Obelis European Authorized Representative Center
"CE Marking Consultants with a Reputation for Excellence"In Reference to the European New Approach Directives, it is imperative for the manufacturer of a product/device/apparatus/ piece of equipment to be placed on the European Market to firstly classify their products under European Regulation, whether it is a medical device, an in-vitro diagnostic medical device, an active implantable medical device, a low voltage product with or without electromagnetically compatibility, a radio and telecommunication apparatus, machinery, cosmetics, personal protective equipment, pressure equipment, a construction product, a toy or any combination of such – it must be classified before it is to be regulated!
One of the most concrete examples of the importance of proper classification resides in the MDD 93/42/EEC which requires of medical device manufacturers to classify their devices before placing their products in the European Union. This classification is extremely important and will determine the compliance route for CE marking and market placement.
The two major factors in determining the class of a medical device are the claimed intent of use and the mode of operations. Annex IX of the MDD93/42/EEC outlines 18 rules of classification. These include:
Rule 1 – Devices that either do not touch the patient or contact intact skin only
Rule 2 – Channeling or storing for eventual administration
Rule 3 – Devices that modify biological or chemical composition of blood, body liquids or other liquids
Rule 4 – Devices in contact with injured skin
Rule 5 – Devices invasive in body orifices
Rule 6 – Surgically invasive devices for transient use except if there are reusable surgical instruments
Rule 7 – Surgically invasive devices for short term use
Rule 8 – Surgically invasive devices for long term use and implantable devices
Rule 9 – Active therapeutic devices intended to exchange or administer energy
Rule 10 –Active devices for diagnosis
Rule 11 – Active devices to administer, remove medicines and other substances to or from the body
Rule 12 – All other active devices
Rule 13 – Devices incorporating a medicinal substance
Rule 14 – Devices used for contraception or prevention of sexually transmitted diseases.
Rule 15 – Specific disinfecting, cleaning and rinsing devices
Rule 16 – Non-active devices to record X-ray diagnostic images
Rule 17 – Devices utilizing animal tissues or derivatives
Rule 18 – Blood bags
Classes are established in accordance with the potential risk to the patient:
Class I-Medical Devices are regarded as “low risk” devices, e.g. non-evasive medical devices that do not touch the patient or contact skin only. Pre-market notification is required prior to placing the devices onto the EU market.
Class I sterile-Medical Devices are regarded as “low risk” devices, e.g. sterile non-evasive medical devices that do not touch the patient or contact skin only. Certification by a Notified Body in respect to sterilization process is required. Pre-market notification is required prior to placing the devices onto the EU market.
Class I measuring- Medical Devices are regarded “low risk” devices, e.g. non-invasive medical devices with a measuring function. Certification by a Notified Body in respect to measuring function is required. Pre-market notification is required prior to placing the devices onto the EU market.
Class IIa-Medical Devices are regarded as “low-medium” risk devices, e.g. active therapeutic devices intended to administer or exchange energy in a non hazardous way. Certification by a Notified Body is required.
Class IIb-Medical Devices are regarded as “medium-high” risk medical devices, e.g. active devices for monitoring of vital physiological parameters. Certification by a Notified Body is required.
Class III-Devices are regarded as “high-risk” devices, e.g. devices incorporating a medicinal substance. Certification by a Notified Body is required.
Once a medical device has been properly classified a European Authorized Representative will be appointed (for Non-EU manufacturers) and a European Notified Body will be able to proceed with the required conformity tests applicable to the manufacturer’s device.
IT IS THE SOLE RESPONSIBILITY OF THE MANUFACTURER TO CLASSIFY HIS DEVICES AS PER EUROPEAN REGULATION!
Clinical evidence of a manufacturer’s classification must be provided. Any medical device classification made by a manufacturer can be contested by a European Notified Body. Medical devices that are not classified or are determined to be improperly classified are forbidden entry or removed from the European Market. To assist manufacturers in this sometimes complicated or unclear process Obelis European Authorized Representative Center (O.E.A.R.C.) is proud to introduce a NEW service - Confirmation of Classification. Obelis European Authorized Representative Center (O.E.A.R.C.) will contact the competent authorities of an EU Member State in the manufacturer’s behalf to obtain a confirmation of the device classification.
