Subsection 2: National biovigilance system

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Article R1211-33

French Public Health CodeIn force

Updated 5 Nov 2023

The Agence de la biomédecine is responsible for implementing the biovigilance system.

Within this framework, the Agency:

1° Leads and coordinates the actions of the various parties involved;

2° Ensures compliance with the procedures organised by this section;

3° Evaluates the information reported to it, including the results of investigations carried out by the local biovigilance correspondent and the corrective measures put in place;

4° After evaluating this information, implements the provisions set out in Article R. 1211-34;

5° May ask the local biovigilance correspondents to carry out any investigations and studies;

6° Carries out epidemiological investigations and studies or has them carried out under its supervision;

7° Drafts, in conjunction with the Agence nationale de sécurité du médicament et des produits de santé and learned societies, the criteria intended to help professionals identify the expected adverse reactions linked to the activities mentioned in 2° of I of Article R. 1211-29. These criteria are established, for each therapeutic indication, on the basis of data from the scientific literature deemed relevant and are made available to healthcare professionals and local biovigilance correspondents. They are set by decision of the Director General of the Agence de la biomédecine. In the absence of such criteria for a therapeutic indication, any adverse reaction is reported to the Agence de la biomédecine;

8° Establishes, in conjunction with the professionals concerned, thresholds above which the frequency of occurrence of incidents and expected adverse reactions requires immediate reporting and declaration. These thresholds are set by decision of the Director General of the Agence de la biomédecine;

9° Establishes a model for the declaration mentioned in 8° of Article R. 1211-30;

10° Establishes the model for the annual report mentioned in 10° of Article R. 1211-37;

11° Establishes and updates the list of local biovigilance correspondents;

12° Draw up an annual report on the biovigilance system based on the annual reports of the local biovigilance correspondents. This report is sent each year to the Minister for Health and to the European Commission by 30 June at the latest. It is also sent to the Director General of the Agence nationale de sécurité du médicament et des produits de santé.

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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