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EU Seals Provisional Overhaul of Drug Rules to Speed Access and Spur Innovation

The agreement still needs formal approval by both institutions to take effect.

Overview

  • Baseline protection is set at eight years of data plus one year of market exclusivity, with targeted extensions capped at eleven years, including for certain orphan medicines.
  • To fight antimicrobial resistance, negotiators backed a transferable 12-month data exclusivity voucher for priority antibiotics, which cannot be used on products averaging over €490 million in annual EU sales.
  • The deal clarifies the Bolar exemption so generic and biosimilar makers can complete studies, filings, pricing and reimbursement steps, and tender bids during protection periods.
  • EMA procedures would be streamlined, cutting assessment timelines, consolidating committees, moving to electronic submissions and electronic product information, and making most authorisations valid without time limits.
  • Companies must maintain shortage-prevention plans and notify disruptions, with EU-level monitoring and an EMA list of critical shortages, while countries retain powers to require adequate supplies as industry reaction remains mixed.