New Regulation Proposal 542/2012 Compliance

On April 2nd, 2014 the European Parliament adopted a resolution introducing 347 amendments to the European Commission’s proposal for a new Regulation on medical devices. This resolution introduces the amendments that were initially voted on 22 October 2013 on first reading of the Commission’s proposal.

In accordance with the co-decision procedure, the text is now under review of the Council for 1st reading. At this stage, 2 outcomes are possible:

  • The Council may side with the Parliament’s position, in which case the legislative act will be adopted;
  • The Council may amend the text adopted by the Parliament’s, and return the proposal to Parliament for a 2nd reading.

When the new text will be adopted, medical manufacturing companies will have to make sure they are in compliance with new CE marking requirements in order to lawfully affix the CE mark.

The key amendments introduced by the European Parliament to the Commission’s proposal for a new Regulation on medical devices are:

A. Introductions of rules concerning the reprocessing of single use devices: all medical devices are to be considered reusable and suitable for reprocessing by default. Only devices that will be defined by the Commission as being ‘unsuitable for reprocessing’ may be single use.
B. Involvement of the Special Notified Bodies in the conformity assessment procedures of high-risk devices (e.g. class III and implantable devices) that would be designated by the European Medicines Agency (EMA).
C. Introduction of medical devices for aesthetic purposes within the scope of the proposal for a Regulation on medical devices.
D. The Unique Device Identification system proposed by the Commission was endorsed by the Parliament

  • Introduction of a prior approval by competent authorities in order to prove conformity with general safety and performance requirements by other means than clinical data. The possibility to use non-clinical testing methods to prove conformity is restricted to low-risk devices.

It is still unsure whether the Council will support the above-mentioned points. Obelis, in its role of European Authorized Representative, is constantly watching legislative developments so as to make sure to provide medical manufacturing companies with the best advisory services on CE marking.