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Document:EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023

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Document information
Reference EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023
Validity area EU
Scope(s) MD
Document name Regulation (EU) 2017/745 - Medical Device Regulation
Version / Revision 20-Mar-2023
Status Current
Document type Legal act
Language(s) EN
Description REGULATION (EU) 2017/745 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC
Official source Official link
Restricted access No
Submitted by Florian Adragna
Contributors

References

 ScopeDocument partLanguagePreview
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 ANNEX XV Chapter III, 6MDANNEX XV Chapter III, 6EN6. The Sponsor shall provide evidence that the investigation is being conducted in line with good clinical practice, for instance through internal or …
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Annex VIIIMDAnnex VIIIENCLASSIFICATION RULES…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Annex XV Chapter I Section 2MDAnnex XV

Chapter I

Section 2
EN2. Methods 2.1. Clinical investigations shall be performed on the basis of an appropriate plan of investigation reflecting the latest scientific …
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Annex XV Chapter II Section 1.7MDAnnex XV

Chapter II

Section 1.7
ENDOCUMENTATION REGARDING THE APPLICATION FOR CLINICAL INVESTIGATION For investigational devices covered by Article 62, the sponsor shall draw up and s…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Annex XV Chapter III 1. ; 3.MDAnnex XV

Chapter III

1. ; 3.
ENOTHER OBLIGATIONS OF THE SPONSOR 1. The sponsor shall undertake to keep available for the competent national authorities any documentation necessary…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Annex XV Chapter III 2. ; 7.MDAnnex XV

Chapter III

2. ; 7.
ENOTHER OBLIGATIONS OF THE SPONSOR

[...]

2. The Sponsor shall have an agreement in place to ensure that any serious adverse events or any other event…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Annex XV Chapter III Paragraph 3MDAnnex XV

Chapter III

Paragraph 3
ENOTHER OBLIGATIONS OF THE SPONSOR 3. The documentation mentioned in this Annex shall be kept for a period of at least 10 years after the clinical in…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Annex XV Chapter III Section 4MDAnnex XV

Chapter III

Section 4
ENOTHER OBLIGATIONS OF THE SPONSOR 4. The Sponsor shall appoint a monitor that is independent from the investigational site to ensure that the invest…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 109 Paragraph 1-001MDArticle 109 Paragraph 1ENConfidentiality 1. Unless otherwise provided for in this Regulation and without prejudice to existing national provisions and practices in the Memb…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 109 Paragraph 1-002MDArticle 109 Paragraph 1ENConfidentiality 1. Unless otherwise provided for in this Regulation and without prejudice to existing national provisions and practices in the Memb…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 2 Paragraph 1 - 3MDArticle 2 Paragraph 1 - 3ENDefinitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘medical device’ means any instrument, apparatus, appliance, s…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 2 Paragraph 10 – 12MDArticle 2 Paragraph 10 – 12ENDefinitions (10) ‘procedure pack’ means a combination of products packaged together and placed on the market with the purpose of being used for a spe…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 2 Paragraph 14MDArticle 2 Paragraph 14EN(14) ‘instructions for use’ means the information provided by the manufacturer to inform the user of a device's intended purpose and proper use and of…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 2 Paragraph 4 – 8MDArticle 2 Paragraph 4 – 8EN(4) ‘active device’ means any device, the operation of which depends on a source of energy other than that generated by the human body for that purpos…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 2 Paragraph 45MDArticle 2 Paragraph 45ENDefinitions (45) ‘clinical investigation’ means any systematic investigation involving one or more human subjects, undertaken to assess the safety or…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 2 Paragraph 46MDArticle 2 Paragraph 46EN(46) ‘investigational device’ means a device that is assessed in a clinical investigation;…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 2 Paragraph 62MDArticle 2 Paragraph 62ENDefinitions (62) ‘recall’ means any measure aimed at achieving the return of a device that has already been made available to the end user;…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 2 Paragraph 57 – 59MDArticle 2 Paragraph 57 – 59EN(57) ‘adverse event’ means any untoward medical occurrence, unintended disease or injury or any untoward clinical signs, including an abnormal laborat…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 2 Paragraph 64 – 66MDArticle 2 Paragraph 64 – 66EN(64) ‘incident’ means any malfunction or deterioration in the characteristics or performance of a device made available on the market, including use-e…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 51MDArticle 51ENClassification of devices 1. Devices shall be divided into classes I, IIa, IIb and III, taking into account the intended purpose of the devices and…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 52MDArticle 52ENConformity assessment procedures 1. Prior to placing a device on the market, manufacturers shall undertake an assessment of the conformity of that …
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 62 Paragraph 1MDArticle 62 Paragraph 1ENGeneral requirements regarding clinical investigations conducted to demonstrate conformity of devices 1. Clinical investigations shall be designed,…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 62 Paragraph 3MDArticle 62 Paragraph 3EN3. Clinical investigations shall be designed and conducted in such a way that the rights, safety, dignity and well-being of the subjects participati…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 62 Paragraph 3 & 4MDArticle 62 Paragraph 3 & 4EN3. Clinical investigations shall be designed and conducted in such a way that the rights, safety, dignity and well-being of the subjects participati…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 62 Paragraph 4MDArticle 62 Paragraph 4EN4. A clinical investigation as referred to in paragraph 1 may be conducted only where all of the following conditions are met: (a) the clinical inv…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 62 Paragraph 4 (j)MDArticle 62

