Except where there is a risk to patients’ health, the proprietary medicinal products mentioned in b of 5° of Article L. 5121-1 which are presented in a modified-release oral pharmaceutical form different from that of the reference proprietary medicinal product are identified by a decision of the Director General of the Agence nationale de sécurité du médicament et des produits de santé mentioning the corresponding reference proprietary medicinal product. This decision is notified to the holder of the marketing authorisation issued for these medicinal products.
The Director General of the Agency will inform the holder of the marketing authorisation for the reference medicinal product of this decision within one month. He shall also inform the holder, within the same time limit, of the granting of a marketing authorisation for a medicinal product in a modified-release oral pharmaceutical form different from that of the reference medicinal product. At the end of a period of sixty days following this information, the Director of the Agency registers the medicinal product in the register of generic groups.
When the marketing authorisation of a medicinal product in a modified-release oral pharmaceutical form different from that of the reference medicinal product is suspended or withdrawn by the Director General of the Agency, the decision to identify this medicinal product is also suspended or withdrawn.