Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 16th December, 2016.
I, Simon Harris, Minister for Health, in exercise of the powers conferred on me by sections 13 and 32 (as amended by
sections 15
and
16
of the
Irish Medicines Board (Miscellaneous Provisions) Act 2006
(No. 3 of 2006)) of the
Irish Medicines Board Act 1995
(No. 29 of 1995), hereby make the following regulations:
1. These Regulations may be cited as the Health Products Regulatory Authority (Fees) Regulations 2016.
2. In these Regulations—
“Act” means the
Irish Medicines Board Act 1995
(No. 29 of 1995), as amended by s. 197 of the
Finance Act 1999
(No. 2 of 1999), Regulation 3 of the European Communities (In Vitro Diagnostic Medical Devices) Regulations 2001 (
S.I. No. 304 of 2001
), Regulation 2 of the European Communities (Medical Devices) (Amendment) Regulations 2001 (
S.I. No. 444 of 2001
), Regulation 3 of the European Communities (Medical Devices) (Amendment) Regulations 2002 (
S.I. No. 576 of 2002
), the
Irish Medicines Board (Miscellaneous Provisions) Act 2006
(No. 3 of 2006), the European Communities (Amendment of the Medicines Board Act 1995) Regulations 2007 (
S.I. No. 542 of 2007
) and
section 36
of the
Health (Pricing and Supply of Medical Goods) Act 2013
;
“active substances register” means the register of importers, manufacturers and distributors of active substances maintained by the Authority in pursuance of Regulation 14D (inserted by Regulation 7 of the Medicinal Products (Control of Manufacture) (Amendment) Regulations 2013 (
S.I. No. 163 of 2013
)) of the Medicinal Products (Control of Manufacture) Regulations 2007 (
S.I. No. 539 of 2007
);
“authorised representative” means a person established within the European Economic Area who, explicitly designated by the manufacturer, acts for the manufacturer and may be addressed by authorities and bodies in the European Economic Area instead of the manufacturer with respect to the European Communities (Medical Devices) Regulations 1994 to 2009, the European Communities (Active Implantable Medical Devices) Regulations 1994 to 2009, or the European Communities (In Vitro Diagnostic Medical Devices) Regulations 2001 to 2012;
“Authority” means the Health Products Regulatory Authority established by section 3 of the Act;
“breeder authorisation” means an authorisation granted to a breeder under Part 6 of the European Union (Protection of Animals used for Scientific Purposes) Regulations 2012 to 2016;
“broker” means a person carrying out the brokering of medicinal products, as defined in Regulation 4(1) (as amended by Regulation 3 of the Medicinal Products (Control of Wholesale Distribution) (Amendment) Regulations 2013 (
S.I. No. 164 of 2013
)) of the Medicinal Products (Control of Wholesale Distribution) Regulations 2007 (S.I. 538 of 2007);
“brokers register” means the register maintained by the Authority in pursuance of Regulation 14D (inserted by Regulation 6 of the Medicinal Products (Control of Wholesale Distribution) (Amendment) Regulations 2013) of the Medicinal Products (Control of Wholesale Distribution) Regulations 2007;
“certificate of free sale” means a certificate of free sale issued under section 4(1)(k)(ii) of the Act;
“certificate of registration” means a certificate of registration granted pursuant to the Medicinal Products (Control of Placing on the Market) Regulations 2007 to 2014;
“certificate of traditional-use registration” means a certificate of traditional-use registration granted pursuant to the Medicinal Products (Control of Placing on the Market) Regulations 2007 to 2014 in respect of a traditional herbal medicinal product;
“certification of documents” means the certification, under section 4(1)(k)(ii) of the Act, of documents not being certificates of free sale or export certificates;
“complex dossier” refers to an application accompanied by a full dossier in accordance with Directive 2001/83/EC;
“decentralised procedure” means the decentralised procedure for human medicinal products provided for in Directive 2001/83/EC;
“Directive 2001/83/EC” means Directive 2001/83/EC of the European Parliament and of the Council of 6 November 20011
, as amended by Directive 2002/98/EC of the European Parliament and of the Council of 27 January 20032
, Commission Directive 2003/63/EC of 25 June 20033
, Directive 2004/24/EC of the European Parliament and of the Council of 31 March 20044
, Directive 2004/27/EC of the European Parliament and of the Council of 31 March 20045
, Regulation (EC) No. 1901/2006 of the European Parliament and of the Council of 12 December 20066
, Regulation (EC) No. 1394/2007 of the European Parliament and of the Council of 13 November 20077
, Directive 2008/29/EC of the European Parliament and of the Council of 11 March 20088
, Directive 2009/53/EC of the European Parliament and of the Council of 18 June 20099
, Commission Directive 2009/120/EC of 14 September 200910
, Directive 2010/84/EU of the European Parliament and of the Council of 15 December 201011
, Directive 2011/62/EU of the European Parliament and of the Council of 8 June 201112
and Directive 2012/26/EU of the European Parliament and of the Council of 25 October 201213
.
