The Agence nationale de sécurité du médicament et des produits de santé (French National Agency for the Safety of Medicines and Health Products) imposes financial penalties on natural or legal persons producing or marketing products mentioned in Article L. 5311-1 or providing services associated with these products, which may be accompanied by daily fines, in the cases provided for by law and, where applicable, by decree of the Conseil d’Etat.
It may, where appropriate, give formal notice to the same persons to rectify the situation.
The agency will first give the natural or legal person concerned the opportunity to present its observations, indicating the possibility of being assisted by counsel.
The amounts of the financial penalty and the periodic penalty payment are proportionate to the seriousness of the breaches observed. They shall take account, where appropriate, of any repetition of the breaches sanctioned within a period of two years from the date on which the first sanction decision became final.
The financial penalties and periodic penalty payments referred to in this article shall be paid to the Treasury and recovered in the same way as State debts not relating to taxes or property.
The procedures for applying this article shall be laid down by decree in the Conseil d’Etat.