Part five: Health products

Failure by the importer or distributor of a device to immediately inform the Agence nationale de sécurité du médicament et des produits de santé, pursuant to Article 13(7) of Regulation (EU) 2017/745 or Article 14(4) of the same Regulation, that the device it has placed on the market, put into service or made available on French territory presents a serious risk or is a falsified device, is punishable by one…

I.-Placing on the market or putting into service on French territory a medical device or its accessories is punishable by five years’ imprisonment and a fine of 375,000 euros: 1° Without the EU declaration of conformity having been drawn up in accordance with Article 19 of Regulation (EU) 2017/745; 2° For which the CE marking provided for in Article 20 of Regulation (EU) 2017/745 has been improperly affixed; 3° In…

Failure by the manufacturer, authorised representative or importer of devices referred to in Article 1 of Regulation (EU) 2017/745, whose registered office is located on French territory, to register it or update the information concerning it, in accordance with the procedures laid down in Article 31 of the same Regulation, shall be punishable by one year’s imprisonment and a fine of €75,000.

Failure by manufacturers of medical devices or their agents, or by any person engaged in the manufacture, distribution, import or export, even on an ancillary basis, of medical devices, to make the declaration provided for in article L. 5211-3-1, is punishable by one year’s imprisonment and a fine of €75,000.

Failure by the facilities referred to in Article L. 6322-1 to keep the registers referred to in Article L. 5212-2-1 is punishable by one year’s imprisonment and a fine of €75,000.

Failure by the operator to subject a device mentioned in Article 1 of Regulation (EU) 2017/745 to maintenance obligations and quality controls pursuant to Article L. 5212-1 is punishable by two years’ imprisonment and a fine of €150,000.

The fact that the manufacturer of a medical device or its accessories or its agent, or a distributor or importer of medical devices or their accessories, carries out, causes to be carried out, disseminates or causes to be disseminated advertising subject to prior authorisation when the Agence nationale de sécurité du médicament et des produits de santé has not issued, has refused to issue, has suspended or has withdrawn the…

I.-The following is punishable by two years’ imprisonment and a fine of €150,000: 1° Continuing, with regard to the devices mentioned in Article 1 of Regulation (EU) 2017/745, activities that have been the subject of one of the measures provided for in paragraph 4 of Article 95, paragraph 2 of Article 97 and paragraph 1 of Article 98 of this Regulation; 2° Failing to carry out withdrawal or recall measures…

Selling, reselling or using a device referred to in Article 1 of Regulation (EU) 2017/745 or a category of devices without complying with the conditions laid down pursuant to the provisions of 3° of Article L. 5211-6 of this code is punishable by two years’ imprisonment and a fine of €150,000.

For the criminal offences mentioned in this chapter, natural persons are also liable to the following additional penalties: 1° Display or dissemination of the decision handed down, under the conditions and subject to the penalties provided for in article 131-35 of the Criminal Code ; 2° Temporary or permanent disqualification from exercising one or more professions governed by this Code, from exercising a commercial or industrial profession, from directing, administering,…