Paragraph 1: Procedure for authorising the import and export of elements or products of the human body mentioned in Article R. 1245-1 for therapeutic purposes, as provided for in the first and third paragraphs of II of Article L. 1245-5.

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Article R1245-5

French Public Health CodeIn force

Updated 5 Nov 2023

I. - The application for an import authorisation for therapeutic purposes, provided for in the first paragraph of II of Article L. 1245-5, is sent by the legal entities or natural persons mentioned in the same paragraph to the Director General of the Agence nationale de sécurité du médicament et des produits de santé by any means that enables the application to be dated with certainty.

The application for an export authorisation for therapeutic purposes, provided for in the third paragraph of II of Article L. 1245-5, is sent by the establishments or organisations authorised under Article L. 1243-2 to the Director General of the Agence nationale de sécurité du médicament et des produits de santé by any means which allows this application to be dated with certainty.

II. - The application is accompanied by a dossier which includes :

1° The precise designation of the product ;

2° Where applicable, a copy of the authorisation issued under Article L. 1243-2 and a copy of the authorisation issued by the competent authorities of the suppliers, as well as their translation into French;

3° Any information or document making it possible to establish that the requirements mentioned in article R. 1245-4 are met by the applicant establishments;

4° The name and address of each supplier or recipient and copies of written agreements concluded with suppliers established in a State that is not a member of the European Union or a party to the Agreement on the European Economic Area;

5° A description of the means put in place to ensure product traceability, conservation methods and product transport conditions;

6° Information on the removal of tissues and cells from the human body, the preparation process used, the products and materials coming into contact with the tissue elements or products mentioned in article R. 1245-1, and, for finished products, information on the finished product;

7° pre-clinical and clinical data, including the results of clinical trials and the therapeutic indications claimed, for imports of finished products.

III. - Legal entities or natural persons submitting an application for authorisation shall make available to the Director General of the Agence nationale de sécurité du médicament et des produits de santé the other information mentioned in Annex III to Commission Directive (EU) 2015/566 of 8 April 2015 implementing Directive 2004/23/EC as regards procedures for verifying equivalent standards of quality and safety of imported tissues and cells. They shall forward this information to the Commission at its request.

IV. - A decision by the Director General of the Agence nationale de sécurité du médicament et des produits de santé, after obtaining the opinion of the Director General of the Agence de la biomédecine, specifies the form and content of the dossier, as well as the list of documents and additional information required to examine the application. It is published on the website of the Agence nationale de sécurité du médicament et des produits de santé.

V. - The application is deemed to be complete if, within one month of its receipt, the Director General of the Agence nationale de sécurité du médicament et des produits de santé has not informed the applicant, by any means capable of providing a definite date, of the information that is missing or incomplete and specifying the deadline for providing it.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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