S.I. No. 557/2017 - Health Products Regulatory Authority (Fees) Regulations 2017

(1)(as amended by Regulation 3 of the Medicinal Products (Control of Wholesale Distribution) (Amendment) Regulations 2013 ( S.I. No. 164 of 2013 )) of the Medicinal Products (Control of Wholesale Distribution) Regulations 2007 (S.I. 538 of 2007); “brokers register” means the register maintained by the Authority in pursuance of Regulation 14D (inserted by Regulation 6 of the Medicinal Products (Control of Wholesale Distribution) (Amendment) Regulations 2013) of the Medicinal Products (Control of Wholesale Distribution) Regulations 2007; “certificate of free sale” means a certificate of free sale issued under section 4

(1)(k)(ii) of the Act; “certificate of registration” means a certificate of registration granted pursuant to the Medicinal Products (Control of Placing on the Market) Regulations 2007 to 2014; “certificate of traditional-use registration” means a certificate of traditional-use registration granted pursuant to the Medicinal Products (Control of Placing on the Market) Regulations 2007 to 2014 in respect of a traditional herbal medicinal product; “certification of documents” means the certification, under section 4

(1)(k)(ii) of the Act, of documents not being certificates of free sale or export certificates; “complex dossier” refers to an application accompanied by a full dossier in accordance with Directive 2001/83/EC; “decentralised procedure” means the decentralised procedure for human medicinal products provided for in Directive 2001/83/EC; “Directive 2001/83/EC” means Directive 2001/83/EC of the European Parliament and of the Council of 6 November 20011 , as amended by Directive 2002/98/EC of the European Parliament and of the Council of 27 January 20032 , Commission Directive 2003/63/EC of 25 June 20033 , Directive 2004/24/EC of the European Parliament and of the Council of 31 March 20044 , Directive 2004/27/EC of the European Parliament and of the Council of 31 March 20045 , Regulation (EC) No. 1901/2006 of the European Parliament and of the Council of 12 December 20066 , Regulation (EC) No. 1394/2007 of the European Parliament and of the Council of 13 November 20077 , Directive 2008/29/EC of the European Parliament and of the Council of 11 March 20088 , Directive 2009/53/EC of the European Parliament and of the Council of 18 June 20099 , Commission Directive 2009/120/EC of 14 September 200910 , Directive 2010/84/EU of the European Parliament and of the Council of 15 December 201011 , Directive 2011/62/EU of the European Parliament and of the Council of 8 June 201112 and Directive 2012/26/EU of the European Parliament and of the Council of 25 October 201213 . “distributor”, in the context of medical devices, means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a medical device available on the market; “listed organisation” has the meaning assigned to it by Regulation 4

(1)(as amended by Regulation 3 of the Medicinal Products (Prescription and Control of Supply) (Amendment) (No. 2) Regulations 2015 ( S.I. No. 449 of 2015 )) of the Medicinal Products (Prescription and Control of Supply) Regulations 2003 ( S.I. No. 540 of 2003 ); “export certificate” means a certificate issued under section 4

(1)(k)(ii) of the Act; “follow-up inspections” means inspections other than routine inspections; “homeopathic medicinal product” has the meaning assigned to it by Regulation 3

(1)of the Medicinal Products (Control of Placing on the Market) Regulations 2007 ( S.I. No. 540 of 2007 ); “individual authorisation” means an authorisation granted to an individual under Part 8 of the European Union (Protection of Animals used for Scientific Purposes) Regulations 2012 to 2016; “manufacturer”, in the context of medical devices, means— (

