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have regulated until the present time the conduct of clinical trials with medicinal products and Ethics
Committees as guarantors of their ethical and scientific quality. Subsequently, Act 29/2006, of 26
July, on guarantees and the rational use of medicinal products and medical devices, as well as
currently the consolidated text approved by Royal Legislative Decree 1/2015, of 24 July, covering
clinical trials with medicinal products in its Title III under the heading "On the guarantees of research
in medicinal products for human use" and, additionally, Order SCO/256/2007, of 5 February,
establishing detailed principles and guidelines of good clinical practice and the requirements for
authorisation of the manufacture or importation of investigational medicinal products for human use
incorporated in its entirety into national law Commission Directive 2005/28/EC, of 8 April, laying
down the principles and guidelines of good clinical practice as regards investigational medicinal
products for human use, as well as the requirements for authorisation of the manufacture or
importation of said products.
However, the regulation of clinical trials with medicinal products has been the object of some
criticism in recent years and public analyses that have focused on the complexity of the procedure of
trial authorisation, which imposed a disproportionate bureaucratic burden on authorisation that has
hindered clinical research in the European Union. Although the European Commission published
various documents to further improve and harmonise the application of legislation, Regulation (EU)
No 536/2014 of the European Parliament and of the Council, of 16 April 2014, on clinical trials on
medicinal products for human use, and repealing Directive 2001/20/EC, has finally been published,
in which profound changes are proposed seeking to simplify procedures without compromising
guarantees for participants in clinical trials.
The new Regulation sets out, on the one hand, common procedures for clinical trial
authorisation throughout Europe, urging Member States to cooperate in assessment by means of a
single common position, but on the other hand, leaves outside of this cooperation those aspects of
an intrinsically national nature requiring assessment by each Member State. Moreover, to promote
clinical research in the European Union, it sets very tight periods for assessing an application
dossier, maintains the concept of tacit authorisation and sets no minimum timelines for authorisation.
The new European Regulation also introduces some changes in definitions that are of great
relevance, particularly but not only, for research sponsored by academic investigators. Thus, it
introduces the concept of "low-intervention clinical trial", in which it calls for less rigorous rules in
aspects such as monitoring, the content of the master file, or traceability, without prejudice to the
safety of the individuals participating in these trials.
In summary, and given that the European Commission has opted for the legal form of a
Regulation, the aspects regulated in this are directly applicable for Member States and shall result in
a lower variability in the application of the rules. However, the same regulation leaves to national
development basic aspects such as the system by which each State reaches a single position in
assessment, assessment of ethical issues and informed consent, or mechanisms of compensation,