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Transfer of value in France: publication of the regulatory provisions specifying the ceilings above which an authorization from the authorities is required

General 2 min
August 20, 2020

An important change to the new regime governing transfer of value to HCPs, students and associations will enter into force on 1 October 2020. This change involves the submission procedure to the authorities, which will now differ depending on the value of the advantage in question:

– a declaration procedure for advantages under the ceilings set by a regulatory text (arrêté),

– an authorization procedure for advantages above said ceilings.

For further information on the new legal regime, see our previous post – here – analysing the “anti-gift decree” published last June.

The regulatory provisions (“arrêté”) specifying said ceilings have been published on 14 August.

The applicable ceilings are as follows:

A. Remuneration, compensation and disbursements for activities corresponding to research, research valuation, scientific evaluation, consultancy, services or commercial promotion

Amount above which an authorization is required:
HCPs Hourly rate : 200€ Remuneration for half a day : 800€ Total remuneration per contract: 2 000€
Students training to become HCPs Hourly rate: 80€ Remuneration for half a day: 320€ Total remuneration: 800€
Associations regrouping healthcare professionals or students Hourly rate: 200€ Remuneration for half a day: 800€ Total remuneration per contract: 2000€

 

B. Hospitality in the framework of a professional, scientific or promotional event

Amount above which an authorization is required:
HCPs Meal: 50€ Break: 15€ Hotel night: 150€ Total hospitality per invitation – including the meals, breaks, hotel nights and transportation: 2 000€ Registration fees – in addition to hospitality: €1,000.

 

C. Donations and gifts intended exclusively to finance activities corresponding to research, research valuation or scientific evaluation

Grants and donations intended exclusively to finance research, research valuation or scientific evaluation activities. Grants and donations intended for another health-related purpose Grants and donations to associations recognized as having a public interest, including those intended exclusively to finance research, research valuation or scientific evaluation activities
Amount above which an authorization is required:
HCPs 5 000€
Students training to become HCPs 1 000€
Associations regrouping HCPs or students 8 000€ 1 000€ 10 000€

 

D. Financing or participation in the financing of vocational training or continuous professional development actions.

  Amount above which an authorization is required:

 

HCPs 1000€

 

Another “arrêté” has been published on the same day. This one specifies the ceilings under which some categories of advantages in kind or in cash are considered to be of negligible value, and thus fall out of the scope of the “anti-gift” regime. It sets both the maximum amounts for such benefits and the maximum frequency per calendar year. Otherwise, such benefits are prohibited.

Written by
Alexandre Vuchot
Alexandre Vuchot
I'm a partner in Bird & Bird's international Commercial group, based in Paris, where I provide our clients with strategic commercial advice. With both French and English qualifications in commercial and corporate law, I have extensive experience of transactional matters. I am able to offer comprehensive advice on all aspects of general business law. I assist on commercial contracts covering distribution, franchise, sales, agency, cooperation and procurement arrangements, acting for suppliers and customers particularly in the retail, tech & comms, life sciences, as well as gaming, entertainment and sport sectors.
Dora Talvard
Dora Talvard
My work is focused on the life sciences and healthcare sectors. I advise clients on a broad range of regulatory aspects. I work hand in hand with the intellectual property, data protection, commercial and corporate lawyers of the firm to provide clients with tailor made advice and solutions.

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