EU HTA Regulation FAQ: Key Clarifications for Developers on Transparency, Confidentiality & Timelines
The European Commission has published a Frequently Asked Questions (FAQ) document concerning the Regulation (EU) 2021/2282 on HTA (EU HTAR), which provides clarifications in response to stakeholder questions regarding the interpretation and application of the Regulation.
Key takeaways:
What will (and will not) be published
- JCA reports, summaries, full dossiers, and stakeholder inputs (i.e., experts, patients, developer responses), (if discontinued) justification for discontinuation and missing requested data, will be publicly available
- JSC outcome documents will not be published, alongside individual patient and investigator data
- However, the JCA assessors and co-assessors will have access to JSC outcomes
- If a product underwent JSC, the developer must incorporate the JSC advice in its JCA submission (e.g., listing the JSC’s recommendations and noting any deviations)
Confidentiality
- Developers can request redaction of commercially confidential information (CCI)
- Definition of confidential information is not explicitly defined; assessed case-by-case
- Generally includes information that “seriously undermines the commercial interests of the manufacturer”
- Developers must clearly justify confidentiality and identify specific data to redact
- Commission assesses requests, considering Member State input
- Final decision rests with the Commission
- Developers are informed of accepted/rejected redactions and their right to appeal
Timelines for engagement
- Prior to the completion of the draft JCA report, redaction requests must be submitted within 30 days of the EMA opinion
- Draft JCA reports are shared twice: for factual corrections and CCI claims; developers have 7 days to respond at each stage
Potential implications for developers
- Assess JSC participation, considering that publication risk is no longer a constraint, although JSC recommendations and company deviations will still be reviewed by the JCA and subject to scrutiny
- Plan early for a redaction strategy to accommodate tight timelines
- Ensure robust justification for any confidentiality claims, given the narrow scope of eligible information
References
- European Commission (2026) Regulation (EU) 2021/2282 on health technology assessment (the HTA Regulation): Frequently Asked Questions (FAQ) about the Publication of the Joint Clinical Assessment Report
Article by Marietta Paraskevaides
News
Related News
Read more about our work in the field
