To obtain a marketing authorisation in France and in at least one other Member State of the European Community or party to the Agreement on the European Economic Area, for a medicinal product which is authorised neither in the European Community nor in the European Economic Area, the applicant must submit a marketing authorisation application to the Director General of the Agence nationale de sécurité du médicament et des produits de santé.
1° If the applicant designates France as the reference State, the application is examined under the conditions set out in Articles R. 5121-34 and R. 5121-35. The Director General of the Agency sends the States concerned and the applicant a draft assessment report on the medicinal product, which may be unfavourable, together with draft summaries of product characteristics, labelling and package leaflets, within one hundred and twenty days of receipt of the complete application.
If these documents are approved by each of the States concerned within ninety days, the Director General of the Agency will notify these States and the applicant of the agreement. In accordance with the assessment report thus approved, he will grant or refuse marketing authorisation within thirty days of this notification.
If the States concerned fail to reach agreement within the ninety-day period referred to in the previous paragraph, the Director General of the Agency will refer the matter to the coordination group referred to in Article 27 of Directive 2001/83/EC of the European Parliament and of the Council.
2° If the applicant designates another Member State of the European Community or party to the Agreement on the European Economic Area as the reference State, the Director General of the Agency has a period of ninety days from receipt of the draft assessment report, accompanied by the draft summary of product characteristics, labelling and package leaflet sent by the reference State, in which to reach a decision.
If the Director General of the Agency approves these documents, he informs the reference State. In the event of agreement between all the States concerned, notified by the reference State, it will grant or refuse a marketing authorisation in accordance with the assessment report thus approved within thirty days of receipt of the notification.
If the Director General of the Agency does not approve these documents because he considers that the medicinal product concerned presents a potential serious risk to public health within the meaning of the guidelines referred to in Article 29.2 of Directive 2001/83/EC of the European Parliament and of the Council, he shall immediately make his reasoned objection known to the reference State, to the other States concerned, to the applicant and to the coordination group referred to in Article 27 of the aforementioned Directive.