Medical Devices Regulations, 2008
Table of Provisions (17)
Statutory Text (17 Articles)
Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 18,308, 12 ta’ Settembru, 2008
L.N. 210 of 2008
PRODUCT SAFETY ACT
(CAP. 427)
Medical Devices Regulations, 2008
IN exercise of the powers conferred by articles 38 to 40 of the
Product Safety Act, the Minister of Finance, Economy and Investment,
on the advice of the Malta Standards Authority, has made the following
regulations>-
(1) The title of these regulations is the Medical Devices Citation and
commencement.
Regulations, 2008.
(2) These regulations transpose the following Directives>
(a) Council Directive 93#42#EEC 1 of 14 th June 1993 on the
approximation of the laws of the Member States relating to medical
devices<
(b) Council Directive 2003#12#EC 2 of 3 rd February 2003 on
the reclassification of breast implants in the framework of Directive
93#42#EEC concerning medical devices<
(c) Council Directive 2003#32#EC 3 of 23 rd April 2003
introducing detailed specifications as regards the requirements laid
down in Council Directive 93#42#EEC with respect to medical
devices manufactured utilising tissues of animal origin<
OJ No. L.169, 12-07-1993, p.1. Directive as last amended by Regulation (EC) No. 1882#2003
of the European Parliament and of the Council of 29 September 2003 adapting to Council
Decision 1999#468#EC the provisions relating to committees which assist the Commission in
the exercise of its implementing powers laid down in instruments subject to the procedure
referred to in Article 251 of the EC Treaty (OJ No. L.284, 31-10-2003, p.1).
OJ No. L.28, 04-02-2003, p.43.
OJ No. L.105, 26-04-2003, p.18. These regulations lay down detailed specifications in relation
to risks of transmitting transmissible spongiform encephalopathies (TSE) under normal
conditions of use to patients or others, via medical devices manufactured utilising animal tissue
which is rendered non-viable or non-viable products derived from animal tissue.
(d) Council Directive 2005#50#EC 4 of 11 th August 2005 on
the reclassification of hip, knee and shoulder joint replacements in
the framework of Council Directive 93#42#EEC concerning medical
devices<
(e) Directive 2007#47#EC 5 of the European Parliament and
of the Council of 5 th September 2007 amending Council Directive
90#385#EEC on the approximation of the laws of the Member States
relating to active implantable medical devices, Council Directive
93#42#EEC concerning medical devices and Directive 98#8#EC
concerning the placing of biocidal products on the market.
(3) These regulations shall enter into force on the 21 st March,
2010. (4)
The following transitional measures will remain
applicable>
(a) The placing on the market and putting into service of
medical devices which have been subjected to EEC pattern approval
in accordance with Directive 76#764#EEC shall be accepted until
30 th June 2004.
(b) The placing on the market of devices which conform to
the rules in force in Malta on 31 st December 1994 shall be accepted
for a period of five years following the adoption of Directive
93#42#EEC. The putting into service of such devices shall be
accepted until 30 th June 2001 at the latest.
(c) Holders of EC design-examination certificates or EC
type-examination certificates issued before 1 st April 2004 for
medical devices referred to in the definition for “medical device
manufactured utilising tissues of animal origin” in regulation 3 of
these regulations shall apply for a complementary EC design-
examination certificate or EC type-examination certificate attesting
to compliance with the specifications laid down in Schedule XIII
to these regulations.
(d) The placing on the market and the putting into service
of medical devices referred to in definition for “medical device
manufactured utilising tissues of animal origin” in regulation 3 of
these regulations which are covered by an EC design-examination
certificate or an EC type-examination certificate issued before 1 st
April 2004 shall be accepted until 20 th September 2004,
OJ No.L.210, 12-08-2005, p.41.
OJ No. L.247, 21-09-2007, p.21.
(e) Breast implants placed on the market before 1 st
September 2003 pursuant to regulation 6(3)(a) or 6(3)(b)(iii) of
these regulations shall be subject to a conformity reassessment
procedure as Class III medical devices before 1 st March 2004.
(f) By way of derogation from regulation 6(10) of these
regulations, the decisions on breast implants taken by the notified
bodies before 1 st September 2003 under regulation 6(3)(a) of these
regulations may not be extended.
(g) Hip, knee and shoulder replacements that have been
subject to a conformity assessment procedure pursuant to regulation
6(3)(a) of these regulations before 1 st September 2007 shall be
subject to a complementary conformity assessment under section
4 of Schedule II to these regulations leading to an EC design
examination certificate before 1 st September 2009. This provision
does not preclude a manufacturer from submitting an application
for conformity assessment based on regulation 6(1)(b) of these
regulations.
(h) Hip, knee and shoulder replacements that have been
subject to a conformity assessment procedure pursuant to regulation
6(3)(b)(iii) of these regulations before 1 st September 2007 may be
subject to a conformity assessment as Class III medical devices
pursuant to regulation 6(1)(b)(i) or (ii) of these regulations before
1 st September 2010. This provision does not preclude a
manufacturer from submitting an application for conformity
assessment based on regulation 6(1)(a) of these regulations.
(i) The placing on the market and the putting into service
of hip, knee and shoulder replacements covered by a Decision in
accordance with regulation 6(3)(a) of these regulations issued
before 1 st September 2007 shall be accepted until 1 st September
2009. (j) The placing on the market of hip, knee and shoulder
replacements which are covered by a Decision in accordance with
regulation 6(3)(b)(iii) of these regulations issued before 1 st
September 2007, shall be accepted until 1 st September 2010 and
permitted to be put into service beyond this date.
(1) These regulations shall apply to medical devices and their Scope and
classification.
accessories as follows>
(a) for the purposes of these regulations, accessories shall
be treated as medical devices in their own right< and
(b) both medical devices and accessories shall hereinafter
be termed “devices”.
(2) (a) Devices shall be divided into Classes I, IIa, IIb and
III. Classification shall be carried out in accordance with Schedule IX
to these regulations. In the event of a dispute between the manufacturer
and the notified body concerned, resulting from the application of the
classification rules, the matter shall be referred for decision to the
Regulatory Affairs Directorate if the notified body is designated in Malta.
(b) By way of derogation from the rules set out in
Schedule IX to these regulations, breast implants shall be reclassified
as medical devices falling within Class III. By way of derogation from
the rules set out in Schedule IX to these regulations, hip, knee and
shoulder replacements shall be reclassified as medical devices falling
within Class III.
(c)
When it is considered that>
(i) application of the classification rules set out in Schedule
IX to these regulations requires a decision with regard to the
classification of a given device or category of devices< or
(ii) a given device or family of devices should be classified,
by way of derogation from the provisions of Schedule IX to these
regulations, in another class< or
(iii) the conformity of a device or family of devices should,
by way of derogation from article 6 of these regulations, be
established by applying solely one of the given procedures chosen
from among those referred to in article 6 of these regulations< or
(iv) a decision is required as to whether a particular product
or product group falls within one of the definitions for “accessory”,
“custom-made device”, “device intended for clinical
investigations”, “in vitro diagnostic medical device” or “medical
device” in article 3 of these regulations,
the Regulatory Affairs Directorate shall submit a duly substantiated
request to the Commission and ask it to take the necessary
measures.
(3) (a) For the purposes of these regulations, the
Regulatory Affairs Directorate will act as Malta’s national competent
authority in terms of the Committee referred to in Article 6 of Directive
93#42#EEC and with respect to the exchange of information, necessary
to enable these regulations to be applied uniformly, with other Member
States and the Commission.
(b) For the purposes of these regulations, the
Regulatory Affairs Directorate will act as Malta’s national competent
authority with respect to exchange of experience organised by the
Commission in order to coordinate the uniform application of these
regulations.
For the purposes of these regulations, the following definitions Definitions.
shall apply>
“accessory” means an article which whilst not being a device
is intended specifically by its manufacturer to be used together
with a device to enable it to be used in accordance with the use of
the device intended by the manufacturer of the device<
“animal tissues” covered by these regulations are those tissues
originating from bovine, ovine and caprine animal species, as well
as deer, elk, mink and cats<
“authorised representative” means any natural or legal person
established in the Community or in Malta who, explicitly
designated by the manufacturer, acts and may be addressed by
authorities and bodies in the Community or in Malta instead of the
manufacturer with regard to the latter’s obligations under these
regulations<
“cell” means the smallest organised unit of any living form
which is capable of independent existence and of replacement of
its own substance in a suitable environment<
“CE marking” means marking as set out in Schedule XII to
these regulations<
“clinical data” means the safety and, or performance
information that is generated from the use of a device. Clinical
data are sourced from>
(a)
any clinical investigation of the device concerned<
or
(b) any clinical investigation or other study reported
in the scientific literature, of a similar device for which
equivalence to the device in question can be demonstrated<
or
(c) published and, or unpublished reports on other
clinical experience of either the device in question or a similar
device for which equivalence to the device in question can be
demonstrated<
“the Community” means the European Community<
“custom-made device” means any device specifically made
in accordance with a duly qualified medical practitioner’s written
prescription which gives, under his responsibility, specific design
characteristics and is intended for the sole use of a particular patient.
The prescription may also be made out by any other person
authorised by virtue of his professional qualifications to do so.
Mass-produced devices which need to be adapted to meet the
specific requirements of the medical practitioner or any other
professional user shall not be considered to be custom-made
devices<
“derivative” means a material obtained from an animal tissue
by a manufacturing process such as collagen, gelatine, monoclonal
antibodies<
“device intended for clinical investigation” means any device
intended for use by a duly qualified medical practitioner when
conducting investigations, as referred to in Schedule X to these
regulations, in an adequate human clinical environment. For the
purpose of conducting clinical investigation, any other person who,
by virtue of his professional qualifications, is authorised to carry
out such investigation shall be accepted as equivalent to a duly
qualified medical practitioner<
“device subcategory” means a set of devices having common
areas of intended use or common technology<
“generic device group” means a set of devices having the same
or similar intended uses or commonality of technology allowing
them to be classified in a generic manner not reflecting specific
characteristics<
“Harmonised Standard” means a technical specification
adopted by the European Committee for Standardisation (CEN) or
the European Committee for Electrotechnical Standardisation
(CENELEC) or the European Telecommunications Standards
Institute (ETSI), upon a remit from the European Commission in
accordance with the Notification Procedure Regulations, 2003<
“hip, knee and shoulder replacement” means an implantable
component part of a total joint replacement system which is
intended to provide a function similar to that of either a natural hip
joint, a natural knee joint or a natural shoulder joint. Ancillary
components (screws, wedges, plates and instruments) are excluded
from this definition.
“inactivation” means a process by which the ability to cause
infection or pathogenic reaction by transmissible agents is reduced<
“in vitro diagnostic medical device” means any medical device
which is a reagent, reagent product, calibrator, control material,
kit, instrument, apparatus, equipment or system,”whether used
alone or in combination, intended by the manufacturer to be used
in vitro for the examination of specimens, including blood and
tissue donations, derived from the human body, solely or principally
for the purpose of providing information>
(a)
concerning a physiological or pathological state,
or
(b) concerning a congenital abnormality, or
(c) to determine the safety and compatibility with
potential recipients, or
(d) to monitor therapeutic measures<
“Specimen receptacles” are those devices, whether vacuum-
type or not, specifically intended by their manufacturers for the
primary containment and preservation of specimens derived from
the human body for the purpose of in vitro diagnostic examination.
For the purposes of these regulations, specimen receptacles are
considered to be in vitro diagnostic medical devices. Products for
general laboratory use are not in vitro diagnostic medical devices
unless such products, in view of their characteristics, are specifically
intended by their manufacturer to be used for in vitro diagnostic
examination<
“intended purpose” means the use for which the device is
intended according to the data supplied by the manufacturer on
the labelling, in the instructions and, or in promotional materials<
“manufacturer” means the natural or legal person with
responsibility for the design, manufacture, packaging and labeling
of a device before it is placed on the market under his own name,
regardless of whether these operations are carried out by that person
himself or on his behalf by a third party>
(a) provided that the obligations of these regulations
to be met by manufacturers also apply to the natural or legal
person who assembles, packages, processes, fully refurbishes
and, or labels one or more ready-made products and, or assigns
to them their intended purpose as a device with a view to
their being placed on the market under his own name<
(b) provided further that the first proviso to this
definition does not apply to the person who, while not a
manufacturer within the meaning of this definition, assembles
or adapts devices already on the market to their intended
purpose for an individual patient<
“Market Surveillance Directorate” means the Market
Surveillance Directorate of the Malta Standards Authority as
described in the Establishment of Directorates of the Malta
Standards Authority Order, 2008<
“medical device” means any instrument, apparatus, appliance,
software, material or other article, whether used alone or in
combination, including the software intended by its manufacturer
to be used specifically for diagnostic and, or therapeutic purposes
and necessary for its proper application, intended by the
manufacturer to be used for human beings for the purpose of>
(a) diagnosis, prevention, monitoring, treatment or
alleviation of disease,
(b) diagnosis, monitoring, treatment, alleviation of or
compensation for an injury or handicap,
(c) investigation, replacement or modification of the
anatomy or of a physiological process,
(d) control of conception,
and which does not achieve its principal intended action in or on
the human body by pharmacological, immunological or metabolic
means, but which may be assisted in its function by such means<
“medical device manufactured utilising tissues of animal
origin” means medical devices manufactured utilising animal tissue
which is rendered non-viable or non-viable products derived from
animal tissue. This definition does not apply to medical devices
manufactured utilising tissues of animal origin which are not
intended to come into contact with the human body or which are
intended to come into contact with intact skin only<
“National Standard transposing the Harmonised Standard”
means a Standard issued by one of the members of
CEN#CENELEC#ETSI which is declared and noted to be identical
to the Harmonised Standard originally issued by
CEN#CENELEC#ETSI<
“non-viable” means having no potential for metabolism or
multiplication<
“notified body” means a body notified to the Commission
and to the Member States of the Community, assessed according
to the criteria laid down in Schedule XI to these regulations and
appointed to carry out the procedures referred to in regulations
6(1) to (12) of these regulations. The names of such bodies are
published in the OJ<
“OJ” means the Official Journal of the European Union<
“placing on the market” means the first making available in
return for payment or free of charge of a device other than a device
intended for clinical investigation, with a view to distribution and,
or use on the Community or Maltese market, regardless of whether
it is new or fully refurbished<
“putting into service” means the stage at which a device has
been made available to the final user as being ready for use on the
Community or local market for the first time for its intended
purpose<
“reduction, elimination or removal” means a process by which
the number of transmissible agents is reduced, eliminated or
removed in order to prevent infection or pathogenic reaction<
“Regulatory Affairs Directorate” means the Regulatory
Affairs Directorate of the Malta Standards Authority as described
in the Establishment of Directorates of the Malta Standards
L.N. 39 of 2008.
Authority Order, 2008<
“single use device” means a device intended to be used once
only for a single patient<
“source country” means the country in which the animal was
born, has been reared and, or has been slaughtered<
“starting materials” means raw materials or any other product
of animal origin out of which, or with the help of which, devices
referred to in the definition for “medical devices manufactured
utilizing tissues of animal origin” are produced<
“tissue” means an organisation of cells and, or extra-cellular
constituents<
“transmissible agents” means unclassified pathogenic entities,
prions and such entities as bovine spongiform encephalopathies
agents and scrapie agents<
“TSE certificate” means the TSE certificate of suitability
issued by the European Directorate for the Quality of Medicines.
(1) The provisions of these regulations are applicable to all
imported medical devices as well as to those manufactured for the local
or Community market.
(2) Where a device is intended to administer a medicinal
product within the meaning of article 2 of the Medicines Act, that device
shall be governed by these regulations, without prejudice to the
provisions of the Medicines Act with regard to the medicinal product.
Provided that>
(a) if such a device is placed on the market in such a way
that the device and the medicinal product form a single integral
product which is intended exclusively for use in the given
combination and which is not reusable, that single product shall
be governed by the Medicines Act< and
(b) the relevant essential requirements of Schedule I to these
regulations shall apply as far as safety and performance-related
device features are concerned.
(3) (a) Where a device incorporates, as an integral part, a
substance which, if used separately, may be considered to be a medicinal
product within the meaning of article 2 of the Medicines Act and which
is liable to act upon the body with action ancillary to that of the device,
that device shall be assessed and authorised in accordance with these
regulations.
(b) Where a device incorporates, as an integral part, a
substance which, if used separately, may be considered to be a medicinal
product constituent or a medicinal product derived from human blood
or human plasma within the meaning of article 2 of the Medicines Act
and which is liable to act upon the human body with action ancillary to
that of the device, hereinafter referred to as a human blood derivative,
that device shall be assessed and authorised in accordance with these
regulations.
(4) Subject to the definition of a “medical device
manufactured utilising tissues of animal origin” in article 3 of these
regulations, no person shall place on the Maltese or Community market
or put into service a device manufactured utilising either animal tissue
which is rendered non-viable or non-viable products derived from animal
tissues unless>
(a) there is, in respect of that device, a risk analysis and risk
management scheme which is in accordance with the requirements
of these regulations, in particular regulations 7(1) to (10) and
Schedule XIII to these regulations< and
(b) the manufacturer of the device has fulfilled his
obligations under the procedures within that scheme.
