The import into the customs territory of medicinal products for human use and the import and export of gene therapy preparations or xenogenic cell therapy preparations mentioned in 12° and 13° of Article L. 5121-1 are subject to prior authorisation issued by the Agence nationale de sécurité du médicament et des produits de santé.
The marketing authorisation provided for in Article L. 5121-8 and Article L. 5121-9-1, the registrations provided for in Articles L. 5121-13 and L. 5121-14-1, the authorisations or compassionate prescription frameworks provided for in Articles L. 5121-12 and L. 5121-12-1 or the authorisation provided for in 12° and 13° of Article L. 5121-1 are deemed to be authorisations within the meaning of the previous paragraph. The authorisation provided for in article L. 1123-8 is equivalent to an import authorisation for any medicinal product required to carry out the authorised research involving the human person.
Such authorisation is not required for a private individual who personally transports a medicinal product, or for the doctor of a sports team, or for a military health professional accompanying foreign nationals under the conditions provided for in article L. 4061-6, who personally transports a medicinal product or who imports a medicinal product by another means.
When a private individual imports a medicinal product by means other than personal transport, he is also not subject to the requirement for prior authorisation if the medicinal product meets one of the following conditions:
1° It is the subject of a marketing authorisation within the meaning of Article 6 of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use or of a registration within the meaning of Articles 14 and 16a of the same Directive in a State party to the Agreement on the European Economic Area;
2° It is authorised in the third country of origin and the individual presents the customs department with a copy of the prescription certifying that the medicinal product is intended for treatment prescribed by a doctor established in the country of origin.