1. a)a person who is responsible for the design, manufacture, packaging and labelling of a medical device before it is placed on the market under his or her own name, regardless of whether these operations are carried out by that person himself or herself or on his or her behalf by a third party, or (
2. b)a person who assembles, packages, processes, fully refurbishes or labels one or more ready-made products or assigns to them their intended purpose as a medical device with a view to their being placed on the market under his or her own name, but not including a person who assembles or adapts medical devices already on the market to their intended purpose for an individual patient; “manufacturer’s authorisation” means an authorisation granted pursuant to the Medicinal Products (Control of Manufacture) Regulations 2007 to 2013; “manufacturing site”, in the context of medical devices, means a site where an entity— manufactures a medical device, manufactures critical components of a medical device to a set of specifications, carries out packaging activities in relation to a medical device, or carries out labelling activities in relation to a medical device; “marketing authorisation” means an authorisation granted pursuant to the Medicinal Products (Control of Placing on the Market) Regulations 2007 to 2014; “medical device” means any instrument, apparatus, appliance, software, material or other article, whether used alone or in combination, including the software intended by its manufacturer to be used specifically for diagnostic or therapeutic purposes and necessary for its proper application, intended by the manufacturer to be used for human beings for the purpose of— (
3. a)diagnosis, prevention, monitoring, treatment or alleviation of disease, (
4. b)diagnosis, monitoring, treatment, alleviation of or compensation for an injury or handicap, (
5. c)investigation, replacement or modification of the anatomy or of a physiological process, or (
6. d)control of conception, and which does not achieve its principal intended action in or on the human body by pharmacological, immunological or metabolic means, even if it is assisted in its function by such means, and includes— (
7. i)an in vitro diagnostic medical device in accordance with the European Communities (In Vitro Diagnostic Medical Devices) Regulations 2001 to 2012, and (
8. ii)an active implantable medical device in accordance with the European Communities (Active Implantable Medical Devices) Regulations 1994 to 2009; “mutual recognition procedure” means the mutual recognition procedure for human medicinal products provided for in Directive 2001/83/EC; “national rules scheme” means the national rules governing the granting of marketing authorisation in respect of homeopathic medicinal products, as provided in Regulation 11 of the Medicinal Products (Control of Placing on the Market) Regulations 2007; “notified body” means, in relation to any task, a body designated and notified in respect of that task in accordance with the European Communities (Medical Devices) Regulations 1994 to 2009, the European Communities (Active Implantable Medical Devices) Regulations 1994 to 2009, or the European Communities (In Vitro Diagnostic Medical Devices) Regulations 2001 to 2012; “organ establishment authorisation” means an authorisation granted pursuant to the European Union (Quality and Safety of Human Organs Intended for Transplantation) Regulations 2012 and 2014; “parallel import licence” has the meaning assigned to it by Regulation 3

(1)of the Medicinal Products (Control of Placing on the Market) Regulations 2007; “project” means a programme of work having a defined scientific objective and involving one or more procedures pursuant to the European Union (Protection of Animals used for Scientific Purposes) Regulations 2012 to 2016; “project authorisation” means an authorisation granted pursuant to the European Union (Protection of Animals used for Scientific Purposes) Regulations 2012 to 2016; “reduced dossier — complex” refers to an application for a generic medicinal product accompanied by a reduced dossier but containing additional data in circumstances required by Directive 2001/83/EC; “reduced dossier — standard” refers to an application for a generic medicinal product accompanied by a reduced dossier in accordance with Directive 2001/83/EC; “service item” means an application for a medicinal product designated by the Authority as qualifying for a reduced application fee on the basis that the product has limited but important uses for which no alternative authorised product exists; “subsequent extension applications” means applications in relation to additional pharmaceutical forms and strengths of a medicinal product, made subsequent to the first application in relation to that product; “supplier authorisation” means an authorisation granted pursuant to the European Union (Protection of Animals used for Scientific Purposes) Regulations 2012 to 2016; “switching applications” means applications for a change in the classification of medicinal products under Title VI of Directive 2001/83/EC; “traditional herbal medicinal product” has the meaning assigned to it by Regulation 3

(1)of the Medicinal Products (Control of Placing on the Market) Regulations 2007; “type IB variation” and “type II standard variation” shall be classified by the Authority in accordance with Commission Regulation (EC) No. 1234/2008 of 24 November 200814 , as amended by Commission Regulation (EU) No 712/2012 of 3 August 201215 ; “user authorisation” means an authorisation granted to a user pursuant to the European Union (Protection of Animals used for Scientific Purposes) Regulations 2012 to 2016; “wholesaler’s authorisation” means an authorisation granted pursuant to the Medicinal Products (Control of Wholesale Distribution) Regulations 2007 to

