For the application of the provisions of 1° of Article R. 5121-28, the Director General of the Agence française de sécurité sanitaire des produits de santé may exempt the applicant for a marketing authorisation for a generic medicinal product from providing the bioavailability studies provided for in Article L. 5121-1 in the following cases:
1° Its dossier is a simple duplicate of the marketing authorisation dossier for the reference medicinal product, and the pharmaceutical manufacturing establishment, the manufacturing processes and the origin of the active substance are the same as those for the reference medicinal product;
2° Its bioavailability, taking into account its pharmaceutical form and method of administration, is not likely to differ from that of the reference medicinal product, or its active substance, in particular with regard to its toxicity or specific plasma concentration requirements, is not likely to result in significant differences in terms of therapeutic efficacy or adverse reactions; in these two cases, the qualitative and quantitative composition of the constituents, the controls on the raw materials, the method of preparation of the pharmaceutical form, the controls on the finished product and, in particular for solid oral forms, the comparative in vitro dissolution tests, included in the chemical, pharmaceutical and biological documentation in the marketing authorisation application file, must demonstrate that the active substance of the medicinal product in question will be delivered to the body from the pharmaceutical form concerned in the same way as it is from the pharmaceutical form of the reference medicinal product.