I.-The Committee to which a request for an opinion on a research project involving the human person has been submitted shall give its opinion within a period of forty-five days. If the Committee remains silent at the end of this period, the request will be rejected.
This period runs from the date on which the Protection Committee notifies the applicant that it has received the complete application. This notification must be made within ten days of receipt of the application. If the dossier is not complete, the Committee will notify the promoter within this period of a list of the missing documents and set a deadline of ten days for them to be sent. On receipt of the requested documents, the Data Protection Committee has five days to notify the promoter that the application is admissible. If the requested documents are not sent within ten days, the applicant is deemed to have withdrawn the application.
Once it has received the complete application, the Committee may issue a single request for additional information on certain points it deems necessary to examine the application and, where appropriate, a request for the project to be modified on these points. The sponsor then has a maximum of twelve days in which to communicate its response.
In the event of a request for additional information or modification of the project by the Committee for the Protection of Individuals, the assessment period is extended to sixty days. This period is suspended between the date of the request for additional information or modification of the project and the date of receipt of the promoter’s response.
The Committee may, at the meeting during which it makes these requests for additional information or modification of the project, decide to issue a favourable opinion subject to the promoter’s responses complying with the requirements it defines and entrust the Chairman of the Committee with the task of verifying this compliance on receipt of the requested information. If the Committee has not entrusted the Chairman with the task of verifying the compliance of the answers provided by the sponsor, or if the Chairman considers that a new collegiate opinion on the dossier is necessary in the light of the answers provided by the sponsor, the dossier may be examined by the Committee in a restricted committee in accordance with the second paragraph of II of this article.
If the sponsor does not provide the additional information requested and, where applicable, does not make the changes requested within the twelve-day period referred to in the third paragraph of I, he is deemed to have withdrawn his application.
The sponsor may, at any time, withdraw his request for an opinion if he considers that the conditions for carrying out the research are no longer met as they stand.
When they concern research mentioned in 1° of Article L. 1121-1, requests for additional information or modifications issued by the Committee are forwarded by the sponsor to the competent authority, for information, as soon as it is aware of these requests.
II – Requests for an opinion on the research mentioned in 2° or 3° of Article L. 1121-1 and requests for substantial modifications to research involving the human person are subject to a simplified assessment procedure by the Data Protection Committee.
In this case, the applications are examined by a select committee made up of two representatives from each of the colleges mentioned in article R. 1123-4, including at least one person qualified by virtue of their expertise in biostatistics or epidemiology and the Chairman or, failing this, the Vice-Chairman.
This committee meets, including by means of a telephone or audiovisual conference, and gives its opinion on a report from one of the members appointed by the Chairman by a simple majority of the members within forty-five days. The Chairman may, if necessary, appoint a second member to act as rapporteur.
The Committee may refer an application to a plenary session if it is complex or if the Committee intends to issue an unfavourable opinion.
III – For requests for changes to the list of investigational sites or principal investigators, the Chairman will issue an opinion on behalf of the Committee on the proposal of a single rapporteur.
IV -At the request of the Data Protection Committee, including when it meets under the conditions set out in II, the sponsor or its representative appointed for this purpose, possibly accompanied by the investigator or, where applicable, the coordinating investigator, may be heard by the Committee. In this case, the Committee, by decision of the Chairman, either hears the sponsor in plenary or in a restricted committee, or has the sponsor heard by the designated rapporteur. This hearing may be conducted by means of a telephone or audiovisual conference and notice of the hearing must be given at least seven days before the scheduled date.
V.-The Committee for the Protection of Individuals forwards its unfavourable opinions to the National Commission for Research Involving the Human Person and the National Agency for the Safety of Medicines and Health Products for their information.