2. Subject to Regulation 4, there shall be paid to the Authority in respect of each and every matter set out in column 1 of the Schedule the fee as set out in column 2 of the Schedule.
3. The Authority may, in circumstances where it considers it appropriate to do so, waive, remit or refund, either in whole or in part, any fee that would otherwise be payable to it under Regulation
5. The Health Products Regulatory Authority (Fees) Regulations 2016 ( S.I. No. 602 of 2016 ) are revoked. SCHEDULE COLUMN 1 COLUMN 2 Fees for national applications for marketing authorisations € Complex dossier National application 15,515 Each additional form (same time) 5,192 Each additional strength (same time) 669 Additional drug master file submitted 3,316 Reduced dossier — complex National application 11,556 Each additional form (same time) 5,192 Each additional strength (same time) 669 Additional drug master file submitted 3,316 Reduced dossier — standard National application 7,811 Each additional form (same time) 5,192 Each additional strength (same time) 669 Additional drug master file submitted 3,316 Subsequent extension applications First additional form 7,811 Each additional form (same time) 5,192 First additional strength (existing form) 2,811 Each additional strength (same time) 669 Additional drug master file submitted 3,316 Fees for applications for marketing authorisations using mutual recognition procedure and decentralised procedure Complex dossier Mutual recognition incoming 10,860 Each additional form (same time) 3,733 Each additional strength (same time) 669 Outgoing mutual recognition supplement 11,181 Decentralised incoming 15,515 Decentralised outgoing 40,800 Each additional form (same time) 5,192 Each additional strength (same time) 669 Additional supplement where there are 15 or more concerned Member States 1,020 Reduced dossier — complex Mutual recognition incoming 8,239 Each additional form (same time) 3,316 Each additional strength (same time) 669 Outgoing mutual recognition supplement 11,181 Decentralised incoming 11,556 Decentralised outgoing 30,600 Each additional form (same time) 5,192 Each additional strength (same time) 669 Additional supplement where there are 15 or more concerned Member States 1,020 Reduced dossier — standard Mutual recognition incoming 5,457 Each additional form (same time) 2,916 Each additional strength (same time) 669 Outgoing mutual recognition supplement 7,269 Decentralised incoming 7,811 Decentralised outgoing 20,400 Each additional form (same time) 5,192 Each additional strength (same time) 669 Additional supplement where there are 15 or more concerned Member States 1,020 Subsequent extension applications Mutual recognition incoming (first additional form) 5,457 Mutual recognition incoming (first additional strength) 1,968 Mutual recognition incoming (subsequent additional strength) 669 Outgoing mutual recognition/decentralised supplement (additional form) 2,916 Outgoing mutual recognition/decentralised supplement (additional strength) 669 Decentralised incoming (first additional form) 7,811 Decentralised outgoing (first additional form) 20,400 Each additional form (same time) 5,192 First additional strength (existing form) 2,811 Each additional strength (same time) 669 Additional supplement where there are 15 or more concerned Member States 1,020 Switching applications Switching applications 5,100 Fees for parallel import licences Application fee — per country at the same time or by variation 1,695 Each additional strength per country 505 Each additional form per country 505 Parallel imports — dual pack registration 848 Dual pack registration of parallel imports — each additional strength or form 505 Parallel imports where the originator is not on the Irish market 5,100 Change of ownership per product range 536 Fees for variations to national marketing authorisations Type IB variation 477 Type IB variation — reduced rate 239 Type II complex variation 2,653 Type II standard variation 516 Type II standard variation — reduced rate 258 Notifications under Article 61

(3)of Directive 2001/83/ EC 255 Notifications under Article 61

(3)of Directive 2001/83/EC — reduced rate 128 Multiple variations capped fee (per product range) 4,896 Multiple variations capped fee (per product) 3,162 Worksharing capped fee 5,304 Fees for variations to marketing authorisations under mutual recognition procedure and decentralised procedure Type IB variation outgoing mutual recognition / decentralised supplement 352 Type IB variation — mutual recognition incoming 345 Type IB variation — mutual recognition incoming — reduced rate 177 Type II complex variation — outgoing mutual recognition / decentralised supplement 536 Type II complex variation — mutual recognition incoming 1,833 Type II standard variation — mutual recognition incoming 345 Type II standard variation — mutual recognition incoming — reduced rate 177 Type II standard variation — outgoing mutual recognition / decentralised supplement 345 Notifications made under Article 61

