Generic groups without a reference medicinal product, as provided for in Article L. 5121-1, are created in the register of generic groups by decision of the Director General of the Agence nationale de sécurité du médicament et des produits de santé. For the purposes of applying these provisions, the Ministers responsible for health and social security, at the request of an applicant, may refer to the Director General of the Agency a request indicating proprietary medicinal products likely to constitute such a group. Such a group is created after the marketing authorisation holders of the medicinal products included in the group have been given the opportunity to submit their observations. This decision mentions the active substance, strength and pharmaceutical form characterising the generic group concerned and the medicinal products included in it.
The inclusion of a medicinal product in a generic group already created under the conditions provided for in the first paragraph is effected by decision of the Director General of the Agence nationale de sécurité du médicament et des produits de santé, after the holder of the marketing authorisation for the medicinal product has been given the opportunity to submit his observations.