Clinical research and biomedicine - The influence of the Clinical Trial Directive/Regulation

12 important questions on Clinical research and biomedicine - The influence of the Clinical Trial Directive/Regulation

What is the number of the clinical trial regulation?

536/2004

The approach to clinical trials are different in all the MS, however there are 3 things that has to be organized, which?

  1. Principles of clinical confidentiality and disclosure of patient information
  2. Inclusion of vulnerable groups
  3. Different structures for application of clinical trials

What are the 3 policy aims of the directive/regulation?

  1. Protecting individual research subjects: focus on good clinical practice
  2. Harmonisation of the reporting procedures for safety, monitoring and surveillance of procedures
  3. Ensuring that the approval procedures for trials are speeded up to facilitate scientific progress
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What is the goal of the Clinical Trial Regulation? How is it achieved (7)?

The goal is to streamline the authorization process and harmonise the requirements for clinical trials in the EU.
  1. Single submission dossier submitting via a single EU portal
  2. Simplified rules for low intervention clinical trials
  3. Extension of the tacit agreement principle to whole authorization process
  4. Commission can conduct controls
  5. Consistent rules for conducting clinical trials
  6. New indemnity rules reducing the burden for non commercial sponsors
  7. Integrity/transparancy of research data

On which legal basis does the EU have competences in the field of clinical research? For the directive and for the regulation?

Directive: old art. 95 ECT
Regulation: art. 114 TFEU & 168.4 TFEU

What is the scope of application of the directive?

The directive applies to clinical trials on medicinal products
  • only about clinical trials: research conducted on humans and that are necessary to test the medicinal product
  • experimental treatment is excluded
  • does not apply to:
    • psychological research
    • research into medical devices
    • research into tissue, organs or blood
    • embryo research
  • = only the MS have the competence to deal with these

Which article sets out the basic guidelines for the ethics committee to conducer when assessing trials?

Art. 6.3 Directive

What has been added to the role of the committee since the regulation?

The principle of impartiality means that the committee is indecent from the research location.
  • it's an independent body
  • the review may encompass aspect addressed in part 1 and 2

How does art. 29 of the regulation protect the clinical trial subject?

Informed consent

  • written, dated and signed
  • duly informed
  • informed consent shall be documenten
  • adequate time to consider his participation


Information duty
  • enable to understand
  • be kept comprehensive
  • provided in a prior interview
  • info about damage compensation system
  • info on EU trial number and about availability of trial
  • summary of results will be available in EU database

Which specific articles protect minors and mentally incapacitated adults

Art. 4 and 5 directive
Art. 31-33 regulation

What provisions are related to surveillance of trials?

Art. 16-18 Directive
  • info concerning trials in MS is to be entered into a central EU database


Art. 40-46 Regulation
  • electronic database
  • reporting to the sponsor
  • reporting to the agency
  • annual reporting
  • assessment by member states

What 3 aspects are still to be regulated by the member states after the adoption of the regulation

  1. "Who can be a legal representative"
  2. Authorization and oversight of clinical trials: remains the responsibility of MS
  3. Ethically controversial research bv cloning
  4. MS may maintain additional measures regarding
    • persons performing mandatory military service
    • persons deprived of liberty
    • persons wh cannot take part in clinical trials

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