(5) These regulations shall not apply to>
(a) in vitro diagnostic devices, as defined in the definition
for “in vitro diagnostic medical device” in article 3 of these
regulations<
(b) active implantable devices covered by Directive
90#385#EEC, as implemented by the Active Implantable Medical
L.N. 211 of 2008.
Devices Regulations, 2008<
(c) medicinal products covered by the Medicines Act. In
deciding whether a product falls under that Directive or these
regulations, particular account shall be taken of the principal mode
of action of the product<
(d) cosmetic products covered by the Cosmetic Products
L.N. 424 of 2004.
Regulations, 2004<
(e) human blood, blood products, plasma or blood cells of
human origin or to devices which incorporate at the time of placing
on the market such blood products, plasma or cells, with the
exception of devices referred to in regulation 4(3)(b) of these
regulations<
(f) transplants or tissues or cells of human origin nor to
product incorporating or derived from tissues or cells of human
origin, with the exception of devices referred to in regulation 4(3)(b)
of these regulations<
(g) transplants or tissues or cells of animal origin, unless a
device is manufactured utilising animal tissue which is rendered
non-viable or non-viable products derived from animal tissue.
(6) Where a device is intended by the manufacturer to be
used in accordance with both the provisions on personal protective
equipment in the Personal Protective Equipment Regulations, 2002 and
these regulations, the relevant basic health and safety requirements of
the Personal Protective Equipment Regulations, 2002 shall also be
fulfilled.
(7) These regulations constitute a specific directive within
the meaning of regulation 4(5) of The Electromagnetic Compatibility
Regulations, 2007.
(8) These regulations shall not affect the application of the
Nuclear Safety and Radiation Protection Regulations, 2003, nor of the
Ionising Radiation Medical Exposure Control Regulations, 2004.
(1) The devices must meet the essential requirements set out
in Schedule I to these regulations which apply to them, taking account
of the intended purpose of the devices concerned.
(2) All necessary steps shall be taken to ensure that devices
may be placed on the market and, or put into service only if they comply
with the requirements laid down in these regulations when duly supplied
and properly installed, maintained and used in accordance with their
intended purpose.
(a) Where a relevant hazard exists, devices which are also
machinery within the meaning of regulation 3.1.1 of the Machinery
Regulations, 2002, shall also meet the essential health and safety
requirements set out in Schedule I to those regulations to the extent
to which those essential health and safety requirements are more
specific than the essential requirements set out in Schedule I to
these regulations.
(b) All necessary steps shall be taken to ensure that devices
referred to in the definition for “medical device manufactured
utilising tissues of animal origin” in article 3 of these regulations
are placed on the market and put into service only if they comply
with the provisions of these regulations and with the specifications
laid down in Schedule XIII to these regulations.
(3) Devices, other than devices which are custom-made or
intended for clinical investigations, considered to meet the essential
requirements referred to in sub-regulation (1) hereof must bear the CE
marking of conformity when they are placed on the market.
(4) The CE marking of conformity, as shown in Schedule
XII to these regulations, must appear in a visible, legible and indelible
form on the device or its sterile pack, where practicable and appropriate,
and on the instructions for use. Where applicable, the CE marking must
also appear on the sales packaging. The CE marking shall be
accompanied by the identification number of the notified body
responsible for implementation of the procedures set out in Schedules
II, IV, V and VI to these regulations.
(5) It is prohibited to affix marks or inscriptions which are
likely to mislead third parties with regard to the meaning or the graphics
of the CE marking. Any other mark may be affixed on the device, to the
packaging or to the instruction leaflet accompanying the device provided
that the visibility and legibility of the CE marking is not thereby reduced.
(6) (a) Compliance with the essential requirements
referred to in regulation 5(1) of these regulations shall be presumed in
respect of devices which are in conformity with the relevant national
standards adopted pursuant to the harmonised standards the references
of which have been published in the OJ.
(b) For the purposes of these regulations, reference to
harmonised standards also includes the monographs of the European
Pharmacopoeia notably on surgical sutures and on interaction between
medicinal products and materials used in devices containing such
medicinal products, the references of which have been published in the
OJ.
(7) Where the devices are subject to other Directives
concerning other aspects and which also provide for the affixing of the
CE marking, the latter shall indicate that the devices also fulfil the
provisions of the other Directives. Provided that should one or more of
these Directives allow the manufacturer, during a transitional period,
to choose which arrangements to apply, the CE marking shall indicate
that the devices fulfil the provisions only of those Directives applied by
the manufacturer. In this case, the particulars of these Directives, as
published in the OJ, must be given in the documents, notices or
instructions required by the Directives and accompanying such devices.
(8) No obstacle shall be created to the placing on the market
or the putting into service of devices bearing the CE marking provided
for in regulations 5(3) to (5) of these regulations which indicate that
they have been the subject of an assessment of their conformity in
accordance with the provisions of regulations 6(1) to (12) of these
regulations.
(9) No obstacle shall be created to>
(a) devices intended for clinical investigation being made
available to medical practitioners or authorised persons for that
purpose if they meet the conditions laid down in regulations 9(1)
to (8) and in Schedule VIII to these regulations< and
(b) custom-made devices being placed on the market and
put into service if they meet the conditions laid down in regulations
6(1) to (12) in combination with Schedule VIII to these regulations<
Class IIa, IIb and III devices shall be accompanied by the statement
referred to in Schedule VIII to these regulations, which shall be
available to the particular patient identified by name, an acronym
or a numerical code.
Such devices shall not bear the CE marking.
(10) At trade fairs, exhibitions and demonstrations, no
obstacle shall be created to the showing of devices which do not conform
to these regulations, provided that a visible sign clearly indicates that
such devices cannot be marketed or put into service until they have
been made to comply.
(11) When a device reaches the final user, regardless of
whether it is for professional or other use, the information which must
be made available to the user and the patient in accordance with section
13 of Schedule I to these regulations, shall be provided in, at least, the
Maltese or English language.
(1) In the case of devices falling within Class III, other than
devices which are custom-made or intended for clinical investigations,
the manufacturer shall, in order to affix the CE marking, either>
(a) follow the procedure relating to the EC declaration of
conformity set out in Schedule II to these regulations relating to
full quality assurance system< or
(b) follow the procedure relating to the EC type-examination
set out in Schedule III to these regulations, coupled with>
(i) the procedure relating to the EC verification set out
in Schedule IV to these regulations< or
(ii) the procedure relating to the EC declaration of
conformity set out in Schedule V to these regulations relating
to production quality assurance.
(2) In the case of devices falling within Class IIa, other than
devices which are custom-made or intended for clinical investigations,
the manufacturer shall, in order to affix the CE marking, follow the
procedure relating to the EC declaration of conformity set out in
Schedule VII to these regulations, coupled with either>
(a) the procedure relating to the EC verification set out in
Schedule IV to these regulations< or
(b) the procedure relating to the EC declaration of
conformity set out in Schedule V to these regulations relating to
production quality assurance<
(c) the procedure relating to the EC declaration of
conformity set out in Schedule VI to these regulations relating to
product quality assurance.
Instead of applying these procedures, the manufacturer may
also follow the procedure referred to in regulation 6(3)(a) of these
regulations.
(3) In the case of devices falling within Class IIb, other than
devices which are custom-made or intended for clinical investigations,
the manufacturer shall, in order to affix the CE marking, either>
(a) follow the procedure relating to the EC declaration of
conformity set out in Schedule II to these regulations relating to
full quality assurance< in this case, Section 4 of Schedule II to
these regulations is not applicable< or
(b) follow the procedure relating to the EC type-examination
set out in Schedule III to these regulations, coupled with>
(i) the procedure relating to the EC verification set out
in Schedule IV to these regulations< or
(ii) the procedure relating to the EC declaration of
conformity set out in Schedule V to these regulations relating
to production quality assurance< or
(iii) the procedure relating to the EC declaration of
conformity set out in Schedule VI to these regulations relating
to product quality assurance.
(4) In the case of devices falling within Class I, other than
devices which are custom-made or intended for clinical investigations,
the manufacturer shall, in order to affix the CE marking, follow the
procedure referred to in Schedule VII to these regulations and draw up
the EC declaration of conformity required before placing the device on
the market.
(5) In the case of custom-made devices, the manufacturer
shall follow the procedure referred to in Schedule VIII to these
regulations and draw up the statement set out in that Schedule before
placing each device on the market.
The manufacturer of such devices may be requested to submit
a list of devices which have been into service in Malta to the Regulatory
Affairs Directorate.
(6) During the conformity assessment procedure for a
device, the manufacturer and, or the notified body shall take account of
the results of any assessment and verification operations which, where
appropriate, have been carried out in accordance with these regulations
at an intermediate stage of manufacture.
(7) The manufacturer may instruct his authorised
representative to initiate the procedures provided for in Schedules III,
IV, VII and VIII to these regulations.
(8) Where the conformity assessment procedure involves
the intervention of a notified body, the manufacturer, or his authorised
representative, may apply to a body of his choice within the framework
of the tasks for which the body has been notified.
(9) The notified body may require, where duly justified,
any information or data, which is necessary for establishing and
maintaining the attestation of conformity in view of the chosen
procedure.
(10) Decisions taken by the notified bodies in accordance
with Schedules II, III, V and VI to these regulations shall be valid for a
maximum of five years and may be extended on application, made at a
time agreed in the contract signed by both parties, for further periods of
a maximum length of five years.
(11) The records and correspondence relating to the
procedures referred to in regulations 6(1) to (5) of these regulations
shall be in the Maltese or English language or in another Community
language acceptable to the notified body.
(12) By derogation from regulations 6(1) to (5) of these
regulations, the Head of the Regulatory Affairs Directorate, after
consulting the Superintendent of Public Health, may authorise, on duly
justified request, the placing on the market and putting into service,
within the Maltese territory, of individual devices for which the
procedures referred to in regulations 6(1) to (5) of these regulations
have not been carried out and the use of which is in the interest of
protection of health.
(1) With respect to medical devices referred to in the Conformity
assessment for
definition for “medical device manufactured utilising tissues of animal medical devices
origin” in article 3 of these regulations, the following regulations shall manufactured
utilising tissues of
apply in addition to the provisions mentioned in regulations 6(1) to animal origin.
(12) of these regulations that apply to them.
(2) Collagen, gelatine or tallow used for the manufacturing
of medical devices, shall meet at least the requirements as fit for human
consumption.
(3) All necessary steps shall be taken to ensure that devices
referred to in the definition in sub-regulation (1) hereof are placed on
the market and put into service only if they comply with the provisions
of these regulations and the specifications laid down in Schedule XIII
of these regulations.
(4) Conformity assessment procedures for medical devices
referred to in the definition in sub-regulation (1) hereof shall include
the evaluation of their compliance with the essential requirements laid
down in Schedule I to these regulations and the specifications laid down
in Schedule XIII to these regulations.
(5) Before lodging an application for a conformity
assessment pursuant to regulation 6(1) of these regulations, the
manufacturer of medical devices referred to in the definition in sub-
regulation (1) hereof shall carry out the risk analysis and the risk
management scheme set out in Schedule XIII to these regulations.
(6) In order to assess the conformity of devices referred to
the definition in sub-regulation (1) hereof with the provisions of these
regulations and with the specifications laid down in Schedule XIII to
these regulations, the Regulatory Affairs Directorate shall verify that
bodies notified under regulations 13(1) to (8) of these regulations have
up-to-date knowledge of these devices. If, on the basis of that
verification, it is necessary to amend the tasks of a notified body, the
Regulatory Affairs Directorate shall notify the Commission and other
Member States accordingly.
(7) Notified bodies shall evaluate the manufacturer’s risk
analysis and risk management strategy, and in particular>
(a)
the information provided by the manufacturer<
(b) the justification for the use of animal tissues or
derivatives<
(c) the results of elimination and, or inactivation studies or
of literature search<
(d) the manufacturer’s control of the sources of raw
materials, finished products and subcontractors<
(e) the need to audit matters related to sourcing, including
third party supplies.
(8) Notified bodies shall, during the evaluation of the risk
analysis and risk management in the framework of the conformity
assessment procedure, take account of the TSE certificate of suitability
referred to in the definition for “TSE certificate” in article 3 of these
regulations, for starting materials, where available.”
(9) Except for medical devices using starting materials for
which a TSE certificate has been issued as referred to in regulation 7(8)
of these regulations, national bodies, shall, through the Regulatory
Affairs Directorate, seek the opinion of the competent authorities of the
other Member States on their evaluation of and conclusions on the risk
analysis and risk management of the tissues or the derivatives intended
to be incorporated in the medical device as established by the
manufacturer.
(10) Before issuing an EC design-examination certificate
or an EC type-examination certificate, the notified bodies shall give
due consideration to any comments received within 12 weeks from the
date on which the opinion of the national competent authorities was
sought.
(1) By way of derogation from regulations 6(1) to (12) of Particular procedure
for systems and
these regulations, the following sub-regulations shall apply to systems procedure packs and
procedure for
and procedure packs.
sterilisation.
(2) Any natural or legal person who puts devices bearing
the CE marking together within their intended purpose and within the
limits of use specified by their manufacturers, in order to place them on
the market as a system or procedure pack, shall draw up a declaration
by which he states that>
(a) he has verified the mutual compatibility of the devices
in accordance with the manufacturers’ instructions and has carried
out his operations in accordance with these instructions< and
(b) he has packaged the system or procedure pack and
supplied relevant information to users incorporating relevant
instructions from the manufacturers< and
(c) the whole activity is subjected to appropriate methods
of internal control and inspection.
(3) Where the conditions above are not met, as in cases
where the system or procedure pack incorporate devices which do not
bear a CE marking or where the chosen combination of devices is not
compatible in view of their original intended use, the system or procedure
pack shall be treated as a device in its own right and as such be subjected
to the relevant procedure pursuant to regulations 6(1) to (12) of these
regulations.
(4) Any natural or legal person who sterilises, for the
purpose of placing on the market, systems or procedure packs referred
to in regulations 8(2) and (3) of these regulations or other CE-marked
medical devices designed by their manufacturers to be sterilised before
use, shall, at his choice, follow one of the procedures referred to in
Schedule II or Schedule V to these regulations. The application of the
above-mentioned Schedules and the intervention of the notified body
are limited to the aspects of the procedure relating to the obtaining of
sterility until the sterile package is opened or damaged. The person
shall draw up a declaration stating that sterilisation has been carried out
in accordance with the manufacturer’s instructions.
(5) The products referred to in regulations 8(2) to (4) of
these regulations shall not themselves bear an additional CE marking.
They shall be accompanied by the information referred to in section 13
of Schedule I to these regulations which includes, where appropriate,
the information supplied by the manufacturers of the devices which
have been put together. The declarations referred to in regulations 8(2)
to (4) of these regulations shall be kept at the disposal of the Regulatory
Affairs Directorate for a period of five years.
(1) In the case of devices intended for clinical investigations
to be conducted in Malta, the manufacturer or the authorised
representative shall follow the procedure referred to in Schedule VIII
to these regulations and notify the Regulatory Affairs Directorate by
means of the statement mentioned in section 2(b) of Schedule VIII to
these regulations.
(2) (a) In the case of devices falling within Class III and
implantable and long-term invasive devices falling within Class IIa or
IIb, the manufacturer may commence the relevant clinical investigation
at the end of a period of 60 days after notification, unless the Regulatory
Affairs Directorate have notified him within that period of a decision to
the contrary based on considerations of public health or public policy.
(b) However, manufacturers may be authorised by the
Regulatory Affairs Directorate to commence the relevant clinical
investigations before the expiry of the period of 60 days, in so far as the
Ethics Committee, established by the Clinical Trials Regulations of 2004,
has issued a favourable opinion on the programme of investigation in
question, including its review of the clinical investigation plan.
(3) In the case of devices other than those referred to in
regulation 9(2) of these regulations, manufacturers may be authorised
by the Regulatory Affairs Directorate to commence clinical
investigations immediately after the date of notification, provided that
the Ethics Committee mentioned above has issued a favourable opinion
on the programme of investigation in question including its review of
the clinical investigation plan.
(4) The clinical investigations must be conducted in
accordance with the provision of Schedule X to these regulations.
(5) (a) If necessary, any appropriate steps to ensure public
health and public policy shall be taken according to the Public Health
Act.
(b) Where a clinical investigation is refused or halted,
the Regulatory Affairs Directorate shall communicate such decision
and the grounds thereof to all Member States and the Commission.
Where a significant modification or temporary interruption of a clinical
investigation has been called, the Regulatory Affairs Directorate shall
inform the Member States concerned about such actions and the grounds
for the actions taken.
(6) (a) The manufacturer or his authorised representative
shall notify the Regulatory Affairs Directorate and the competent
authorities of the other Member States concerned of the end of the
clinical investigation, with a justification in case of early termination.
(b) In the case of early termination of the clinical
investigation on safety grounds, the notification referred to in sub-
regulation (a) above shall be communicated by the Regulatory Affairs
Directorate to all Member States and the Commission.
(c) The manufacturer or his authorised representative
shall keep the report referred to in section 2(c)(vii) of Schedule X to
these regulations at the disposal of the Regulatory Affairs Directorate
and the competent authorities of the other Member States concerned.
