PHARMACEUTICAL INSPECTION CO-OPERATION SCHEME *

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PHARMACEUTICAL INSPECTION CO-OPERATION SCHEME PIC/S 1/95 (Rev. 5) 7 November 2011 PHARMACEUTICAL INSPECTION CO-OPERATION SCHEME * PIC/S 2011 Reproduction prohibited for commercial purposes. Reproduction for internal use is authorised, provided that the source is acknowledged. * First adopted by the PIC/S Committee on 2 November 1995 in Geneva and subsequently amended on 8 October 2002 in Montebello, 2 June 2003 in Bratislava, 11 November 2003 in Geneva, 19 November 2007 in Singapore and 7 November in Cape Town (with entry into force on 1 st January 2012). PIC/S 1/95 (Rev. 5) 1 of 9 7 November 2011

PHARMACEUTICAL INSPECTION CO-OPERATION SCHEME (PIC/S) PIC SCHEME 1. The Pharmaceutical Inspection Co-operation Scheme (hereinafter referred to as Scheme ) is hereby established as an Association under the Swiss Code of Civil Law (Art. 60 ff). For registration purpose, the Scheme shall be referred to as Pharmaceutical Inspection Co-operation Scheme Association de Droit Suisse. 2. For the purpose of this Scheme "medicinal product" means: any pharmaceutical 1, medicine or similar product intended for human or veterinary use which is subject to control by health legislation in the manufacturing country or in the importing country, and any active pharmaceutical ingredient 2 (API) or excipient which the manufacturer uses in the manufacture of a product referred to in subparagraph above. I. Purpose of the Scheme 3. The purpose of this Scheme is, with due regard to public health, a) to pursue and strengthen the co-operation established between the Participating Authorities in the field of inspection related to the manufacture (or distribution) of medicinal products and associated activities with a view to maintaining the mutual confidence and promoting quality assurance of inspections, b) to provide the framework for the sharing of information and experience on a voluntary basis, c) to co-ordinate mutual training for inspectors and for other technical experts in related fields, d) to continue common efforts towards the improvement and harmonisation of technical standards and procedures regarding the inspection of the manufacture (or distribution) of medicinal products and the testing of medicinal products by official control laboratories, 1 Also referred to as dosage form or drug product 2 Also referred to as drug substance PIC/S 1/95 (Rev. 5) 2 of 9 7 November 2011

e) to continue common efforts for the development, harmonisation and maintenance of Good Manufacturing and Distribution Practice (GMDP), and f) to extend the co-operation to other competent authorities having the national arrangements necessary to apply equivalent standards and procedures with a view to contributing to global harmonisation. II. Participating Authorities 3 4. This Scheme is open for participation by competent authorities (hereinafter referred to as Participating Authorities ) having the arrangements necessary to apply an inspection system comparable to that referred to in this Scheme and whose requirements and procedures could ensure the proper implementation of the Scheme and contribute to its effective operation. 5. The Participating Authorities should ensure that: the inspectors in their service have appropriate qualifications and experience for the tasks to be undertaken by them, the inspectors and/or the control laboratories have the power to call for the submission of quality control records and, where appropriate, samples relating to any batch of any medicinal products, the inspectorate utilises the PIC/S GMP Guide 4 (or equivalent) as well as other current guides, guidelines, explanatory notes and recommendations, adopted under the Scheme and available at http://www.picscheme.org, as the basis for inspections and authorisation of manufacturers, the operation of the inspectorate is subject to a system of quality management aimed at ensuring the maintenance of necessary standards 5. 6. The inspection system of each Participating Authority shall be re-evaluated on a regular basis in line with the PIC/S Joint Reassessment Programme 6 or equivalent programmes 7. 3 The Participating Authorities are listed in document PS/INF 21/2002. 4 See PE 009 5 See the PIC/S Recommendation on Quality System Requirements for Pharmaceutical Inspectorates (PI 002) 6 See PS/W 9/2000 7 E.g. the EU Heads of Agencies Joint Audit Programme PIC/S 1/95 (Rev. 5) 3 of 9 7 November 2011

