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In brief

On 31 January 2022, Regulation (EU) 2022/123 (“Regulation”) on a reinforced role for the European Medicines Agency in crisis preparedness and management for medicinal products and medical devices (EMA) was published in the Official Journal of the EU.


The Regulation entrusts the EMA with new tasks, including the setting-up, maintenance and management of the European shortages monitoring platform, which shall be fully operational by early 2025, to facilitate data collection on shortages in the supply and demand for medicinal products, including information on whether the medicinal product is placed or ceases to be placed on the market in a Member State. Moreover, the Regulation entrusts the EMA with the task of (i) reinforcing the activities of the Emergency Task Force by providing scientific advice and reviewing available scientific evidence on medicines with the potential to address a public health emergency, (ii) coordinating independent vaccine effectiveness and safety monitoring studies using data collected by the competent authorities, and (iii) establishing a pan-European network of real-world data, so-called “DARWIN EU”, which will provide the EMA’s scientific committees with evidence from healthcare databases across the EU.

The reinforcement of the EMA’s role is part of the roadmap for building a European Health Union, an initiative promoted by the European Commission with the aim of improving the resilience of Europe’s health systems in addressing possible future pandemics and ensuring a better protection of citizens’ health.

The Regulation shall apply from 1 March 2022, with the exception of provisions on shortages of critical medical devices, which shall apply from 2 February 2023.

Author

Roberto Cursano has been a lawyer in Baker McKenzie since September 2007. He focuses on healthcare law and compliance, and assists in tender procedures, the negotiation of public contracts and litigation before administrative courts. Mr. Cursano is a former administrative officer in the Italian Ministry of Health and helps clients work closely with the Italian Public Administration. He is admitted to the bar before the Italian Supreme Court and the Council of State. As well as training and tutoring in the master’s degree program on clinical trials of pharmaceutical products at the University of Rome Sapienza, Mr. Cursano regularly publishes articles and scientific contributions. He also frequently hosts and participates in seminars and presentations on pharmaceutical and administrative law matters.

Author

Riccardo Ovidi is an Associate in Baker McKenzie Rome office.

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