Obelis Device Classification Services will:
• Simplify your transition into the EU Marketplace
• Put to rest class disputes with third parties (European Notified Bodies, Potential Clients, etc.)
• Clarify “borderline” devices
• Provide a European Recognized classification confirmation for your device
Obelis European Authorized Representative Center provides superior quality representation, notification, and regulatory services for the successful introduction of your medical devices within the European territory. Our services are backed by 20 years experience giving regulatory, CE marking consulting, and European Authorized Representative services. We are located within a walking distance of the European Commission, maintaining close relations with the EU Administration.
European Authorized Representative Services
European Authorized Representative: A European appointed registered place of business within the European Economic Area acting as the legal identity of a non-EU manufacturer towards the European Member State Competent Authorities as a central EEA vigilance and contact point in the Community.
Guidance on Self-Declaration release
Market incident reporting and complaint handling coordination ( AIMDD 90/385/EEC)
Product labeling compliance: European Authorized Representative address on the device related printing materials i.e. catalog, instruction sheets, packaging, manuals + verification of labelling compliance ( AIMDD 90/385/EEC)
Notification of the preliminary Clinical Investigations (AIMDD 90/385/EEC Annex 6) following the procedure referred to in Annex 7
Observance of the compliance of the non-EU manufacturer at all times, once a duly CE marked device is properly put on the EEA.
Advisory services
Ongoing language maintenance and glossary development (for over 40 different languages)
Device listing and registration according to European Member State national requirements
Technical File documentation review
Guidance on QMS implementation
Guidance on product safety consultancy
Guidance on product testing and certification services
Identification of proper regulation
Identification of EU harmonized standards
Post market surveillance assistance
Regulatory advice and updates
“Pre-CE marking” services
Identification of product classification
Identification of the appropriate notified body
Coordination between the manufacturer and the notified body
Additional services:
Free Sales Certificate services
Certificate of CE Registration (Related to products which require Notification)
GMDN code research services
For additional information or to receive an offer, please visit our Fast Lane for E.A.R. services.
As you may know the 2007/47/EC amended the MDD 93/42/EEC which may have an immediate impact on the compliance of your medical devices in Europe.
There are two main amendments that are particularly important.
1. A decreasing of the importance of the Medical Device Directive 93/42/EEC in respect to all other European Directives.
2. The influence of the Machinery Safety Directive on the MDD 93/42/EEC (medical devices with moving parts), which will result in the combination of essential requirements in regards to both Directives.
• Both of which will be in full force by March 21st, 2010.
Obelis has created a CD presenting the following valuable guidelines:
• A table of essential requirements for MDD and MSD, written by Dr. Peter N. Ruys, one of the initial officials to implement the Medical Device Directive in Europe.
• A consolidated version of the Directives MDD 93/42/EEC with the amendments from Directive 2007/47/EC
• A Consolidated table of Essential Requirements of the MDD 93/42/EEC & the 2007/47/EC – NEW!
• The MSD 2006/42/EC
• A list of the European Standards under EU Machinery regulation
We are confident this CD will assist you in your understanding of the implementation of these new amendments.
You can order this CD by emailing us at .
As an Obelis client you may purchase the CD at a discounted rate of €150.00(euro).
Do not hesitate to contact us with any questions or concerns.
Placing your medical device into the European market is contingent upon your compliance with the Medical Device Directive (93/42/EEC). While this Directive is a law to all 27 member states within the European Union, each member state has its own way of implementing the Directive within their country, essentially adding regulations to the Directive and creating Local Legislation.
An example of such local implementation of the Directive is now present in Italy which requires, in addition to the CE marking (as opposed to the essence of the CE marking which is “Free Circulation of Goods”), that ALL Medical Devices to be placed in the Italian market will go through a Device registration process. This process is similar to the pre-market notification requirement for Class I Medical Devices (as stated in the European Directive MDD 93/42/EEC Article 14) only in Italy it is applicable for all classes, not only Class I.
As a non-EU manufacturer of medical devices, you are required to use a European (legal) representative to register your medical device with the Italian database. Non-Italian (European) manufacturers are also required to complete this registration themselves or appoint a legally-mandated representative to register for them.
This representative will communicate with the Italian Ministry of Health on your behalf. The registration can only be done with granted access to the Italian Database, and with the required “smart card” for the actual registration. Your legal representative needs to have access to both.