(3)of Directive 2001/83/EC 255 Notifications made under Article 61

(3)of Directive 2001/83/EC — reduced rate 128 Fees for the granting of a marketing authorisation on transfer to another company Change of ownership — related company — 1st marketing authorisation within a range 918 Change of ownership — related company — each additional marketing authorisation within a range 327 Change of ownership — non-related company — 1st marketing authorisation within a range 1,342 Change of ownership — non-related company — each additional marketing authorisation within a range 327 Other fees relating to the granting of marketing authorisations Service item 624 Notification to become a listed organisation Notification Fee 10 Fees for applications for wholesaler’s authorisations Application fee 566 Variation to authorisation — minor site technical 408 Variation to authorisation — administrative 223 Variation to authorisation — technical 615 Fees for applications for manufacturer’s authorisations Application fee 1,890 Variation to authorisation — administrative 279 Variation to authorisation — technical 783 Fees for applications in relation to brokers register and active substances register Registration fee — importers and distributors of active substances and Brokers 255 Registration fee — manufacturers of active substances 450 Immediate notification of a change which may impact on the quality or safety of the active substances 783 Notification of an administrative change to the active substances register 139 Notification of any change to the brokers register 139 Fees for applications for organ establishment authorisations Application charge 1,890 Variation to authorisation — administrative 279 Variation to authorisation — technical 783 Appeal to amend/revoke an authorisation 510 Fees for transferring of authorisation/registration to another company Manufacturer’s authorisation and organ establishment authorisation Related companies 1,129 Unrelated companies 1,890 Wholesaler’s authorisation, registration on brokers register and registration on active substances register Related companies 372 Unrelated companies 566 Fees for applications in relation to cosmetic products Certificates of free sale — standard (4 certs per request) 150 Certificates of free sale — fast track (4 certs per request) 283 Duplicate certificates of free sale — each (available at time of initial request) 23 Fees for applications in relation to homeopathic medicinal products New national / decentralised registration standard charge — single stock 692 New national / decentralised registration standard charge — 2 or more stocks 1,036 New application — national rules scheme standard fee — single stock 1,036 New application — national rules scheme standard fee — 2 or more stocks 1,530 Mutual recognition incoming application standard fee — single stock 461 Mutual recognition incoming application standard fee — 2 or more stocks 692 Outgoing mutual recognition / decentralised supplement 575 National variation — registration and national rules scheme 346 National variation — reduced rate — registrations and national rules scheme 173 Mutual recognition incoming variation 231 Mutual recognition incoming variation — reduced rate 115 Variation — outgoing mutual recognition / decentralised supplement 173 Bulk variation for multiple changes to the masterfile 2,079 Fees for applications in relation to traditional herbal medicinal products National applications for certificates of traditional-use registration National application 4,986 National application where there is a monograph 3,060 Each additional form (same time) 4,153 Each additional strength (same time) 536 Additional drug master file submitted 3,316 Extension applications First additional form 4,986 Each additional form (same time) 4,153 First additional strength 2,249 Each additional strength (same time) 536 Applications for certificates of traditional-use registration under mutual recognition procedure and decentralised procedure Mutual recognition incoming 3,486 Mutual recognition incoming — each additional form (same time) 2,333 Mutual recognition incoming — each additional strength (same time) 536 Outgoing mutual recognition / decentralised supplement 4,534 Decentralised outgoing/incoming 4,986 Each additional form (same time) 4,153 Each additional strength (same time) 536 Traditional herbal medicinal products — national variations Type IB variation — national 383 Type IB variation — reduced rate 194 Type II standard variation 408 Type II standard variation — reduced rate 204 Type II complex variation 2,142 Bulk variation for multiple changes 4,284 Traditional herbal medicinal products — mutual recognition variations Type IB variation — mutual recognition incoming 275 Type IB variation — mutual recognition incoming — reduced rate 143 Type IB variation — outgoing mutual recognition supplement 281 Type II standard — mutual recognition incoming 275 Type II standard — mutual recognition incoming — reduced rate 143 Type II standard — outgoing mutual recognition supplement 275 Type II complex — mutual recognition incoming 1,464 Type II complex — outgoing mutual recognition supplement 428 Fees for export certificates and certification of documents Standard 150 Fast track 283 Annual maintenance fees Marketing authorisations and registrations First 10 marketing authorisations 663 Additional marketing authorisations 828 Dormant marketing authorisations 428 Parallel import licence 115 Parallel import licence — Dual pack 56 Certificate of registration — homeopathic medicinal products 56 Certificate