The manufacturer who intends to have clinical investigations carried out in France to verify the performance of a medical device or to detect any undesirable side effects, or his authorised representative established in a Member State of the European Union or party to the Agreement on the European Economic Area, must, before undertaking his investigations :
1° Certify, in accordance with the procedures defined in Article R. 5211-38 , that the device in question complies with the essential requirements, with the sole exception of the aspects which must be investigated, for which the manufacturer must certify that all precautions have been taken to protect the health and safety of patients;
2° Inform the Director General of the Agence nationale de sécurité du médicament et des produits de santé of its intention under the conditions laid down in Article L. 1123-8 and Articles R. 1123-37 to R. 1123-41.
Investigations may only be undertaken under the conditions set out in articles L. 1121-3 and L. 1123-8. They must be conducted in accordance with the conditions laid down in Title II of Book I of Part I of this Code and by an order of the Minister for Health, issued on a proposal from the Director General of the Agence nationale de sécurité du médicament et des produits de santé, which specifies the investigation methods that must be followed, and in particular the adverse events that must be recorded and communicated to the Director General of the Agence nationale de sécurité du médicament et des produits de santé.
The manufacturer must make available to the Director General of the National Agency for the Safety of Medicines and Health Products a written report signed by the investigator as defined in Article L. 1121-1 and containing a critical evaluation of all the data obtained during the clinical investigations.