution of medicinal products to the public for promotional purposes. They may also prohibit, on their territory, advertising to the general public of medicinal products the cost of which may be reimbursed.

All advertising to the general public of a medicinal product must be clearly identifiable as such and must include at least the following information:

  • name of the medicinal product;
  • the information necessary for correct use of the medicinal product;
  • a specific and legible invitation to read carefully the instructions in the package leaflet.

The Directive bans the inclusion in advertising of medicinal products to the general public of any information which:

  • gives the impression that a medical consultation or surgical operation is unnecessary;
  • compares the medicinal product with other treatments or products;
  • suggests that the health of the subject can be enhanced by taking the medicinal product or affected by not taking it;
  • is directed exclusively or principally at children;
  • refers to a recommendation by scientists, health professionals or persons who, because of their celebrity, could encourage the consumption of medicinal products;
  • suggests that the medicinal product is a foodstuff, cosmetic or other consumer product;
  • suggests that the safety or efficacy of the product is due to the fact that it is natural;
  • could, by a description or detailed representation, lead to erroneous self-diagnosis;
  • refers, in improper, alarming or misleading terms, to claims of recovery;
  • uses, in improper, alarming or misleading terms, pictorial representations of changes in the human body caused by disease or injury, or of the action of a medicinal product on the human body.

Advertising aimed at persons qualified to prescribe or supply medicinal products (doctors, pharmacists, etc.) must include:

  • essential information on the medicinal product;
  • the supply classification of the medicinal product.

Member States may also require the inclusion of additional particulars: selling price or indicative price, conditions for reimbursement by social security bodies.

Any documentation relating to a medicinal product supplied to persons qualified to prescribe or supply it must include, besides the particulars listed above, the date on which it was last revised. The information must be accurate, up to date, verifiable and sufficiently complete.

The Directive also contains specifications concerning the training of medical sales representatives and the information requirements and constraints they must respect in their work (ban on granting significant pecuniary advantages or benefits as a promotion technique, restrictions on hospitality at sales promotions, restrictions on the distribution of free samples). For their part, persons qualified to prescribe or supply medicinal products may not solicit or accept any inducement prohibited by the Directive.

Member States must ensure that there are adequate and effective methods to monitor the advertising of medicinal products. These methods must in any event include provisions under which persons or organisations may take legal or administrative action against any advertisements considered to be incompatible with the Directive.

The marketing authorisation holder must fulfil certain obligations to ensure compliance with the Directive (he must provide the monitoring authorities with a sample of all advertisements emanating from his undertaking, meet specific information requirements, etc.).

Member States must lay down the penalties to be imposed should the provisions of the Directive be infringed.

Pharmacovigilance

Member States must establish a pharmacovigilance system to collect information useful for the surveillance of medicinal products with regard to risks they might pose to the heath of patients or public health, in particular adverse reactions in human beings, incorrect use and serious abuse of medicinal products. Member States shall use this pharmacovigilance system to scientifically evaluate this required information with the aim of preventing or reducing risks.

Member States must take all necessary measures to encourage doctors and other healthcare professionals to report suspected adverse reactions to the competent authorities.

Holders of marketing authorisations for medicinal products must implement a pharmacovigilance system equivalent to the system put in place by the Member States. Holders must:

  • implement a risk management system for each medicinal product;
  • monitor the results of risk reduction measures;
  • update the risk management system.

As regards pharmacovigilance, the Member States have obligations of transparency and communication. They must therefore manage a national website on medicinal products which is linked to the European medicinal product website established by Regulation (EC) No 726/2004. The purpose of this website is to communicate, in particular, public assessment reports, risk management summaries and information on the adverse effects of medicinal products.

If marketing authorisation holders wish to disseminate information on pharmacovigilance issues, they must first inform the competent national authorities, the European Medicines Agency and the Commission.

Marketing authorisation holders must notify the Eudravigilance database, introduced by Regulation (EC) No 726/2004, of all suspected serious adverse effects brought to their attention in the EU or a third country, within 15 days of receiving such information. They must also notify the Eudravigilance database of any suspected serious adverse effect coming to light in the Union with 90 days of becoming aware of the occurrence.

For their part, the Member States must ensure that serious side-effect notifications are also brought to the attention of the Agency and the authorisation holder.

