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UK Government's Brexit White Paper, July 2018

12 July 2018

Brexit

AUTHOR: Antony Appleyard



The UK government has released a white paper setting out plans for highly regulated manufacturing sectors to be spared a Hard-Brexit scenario by applying a common rule-book, and agreeing plans to contribute to the financing of associated regulatory authorities. Read the white paper by clicking here.

For those in the Pharmaceutical Sector the following excerpts are of great interest:

On this basis, the Government’s vision is for an economic partnership that includes:

  • a common rulebook for goods including agri-food, covering only those rules necessary to provide for frictionless trade at the border – meaning that the UK would make an upfront choice to commit by treaty to ongoing harmonisation with the relevant EU rules, with all those rules legislated for by Parliament or the devolved legislatures;

  • participation by the UK in those EU agencies that provide authorisations for goods in highly regulated sectors – namely the European Chemicals Agency, the European Aviation Safety Agency, and the European Medicines Agency – accepting the rules of these agencies and contributing to their costs, under new arrangements that recognise the UK will not be a Member State

Further detail can be found in the following snippets :

  • ... The UK would also seek participation – as an active participant, albeit without voting rights – in EU technical committees that have a role in designing and implementing rules that form part of the common rulebook. This should ensure that UK regulators could continue to contribute their expertise and capability to EU agencies, including preparing expert opinions that facilitate decisions about individual products.

  • ...In the context of a common rulebook, the UK believes that manufacturers should only need to undergo one series of tests in either market, in order to place products in both markets. This would be supported by arrangements covering all relevant compliance activity, supplemented by continued UK participation in agencies for highly regulated sectors including for medicines, chemicals and aerospace. This would be underpinned by strong reciprocal commitments to open and fair trade and a robust institutional framework.

  • ...bespoke provisions for human and animal medicines which reflect their unique status, including the release of individual batches by a qualified person based in the UK or EU, and the role of the qualified person for pharmacovigilance, responsible for ongoing safety monitoring of potential side effects;

  • In some manufactured goods sectors where more complex products have the potential to pose a higher risk to consumers, patients or environmental safety, a greater level of regulatory control is applied. The European Medicines Agency (EMA), the European Chemicals Agency (ECHA) and the European Aviation Safety Agency (EASA) facilitate part of these regulatory frameworks. In line with the UK’s objective of ensuring that products only go through one approval mechanism to access both markets, the UK is seeking participation in these EU agencies, as an active participant, albeit without voting rights, which would involve making an appropriate financial contribution. The UK would want to secure access to relevant IT systems, ensuring the timely transfer of data between UK and EU authorities.
    In addition, it would seek:
    ...for the EMA, ensuring that all the current routes to market for human and animal medicine remain available, with UK regulators still able to conduct technical work, including acting as a ‘leading authority’ for the assessment of medicines, and participating in other activities like ongoing safety monitoring and the incoming clinical trials framework.

This is clearly a bold and wide ranging white paper. The proposals in relation to pharmaceutical regulations and the UK's involvement within the EMA is an attempt to maintain a soft brexit and some degree of the status quo. These proposals are consistent with statements of intent made previously by the UK Government and the MHRA. Time will tell whether these proposals are considered acceptable by other parties.

12 July 2018

Brexit

AUTHOR: Antony Appleyard