I.-Placing on the market or putting into service on French territory a medical device or its accessories is punishable by five years’ imprisonment and a fine of 375,000 euros:
1° Without the EU declaration of conformity having been drawn up in accordance with Article 19 of Regulation (EU) 2017/745;
2° For which the CE marking provided for in Article 20 of Regulation (EU) 2017/745 has been improperly affixed;
3° In the absence of a valid certificate of conformity, drawn up in accordance with Article 56 of Regulation (EU) 2017/745;
4° Not complying with the general safety and performance requirements mentioned in Annex I of Regulation (EU) 2017/745.
II.-Placing on the market or putting into service a product not intended for medical use mentioned in Annex XVI of Regulation (EU) 2017/745 is punishable by five years’ imprisonment and a fine of 375,000 euros:
1° Without the EU declaration of conformity having been drawn up in accordance with Article 19 of Regulation (EU) 2017/745;
2° For which the CE marking provided for in Article 20 of Regulation (EU) 2017/745 has been wrongly affixed;
3° In the absence of a valid certificate of conformity, drawn up in accordance with Article 56 of Regulation (EU) 2017/745;
4° Non-compliant with the general safety and performance requirements mentioned in Annex I of Regulation (EU) 2017/745 or with the common specifications applicable to it.
III.It is punishable by five years’ imprisonment and a fine of 375,000 euros to import or make available on the market a device mentioned in Article 1 of Regulation (EU) 2017/745:
1° Which must be regarded as non-compliant with regard to the checks provided for in paragraphs 2 and 4 of Article 13 of the same Regulation for importers, and in paragraph 2 of Article 14 of that Regulation for distributors;
2° Whose storage and transport conditions, while the device is under the importer’s responsibility, compromise its compliance with the general safety and performance requirements or do not comply with the conditions laid down by the manufacturer;
3° Whose storage and transport conditions, while the device is under the distributor’s responsibility, do not comply with the conditions laid down by the manufacturer.
IV.The penalties referred to in I, II and III are increased to seven years’ imprisonment and a fine of 750,000 euros where:
1° The device marketed is likely to pose a serious risk to human health;
2° The offences referred to in I, II and III of this article were committed by an organised gang;
3° The offences referred to in I, II and III of this article were committed on an electronic communication network intended for a non-specified public.