Germany: EMA and EU Commission offer flexibility instead of intervention

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Germany: EMA and EU Commission offer flexibility instead of intervention

Sponsored by

maiwald-logo-cropped.PNG
European Union flag against European Parliament

The European Commission, the European Medicines Agency (EMA) and the relevant national authorities recently agreed on a number of measures to mitigate the impact of COVID-19 disruptions on the conduct of inspections at manufacturing sites or other sites relevant to medicinal products in the European Union. These are included in the Notice to stakeholders: Questions and answers on regulatory expectations for medicinal products for human use during the COVID-19 pandemic, https://ec.europa.eu/health/sites/health/files/human-use/docs/guidance_regulatory_covid19_en.pdf.

In view of the burden which German pharmaceutical companies and their suppliers currently face under a number of new regulations and the EU-wide export ban, such measures are encouraging.

Currently, companies in the pharmaceutical and medical device industry in Germany are faced with legislation based on the considerable extension of competences of the federal government, under the bill entitled Gesetz zum Schutz der Bevölkerung bei einer epidemischen Lage von nationaler Tragweite. As a direct result of these extended competences set forth by the bill a number of regulations were enacted, authorising the Ministry of Health and authorities to intervene to a considerable extent in the production and supply chains of pharmaceutical companies, medical device manufacturers and suppliers. Additionally, companies face export restrictions. While France, Italy and Spain, for example, have enacted similar authorisation bills, those are time-limited and expressly require reasonability or proportionality of the measures under the regulations/ordinances.

The EMA and the European Commission have recognised that current national and international security measures and travel restrictions influence or prevent regular production and organisational processes.

The measures outlined in the updated Notice to Stakeholders, developed jointly by the European Commission, EMA and the heads of the pharmaceutical agencies, partially adapt the regulatory legal framework.

For example, the validity of Good Manufacturing Practice (GMP) certificates for manufacturing/importing active substances and/or finished products in the European Economic Area (EEA) is extended until the end of 2021. If necessary, remote inspections are performed to enable extensions, and on-site inspections will be conducted as soon as possible. Essentially, the same applies to Good Distribution Practices (GDP) certificates. Automatic extensions do, however, not apply to any changes in the scope of the GMP certificate.

In addition, the Notice to Stakeholders provides information about adjustments which may be applied to the work of qualified persons who are responsible for confirming that each batch of a drug is approved for sale or use in a clinical trial.

However, these measures do not change the obligation of manufacturers and importers to comply with the GMDP standards. Inspections, including remote assessments, can take place and appropriate regulatory measures will be initiated in the event of non-compliance. Obligations and responsibilities of the qualified persons remain unchanged.

Besides the extensions of certificates, the updated Notice to Stakeholders includes advice on seeking exemptions from the 'sunset clause' under Article 24(4)-(6) of Directive 2001/83/EC and Articles 14(4)-(6) of Regulation (EC) No 726/2004, and a mechanism to deal with prioritising with respect to Individual Case Safety Reports.

Furthermore, the commission issued guidance to mitigate clinical trial disruption in the EU (Guidance on the Management of Clinical Trials during the Covid-19 (Coronavirus) Pandemic, Version 3, 28/04/2020).

Additionally, the council and the parliament adopted Regulation 2020/561 amending Regulation (EU) 2017/745 (Medical Device Regulation) in relation to application dates of all provisions which would otherwise apply from May 26 2020, postponing the date of application for those provisions by one year.

While national authorities extensively intervene with the supply chains of pharmaceutical manufacturers, the EMA and the EU Commission have adapted the regulatory framework to mitigate the pressure on marketing authorisation holders as far as production, reporting and clinical testing is concerned. Additionally the postponement of the Medical Device Regulation eases the burden on manufacturers in the medical device industry.

Dr Gisela Grabow

more from across site and SHARED ros bottom lb

More from across our site

Christine Chiramel, who joins a full-service law firm after 17 years of working at specialist firms, says she’s excited to explore how corporate commercial issues are blurring into IP
Practitioners say increasing the pecuniary jurisdiction of India’s most popular litigation forum to around $2 million would spark unpredictability and make it difficult for SMEs to benefit
The Spain-based firm has appointed an industry veteran to lead the group, which it hopes will strengthen its ability to support clients in ‘disruptive technologies’
Shaina Haria, a final-seat trainee at an international law firm’s UK office, shares how she fell in love with IP and why the area of law has changed the way she views the world
Now in its sixth edition, the IP Case Law Conference was focussed on the notion of ‘growing through change’
Nick Redfearn and Khanh Nguyen of Rouse discuss Vietnam’s latest identification in the 2026 Special 301 Report and how the country is taking genuine steps to meet US expectations
Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
Gift this article