The Directive empowers a Member State to recommend the amendment, suspension or withdrawal of marketing authorisation following evaluation of the pharmacovigilance data.

A Member State or the Commission must initiate a European assessment procedure where emergency measures are considered necessary following the assessment of pharmacovigilance data, in any of the following situations in which the Member State or the Commission envisages:

  • suspending or withdrawing a marketing authorisation;
  • prohibiting the dispensing of a medicinal product;
  • refusing the renewal of a marketing authorisation;
  • notifying a new contra-indication.

The Agency must then determine whether the safety problem affects all medicinal products in the same range or the same therapeutic category, and initiate scientific assessment.

The Commission may request that provisional measures be taken. The procedure leads to harmonised measures being adopted throughout the European Union for the medicinal products concerned.

Monitoring of post-authorisation safety studies

This type of monitoring applies to non-interventional post-authorisation safety studies organised by the marketing authorisation holder.

Before carrying out a study, the marketing authorisation holder submits a draft protocol to the Pharmacovigilance Risk Assessment Committee and the competent national authority in their Member State. The study may only be undertaken after approval has been given by the Committee or competent national authority.

Once the study has been completed, a final report must be submitted to the competent national authority or the Pharmacovigilance Risk Assessment Committee. The Committee may also make recommendations, after which the Member States agree on a position to be adopted in this regard. The resulting agreement is then published on the website set up by the Regulation which established the European Medicines Agency.

Implementation, delegation and guidelines

The Commission adopts implementing pharmacovigilance measures concerning, in particular:

  • the content of the permanent dossier in the pharmacovigilance system;
  • minimum requirements for the pharmacovigilance quality system;
  • minimum requirements for the monitoring of information in the Eudravigilance database.

In cooperation with the competent authorities and other interested parties, the Agency prepares guidelines on good pharmacovigilance practice for the competent authorities and marketing authorisation holders.

Medicinal products derived from human blood and plasma

Member States must take all the measures necessary to:

  • prevent the transmission of infectious diseases by medicinal products manufactured on the basis of human blood or plasma;
  • promote Community self-sufficiency in human blood or plasma by encouraging unpaid donations.

Monitoring and sanctions

The competent authorities of each Member State, in cooperation with the Agency, must ensure, by means of regular inspections (inspection of manufacturing establishments and laboratories, sampling, examination of documents), and if necessary by unannounced inspections, that the legal requirements governing medicinal products are complied with. This cooperation also involves sharing information with the Agency concerning inspections planned and carried out by manufacturers established in the EU or in non-Member States, as well as medicinal product wholesalers.

Inspections are carried out by officials authorised to:

  • inspect establishments selling or manufacturing medicinal products, active substances or excipients;
  • take samples;
  • examine all documents relating to the inspection;
  • inspect premises, archives, documents and the permanent dossier in the pharmacovigilance system for the marketing authorisation holder.

Member States may also request that an official laboratory analyse samples.

The Member States must ensure that the supply of a medicinal product is banned and the medicinal product is withdrawn from the market if it appears that:

  • the product is harmful;
  • it is lacking in therapeutic efficacy;
  • the risk-benefit ratio is not favourable;
  • the product’s qualitative and quantitative composition is not as declared;
  • the controls have not been carried out.

The competent authority of a Member State must withdraw or suspend the manufacturing authorisation where the conditions required for obtaining such authorisation are no longer fulfilled and if the manufacturing of the medicinal product does not correspond to information provided.

The Member States must put in place a system aimed at preventing medicinal products suspected of being harmful to health from being dispensed to patients.

However, the competent authority may authorise the dispensing of a medicinal product in exceptional circumstances and for a transitional period to patients who are already being treated with that medicinal product.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2001/83/EC

18.12.2001

OJ L 311, 28.11.2001

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 2002/98/EC

8.2.2003

8.2.2005

OJ L 33, 8.2.2003

Directive 2003/63/EC

30.6.2003

31.10.2003

OJ L 159, 27.6.2003

Directive 2004/24/EC

30.4.2004

30.10.2005

OJ L 136, 30.4.2004

Directive 2004/27/EC

30.4.2004

30.10.2005

OJ L 136, 30.4.2004

Regulation (EC) No 1901/2006

26.1.2007

OJ L 378, 27.12.2006

Regulation (EC) No 1394/2007

30.12.2007

OJ L 324, 10.12.2007

Directive 2008/29/EC

21.3.2008

OJ L 81, 20.3.2008

Directive 2009/53/EC

20.7.2009

20.11.2011

OJ L 168, 30.6.2009

Directive 2010/84/EU

20.1.2011

21.7.2012

OJ L 348, 31.12.2010

Directive 2011/62/EU

21.7.2011

2.1.2013

OJ L 174, 1.7.2011

Successive amendments and corrections to Directive 2001/83/EC have been incorporated into the basic text. This consolidated version is for information only.

