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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2003/20032957.html

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2003 No. 2957

MEDICINES

The Medicines (Products for Animal Use - Fees) (Amendment) Regulations 2003

  Made 17th November 2003 
  Laid before Parliament 19th November 2003 
  Coming into force 18th December 2003 

The Secretary of State for Environment, Food and Rural Affairs, the Department of Health, Social Services and Public Safety and the Department of Agriculture and Rural Development, acting jointly, with the consent of the Treasury, in exercise of the powers conferred by section 1(1), (2) and (3)(b) of the Medicines Act 1971,[1] and now vested in them[2];

Title, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Medicines (Products for Animal Use - Fees) (Amendment) Regulations 2003, and shall come into force on 18th December 2003.

    (2) In these Regulations, "the principal Regulations" means the Medicines (Products for Animal Use - Fees) Regulations 1998[
7].

Amendment of regulations 2, 3, 12 to 17 and 19 of the Medicines (Products for Animal Use - Fees) Regulations 1998
     2.  - (1) Regulations 2, 3, 12 to 17 and 19 of the principal Regulations shall be amended as specified in this regulation.

    (2) In regulation 2 (Interpretation) - 

    (3) For regulation 3, substitute:

    (4) In regulation 12 (manufacturer's licences: annual fees), for "an annual fee of £215", substitute "an annual fee of £220".

    (5) In regulation 13 (wholesale dealer's licences: annual fees),

    (6) In regulation 14 (registration of homoeopathic veterinary medicinal products),

    (7) In regulation 15 (marketing authorisations, product licences and animal test certificates: fees for references to the Veterinary Products Committee or to the Medicines Commission),

    (8) Regulation 16 (payment of fees) shall be amended as follows:

    (9) In regulation 17 (time for payment of fees) - 

    (10) In regulation 19(2), for "Directive 81/851/EEC" substitute "Directive 2001/82/EC".

Amendment of the Schedules to the Medicines (Products for Animal Use - Fees) Regulations 1998
    
3.  - (1) The Schedules to the principal Regulations shall be amended as specified in this regulation.

    (2) In Schedule 1 - 

    (3) In Schedule 3 in Part II (Calculation of Annual Fees), in paragraph 1, for "£280", substitute "£290".

    (4) In Schedule 5 (Fees Relating to Applications for Registration of Homoeopathic Veterinary Medicinal Products) - 

    (5) In Schedule 6 ("Marketing Authorisations, Product Licences and Animal Test Certificates: Fees for references to the Veterinary Products Committee or to the Medicines Commission"), after paragraph 2, add the following new paragraph - 

    (6) In Schedule 7, paragraph 4(1)(c) for "Article 9 of Directive 81/851/EEC" substitute "Article 23 of Directive 2001/82/EC".

    (7) The provisions of the principal Regulations as to fees which are set out in column (1) of Schedule 4 to these Regulations shall be amended by substituting for the corresponding old fee, set out in column (3), the new fee set out alongside it in column (4) of that Schedule.

Transitional arrangements
    
4.  - (1) Subject to paragraphs (2), (3) and (4), these Regulations shall not apply in respect of any application made before these Regulations come into force or in respect of annual fees based on turnover in a past calendar year.

    (2) The fee for any inspection made after these Regulations come into force in connection with any application made before they come into force is the fee specified in these Regulations.

    (3) The fee for the renewal of a marketing authorisation, licence or certificate is the fee payable at the time the renewal is due.

    (4) These regulations apply in respect of annual fees which are calculated on turnover in the calendar year 2002 and which remain payable.


Ben Bradshaw
Parliamentary Under Secretary, Department for Environment, Food and Rural Affairs

14th November 2003



Sealed with the Official Seal of the Department of Health, Social Services and Public Safety

L.S.


D. Kenny
A Senior Officer of the Department of Health, Social Services and Public Safety

12th November 2003



Sealed with the Official Seal of the Department of Agriculture and Rural Development

L.S.


Pat Toal
Permanent Secretary, Department of Agriculture and Rural Development

11th November 2003



We consent


Nick Ainger

Joan Ryan
Two of the Lords Commissioners of Her Majesty's Treasury

17th November 2003



SCHEDULE 1
Regulation 2(2)(a)


Amendments to regulation 2(1) of the principal Regulations


     Text Amendment
1. In the definition of "assistance in connection with a mutual recognition application" (a) for "the second paragraph of Article 17.3 of the Directive 81/851/EEC" substitute:

" the second paragraph of Article 32.1 of Directive 2001/82/EC"

    (b) for "specified in Articles 18.2 and 18.3" substitute:

" specified in Article 33"

2. After "Directive 92/74" Add the following new definition:

    " "Directive 2001/82/EC" means Directive 2001/82/EC of 6th November 2001 on the Community code relating to veterinary medicinal products;"

3. To the definition of "EEA Agreement" for "as amended by the Decision of the EEA Joint Committee No 7/94;" substitute:

    " amended as at the date of making of the Medicines (Products for Animal Use - Fees) (Amendment) Regulations 2003;"

4. After the definition of "EEA State" Add the following new definition:

    " "export certificate" means a certificate issued under section 50 of the Act;"

5. After the definition of "the Ministers" Add the following new definition:

    " "mutually recognised marketing authorisation" means a marketing authorisation which has a mutual recognition from a member State;"

6. After the definition of "Regulation (EC) No 541/95" Add the following new definition:

    " "Regulation (EC) No 1084/2003" means Commission Regulation (EC) No 1084/2003 of 3rd June 2003 concerning the examination of variations to the terms of a marketing authorisation for medicinal products for human use and veterinary medicinal products granted by a competent authority of a Member State;"

7. After the definition of "relevant authority" add the following new definitions:

    " "specific batch control" means consideration by the licensing authority of a marketing authorisation or animal test certificate holder's documentation relating to a specific batch of a veterinary medicinal product (other than an immunological product) where the quality characteristics of that batch, or of a starting material used during its manufacture, differ from those detailed in the marketing authorisation or animal test certificate, so that the licensing authority may, prior to the release of the batch in question onto the market, form a view as to whether action under the 1994 Regulations would be required either to instigate a recall or to prohibit the supply of the veterinary medicinal product should the batch be placed on the market;

"starting material" means in relation to specific batch control a material required to produce the finished veterinary medicinal product for sale, and includes the finished product's container and packaging;"

8. In the definition of "variation with extras" after "falling within Annex II to Regulation (EC) No 541/95" add:

    " except in the case of a mutually recognised marketing authorisation, where it means changes falling within Annex II to Regulation (EC) No 1084/2003"

9. In the definition of "Veterinary Medicinal Product" for "Directive 81/851/EEC" substitute "Directive 2001/82/EC"








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