I.-This article applies to the post-authorisation studies referred to in article R. 5121-178 which are carried out by the holder of the authorisation referred to in article L. 5121-8 in order to comply with an obligation imposed pursuant to articles R. 5121-36-1 and R. 5121-37-3.
II – Before conducting a study, the holder of the authorisation provided for in Article L. 5121-8 submits a draft protocol to the Pharmacovigilance Risk Assessment Committee referred to in Article 56 of Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004. The draft protocol is submitted solely to the Director General of the Agence nationale de sécurité du médicament et des produits de santé (French National Agency for the Safety of Medicines and Health Products) if the study is conducted exclusively in France at the request of this authority.
Within sixty days of submission of the draft protocol, the aforementioned committee or the Director General of the Agency will inform the proprietor in writing of its decision, as appropriate:
1° To approve the draft protocol;
2° To reject the protocol in a detailed manner, based on one or more of the following grounds:
a) The conduct of the study promotes the use of the medicinal product;
b) The study methodology does not enable the objectives of the study to be achieved;
3° To reclassify the study as biomedical research.
The study may not commence until it has been approved in writing by the aforementioned committee or, where the study is conducted exclusively in France, by the Director General of the Agency.
When the protocol has been approved by the aforementioned committee in accordance with 1°, the holder of the authorisation provided for in Article L. 5121-8 sends this protocol and the approval decision to the competent authorities of the Member States in which the study will be conducted.
III – During the course of the study, the holder of the authorisation provided for in Article L. 5121-8 submits any substantial amendment to the protocol for approval to the aforementioned committee or, where the study is conducted exclusively in France, to the Director General of the Agence nationale de sécurité du médicament et des produits de santé, before it is implemented.
After evaluating these modifications, the Committee or the Director General of the Agency informs the proprietor of its approval or objection.
Where the decision is taken by the Committee, the holder will communicate it to the Member States in which the study is carried out.
IV – At the end of the study, the holder of the authorisation provided for in Article L. 5121-8 submits a final report accompanied by a summary of the results of the study electronically to the aforementioned Committee or, where applicable, to the Director General of the Agence nationale de sécurité du médicament et des produits de santé, within one year of the end of the data collection, unless a derogation has been granted.