(7) The provisions of regulations 9(1) and (2) above do not
apply where the clinical investigations are conducted using devices
which are authorised in accordance with regulations 6(1) to (12) of
these regulations to bear the CE marking unless the aim of these
investigations is to use the devices for a purpose other than that referred
to in the relevant conformity assessment procedure. The relevant
provisions of Schedule X to these regulations remain applicable.
(1) Where it is ascertained that the devices referred to in Withdrawal and
prohibition from
regulation 5(8) and in regulation 5(9)(b) of these regulations, when market.
correctly installed, maintained and used for their intended purpose, may
compromise the health and, or safety of patients, users or, where
applicable, other persons, all appropriate interim measures shall be taken
by the Director of Market Surveillance to withdraw such devices from
the market or prohibit or restrict their being placed on the market or put
into service.
(2) If a device which is not in conformity with the relevant
requirements bears the CE marking, all appropriate measures shall be
taken with regard to those responsible for affixing the marking.
(3) The Market Surveillance Directorate and the Regulatory
Affairs Directorate shall take the necessary steps to ensure that any
information brought to his knowledge, in accordance with the provisions
of these regulations, regarding the incidents mentioned below involving
a Class I, IIa, IIb or III device is recorded and evaluated centrally>
(a) any malfunction or deterioration in the characteristics
and, or performance of a device, as well as any inadequacy in the
labelling or the instructions for use which might lead to or might
have led to the death of a patient or user or to a serious deterioration
in his state of health<
(b) any technical or medical reason in relation to the
characteristics or performance of a device for the reasons referred
to in paragraph (a) above, leading to a systematic recall of devices
of the same type by the manufacturer.
(4) The Regulatory Affairs Directorate shall be immediately
informed of any such measures taken under regulations 10(1) to (3)
above, indicating the reasons for such decision and, in particular, whether
non-compliance is due to>
(a) failure to satisfy the essential requirements referred to
in regulation 5(1) of these regulations<
(b) incorrect application of the standards referred to in
regulation 5(6) of these regulations, in so far as it is claimed that
the standards have been applied<
(c)
shortcomings in the standards themselves.
(5) (a) The necessary steps shall be taken to ensure that
the manufacturer of the device concerned, or his authorised
representative, is also informed of the incidents referred to in regulation
10(3) above.
(b) An assessment of the incidents mentioned in
regulation 10(3) above will be carried out by the Regulatory Affairs
Directorate, if possible together with the manufacturer or his authorised
representative.
(6) Any decision taken pursuant to these regulations>
(a) to refuse or restrict the placing on the market or the
putting into service of a device or the carrying out of clinical
investigations< or
(b) to withdraw devices from the market,
shall state the exact grounds on which it is based. Such decisions
shall be notified without delay to the party concerned, who shall at
the same time be informed of the remedies available to him under
the Maltese law and of the time limits to which such remedies are
subject.
(7) In the event of a decision as referred to in regulation
10(6) of these regulations, the manufacturer shall have an opportunity
to put forward his viewpoint in advance, unless such consultation is not
possible because of the urgency of the measure to be taken.
(8) Where the Director of Market Surveillance considers,
in relation to a given product or group of products, that, in order to
ensure the protection of health and safety and, or to ensure that public
health requirements are observed, such products should be withdrawn
from the market, or their placing on the market and putting into service
should be prohibited, restricted or subjected to particular requirements,
any necessary and justified transitional measures may be taken.
The Regulatory Affairs Directorate shall immediately inform
the Commission and all other Member States of any measures taken in
pursuance of sub-regulations 10(1) to (10) of these regulations, giving
the reasons for such decisions.
(9) Without prejudice to sub-regulations 10(1), (2) and (4)
hereof>
(a) where it is established that the CE marking has been
affixed unduly or is missing in violation of these regulations, the
manufacturer or his authorised representative shall be obliged to
end the infringement under conditions imposed by the Director of
Market Surveillance< and
(b) where non-compliance continues, all appropriate
measures shall be taken by the Director of Market Surveillance to
restrict or prohibit the placing on the market of the product in
question or to ensure that it is withdrawn from the market, in
accordance with the procedure as laid down in sub-regulations
10(1), (2) and (4) hereof.
(10) The provisions of sub-regulation (9) hereof shall also
apply where the CE marking has been affixed in accordance with the
procedures in these regulations, but inappropriately, on products that
are not covered by these regulations.
(1) (a) Any manufacturer who has his registered place of
business in Malta and, under his own name, places devices on the market
in accordance with the procedures referred to in regulations 6(4) and
(5) of these regulations and any other natural or legal person engaged
in the activities referred to in regulations 8(1) to (5) of these regulations
shall inform the Regulatory Affairs Directorate of his registered place
of business and the description of the devices concerned.
(b) For all medical devices of Classes IIa, IIb and III,
all data allowing the identification of such devices together with the
label and instructions for use, may be requested when such devices are
put into service in Malta.
(2) (a) Where a manufacturer who places a device on the
Maltese or Community market under his own name does not have a
registered place of business in a Member State, he shall designate a
single authorised representative in the European Union.
(b) When the authorised representative referred to
herein has a registered place of business in Malta, he shall inform the
Regulatory Affairs Directorate of the details referred to in sub-regulation
(1) hereof.
(3) The Regulatory Affairs Directorate shall, on request,
inform the other Member States and the Commission of the details
referred to in regulations 11(1) and (2) of these regulations given by the
manufacturer or authorised representative.
(1) Regulatory data in accordance with these regulations
shall be stored in a European databank accessible to the competent
authorities to enable them to carry out their tasks relating to these
regulations on a well-informed basis. The databank shall contain the
following>
(a) data relating to registration of manufacturers and
authorised representatives and devices in accordance with
regulations 11(1) to (3) above, excluding data related to custom-
made devices<
(b) data relating to certificates issued, modified,
supplemented, suspended, withdrawn or refused according to the
procedures, as laid down in Schedules II to VII to these regulations<
(c) data obtained in accordance with the vigilance procedure
as defined in regulations 10(3) and (5) of these regulations<
(d) data relating to clinical investigations referred to in
regulations 9(1) to (8) of these regulations.
(2) Data shall be forwarded in a standardised format by the
Regulatory Affairs Directorate.
(3) The provisions of sub-regulations (1) and (2) hereof shall
be implemented not later than 5 th September 2012.
(1) The Regulatory Affairs Directorate shall notify the Notified Bodies.
Commission and other Member States of the bodies which it has
designated for carrying out the tasks pertaining to the procedures referred
to in regulations 6(1) to (12) of these regulations and the specific tasks
for which the bodies have been designated.
(2) The Regulatory Affairs Directorate shall apply the
criteria set out in Schedule XI to these regulations for the designation
of bodies. Bodies that meet the criteria laid down in the national standards
which transpose the relevant harmonised standards shall be presumed
to meet the relevant criteria.
(3) The Regulatory Affairs Directorate shall withdraw the
notification referred to in sub-regulation (1) hereof if it finds that the
body no longer meets the criteria referred to in sub-regulation (2) hereof.
It shall immediately inform the other Member States and the Commission
thereof.
(4) The notified body and the manufacturer, or his authorised
representative, shall lay down, by common accord, the time limits for
completion of the assessment and verification operations referred to in
Schedules II to VI to these regulations.
(5) (a) The notified body shall inform the Regulatory
Affairs Directorate about all certificates issued, modified, supplemented,
suspended, withdrawn or refused and the other notified bodies within
the scope of these regulations about certificates suspended, withdrawn
or refused and, on request, about certificates issued.
(b) The notified body shall also make available, on
request, all additional relevant information.
(6) (a) Where a notified body finds that pertinent
requirements of these regulations have not been met or are no longer
met by the manufacturer or where a certificate should not have been
issued, it shall, taking account of the principle of proportionality, suspend
or withdraw the certificate issued or place any restrictions on it unless
compliance with such requirements is ensured by the implementation
of appropriate corrective measures by the manufacturer.
(b) In the case of suspension or withdrawal of the
certificate or of any restriction placed on it or in cases where an
intervention of the competent authority may become necessary, the
notified body shall inform the Regulatory Affairs Directorate thereof.
The Regulatory Affairs Directorate shall inform the other Member States
and the Commission.
(7) The notified body shall, on request, supply all relevant
information and documents including budgetary documents, required
to enable the Regulatory Affairs Directorate to verify compliance with
the requirements of Schedule XI to these regulations.
(8) All necessary actions shall be taken to ensure that the
notified bodies which are responsible pursuant to regulations 6(1) to
(4) of these regulations for conformity assessment take account of any
relevant information regarding the characteristics and performance of
such devices, including in particular the results of any relevant tests
and verification already carried out under pre-existing Maltese law,
regulations or administrative provisions in respect of such devices.
(1) Without prejudice to the existing national provisions
and practices on medical secrets, the Director of Market Surveillance
and the Head of the Regulatory Affairs Directorate shall ensure that all
the parties involved in the application of these regulations are bound to
observe confidentiality with regard to all information obtained in
carrying out their tasks. This does not affect the obligation of the Market
Surveillance Directorate or the Regulatory Affairs Directorate with
regard to mutual information and the dissemination of warnings, nor
the obligations of the persons concerned to provide information under
criminal law.
(2)
The following information shall not be treated as
confidential>
(a) information on the registration of persons responsible
for placing devices on the market in accordance with regulations
11(1) to (3) of these regulations<
(b) information to users sent out by the manufacture,
authorised representative or distributor in relation to a measure
according to regulation 10(5)(b) of these regulations<
(c) information contained in certificates issued, modified,
supplemented, suspended or withdrawn.
The penalties applicable for the infringement of any of the Penalties.
provisions above shall be those provided for in Part IV of the Product
Safety Act.
The Medical Devices Regulations, 2003 are hereby being Revokes L.N. 47 of
2003. revoked.
Schedule I
Based on Annex I of Directive 93/42/EEC
ESSENTIAL REQUIREMENTS
GENERAL REQUIREMENTS
(1)
The devices must be designed and manufactured in such a way that, when used under
the conditions and for the purposes intended, they will not compromise the clinical
condition or the safety of patients, or the safety and health of users or, where
applicable, other persons, provided that any risks which may be associated with their
intended use constitute acceptable risks when weighed against the benefits to the
patient and are compatible with a high level of protection of health and safety. This
shall include
(a)
reducing, as far as possible, the risk of use error due to the ergonomic features
of the device and the environment in which the device is intended to be used
(design for patient safety), and
(b)
consideration of the technical knowledge, experience, education and training
and where applicable the medical and physical conditions of intended users
(design for lay, professional, disabled or other users).
(2)
The solutions adopted by the manufacturer for the design and construction of the
devices must conform to safety principles, taking account of the generally
acknowledged state of the art. In selecting the most appropriate solutions, the
manufacturer must apply the following principles in the following order
(a)
eliminate or reduce risks as far as possible (inherently safe design and
construction),
(b)
where appropriate take adequate protection measures including alarms if
necessary, in relation to risks that cannot be eliminated,
(c)
inform users of the residual risks due to any shortcomings of the protection
measures adopted.
(3)
The devices must achieve the performances intended by the manufacturer and be
designed, manufactured and packaged in such a way that they are suitable for one or
more of the functions referred to in the definition of a “medical device” in regulation
3 of these regulations, as specified by the manufacturer.
(4)
The characteristics and performances referred to in sections 1, 2 and 3 of this
Schedule must not be adversely affected to such a degree that the clinical conditions
and safety of the patients and, where applicable, of other persons are compromised
during the lifetime of the device as indicated by the manufacturer, when the device is
subjected to the stresses which can occur during normal conditions of use.
(5)
The devices must be designed, manufactured and packed in such a way that their
characteristics and performances during their intended use will not be adversely
affected during transport and storage taking account of the instructions and
information provided by the manufacturer.
(6)
(a)
Any undesirable side-effect must constitute an acceptable risk when weighed
against the performances intended.
(b)
Demonstration of conformity with the essential requirements must include a
clinical evaluation in accordance with Schedule X to these regulations.
REQUIREMENTS REGARDING DESIGN AND CONSTRUCTION
(7)
Chemical, physical and biological properties
(a) The devices must be designed and manufactured in such a way as to guarantee
the characteristics and performances referred to in Section I of this Schedule on
the ‘General Requirements’. Particular attention must be paid to
(i) the choice of materials used, particularly as regards toxicity and, where
appropriate, flammability,
(ii) the compatibility between the materials used and biological tissues, cells and
body fluids, taking account of the intended purpose of the device.
(iii) where appropriate, the results of biophysical or modelling research whose
validity has been demonstrated beforehand.
(b) The devices must be designed, manufactured and packed in such a way as to
minimize the risk posed by contaminants and residues to the persons involved in
the transport, storage and use of the devices and to the patients, taking account
of the intended purpose of the product. Particular attention must be paid to the
tissues exposed and to the duration and frequency of exposure.
(c) The devices must be designed and manufactured in such a way that they can be
used safely with the materials, substances and gases with which they enter into
contact during their normal use or during routine procedures; if the devices are
intended to administer medicinal products they must be designed and
manufactured in such a way as to be compatible with the medicinal products
concerned according to the provisions and restrictions governing these products
and that their performance is maintained in accordance with the intended use.
(d) Where a device incorporates, as an integral part, a substance which, if used
separately, may be considered to be a medicinal product as defined in article 2 of
the Medicines Act and which is liable to act upon the body with action ancillary
to that of the device, the quality, safety and usefulness of the substance must be
verified by analogy with the methods specified in Annex I to Directive
2001/83/EC.
(i)
For the substances referred to in the first paragraph, the notified body
shall, having verified the usefulness of the substance as part of the
medical device and taking account of the intended purpose of the device,
seek a scientific opinion from one of the competent authorities designated
by the Member States or the European Medicines Agency (EMEA) acting
particularly through its committee in accordance with Regulation (EC)
No 726/2004 6 on the quality and safety of the substance including the
clinical benefit and risk profile of the incorporation of the substance into
the device. When issuing its opinion, the competent authority or the
EMEA shall take into account the manufacturing process and the data
related to the usefulness of incorporation of the substance into the device
as determined by the notified body.
(ii)
Where a device incorporates, as an integral part, a human blood
derivative, the notified body shall, having verified the usefulness of the
substance as part of the medical device and taking into account the
intended purpose of the device, seek a scientific opinion from the EMEA,
acting particularly through its committee, on the quality and safety of the
substance including the clinical benefit and risk profile of the
incorporation of the human blood derivative into the device. When issuing
its opinion, the EMEA shall take into account the manufacturing process
and the data related to the usefulness of incorporation of the substance
into the device as determined by the notified body.
(iii)
Where changes are made to an ancillary substance incorporated in a
device, in particular related to its manufacturing process, the notified body
shall be informed of the changes and shall consult the relevant medicines
competent authority (the one involved in the initial consultation), in order
to confirm that the quality and safety of the ancillary substance are
maintained. The competent authority shall take into account the data
related to the usefulness of incorporation of the substance into the device
as determined by the notified body, in order to ensure that the changes
have no negative impact on the established benefit and risk profile of the
addition of the substance in the medical device.
(iv)
When the relevant medicines competent authority (the one involved in the
initial consultation) has obtained information on the ancillary substance,
which could have an impact on the established benefit and risk profile of
the addition of the substance in the medical device, it shall provide the
notified body with advice, whether this information has an impact on the
established benefit and risk profile of the addition of the substance in the
medical device or not. The notified body shall take the updated scientific
opinion into account in reconsidering its assessment of the conformity
assessment procedure.
(e) The devices must be designed and manufactured in such a way as to reduce to a
minimum the risks posed by substances leaking from the device. Special
attention shall be given to substances which are carcinogenic, mutagenic or toxic
to reproduction, in accordance with the Dangerous Substances (Notification)
Regulations, 2004.
6 Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004
laying down Community procedures for the authorisation and supervision of medicinal products for
human and veterinary use and establishing a European Medicines Agency (OJ L.136
(i)
If parts of a device (or a device itself) intended to administer and, or
remove medicines, body liquids or other substances to or from the body,
or devices intended for transport and storage of such body fluids or
substances, contain phthalates which are classified as carcinogenic,
mutagenic or toxic to reproduction, of category 1 or 2, in accordance with
the Dangerous Substances (Notification) Regulations, 2001, these devices
must be labelled on the device itself and, or on the packaging for each unit
or, where appropriate, on the sales packaging as a device containing
phthalates.
(ii)
If the intended use of such devices includes treatment of children or
treatment of pregnant or nursing women, the manufacturer must provide a
specific justification for the use of these substances with regard to
compliance with the essential requirements, in particular of this
paragraph, within the technical documentation and, within the instructions
for use, information on residual risks for these patient groups and, if
applicable, on appropriate precautionary measures.
(f) Devices must be designed and manufactured in such a way as to reduce, as much
as possible, risks posed by the unintentional ingress of substances into the device
taking into account the device and the nature of the environment in which it is
intended to be used.
(8)
Infection and microbial contamination
(a) The devices and manufacturing processes must be designed in such a way as to
eliminate or reduce as far as possible the risk of infection to the patient, user and
third parties. The design must allow easy handling and, where necessary,
minimize contamination of the device by the patient or vice versa during use.
Tissues of animal origin must originate from animals that have been
subjected to veterinary controls and surveillance adapted to the intended
use of the tissues.
(ii)
Notified bodies shall retain information on the geographical origin of the
animals.