Related Acts

Commission Directive 2003/94/EC of 8 October 2003 laying down the principles and guidelines of good manufacturing practice in respect of medicinal products for human use and investigational medicinal products for human use [Official Journal L 262 of 14.10.2003].

Community code relating to veterinary medicinal products

Community code relating to veterinary medicinal products

Outline of the Community (European Union) legislation about Community code relating to veterinary medicinal products

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Animal health

Community code relating to veterinary medicinal products

Document or Iniciative

Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products [See amending acts].

Summary

The Community code relating to veterinary medicinal products will therefore include all the existing provisions governing the production, placing on the market, distribution and use of veterinary medicinal products.

Scope

The code will apply to all veterinary medicinal products, with the exception of:

  • medicated feedingstuffs;
  • inactivated immunological medicinal products which are manufactured from pathogens obtained from an animal from the same holding;
  • medicinal products prepared in a pharmacy in accordance with a “magistral” or “official” formula;
  • medicinal products based on radioactive isotopes;
  • certain additives incorporated into animal feeding stuffs.

To take better account of the emergence of new therapies, such as cell therapies, the definition of veterinary medicinal product was amended in 2004.

Marketing authorisation

No veterinary medicinal product (with the exception, under certain conditions, of those for aquarium fish, cage birds, homing pigeons, terrarium animals and small rodents) may be placed on the European Union (EU) market without a marketing authorisation. In exceptional cases, where required by the health situation or in the event of a serious disease epidemic, derogation from this principle may be permitted.

Medicinal products intended for food producing species may only be granted a marketing authorisation if the active substances they contain are listed in Regulation (EU) No 470/2009 on residue limits of veterinary medicinal products in foodstuffs of animal origin. By way of derogation, medicinal products containing active substances not covered by these provisions may be authorised for equidae which are not intended for human consumption.

No veterinary medicinal product may be administered to animals unless a marketing authorisation has been issued, except for the purpose of product testing.

Where there is no medicinal product for a condition, Member States may exceptionally, in order to avoid causing unacceptable suffering to the animals concerned, permit the administration to non-food producing animals of:

  • veterinary medicinal products authorised for use for another condition or with another animal species;
  • medicinal products for human use;
  • veterinary medicinal products prepared extemporaneously.

Additional conditions apply where such medicinal products are administered to food-producing animals. In particular, the active substances in these medicinal products must be listed in Regulation (EU) No 470/2009 and a minimum waiting time must be observed.

The authorisation is issued by the competent authority of the Member State concerned or, where the centralised procedure established by Regulation (EEC) No 726/2004 applies, by the European Agency for the Evaluation of Medicinal Products (“the Agency”). A marketing authorisation may only be granted to an applicant established in the EU.

Various particulars must be appended to the application for a marketing authorisation (composition and characteristics of the medicinal product, manufacturing method, therapeutic indications, contra-indications and adverse reactions, indication of the withdrawal period in order to limit the level of product residues in foodstuffs, control methods, results of toxicological and pharmacological tests and clinical trials, copy of any marketing authorisation or refusal of marketing authorisation issued in another Member State, etc.).

There are derogations to the requirement to provide certain information with the request for marketing authorisation, such as the law relating to the protection of industrial and commercial property. For example:

  • Applicants are not obliged to provide the results of safety tests, residue tests, pre-clinical trials and clinical trials if they can show that the medicinal product is a generic * of a medicinal product which has been authorised under this legislation for at least 8 years in the EU. Furthermore, a period of 10 years from the authorisation of the reference medicinal product * must be observed before a generic medicinal product can be marketed. This period is extended to 13 years in the case of medicinal products intended for certain species, particularly fish and bees;
  • Applicants are not obliged to provide the results of safety tests, residue tests, pre?clinical trials or clinical trials if they can show that the active substances in the medicinal product have been in well-established veterinary use in the EU for at least 10 years, that their efficacy is recognised and that they demonstrate an acceptable level of safety.

