European Parliament adopts its position on EU pharmaceutical reform in plenary

18 September 2024

On 11 March 2024, the European Parliament’s Committee on Environment, Public Health, and Food Safety (ENVI) adopted two reports on the EU Pharmaceutical Package: the 2023/0132(COD) Directive on medicinal products for human use and the 2023/0131(COD) Regulation on authorisation and supervision of medicinal products for human use and governing rules for the European Medicines Agency.

The ENVI Committee suggested raising the EU’s research standing, making it a more attractive market for innovation. It calls for mandatory data protection schemes for at least seven and a half years for new medicines and a period of two years of market protection, during which generic or biosimilar products may not be sold following market authorisation. Extensions would only be granted under certain conditions, such as drug unavailability or during clinical trials. Drugs that meet a ‘high unmet medical need’ or are orphan drugs could gain up to 11 years of market exclusivity, during which competing products cannot enter the market.

New protocols will be developed to regulate the rational use of antimicrobial drugs, such as prescriptions being issued only for necessary dosages and limited timeframes. Additionally, there is a push for the discovery and development of new drugs, and companies will be required to provide environmental risk assessments for medicinal products that cover their entire life cycle.

A debate and vote took place in the European Parliament’s April I plenary session. On 10 April 2024, the Parliament fully supported the ENVI position without changes. It adopted its position at first reading with 495 votes in favour, 57 against, and 45 abstentions for the directive, and 488 votes in favour, 67 against, and 34 abstentions for the regulation.

More specifically, EHMA and the EPACT Alliance succeeded in the following:

New amendments adopted in plenary:

  • (Directive – Recital 123) Recognised the crucial role of pharmacists in both primary care and hospital settings, stressing their importance in the safe use of medicinal products and the implementation of electronic package leaflets.
  • (Directive – Article 106 paragraph 5 a) Ensured that reports of adverse reactions due to incorrect administration or dispensation of medicinal products are included in the EUDRAVigilance database, with Member States taking corrective actions to maintain high safety standards.
  • (Regulation – Article 121 paragraph 2 a) Facilitated the establishment of interoperable national IT systems with the European Medicines Safety Portal (ESMP), enabling automated information exchange and preventing reporting duplication.
  • (Regulation – Article 121 paragraph 1 point b a) Advocated for a system allowing patients to report medicinal product shortages and requiring hospital pharmacies to electronically communicate stock data to mitigate supply shortages.

Amendments previously adopted in the ENVI report:

  • (Directive – Article 66) Introduced the progressive use of standardised single-unit dose barcodes, such as GS1 standards, on medication packaging to reduce the risk of medication errors.
  • (Regulation – Article 101) Strengthened reporting mechanisms for adverse drug reactions to include reports of unintended medication errors in the EUDRAVigilance database.
  • (Regulation – Article 111) Improved the quality and safety of medicinal products by promoting hospital risk management and patient safety plans to reduce harm from medication errors.
  • (Regulation – Article 121) Highlighted the importance of sharing information on hospital medication stocks with regulatory agencies for the ESMP to manage and prevent shortages.
  • (Directive – Recital 137) Recognised hospitals as key stakeholders in managing and mitigating the impact of shortages on patients and healthcare professionals.

EHMA calls on the Council to:

  • (Regulation – Article 4) Include the definition of adverse reaction, as defined in Directive 2010/84/EU, in both the proposed Regulation and Directive.

Next Steps:

The files are now in the hands of the Council, which has not yet adopted its position. During the EPSCO Council meeting on 21 June 2024, the Belgian presidency presented the state of play of the package (‘progress report’) to the Board of Ministers. A policy debate on the incentives system in the pharmaceutical package took place.

Work will continue under the Hungarian Presidency (July-December 2024), and the new Parliament will take over the institutional negotiations.

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