“distributor”, in the context of medical devices, means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a medical device available on the market;
“listed organisation” has the meaning assigned to it by Regulation 4(1) (as amended by Regulation 3 of the Medicinal Products (Prescription and Control of Supply) (Amendment) (No. 2) Regulations 2015 (
S.I. No. 449 of 2015
)) of the Medicinal Products (Prescription and Control of Supply) Regulations 2003 (
S.I. No. 540 of 2003
);
“export certificate” means a certificate issued under section 4(1)(k)(ii) of the Act;
“follow-up inspections” means inspections other than routine inspections;
“homeopathic medicinal product” has the meaning assigned to it by Regulation 3(1) of the Medicinal Products (Control of Placing on the Market) Regulations 2007 (
S.I. No. 540 of 2007
);
“individual authorisation” means an authorisation granted to an individual under Part 8 of the European Union (Protection of Animals used for Scientific Purposes) Regulations 2012 to 2016;
“manufacturer”, in the context of medical devices, means—
(a) a person who is responsible for the design, manufacture, packaging and labelling of a medical device before it is placed on the market under his or her own name, regardless of whether these operations are carried out by that person himself or herself or on his or her behalf by a third party, or
(b) a person who assembles, packages, processes, fully refurbishes or labels one or more ready-made products or assigns to them their intended purpose as a medical device with a view to their being placed on the market under his or her own name, but not including a person who assembles or adapts medical devices already on the market to their intended purpose for an individual patient;
“manufacturer’s authorisation” means an authorisation granted pursuant to the Medicinal Products (Control of Manufacture) Regulations 2007 to 2013;
“manufacturing site”, in the context of medical devices, means a site where an entity—
(a) manufactures a medical device,
(b) manufactures critical components of a medical device to a set of specifications,
(c) carries out packaging activities in relation to a medical device, or
(d) carries out labelling activities in relation to a medical device;
“marketing authorisation” means an authorisation granted pursuant to the Medicinal Products (Control of Placing on the Market) Regulations 2007 to 2014;
“medical device” means any instrument, apparatus, appliance, software, material or other article, whether used alone or in combination, including the software intended by its manufacturer to be used specifically for diagnostic or therapeutic purposes and necessary for its proper application, intended by the manufacturer to be used for human beings for the purpose of—
(a) diagnosis, prevention, monitoring, treatment or alleviation of disease,
(b) diagnosis, monitoring, treatment, alleviation of or compensation for an injury or handicap,
(c) investigation, replacement or modification of the anatomy or of a physiological process, or
(d) control of conception,
and which does not achieve its principal intended action in or on the human body by pharmacological, immunological or metabolic means, even if it is assisted in its function by such means, and includes—
(i) an in vitro diagnostic medical device in accordance with the European Communities (In Vitro Diagnostic Medical Devices) Regulations 2001 to 2012, and
(ii) an active implantable medical device in accordance with the European Communities (Active Implantable Medical Devices) Regulations 1994 to 2009;
“mutual recognition procedure” means the mutual recognition procedure for human medicinal products provided for in Directive 2001/83/EC;
“national rules scheme” means the national rules governing the granting of marketing authorisation in respect of homeopathic medicinal products, as provided in Regulation 11 of the Medicinal Products (Control of Placing on the Market) Regulations 2007;
“notified body” means, in relation to any task, a body designated and notified in respect of that task in accordance with the European Communities (Medical Devices) Regulations 1994 to 2009, the European Communities (Active Implantable Medical Devices) Regulations 1994 to 2009, or the European Communities (In Vitro Diagnostic Medical Devices) Regulations 2001 to 2012;
“organ establishment authorisation” means an authorisation granted pursuant to the European Union (Quality and Safety of Human Organs Intended for Transplantation) Regulations 2012 and 2014;