The documents and particulars supplied to the competent authorities must be drafted by experts with the requisite qualifications and analyses must be carried out in accordance with the guidelines in Annex 1.

Particular provisions applicable to homeopathic veterinary medicinal products

Member States may apply a special simplified registration procedure to homeopathic veterinary medicinal products (including homeopathic veterinary medicinal products intended for food-producing animals), provided they meet the following criteria:

  • the route of administration must be that described in the pharmacopoeias currently used officially in the Member States;
  • no specific therapeutic indication must appear on the labelling or in any information relating to the medicinal product;
  • there is a sufficient degree of dilution to guarantee the safety of the medicinal product.

At the time of registration, Member States determine the classification for the dispensing of the medicinal product.

Member States may introduce or retain specific rules for the testing of homeopathic veterinary medicinal products intended for pet animals and exotic species which are non food-producing. In this case, they must notify the Commission of the specific rules in force.

Procedure for marketing authorisation

The marketing authorisation procedure must be completed within 210 days.

Any request for authorisation in more than one Member State must be made in accordance with the centralised authorisation procedure (see below “Authorisations in more than one Member State and mutual recognition”). Thus, Member States must refuse to examine authorisation requests where an initial request is already being examined in another Member State.

If a single request is made, the competent authority of the Member State where it is made:

  • must check the information sent by the applicant;
  • may submit the medicinal product to an official laboratory test and require the applicant to provide further information or substances for testing.

Member States must ensure that manufacturers and importers of veterinary medicinal products from third countries also comply with the Community provisions.

The competent authority must inform the applicant of its decision to issue a marketing authorisation and draw up an assessment report on the dossier. This report must be updated whenever new information becomes available concerning the quality, efficacy or safety of the product.

Exceptionally, and for objective and verifiable reasons, the marketing authorisation may be subject to certain obligations as regards labelling, packaging, notification, etc.

Holders of a marketing authorisation must make any changes needed to ensure that the product is always manufactured and checked by means of up-to-date and generally accepted scientific methods. These changes are subject to the approval of the competent authority of the Member State concerned.

Furthermore, holders must notify the competent authority of certain relevant information concerning the medicinal product (the dates on which marketing begins and ends, expected changes to information provided to users etc.).

In the event of changes to the terms of marketing authorisations, the Commission adopts provisions by means of an implementing Regulation.

The marketing authorisation is valid for a renewable period of five years. After this period, it may be renewed for an unlimited period unless the competent authority decides only to renew it for a further five years.

An authorisation ceases to be valid if:

  • the relevant product is not actually placed on the market within three years;
  • an authorised medicinal product is no longer actually present on the market for a period of three years.

Authorisation will be refused if it is established that:

  • the risk-benefit balance of the veterinary medicinal product is not favourable (safety criterion);
  • it has no therapeutic effect or there is insufficient proof of such effect (efficacy criterion);
  • its qualitative and quantitative composition is not as declared (quality criterion);
  • the withdrawal period recommended by the applicant is not long enough to ensure that the level of residue in foodstuffs is sufficiently low;
  • the labelling or package leaflet is not in compliance with the relevant legislation;
  • the product is offered for sale for a prohibited use;
  • it presents a risk for public, consumer or animal health.

Authorisations in more than one Member State and mutual recognition

Marketing authorisation in more than one Member State may be given in two ways: either an application for authorisation is made in several countries at the same time, or the holder of an authorisation asks for this authorisation to be recognised in other countries:

  • when the same application is made in more than one Member State, the dossier filed in each of the Member States concerned must be identical. This dossier should comply with the standard authorisation procedure (see “Procedure for marketing authorisation” above) and contain the list of countries in which the application is made. The applicant nominates one Member State to act as “reference Member State”. This Member State is given the task of preparing the assessment report for the medicinal product and a draft labelling leaflet within 120 days. It then sends these to the other Member States concerned which have 90 days in which to comment.
  • when a medicinal product has already been authorised, the holder of the authorisation asks the Member State (or one of the Member States if there are several) to send the assessment report, which has been updated if necessary, to the other Member States concerned. They then have 90 days in which to decide whether they recognise this authorisation.

