The Director General of the Agence nationale de la sécurité sanitaire de l’alimentation, de l’environnement et du travail may impose financial penalties on natural or legal persons producing or marketing veterinary medicinal products mentioned in article L. 5141-2 or providing services associated with these veterinary medicinal products, financial penalties and, where appropriate, daily fines in the event of failure to comply with the following obligations:
1° The obligation, for the applicant for a marketing authorisation for a veterinary medicinal product intended for a limited market, to comply with the requirements laid down in Article 23 of Regulation (EU) 2019/6 of 11 December 2018;
2° The obligation, for the applicant for a marketing authorisation submitted in exceptional circumstances, to comply with the requirements of Article 25 of the same Regulation ;
3° The obligation on the holder of a marketing authorisation to introduce any necessary variation to the terms of the marketing authorisation to take account of technical and scientific progress and to ensure that veterinary medicinal products can be manufactured and controlled in accordance with generally accepted scientific methods, in accordance with paragraph 3 of Article 58 of the same Regulation;
4° The obligation on the holder of a marketing authorisation to keep the summary of product characteristics, package leaflet and labelling up to date with the latest scientific knowledge, in accordance with paragraph 4 of Article 58 of the same Regulation;
5° An obligation on the holder of a marketing authorisation to record in the database on veterinary medicinal products the dates on which authorised veterinary medicinal products are placed on the market, information on the availability of each veterinary medicinal product and, where appropriate, the dates of any suspension or withdrawal of the marketing authorisations concerned, as well as data on the volume of sales of the medicinal product, in accordance with paragraphs 6 and 11 of Article 58 of the same Regulation;
6° An obligation on the holder of a marketing authorisation to provide, within a specified period, at the request of the National Agency for Food, Environmental and Occupational Health and Safety, any data proving that the risk-benefit balance remains positive, in accordance with paragraph 9 of Article 58 of the same Regulation;
7° The obligation on the holder of a marketing authorisation to communicate any new information likely to entail amendment of the terms of that authorisation, any prohibition or restriction imposed by the competent authorities of any country in which the veterinary medicinal product is marketed, or any other information which might influence the evaluation of the benefits and risks of the medicinal product, in accordance with paragraph 10 of Article 58 of the same Regulation;
8° The obligation for the holder of a marketing authorisation to place the veterinary medicinal product on the market in accordance with the content of the summary of product characteristics, labelling and package leaflet included in the marketing authorisation, in accordance with Article 15 of the same Regulation;
9° The obligation for the holder of a marketing authorisation or registration to record and report suspected adverse events concerning their veterinary medicinal products, in accordance with Article 76(2) of the same Regulation;
10° The obligation, for the holder of a marketing authorisation or registration, to collect specific pharmacovigilance data, in addition to the data listed in paragraph 2 of Article 73 of the same Regulation, and to carry out post-marketing or post-registration surveillance studies, in accordance with paragraph 3 of Article 76 of the same Regulation;
11° The obligation for the holder of a marketing authorisation or registration to ensure that information relating to pharmacovigilance intended for the general public is presented objectively and is not misleading, and to inform the Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail thereof, in accordance with paragraph 11 of Article 77 of the same Regulation;
12° The obligation for the holder of a marketing authorisation or registration to implement a pharmacovigilance system in order to carry out pharmacovigilance tasks, in particular the management of a pharmacovigilance system master file, in accordance with Article 77 of the same Regulation;
13° The obligation for the marketing authorisation or registration holder to produce, at the request of the Agence nationale de la sécurité sanitaire de l’alimentation, de l’environnement et du travail, a copy of the pharmacovigilance system master files, in accordance with Article 79(6) of the same Regulation;
14° The obligation for the marketing authorisation or registration holder to carry out the signal management process and to record the results of this process in accordance with Article 81(1) and (2) of the Regulation;
15° The obligation, for the holder of a marketing authorisation, to submit any application to vary the terms of the marketing authorisation at the request of the Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail, in accordance with paragraph 4 of Article 129 and Article 130 of the same Regulation;
16° The obligation to have professional premises in accordance with Article L. 5142-1-3;
17° The obligation, for the establishments mentioned in article L. 5142-1, to comply with the good practices mentioned in paragraph 6 of article 77, paragraph 2 of article 93, and paragraph 8 of article 95 of the same regulation;
18° The obligation to carry out non-clinical or clinical trials in compliance with the good practices mentioned in article L. 5141-4; 19° The obligation, for the establishments mentioned in article L. 5142-1, to comply with the good practices mentioned in paragraph 6 of article 77, paragraph 2 of article 93, and paragraph 8 of article 95 of the same regulation. 5141-4;
19° The obligation to transmit to the Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail the information mentioned in article L. 5141-14-1 concerning the wholesale and retail sale and distribution of medicinal products containing one or more antimicrobial substances;
20° The obligation to comply with the decisions of the Director of the Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail taken pursuant to Articles L. 5145-2-1, L. 5145-2-2 and L. 5145-3;
The amount of the financial penalty is set according to the seriousness of the acts and the financial situation of the company, up to a maximum of 50,000 euros, and the daily penalty up to a maximum of 2,500 euros. The amount of the financial penalty is doubled if the sanctioned practices are repeated.