(iii) Processing, preservation, testing and handling of tissues, cells and
substances of animal origin must be carried out so as to provide optimal
security. In particular safety with regard to viruses and other transmissible
agents must be addressed by implementation of validated methods of
elimination or viral inactivation in the course of the manufacturing process.
(c) Devices delivered in a sterile state must be designed, manufactured and packed
in a non-reusable pack and, or according to appropriate procedures to ensure that
they are sterile when placed on the market and remain sterile, under the storage
and transport conditions laid down, until the protective packaging is damaged or
opened.
(d) Devices delivered in a sterile state must have been manufactured and sterilised
by an appropriate, validated method.
(e) Devices intended to be sterilised must be manufactured in appropriately
controlled (e.g. environmental) conditions.
(f) Packaging systems for non-sterile devices must keep the product without
deterioration at the level of cleanliness stipulated and, if the devices are to be
sterilised prior to use, minimise the risk of microbial contamination; the
packaging system must be suitable taking account of the method of sterilisation
indicated by the manufacturer.
(g) The packaging and, or label of the device must distinguish between identical or
similar products sold in both sterile and non-sterile condition.
(9)
Construction and environmental properties
(a) If the device is intended for use in combination with other devices or equipment,
the whole combination, including the connection system must be safe and must
not impair the specified performances of the devices. Any restrictions on use
must be indicated on the label or in the instructions for use.
(b) Devices must be designed and manufactured in such a way as to remove or
minimize as far as is possible
(i)
the risk of injury, in connection with their physical features, including the
volume/pressure ratio, dimensional and where appropriate ergonomic
features,
(ii)
risks connected with reasonably foreseeable environmental conditions, such
as magnetic fields, external electrical influences, electrostatic discharge,
pressure, temperature or variations in pressure and acceleration,
(iii) the risks of reciprocal interference with other devices normally used in the
investigations or for the treatment given,
(iv)
risks arising where maintenance or calibration are not possible (as with
implants), from ageing of materials used or loss of accuracy of any
measuring or control mechanism.
(c) Devices must be designed and manufactured in such a way as to minimize the
risks of fire or explosion during normal use and in single fault condition.
Particular attention must be paid to devices whose intended use includes
exposure to flammable substances or to substances which could cause
combustion.
(10)
Devices with a measuring function
(a) Devices with a measuring function must be designed and manufactured in such a
way as to provide sufficient accuracy and stability within appropriate limits of
accuracy and taking account of the intended purpose of the device. The limits of
accuracy must be indicated by the manufacturer.
(b) The measurement, monitoring and display scale must be designed in line with
ergonomic principles, taking account of the intended purpose of the device.
(c) The measurements made by devices with a measuring function must be
expressed in legal units conforming to the provisions of the Metrology Act.
(11)
Protection against radiation
(a) General
Devices shall be designed and manufactured in such a way that exposure of patients,
users and other persons to radiation shall be reduced as far as possible compatible
with the intended purpose, whilst not restricting the application of appropriate
specified levels for therapeutic and diagnostic purposes.
(b) Intended radiation
(i)
Where devices are designed to emit hazardous levels of radiation
necessary for a specific medical purpose the benefit of which is
considered to outweigh the risks inherent in the emission, it must be
possible for the user to control the emissions. Such devices shall be
designed and manufactured to ensure reproducibility and tolerance of
relevant variable parameters.
(ii)
Where devices are intended to emit potentially hazardous, visible and, or
invisible radiation, they must be fitted, where practicable, with visual
displays and, or audible warnings of such emissions.
(c) Unintended radiation
Devices shall be designed and manufactured in such a way that exposure of patients,
users and other persons to the emission of unintended, stray or scattered radiation is
reduced as far as possible.
(d) Instructions
The operating instructions for devices emitting radiation must give detailed
information as to the nature of the emitted radiation, means of protecting the patient
and the user and on ways of avoiding misuse and of eliminating the risks inherent in
installation.
(e) Ionising radiation
(i)
Devices intended to emit ionizing radiation must be designed and
manufactured in such a way as to ensure that, where practicable, the
quantity, geometry and quality of radiation emitted can be varied and
controlled taking into account the intended use.
(ii)
Devices emitting ionizing radiation intended for diagnostic radiology shall
be designed and manufactured in such a way as to achieve appropriate
image and, or output quality for the intended medical purpose whilst
minimizing radiation exposure of the patient and user.
(iii)
Devices emitting ionizing radiation, intended for therapeutic radiology
shall be designed and manufactured in such a way as to enable reliable
monitoring and control of the delivered dose, the beam type and energy
and where appropriate the quality of radiation.
(12)
Requirements for medical devices connected to or equipped with an energy
source
(a) Devices incorporating electronic programmable systems must be designed to
ensure the repeatability, reliability and performance of these systems according
to the intended use. In the event of a single fault condition (in the system)
appropriate means should be adopted to eliminate or reduce as far as possible
consequent risks.
(b) For devices which incorporate software or which are medical software in
themselves, the software must be validated according to the state of the art
taking into account the principles of development lifecycle, risk management,
validation and verification.
(c) Devices where the safety of the patients depends on an internal power supply
must be equipped with a means of determining the state of the power supply.
(d) Devices where the safety of the patients depends on an external power supply
must include an alarm system to signal any power failure.
(e) Devices intended to monitor one or more clinical parameters of a patient must be
equipped with appropriate alarm systems to alert the user of situations which
could lead to death or severe deterioration of the patient's state of health.
(f) Devices must be designed and manufactured in such a way as to minimize the
risks of creating electromagnetic fields which could impair the operation of other
devices or equipment in the usual environment.
(g) Protection against electrical risks
Devices must be designed and manufactured in such a way as to avoid, as far as
possible, the risk of accidental electric shocks during normal use and in single fault
condition, provided the devices are installed correctly.
(h) Protection against mechanical and thermal risks
(i)
Devices must be designed and manufactured in such a way as to protect
the patient and user against mechanical risks connected with, for
example, resistance, stability and moving parts.
(ii)
Devices must be designed and manufactured in such a way as to reduce
to the lowest possible level the risks arising from vibration generated by
the devices, taking account of technical progress and of the means
available for limiting vibrations, particularly at source, unless the
vibrations are part of the specified performance.
(iii)
Devices must be designed and manufactured in such a way as to reduce
to the lowest possible level the risks arising from the noise emitted,
taking account of technical progress and of the means available to reduce
noise, particularly at source, unless the noise emitted is part of the
specified performance.
(iv)
Terminals and connectors to the electricity, gas or hydraulic and
pneumatic energy supplies which the user has to handle must be designed
and constructed in such a way as to minimize all possible risks.
(v)
Accessible parts of the devices (excluding the parts or areas intended to
supply heat or reach given temperatures) and their surroundings must not
attain potentially dangerous temperatures under normal use.
(i) Protection against the risks posed to the patient by energy supplies or
substances
(i)
Devices for supplying the patient with energy or substances must be
designed and constructed in such a way that the flow-rate can be set and
maintained accurately enough to guarantee the safety of the patient and of
the user.
(ii)
Devices must be fitted with the means of preventing and, or indicating any
inadequacies in the flow-rate which could pose a danger.
(iii)
Devices must incorporate suitable means to prevent, as far as possible, the
accidental release of dangerous levels of energy from an energy and, or
substance source.
(j) The function of the controls and indicators must be clearly specified on the
devices.
Where a device bears instructions required for its operation or indicates operating or
adjustment parameters by means of a visual system, such information must be
understandable to the user and, as appropriate, the patient.
(13)
Information supplied by the manufacturer
(a) Each device must be accompanied by the information needed to use it safely and
properly, taking account of the training and knowledge of potential users, and to
identify the manufacturer.
(i)
This information comprises the details on the label and the data in the
instructions for use.
(ii)
As far as practicable and appropriate, the information needed to use the
device safely must be set out on the device itself and, or on the packaging
for each unit or, where appropriate, on the sales packaging. If individual
packaging of each unit is not practicable, the information must be set out in
the leaflet supplied with one or more devices.
(iii)
Instructions for use must be included in the packaging for every device. By
way of exception, no such instructions for use are needed for devices in
Class I or IIa if they can be used safely without any such instructions.
(b) Where appropriate, this information should take the form of symbols. Any
symbol or identification colour used must conform to the harmonized standards.
In areas for which no standards exist, the symbols and colours must be described
in the documentation supplied with the device.
(c) The label must bear the following particulars
(i)
the name or trade name and address of the manufacturer. For devices
imported in Malta, in view of their distraction locally or in the Community,
the label, or the outer packaging, or instructions for use, shall contain in
addition the name and address of the authorised representative where the
manufacturer does not have a registered place of business in Malta or in the
Community;
(ii)
the details strictly necessary to identify the device and the contents of the
packaging especially for the users;
(iii)
where appropriate, the word ‘STERILE’;
(iv)
where appropriate, the batch code, preceded by the word ‘LOT’, or the
serial number;
(v)
where appropriate, an indication of the date by which the device should be
used, in safety, expressed as the year and month;
(vi)
where appropriate, an indication that the device is for single use. A
manufacturer’s indication of single use must be consistent across the
Community;
(vii)
if the device is custom-made, the words ‘custom-made device’;
(viii)
if the device is intended for clinical investigations, the words ‘exclusively
for clinical investigations’;
(ix)
any special storage and, or handling conditions;
(x)
any special operating instructions;
(xi)
any warnings and, or precautions to take;
(xii)
year of manufacture for active devices other than those covered by section
13(c)(v) of this Schedule. This indication may be included in the batch or
serial number;
(xiii)
where applicable, method of sterilisation;
(xiv)
in the case of a device within the meaning of regulation 4(3)(b) of these
regulations, an indication that the device contains a human blood
derivative.
(d) If the intended purpose of the device is not obvious to the user, the manufacturer
must clearly state it on the label and in the instructions for use.
(e) Wherever reasonable and practicable, the devices and detachable components
must be identified, where appropriate in terms of batches, to allow all
appropriate action to detect any potential risk posed by the devices and
detachable components.
(f) Where appropriate, the instructions for use must contain the following
particulars
(i)
the details referred to in section 13(c) of this Schedule, with the exception
of sections (iv) and (v);
(ii)
the performances referred to in section 3 of this Schedule and any
undesirable side-effects;
(iii)
if the device must be installed with or connected to other medical devices
or equipment in order to operate as required for its intended purpose,
sufficient details of its characteristics to identify the correct devices or
equipment to use in order to obtain a safe combination;
(iv)
all the information needed to verify whether the device is properly
installed and can operate correctly and safely, plus details of the nature
and frequency of the maintenance and calibration needed to ensure that
the devices operate properly and safely at all times;
(v)
where appropriate, information to avoid certain risks in connection with
implantation of the device;
(vi)
information regarding the risks of reciprocal interference posed by the
presence of the device during specific investigations or treatment;
(vii)
the necessary instructions in the event of damage to the sterile packaging
and, where appropriate, details of appropriate methods of resterilisation;
(viii) if the device is reusable, information on the appropriate processes to allow
reuse, including cleaning, disinfection, packaging and, where appropriate,
the method of sterilisation of the device to be resterilised, and any
restriction on the number of reuses.
Where devices are supplied with the intention that they be sterilised before
use, the instructions for cleaning and sterilisation must be such that, if
correctly followed, the device will still comply with the requirements in
sections 1 to 6 of this Schedule.
If the device bears an indication that the device is for single use,
information on known characteristics and technical factors known to the
manufacturer that could pose a risk if the device were to be re-used. If in
accordance with section 13(a) of this Schedule no instructions for use are
needed, the information must be made available to the user upon request;
(ix)
details of any further treatment or handling needed before the device can
be used (for example, sterilisation, final assembly, etc.);
(x)
in the case of devices emitting radiation for medical purposes, details of
the nature, type, intensity and distribution of this radiation.
The instructions for use must also include details allowing the medical staff to
brief the patient on any contra-indications and any precautions to be taken. These
details should cover in particular;
(xi)
precautions to be taken in the event of changes in the performance of the
device;
(xii)
precautions to be taken as regards exposure, in reasonably foreseeable
environmental conditions, to magnetic fields, external electrical
influences, electrostatic discharge, pressure or variations in pressure,
acceleration, thermal ignition sources, etc.;
(xiii) adequate information regarding the medicinal product or products which
the device in question is designed to administer, including any limitations
in the choice of substances to be delivered;
(xiv)
precautions to be taken against any special, unusual risks related to the
disposal of the device;
(xv)
medicinal substances or human blood derivatives incorporated into the
device as an integral part in accordance with section 7(d) of this Schedule;
(xvi)
degree of accuracy claimed for devices with a measuring function;
(xvii) date of issue or the latest revision of the instructions for use.
Schedule II
Based on Annex II of Directive 93/42/EEC
EC DECLARATION OF CONFORMITY (Full quality assurance system)
(1)
The manufacturer must ensure application of the quality system approved for the
design, manufacture and final inspection of the products concerned, as specified in
section 3 and is subject to audit as laid down in sections 3(c) and 4 and to
Community surveillance as specified in section 5 of this Schedule.
(2)
The EC declaration of conformity is the procedure whereby the manufacturer who
fulfils the obligations imposed by section 1 of this Schedule ensures and declares that
the products concerned meet the provisions of this Directive which apply to them.
The manufacturer must affix the CE marking in accordance with regulations 5(3) to
(5) of these regulations and draw up a written declaration of conformity. This
declaration must cover one or more medical devices manufactured, clearly identified
by means of product name, product code or other unambiguous reference and must
be kept by the manufacturer.
(3)
Quality System
(a) The manufacturer must lodge an application for assessment of his quality system
with a notified body. The application must include
(i)
the name and address of the manufacturer and any additional
manufacturing site covered by the quality system,
(ii)
all the relevant information on the product or product category covered
by the procedure,
(iii)
a written declaration that no application has been lodged with any other
notified body for the same product-related quality system,
(iv)
the documentation on the quality system,
(v)
an undertaking by the manufacturer to fulfil the obligations imposed by
the quality system approved,
(vi)
an undertaking by the manufacturer to keep the approved quality system
adequate and efficacious,
(vii)
an undertaking by the manufacturer to institute and keep up to date a
systematic procedure to review experience gained from devices in the
post-production phase, including the provisions referred to in Schedule X
to these regulations, and to implement appropriate means to apply any
necessary corrective action. This undertaking must include an obligation
for the manufacturer to notify the competent authorities of the following
incidents immediately on learning of them
(1)
any malfunction or deterioration in the characteristics and, or
performance of a device, as well as any inadequacy in the
instructions for use which might lead to or might have led to the
death of a patient or user or to a serious deterioration in his state of
health;
(2)
any technical or medical reason connected with the characteristics
or performance of a device leading for the reasons referred to in the
first paragraph above to systematic recall of devices of the same
type by the manufacturer.
(b) Application of the quality system must ensure that the products conform to the
provisions of these regulations which apply to them at every stage, from design
to final inspection. All the elements, requirements and provisions adopted by the
manufacturer for his quality system must be documented in a systematic and
orderly manner in the form of written policies and procedures such as quality
programmes, quality plans, quality manuals and quality records.
It shall include in particular the corresponding documentation, data and records
arising from the procedures referred to in section 3(b)(iii) below.
It shall include in particular an adequate description of
(i)
the manufacturer’s quality objectives;
(ii)
the organisation of the business and in particular
(1)
the organisational structures, the responsibilities of the managerial
staff and their organisational authority where quality of design and
manufacture of the products is concerned,
(2) the methods of monitoring the efficient operation of the quality
system and in particular its ability to achieve the desired quality of
design and of product, including control of products which fail to
conform,
(3)
where the design, manufacture and, or final inspection and testing
of the products, or elements thereof, is carried out by a third party,
the methods of monitoring the efficient operation of the quality
system and in particular the type and extent of control applied to
the third party;
(iii)
the procedures for monitoring and verifying the design of the products,
including the corresponding documentation, and in particular
(1)
a general description of the product, including any variants planned,
and its intended use,
(2)
the design specifications, including the standards which will be
applied and the results of the risk analysis, and also a description of
the solutions adopted to fulfil the essential requirements which
apply to the products if the standards referred to in regulation 5(6)
of these regulations are not applied in full,
(3)
the techniques used to control and verify the design and the
processes and systematic measures which will be used when the
products are being designed,
(4) if the device is to be connected to any other device in order to
operate as intended, proof must be provided that it conforms to the
essential requirements when connected to any such device having
the characteristics specified by the manufacturer,
(5) a statement indicating whether or not the device incorporates, as an
integral part, a substance or a human blood derivative referred to in
section 7(d) of Schedule I to these regulations and the data on the
tests conducted in this connection required to assess the safety,
quality and usefulness of that substance or human blood derivative,
taking account of the intended purpose of the device,
(6)
a statement indicating whether or not the device is manufactured
utilising tissues of animal origin as referred to in the definition of a
“medical device manufactured utilising tissues of animal origin” in
regulation 3 of these regulations,
(7)
the solutions adopted as referred to in section 2 of Schedule I to
these regulations,
(8)
the pre-clinical evaluation,
(9) the clinical evaluation referred to in Schedule X to these regulations,
(10) the draft label and, where appropriate, instructions for use.
