I.-If the manufacturer of a device referred to in Article 1 of Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 or, where applicable, its authorised representative, having become aware of a serious incident occurring on French territory concerning this device, fails to notify the National Agency for the Safety of Medicines and Health Products in accordance with the procedures and time limits laid down in Article 87 of this Regulation, it shall be punishable by two years’ imprisonment and a fine of €150,000.
II.-If the manufacturer of a device referred to in Article 1 of Regulation (EU) 2017/745, made available on French territory, fails to immediately notify the National Agency for the Safety of Medicines and Health Products of the serious incident.Failure by the manufacturer of a device referred to in Article 1 of Regulation (EU) 2017/745, made available on French territory, to immediately inform the Agence nationale de sécurité du médicament et des produits de santé that this device presents a serious risk, in disregard of the second subparagraph of Article 10(12) of the same Regulation, is punishable by two years’ imprisonment and a fine of €150,000.
III. -Failure by the manufacturer of a device referred to in Article 1 of Regulation (EU) 2017/745 or, where applicable, its authorised representative, to notify any corrective safety measure relating to a device made available on French territory, or any corrective safety measure taken in a third country concerning a device that is lawfully made available on French territory, under the conditions provided for in Article 87(8) of this Regulation, is punishable by two years’ imprisonment and a fine of 150,000 euros.