If there is disagreement between one of the Member States concerned and the reference Member State, particularly if one of them considers that the medicinal product poses a risk for human or animal health or for the environment, a conciliation procedure is organised between the Member States concerned. They have 60 days in which to reach an agreement. If no solution has been found by this deadline, the matter is referred to the Committee for Medicinal Products for Veterinary Use. This Committee then has 60 days (which can be extended by up to 90 days) in which to issue a reasoned opinion.

The applicant is entitled to appeal against the Committee’s opinion.

The Member States, the Commission and the holder of the marketing authorisation are notified by the Agency of the Committee’s final opinion.

The Commission takes a final decision on the application under the “regulatory procedure”. It is assisted by the Standing Committee on Veterinary Medicinal Products for the Adaptation to Technical Progress of the Directives on the Removal of Technical Barriers to Trade in the Veterinary Medicinal Products Sector (“the Standing Committee”).

In specific cases where the interests of the Community are involved, the application may be sent directly to the Committee for Medicinal Products for Veterinary Use.

Any application to vary a marketing authorisation must be submitted to all the Member States which have previously authorised the product concerned. In the event of disagreement, the Member States may institute a conciliation procedure (as described above).

Where a Member State considers that alteration, suspension or withdrawal of an authorisation is necessary to protect human or animal health or the environment, it shall forthwith refer the matter to the Agency for application of the conciliation procedure described above.
Pending a final decision, a Member State may, in exceptional and urgent cases, suspend the marketing and use of a veterinary medicinal product.

The Agency will publish an annual report on the application of the mutual recognition procedures. At least every ten years, the Commission must present a detailed report on the procedures, where necessary suggesting changes.

Manufacture and import

The Member States must make subject to the holding of an authorisation:

  • total or partial manufacture of the veterinary medicinal products and the various processes of dividing up, packaging or presentation (unless these processes are carried out by pharmacists for retail supply);
  • importing of veterinary medicinal products.

Applicants for manufacturing or import authorisations must have suitable premises and equipment and at least one qualified person (as defined in the Directive).

Before issuing the manufacturing or import authorisation, the competent authority of the Member State concerned must establish the accuracy of the particulars supplied by the applicant.

The authorisation granting procedure must not exceed 90 days (30 days for applications to amend an authorisation). This deadline may be suspended where the applicant has been asked to supply further information.

The holder of an authorisation is bound by certain obligations concerning staff, information, controls and premises and must keep detailed records of all veterinary medicinal products supplied by him. These records, and the holders’ premises, must be accessible to the competent authorities. He must also comply with the principles and guidelines of good manufacturing practices for medicinal products laid down in Directive 91/412/EEC.

The Commission (or, where applicable, the Council) is to adopt guidelines of good manufacturing practice for veterinary medicinal products.

Labelling and package leaflet

The containers and outer packages of veterinary medicinal products must carry specific information, viz.:

  • the name and composition of the product;
  • the manufacturer’s batch number and the marketing authorisation number;
  • the name or corporate name and address of the market authorisation holder or the manufacturer;
  • the species of animal for which the product is intended;
  • the withdrawal period for medicinal products for food-producing animals;
  • the expiry date;
  • any special precautions;
  • the words “For animal treatment only”.

In the case of ampoules, certain information on the outer packaging must also be given on the ampoules themselves. Where there is no outer packaging, all the particulars must be shown on the container.

The packaging of the veterinary medicinal product must contain an insert carrying the same information as on the packaging.

Non-observance of these labelling and package insert requirements may lead to the suspension or withdrawal of the marketing authorisation.

The labelling and package inserts of homeopathic veterinary medicinal products must be marked with the words “homeopathic veterinary medicinal product without approved therapeutic indications” and:

  • the scientific name of the stocks and the degree of dilution;
  • the name and address of the marketing authorisation holder;
  • the method of administration;
  • the expiry date;
  • the pharmaceutical form and capacity;
  • any special precautions;
  • target species;
  • the manufacturer’s batch number and registration number.

Possession, wholesale distribution and dispensing

Wholesale distribution of veterinary medicinal products is subject to the holding of an authorisation. The authorisation granting procedure must take no longer than 90 days.