(iv)
the inspection and quality assurance techniques at the manufacturing stage
and in particular
(1)
the process and procedures which will be used, particularly as
regards sterilisation, purchasing and the relevant documents,
(2) the product identification procedures drawn up and kept up to date
from drawings, specifications or other relevant documents at every
stage of manufacture;
(v)
the appropriate tests and trials which will be carried out before, during
and after manufacture, the frequency with which they will take place, and
the test equipment used; it must be possible to track back the calibration
of the test equipment adequately.
(c) The notified body must audit the quality system to determine whether it meets
the requirements referred to in section 3(b) above. It must presume that quality
systems which implement the relevant harmonized standards conform to these
requirements.
(i)
The assessment team must include at least one member with past
experience of assessments of the technology concerned. The assessment
procedure must include an assessment, on a representative basis, of the
documentation of the design of any product concerned, an inspection on
the manufacturer's premises and, in duly substantiated cases, on the
premises of the manufacturer's suppliers and, or subcontractors to inspect
the manufacturing processes.
(ii)
The decision is notified to the manufacturer. It must contain the
conclusions of the inspection and a reasoned assessment.
(d) The manufacturer must inform the notified body which approved the quality
system of any plan for substantial changes to the quality system or the product-
range covered. The notified body must assess the changes proposed and verify
whether after these changes the quality system still meets the requirements
referred to in section 3(b) of this Schedule. It must notify the manufacturer of its
decision. This decision must contain the conclusions of the inspection and a
reasoned assessment.
(4)
Examination of the design of the product
(a) In addition to the obligations imposed by section 3 of this Schedule, the
manufacturer must lodge with the notified body an application for examination
of the design dossier relating to the product which he plans to manufacture and
which falls into the category referred to in section 3(a) of this Schedule.
(b) The application must describe the design, manufacture and performances of the
product in question. It must include the documents needed to assess whether the
product conforms to the requirements of these regulations, as referred to in
section 3(b)(iii) of this Schedule.
(c) The notified body must examine the application and, if the product conforms to
the relevant provisions of these regulations, issue the application with an EC
design-examination certificate. The notified body may require the application to
be completed by further tests or proof to allow assessment of conformity with
the requirements of these regulations. The certificate must contain the
conclusions of the examination, the conditions of validity, the data needed for
identification of the approved design, where appropriate, a description of the
intended purpose of the product.
(i)
In the case of devices referred to in section 7(d)(i) of Schedule I to these
regulations, the notified body shall, as regards the aspects referred to in
that section, consult one of the competent authorities designated by the
Member States in accordance with Directive 2001/83/EC or the EMEA
before taking a decision. The opinion of the competent national authority
or the EMEA must be drawn up within 210 days after receipt of a valid
documentation. The scientific opinion of the competent national
authority or the EMEA must be included in the documentation
concerning the device. The notified body will give due consideration to
the views expressed in this consultation when making its decision. It will
convey its final decision to the competent body concerned.
(ii)
In the case of devices referred to in section 7(d)(ii) of Schedule I to these
regulations, the scientific opinion of the EMEA must be included in the
documentation concerning the device. The opinion of the EMEA must be
drawn up within 210 days after receipt of a valid documentation. The
notified body will give due consideration to the opinion of the EMEA
when making its decision. The notified body may not deliver the
certificate if the EMEA's scientific opinion is unfavourable. It will
convey its final decision to the EMEA.
(iii)
In the case of devices manufactured utilising tissues of animal origin as
referred to in the definition of a “medical device manufactured utilising
tissues of animal origin” in regulation 3 of these regulations, the notified
body must follow the procedures referred to in these regulations.
(d) Changes to the approved design must receive further approval from the notified
body which issued the EC design-examination certificate wherever the changes
could affect conformity with the essential requirements of these regulations or
with the conditions prescribed for use of the product. The applicant shall inform
the notified body which issued the EC design-examination certificate of any
such changes made to the approved design. This additional approval must take
the form of a supplement to the EC design-examination certificate.
(5)
Surveillance
(a) The aim of surveillance is to ensure that the manufacturer duly fulfils the
obligations imposed by the approved quality system.
(b) The manufacturer must authorise the notified body to carry out all the necessary
inspections and supply it with all relevant information, in particular
(i)
the documentation on the quality system,
(ii)
the data stipulated in the part of the quality system relating to design,
such as the results of analyses, calculations, tests, the solutions adopted
as referred to in section 2 of Schedule I to these regulations, preclinical
and clinical evaluation, post-market clinical follow-up plan and the
results of the post-market clinical follow-up, if applicable, etc.,
(iii)
the data stipulated in the part of the quality system relating to
manufacture, such as inspection reports and test data, calibration data,
qualification reports of the personnel concerned, etc.
(c) The notified body must periodically carry out appropriate inspections and
assessments to make sure that the manufacturer applies the approved quality
system and must supply the manufacturer with an assessment report.
(d) In addition, the notified body may pay unannounced visits to the manufacturer.
At the time of such visits, the notified body may, where necessary, carry out or
ask for tests in order to check that the quality system is working properly. It must
provide the manufacturer with an inspection report and, if a test has been carried
out, with a test report.
(6)
Administrative provisions
(a) The manufacturer or his authorised representative must, for a period ending at
least five years, and in the case of implantable devices at least 15 years, after the
last product has been manufactured, keep at the disposal of the national
authorities
(i)
the declaration of conformity,
(ii)
the documentation referred to in section 3(a)(iv) of this Schedule and in
particular the documentation, data and records referred to in section 3(b)
of this Schedule,
(iii)
the changes referred to in section 3(d) of this Schedule,
(iv)
the documentation referred to in section 4(b) of this Schedule, and
(v)
the decisions and reports from the notified body as referred to in sections
3(c), 4(c), 4(d), 5(c) and 5(d) of this Schedule.
(7)
Application to devices in Classes IIa and IIb
(a) In line with regulations 6(2) and (3) of these regulations, this Schedule may
apply to products in Classes IIa and IIb. section 4 of this Schedule, however,
does not apply.
(b) For devices in Class IIa the notified body shall assess, as part of the assessment
in section 3(c) of this Schedule, the technical documentation as described in
Section 3(b)(iii) above for at least one representative sample for each device
subcategory for compliance with the provisions of these regulations.
(c) For devices in Class IIb the notified body shall assess, as part of the assessment
in section 3(c) of this Schedule, the technical documentation as described in
section 3(b)(iii) above for at least one representative sample for each generic
device group for compliance with the provisions of these regulations.
(d) In choosing any representative sample the notified body shall take into account
the novelty of the technology, similarities in design, technology, manufacturing
and sterilisation methods, the intended use and the results of any previous
relevant assessments (e.g. with regard to physical, chemical or biological
properties) that have been carried out in accordance with these regulations. The
notified body shall document and keep available to the Regulatory Affairs
Directorate its rationale for any sample taken.
(e) Further samples shall be assessed by the notified body as part of the surveillance
assessment referred to in section 5 of this Schedule.
(8)
Application to the devices referred to in regulation 4(3)(b) of these regulations
Upon completing the manufacture of each batch of devices referred to in regulation
4(3)(b) of these regulations, the manufacturer shall inform the notified body of the
release of the batch of devices and send to it the official certificate concerning the
release of the batch of human blood derivative used in the device, issued by a State
laboratory or a laboratory designated for that purpose by a Member State in
accordance with article 104A, sub-article (4) of the Medicines Act.
Schedule III
Based on Annex III of Directive 93/42/EEC
EC TYPE-EXAMINATION
(1)
EC type-examination is the procedure whereby a notified body ascertains and
certifies that a representative sample of the production covered fulfils the relevant
provisions of these regulations.
(2)
The application includes
(a) the name and address of the manufacturer and the name and address of the
authorised representative if the application is lodged by the representative,
(b) the documentation described in Section 3 below needed to assess the conformity
of the representative sample of the production in question, hereinafter referred to
as the ‘type’, with the requirements of these regulations. The applicant must
make a ‘type’ available to the notified body. The notified body may request
other samples as necessary,
(c) a written declaration that no application has been lodged with any other notified
body for the same type.
(3)
The documentation must allow an understanding of the design, the manufacture and
the performances of the product and must contain the following items in particular
(a) a general description of the type, including any variants planned, and any
intended use,
(b) design drawings, methods of manufacture envisaged, in particular as regards
sterilisation, and diagrams of components, sub-assemblies, circuits, etc.,
(c) the descriptions and explanations necessary to understand the abovementioned
drawings and diagrams and the operation of the product,
(d) a list of the standards referred to in regulation 5(6) of these regulations, applied
in full or in part, and descriptions of the solutions adopted to meet the essential
requirements if the standards referred to regulation 5(6) of these regulations have
not been applied in full,
(e) the results of the design calculations, risk analysis, investigations, technical tests,
etc. carried out,
(f) a statement indicating whether or not the device incorporates, as an integral part,
a substance, or human blood derivative, referred to in section 7(d) of Schedule I
to these regulations, and the data on the tests conducted in this connection which
are required to assess the safety, quality and usefulness of that substance, or
human blood derivative, taking account of the intended purpose of the device,
(g) a statement indicating whether or not the device is manufactured utilising tissues
of animal origin as referred to in the definition for a “medical device
manufactured utilising tissues of animal origin” in article 3 of these regulations,
(h) the solutions adopted as referred to in section 2 of Schedule I to these
regulations,
(i) the pre-clinical evaluation,
(j) the clinical evaluation referred to in Schedule X to these regulations,
(k) the draft label and, where appropriate, instructions for use.
(4)
The notified body must
(a) examine and assess the documentation and verify that the type has been
manufactured in conformity with that documentation; it must also record the
items designed in conformity with the applicable provisions of the standards
referred to in regulation 5(6) of these regulations, as well as the items not
designed on the basis of the relevant provisions of the abovementioned
standards;
(b) carry out or arrange for the appropriate inspections and the tests necessary to
verify whether the solutions adopted by the manufacturer meet the essential
requirements of these regulations if the standards referred to in regulation 5(6) of
these regulations have not been applied; if the device is to be connected to any
other device in order to operate as intended, proof must be provided that it
conforms to the essential requirements when connected to any such device
having the characteristics specified by the manufacturer;
(c) carry out or arrange for the appropriate inspections and the tests necessary to
verify whether, if the manufacturer has chosen to apply the relevant standards,
these have actually been applied;
(d) agree with the applicant on the place where the necessary inspections and tests
will be carried out.
(5)
(a) If the type conforms to the provisions of these regulations, the notified body
issues the applicant with an EC type-examination certificate. The certificate
must contain the name and address of the manufacturer, the conclusions of the
inspection, the conditions of validity and the data needed for identification of the
type approved. The relevant parts of the documentation must be annexed to the
certificate and a copy kept by the notified body.
(b) In the case of devices referred to in section 7(d)(i) of Schedule I to these
regulations, the notified body shall, as regards the aspects referred to in that
section, consult one of the authorities designated by the Member States in
accordance with Directive 2001/83/EC or the EMEA before taking a decision.
The opinion of the competent national authority or the EMEA must be drawn up
within 210 days after receipt of a valid documentation. The scientific opinion of
the competent national authority or the EMEA must be included in the
documentation concerning the device. The notified body will give due
consideration to the views expressed in this consultation when making its
decision. It will convey its final decision to the competent body concerned.
(c) In the case of devices referred to in section 7(d)(ii) of Schedule I to these
regulations, the scientific opinion of the EMEA must be included in the
documentation concerning the device. The opinion of the EMEA must be drawn
up within 210 days after receipt of a valid documentation. The notified body will
give due consideration to the opinion of the EMEA when making its decision.
The notified body may not deliver the certificate if the EMEA's scientific
opinion is unfavourable. It will convey its final decision to the EMEA.
(d) In the case of devices manufactured utilising tissues of animal origin as referred
to in the definition of a “medical device manufactured utilising tissues of animal
origin” in article 3 of these regulations, the notified body must follow the
applicable procedures referred to in these regulations.
(6)
(a) The applicant must inform the notified body which issued the EC type-
examination certificate of any significant change made to the approved product.
(b) Changes to the approved product must receive further approval from the notified
body which issued the EC type-examination certificate wherever the changes
may affect conformity with the essential requirements or with the conditions
prescribed for use of the product. This new approval must, where appropriate,
take the form of a supplement to the initial EC type-examination certificate.
(7)
Administrative provisions
(a) Other notified bodies may obtain a copy of the EC type-examination certificates
and, or the supplements thereto. The Annexes to the certificates must be made
available to other notified bodies on reasoned application, after the manufacturer
has been informed.
(b) The manufacturer or his authorised representative must keep with the technical
documentation copies of EC type-examination certificates and their additions for
a period ending at least five years after the last device has been manufactured. In
the case of implantable devices, the period shall be at least 15 years after the last
product has been manufactured.
Schedule IV
Based on Annex IV of Directive 93/42/EEC
EC VERIFICATION
(1)
EC verification is the procedure whereby the manufacturer or his authorised
representative ensures and declares that the products which have been subject to the
procedure set out in section 4 of this Schedule conform to the type described in the
EC type-examination certificate and meet the requirements of these regulations
which apply to them.
(2)
(a) The manufacturer must take all the measures necessary to ensure that the
manufacturing process produces products which conform to the type described
in the EC type-examination certificate and to the requirements of the regulations
which apply to them. Before the start of manufacture, the manufacturer must
prepare documents defining the manufacturing process, in particular as regards
sterilisation where necessary, together with all the routine, pre-established
provisions to be implemented to ensure homogeneous production and, where
appropriate, conformity of the products with the type described in the EC type-
examination certificate and with the requirements of these regulations which
apply to them. The manufacturer must affix the CE marking in accordance with
regulations 5(3) to (5) of these regulations and draw up a declaration of
conformity.
(b) In addition, for products placed on the market in sterile condition, and only for
those aspects of the manufacturing process designed to secure and maintain
sterility, the manufacturer must apply the provisions of sections 3 and 4 of
Schedule V to these regulations.
(3)
The manufacturer must undertake to institute and keep up to date a systematic
procedure to review experience gained from devices in the post-production phase,
including the provisions referred to in Schedule X to these regulations, and to
implement appropriate means to apply any necessary corrective action. This
undertaking must include an obligation for the manufacturer to notify the competent
authorities of the following incidents immediately on learning of them
(a) any malfunction or deterioration in the characteristics and, or performance of a
device, as well as any inadequacy in the labelling or the instructions for use
which might lead to or might have led to the death of a patient or user or to a
serious deterioration in his state of health;
(b) any technical or medical reason connected with the characteristics or
performance of a device for the reasons referred to in section 3(a) above leading
to systematic recall of devices of the same type by the manufacturer.
(4)
The notified body must carry out the appropriate examinations and tests in order to
verify the conformity of the product with the requirements of the regulations either
by examining and testing every product as specified in section 5 of this Schedule or
by examining and testing products on a statistical basis as specified in section 6 of
this Schedule, as the manufacturer decides. These checks do not apply to those
aspects of the manufacturing process designed to secure sterility.
(5)
Verification by examination and testing of every product
(a) Every product is examined individually and the appropriate tests defined in any
relevant standard referred to in regulation 5(6) of these regulations or equivalent
tests must be carried out in order to verify, where appropriate, the conformity of
the products with the EC type described in the type-examination certificate and
with the requirements of the regulations which apply to them.
(b) The notified body must affix, or have affixed its identification number to each
approved product and must draw up a written certificate of conformity relating
to the tests carried out.
(6)
Statistical verification
(a) The manufacturer must present the manufactured products in the form of
homogeneous batches.
(b) A random sample is taken from each batch. The products which make up the
sample are examined individually and the appropriate tests defined in any
relevant standard referred to in regulation 5(6) of these regulations or equivalent
tests must be carried out to verify, where appropriate, the conformity of the
products with the type described in the EC type-examination certificate and with
the requirements of the regulation which apply to them in order to determine
whether to accept or reject the batch.
(c) Statistical control of products will be based on attributes and, or variables,
entailing sampling schemes with operational characteristics which ensure a high
level of safety and performance according to the state of the art. The sampling
schemes will be established by the harmonised standards referred to in
regulation 5(6) of these regulations, taking account of the specific nature of the
product categories in question.
(d) If the batch is accepted, the notified body affixes or has affixed its identification
number to each product and draws up a written certificate of conformity relating
to the tests carried out. All products in the batch may be put on the market
except any in the sample which failed to conform.
(i)
If a batch is rejected, the competent notified body must take
appropriate measures to prevent the batch from being placed on the
market. In the event of frequent rejection of batches, the notified body
may suspend the statistical verification.
(ii)
The manufacturer may, on the responsibility of the notified body, affix
the notified body's identification number during the manufacturing
process.
(7)
Administrative provisions
(a) The manufacturer or his authorised representative must, for a period ending at
least five years, and in the case of implantable devices at least 15 years, after the
last product has been manufactured, make available to the national authorities
(i)
the declaration of conformity,
(ii)
the documentation referred to in section 2 of this Schedule,
(iii)
the certificates referred to in section 5(b) and 6(d) of this Schedule,
(iv)
where appropriate, the type-examination certificate referred to in
Schedule III to these regulations.