Paragraph 4

(j)
ENGeneral requirements regarding clinical investigations conducted to demonstrate conformity of devices (j) the medical care provided to the subjects i…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 63 Paragraph 1MDArticle 63 Paragraph 1ENInformed consent 1. Informed consent shall be written, dated and signed by the person performing the interview referred to in point (c) of paragrap…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 63 Paragraph 2MDArticle 63 Paragraph 2EN2. Information given to the subject or, where the subject is not able to give informed consent, his or her legally designated representative for the…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 63 Paragraph 3 – 5MDArticle 63 Paragraph 3 – 5EN3. The information referred to in paragraph 2 shall be prepared in writing and be available to the subject or, where the subject is not able to give…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 63 Paragraph 6 – 7MDArticle 63 Paragraph 6 – 7EN6. The subject shall be informed that a clinical investigation report and a summary presented in terms understandable to the intended user will be m…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 64MDArticle 64ENClinical investigations on incapacitated subjects 1. In the case of incapacitated subjects who have not given, or have not refused to give, informe…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 65MDArticle 65ENClinical investigations on minors A clinical investigation on minors may be conducted only where, in addition to the conditions set out in Article 62…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 66MDArticle 66ENClinical investigations on pregnant or breastfeeding women A clinical investigation on pregnant or breastfeeding women may be conducted only where, i…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 68MDArticle 68ENClinical investigations in emergency situations 1. By way of derogation from point (f) of Article 62(4), from points (a) and (b) of Article 64(1) a…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 69MDArticle 69ENDamage compensation 1. Member States shall ensure that systems for compensation for any damage suffered by a subject resulting from participation i…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 70 Paragraph 1MDArticle 70 Paragraph 1ENApplication for clinical investigations 1. The sponsor of a clinical investigation shall submit an application to the Member State(s) in which the …
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 70 Paragraph 6 – 7MDArticle 70 Paragraph 6 – 7EN6. During the period when the application is being assessed, the Member State may request additional information from the sponsor. The expiry of the…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 72MDArticle 72ENConduct of a clinical investigation 1. The sponsor and the investigator shall ensure that the clinical investigation is conducted in accordance wit…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 72 Paragraph 3 – 4-002MDArticle 72 Paragraph 3 – 4ENConduct of a clinical investigation 3. All clinical investigation information shall be recorded, processed, handled, and stored by the sponsor or i…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 72 Paragraph 6MDArticle 72 Paragraph 6ENConduct of a clinical investigation 6. The sponsor shall establish a procedure for emergency situations which enables the immediate identification …
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 72 Paragraph 3 – 4-001MDArticle 72 Paragraph 3 – 4ENConduct of a clinical investigation

[...]