In order to obtain an authorisation for distribution, the applicant must have suitable staff, premises and equipment.

The holder of the authorisation shall have an emergency plan which makes it possible to recall the product.

The holder of the authorisation must keep detailed records of each incoming or outgoing transaction. These records must be kept available for inspection by the competent authorities for at least three years.

The same requirement to keep detailed records applies to retailers. Member States must ensure that retail supply is carried out only by persons permitted to do so under their national legislation.

A prescription is required for dispensing to the public certain medicinal products specified in the Directive:

  • products subject to official (international or European) restrictions;
  • medicinal products for food-producing animals;
  • products in respect of which special precautions must be taken to avoid risks to animals, humans or the environment;
  • products which require a precise prior diagnosis or which may interfere with diagnosis or therapeutic measures;
  • official formulae * intended for food-producing animals;
  • new veterinary medicinal products containing active substances which have been authorised for less than five years.

Specific obligations apply to the possession of and keeping of records on medicinal products with anabolic, anti-infectious, anti-parasitic, anti-inflammatory, hormonal or psychotropic properties.

Under certain conditions, veterinarians providing services in another Member State can take with them small quantities of ready-made veterinary medicinal products (other than immunological products) even if they are not authorised for use in the Member State concerned.

Member States may prohibit the manufacture, import, possession, sale, supply or use of immunological medicinal products if they can show that:

  • the use of these products will interfere with a national disease eradication programme; or
  • the disease for which the medicinal product is intended is largely absent from their country.

Pharmacovigilance

Member States are expected to encourage the reporting of adverse effects to the competent authorities.

They must establish a pharmacovigilance system to collect all useful information on veterinary medicinal products, with particular reference to adverse reactions in animals. This information is to be collated with data on consumption and on the misuse or serious abuse of veterinary medicinal products.

The marketing authorisation holder must appoint an appropriately qualified person responsible for pharmacovigilance. This person must be resident in the European Union and is responsible for managing an information system on adverse reactions and for providing information to the competent authorities.

The authorisation holder must:

  • report any suspected serious adverse reaction to the competent authority (within 15 days);
  • keep detailed records on any other adverse reaction. These records must be submitted to the competent authorities at regular intervals.

Member States must ensure that reports of suspected adverse reactions are brought to the attention of the Agency and the authorisation holder (within 15 days).

The Commission is to draw up guidelines on the adverse reaction notification system.

Where, on the basis of an adverse reaction report, the competent authority of a Member State considers that a marketing authorisation should be altered, suspended or withdrawn, it must forthwith inform the Agency and the authorisation holder. In the event of urgency, the competent authority may suspend the marketing of the veterinary medicinal product concerned.

Monitoring and sanctions

The competent authority may inspect manufacturing and trading establishments and laboratories to ensure that the legal requirements are complied with, including those of manufacturers established in a third country.

Following such an inspection, the officials representing the competent authority report on whether the principles of good manufacturing practice are being complied with. The manufacturers concerned are informed of the content of such reports.

Holders of marketing authorisations for immunological medicinal products must ensure that representative samples are available for tests. Member States may, if they consider it necessary, require these samples to be submitted to an approved laboratory for testing before being placed on the market.

The competent authorities of the Member States shall suspend or withdraw marketing authorisation when it is clear that:

  • the product proves to be very harmful;
  • it lacks therapeutic efficacy;
  • its qualitative and quantitative composition is not as declared;
  • the recommended withdrawal period is inadequate;
  • the product is offered for sale for a prohibited use;
  • the information given is incorrect;
  • the required tests have not been carried out.

The marketing authorisation may also be suspended, withdrawn or amended where:

  • certain necessary changes have not been made to the information in the product dossier;
  • new information has not been communicated to the competent authorities.

Member States must take all necessary measures to ensure that supply of a veterinary medicinal product is prohibited in the following cases:

  • the product proves to be very harmful;
  • it lacks therapeutic efficacy;
  • its qualitative and quantitative composition is not as declared;
  • the recommended withdrawal period is inadequate;
  • the required tests have not been carried out.

The manufacturing authorisation is withdrawn if the requirements valid at the time of application (suitable premises and equipment and at least one qualified person as defined in the Directive) are no longer met.

