Regulatory Impact Assessment Report on Medicines and Allied Substances (Marketing Authorization of Medicine) Regulations

Summary

  •  

    PROBLEM STATEMENT

    Zambia lacks a developed pharmaceutical manufacturing industry to supply locally made essential drugs. As of 2022, there were ten registered pharmaceutical manufacturing companies in Zambia, seven of which are undertaking full manufacturing while three were involved in the repackaging of finished pharmaceutical products. Of the seven companies undertaking full manufacturing, only four were active. These companies were mostly engaged in the manufacturing of generic small and large volume parenteral, oral solid dosage forms, liquid dosage forms, powders, external preparations and medical supplies. Data from the Zambia Medicines Regulatory Authority (ZAMRA) indicated that only 123 registered medicines were produced locally, out of over 8,154 medicines on their register as of June 2022. Therefore, it was, estimated that the local production of medicine represented between 10 to 15 percent of the demand for pharmaceuticals in Zambia. (Parliamentary Committee Report on Health and Community Services, 2022).

    As a result the country has been relying on imported drugs.  The importation of pharmaceutical products has further resulted in the Government accumulating debt owed to players in the pharmaceutical sector for the provision of various goods and services. The resultant effect of this debt was the shortage of medicines and medical supplies in most public health facilities. The shortage of medicines had impacted the patients negatively as they bear the cost of accessing medicines and medical supplies from private pharmacies.

    According to the United Nations COMTRADE database on international trade, Zambia’s import for pharmaceutical products was US$208,422,130 in 2019 and US$260,058,974 in 2020 as indicated in the table below:

    YEAR

    VALUE (USD)

    VALUE (ZMW)

    2015

    223,748,437

    2,058,341,148

    2016

    249,627,428

    2,563,189,045

    2017

    173,420,050

    1,648,264,910

    2018

    269,886,125

    2,831,970,494

    2019

    208,422,130

    2,648,185,848

    2020

    260,058,974

    4,856,295,395

     

    This costly undertaking resulted in the Government accumulating debt of about K3 billion as of 31st January 2020, owed to players in the pharmaceutical sector for the provision of various goods and services.

    The Zambia Pharmaceutical Business Forum attributes the failure to attract investments in the sector to a range of issues such as taxes on inputs into manufacturing process and other customs impediments. The Forum also attributes the problem to high regulatory fees under the Zambia Medicines Regulatory Authority. It is this later issue that this regulatory impact assessment focusses on.

    The fees referred to are contained in the Medicines and Allied Substances (Marketing Authorization of Medicine) Regulations, Statutory Instrument No. 79 of 2019. The fees are reportedly too high and contribute to the already high cost of doing business for the pharmaceutical industry.  The fees are categorized as follows:

     Marketing Authorization

    Description

    Applicable fee

    Application approval timeline

    Human Medicine generic

    USD 2000/product

    12 – 18 months

    New Chemical Entities (NCE)

    USD 2800

    12 – 18 months

    Biologicals

    USD 2800`

    12 – 18 months

    Allied substances

    USD 500

     6 – 12 months

     

    Amendment to Marketing Authorization

    Description

    Applicable fee

    Application approval timeline

    Minor Amendment

    USD 100/change

    unknown

    Major amendment

    USD 500/Change

    Unknown

     

     Importation of Medicines & Allied substances (Import permit)

    Description

    Applicable fee

    Application approval timeline

    Registered Products

    1.5% of Invoice FOB value

    5 – 14 working days

    Unregistered Products

    5% of Invoice FOB value

    5 – 14 working days

    Donation of products

    1% of Invoice FOB value

    5 – 14 working days

     

     Other fees

    Description

    Applicable fee

    Application approval timeline

    MA Renewal

    USD 1,200/Product

    unknown

    Annual Retention

    USD 800/ Human Medicine product

    USD 200/ Allied substance

    N/A

     

     Good Manufacturing Practices (GMP) fees

    Description

    Applicable fee

    Application approval timeline

    Fees for GMP document evaluation (Desk audits)/Manufacturing site

    USD 3500

    Unknown  

    Comments are invited from stakeholders on this matter. Stakeholders may provide any other relvant information on why investments in pharmaceutical manufacturing have not been anywhere close to meeting domestic demand for medical supplies. 

     

Affected Sector(s) and Expected Impact

  • Manufacturing
  • Pharmaceutical Industry, Health, Livestock 

Specific Instructions:

  • This is a preliminary call for comments. Stakeholders are encouraged to read the full text of the Regulatory Impact Assessment upload on the supporting documents section of this Notice for comments.

    For further details on consultation, contact the Business Regulatory Review Agency on tel. 0211 259165 or 0962016343.

Offline Consultations:

  • For further details on consultation, contact the Business Regulatory Review Agency on tel. 0211 259165 or 0962016343.

Agencies