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104 SECTION | I General




  VetBooks.ir  the levels of detection for residues of these drugs. The  tion is constantly evolving as the EU scientific commit-
                                                                  The body of knowledge relating to this implementa-
             question to study is what supranational rules apply if an
                                                                tees and their working parties develop guidelines and gain
             importing country detects residues of unauthorized veteri-
             nary drugs in a food product. The relevant international  experience in new therapies and new technologies.
             framework that needs to be studied in order to answer this
             question is provided by treaties and agreements of the
                                                                Marketing Authorization Procedures
             World Trade Organization (WTO) and the texts adopted
             by the CAC (Lu ¨tzow, 2004).
                                                                Marketing authorization applications, which are to be sub-
                The WTO started to work in 1995, its main objective
                                                                mitted in either a national or community procedure (i.e., to
             being the facilitation and promotion of international trade.
                                                                competent authorities of the member states and the
             The main function of the WTO is to serve as a monitoring
                                                                European Medicines Agency (EMA, previously abbrevi-
             forum for the implementation of a number of treaties that
                                                                ated as EMEA)), consist of administrative information and
             were established during the so-called Uruguay round
                                                                the necessary documentation to demonstrate the quality,
             (1986 94) and for the settling of trade disputes subject to
                                                                safety, and efficacy of the veterinary medicinal product.
             the rules laid down in those treaties. The more specific
                                                                This applies to nonimmunological and immunological vet-
             principles applied by the WTO when developing rules
                                                                erinary medicinal products.
             and treaties for trade between its members are: (1) coun-
                                                                  A veterinary medicinal product may only be placed on
             tries may not discriminate trade partners; (2) national and
                                                                the market in the European Economic Area (EEA) when
             foreign companies shall be treated equally; and (3) trade
                                                                a marketing authorization has been issued by the compe-
             restrictions are justified for the protection of human, ani-  tent authority of a member state (or EEA country) for its
             mal, and plant health.                             own territory (national authorization) or when an authori-
                The control of residues of veterinary drugs in ani-  zation has been granted in accordance with Regulation
             mal products intended for human consumption is an  (EC) No. 726/2004 (EC, 2004a) for the entire community
             issue related to human health that falls as such   (a community authorization). The marketing authorization
             under the purview of the Agreement of Sanitary and  holder must be established within the EEA.
             Phytosanitary Measures (SPS). Under the SPS, WTO     Authorization procedures have developed over the
             members can adopt SPS measures that are “necessary  years to become very complex with four different routes
             for the protection of human and animal health”
                                                                of application: (1) the centralized or community proce-
             (Lu ¨tzow, 2004).
                                                                dure, (2) the decentralized (DCP), (3) the mutual recogni-
                There are a number of veterinary drugs for which
                                                                tion (MRP), and (4) the national procedure requiring a
             Codex has not adopted an MRL. An ADI/MRL may not
                                                                high level of bureaucracy both for industry and regulators
             have been established because the veterinary drug may
                                                                without gain of increased quality, safety, and efficacy.
             not have been evaluated, the toxicological data did not
             support an ADI, the residue data were insufficient, a
             suitable validated analytical method was not identified, or  Centralized or Community Procedure
             good agricultural practices (GAPs) would result in  The EMA is the EU body responsible for the scientific
             exceeding the MRL. In the absence of an ADI/MRL,   evaluation and monitoring of medicinals within the “cen-
             national authorities commonly resort to zero tolerance  tralized procedure,” a procedure that allows a marketing
             regulatory approaches (where no detectable residue of the  authorization (license) for a medicine to be obtained in all
             veterinary drug in the food is acceptable), with the preva-  EU countries simultaneously, on the basis of a single
             lence of residues of concern potentially changing as ana-  application. For veterinary medicinal products that fall
             lytical method detection capabilities improve.     within the mandatory scope of the centralized procedure
                                                                in accordance with the Annex to Regulation (EC) No.
                                                                726/2004 (EC, 2004a), the application is submitted to the
             VETERINARY MEDICINAL PRODUCTS                      EMA. An application shall likewise be submitted to the
                                                                EMA for veterinary medicinal products that fall within
             LEGISLATION
                                                                the optional scope of the centralized procedure in accor-
             Veterinary medicinal products legislation is regulated in  dance with Article 3(2) and 3(3) of Regulation (EC) No.
             the EU by Directive 2001/82/EC (EC, 2001). In the EU  726/2004 (EC, 2004) where the applicant wishes to obtain
             legislative framework for medicines, there are a large  a community marketing authorization. In the “centralized”
             number of directives and regulations for issuing of mar-  procedure, the EMA-CVMP is responsible for conducting
             keting authorizations and economic regulation of the  the initial assessment of veterinary medicines for which a
             pharmaceutical market that need to be applied and imple-  EU-wide marketing authorization is sought. The EMA-
             mented effectively.                                CVMP is also responsible for several postauthorization
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