Member States must take measures to encourage veterinarians or other professionals concerned to report any adverse reaction to medicinal products to the competent authorities.

General provisions

The competent authorities in the Member States are bound by a mutual information obligation. Where there is a serious difference in opinion in respect of a report drawn up following an inspection, the Member States concerned must inform the Commission. The Commission may then ask for a new inspection.

Member States must ensure that the Agency is informed of all decisions concerning marketing authorisations applications.

Marketing authorisation holders must notify the Member States forthwith of any action taken to withdraw or suspend the marketing of a veterinary medicinal product. The Member States are responsible for ensuring that this information is brought to the attention of the Agency and, in the case of products exported to third countries, to the relevant international organisations.

The general mutual information obligation also applies to homeopathic medicinal products.

At the request of a manufacturer or exporter of veterinary medicinal products or of an importing country, Member States will certify that the manufacturer in question holds an authorisation.

Decisions to grant or revoke a marketing authorisation shall be made publicly available.

Member States will not permit foodstuffs for human consumption to be taken from test animals, unless:

  • maximum residue limits have been established (in accordance with Regulation (EU) No 470/2009);
  • a minimum withdrawal period has been established.

Member States shall set up appropriate collection systems for veterinary medicinal products that are unused or expired.

Two annexes are attached to the Community code:

  • Annex I on the requirements and analytical protocol, safety tests, pre-clinical and clinical, for tests of veterinary medicinal products;
  • Annex II listing the Directives repealed by this Directive, together with their successive amended versions.

Background

In November 2001, the Commission presented an important revision of Community legislation on pharmaceutical products. This “legislative package”, which was adopted in March 2004, consists of three instruments:

  • a regulation amending Community procedures for the authorisation, supervision and pharmacovigilance of medicinal products for human and veterinary use and establishing a European Medicines Agency;
  • a directive amending the Community code relating to medicinal products for human use;
  • a directive amending the Community code relating to veterinary medicinal products, which is the subject of this factsheet.
Key terms
  • Generic medicinal product: a medicinal product which has the same qualitative and quantitative composition in active substances and the same pharmaceutical form as the reference medicinal product, and whose bioequivalence with the reference medicinal product has been demonstrated by appropriate bioavailability studies.
  • Reference medicinal product: a medicinal product authorised in accordance with these regulations;
  • Official formulae: medicinal products prepared in a pharmacy in accordance with the prescriptions of a pharmacopoeia and intended to be supplied directly to the end-user

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2001/82/EC

18.12.2001

OJ L 311 of 28.11.2001

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 2004/28/EC

30.4.2004

30.10.2005

OJ L 136 of 30.4.2004

Directive 2009/53/EC

20.7.2009

20.1.2009

OJ L 168 of 30.6.2009

Regulation No 470/2009/EC

6.7.2009

OJ L 152 of 16.6.2009

Regulation No 596/2009/EC

7.8.2009

OJ L 188 of 18.7.2009

The successive amendments and corrigenda to Directive 2001/82/EC have been incorporated into the basic text. This consolidated versionis of documentary value only.

This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal text.

Exemptions for certain horizontal agreements

Exemptions for certain horizontal agreements

Outline of the Community (European Union) legislation about Exemptions for certain horizontal agreements

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Other

Exemptions for certain horizontal agreements

Document or Iniciative

Council Regulation (EEC) No 2821/71 of 20 December 1971 on the application of Article 81(3) (formerly Article 85(3)) of the EC Treaty to categories of agreements, decisions and concerted practices [See amending act(s)].

Summary

The Commission may grant individual exemptions to certain agreements, decisions and concerted practices that meet the conditions of Article 81(3) of the Treaty establishing the European Community (EC Treaty) (now Article 101(3) of the Treaty on the Functioning of the European Union (TFEU)). It may also grant block exemptions by way of regulation. This regulation enables the Commission to exempt certain agreements, decisions and concerted practices by way of a block exemption.

Scope

This regulation enables the Commission to apply, by way of regulation, Article 81(3) of the EC Treaty to certain agreements, decisions and concerted practices which have as their object:

  • the research and development of products or processes and exploitation of the results, including provisions regarding industrial property rights and confidential technical knowledge;
  • specialisation, including agreements necessary for achieving it.