3. All clinical investigation information shall be recorded, processed, handled, and stored by the sponso…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 72 Pragraph 2MDArticle 72 Pragraph 2ENConduct of a clinical investigation 2. In order to verify that the rights, safety and well-being of subjects are protected, that the reported data …
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 72 Pragraph 5MDArticle 72 Pragraph 5ENConduct of a clinical investigation 5. Member States shall inspect, at an appropriate level, investigation site(s) to check that clinical investiga…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 73MDArticle 73ENElectronic system on clinical investigations 1. The Commission shall, in collaboration with the Member States, set up, manage and maintain an elect…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 74MDArticle 74ENClinical investigations regarding devices bearing the CE marking 1. Where a clinical investigation is to be conducted to further assess, within the…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 75MDArticle 75ENSubstantial modifications to clinical investigations 1. If a sponsor intends to introduce modifications to a clinical investigation that are likely…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 76MDArticle 76ENCorrective measures to be taken by Member States and information exchange between Member States 1. Where a Member State in which a clinical investi…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 76 Paragraph 3MDArticle 76 Paragraph 3ENCorrective measures to be taken by Member States and information exchange between Member States 3. Where a Member State has taken a measure referre…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 77MDArticle 77ENInformation from the sponsor at the end of a clinical investigation or in the event of a temporary halt or early termination 1. [...] In the event t…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 77 Paragraph 4 – 5MDArticle 77 Paragraph 4 – 5EN4. If an investigation is conducted in more than one Member State, the sponsor shall notify all Member States in which that clinical investigation w…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 77 Paragraph 6 – 7MDArticle 77 Paragraph 6 – 7EN6. The Commission shall issue guidelines regarding the content and structure of the summary of the clinical investigation report. In addition, the …
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 77 Paragraph 1 – 3MDArticle 77 Paragraph 1 – 3ENInformation from the sponsor at the end of a clinical investigation or in the event of a temporary halt or early termination 1. If the sponsor has …
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 77 Paragraph 1, 3 & 4MDArticle 77 Paragraph 1, 3 & 4ENInformation from the sponsor at the end of a clinical investigation or in the event of a temporary halt or early termination 1. If the sponsor has …
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 77 Paragraph 5MDArticle 77 Paragraph 5EN5. Irrespective of the outcome of the clinical investigation, within one year of the end of the clinical investigation or within three months of the…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 80 Paragraph 1-2MDArticle 80 Paragraph 1-2ENRecording and reporting of adverse events that occur during clinical investigations

1. The sponsor shall fully record all of the following:

(a) any…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 80 Paragraph 3MDArticle 80 Paragraph 3EN3. The sponsor shall also report to the Member States in which the clinical investigation is being conducted any event referred to in paragraph 2 of…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 80 Paragraph 4MDArticle 80 Paragraph 4EN4. In the case of a clinical investigation for which the sponsor has used the single application referred to in Article 78, the sponsor shall report…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 80 Paragraph 5 – 6MDArticle 80 Paragraph 5 – 6EN5. In the case of PMCF investigations referred to in Article 74(1), the provisions on vigilance laid down in Articles 87 to 90 and in the acts adopt…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 82MDArticle 82ENRequirements regarding other clinical investigations 1. Clinical investigations, not performed pursuant to any of the purposes listed in Article 62…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 87 Paragraph 1 – 2MDArticle 87 Paragraph 1 – 2ENReporting of serious incidents and field safety corrective actions 1. Manufacturers of devices made available on the Union market, other than inves…
EU Regulation (EU) 2017/745 - Medical Device Regulation 20-Mar-2023 Article 87 Paragraph 3 – 5MDArticle 87 Paragraph 3 – 5EN3. Manufacturers shall report any serious incident as referred to in point (a) of paragraph 1 immediately after they have established the causal rel…