I. – Without prejudice to decisions to vary, suspend or withdraw marketing authorisations, the Agence nationale de sécurité du médicament et des produits de santé may, in the interests of public health, prohibit the prescription and supply of a proprietary medicinal product and withdraw it from the market under conditions laid down by decree in the Conseil d’Etat, and in particular for one of the following reasons:
1° The proprietary medicinal product is harmful;
2° The medicinal product does not allow therapeutic results to be obtained;
3° The risk-benefit ratio is not favourable;
4° The proprietary medicinal product does not have the declared qualitative and quantitative composition;
5° Checks on the proprietary medicinal product or on the components and intermediate products of manufacture have not been carried out or another requirement or obligation relating to the granting of the manufacturing authorisation has not been complied with.
II – The Agency may limit the prohibition on supply and the withdrawal from the market to the manufacturing batches requiring it.
For a proprietary medicinal product whose supply has been prohibited or which has been withdrawn from the market, the Agency may, in exceptional circumstances and for a transitional period, authorise the supply of the proprietary medicinal product to patients who are already being treated with it, under conditions determined by decree in the Conseil d’Etat.
III – The decision provided for in I will be made public without delay, at the expense of the marketing authorisation holder, by any means allowing wide distribution to the general public and to healthcare professionals and establishments. The refusal to take this decision is also made public under the same conditions at the Agency’s expense.