(8)
Application to devices in Class IIa
In line with regulation 6(2) of these regulations, this Schedule may apply to products
in Class IIa, subject to the following
(a) in derogation from sections 1 and 2 of this Schedule, by virtue of the declaration
of conformity the manufacturer ensures and declares that the products in Class
IIa are manufactured in conformity with the technical documentation referred to
in section 3 of Schedule VII to these regulations and meet the requirements of
these regulations which apply to them;
(b) in derogation from sections 1, 2, 5 and 6 of this Schedule, the verifications
conducted by the notified body are intended to confirm the conformity of the
products in Class IIa with the technical documentation referred to in section 3 of
Schedule VII to these regulations.
(9)
Application to devices referred to in regulation 4(3)(b) of these regulations
In the case of section 5 of this Schedule, upon completing the manufacture of each
batch of devices referred to in the proviso to regulation 4(3)(b) of these regulations,
and in the case of verification under section 6 of this Schedule, the manufacturer shall
inform the notified body of the release of this batch of devices and send to it the
official certificate concerning the release of the batch of human blood derivative used
in the device issued by a State laboratory or a laboratory designated for that purpose
by a Member State in accordance with article 104A, sub-article (4) of the Medicines
Act.
Schedule V
Based on Annex V of Directive 93/42/EEC
EC DECLARATION OF CONFORMITY (Production quality assurance)
(1)
The manufacturer must ensure application of the quality system approved for the
manufacture of the products concerned and carry out the final inspection, as specified
in section 3 of this Schedule, and is subject to the Maltese or Community
surveillance referred to in section 4 below.
(2)
(a) The EC declaration of conformity is the part of the procedure whereby the
manufacturer who fulfils the obligations imposed by section 1 of this Schedule
ensures and declares that the products concerned conform to the type described
in the EC type-examination certificate and meet the provisions of these
regulations which apply to them.
(b) The manufacturer must affix the CE marking in accordance with regulations 5(3)
to (5) of these regulations and draw up a written declaration of conformity. This
declaration must cover one or more medical devices manufactured, clearly
identified by means of product name, product code or other unambiguous
reference, and must be kept by the manufacturer.
(3)
Quality system
(a) The manufacturer must lodge an application for assessment of his quality system
with a notified body.
The application must include
(i)
the name and address of the manufacturer,
(ii)
all the relevant information on the product or product category covered
by the procedure,
(iii)
a written declaration that no application has been lodged with any other
notified body for the same products,
(iv)
the documentation on the quality system,
(v)
an undertaking to fulfil the obligations imposed by the quality system is
approved,
(vi)
an undertaking to maintain the practicability and effectiveness of the
approved quality system,
(vii)
where appropriate, the technical documentation on the types approved
and a copy of the EC type-examination certificates,
(viii)
an undertaking by the manufacturer to institute and keep up to date a
systematic procedure to review experience gained from devices in the
post-production phase, including the provisions referred to in Schedule X
to these regulations, and to implement appropriate means to apply any
necessary corrective action. This undertaking must include an obligation
for the manufacturer to notify the Regulatory Affairs Directorate of the
following incidents immediately on learning of them
(1)
any malfunction or deterioration in the characteristics and, or
performance of a device, as well as any inadequacy in the labelling
or the instructions for use which might lead to or might have led to
the death of a patient or user or to a serious deterioration in his state
of health;
(2)
any technical or medical reason connected with the characteristics
or performance of a device for the reasons referred to in the first
indent above leading to a systematic recall of devices of the same
type by the manufacturer.
(b) Application of the quality system must ensure that the products conform to the
type described in the EC type-examination certificate.
All the elements, requirements and provisions adopted by the manufacturer for
his quality system must be documented in a systematic and orderly manner in
the form of written policy statements and procedures. This quality system
documentation must permit uniform interpretation of the quality policy and
procedures such as quality programmes, plans, manuals and records.
It must include in particular an adequate description of
(i)
the manufacturer’s quality objectives;
(ii)
the organisation of the business and in particular
(1)
the organisational structures, the responsibilities of the managerial
staff and their organisational authority where manufacture of the
products is concerned,
(2)
the methods of monitoring the efficient operation of the quality
system and in particular its ability to achieve the desired quality of
product, including control of products which fail to conform,
(3)
where the manufacture and, or final inspection and testing of the
products, or elements thereof, are carried out by a third party, the
methods of monitoring the efficient operation of the quality system
and in particular the type and extent of control applied to the third
party;
(iii)
the inspection and quality assurance techniques at the manufacturing
stage and in particular
(1)
the processes and procedures which will be used, particularly as
regards sterilisation, purchasing and the relevant documents,
(2)
the product identification procedures drawn up and kept up to date
from drawings, specifications or other relevant documents at every
stage of manufacture;
(iv)
the appropriate tests and trials to be carried out before, during and after
manufacture, the frequency with which they will take place, and the test
equipment used; it must be possible adequately to trace back the
calibration of the test equipment.
(c) The notified body must audit the quality system to determine whether it meets
the requirements referred to in section 3(b) above. It must presume that quality
systems which implement the relevant harmonized standards conform to these
requirements.
The assessment team must include at least one member with past experience of
assessments of the technology concerned. The assessment procedure must
include an inspection on the manufacturer's premises and, in duly substantiated
cases, on the premises of the manufacturer's suppliers to inspect the
manufacturing processes.
The decision must be notified to the manufacturer after the final inspection and
contain the conclusions of the inspection and a reasoned assessment.
(d) The manufacturer must inform the notified body which approved the quality
system of any plan for substantial changes to the quality system.
The notified body must assess the changes proposed and verify whether after
these changes the quality system still meets the requirements referred to in
section 3(b) of this Schedule.
After the abovementioned information has been received the decision is notified
to the manufacturer. It must contain the conclusions of the inspection and a
reasoned assessment.
(4)
Surveillance
(a) The aim of surveillance is to ensure that the manufacturer duly fulfils the
obligations imposed by the approved quality system.
(b) The manufacturer authorises the notified body to carry out all the necessary
inspections and must supply it with all relevant information, in particular
(i)
the documentation on the quality system,
(ii)
the technical documentation,
(iii) the data stipulated in the part of the quality system relating to manufacture,
such as inspection reports and test data, calibration data, qualification
reports of the personnel concerned, etc.
(c) The notified body must periodically carry out appropriate inspections and
assessments to make sure that the manufacturer applies the approved quality
system and supply the manufacturer with an assessment report.
(d) In addition, the notified body may pay unannounced visits to the manufacturer.
At the time of such visits, the notified body may, where necessary, carry out or
ask for tests in order to check that the quality system is working properly. It must
provide the manufacturer with an inspection report and, if a test has been carried
out, with a test report.
(5)
Administrative provisions
(a) The manufacturer or his authorised representative must, for a period ending at
least five years, and in the case of implantable devices at least 15 years, after the
last product has been manufactured, make available to the Market Surveillance
Directorate and the Regulatory Affairs Directorate
(i)
the declaration of conformity,
(ii)
the documentation referred to in section 3(a)(iv) of this Schedule,
(iii)
the changes referred to in section 3(d) of this Schedule,
(iv)
the documentation referred to in section 3(a)(vii) of this Schedule,
(v)
the decisions and reports from the notified body as referred to in sections
4(c) and 4(d) of this Schedule,
(vi)
where appropriate, the type-examination certificate referred to in
Schedule III to these regulations.
(6)
Application to devices in Class IIa
In line with regulation 6(2) of these regulations, this Schedule may apply to products
in Class IIa, subject to the following
(a) By way of derogation from sections 2, 3(a) and 3(b) of this Schedule, by virtue
of the declaration of conformity the manufacturer ensures and declares that the
products in Class IIa are manufactured in conformity with the technical
documentation referred to in section 3 of Schedule VII to these regulations and
meet the requirements of these regulations which apply to them.
(b) For devices in Class IIa the notified body shall assess, as part of the assessment
in section 3(c) above, the technical documentation as described in section 3 of
Schedule VII to these regulations for at least one representative sample for each
device subcategory for compliance with the provisions of these regulations.
(c) In choosing any representative sample the notified body shall take into account
the novelty of the technology, similarities in design, technology, manufacturing
and sterilisation methods, the intended use and the results of any previous
relevant assessments (e.g. with regard to physical, chemical or biological
properties) that have been carried out in accordance with these regulations. The
notified body shall document and keep available to the Regulatory Affairs
Directorate its rationale for any sample taken.
(d) Further samples shall be assessed by the notified body as part of the surveillance
assessment referred to in section 4(c) of this Schedule.
(7)
Application to devices referred to regulation 4(3)(b) of these regulations
Upon completing the manufacture of each batch of devices referred to in regulation
4(3)(b) of these regulations, the manufacturer shall inform the notified body of the
release of the batch of devices and send to it the official certificate concerning the
release of the batch of human blood derivative used in the device issued by a State
laboratory or a laboratory designated for that purpose by a Member State in
accordance with article 104A, sub-article (4) of the Medicines Act.
Schedule VI
Based on Annex VI of Directive 93/42/EEC
EC DECLARATION OF CONFORMITY (Product quality assurance)
(1)
The manufacturer must ensure application of the quality system approved for the
final inspection and testing of the product, as specified in section 3 and must be
subject to the surveillance referred to in section 4 of this Schedule.
In addition, for products placed on the market in sterile condition, and only for those
aspects of the manufacturing process designed to secure and maintain sterility, the
manufacturer must apply the provisions in sections 3 and 4 of Schedule V to these
regulations.
(2)
The EC declaration of conformity is the part of the procedure whereby the
manufacturer who fulfils the obligations imposed by section 1 above ensures and
declares that the products concerned conform to the type described in the EC type-
examination certificate and meet the provisions of these regulations which apply to
them.
The manufacturer affixes the CE marking in accordance with regulations 5(3) to (5)
of these regulations and draws up a written declaration of conformity. This
declaration must cover one or more medical devices manufactured, clearly identified
by means of product name, product code or other unambiguous reference, and be
kept by the manufacturer. The CE marking must be accompanied by the
identification number of the notified body which performs the tasks referred to in this
Schedule.
(3)
Quality System
(a) The manufacturer lodges an application for assessment of his quality system
with a notified body.
The application must include
(i)
the name and address of the manufacturer,
(ii)
all the relevant information on the product or product category covered
by the procedure,
(iii)
a written declaration that no application has been lodged with any other
notified body for the same products,
(iv)
the documentation on the quality system,
(v)
an undertaking to fulfil the obligations imposed by the quality system is
approved,
(vi)
an undertaking by the manufacturer to keep the approved quality system
adequate and efficacious,
(vii)
where appropriate, the technical documentation on the types approved
and a copy of the EC type-examination certificates,
(viii)
an undertaking by the manufacturer to institute and keep up to date a
systematic procedure to review experience gained from devices in the
post-production phase, including the provisions referred to in Schedule X
to these regulations, and to implement appropriate means to apply any
necessary corrective action. This undertaking must include an obligation
for the manufacturer to notify the Regulatory Affairs Directorate of the
following incidents immediately on learning of them
(1)
any malfunction or deterioration in the characteristics and, or
performance of a device, as well as any inadequacy in the labelling
or the instructions for use which might lead to or might have led to
the death of a patient or user or to a serious deterioration in his state
of health;
(2)
any technical or medical reason connected with the characteristics
or performance of a device for the reasons referred to in the first
indent above leading to a systematic recall of devices of the same
type by the manufacturer.
(b) Under the quality system, each product or a representative sample of each batch
is examined and the appropriate tests defined in any relevant standard referred to
in regulation 5(6) of these regulations or equivalent tests are carried out to
ensure that the products conform to the type described in the EC type-
examination certificate and fulfil the provisions of these regulations which apply
to them. All the elements, requirements and provisions adopted by the
manufacturer must be documented in a systematic and orderly manner in the
form of written measures, procedures and instructions. This quality system
documentation must permit uniform interpretation of the quality programmes,
quality plans, quality manuals and quality records.
It must include in particular an adequate description of
(i)
the quality objectives and the organisational structure, responsibilities and
powers of the managerial staff with regard to product quality,
(ii)
the examinations and tests that will be carried out after manufacture; it
must be possible to trace back the calibration of the test equipment
adequately,
(iii)
the methods of monitoring the efficient operation of the quality system,
(iv)
the quality records, such as reports concerning inspections, tests,
calibration and the qualifications of the staff concerned, etc.
(v)
where the final inspection and testing of the products, or elements thereof,
are carried out by a third party, the methods of monitoring the efficient
operation of the quality system and in particular the type and extent of
control applied to the third party;
The aforementioned checks do not apply to those aspects of the manufacturing
process designed to secure sterility.
(c) The notified body audits the quality system to determine whether it meets the
requirements referred to in section 3(b) above. It must presume that quality
systems which implement the relevant harmonised standards conform to these
requirements.
The assessment team must include at least one member with past experience of
assessments of the technology concerned. The assessment procedure must
include an inspection on the manufacturer's premises and, in duly substantiated
cases, on the premises of the manufacturer's suppliers to inspect the
manufacturing processes.
The decision must be notified to the manufacturer. It must contain the
conclusions of the inspection and a reasoned assessment.
(d) The manufacturer must inform the notified body which approved the quality
system of any plan for substantial changes to the quality system.
The notified body must assess the changes proposed and verify whether after
these changes the quality system will still meet the requirements referred to in
section 3(b) of this Schedule.
After receiving the abovementioned information it must notify the manufacturer
of its decision. This decision must contain the conclusions of the inspection and
a reasoned assessment.
(4)
Surveillance
(a) The aim of surveillance is to ensure that the manufacturer duly fulfils the
obligations imposed by the approved quality system.
(b) The manufacturer must allow the notified body access for inspection purposes to
the inspection, testing and storage locations and supply it with all relevant
information, in particular
(i) the documentation on the quality system,
(ii) the technical documentation,
(iii) the quality records, such as inspection reports, test data, calibration data,
qualification reports of the staff concerned, etc.
(c) The notified body must periodically carry out appropriate inspections and
assessments to make sure that the manufacturer applies the approved quality
system and must supply the manufacturer with an assessment report.
(d) In addition, the notified body may pay unannounced visits to the manufacturer.
At the time of such visits, the notified body may, where necessary, carry out or
ask for tests in order to check that the quality system is working properly and
that the production conforms to the requirements of these regulations which
apply to it. To this end, an adequate sample of the final products, taken on site
by the notified body, must be examined and the appropriate tests defined in any
relevant standard referred to in regulation 5(6) of these regulations or equivalent
tests must be carried out. Where one or more of the samples fails to conform, the
notified body must take the appropriate measures.
It must provide the manufacturer with an inspection report and, if a test has been
carried out, with a test report.
(5)
Administrative provisions
(a) The manufacturer or his authorised representative must, for a period ending at
least five years, and in the case of implantable devices at least 15 years, after the
last product has been manufactured, make available to the Market Surveillance
Directorate and the Regulatory Affairs Directorate
(i)
the declaration of conformity,
(ii)
the documentation referred to in section 3(a)(vii) of this Schedule,
(iii)
the changes referred to in section 3(d) of this Schedule,
(iv)
the decisions and reports from the notified body as referred to in sections
3(d), 4(c) and 4(d) of this Schedule,
(v)
where appropriate, the certificate of conformity referred to in Schedule
III to these regulations.
(6)
Application to devices in Class IIa
In line with regulation 6(2) of these regulations, this Schedule may apply to products
in Class IIa, subject to the following
(a) By way of derogation from sections 2, 3(a) and 3(b) of this Schedule, by virtue
of the declaration of conformity the manufacturer ensures and declares that the
products in Class IIa are manufactured in conformity with the technical
documentation referred to in section 3 of Schedule VII to these regulations and
meet the requirements of these regulations which apply to them.
(b) For devices in Class IIa the notified body shall assess, as part of the assessment
in section 3(c) above, the technical documentation as described in section 3 of
Schedule VII to these regulations for at least one representative sample for each
device subcategory for compliance with the provisions of these regulations.
(c) In choosing any representative sample the notified body shall take into account
the novelty of the technology, similarities in design, technology, manufacturing
and sterilisation methods, the intended use and the results of any previous
relevant assessments (e.g. with regard to physical, chemical or biological
properties) that have been carried out in accordance with these regulations. The
notified body shall document and keep available to the Regulatory Affairs
Directorate its rationale for any sample taken.
(d) Further samples shall be assessed by the notified body as part of the surveillance
assessment referred to in section 4(c) of this Schedule.
Schedule VII
Based on Annex VII of Directive 93/42/EEC
EC DECLARATION OF CONFORMITY
(1)
The EC declaration of conformity is the procedure whereby the manufacturer or his
authorised representative who fulfils the obligations imposed by section 2 below and,
in the case of products placed on the market in a sterile condition and devices with a
measuring function, the obligations imposed by section 5 below ensures and declares
that the products concerned meet the provisions of these regulations which apply to
them.
(2)
The manufacturer must prepare the technical documentation described in section 3
below. The manufacturer or his authorised representative must make this
documentation, including the declaration of conformity, available to the Market
Surveillance Directorate for inspection purposes for a period ending at least five
years after the last product has been manufactured. In the case of implantable devices
the period shall be at least 15 years after the last product has been manufactured.
