[The national legislation accompanying the approval procedure for clinical trials of medicinal products for human use under Regulation (EU) No. 536/2014]. / Die nationale Begleitgesetzgebung zum Genehmigungsverfahren klinischer Prüfungen mit Humanarzneimitteln im Rahmen der Verordnung (EU) Nr. 536/2014.

The Regulation (EU) No 536/2014 (Clinical Trials Regulation [CTR]) on clinical trials on medicinal products for human use is a challenge not only for sponsors but also for national authorities and ethics committees. Thus, fundamental structural changes were necessary for the establishment of the novel authorisation procedure. The necessary accompanying law was created in 2016 with the Fourth Law on the Amendment of the Medicinal Products Act (4th AMGÄndG) and in 2017 with the Clinical Trial Assessment Procedure Ordinance (KPBV).The 4th AMGÄndG provided for legal amendments to the Medicinal Products Act (AMG) that came into force in advance of the date of application of the CTR. Essentially, this concerns the introduction of a registration obligation for ethics committees at the Federal Institute for Drugs and Medical Devices (BfArM). In addition, the 4th AMGÄndG contains regulations that came into force at the beginning of 2022, in parallel with the date of application of the CTR. The Regulation on the application of Good Clinical Practice in the conduct of clinical trials of medicinal products for human use (GCP-Regulation, GCP-V) was repealed. The 6th section of the AMG on the protection of humans in clinical trials has been rewritten to supplement the requirements of the CTR and to fit the procedural flow into the national legal system. In particular, this concerns the regulations on the cooperation between higher federal authorities and ethics committees, such as responsibilities, deadlines, procedures and fees. Regulations were also made for the national procedure of release authorisation for clinical trials with medicinal products containing or consisting of genetically modified organisms (GMOs) as well as special protective regulations for special groups of participants.

[Changes in the German Medicinal Product Act imposed by the EU regulation on clinical trials]. / Änderungen des Arzneimittelgesetzes durch die EU-Verordnung zu klinischen Prüfungen.

The entry into force of Regulation (EU) No. 536/2014 of the European Parliament, the Council of 16 April 2014 for clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC necessitated amendments to the national legislation on medicinal products. These changes mainly concern the sixth chapter of the German Medicinal Products Act (Arzneimittelgesetz, AMG) and the elimination of the GCP (good clinical practice) ordinance for clinical trials that will be covered by the regulation in the future. Sections 41a, 41b and 41c, which came into force in December 2016, regulate the registration procedure, the procedural rules and the business distribution plan according to which the responsibilities of the registered ethics committees for the authorisation procedures will be determined and cooperation with the federal higher authorities will be handled. All other amendments in the sixth chapter will not enter into force until the date of application of the regulation - presumably in the fourth quarter of 2018. In the future, Section 40a will regulate the general prerequisites - in particular the basic procedures for cooperation between the federal higher authority and the ethics committees - in addition to the provisions of the regulation. Section 40b governs special prerequisites for clinical trials and contains, in particular provisions for the informed consent in clinical trials with minors and incapacitated adults. Further changes concern, among other things, the transfer of previous regulations of the GCP ordinance into the AMG and adjustments regarding reporting obligations in the context of clinical trials in the AMG.