“parallel import licence” has the meaning assigned to it by Regulation 3(1) of the Medicinal Products (Control of Placing on the Market) Regulations 2007;
“project” means a programme of work having a defined scientific objective and involving one or more procedures pursuant to the European Union (Protection of Animals used for Scientific Purposes) Regulations 2012 to 2016;
“project authorisation” means an authorisation granted pursuant to the European Union (Protection of Animals used for Scientific Purposes) Regulations 2012 to 2016;
“reduced dossier — complex” refers to an application for a generic medicinal product accompanied by a reduced dossier but containing additional data in circumstances required by Directive 2001/83/EC;
“reduced dossier — standard” refers to an application for a generic medicinal product accompanied by a reduced dossier in accordance with Directive 2001/83/EC;
“service item” means an application for a medicinal product designated by the Authority as qualifying for a reduced application fee on the basis that the product has limited but important uses for which no alternative authorised product exists;
“subsequent extension applications” means applications in relation to additional pharmaceutical forms and strengths of a medicinal product, made subsequent to the first application in relation to that product;
“supplier authorisation” means an authorisation granted pursuant to the European Union (Protection of Animals used for Scientific Purposes) Regulations 2012 to 2016;
“switching applications” means applications for a change in the classification of medicinal products under Title VI of Directive 2001/83/EC;
“traditional herbal medicinal product” has the meaning assigned to it by Regulation 3(1) of the Medicinal Products (Control of Placing on the Market) Regulations 2007;
“type IB variation” and “type II standard variation” shall be classified by the Authority in accordance with Commission Regulation (EC) No. 1234/2008 of 24 November 200814
, as amended by Commission Regulation (EU) No 712/2012 of 3 August 201215
;
“user authorisation” means an authorisation granted to a user pursuant to the European Union (Protection of Animals used for Scientific Purposes) Regulations 2012 to 2016;
“wholesaler’s authorisation” means an authorisation granted pursuant to the Medicinal Products (Control of Wholesale Distribution) Regulations 2007 to 2013.
3. Subject to Regulation 4, there shall be paid to the Authority in respect of each and every matter set out in column 1 of the Schedule the fee as set out in column 2 of the Schedule.
4. The Authority may, in circumstances where it considers it appropriate to do so, waive, remit or refund, either in whole or in part, any fee that would otherwise be payable to it under Regulation 3.
5. The Health Products Regulatory Authority (Fees) Regulations 2015 (
S.I. No. 599 of 2015
) are revoked.
SCHEDULE
COLUMN 1
COLUMN 2
Fees for national applications for marketing authorisations
€
Complex dossier
National application
15,211
Each additional form (same time)
5,090
Each additional strength (same time)
656
Additional drug master file submitted
3,251
Reduced dossier — complex
National application
11,329
Each additional form (same time)
5,090
Each additional strength (same time)
656
Additional drug master file submitted
3,251
Reduced dossier — standard
National application
7,658
Each additional form (same time)
5,090
Each additional strength (same time)
656
Additional drug master file submitted
3,251
Subsequent extension applications
First additional form
7,658
Each additional form (same time)
5,090
First additional strength (existing form)
2,756
Each additional strength (same time)
656
Additional drug master file submitted
3,251
Fees for applications for marketing authorisations using mutualrecognition procedure and decentralised procedure
Complex dossier
Mutual recognition incoming
10,647
Each additional form (same time)
3,660
Each additional strength (same time)
656
Outgoing mutual recognition supplement
10,962
Decentralised incoming
15,211
Decentralised outgoing
40,000
Each additional form (same time)
5,090
Each additional strength (same time)
656
Additional supplement where there are 15 or more concerned Member States
1,000
Reduced dossier — complex
Mutual recognition incoming
8,077
Each additional form (same time)
3,251
Each additional strength (same time)
656
Outgoing mutual recognition supplement
10,962
Decentralised incoming
11,329
Decentralised outgoing
30,000
Each additional form (same time)