III. Organisation 7. The effective operation and application of the Scheme shall be ensured by the PIC/S Committee, the Executive Bureau and the Secretariat. The PIC/S Committee 8. A permanent Committee composed of representatives of the Participating Authorities shall meet whenever necessary but at least once a year in order to: (e) (f) (g) (h) (i) (j) (k) (l) consider measures for achieving the appropriate and effective operation of the Scheme, make recommendations and proposals for the amendment, up-dating and improvement of (i) standards of good manufacturing practice currently applied under the Scheme, and (ii) any other GxP standards or good practices applied on a voluntary basis. promote co-operation between the competent authorities to facilitate the application of the Scheme, exchange information and experience on means and methods for achieving uniform and effective inspections, promote quality assurance of inspections and quality systems for inspectorates, promote mutual training for inspectors by means of e.g.: - seminars dealing with the state of the art of GMDP knowledge in all necessary fields, and - joint visits for the harmonisation of inspections promote the exchange of experience in relation to GMDP for special categories of medicinal products e.g. human blood and tissue, medicinal gases, hospital pharmacy, biotechnologically manufactured medicinal products, promote the exchange of experience between, and mutual training for, personnel of official control laboratories, discuss and decide on the participation of competent authorities of other countries, make proposals for amendments to the Scheme, contribute to the development of new Guides and Guidance documents applicable to GMDP e.g. for different types of manufacture 8, promote global harmonisation of GMDP, 8 In the exercise of these functions account shall be taken, where appropriate, of current technical developments and work. PIC/S 1/95 (Rev. 5) 4 of 9 7 November 2011

(m) (n) (o) adopt annual budgets and approve financial accounts in line with financial procedures, elect the Executive Bureau, negotiate and conclude agreements. 9. The Committee shall adopt its own rules of procedure 9 as well as financial procedures 10. 10. Associated Partners may be invited to attend Committee meetings 11. The Committee may also invite representatives from inspectorates, which are in the process of acceding to the Scheme, to attend meetings as guests. The PIC/S Executive Bureau 11. The Executive Bureau shall meet in-between meetings of the Committee and as often as necessary in order to: monitor the Scheme s activities, review the annual budget in line with the Financial Rules 12 ; propose strategic orientations and facilitate decision-making; supervise the Secretariat and act as an employer for its staff. 12. The Executive Bureau reports to the PIC/S Committee. The composition and election of the Executive Bureau are defined in the rules of procedure 13. The PIC/S Secretariat 13. A Secretariat 14 shall be appointed by the Committee to deal with the services and meeting facilities. It may also provide secretariat services to other organisations. The Secretariat shall in particular prepare meetings of the Committee, and implement the Committee s decisions and recommendations. 9 See PH/PS 9/97 10 See PS/W 1/2004 11 See Guidelines on Partnership (PS/W 19/2006) 12 See PS/W 1/2004 13 See PS/W 1/2006 14 PS/W 12/2009 PIC/S 1/95 (Rev. 5) 5 of 9 7 November 2011

IV. Amendments 14. This Scheme may be amended by unanimous consent of the Participating Authorities. V. Accession and Pre-Accession Accession 15. A request for participation in the PIC Scheme, expressing willingness to accept the Scheme, shall be addressed to the Secretariat together with detailed information on: (e) the national laws regulating the manufacture and control of medicinal products, the national GMP rules applied to the manufacture of medicinal products, the national inspection system with regard to the control of the manufacture of medicinal products, the structure and organisation of the inspectorate and their quality system, as well as any other relevant information which could help the Participating Authorities in the understanding of the whole system. 16. The Secretariat shall notify all Participating Authorities of the request and circulate the relevant information received. 17. The provisions contained in the Guidelines for Accession to the PIC Scheme 15 shall be followed. 18. The Committee shall decide on the participation of an authority in this Scheme. Such decision requires the consent of all Participating Authorities. 19. The participation shall become effective on a date determined by the Committee. 20. The Secretariat shall communicate the effective date of the participation to all parties concerned. Pre-Accession 21. A competent authority wishing to be pre-assessed may address a request to the Secretariat in line with the pre-accession procedure, foreseen in the Guidelines for Accession to the PIC Scheme 16. 15 See PS/W 14/2011 PIC/S 1/95 (Rev. 5) 6 of 9 7 November 2011