Third party commercial entities, like distributors, should not register your medical devices for several reasons, a few of which are:
1. By allowing a third party commercial entity to register in your behalf, the manufacturer relinquishes an essential part of his control over his medical device in Italy
2. If you decided to end the relationship with your commercial distributor at any point, you would be required to take your medical device completely off the market until you could re-register that medical device within Italy for a second (third, fourth, etc.) time
3. Your third party commercial entity will expect exclusivity, limiting the open distribution of your medical device
Conclusion:
1. For the benefit of non-EU manufacturer, the distributor SHOULD NOT have part in any regulatory affairs
2. The manufacturer should register their medical devices with the Italian database through his appointed Authorized Representative
Local Legislations like the example of Italy are growing rapidly in Europe (such as in Portugal) and strengthen the need for a professional European Authorized Representative present at all times.
CLICK HERE to receive further information about procedures and needed documentation for Obelis to complete Italian Device Registration in your behalf.
According to the European Medical Device Directive 93/42/EEC and the In-Vitro Diagnostic Directive 98/79/EC, CE marked and properly registered devices in all 27 EU member states and 4 EFTA countries have free access to the EU market (according to Article 14 MDD 93/42/EEC as amended by the 2007/47/EC and Article 10 IVDD 98/79/EC). Thus, once your device is properly CE marked, it is allowed to circulate and be sold throughout the European Union.
However, the CE Marking only enables penetration to the European market and does not enable the device to be placed on other global markets.
Due to the high standards of health and safety required by the CE Marking, customers in non-EU countries request a Free Sales Certificate from the manufacturer to demonstrate the device meets the various safety and health requirements specified by the CE Marking. The Certificate will enable the device to penetrate the market of the relevant country and be freely sold to the public (presuming all local requirements are also met).
As the manufacturer is not within the European territory and cannot communicate with the Authorities, this certificate can only be obtained through the manufacturer’s legal entity in Europe, the Authorized Representative.
In order to get the Free Sales Certificate for MDD and IVD devices, two conditions need to be met:
Additionally:
If the device(s) are CE marked, but not properly notified/registered with the European Authorities by the appointed European Authorized Representative (as required by Law for MDD Class I and IVD devices), the CE Marking is NOT valid and therefore the Free Sales Certificate cannot be issued.
To receive a Free Sales Certificate, you will be required to present your Authorized Representative with the following:
“CTMR 88 (1), (2) The Community Trade Mark Regulation obliges natural and legal persons not having their domicile or their principal place of business or a real and effective industrial or commercial establishment in the Community to be represented, in all proceedings before the Office other than the filing of a CTM application, by a professional representative, namely either a legal practitioner or a person whose name is entered on the list of professional representatives maintained by the Office”.
Through its extended network of collaborators, OEARC can now provide you with cost effective and simplified trade mark and design registration for the entire EU.
Obelis European Authorized Representative Center
Obelis European Authorized Representative Center provides superior quality “European Authorized Representative”, notification, and regulatory services for the successful introduction of your medical devices within the European territory. Our services are backed by 20 years experience giving regulatory, CE marking consulting, and European Authorized Representative services. We are located within a walking distance of the European Commission, maintaining close relations with the EU Administration.
European Authorized Representative Services
Advisory services
Additionally, O.E.A.R.C. offers the following “pre-CE marking” services
Services we can also provide
For additional information or to receive an offer, please visit our Fast Lane for E.A.R. services.
Obelis European Authorized Representative Center
Obelis European Authorized Representative Center provides superior quality “European Authorized Representative”, notification, and regulatory services for the successful introduction of your medical devices within the European territory. Our services are backed by 20 years experience giving regulatory, CE marking consulting, and European Authorized Representative services. We are located within a walking distance of the European Commission, maintaining close relations with the EU Administration.
European Authorized Representative Services
Advisory services
Additionally, O.E.A.R.C. offers the following “pre-CE marking” services
Services we can also provide
For additional information or to receive an offer, please visit our Fast Lane for E.A.R. services.
