In the absence of an available or suitable pharmaceutical speciality, the medical supply establishments of the armed forces health service may, in order to meet specific defence requirements, import, export and distribute, after obtaining the opinion of the Agence nationale de sécurité du médicament et des produits de santé, a medicinal product authorised in another Member State of the European Union or a State party to the Agreement on the European Economic Area, but which is not the subject in France of either the marketing authorisation provided for in article L. 5121-8, or an application for such authorisation is in progress.