VI. Withdrawal 22. A Participating Authority may withdraw from this Scheme by giving three months' notice in writing to the Secretariat, which shall notify all the other Participating Authorities. VII. Suspension 23. If one of the Participating Authorities does not fulfil any more the requirements of the Scheme or does not participate in the meetings and in the financing of the Scheme, the Committee may decide to suspend the operation of the Scheme in relation to that Authority for a given period during which the Authority in question should take appropriate action to remedy the situation. If at the end of this period the situation has not changed satisfactorily, the Committee may, with the consent of all other Participating Authorities, decide to exclude the Authority concerned from the Scheme with immediate effect. VIII. Termination 24. The Participating Authorities may decide to terminate the Scheme by unanimous consent. In that case, the remaining assets of the Scheme shall be returned to them according to the last key applied for membership fees. IX. Reorganisation 25. The PIC/S Committee shall examine on a case-by-case basis the reorganisation of Participating Authorities, notably in the case of merger with or separation from another Authority. The examination should take into account whether an Authority emerging from such reorganisation (i) is the legal successors of the previously competent Authority; (ii) is fully competent (in accordance with paragraph 4 above); and (iii) has retained the Quality System and Staff (in accordance with paragraph 5 above). 26. Authorities emerging from a reorganisation, which are competent in accordance with paragraph 4 above, will be either reassessed under the PIC/S Joint Reassessment Programme (or equivalent) or invited to apply for PIC/S membership. X. Sharing of information 27. This Chapter applies to all information shared under the present Scheme, which is classified (e.g. restricted, confidential) in line with PIC/S classification policy 17. 16 See PS/W 14/2011 17 See PS/W 12/2006 PIC/S 1/95 (Rev. 5) 7 of 9 7 November 2011

28. The sharing of information under this Scheme shall be fully voluntary. There is no obligation for a Participating Authority to share information under this Scheme with another Participating Authority. Applicant Authorities (and Associated Partners) may wish to share information under this Scheme (or under the relevant Partnership Agreement) but are not obliged to do so. 29. The aim of sharing information under the Scheme is to facilitate the risk management made by each Participating Authority on whether to carry out or not an inspection. It gives Participating Authorities the possibility to share in confidence any information e.g. on whether medicinal products have been produced in accordance with the GMP requirements applied under this Scheme or whether such products are due for inspection in third countries. 30. Information shared under this Scheme is not binding for the Participating Authority which has requested it. Each Participating Authority shall remain competent on how to use the shared information. There is no obligation to accept the conclusions from another Participating Authority under this Scheme. 31. The sharing of information under the Scheme shall be subject to national law, supranational law (e.g. EU or ASEAN Treaties) and other legally binding agreements (e.g. EU Third Country MRA). 32. It shall not affect the exchange of GMP certificates (i) between the Participating Authorities of countries party to ASEAN or the European Economic Area (EEA) and (ii) between the latter and their respective Mutual Recognition Agreement (MRA) partners. 33. Upon written request of a Participating Authority, the following information can be shared under the Scheme on a purely voluntary basis: GMP compliance, inspection report (for the format, see PI 013), corrective actions, plan of a company, correspondence, follow-up, etc. 34. Information shared under this Scheme shall not extend to: (e) data concerning financial and commercial matters; data concerning technical "know-how" (trade secret); data concerning research information; personal data other than those relating to the duties of the persons concerned; information related to an official investigation which may jeopardise enforcement activities. 35. Participating Authorities herewith undertake to respect the confidentiality of information shared under this Scheme. They also undertake to avoid any potential or real conflict of interests with activities and issues under discussion at PIC/S. The undertaking applies to the Participating Authority and to its employees, who shall abide to the Rules of Procedure of the relevant PIC/S bodies. PIC/S 1/95 (Rev. 5) 8 of 9 7 November 2011

XI. Rapid Alerts and Recalls arising from Quality Defects 36. If a Participating Authority discovers in the course of its inspection duties, or otherwise, particular circumstances which cause a medicinal product to be of imminent and serious danger to the public, it shall immediately communicate its findings to the Participating Authorities 18. XII. Revenues 37. PIC/S revenues normally consist of: annual membership contributions from Participating Authorities, voluntary donations, revenues from special services. 38. PIC/S accounts shall normally be audited annually. 18 i.e. in accordance with PI 010 PIC/S 1/95 (Rev. 5) 9 of 9 7 November 2011