Obelis European Authorized Representative Center
Obelis European Authorized Representative Center provides superior quality “European Authorized Representative”, notification, and regulatory services for the successful introduction of your medical devices within the European territory. Our services are backed by 20 years experience giving regulatory, CE marking consulting, and European Authorized Representative services. We are located within a walking distance of the European Commission, maintaining close relations with the EU Administration.
European Authorized Representative Services
Advisory services
Additionally, O.E.A.R.C. offers the following “pre-CE marking” services
Services we can also provide
For additional information or to receive an offer, please visit our Fast Lane for E.A.R. services.
Obelis European Authorized Representative Center
Obelis European Authorized Representative Center provides superior quality “European Authorized Representative”, notification, and regulatory services for the successful introduction of your medical devices within the European territory. Our services are backed by 20 years experience giving regulatory, CE marking consulting, and European Authorized Representative services. We are located within a walking distance of the European Commission, maintaining close relations with the EU Administration.
European Authorized Representative Services
Advisory services
Additionally, O.E.A.R.C. offers the following “pre-CE marking” services
Services we can also provide
For additional information or to receive an offer, please visit our Fast Lane for E.A.R. services.
Obelis European Authorised Representative Center
Obelis European Authorized Representative Center provides superior quality “European Authorized Representative”, notification, and regulatory services for the successful introduction of your medical devices within the European territory. Our services are backed by 20 years experience giving regulatory, CE marking consulting, and European Authorized Representative services. We are located within a walking distance of the European Commission, maintaining close relations with the EU Administration.
European Authorized Representative Services
Advisory services
Services we can also provide
For additional information or to receive an offer, please visit our Fast Lane for E.A.R. services.
Obelis European Authorised Representative Center
Obelis European Authorized Representative Center provides superior quality “European Authorized Representative”, notification, and regulatory services for the successful introduction of your medical devices within the European territory. Our services are backed by 20 years experience giving regulatory, CE marking consulting, and European Authorized Representative services. We are located within a walking distance of the European Commission, maintaining close relations with the EU Administration.
European Authorized Representative Services
Advisory services
Additionally, O.E.A.R.C. offers the following “pre-CE marking” services
Services we can also provide
For additional information or to receive an offer, please visit our Fast Lane for E.A.R. services.
Obelis European Authorized Representative Center
Obelis European Authorized Representative Center provides superior quality “European Authorized Representative”, notification, and regulatory services for the successful introduction of your medical devices within the European territory. Our services are backed by 20 years experience giving regulatory, CE marking consulting, and European Authorized Representative services. We are located within a walking distance of the European Commission, maintaining close relations with the EU Administration.
European Authorized Representative Services
Advisory services
Additionally, O.E.A.R.C. offers the following “pre-CE marking” services
Services we can also provide
For additional information or to receive an offer, please visit our Fast Lane for E.A.R. services.
Obelis European Authorized Representative Center
Obelis European Authorized Representative Center provides superior quality “European Authorized Representative”, notification, and regulatory services for the successful introduction of your medical devices within the European territory. Our services are backed by 20 years experience giving regulatory, CE marking consulting, and European Authorized Representative services. We are located within a walking distance of the European Commission, maintaining close relations with the EU Administration.
European Authorized Representative Services
Advisory services
Additionally, O.E.A.R.C. offers the following “pre-CE marking” services
Services we can also provide
For additional information or to receive an offer, please visit our Fast Lane for E.A.R. services.
Obelis European Authorized Representative Center
Obelis European Authorized Representative Center provides superior quality “European Authorized Representative”, notification, and regulatory services for the successful introduction of your medical devices within the European territory. Our services are backed by 20 years experience giving regulatory, CE marking consulting, and European Authorized Representative services. We are located within a walking distance of the European Commission, maintaining close relations with the EU Administration.
European Authorized Representative Services
Advisory services
Additionally, O.E.A.R.C. offers the following “pre-CE marking” services
Services we can also provide
For additional information or to receive an offer, please visit our Fast Lane for E.A.R. services.
Obelis European Authorized Representative Center
Obelis European Authorized Representative Center provides superior quality “European Authorized Representative”, notification, and regulatory services for the successful introduction of your medical devices within the European territory. Our services are backed by 20 years experience giving regulatory, CE marking consulting, and European Authorized Representative services. We are located within a walking distance of the European Commission, maintaining close relations with the EU Administration.