Conditions for the exemption regulations

The exemption regulations laid down by the Commission must meet a number of conditions. They must:

  • contain a definition of the categories of agreements, decisions and concerted practices to which they apply and specify the restrictions, clauses or other conditions which may appear in them;
  • apply for a limited period, although they may be amended or repealed;
  • apply with retroactive effect to agreements which, at their date of entry into force, might have benefited from a decision issued with retroactive effect under Article 6 of Regulation No 17 (EEC)Regulation No 17 (EEC). They do not apply to agreements that existed prior to 13 March 1962 or had to be notified before 1 February 1963.

The regulations concerned must comply with the following approval procedure:

  • a draft must be published to enable all persons and organisations concerned to submit their comments to the Commission;
  • the Commission must consult the Advisory Committee on Restrictive Practices and Monopolies before publishing a draft or adopting a regulation;
  • where the Commission, either on its own initiative or at the request of a European Union (EU) country or of natural or legal persons, finds that, in any particular case, agreements, decisions or concerted practices to which an exemption regulation applies nevertheless have certain effects which are incompatible with the conditions laid down in Article 81(3), it may adopt a decision withdrawing the benefit of the regulation.

In applicant countries, this regulation will enter into force on the date of the country’s accession to the EU.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EEC) No 2821/71

18.1.1972

OJ L 285 of 29.12.1971

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EEC) No 2743/72

1.1.1973

OJ L 291 of 28.12.1972

Regulation (EC) No 1/2003

24.1.2003

1.5.2004

OJ L 1 of 4.1.2003

Successive amendments and corrections to Regulation (EEC) No 2821/71 have been incorporated into the basic text. This consolidated version is for reference only.

Rights of passengers in bus and coach transport

Rights of passengers in bus and coach transport

Outline of the Community (European Union) legislation about Rights of passengers in bus and coach transport

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Mobility and passenger rights

Rights of passengers in bus and coach transport

Document or Iniciative

Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport.

Summary

Subject to certain exceptions, this regulation applies to passengers travelling with regular services * for non-specified categories of passengers where either the boarding or the alighting point is within the European Union (EU) and where the scheduled distance of the service is 250 km or more. Some of its provisions apply to all services, including those of shorter distance. The provisions of this regulation will apply as from 1 March 2013.

The new rights applicable to long distance services (i.e. of more than 250 km) include, amongst others:

  • adequate assistance (snacks, meals and refreshments as well as, if necessary, up to two nights’ hotel accommodation, for a total amount of € 80 per night, except in case of severe weather conditions and major natural disasters) in situations of cancellation or following a delay of more than 90 minutes in the case of a journey of more than three hours;
  • guarantee of reimbursement or rerouting in situations of overbooking or in case of cancellation or following a delay of more than 120 minutes from the estimated time of departure;
  • compensation of 50 % of the ticket price following more than 120 minutes’ delay from the estimated time of departure, cancellation of a journey and if the carrier fails to offer the passenger either rerouting or reimbursement;
  • information when the service is cancelled or delayed in departure;
  • protection of passengers in case of death, injury, loss or damage caused by road accidents, particularly with regard to immediate practical needs in case of accident (including up to two nights’ hotel accommodation, for a total amount of € 80 per night);
  • specific assistance free of charge for disabled persons and persons with reduced mobility both at terminals and on board and, where necessary, transport free of charge for accompanying people.

Additionally, the following rights will be applicable to all services (including those below 250 km):

  • non-discrimination based either directly or indirectly on nationality, with respect to tariffs and contract conditions for passengers;
  • non-discriminatory treatment of disabled persons and persons with reduced mobility as well as financial compensation for loss or damage of their mobility equipment in case of accident;
  • minimum rules on travel information for all passengers before and during their journey as well as general information about their rights in terminals and online; where feasible, this information shall be provided in accessible formats upon request, in the interest of the persons with reduced mobility;
  • a complaint handling mechanism established by carriers and available to all passengers;
  • independent national bodies in each EU country with the mandate to enforce the regulation and, where appropriate, to impose penalties.
Key terms used in the act
  • Regular services: services which provide for the carriage of passengers by bus or coach at specified intervals along specified routes, passengers being picked up and set down at predetermined stopping points.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EU) No 181/2011

20.3.2011

OJ L 55, 28.2.2011