I.-The Agence nationale de sécurité du médicament et des produits de santé may impose a financial penalty on the perpetrator of a breach of the provisions of articles L. 5421-8 , L. 5422-18 , L. 5423-8 , L. 5423-9, L. 5426-2 , L. 5438-1 , L. 5461-9 and L. 5462-8 , except when the breach is committed in the course of retail distribution of healthcare products.
II – The Agency may add to this financial penalty a daily fine of no more than €2,500 per day if the person responsible for the breach has not complied with its requirements by the end of the period set by a formal notice.
By way of derogation from the first paragraph of this II, for the breaches mentioned in Article L. 5423-9, the Agency may add to this financial penalty a daily fine for each day of supply disruption observed, which may not exceed 30% of the average daily turnover achieved in France by the company in the last financial year for the product in question.
III.The amount of the penalty imposed for the breaches mentioned in 1° to 11° of Article L. 5421-8, 4° to 10° of Article L. 5423-8, as well as Articles L. 5426-2, L. 5438-1, 9°, 14°, 15°, 16° and 17° of Article L. 5461-9 and 8°, 11°, 12° and 13° of Article L. 5462-8 may not exceed €150,000 for a natural person and 10% of the turnover for the last financial year for which the accounts have been closed, up to a maximum of €1 million, for a legal entity.
The amount of the penalty imposed for the breaches mentioned in 12° of Article L. 5421-8, in Article L. 5422-18, in 3° of Article L. 5423-8, in Article L. 5423-9, in 1° to 8°, 10° to 13°, and 18° to 24° of Article L. 5461-9 and in 1° to 7°, 9°, 10° and 14° to 20° of Article L. 5462-8 may not exceed €150,000 in the case of a natural person and 30% of turnover in the last financial year for the product or group of products concerned, up to a maximum of €1 million, in the case of a legal entity.
If any of the breaches mentioned in 1° to 3° of Article L. 5422-18, in 11°, 12° and 13° of Article L. 5461-9 and in 9° and 10° of Article L. 5462-8 are found, the Agency may order a ban on the advertising concerned by the breach, after the company concerned has been given formal notice.
IV – The Agency may decide to publish financial penalty decisions issued under I of this article on its website.