5,090
Each additional strength (same time)
656
Additional supplement where there are 15 or more concerned Member States
1,000
Reduced dossier — standard
Mutual recognition incoming
5,350
Each additional form (same time)
2,859
Each additional strength (same time)
656
Outgoing mutual recognition supplement
7,126
Decentralised incoming
7,658
Decentralised outgoing
20,000
Each additional form (same time)
5,090
Each additional strength (same time)
656
Additional supplement where there are 15 or more concerned Member States
1,000
Subsequent extension applications
Mutual recognition incoming (first additional form)
5,350
Mutual recognition incoming (first additional strength)
1,929
Mutual recognition incoming (subsequent additional strength)
656
Outgoing mutual recognition/decentralised supplement (additional form)
2,859
Outgoing mutual recognition/decentralised supplement (additional strength)
656
Decentralised incoming (first additional form)
7,658
Decentralised outgoing (first additional form)
20,000
Each additional form (same time)
5,090
First additional strength (existing form)
2,756
Each additional strength (same time)
656
Additional supplement where there are 15 or more concerned Member States
1,000
Switching applications
Switching applications
5,000
Fees for parallel import licences
Application fee — per country at the same time or by variation
1,662
Each additional strength per country
495
Each additional form per country
495
Parallel imports — dual pack registration
831
Dual pack registration of parallel imports — each additional strength or form
495
Parallel imports where the originator is not on the Irish market
5,000
Change of ownership per product range
525
Fees for variations to national marketing authorisations
Type IB variation
468
Type IB variation — reduced rate
234
Type II complex variation
2,601
Type II standard variation
506
Type II standard variation — reduced rate
253
Notifications under Article 61(3) of Directive 2001/83/ EC
250
Notifications under Article 61(3) of Directive 2001/83/EC — reduced rate
125
Multiple variations capped fee (per product range)
4,800
Multiple variations capped fee (per product)
3,100
Worksharing capped fee
5,200
Fees for variations to marketing authorisations under mutualrecognition procedure and decentralised procedure
Type IB variation outgoing mutual recognition / decentralised supplement
345
Type IB variation — mutual recognition incoming
338
Type IB variation — mutual recognition incoming — reduced rate
174
Type II complex variation — outgoing mutual recognition / decentralised Supplement
525
Type II complex variation — mutual recognition incoming
1,797
Type II standard variation — mutual recognition incoming
338
Type II standard variation — mutual recognition incoming — reduced rate
174
Type II standard variation — outgoing mutual recognition / decentralised Supplement
338
Notifications made under Article 61(3) of Directive 2001/83/EC
250
Notifications made under Article 61(3) of Directive 2001/83/EC — reduced rate
125
Fees for the granting of a marketing authorisation on transfer toanother company
Change of ownership — related company — 1st marketing authorisation within a range
900
Change of ownership — related company — each additional marketing authorisation within a range
321
Change of ownership — non-related company — 1st marketing authorisation within a range
1,316
Change of ownership — non-related company — each additional marketing authorisation within a range
321
Other fees relating to the granting of marketing authorisations
Service item
612
Notification to become a listed organisation
Notification Fee
10
Fees for applications for wholesaler’s authorisations
Application fee
555
Variation to authorisation — minor site technical
400
Variation to authorisation — administrative
219
Variation to authorisation — technical
603
Fees for applications for manufacturer’s authorisations
Application fee
1,853
Variation to authorisation — administrative
274
Variation to authorisation — technical
768
Fees for applications in relation to brokers register and activesubstances register
Registration fee
250
Immediate notification of a change which may impact on the quality or safety of the active substances
768
Notification of an administrative change to the active substances register
136
Notification of any change to the brokers register
136
Fees for applications for organ establishment authorisations
Application charge
1,853
Variation to authorisation — administrative
274
Variation to authorisation — technical
