The Directive of the European Parliament and of the Council amending
Directive 2001/83/EC on the Community Code relating to medicinal products
for human use has been accepted by the Parliament in December last year
and by the Council in the beginning of March 2004 and will be effective
from March 31, 2004, on
http://register.consilium.eu.int/pdf/en/04/st03/st03613.en04.pdf.
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There are three major consequences for the API manufacturers:
(A) APIs have to be manufactured in accordance to Annex 18 EG GMP
Guide:
The EG GMP Guide obliges pharmaceutical companies to purchase APIs from
approved suppliers only. The amended Directive increases the pressure on
the pharmaceutical company: according to article 46f the pharmaceutical
company is obliged "(…) to use as starting materials only active
substances, which have been manufactured in accordance with the detailed
guidelines on good manufacturing practice for starting materials (comment:
reference is made to the Annex 18 to the EU GMP Guide). This point shall
also be applicable to certain excipients, the list of which as well as the
specific conditions of application shall be established by a Directive
adopted by the Commission in accordance with the procedure referred to in
Article 121(2).
Annex 18 to the EU GMP Guide can be found here:
http://pharmacos.eudra.org/F2/eudralex/vol-4/pdfs-en/v4an18.pdf
(B) Annex 18 of the EU GMP Guide (GMP for APIs) becomes mandatory for
the EU:
Article 47
The principles of good manufacturing practice for active substances used
as starting materials referred to in point (f) of Article 46 shall be
adopted in the form of detailed guidelines. (…)
(C) Inspections at the premises of API manufacturers may be carried
out:
Article 111
The competent authority may also carry out unannounced inspections at the
premises of manufacturers of active substances used as starting materials,
or at the premises of marketing authorisation holders whenever it
considers that there are grounds for suspecting non-compliance with the
principles and guidelines of good manufacturing practice referred to in
Article 47. These inspections may also be carried out at the request of a
Member State, the Commission or the Agency.
In order to verify whether the data submitted in order to obtain a
conformity certificate comply with the monographs of the European
Pharmacopoeia, the standardisation body of the nomenclatures and the
quality norms within the meaning of the Convention relating to the
elaboration of the European Pharmacopoeia (European Directorate for the
quality of Medicinal Products) may ask the Commission or the Agency to
request such an inspection when the starting material concerned is the
subject of a European Pharmacopoeia monograph.
The competent authority of the Member State concerned may carry out
inspections of starting material manufacturers at the specific request of
the manufacturer himself.
Unfortunately the different wordings of 'APIs' in Annex 18 and in the
Directive may cause confusion: Annex 18 uses the word 'active
pharmaceutical ingredient', the amended Directive uses 'starting
material'.