Regulation (EU) 2022/123 empowers the EU to better prepare for and react to health crises quickly, efficiently, and in a coordinated manner. It formalises some of the structures and processes EMA set up in the COVID-19 pandemic and assigns new tasks to EMA in the following areas:
- Monitoring and mitigating potential or actual shortages of critical medicinal products and medical devices
- Providing scientific support to the timely development of high quality, safe and effective medicines during public health emergencies
- Ensuring the smooth functioning of expert panels to assess high-risk medical devices and advise on crisis preparation and management
The Regulation became applicable on 1 March 2022 for medicines and on 2 February 2023 for shortages of critical medical devices.
It is part of the European Health Union package proposed by the European Commission in November 2020 and is in line with the priorities of the European medicines regulatory network.
EMA works with the Commission and other EU partners to implement all the provisions in the Regulation.
Shortages of critical medicines and medical devices during a major event or public health emergency
EMA has the following responsibilities for monitoring and mitigating medicine and medical device shortages under Regulation (EU) 2022/123:
- Monitoring events, including medicine shortages, which might lead to a crisis situation (public health emergencies or major events), building on structures and processes set up by EMA including the single point of contact (SPOC) network and the industry single point of contact (iSPOC) network
- Reporting shortages and coordinating responses of EU countries to shortages of critical medicines during a crisis (and listed on the list of critical medicines for a major event or public health emergency)
- Monitoring events, reporting shortages and coordinating responses of EU countries to shortages of critical medical devices and in-vitro diagnostic medical devices during public health emergencies
- Setting up and maintaining the European Shortages Monitoring Platform to facilitate the collection of information on shortages, supply and demand of medicinal products, including information from marketing authorisation holders (by early 2025)
- Setting up two steering groups to coordinate EU actions to mitigate supply issues with medicines and medical devices, the Executive Steering Group on Shortages and Safety of Medicinal Products and the Executive Steering Group on Shortages of Medical Devices. The Executive Steering Group on Shortages and Safety of Medicinal Products is also responsible for the evaluation and coordination of actions regarding the safety, quality and efficacy of medicines during crisis situations.
The key benefits of EMA having these responsibilities include:
- More coordination in preventing and mitigating medicine shortages during and in preparation for crisis situations
- More coordination in preventing and mitigating medical device shortages during public health emergencies
- Providing a centralised EU platform to report, monitor, prevent and manage medicine shortages
Implementation timetable
Action | Implementation date |
Establish Executive Steering Group on Shortages and Safety of Medicinal Products | May 2022 |
Establish the Medicines Shortage SPOC Working Party for the monitoring and reporting of events that may lead to a crisis situation | May 2022 |
Provide guidance to marketing authorisation holders on the industry SPOC (i-SPOC) network | July 2022 |
Develop IT processes to allow assigning iSPOCs by marketing authorisation holders | June 2022 |
Establish a list of critical medicines for COVID-19 - this list is no longer active since the World Health Organization (WHO) declared an end of the public health emergency on 5 May 2023 | June 2022 - May 2023 |
Establish a list of therapeutic groups for identifying critical medicines | July 2022 |
Establish a list of critical medicines for monkeypox - this list is no longer active since WHO declared an end of the public health emergency on 11 May 2023 | August 2022 - May 2023 |
Application of provisions on shortages of critical medical devices | 2 February 2023 |
Establish Executive Steering Group on Shortages of Medical Devices | March 2023 |
Establish the Medical Device Shortages SPOC Working Party | June 2023 |
Establish the European Shortages Monitoring Platform (ESMP) | February 2025 |
Medicine development, approval and monitoring during emergencies
EMA has the following responsibilities for medicine development, approval and monitoring in preparation for and during public health emergencies under Regulation (EU) 2022/123:
- Set up an Emergency Task Force (ETF) to provide scientific advice and review evidence on medicines with the potential to address a public health emergency, offer scientific support to facilitate clinical trials, and support EMA scientific committees with the authorisation and safety monitoring of medicines and with recommendations on the use of medicines prior to authorisation. The ETF will build on experiences gained with the 'COVID-19 EMA pandemic Task Force' set up by EMA during the COVID-19 pandemic
- Coordinate independent studies on the use, effectiveness and safety of medicines related to public health emergencies, including vaccine effectiveness and safety studies, together with the European Centre for Disease Prevention and Control (ECDC)
- Invest in and leverage real-world evidence to support crisis preparedness and response, including through DARWIN EU to provide access to evidence from healthcare databases across the EU
The key benefits of EMA having these responsibilities include:
- Accelerated evaluation and access to safe and effective medicines which could treat or prevent a disease causing or likely to cause a public health emergency
- Improved data quality and use of resources through increased support at EU level towards clinical trials conduct in preparation for and during a public health emergency and through harmonised scientific advice
- Improved coordination and harmonisation at EU level of necessary regulatory activities in preparation for and during a public health emergency
Implementation timetable in 2022
Action | Implementation date |
Set up Emergency Task Force (ETF) | March 2022 |
ETF starts operating | April 2022 |
Update EMA's health threats plan to take account of changes introduced by Regulation (EU) 2022/123 | Expected September 2022 |
Expert advice on high-risk medical devices
Under Regulation (EU) 2022/123, EMA is responsible for ensuring the smooth functioning of EU expert panels for certain high-risk medical devices. For more information, see:
EMA took over coordination of these expert panels from the European Commission's Joint Research Centre.
The key benefits of EMA having this responsibility include:
- Sustainable operation of the expert panels in the long term
- Improved cooperation between the ETF and expert panels during public health emergencies
Implementation timetable in 2022
Action | Implementation date |
Set up permanent secretariat to support the medical device expert panels | March 2022 |