Status on : adopted by the Council; Parliament's final vote expected 23 November 2026.

Legislative timeline
Change #2 of 10: Environmental / RA

EU environmental risk assessment (ERA): screening legacy medicines for gaps

Your ERA was optional in 2005. The new rules reach back to it.

Articles 23 to 25 of the agreed directive text tighten environmental risk assessment: four hazard classes to report, an EMA programme for products authorised before 30 October 2005 that never had an ERA, and an inadequate ERA as a ground for refusal (Art. 50). Most regulatory teams don't know which products are exposed.

Art. 23–25: ERA

Legacy products brought into scope

Agreed text
Current: Directive 2001/83/ECScope illustrated
No ERA (pre-Oct 2005)
ERA required
Agreed textRisk-based
EMA programme
ERA required

Schematic coverage comparison; widths do not represent portfolio proportions.

'05Products authorised before 30 October 2005 were not required to have an ERA. EMA must set up a risk-based programme for those it identifies as potentially harmful.

The new directive closes the gap in two steps: every new application needs a complete ERA, and legacy products are brought in through EMA's risk-based programme, starting with the ones it flags rather than all at once.

The scale of the problem

ERA gaps in every legacy portfolio

For products authorised after October 2005, ERAs exist but many were never revisited. For older products, the requirement simply didn't exist.

2005

Cut-off: products authorised before 30 October 2005 that never had an ERA can be called in under an EMA programme

SourceArt. 24, agreed directive text

4

Hazard classes the ERA must report: PBT, vPvB, PMT and vPvM, alongside endocrine activity

SourceArt. 23(2), agreed directive text

30mo

For EMA to set up the legacy ERA programme, counted from entry into force

SourceArt. 24(1), agreed directive text
What's actually changing

From advisory to obligation

Environmental risk assessment has been required in principle. In practice it carried little weight, and legacy products were never reassessed.

ERA status

Current EU rules

Required in new MA applications since October 2005, following EMA's ERA guideline. Environmental risk is not a ground for refusing an MA.

Agreed text

ERA follows EMA's guidelines or justifies divergence, includes risk mitigation measures, and is updated when new information could change its conclusions. An incomplete or unaddressed ERA is a ground for refusal (Art. 23, 50).

Hazard categories

Current EU rules

The EMA guideline screens for PBT and vPvB properties.

Agreed text

ERA states whether any ingredient is an endocrine active agent or meets the PBT, vPvB, PMT or vPvM hazard classes of the CLP Regulation (Art. 23(2)). These can also justify prescription-only status (Art. 54(1)(f)).

Legacy products (pre-October 2005)

Current EU rules

No retroactive obligation. Products authorised before ERA became a requirement were never asked for one.

Agreed text

EMA sets up a risk-based programme within 30 months of entry into force. Products it identifies as potentially harmful must submit an ERA, and the outcome is published (Art. 24).

ERA monographs

Current EU rules

No central substance-level ERA database. Each MAH conducts a full ERA independently, duplicating work across companies.

Agreed text

EMA builds an active substance-based ERA monograph system, starting with a proof-of-concept pilot due within three years of entry into force (Art. 25).

The agreed text is not yet published in the Official Journal. Application dates will be fixed by the published act.

How Regunaut helps

Find the ERA gaps before a procedure does

Workbench answers the ERA questions your team has today, against the agreed text and EMA's guideline. Atlas keeps the products and dates the answer depends on, and Alerts catches EMA's next step.

Workbench+ New Chat
☷ Quick Tasks / ERA exposure in a legacy portfolio Sources
You09:14 AM

A third of our portfolio was authorised before 2005 and has no ERA on file. Which products are exposed under the new directive, and what should we do now?

Regunaut09:14 AM
  1. understanding your question…

    ERA screening · current rules against the agreed text

Warning details⌄
  • Based on the agreed text, which is not yet in the Official Journal. Dates count from entry into force.

1. Short answer

Products authorised before 30 October 2005 without an ERA only need one if EMA's risk-based programme identifies them. For applications, an incomplete ERA becomes a ground for refusal, and four hazard classes must now be reported.

2. What changes

AreaTodayAgreed text
Legacy productsNo ERA ever requiredEMA programme can call in an ERA; outcome published [Art. 24]
Hazard classesPBT and vPvB screeningAlso PMT, vPvM and endocrine activity [Art. 23(2)]
Weight of the ERANot a ground for refusalIncomplete ERA is a ground for refusal [Art. 50]

3. What to do now

  • List the products authorised before 30 October 2005 with no ERA on file.
  • Screen their active substances against the PBT, PMT, vPvB and vPvM criteria.
  • Plan studies for the likeliest candidates before EMA's programme opens.
Citations (5)⌄
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Where things stand

ERA rules are already tightening

EMA's revised ERA guideline is in force today, and the agreed text gives ERA real consequences.

Rev. 1

Revised EMA ERA guideline, legally effective since 1 September 2024 and replacing the 2006 version

EMA, EMEA/CHMP/SWP/4447/00 Rev. 1

3 years

Deadline for EMA's proof-of-concept pilot of ERA monographs, counted from entry into force

Art. 25(4), agreed directive text

Art. 50

An incomplete or insufficiently substantiated ERA becomes a ground for refusing a national MA

Art. 50(1)(e), agreed directive text

Common questions

What teams are asking about ERA

Which products need an ERA under the new directive?

Every MA application includes an ERA, as today. Under the agreed text, MAHs must also update the ERA when new information could change its conclusions, and authorities must request updates to older ERAs where information is missing for products potentially harmful to the environment. Products authorised before 30 October 2005 come in through EMA's risk-based programme.

What is PMT and how is it different from PBT?

PBT substances accumulate in organisms and ecosystems. PMT substances persist in the water environment and move through soil into drinking water, but they don't bioaccumulate in organisms. Many pharmaceuticals not classified as PBT may still meet PMT criteria, particularly small, polar molecules.

My product was authorised before October 2005. When does it need an ERA?

Not automatically. EMA must set up a programme within 30 months of entry into force for products authorised before 30 October 2005 that never had an ERA and that it identifies as potentially harmful. If your product is identified, you submit an ERA to EMA and the outcome is published. Screening now tells you which products are likely candidates.

What are ERA monographs and can I use them?

The agreed text tells EMA to build an active substance-based ERA monograph system, starting with a proof-of-concept pilot due within three years of entry into force. How monographs can support new applications will be set by delegated act. Alerts watches EMA for the pilot and for published monographs.

Can a missing ERA actually cause my MA to be refused?

Under Art. 50(1)(e) of the agreed text, a national MA is refused where the ERA is incomplete or insufficiently substantiated, or identified risks are not addressed, unless the applicant justifies this and the authority grants the MA with conditions such as post-authorisation ERA studies. Today, environmental risk is not a ground for refusal.

Know where your ERA gaps are before a variation finds them

Most teams learn about an ERA gap once a procedure is already open. Start with the products authorised before 2005 and the substances most likely to meet the new hazard classes.

Book an ERA walkthrough

30 minutes on your own portfolio: which products are exposed, and how Atlas, Alerts and Workbench keep track of them.

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Ask Workbench yourself

Put your ERA questions to Workbench and get answers that cite the agreed text and EMA's guideline.

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