of traditional-use registration — traditional herbal medicinal products 115 Manufacturer’s authorisations Major site (more than 250 employees) 17,002 Large site (150-250 employees) 11,334 Medium site (50-149 employees) 7,557 Small site (less than 50 employees) 3,777 Homeopathic manufacturing site 1,020 Wholesaler’s authorisations Large full line 2,826 Medium full line/ short line 1,608 Small short line 612 Minor site 408 Procure and supply only 357 Active substances register Active substances distributor 255 Active substances importer 510 Active substances manufacturer 1,020 Organ establishment authorisations Major establishment (more than 250 employees) 17,002 Large establishment (150-250 employees) 11,334 Medium establishment (50-149 employees) 7,557 Small establishment (less than 50 employees) 3,777 Minor establishment (less than 5 employees) 1,020 Project fees Project application without ethical approval 2,000 Fast track project application 2,000 Breeder/Supplier/User Authorisation fees Band 1: Small establishment with no animal facilities or establishment with 1-3 individual authorisation holders 275 Band 2: Establishment with 4-10 individual authorisation holders 550 Band 3: Establishment with 11-20 individual authorisation holders 850 Band 4: Establishment with 21-50 individual authorisation holders 1,600 Band 5: Establishment with 51-100 individual authorisation holders 3,250 Band 6: Establishment with 101-150 individual authorisation holders 5,500 Band 7: Establishment with 151 — 200 individual authorisation holders 8,000 Band 8: Establishment with >201 individual authorisation holders 10,500 Individual authorisation fees Application fee 225 Annual fee 225 Once-off authorisation — procedural training for a period of two months or less (reduced fee) 85 Fees for follow-up inspections Per day (per member of the inspection team) 1,489 Part of day (per hour, per member of the inspection team) 213 Inspection/Audit fees (other than inspections in relation to the protection of animals used for scientific purposes) Per day (per member of the inspection team) 1,519 Part of day (per hour, per member of the inspection team) 217 Enforcement fees Manufacturers Major site (more than 250 employees) 2,448 Large site (150-250 employees) 1,836 Medium site (50-149 employees) 612 Small site (less than 50 employees) 204 Wholesalers Large full line 612 Medium full line / short line 204 Marketing authorisation / parallel import licence holders > 50 marketing authorisations / parallel import licences 3,213 31-50 marketing authorisations / parallel import licences 1,020 16-30 marketing authorisations / parallel import licences 612 6-15 marketing authorisations / parallel import licences 204 (Note: Companies classed as both manufacturer and wholesaler are charged the higher of the two applicable charges. Marketing authorisation holders pay the marketing authorisation holder fee in addition to any manufacturer’s authorisation / wholesaler’s authorisation fee.) Fees in relation to medical devices Manufacturers and authorised representatives — annual fees Manufacturer — more than 150 employees 30,000 Manufacturer — 50-150 employees 25,000 Manufacturer — 15-49 employees 15,000 Manufacturer — 5-15 employees 5,000 Manufacturer — less than 5 employees or annual turnover of less than €500,000 250 Manufacturer/authorised representative fee per entity (subject to a maximum of €10,000) 1,000 Authorised representative which is not a manufacturer (of medical devices) (maximum of €30,000) 5,000 (Note: Where one organisation has multiple manufacturing sites based in Ireland, the organisation will be charged per manufacturing site to a maximum fee of €60,000.) Distributors — annual fees Large distributor (turnover greater than €15 million) 5,500 Medium distributor (turnover €3-€15 million) 3,500 Small distributor (turnover under €3 million) 1,250 Distributor turnover less than €500,000 250 Notified Body — annual fees 3,000 Summary evaluation review fees Medical Devices using starting materials for which a TSE certificate of suitability has been submitted 1,000 Medical Devices using starting materials for which a TSE certificate of suitability has not been submitted 3,000 Certificates of free sale for medical devices Certificate of free sale (4 certificates per request) 250 Duplicate certificates of free sale — each (available at time of request) 23 Given under my official seal, 5 December 2017. SIMON HARRIS, Minister for Health. EXPLANATORY NOTE (This note is not part of the instrument and does not purport to be a legal interpretation.) The purpose of these Regulations is to provide for the revision of fees payable to the Health Products Regulatory Authority (formerly the Irish Medicines Board) pursuant to Section 13 of the Irish Medicines Board Act 1995 . These Regulations revoke the Health Products Regulatory Authority (Fees) Regulations 2016 ( S.I. No. 602 of 2016 ). These Regulations may be cited as the Health Products Regulatory Authority (Fees) Regulations 2017. 1 OJ No. L 311, 28.11.2001, p. 67. 2 OJ No. L 33, 8.2.2003, p. 30. 3 OJ No. L 159, 27.6.2003, p. 46. 4 OJ No. L 136, 30.4.2004, p. 85. 5 OJ No. L 136, 30.4.2004, p. 34. 6 OJ No. L 378, 27.12.2006, p. 1. 7 OJ No. L 324, 10.12.2007, p. 121. 8 OJ No. L 81, 20.3.2008, p. 51. 9 OJ No. L 168, 30.6.2009, p. 33. 10 OJ No. L 242, 15.9.2009, p. 3. 11 OJ No. L 348, 31.12.2010, p. 74. 12 OJ No. L 174, 1.7.2011, p. 74. 13 OJ No. L 299, 27.10.2012, p. 1. 14 OJ No. L 334, 12.12.2008, p. 7. 15 OJ No. L 209, 4.8.2012, p. 4. 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