768
Appeal to amend/revoke an authorisation
500
Fees for transferring of authorisation/registration to another company
Manufacturer’s authorisation and organ establishment authorisationRelated companies
1,107
Unrelated companies
1,853
Wholesaler’s authorisation, registration on brokers register and registration on active substances registerRelated companies
365
Unrelated companies
555
Fees for applications in relation to cosmetic products
Certificates of free sale — standard (4 certs per request)
147
Certificates of free sale — fast track (4 certs per request)
277
Duplicate certificates of free sale — each (available at time of initial request)
23
Fees for applications in relation to homeopathic medicinal products
New national / decentralised registration standard charge — single stock
678
New national / decentralised registration standard charge — 2 or more stocks
1,016
New application — national rules scheme standard fee — single stock
1,016
New application — national rules scheme standard fee — 2 or more stocks
1,500
Mutual recognition incoming application standard fee — single stock
452
Mutual recognition incoming application standard fee — 2 or more stocks
678
Outgoing mutual recognition / decentralised supplement
564
National variation — registration and national rules scheme
339
National variation — reduced rate — registrations and national rules scheme
170
Mutual recognition incoming variation
226
Mutual recognition incoming variation — reduced rate
113
Variation — outgoing mutual recognition / decentralised supplement
170
Bulk variation for multiple changes to the Masterfile
2,038
Fees for applications in relation to traditional herbal medicinal products
National applications for certificates of traditional-use registration
National application
4,888
National application where there is a monograph
3,000
Each additional form (same time)
4,072
Each additional strength (same time)
525
Additional drug master file submitted
3,251
Extension applications
First additional form
4,888
Each additional form (same time)
4,072
First additional strength
2,205
Each additional strength (same time)
525
Applications for certificates of traditional-use registration under mutual recognition procedure and decentralised procedure
Mutual recognition incoming
3,418
Mutual recognition incoming — each additional form (same time)
2,287
Mutual recognition incoming — each additional strength (same time)
525
Outgoing mutual recognition / decentralised supplement
4,445
Decentralised outgoing/incoming
4,888
Each additional form (same time)
4,072
Each additional strength (same time)
525
Traditional herbal medicinal products — national variations
Type IB variation — national
375
Type IB variation — reduced rate
190
Type II standard variation
400
Type II standard variation — reduced rate
200
Type II complex variation
2,100
Bulk variation for multiple changes
4,200
Traditional herbal medicinal products — mutual recognition variations
Type IB variation — mutual recognition incoming
270
Type IB variation — mutual recognition incoming — reduced rate
140
Type IB variation — outgoing mutual recognition supplement
275
Type II standard — mutual recognition incoming
270
Type II standard — mutual recognition incoming — reduced rate
140
Type II standard — outgoing mutual recognition supplement
270
Type II complex — mutual recognition incoming
1,435
Type II complex — outgoing mutual recognition supplement
420
Fees for export certificates and certification of documents
Standard
147
Fast track
277
Annual maintenance fees
Marketing authorisations and registrations
First 10 marketing authorisations
650
Additional marketing authorisations
812
Dormant marketing authorisations
420
Parallel import licence
113
Parallel import licence — Dual pack registration
55
Certificate of registration — homeopathic medicinal products
55
Certificate of traditional-use registration — traditional herbal medicinal products
113
Manufacturer’s authorisations
Major site (more than 250 employees)
16,669
Large site (150-250 employees)
11,112
Medium site (50-149 employees)
7,409
Small site (less than 50 employees)
3,703
Homeopathic manufacturing site
1,000
Wholesaler’s authorisations
Large full line
2,771
Medium full line/ short line
1,576
Small short line
600
Minor site
400
Procure and supply only
350
Active substances register
Active substances distributor
250
Active substances importer
500
Active substances manufacturer
1,000
Organ establishment authorisations
Major establishment (more than 250 employees)
16,669
