Medical Devices Regulation (EU) 2017/745

All medical devices which are sold on the European market are required to bear the CE mark, except custom made devices. The CE mark indicates compliance with the applicable European legislation. The manufacturer of a medical device is responsible for the compliance of the medical device with the applicable European legislation.

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Classification of medical devices

Not every medical device is the same and should therefore also not be treated as one entity. Therefore, the European Commission divided medical devices in different classes. The different classes are divided by the risk that they impose. A low risk medical device should go through a different, less complex, conformity assessment procedure than a high risk medical device. The risk classes are divided from low, class I, to high, class III.

The following risk classes are identified in accordance with the Medical Devices Regulation:

• Class I, e.g. simple wound dressing.
• Class I with a measuring function, e.g. non-active oral thermometer.
• Class I sterile, e.g. sterile simple wound dressing.
• Class IIa, e.g. condoms.
• Class IIb, e.g. medical devices for the cleaning of contact lenses.
• Class III, e.g. medical devices integrating medicinal products.

Conformity assessment procedure

In order to indicate compliance of the medical device with the applicable European legislation the correct conformity assessment procedure must be carried out. The conformity assessment procedure depends on the classification of the medical device. Figure 1 indicates the different conformity assessment procedures for the medical devices in accordance with the different risk classes.

Technical Documentation

Manufacturers of medical device must ensure to have the required Technical Documentation in order regarding their medical device. The Technical Documentation entails all documentation which can be used to determine the compliance of the medical device with the applicable European legislation. The Technical Documentation entails minimally the following.

• Device description and specification (e.g. UDI, risk class, technical specifications etc.).
• Information regarding the labels and packaging.
• The instructions for use.
• Information regarding the manufacturing processes.
• Information regarding all production sites.
• Documentation demonstrating compliance with the general safety and performance requirements.
• The benefit-risk analysis.
• Documentation on all test results and analyses.
• Documentation on (pre-)clinical data.

Quality Management System

When medical devices are manufactured, they are often manufactured in series. In order to ensure the compliance of all the medical devices produced in series with the applicable European legislation, it is required to manufacturers to implement a Quality Management System (QMS). In this way the presumption of conformity is determined of all the medical devices produced in series.

Compliance with the Medical Device Directive 93/42/EEC
During the transitional period until May 26th, 2020, it is legally possible for manufacturers of medical devices to comply with the Medical Device Directive 93/42/EEC and/or the Active Implantable Medical Devices Directive 90/385/EEC. You can read more about the transition from the Medical Device Directive 93/42/EEC and Active Implantable Medical Devices Directive 90/385/EEC here.