GovWire

Guidance: Export and hoarding of restricted medicines

Department Of Health

June 28
10:51 2023

Hoarding of medicines is when wholesale dealers withhold a medicine when its in short supply.

Exporting and hoarding of medicines can create or worsen medicine shortages.

The government has restricted the export and hoarding of some medicines already placed on the UK market and where there is evidence of a critical shortage, or a risk of a critical shortage, which could adversely impact UK patients.

Restrictions are used to support wholesalers to meet their legal obligation to supply the UK market, but only where less trade restrictive measures are not sufficient on their own.

The restricted medicines list is reviewed and updated regularly. It is your responsibility to check it before exporting medicines.

As of 1 January 2021, you may no longer be able to export branded medicines that have been placed on the UK market to countries in theEEA.

Check the guidance on the exhaustion of Intellectual Property rights and parallel trade.

Medicines you cannot export or hoard

See the list of medicines that you cannot export from the UK or hoard because theyre needed to meet the needs of UK patients.

This list is reviewed and updated regularly. Its your responsibility to check this list before exporting medicines.

The restrictions apply to exports to all countries in or outside the EEA.

Sign up to receive an email alert when the list is updated.

Exporting to countries in or outside the EEA

You cannot export medicines on the restricted medicines list that have been put on the market for UK patients to other countries in or outside the EEA.

As of 1 January 2021 you may no longer be able to export branded medicines that have been placed on the UK market to countries in the EEA.

Check the guidance on the exhaustion of Intellectual Property rights and parallel trade from 1 January 2021.

How we decide which medicines to restrict

DHSC regularly reviews the list of medicines subject to export restrictions to ensure that restrictions are applied in a targeted, transparent, proportionate and time-limited manner.

As part of that review process, the UK has committed to removing medicines from the list that no longer meet the criteria for inclusion, consistent with the UKs World Trade Organisation obligations.

DHSCwill prohibit the export of a medicine if it considers that the following conditions are met:

  • the medicine is required to meet the needs of UK patients
  • the medicine is currently in critical shortage or at risk of being in critical shortage
  • the export of the medicine would contribute to a critical shortage, or risk of critical shortage, of that medicine in the UK

The UK government only applies controls on the export of medicines made specifically for the NHS or those already placed on the UK market, intended for UK patients, and where there is evidence of a critical shortage or a potential critical shortage, especially with COVID-19 still driving unpredictable supply of, and demand for, many critical products in ICU and other hospital settings.

Medicines are only restricted where the critical need cannot be met by alternative measures alone.

Updates to the list of medicines are communicated by the World Trade Organisation (WTO) secretariat and published on the WTO website.

How medicines are listed

Most medicines are listed by virtual therapeutic moiety (VTM) and the list indicates which strengths and pharmaceutical forms the restrictions apply to. If no VTM is available, the medicines are listed by actual medicinal product (AMP).

See which products are covered by a VTM in the Dictionary of Medicines and Medical Devices.

If a VTM has one active ingredient, then only medicines containing that active ingredient are covered by the restrictions and not any medicines that contain multiple active ingredients.

If a restricted product has salt forms, the restrictions apply to all salt forms unless specific salt forms are listed.

Exporting medicines for which you hold a marketing authorisation

You can continue to export medicines on the restricted medicines list if you, or a company in your group of companies, holds a marketing authorisation for those medicines. The restrictions do not apply.

Exporting UK licensed medicines that are unlicensed in the destination country

You cannot export medicines on the restricted medicines list that have been put on the market for UK patients, whether they are licensed or unlicensed in the destination country.

Exporting medicines that are licensed under article 126a in the destination country

You can continue to export medicines on the restricted medicines list that are licensed under article 126a of Directive 2001/83/EC in the destination country. The restrictions do not apply.

Exporting medicines meant for markets abroad

You can continue to export medicines on the restricted medicines list that are manufactured and intended for markets abroad. The restrictions do not apply.

This includes medicines in packaging and labelled for markets abroad but may also include medicines in UK packaging with UK labelling if they were manufactured and intended for other markets and the supply has been part of the forecast of the marketing authorisation holder.

Exporting medicines to ships, planes, the armed forces and British citizens abroad

You can continue to export medicines on the restricted medicines list to:

  • ships
  • planes
  • the British, UN and NATO armed forces
  • British citizens abroad

The restrictions do not apply.

Exporting to crown dependencies and overseas territories

You can continue to export medicines on the restricted medicines list to the crown dependencies and overseas territories. The restrictions do not apply.

Exporting medicines for use by international humanitarian organisations

You can continue to export medicines on the restricted medicines list for use by international humanitarian organisations. The restrictions do not apply.

Exporting medicines for clinical trials and other research purposes

You can continue to export medicines on the restricted medicines list for use in clinical trials and for other research purposes. The restrictions do not apply.

Exports that have already been agreed

If you receive a final agreed purchase order from an importer before the date of

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