I. – When they are included on the list mentioned in the order provided for in II, medicinal products not subject to the provisions of article L. 5121-8, mentioned in II and III of article L. 5124-8 and in article L. 5124-8-2, may be distributed by the medical supply establishments of the armed forces health service to pharmacists or doctors in ministerial departments or public or private organisations with a public service remit for use:
1° In the event of a threat to national defence and security, in particular in the event of the risk of a nuclear, radiological, biological or chemical accident or attack;
2° In the event of contamination or exposure of a population or individual to a nuclear, radiological, biological or chemical agent.
II. – A joint order of the Minister for Defence and the Minister for Health, issued after consultation with the Agence nationale de sécurité du médicament et des produits de santé, sets :
1° The list of medicinal products concerned and the reasons why they are included on the list;
2° The ministerial departments and organisations to which each medicinal product may be distributed;
3° The conditions under which the medicinal products concerned may be prescribed, dispensed, administered or used;
4° The conditions under which the supply of medicinal products may be renewed;
5° The conditions under which the Minister for Health is involved in defining the conditions for the distribution, administration and use of medicinal products and is kept informed of their implementation.
III. – I and II are applicable to medical devices not subject to conformity certification or to their accessories, mentioned in IV of Article L. 5211-3.
IV -I and II apply to in vitro diagnostic medical devices or their accessories which have not undergone a prior conformity assessment, as referred to in IV of Article L. 5221-3.