The European Union is on the cusp of enacting its most significant overhaul of pharmaceutical legislation in over two decades. The proposed EU Pharma Package, introduced by the European Commission in April 2023, is currently advancing through the legislative process and is expected to come into force between 2026 and 2028. This reform will have far-reaching consequences for all stakeholders in the pharmaceutical sector, including those operating in Malta.
Overview and Objectives
The Pharma Package comprises a new Directive and Regulation, which together will replace the existing general pharmaceutical legislation, including rules on medicines for children and rare diseases. The reform aims to modernise the EU’s approach to medicines, with a focus on:
- Ensuring timely and equitable access to safe, effective, and affordable medicines for all EU patients;
- Enhancing security of supply and addressing medicine shortages;
- Fostering an innovation-friendly environment for research and development;
- Promoting environmental sustainability in the pharmaceutical sector; and
- Tackling antimicrobial resistance (AMR) through a ‘One Health’ approach.
Practical Implications for Malta
For pharmaceutical companies operating in Malta, the new framework will necessitate significant strategic adjustments:
- Market Access: Companies will be incentivised to launch products more broadly and quickly across the EU, including smaller markets such as Malta. This could improve access for Maltese patients but will require companies to adapt their launch and distribution strategies.
- Regulatory Compliance: Firms will need to comply with new data protection, exclusivity, and environmental requirements, as well as enhanced obligations regarding supply security and shortage reporting.
- Investment and Innovation: While the reforms aim to foster innovation, concerns remain regarding intellectual property protections and the potential impact on private investment, particularly for research-intensive products.
- Environmental Responsibility: The new environmental risk assessment obligations will require companies to evaluate and mitigate the environmental impact of their products throughout their lifecycle.
The EU Pharma Package represents a paradigm shift in pharmaceutical regulation, with significant legal and practical implications for Malta’s pharmaceutical sector. Companies should begin preparing for these changes now, reviewing their regulatory strategies, compliance frameworks, and market access plans to ensure readiness for the new regime.
For further advice on how the EU Pharma Package may affect your business, or for assistance in navigating the forthcoming regulatory landscape, please contact Alexia Valenzia.
Alexia obtained a Masters in Law (LL.M) degree in Corporate and Commercial Law with the University of London via correspondence in 2020. Prior to this, she graduated from The City Law School in London after having completed the Graduate Diploma in Law course and after having obtained a First-class Honours degree in Pharmacology from the University of Portsmouth in 2015.
