In order to obtain a marketing authorisation for a medicinal product which is not covered by the marketing authorisation procedure issued by the European Commission pursuant to Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004, in more than one Member State of the European Community or party to the Agreement on the European Economic Area, the applicant must follow one of the two procedures provided for in this subsection:
– either the mutual recognition procedure if a marketing authorisation has already been granted for this medicinal product in one of these States ;
– or the decentralised procedure if the medicinal product is not authorised in any of them.
Any application submitted under one of these procedures includes a list of the States concerned as well as an attestation certifying that the dossiers submitted in each of these States are identical.
Any application to vary a marketing authorisation granted in application of one of these procedures is submitted by the holder to all the States which have authorised the medicinal product concerned. These applications for variations are examined in accordance with the provisions of Commission Regulation (EC) No 1234/2008 of 28 November 2008 concerning the examination of variations to the terms of a marketing authorisation for medicinal products for human use and veterinary medicinal products, and in particular Chapter II thereof.