Introduction
If you’re a pharmaceutical or biotech company looking to commercialize medicines in France, understanding the “Exploitant” role is essential. This unique regulatory requirement can make or break your market entry strategy.
In this guide, you’ll learn:
- What an Exploitant is and why it exists
- The legal requirements and responsibilities
- How it differs from the Marketing Authorisation Holder (MAH) or distributor
- How to choose and work with the right Exploitant
- How Elliogen helps companies navigate the Exploitant process
1. What is an Exploitant?
Definition
In France, an Exploitant is the entity legally responsible for placing a medicinal product on the French market. The exploitant ensures compliance with pharmacovigilance, quality, advertising, and distribution obligations under French law.
2. Legal Framework and Requirements
The Legal Basis
The role of exploitant is defined under the French Public Health Code (Code de la Santé Publique) and enforced by the ANSM (Agence Nationale de Sécurité du Médicament et des Produits de Santé).
Key Requirements
An exploitant must:
- Hold an authorisation from the ANSM
- Have an established presence in France
- Maintain qualified staff (including a pharmacien responsable)
- Ensure product quality, batch release, and regulatory compliance
- Manage pharmacovigilance and advertising controls
3. Exploitant vs. MA Holder vs. Distributor
Role | Primary Responsibility | Location Requirement | Legal Authority |
---|---|---|---|
Exploitant | Responsible for placing product on the French market & compliance | Must be in France | Authorised by ANSM |
MA Holder (MAH) | Owns the marketing authorisation | Can be in EU or EEA | Authorised by EMA/ANSM |
Distributor | Physical distribution of medicines | Can be anywhere | Works under MAH/Exploitant |
4. Responsibilities of an Exploitant
Regulatory & Compliance
- Ensure compliance with ANSM and EU rules
- Manage pharmacovigilance systems
- Approve and monitor promotional activities
Quality & Supply
- Oversee manufacturing batch release in France
- Ensure product quality and recall readiness
Commercial Accountability (H3)
- Maintain accurate product information for healthcare professionals and patients
5. When Do You Need an Exploitant?
You will need an exploitant if:
- You are a non-French pharma company marketing a product in France
- You are launching a product but don’t have an entity in France with ANSM approval
- You are outsourcing pharmacovigilance, batch release, or regulatory tasks
6. How to Choose the Right Exploitant
Criteria to Consider
- Experience with your therapeutic area
- Pharmacovigilance capabilities
- Compliance track record with ANSM
- Speed of onboarding and responsiveness
- Commercial and distribution partnerships
7. Working With an Exploitant: Best Practices
- Sign clear contractual agreements on roles and responsibilities
- Maintain ongoing communication for regulatory updates
- Schedule regular performance and compliance reviews
8. Elliogen’s Role in the Exploitant Process
At Elliogen, we are not an exploitant — we are your independent advisor.
We help pharmaceutical companies:
- Identify and compare exploitants suited to your needs
- Negotiate agreements to protect your commercial interests
- Set up compliance frameworks to avoid regulatory issues
- Streamline market entry while maintaining flexibility
Example: A US biotech wanted to enter France but had no entity there. Elliogen helped them assess 3 exploitants, select the best fit, and ensure compliance in under 4 months.
9. Directory of Exploitants in France
Contact us at hello@elliogen.com
10. Frequently Asked Questions
Q: Can a foreign company be an exploitant in France?
A: Only if it has a physical presence in France and ANSM authorisation.
Q: How long does ANSM exploitant approval take?
A: Typically 3–6 months, depending on dossier quality and inspections.
Q: Can the MA Holder also be the exploitant?
A: Yes, if they meet all legal requirements.
Ready to enter the French market?
Contact Elliogen today to find the best Exploitant for your needs and accelerate your market access.
Contact us