Directive 2009/120 - Amendment of Directive 2001/83/EC on the EC code relating to medicinal products for human use as regards advanced therapy medicinal products

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1.

Current status

This directive has been published on September 15, 2009, entered into force on October  5, 2009 and should have been implemented in national regulation on April  5, 2010 at the latest.

2.

Key information

official title

Commission Directive 2009/120/EC of 14 September 2009 amending Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use as regards advanced therapy medicinal products
 
Legal instrument Directive
Number legal act Directive 2009/120
CELEX number i 32009L0120

3.

Key dates

Document 14-09-2009
Publication in Official Journal 15-09-2009; Special edition in Croatian: Chapter 13 Volume 059,OJ L 242, 15.9.2009
Effect 05-10-2009; Entry into force Date pub. + 20 See Art 3
End of validity 31-12-9999
Transposition 05-04-2010; At the latest See Art 2.1

4.

Legislative text

15.9.2009   

EN

Official Journal of the European Union

L 242/3

 

COMMISSION DIRECTIVE 2009/120/EC

of 14 September 2009

amending Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use as regards advanced therapy medicinal products

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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 (1), and in particular Article 120 thereof,

Whereas:

 

(1)

Medicinal products for human use may only be placed on the market if a marketing authorisation has been delivered by a competent authority on the basis of an application dossier containing the results of tests and trials carried out on the products concerned.

 

(2)

Annex I to Directive 2001/83/EC lays down detailed scientific and technical requirements regarding the testing of medicinal products for human use against which the quality, safety and efficacy of the medicinal product should be assessed. Those detailed scientific and technical requirements should be regularly adapted to take account of scientific and technical progress.

 

(3)

Due to scientific and technical progress in the field of advanced therapies, as reflected in Regulation (EC) No 1394/2007 of the European Parliament and of the Council of 13 November 2007 on advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004 (2), it is appropriate to adapt Annex I. The definitions and detailed scientific and technical requirements for gene therapy medicinal products and somatic cell therapy medicinal products should be updated. Moreover, detailed scientific and technical requirements should be established for tissue engineered products, as well as for advanced therapy medicinal product containing devices and combined advanced therapy medicinal products.

 

(4)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Medicinal Products for Human Use,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Part IV of Annex I to Directive 2001/83/EC is replaced by the text set out in the Annex to this Directive.

Article 2

  • 1. 
    Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 5 April 2010 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

  • 2. 
    Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 14 September 2009.

For the Commission

Günter VERHEUGEN

Vice-President

 

 

ANNEX

‘PART IV

ADVANCED THERAPY MEDICINAL PRODUCTS

  • 1. 
    INTRODUCTION

Marketing authorisation applications for advanced therapy medicinal products, as defined in point (a) of Article 2(1) of Regulation (EC) No 1394/2007, shall follow the format requirements (Modules 1, 2, 3, 4 and 5) described in Part I of this Annex.

The technical...


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This text has been adopted from EUR-Lex.

 

5.

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