Paragraph 4: Companies or organisations exploiting a medicinal product or a product mentioned in Article R. 5121-150

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Article R5121-168

French Public Health CodeIn force

Updated 2 Nov 2023

I.-Any company or organisation exploiting a medicinal product or a product mentioned in article R. 5121-150 is required to transmit electronically to the European Medicines Agency a periodic safety update report containing :

1° All information relating to the benefits and risks associated with this medicinal product or product, including the results of studies which may have an impact on the marketing authorisation;

2° A scientific evaluation of the risk-benefit balance of the medicinal product or product based on all available information, including that resulting from biomedical research for indications and populations not authorised by the marketing authorisation;

3° All information concerning the sale, prescription and population exposed to the medicinal product or product.

The frequency of transmission of the report referred to in the first paragraph is determined in the marketing authorisation. The date of transmission in accordance with this frequency shall be calculated from the date of issue of the marketing authorisation. The European Medicines Agency shall publish a list of reference dates for the European Union and the frequency of submission of periodic safety update reports.

II.Any company or organisation exploiting a medicinal product or a product benefiting from a marketing authorisation granted before 21 July 2012 which is not accompanied by a specific condition mentioned in this authorisation fixing the frequency of submission of the periodic safety update report is required to send this report to the Director General of the Agence nationale de sécurité du médicament et des produits de santé or to the European Medicines Agency:

1° Immediately upon request;

2° Semi-annually:

a) During the period between the granting of the marketing authorisation and the actual placing on the market of the medicinal product or product;

b) During the first two years following the first placing on the market;

3° Annually, for the following two years;

4° Every three years for subsequent years.

These provisions also apply to medicinal products which are authorised only in France and to which the provisions of III below do not apply.

III -Where several medicinal products or several products contain the same active substance or the same combination of active substances or are authorised in several Member States of the European Union or States party to the Agreement on the European Economic Area, the frequency and date of submission of the periodic safety update reports may be modified and harmonised with a view to carrying out a single assessment. This harmonised frequency for the submission of periodic safety update reports shall be made public by the European Medicines Agency. Where appropriate, the marketing authorisation holder submits to the Director General of the Agence nationale de sécurité du médicament et des produits de santé an application to amend its authorisation accordingly. The amendment to the dates and frequency of submission of these reports takes effect six months after the date of publication by the European Medicines Agency.

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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