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Subsection 3a: Mutual recognition procedure and decentralised procedure

Article R5121-51 of the French Public Health Code

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…

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Article R5121-51-1 of the French Public Health Code

In order to obtain recognition, by at least one other Member State of the European Community or party to the Agreement on the European Economic Area, of a marketing authorisation granted by the Director General of the Agence nationale de sécurité du médicament et des produits de santé, with France acting as the reference State, the holder of this authorisation asks the latter to update or prepare the assessment report…

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Article R5121-51-2 of the French Public Health Code

In order to obtain recognition in France of a marketing authorisation issued by another State, known as the reference State, which is a member of the European Community or a party to the Agreement on the European Economic Area, the holder of this authorisation must submit a marketing authorisation application to the Director General of the Agence nationale de sécurité du médicament et des produits de santé. From receipt of…

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Article R5121-51-3 of the French Public Health Code

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…

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Article R5121-51-4 of the French Public Health Code

In the event of agreement within the coordination group, referred to by the Director General of the Agence nationale de sécurité du médicament et des produits de santé or by another State : 1° In the case provided for in Article R. 5121-51-1, the Director General of the Agency will notify the States concerned and the marketing authorisation holder of the agreement. In accordance with the assessment report thus approved,…

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Article R5121-51-5 of the French Public Health Code

In the absence of agreement within the coordination group, the Community arbitration procedure provided for in articles 32 to 34 of Directive 2001/83/EC of the European Parliament and of the Council applies. Where France is the reference State, the Director General of the Agence nationale de sécurité du médicament et des produits de santé is responsible for initiating this procedure by informing the European Medicines Agency of the disagreement. The…

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Article R5121-51-6 of the French Public Health Code

At the end of the procedures provided for in this sub-section, the marketing authorisation is issued or varied by the Director General of the Agence nationale de sécurité du médicament et des produits de santé within thirty days of notification of the agreement by the reference State or by the European Commission, subject to the applicant providing a French translation of the summary of product characteristics, the package leaflet and…

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Article R5121-51-7 of the French Public Health Code

Articles R. 5121-51 to R. 5121-51-4 are applicable to homeopathic medicinal products subject to the registration referred to in article L. 5121-13. This sub-section does not apply to homeopathic medicinal products subject to the marketing authorisation referred to in article L. 5121-8.

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Article R5121-51-8 of the French Public Health Code

The Director General of the Agence nationale de sécurité du médicament et des produits de santé or the applicant for marketing authorisation may refer the matter to the European Medicines Agency with a view to the application of the Community arbitration procedure provided for in Articles 32 to 34 of Directive 2001/83/EC of the European Parliament and of the Council when divergent decisions concerning the authorisation, variation, suspension or withdrawal…

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Article R5121-51-9 of the French Public Health Code

In specific cases of interest to the European Union, the Director General of the National Agency for the Safety of Medicines and Health Products or the applicant shall refer the matter to the European Medicines Agency for application of the Community arbitration procedure before a decision is taken on the granting, variation, suspension or withdrawal of the marketing authorisation. The Director General of the Agence nationale de sécurité du médicament…

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