European Authorized Representative Services
Advisory services
For additional information or to receive an offer, please visit our Fast Lane for E.A.R. services.
Obelis European Authorized Representative Center
Obelis European Authorized Representative Center provides superior quality “European Authorized Representative”, notification, and regulatory services for the successful introduction of your medical devices within the European territory. Our services are backed by 20 years experience giving regulatory, CE marking consulting, and European Authorized Representative services. We are located within a walking distance of the European Commission, maintaining close relations with the EU Administration.
European Authorized Representative Services
Advisory services
Additionally, O.E.A.R.C. offers the following “pre-CE marking” services
Services we can also provide
For additional information or to receive an offer, please visit our Fast Lane for E.A.R. services.
Obelis European Authorized Representative Center
Obelis European Authorized Representative Center provides superior quality “European Authorized Representative”, notification, and regulatory services for the successful introduction of your medical devices within the European territory. Our services are backed by 20 years experience giving regulatory, CE marking consulting, and European Authorized Representative services. We are located within a walking distance of the European Commission, maintaining close relations with the EU Administration.
European Authorized Representative Services
Advisory services
Additionally, O.E.A.R.C. offers the following “pre-CE marking” services
Services we can also provide
For additional information or to receive an offer, please visit our Fast Lane for E.A.R. services.
Regulatory Services include:
Obelis’ US Agent
All device manufacturers must identify an Official Correspondent for FDA who will be contacted by FDA, whenever the FDA has a question about the company or its products. This individual may be someone within the company or an outside consultant. As part of our on-going commitment to better serve our U.S. Agent clients, Obelis’ US Agent, at the client’s request, will also serve as their Official Correspondent at no additional charge. While it is acceptable to identify a company employee as the Official Correspondent, for reasons of language and time zone differences, FDA prefers to communicate with someone located inside the U.S.
Preparation and/or review of Establishment Registration and Device Listing forms
All device manufacturers must register all of their establishments and devices with the FDA, before the devices can be legally marketed in the U.S. These registrations must be updated annually or whenever a significant change occurs. As an additional service to our clients, O.U.A. will prepare and/or review these forms and submit them to the FDA. Again, this service is provided at no additional charge, provided the client uses O.U.A. as their U.S. Agent.
Compliance with the U.S. Medical Device Reporting (MDR) regulations
Reporting Adverse Events: All product complaints must be assessed for MDR applicability. The reporting rules are complex with unique forms and requirements. They also change regularly. O.U.A. will assist clients in assessing complaints received from the field and ensure that the proper procedures are followed and, if necessary, that the proper forms are completed and that the FDA is properly notified. There is no additional fee to sign up for this service, and all U.S. Agent clients of O.U.A. receive a reduced rate for each complaint evaluation.
The European Commission obliges all manufacturers to have in place a Post Market Surveillance System as referred to in General Product Safety Directive (crossing Personal Protective Equipment, Low Voltage Devices, Toys, Devices emitting Electromagnetic waves, and Cosmetics) Article 5, the Medical Device Directive Annexes II-VII, and In-Vitro Device Directive Annexes III, IV, VI and VII.
In regards to P.M.S., the European Commission defines it as a way “to improve the protection of health and safety of patients, users and others by reducing the likelihood of the same type of adverse incident being repeated in different places at different times” MEDDEV 2.12-1 rev 4 April 2001.
Conducted either proactively or retroactively PMS can take the form of:
GiDoS Green Regulatory Center is a quality driven, service oriented company dedicated to assisting European and non-European manufacturer’s successful compliance with Environmental Directives and Regulations within Europe.
Based upon in-depth research and years of regulatory experience, GiDoS experts will work with you to orchestrate a complete Environmental Regulatory Strategy; thus implementing solutions for full compliance during the entire duration the product/device resides on the European market. Additionally, GiDoS offers tailored compliance services for the WEEE, RoHS and P&PW, as well as Only Representative services under REACH 1907/2006.
European “Green” Directives and Regulations are becoming prevalent and crucial points of interest for anyone involved in placing products on the European market. A comprehensive Environmental Strategy is necessary to study and satisfy the requirements you are constrained to abide by.
GiDoS examines country’s regulations and European directives to identify the environmental requirements for your product(s) per product, per country.
Contact us now to find out more.