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GUIDE AIMD MDD - Cyprus Organization for the Promotion of Quality

GUIDE AIMD MDD - Cyprus Organization for the Promotion of Quality

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Guide on <strong>MDD</strong> + <strong>AIMD</strong> DirectiveEuropeAid /114385/D/SV/CYIn <strong>the</strong> event that <strong>the</strong> manufacturer and <strong>the</strong> Notified Body cannot agree on <strong>the</strong> classification ei<strong>the</strong>rparty can refer <strong>the</strong> matter <strong>for</strong> a decision to <strong>the</strong> Competent Authority which designated <strong>the</strong> NotifiedBody. If doubt still exists <strong>the</strong> EC Commission, acting in conjunction with a RegulatoryCommittee composed <strong>of</strong> experts from <strong>the</strong> Member States may be approached <strong>for</strong> a ruling. Similarly,<strong>the</strong> EC Commission, in conjunction with <strong>the</strong> Regulatory Committee, may adapt <strong>the</strong> rules if experienceshows this to be necessary.CONFORMITY ASSESSMENT PROCEDURESOVERVIEWIn general terms, a manufacturer wishing to place his medical devices on <strong>the</strong> market must:• if appropriate, assign his devices to one <strong>of</strong> <strong>the</strong> relevant risk categories defined in <strong>the</strong> Directive;• ensure that <strong>the</strong> device meets <strong>the</strong> "essential requirements" specified in Annex I <strong>of</strong> ei<strong>the</strong>r Directive;• follow <strong>the</strong> appropriate con<strong>for</strong>mity assessment procedure;• if appropriate, ensure that an independent body (called a “Notified Body”) is involved in <strong>the</strong>con<strong>for</strong>mity assessment procedure.MANUFACTURERThe manufacturer is defined as:(a)(b)<strong>the</strong> “person with responsibility <strong>for</strong> <strong>the</strong> design, manufacture, packaging and labeling <strong>of</strong> a devicebe<strong>for</strong>e it is placed on <strong>the</strong> market under his own name, regardless <strong>of</strong> whe<strong>the</strong>r <strong>the</strong>se operations arecarried out by that person himself or on his behalf by a third party;” ora person who “assembles, packages, processes, fully refurbishes and/or labels one or more readymade products and/or assigns to <strong>the</strong>m <strong>the</strong>ir intended purpose as devices with a view to <strong>the</strong>ir beingplaced on <strong>the</strong> market under his own name.” This does not apply to a person who assembles oradapts devices already on <strong>the</strong> market to <strong>the</strong>ir intended purpose <strong>for</strong> an individual patient.AUTHORISED REPRESENTATIVEManufacturers who do not have a registered place <strong>of</strong> business in <strong>the</strong> EC must designate an authorisedrepresentative to per<strong>for</strong>m certain obligations (e.g. to make certain documentation available on request)and may designate an authorised representative to per<strong>for</strong>m o<strong>the</strong>r substantive obligations.NOTIFIED BODYA "Notified Body" is an organisation which <strong>the</strong> Competent Authority designates to carry out certain tasks inrespect <strong>of</strong> <strong>the</strong> con<strong>for</strong>mity assessment procedures described in <strong>the</strong> Annexes to <strong>the</strong> Directives. A notifiedbody must be qualified to per<strong>for</strong>m all <strong>the</strong> functions set out in any Annex <strong>for</strong> which it is designated. Thetasks which a notified body can carry out may be restricted by <strong>the</strong> Competent Authority. The activities <strong>of</strong>notified bodies are regularly monitored.Manufacturers are free to apply to any notified body in <strong>the</strong> EU designated to carry out <strong>the</strong> desiredcon<strong>for</strong>mity assessment procedure, regardless <strong>of</strong> which Member State that notified body is designated in.Manufacturers are required to in<strong>for</strong>m <strong>the</strong>ir notified body <strong>of</strong> changes to <strong>the</strong>ir product ranges and qualitysystem. In cases where design or type examination has been carried out by <strong>the</strong> notified body <strong>the</strong>manufacturer is required to notify <strong>the</strong>m <strong>of</strong> changes to <strong>the</strong> design, as well as any in<strong>for</strong>mation <strong>the</strong>y have onchanges to <strong>the</strong> pathogen and markers <strong>of</strong> infection to be tested.

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