(3)
The technical documentation must allow assessment of the conformity of the product
with the requirements of these regulations. It must include in particular
(a) a general description of the product, including any variants planned and its
intended use,
(b) design drawings, methods of manufacture envisaged and diagrams of
components, sub-assemblies, circuits, etc.,
(c) the descriptions and explanations necessary to understand the abovementioned
drawings and diagrams and the operations of the product,
(d) the results of the risk analysis and a list of the standards referred to in regulation
5(6) of these regulations, applied in full or in part, and descriptions of the
solutions adopted to meet the essential requirements of the regulations if the
standards referred to in regulation 5(6) of these regulations have not been
applied in full,
(e) in the case of products placed on the market in a sterile condition, description of
the methods used and the validation report,
(f) the results of the design calculations and of the inspections carried out, etc.; if
the device is to be connected to any other device in order to operate as intended,
proof must be provided that it conforms to the essential requirements when
connected to any such device having the characteristics specified by the
manufacturer,
(g) the solutions adopted as referred to in section 2 of Schedule I to these
regulations,
(h) the pre-clinical evaluation,
(i) the clinical evaluation in accordance with Schedule X to these regulations,
(j) the label and instructions for use.
(4)
The manufacturer shall institute and keep up to date a systematic procedure to review
experience gained from devices in the post-production phase, including the
provisions referred to in Schedule X to these regulations, and to implement
appropriate means to apply any necessary corrective actions, taking account of the
nature and risks in relation to the product. He shall notify the Regulatory Affairs
Directorate of the following incidents immediately on learning of them
(a) any malfunction or deterioration in the characteristics and, or performance of a
device, as well as any inadequacy in the labelling or the instructions for use
which might lead to or might have led to the death of a patient or user or to a
serious deterioration in his state of health;
(b) any technical or medical reason connected with the characteristics on the
performance of a device for the reasons referred to in sub-regulation (a) hereof
leading to systematic recall of devices of the same type by the manufacturer.
(5)
With products placed on the market in sterile condition and Class I devices with a
measuring function, the manufacturer must observe not only the provisions laid down
in this Schedule but also one of the procedures referred to in Schedule II, IV, V or VI
to these regulations. Application of the abovementioned Schedules and the
intervention by the notified body is limited to
(a) in the case of products placed on the market in sterile condition, only the aspects
of manufacture concerned with securing and maintaining sterile conditions,
(b) in the case of devices with a measuring function, only the aspects of manufacture
concerned with the conformity of the products with the metrological
requirements.
Section 6(a) of this Schedule is applicable.
(6)
Application to devices in Class IIa
In line with regulation 6(2) of these regulations, this Schedule may apply to products
in Class IIa, subject to the following derogation
(a) where this Schedule is applied in conjunction with the procedure referred to in
Schedules IV, V or VI, the declaration of conformity referred to in the
abovementioned Schedules forms a single declaration. As regards the declaration
based on this Schedule, the manufacturer must ensure and declare that the
product design meets the provisions of these regulations which apply to it.
Schedule VIII
Based on Annex VIII of Directive 93/42/EEC
STATEMENT CONCERNING DEVICES FOR SPECIAL PURPOSES
(1)
For custom-made devices or for devices intended for clinical investigations the
manufacturer or his authorised representative must draw up the statement containing
the information stipulated in section 2 below.
(2)
The statement must contain the following information
(a) for custom-made devices
(i)
the name and address of the manufacturer,
(ii)
data allowing the identification of the device in question,
(iii)
a statement that the device is intended for exclusive use by a particular
patient, together with the name of the patient,
(iv)
the name of the medical practitioner or other authorised person who
made out the prescription and, where applicable, the name of the clinic
concerned,
(v)
the specific characteristics of the product as indicated by the prescription,
(vi)
a statement that the device in question conforms to the essential
requirements set out in Schedule I to these regulations and, where
applicable, indicating which essential requirements have not been fully
met, together with the grounds;
(b) for devices intended for the clinical investigations covered by Schedule X to
these regulations
(i)
data allowing identification of the device in question,
(ii)
the clinical investigation plan,
(iii)
the investigator’s brochure,
(iv)
the confirmation of insurance of subjects,
(v)
the documents used to obtain informed consent,
(vi)
a statement indicating whether or not the device incorporates, as an
integral part, a substance or human blood derivative referred to in section
7(d) of Schedule I to these regulations,
(vii)
a statement indicating whether or not the device is manufactured utilising
tissues of animal origin as referred to in the definition of “medical device
manufactured utilising tissues of animal origin” in article 3 of these
regulations,
(viii) the opinion of the Ethics Committee concerned and details of the aspects
covered by its opinion,
(ix)
the name of the medical practitioner or other authorised person and of the
institution responsible for the investigations,
(x)
the place, starting date and scheduled duration for the investigations,
(xi)
a statement that the device in question conforms to the essential
requirements apart from the aspects covered by the investigations and
that, with regard to these aspects, every precaution has been taken to
protect the health and safety of the patient.
(3)
The manufacturer must also undertake to keep available for the Regulatory Affairs
Directorate and the Market Surveillance Directorate
(a) for custom-made devices, documentation, indicating manufacturing sites and
allowing an understanding of the design, manufacture and performances of the
product, including the expected performances, so as to allow assessment of
conformity with the requirements of these regulations.
(b) for devices intended for clinical investigations, the documentation must contain
(i)
a general description of the product and its intended use,
(ii)
design drawings, methods of manufacture envisaged, in particular as
regards sterilisation, and diagrams of components, sub-assemblies,
circuits, etc.,
(iii)
the descriptions and explanations necessary to understand the
abovementioned drawings and diagrams and the operation of the product,
(iv)
the results of the risk analysis and a list of the standards referred to in
regulation 5(6) of these regulations, applied in full or in part, and
descriptions of the solutions adopted to meet the essential requirements
of these regulations if the standards referred to in regulation 5(6) of these
regulations have not been applied,
(v)
if the device incorporates, as an integral part, a substance or human blood
derivative referred to in section 7(d) of Schedule I to these regulations,
the data on the tests conducted in this connection which are required to
assess the safety, quality and usefulness of that substance or human blood
derivative, taking account of the intended purpose of the device,
(vi)
if the device is manufactured utilising tissues of animal origin as referred
to in the definition of “medical device manufactured utilising tissues of
animal origin” in article 3 of these regulations, the risk management
measures in this connection which have been applied to reduce the risk of
infection,
(vii)
the results of the design calculations, and of the inspections and technical
tests carried out, etc.
The manufacturer must take all the measures necessary to ensure that the
manufacturing process produces products which are manufactured in accordance
with the documentation referred to in the first paragraph of this section.
The manufacturer must authorise the assessment, or audit where necessary, of
the effectiveness of these measures.
(4)
The information contained in the declarations concerned by this Schedule shall be
kept for a period of time of at least five years. In the case of implantable devices the
period shall be at least 15 years.
(5)
For custom-made devices, the manufacturer must undertake to review and document
experience gained in the post-production phase, including the provisions referred to
in Schedule X to these regulations, and to implement appropriate means to apply any
necessary corrective action. This undertaking must include an obligation for the
manufacturer to notify the Regulatory Affairs Directorate of the following incidents
immediately on learning of them and the relevant corrective actions
(a) any malfunction or deterioration in the characteristics and, or performance of a
device, as well as any inadequacy in the labelling or the instructions for use
which might lead to or might have led to the death of a patient or user or to a
serious deterioration in his state of health;
(b) any technical or medical reason connected with the characteristics or
performance of a device for the reasons referred to in section 5(a) above leading
to systematic recall of devices of the same type by the manufacturer.
Schedule IX
Based on Annex IX of Directive 93/42/EEC
CLASSIFICATION CRITERIA
(1)
Definitions for the classification rules
(a) Duration
(i)
Transient – Normally intended for continuous use for less than 60
minutes.
(ii)
Short term – Normally intended for continuous use for not more than 30
days.
(iii) Long term – Normally intended for continuous use for more than 30 days.
(b) Invasive devices
(i)
Invasive device – A device which, in whole or in part, penetrates inside
the body, either through a body orifice or through the surface of the body.
(ii)
Body orifice – Any natural opening in the body, as well as the external
surface of the eyeball, or any permanent artificial opening, such as a
stoma.
(iii)
Surgically invasive device – An invasive device which penetrates inside
the body through the surface of the body, with the aid or in the context of
a surgical operation.
For the purposes of these regulations devices other than those referred to
in the previous sub-regulation and which product penetration other than
through an established body orifice, shall be treated as surgically
invasive devices.
(iv)
Implantable device – Any device which is intended
(d)
to be totally introduced into the human body or,
(e)
to replace an epithelial surface or the surface of the eye,
by surgical intervention which is intended to remain in place after the
procedure.
Any device intended to be partially introduced into the human body
through surgical intervention and intended to remain in place after the
procedure for at least 30 days is also considered an implantable device.
(c) Reusable surgical instrument
Instrument intended for surgical use by cutting, drilling, sawing, scratching,
scraping, clamping, retracting, clipping or similar procedures, without
connection to any active medical device and which can be reused after
appropriate procedures have been carried out.
(d) Active medical device
Any medical device operation of which depends on a source of electrical energy
or any source of power other than that directly generated by the human body or
gravity and which acts by converting this energy. Medical devices intended to
transmit energy, substances or other elements between an active medical device
and the patient, without any significant change, are not considered to be active
medical devices.
Stand alone software is considered to be an active medical device.
(e) Active therapeutical device
Any active medical device, whether used alone or in combination with other
medical devices, to support, modify, replace or restore biological functions or
structures with a view to treatment or alleviation of an illness, injury or
handicap.
(f) Active device for diagnosis
Any active medical device, whether used alone or in combination with other
medical devices, to supply information for detecting, diagnosing, monitoring or
treating physiological conditions, states of health, illnesses or congenital
deformities.
(g) Central circulatory system
For the purposes of these regulations, ‘central circulatory system’ means the
following vessels
arteriae pulmonales, aorta ascendens, arcus aorta, aorta descendens to the
bifurcatio aortae, arteriae coronariae, arteria carotis communis, arteria carotis
externa, arteria carotis interna, arteriae cerebrales, truncus brachiocephalicus,
venae cordis, venae pulmonales, vena cava superior, vena cava inferior .
(h) Central nervous system
For the purposes of these regulations, ‘central nervous system’ means brain,
meninges and spinal cord.
(2)
Implementing rules
(a) Application of the classification rules shall be governed by the intended purpose
of the devices.
(b) If the device is intended to be used in combination with another device, the
classification rules shall apply separately to each of the devices. Accessories are
classified in their own right separately from the device with which they are used.
(c) Software, which drives a device or influences the use of a device, falls
automatically in the same class.
(d) If the device is not intended to be used solely or principally in a specific part of
the body, it must be considered and classified on the basis of the most critical
specified use.
(e) If several rules apply to the same device, based on the performance specified for
the device by the manufacturer, the strictest rules resulting in the higher
classification shall apply.
(f) In calculating the duration referred to in section 1(a) of this Schedule,
continuous use means an uninterrupted actual use of the device for the intended
purpose. However where usage of a device is discontinued in order for the
device to be replaced immediately by the same or an identical device this shall
be considered an extension of the continuous use of the device.
(3)
Classification rules for non-invasive devices
(a) Rule 1
All non-invasive devices are in Class I, unless one of the rules set out hereinafter
applies.
(b) Rule 2
All non-invasive devices intended for channelling or storing blood, body liquids
or tissues, liquids or gases for the purpose of eventual infusion, administration or
introduction into the body are in Class IIa
(i)
if they may be connected to an active medical device in Class IIa or a
higher class,
(ii)
if they are intended for use for storing or channelling blood or other
body liquids or for storing organs, parts of organs or body tissues,
in all other cases they are in Class I.
(c) Rule 3
All non-invasive devices intended for modifying the biological or chemical
composition of blood, other body liquids or other liquids intended for infusion
into the body are in Class IIb, unless the treatment consists of filtration,
centrifugation or exchanges of gas, heat, in which case they are in Class IIa.
(d) Rule 4
All non-invasive devices which come into contact with injured skin
(i)
are in Class I if they are intended to be used as a mechanical barrier, for
compression or for absorption of exudates,
(ii)
are in Class IIb if they are intended to be used principally with wounds
which have breached the dermis and can only heal by secondary intent,
(iii)
are in Class IIa in all other cases, including devices principally intended to
manage the micro-environment of a wound.
(4)
Classification rules for invasive devices
(a) Rule 5
All invasive devices with respect to body orifices, other than surgically invasive
devices and which are not intended for connection to an active medical device or
which are intended for connection to an active medical device in Class I
(i)
are in Class I if they are intended for transient use,
(ii)
are in Class IIa if they are intended for short-term use, except if they are
used in the oral cavity as far as the pharynx, in an ear canal up to the ear
drum or in a nasal cavity, in which case they are in Class I,
(iii)
are in Class IIb if they are intended for long-term use, except if they are
used in the oral cavity as far as the pharynx, in an ear canal up to the ear
drum or in a nasal cavity and are not liable to be absorbed by the mucous
membrane, in which case they are in Class IIa.
All invasive devices with respect to body orifices, other than surgically invasive
devices, intended for connection to an active medical device in Class IIa or a
higher class, are in Class IIa.
(b) Rule 6
All surgically invasive devices intended for transient use are in Class IIa unless
they are
(i)
intended specifically to control, diagnose, monitor or correct a defect of
the heart or of the central circulatory system through direct contact with
these parts of the body, in which case they are in Class III,
(ii)
reusable surgical instruments, in which case they are in Class I,
(iii)
intended specifically for use in direct contact with the central nervous
system, in which case they are in Class III,
(iv)
intended to supply energy in the form of ionising radiation in which case
they are in Class IIb,
(v)
intended to have a biological effect or to be wholly or mainly absorbed in
which case they are in Class IIb.
(vi)
intended to administer medicines by means of a delivery system, if this is
done in a manner that is potentially hazardous taking account of the mode
of application, in which case they are in Class IIb.
(c) Rule 7
All surgically invasive devices intended for short-term use are in Class IIa unless
they are intended to
(i)
either specifically to control, diagnose, monitor or correct a defect of the
heart or of the central circulatory system through direct contact with these
parts of the body, in which case they are in Class III,
(ii)
or specifically for use in direct contact with the central nervous system, in
which case they are in Class III,
(iii)
or to supply energy in the form of ionising radiation in which case they
are in Class IIb,
(iv)
or to have a biological effect or to be wholly or mainly absorbed in which
case they are in Class III,
(v)
or to undergo chemical change in the body, except if the devices are
placed in the teeth, or to administer medicines, in which case they are in
Class IIb.
(d) Rule 8
All implantable devices and long-term surgically invasive devices are in Class
IIb unless they are intended
(i)
to be placed in the teeth, in which case they are in Class IIa,
(ii)
to be used in direct contact with the heart, the central circulatory system
or the central nervous system, in which case they are in Class III,
(iii)
to have a biological effect or to be wholly or mainly absorbed, in which
case they are in Class III,
(iv)
or to undergo chemical change in the body, except if the devices are
placed in the teeth, or to administer medicines, in which case they are in
Class III.
(5)
Additional rules applicable to active devices
(a) Rule 9
All active therapeutic devices intended to administer or exchange energy are in
Class IIa unless their characteristics are such that they may administer or
exchange energy to or from the human body in a potentially hazardous way,
taking account of the nature, the density and site of application of the energy, in
which case they are in Class IIb.
All active devices intended to control or monitor the performance of active
therapeutic devices in Class IIb, or intended directly to influence the
performance of such devices are in Class IIb.
(b) Rule 10
Active devices intended for diagnosis are in Class IIa
(i)
if they are intended to supply energy which will be absorbed by the
human body, except for devices used to illuminate the patient’s body, in
the visible spectrum,
(ii)
if they are intended to image in vivo distribution of radiopharmaceuticals,
(iii)
if they are intended to allow direct diagnosis or monitoring of vital
physiological processes, unless they are specifically intended for
monitoring of vital physiological parameters, where the nature of
variations is such that it could result in immediate danger to the patient,
for instance variations in cardiac performance, respiration, activity of
CNS in which case they are in Class IIb.
Active devices intended to emit ionizing radiation and intended for diagnostic
and therapeutic interventional radiology including devices which control or
monitor such devices, or which directly influence their performance, are in Class
IIb.
(c) Rule 11
All active devices intended to administer and, or remove medicines, body liquids
or other substances to or from the body are in Class IIa, unless this is done in a
manner
(i)
that is potentially hazardous, taking account of the nature of the
substances involved, of the part of the body concerned and of the mode
of application in which case they are in Class IIb.
(d) Rule 12
All other active devices are in Class I.
(6)
Special Rules
(a) Rule 13
All devices incorporating, as an integral part, a substance which, if used
separately, can be considered to be a medicinal product, as defined in article 2 of
the Medicines Act, and which is liable to act on the human body with action
ancillary to that of the devices, are in Class III.
All devices incorporating, as an integral part, a human blood derivative are in
Class III.
(b) Rule 14
All devices used for contraception or the prevention of the transmission of
sexually transmitted diseases are in Class IIb, unless they are implantable or long
term invasive devices, in which case they are in Class III.
(c) Rule 15
All devices intended specifically to be used for disinfecting, cleaning, rinsing or,
when appropriate, hydrating contact lenses are in Class IIb.
All devices intended specifically to be used for disinfecting medical devices are
in Class IIa, unless they are specifically to be used for disinfecting invasive
devices in which case they are in Class IIb.
