I. – Applicant establishments or organisations appoint a responsible person who ensures compliance with the regulations relating to the quality and safety of tissues or their derivatives or cell therapy preparations, as well as one or more interim responsible persons who, for the period of replacement, are entrusted with the same powers and duties as those conferred on the responsible person and effectively exercise them for the duration of the replacement.
The person in charge is responsible for :
1° Ensuring that tissues or their derivatives or cell therapy preparations used for therapeutic purposes are imported in accordance with the legislative and regulatory provisions in force;
2° Ensuring that the quality assurance system is set up, evaluated and updated in accordance with the rules of good practice;
3° Ensure that the biovigilance system is applied.
For establishments or organisations holding an authorisation under Article L. 1243-2, the person responsible is the same as that mentioned in Article R. 1243-12.
When an establishment or organisation carries out activities on different sites, a person responsible for the activities is appointed by the person responsible for each site where the activities are carried out.
The provisions of the seventh and eighth paragraphs of article R. 1243-12 and those of article R. 1243-13 are applicable to this person in charge.
II. – The legal or natural persons mentioned in article R. 1245-1 who import the elements or products mentioned in the same article conclude written agreements with suppliers established in States which are not members of the European Union or which are not party to the agreement on the European Economic Area, when one of the activities relating to the removal, preparation, storage or export to the European Union of tissues, their derivatives, cells and cell therapy preparations intended to be imported into the European Union is carried out outside the European Union.
These agreements set out the quality and safety requirements that must be met to ensure equivalence between the quality and safety standards applicable to tissues and cells intended for import and the standards established by Directive 2004/23/EC. In particular, the written agreement shall cover, as a minimum, the points listed in Annex IV to Commission Directive (EU) 2015/566 of 8 April 2015 implementing Directive 2004/23/EC as regards procedures for verifying equivalent standards of quality and safety of imported tissues and cells.
They mention the right of inspection by the National Agency for the Safety of Medicines and Health Products of the activities and facilities of any supplier established in a State that is not a member of the European Union or a party to the Agreement on the European Economic Area, during the period of validity of the written agreement and for a further period of two years from the expiry of the written agreement.