TTIP as a Platform for Progress in Pharma and Medtech Regulations

Abstract

Opponents of the transatlantic trade and investment partnership treaty (TTIP) fear that the EUmight lose the capacity to protect public health as it deems appropriate. The freedomto regulate would be jeopardized because TTIP would bind the EU to the United States’ regulatory interests, which are expressly or implicitly assumed to live up to a ‘lower’ standard than those in the EU. The ‘TTIP–leaks’ provide a good opportunity to examine the potential impact of the agreement on EU public health regulation. This brief contribution uses as its starting point the document “Tactical State of Play of the TTIP negotiations” (hereafter “Tactical Document”) of March 2016, and focuses on pharmaceuticals and medical devices. In light of the statements in this document, we query what would change for the EU consumer, and what would be the impact on the EU regulators’ role in protecting public health.