This rule does not apply to products that are intended to clean medical devices
other than contact lenses by means of physical action.
(d) Rule 16
Devices specifically intended for recording of X-ray diagnostic images are in
Class IIa.
(e) Rule 17
All devices manufactured utilising animal tissues or derivatives rendered non-
viable are Class III except where such devices are intended to come into contact
with intact skin only.
(f) Rule 18
By derogation from other rules, blood bags are in Class IIb.
Schedule X
Based on Annex X of Directive 93/42/EEC
CLINICAL EVALUATION
(1)
General provisions
(a) As a general rule, confirmation of conformity with the requirements concerning
the characteristics and performances referred to in sections 1 and 3 of Schedule I
to these regulations, under the normal conditions of use of the device, and the
evaluation of the side-effects and of the acceptability of the benefit/risk ratio
referred to in section 6 of Schedule I to these regulations, must be based on
clinical data. The evaluation of this data, hereafter referred to as “clinical
evaluation”, where appropriate taking account of any relevant harmonised
standards, must follow a defined and methodologically sound procedure based
on
(i)
either a critical evaluation of the relevant scientific literature currently
available relating to the safety, performance, design characteristics and
intended purpose of the device, where
(1) there is demonstration of equivalence of the device to the device to
which the data relates, and
(2)
the data adequately demonstrate compliance with the relevant
essential requirements.
(ii)
or a critical evaluation of the results of all clinical investigations made.
(iii)
or a critical evaluation of the combined clinical data provided in sections
1(a)(i) and 1(a)(ii) of this Schedule.
(b) In the case of implantable devices and devices in Class III clinical investigations
shall be performed unless it is duly justified to rely on existing clinical data.
(c) The clinical evaluation and its outcome shall be documented. This
documentation shall be included and, or fully referenced in the technical
documentation of the device.
(d) The clinical evaluation and its documentation must be actively updated with data
obtained from the post-market surveillance. Where post-market clinical follow-
up as part of the post-market surveillance plan for the device is not deemed
necessary, this must be duly justified and documented.
(e) Where demonstration of conformity with essential requirements based on
clinical data is not deemed appropriate, adequate justification for any such
exclusion has to be given based on risk management output and under
consideration of the specifics of the device-body interaction, the clinical
performances intended and the claims of the manufacturer. Adequacy of
demonstration of conformity with the essential requirements by performance
evaluation, bench testing and preclinical evaluation alone has to be duly
substantiated.
(f) All the data must remain confidential, in accordance with the provisions of
regulations 14(1) and (2) of these regulations.
(2)
Clinical investigations
(a) Objectives
The objectives of clinical investigation are
(i)
to verify that, under normal conditions of use, the performance of the
devices conform to those referred to in section 3 of Schedule I to these
regulations, and
(ii)
to determine any undesirable side-effects, under normal conditions of use,
and assess whether they constitute risks when weighed against the
intended performance of the device.
(b) Ethical considerations
Clinical investigations must be carried out in accordance with the Helsinki
Declaration adopted by the 18th World Medical Assembly in Helsinki, Finland,
in 1964, as last amended by the World Medical Assembly. It is mandatory that
all measures relating to the protection of human subjects are carried out in the
spirit of the Helsinki Declaration. This includes every step in the clinical
investigation from first consideration of the need and justification of the study to
publication of the results.
(c) Methods
(i)
Clinical investigations must be performed on the basis of an appropriate
plan of investigation reflecting the latest scientific and technical
knowledge and defined in such a way as to confirm or refute the
manufacturer's claims for the device; these investigations must include an
adequate number of observations to guarantee the scientific validity of
the conclusions.
(ii)
The procedures used to perform the investigations must be appropriate to
the device under examination.
(iii)
Clinical investigations must be performed in circumstances similar to the
normal conditions of use of the device.
(iv)
All the appropriate features, including those involving the safety and
performances of the device, and its effect on patients, must be examined.
(v)
All serious adverse events must be fully recorded and immediately
notified to the Market Surveillance Directorate and the Regulatory
Affairs Directorate and all competent authorities of the Member States in
which the clinical investigation is being performed.
(vi)
The investigations must be performed under the responsibility of a
medical practitioner or another authorised qualified person in an
appropriate environment.
The medical practitioner or other authorised person must have access to
the technical and clinical data regarding the device.
(vii)
The written report, signed by the medical practitioner or other authorised
person responsible, must contain a critical evaluation of all the data
collected during the clinical investigation.
Schedule XI
Based on Annex XI of Directive 93/42/EEC
CRITERIA TO BE MET FOR THE DESIGNATION OF NOTIFIED BODIES
(1)
Notified bodies shall be subject to the Method for Designating Conformity
Assessment Bodies Regulations, 2003 and they shall also fulfil the criteria set out
below.
(2)
The notified body, its Director and the assessment and verification staff shall not be
the designer, manufacturer, supplier, installer or user of the devices which they
inspect, nor the authorized representative of any of these persons. They may not be
directly involved in the design, construction, marketing or maintenance of the
devices, nor represent the parties engaged in these activities. This in no way
precludes the possibility of exchanges of technical information between the
manufacturer and the body.
(3)
The notified body and its staff must carry out the assessment and verification
operations with the highest degree of professional integrity and the requisite
competence in the field of medical devices and must be free from all pressures and
inducements, particularly financial, which might influence their judgment or the
results of the inspection, especially from persons or groups of persons with an
interest in the results of the verifications.
Should the notified body subcontract specific tasks connected with the establishment
and verification of the facts, it must first ensure that the subcontractor meets the
provisions of the regulations and, in particular, of this Schedule. The notified body
shall keep at the disposal of the Regulatory Affairs Directorate and the Market
Surveillance Directorate the relevant documents assessing the subcontractor's
qualifications and the work carried out by the subcontractor under these regulations.
(4)
The notified body must be able to carry out all the tasks assigned to such bodies by
one of Schedules II to VI to these regulations and for which it has been notified,
whether these tasks are carried out by the body itself or on its responsibility. In
particular, it must have the necessary staff and possess the facilities needed to
perform properly the technical and administrative tasks entailed in assessment and
verification. This presupposes the availability of sufficient scientific staff within the
organisation who possess experience and knowledge sufficient to assess the medical
functionality and performance of devices for which it has been notified, having
regard to the requirements of these regulations and, in particular, those set out in
Schedule I to these regulations. It must also have access to the equipment necessary
for the verifications required.
(5)
The notified body must have
(a) sound vocational training covering all the assessment and verification operations
for which the body has been designated,
(b) satisfactory knowledge of the rules on the inspections which they carry out and
adequate experience of such inspections,
(c) the ability required to draw up the certificates, records and reports to
demonstrate that the inspections have been carried out.
(6)
The impartiality of the notified body must be guaranteed. Their remuneration must
not depend on the number of inspections carried out, nor on the results of the
inspections.
(7)
The body must take out civil liability insurance, unless liability is assumed by the
State under Maltese legislation or the Regulatory Affairs Directorate and Market
Surveillance Directorate themselves carry out the inspections directly.
(8)
The staff of the notified body is bound to observe professional secrecy with regard to
all information gained in the course of their duties (except vis-à-vis the Regulatory
Affairs Directorate or other competent administrative authorities of the State in which
their activities are carried out) pursuant to these regulations or any provision of
national law putting it into effect.
Schedule XII
Based on Annex XII of Directive 93/42/EEC
CE MARKING OF CONFORMITY
The CE conformity marking shall consist of the initials “CE” taking the following
form
For the avoidance of doubt, it is hereby declared that the grid providing the
background in the above graduated drawing is not part of the CE marking.
If the CE marking is reduced or enlarged the proportions given in the above
graduated drawing must be respected. The various components of the CE marking
must have substantially the same vertical dimension, which may not be less than
5mm. This minimum dimension may be waived for small-scale devices.
Schedule XIII
Based on Annex I of Directive 2003/32/EC
RISK ANALYSIS AND RISK MANAGEMENT
(1)
Justification for the use of animal tissues or derivatives
The manufacturer must justify, on the basis of his overall risk analysis and risk
management strategy for a specific medical device, the decision to use animal tissues
or derivatives, referred to in the definitions of a “medical device manufactured
utilising tissues of animal origin” and “animal tissues” in article 3 of these
regulations (specifying animal species and tissues) taking into account the expected
clinical benefit, potential residual risk and suitable alternatives.
(2)
Assessment procedure
In order to ensure a high level of protection for patients or users, the manufacturer of
devices utilising animal tissues or derivatives referred to in section 1(1) above must
implement an appropriate and well documented risk analysis and risk management
strategy, to address all relevant relating aspects to TSE. He must identify the hazards
associated with those tissues or derivatives, establish documentation on measures
taken to minimise the risk of transmission and demonstrate the acceptability of the
residual risk associated with the device utilising such tissues or derivatives, taking
into account the intended use and the benefit of the device.
The safety of a device, in terms of its potential for passing on a transmissible agent, is
dependent on all the factors described in sections 1(2)(a) to (g) of this Schedule,
which must be analysed, evaluated and managed. These measures in combination
determine the device safety.
There are two key steps that must be considered.
These are
(a)
selecting starting materials (tissues or derivatives) considered appropriate
regarding their potential contamination with transmissible agents (see sections
1(2)(a) to (c) of this Schedule) taking into account further processing,
(b)
applying a production process to remove or inactivate transmissible agents on
controlled sourced tissues or derivatives (see section 1(2)(d) of this Schedule).
Furthermore, the characteristics of the device and its intended use must be taken into
account (see Sections 1(2)(e) to (g) of this Schedule).
In performing the risk analysis and risk management strategy, due consideration must
be given to opinions adopted by the relevant scientific committees, and where
appropriate to the opinions of the Committee for Proprietary Medicinal Products
CPMP, the references of which have been published in the Official Journal of the
European Union.
(a) Animals as a source of material
The TSE risk is related to the source species, strains and nature of the starting
tissue. As the accumulation of TSE infectivity occurs over an incubation period
of several years, sourcing from young healthy animals is considered to be a
factor reducing the risk. Risk animals such as fallen stock, emergency
slaughtered and TSE suspected animals must be excluded.
(b) Geographical sourcing
Pending the classification of countries according to the BSE status in Regulation
(EC) No 999/2001 of the European Parliament and of the Council of 22 May
2001 laying down rules for the prevention, control and eradication of certain
transmissible spongiform encephalopathies 7 , the Geographical BSE risk (GBR)
is used when assessing the risk of the source country. The GBR is a qualitative
indicator of the likelihood of the presence of one or more cattle being infected
with BSE, pre-clinically as well as clinically, at a given point in time, in a
country. Where presence is confirmed, the GBR gives an indication of the level
of infection as specified in the table below.
GBR level
Presence of one or more cattle clinically or pre-clinically infected
with the BSE agent in a geographical region/country
I
Highly unlikely
II
Unlikely but not excluded
III
Likely but not confirmed or confirmed, at a lower level
IV
Confirmed, at a higher level
Certain factors influence the geographical risk of BSE infection associated with
the use of raw tissues or derivatives from individual countries. These factors are
defined in article 2.3.13.2, point 1 of the International Animal Health Code of
the OIE (Office International des Épizooties), which is available at web-site
www.oie.int/eng/normes/Mcode/A_00067.htm
The Scientific Steering Committee has made an assessment of Geographical
BSE Risk (GBR) of several third countries and Member States, and will
continue to do so for all the countries, which applied for BSE status
categorisation, taking the main OIE factors into account.
(c) Nature of starting tissue
The manufacturer must take into account the classification of the hazards
relating to different type of starting tissue. Sourcing of animal tissue must be
subject to control and individual inspection by a veterinarian and the animal
carcass must be certified as fit for human consumption.
7 OJ. L.147, 31-05-2001, p.1.
The manufacturer must ensure that no risk of cross-contamination occurs at the
time of slaughtering.
The manufacturer must not source animal tissue or derivatives classified as
potentially high TSE infectivity, unless sourcing of these materials is necessary
in exceptional circumstances, taking into account the important benefit for the
patient and the absence of an alternative starting tissue.
In addition, the provisions in Regulation (EC) No 1774/2002 of the European
Parliament and of the Council of 3 rd October 2002 laying down health rules
concerning animal by-products not intended for human consumption must be
applied.
(i)
Sheep and goats
A classification of infectivity in tissues for sheep and goats has been established
based on actual knowledge on the basis of the titres of transmissible agents in
tissues and body fluids from naturally infected sheep and goats with clinical
scrapie. A table was presented in the Scientific Steering Committee (SSC)
opinion of 22 nd -23 rd July 1999 on ‘The policy of breeding and genotyping of
sheep’, (as an annex) 8 and further updated in the opinion of the SSC — TSE
infectivity distributed in ruminant tissues state of knowledge December 2001 —
adopted 10 th -11 th January 2002 9 .
The classification may be reviewed in the light of new scientific evidence (for
example using relevant opinions from the Scientific Committees, the Committee
for Proprietary Medicinal Products CPMP and Commission Measures regulating
the use of material presenting risks as regards TSE). A review of the references
to relevant documents/opinions will be published in the Official Journal of the
European Union and will be listed after a Commission Decision has been taken.
(ii)
Cattle
The list of specified risk material (SRM) laid down in Regulation (EC) No
999/2001 shall be considered as potentially high TSE infective.
(d) Inactivation or removal of transmissible agents
(i)
For devices which cannot withstand an inactivation or elimination
process without undergoing unacceptable degradation, the manufacturer
must rely principally on the control of sourcing.
(ii)
For other devices, if claims are made by the manufacturer for the ability
of manufacturing processes to remove or inactive transmissible agents,
these will have to be substantiated by appropriate documentation.
8 Available on the website of the Commission
http://europa.eu.int/comm/food/fs/sc/ssc/outcome_en.html
9 Available on the website of the Commission
http://europa.eu.int/comm/food/fs/sc/ssc/outcome_en.html
Relevant information from an appropriate scientific literature search and
analysis can be used to support inactivation or elimination factors, where
the specific processes referred to the literature are comparable to those
used for the device. This search and analysis should also cover the
available scientific opinions that may have been adopted by a EU
Scientific Committee. These opinions shall serve as a reference, in cases
where there are conflicting opinions.
When the literature search failed to substantiate the claims, the
manufacturer must set up a specific inactivation and, or elimination study
on a scientific basis and the following need to be considered
(1)
the identified hazard associated with the tissue,
(2)
identification of the relevant model agents,
(3)
rationale for the choice of the particular combinations of model
agents,
(4)
identification of stage chosen to eliminate and, or inactivate the
transmissible agents,
(5)
calculation of the reduction factors.
A final report must identify manufacturing parameters and limits that are
critical to the effectiveness of the inactivation or elimination process.
Appropriate documented procedures must be applied to ensure that the
validated processing parameters are applied during routine manufacture.
(e) Quantities of animal starting tissues or derivatives required to produce one unit
of the medical device
The manufacturer must evaluate the quantity of raw tissues or derivatives of animal
origin required to produce a single unit of the medical device. Where a purification
process is involved, the manufacturer must assess whether it may have the potential
to concentrate levels of transmissible agents present in the animal starting tissues or
derivatives.
(f) Tissues or derivatives of animal origin coming into contact with the patients and
The manufacturer must consider
(i)
the quantity of animal tissues or derivatives;
(ii)
the contact area: its surface, type (e.g. skin, mucous tissue, brain) and
condition (e.g. healthy or damaged);
(iii)
the type of the tissues or derivatives coming into contact with the patients
and, or users; and
(iv)
how long the device is intended to remain in contact with the body
(including bioresorption effect).
The number of medical devices that could be used in a given procedure shall be
taken into account.
(g) Route of administration
The manufacturer must take into account the route of administration
recommended in the product information, from the highest risk down to the
lowest.
(3)
Review of the assessment
The manufacturer must establish and maintain a systematic procedure to review
information gained about their medical device or similar devices in the post-
production phase. The information must be evaluated for possible relevance to safety,
especially
(a) if previously unrecognised hazards are detected;
(b) if the estimated risk arising from a hazard is no longer acceptable;
(c) if the original assessment is otherwise invalidated.
If any of the above apply, the results of the evaluation shall be fed back as an input to
the risk management process.
In the light of this new information, a review of the appropriate risk management
measures for the device must be considered (including rationale for choosing an
animal tissue or derivative). If there is a potential that the residual risk or its
acceptability has changed, the impact on previously implemented risk control
measures must be re-evaluated and justified.
The results of this evaluation must be documented.
EVALUATION OF CLASS III MEDICAL DEVICES BY NOTIFIED BODIES
For devices falling into Class III under rule 17 10 of Schedule IX to these regulations,
manufacturers must provide to the notified bodies referred to in regulation 7(6) of
these regulations, all relevant information to allow evaluation of their current risk
analysis and risk management strategy. Any new information on TSE risk, collected
by the manufacturer and relevant for their devices must be sent to the notified body
for information.
10 All medical devices utilising animal tissue or derivatives rendered non-viable except devices
intended to come into contact with intact skin only.
Any change in relation to processes of sourcing, collection, handling and
inactivation/elimination and that could modify the result of the manufacturer's risk
management dossier must be transmitted to the notified body for the purpose of an
additional approval prior to its implementation.
B