Procedure: Sunset Clause and MA closing activity
Country: Global Procedure
Version #: 01/05/2024
Author: Vlad Reznikov
Editor: Daria Kostiuchenko

ID: GP-PhR-CSR-SR
Category: Pharmaceuticals/MD&IVD
Validity: Immediate
Certified by: Vlad Reznikov
Copyright: Pattern of USA Inc.

SUMMARY

A sunset clause refers to a regulatory provision that sets a predetermined expiration date or termination point for the marketing authorization of a product. This clause is often employed to ensure that authorized products undergo regular reassessment for safety, efficacy, and quality. When a sunset clause is triggered, the marketing authorization may expire unless the product undergoes a renewal process and demonstrates continued compliance with regulatory standards, as well as a three-year period without marketing of a medicinal product or in case of a complete marketing cessation of the product from the last date of release into the distribution chain of the medicinal product in some ML4 countries.
Marketing Authorization (MA) closing activity may occur due to various reasons, including product discontinuation, safety concerns, or the fulfillment of the product’s lifecycle. The MA closing activity typically involves notifying regulatory authorities, updating product information databases, and addressing any remaining regulatory obligations.
De-registration of the establishment involves formally notifying an National Regulatory Authority (NRA) when an establishment ceases operations or no longer manufactures regulated products, which involves removing the facility from its list of registered establishments. The Marketing Authorization Holder (MAH) is responsible for notifying an NRA if they wish to withdraw a product, and the product is no longer authorized for marketing. Typically, NRA require formal notification of the decision to withdraw a product from the market. This involves submitting necessary documentation and fulfilling any regulatory obligations, such as recalling existing stock or providing a transition plan for patients. 

Gp Pharmaceuticals Md&ivd Sunset Clause And Ma Closing Activity Simplified Regulations Card Gantt Chart (1) Page 0001

Must-Have Requirements, Recognized Standards, and Certifications:

  • Product Quantity and Triggering Event Information
  • Storage Conditions

Nice-to-have:

  • List of healthcare providers, distributors, and consumers for communication

Typical Gaps and Deficiencies: Lack of budget for closing activity

Implementation Period: Immediately

Deliverables: De-listing, De-Stock, De-Registration and Communication Report

PHASE

TASK

TASK

START

DURATION

 

Fee

 

KPI

NUMBER

TITLE

OWNER

W/M/Q/Y

in weeks

3rd Party 

Service 

State

 

0

In-house Pre-Submission Activity

       

  0.1

NDA signing or validation

Executor

week 1

1

    

  0.2

Contract Closing

MAH

week 1

1

    

  0.3

SOW is approved by MAH

Executor

week 2

1

    

  0.4

Invoice is sent to MAH and paid

Executor

week 2

1

   

POP

I

Sunset Clause and MA closing activity

       

  I.1

Input information forwarding to Executor

MAH

week 3

1

    

  I.2

Assembling relevant NRA information

Executor

week 4

1

    

  I.3

Triggering event identification and evaluation

Executor

week 4

1

    

  I.4

Notifying NRA

Executor

week 5

1

    

  I.5

Updating product information databases (de-listing)

Executor

week 5

1

    

  I.6

Updating  NRA establishment databases (de-registration)

Executor

week 5

1

    

  I.7

Communication plan with healthcare providers, distributors, and consumers development

Executor

week 6

2

    

  I.8

Return or destruction of remaining stock monitoring

Executor

week 6

1

   

Report

F

Final Phase In-house Post-Authorization Activity

       

  F.1

Service Acceptance Certificate signing

MAH

week 7

1

    

  F.2

Final Invoice

Executor

week 7

1

    

  F.3

Final Payment

MAH

week 7

1

    

  F.4

Contract Termination

Executor

week 7

1

    

  F.5

Archiving and limiting access

Executor

week 8

1

   

Archiving

 

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