Large establishment (150-250 employees)
11,112
Medium establishment (50-149 employees)
7,409
Small establishment (less than 50 employees)
3,703
Minor establishment (less than 5 employees)
1,000
Project fees
Project application without ethical approval
2,000
Fast track project application
2,000
Breeder/Supplier/User Authorisation fees
Band 1: Small establishment with no animal facilities or establishment with 1-3 individual authorisation holders
275
Band 2: Establishment with 4-10 individual authorisation holders
550
Band 3: Establishment with 11-20 individual authorisation holders
850
Band 4: Establishment with 21-50 individual authorisation holders
1,600
Band 5: Establishment with 51-100 individual authorisation holders
3,250
Band 6: Establishment with 101-150 individual authorisation holders
5,500
Band 7: Establishment with 151 — 200 individual authorisation holders
8,000
Band 8: Establishment with >201 individual authorisation holders
10,500
Individual authorisation fees
Application fee
200
Annual fee
200
Once-off authorisation — procedural training for a period of two months or less (reduced fee)
75
Fees for follow-up inspections
Per day (per member of the inspection team)
1,489
Part of day (per hour, per member of the inspection team)
213
Inspection/Audit fees (other than inspections in relation to theprotection of animals used for scientific purposes)
Per day (per member of the inspection team)
1,489
Part of day (per hour, per member of the inspection team)
213
Enforcement fees
Manufacturers
Major site (more than 250 employees)
2,400
Large site (150-250 employees)
1,800
Medium site (50-149 employees)
600
Small site (less than 50 employees)
200
Wholesalers
Large full line
600
Medium full line / short line
200
Marketing authorisation / parallel import licence holders
> 50 marketing authorisations / parallel import licences
3,150
31-50 marketing authorisations / parallel import licences
1,000
16-30 marketing authorisations / parallel import licences
600
6-15 marketing authorisations / parallel import licences
200
(Note: Companies classed as both manufacturer and wholesaler are charged the higher of the two applicable charges. Marketing authorisation holders pay the marketing authorisation holder fee in addition to any manufacturer / wholesaler fee.)
Fees in relation to medical devices
Manufacturers and authorised representatives — annual fees
Manufacturer — more than 150 employees
30,000
Manufacturer — 50-150 employees
25,000
Manufacturer — 15-49 employees
15,000
Manufacturer — 5-15 employees
5,000
Manufacturer — less than 5 employees or annual turnover of less than €500,000
250
Manufacturer/authorised representative fee per entity (subject to a maximum of €10,000) Authorised representative which is not a manufacturer (of medical devices) (maximum of €30,000)
1,000 5,000
(Note: Where one organisation has multiple manufacturing sites based in Ireland, the organisation will be charged per manufacturing site to a maximum fee of €60,000.)
Distributors — annual fees
Large distributor (turnover greater than €15 million)
5,500
Medium distributor (turnover €3-€15 million)
3,500
Small distributor (turnover under €3 million)
1,250
Distributor turnover less than €500,000
250
Notified Body — annual fees
3,000
Certificates of free sale for medical devices
Certificate of free sale (4 certificates per request)
250
Duplicate certificates of free sale — each (available at time of request)
23
GIVEN under my Official Seal,
6 December 2016.
SIMON HARRIS,
Minister for Health.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal instrument.)
The purpose of these Regulations is to provide for the revision of fees payable to the Health Products Regulatory Authority (formerly the Irish Medicines Board) pursuant to
Section 13
of the
Irish Medicines Board Act 1995
.
These Regulations revoke the Health Products Regulatory Authority (Fees) Regulations 2015 (
S.I. No. 599 of 2015
).
These Regulations may be cited as the Health Products Regulatory Authority (Fees) Regulations 2016.
1 OJ No. L 311, 28.11.2001, p. 67.
2 OJ No. L 33, 8.2.2003, p. 30.
3 OJ No. L 159, 27.6.2003, p. 46.
4 OJ No. L 136, 30.4.2004, p. 85.
5 OJ No. L 136, 30.4.2004, p. 34.
6 OJ No. L 378, 27.12.2006, p. 1.
7 OJ No. L 324, 10.12.2007, p. 121.
8 OJ No. L 81, 20.3.2008, p. 51.
9 OJ No. L 168, 30.6.2009, p. 33.
10 OJ No. L 242, 15.9.2009, p. 3.
11 OJ No. L 348, 31.12.2010, p. 74.
12 OJ No. L 174, 1.7.2011, p. 74.
13 OJ No. L 299, 27.10.2012, p. 1.
14 OJ No. L 334, 12.12.2008, p. 7.
15 OJ No. L 209, 4.8.2012, p. 4.
