The authorisation provided for in article L. 5121-8 is refused if it appears that the assessment of the positive therapeutic effects of the medicinal product or product with regard to the risks to patient health or public health associated with its quality, safety or efficacy is not considered to be favourable, or that it does not have the qualitative and quantitative composition declared, or that the therapeutic effect announced is lacking or insufficiently demonstrated by the applicant.
It is also refused if the documentation and information provided do not comply with the dossier that must be submitted in support of the application.
However, in exceptional circumstances and subject to compliance with specific obligations defined by regulation, concerning in particular the safety of the medicinal product, notification to the Agence nationale de sécurité du médicament et des produits de santé of any incident relating to its use and the measures to be taken in such cases, the marketing authorisation may be granted to an applicant who demonstrates that it is unable to provide complete information on the efficacy and safety of the medicinal product under normal conditions of use. The continuation of this authorisation is decided by the Agency on the basis of an annual reassessment of these obligations and the holder’s compliance with them.
The authorisation provided for in Article L. 5121-8 is suspended, withdrawn or amended under conditions determined by decree in the Conseil d’Etat, and in particular for one of the following reasons:
1° The medicinal product is harmful;
2° The medicinal product does not allow therapeutic results to be obtained;
3° The risk-benefit balance is not favourable;
4° The medicinal product does not have the declared qualitative and quantitative composition;
5° The marketing authorisation holder does not comply with the conditions set out in the same article L. 5121-8 or the obligations imposed on it pursuant to Articles L. 5121-8-1 and L. 5121-24.
The suspension, withdrawal or amendment provided for in the fourth paragraph of this article, as well as any refusal of the authorisation provided for in article L. 5121-8, shall be made public without delay, at the expense of the marketing authorisation holder or applicant, by any means allowing wide distribution to the general public and to healthcare professionals and establishments. Refusal to take this decision is also made public under the same conditions at the Agency’s expense.