I. – A National Commission for Research Involving the Human Person, responsible for coordinating, harmonising and evaluating the practices of the Committees for the Protection of Individuals, has been set up under the authority of the Minister for Health.
Each year, it submits recommendations to the Minister for Health concerning the consequences, in terms of healthcare organisation, of research whose results are of major interest for public health.
The National Commission and the National Agency for the Safety of Medicines and Health Products are consulted on draft laws and decrees concerning research involving human subjects.
The National Commission acts in consultation with the Committees for the Protection of Individuals.
II. – Any member of the National Commission for Research Involving the Human Person who takes part in the work or deliberations of the National Commission when he or she has a direct or indirect interest in the matter being examined is liable to five years’ imprisonment and a fine of €75,000.
Members of the National Commission for Research Involving the Human Person are required to draw up and update a declaration of interests under the conditions set out in article L. 1451-1. The fact of knowingly failing to draw up such a declaration, to amend it in order to update the data contained therein or to provide misleading information that undermines the sincerity of the said declaration is punishable by a fine of €30,000.
For the offences referred to in this II, persons are also liable to the additional penalties provided for in Article L. 1454-4.
III. – The procedures for applying this article and the composition of the national commission are set by decree.