FAQs - Medical Device Regulation (MDR)

The EU's Medical Device Regulation (MDR) was officially published on 5 May 2017 and came into force on 25 May 2017. The MDR will replace the EU’s current Medical Device Directive (93/42/EEC) and the EU’s Directive on active implantable medical devices (90/385/EEC).

Below are the frequently asked questions regarding MDR and TÜV SÜD’s MDR services.

1. WHAT IS THE MEDICAL DEVICE REGULATION (MDR)?

The Medical Device Regulation (MDR) will replace the EU’s current Medical Device Directive (93/42/EEC) and the EU’s Directive on active implantable medical devices (90/385/EEC).

2. WHEN WAS THE MDR IMPLEMENTED?

The MDR came into force on 25 May 2017.

3. WHEN DO MEDICAL DEVICE MANUFACTURERS NEED TO COMPLY TO THE NEW MDR?

The amendment to the MDR was published in April 2020, amending the MDR Date of Application to 26 May 2021. From 26 May 2021, new devices will have to meet the requirements of the MDR in order to be placed in the European market. Devices holding a certificate from a European Notified Body under either the Medical Device Directive (93/42/EEC) or the Active Implantable Medical Devices Directive (90/385/EEC) have an additional grace period and may continue to be placed on the market until 26 May 2024 if the manufacturer fulfil the specific prerequisite requirements drawn in the MDR.

4. WHAT ARE THE KEY CHANGES IN THE NEW MDR?

Some of the key changes include:

• Product scope expansion. The definition of medical devices and active implantable medical devices will be significantly expanded to include devices that do not have a medical intended purpose.
• Reclassification of devices according to risk, contact duration and invasiveness. The MDR will require device manufacturers to review the updated classification rules and update their technical documentation accordingly by considering the fact that class III and implantable devices will have higher clinical requirements and a regular scrutiny process.

• More rigorous clinical evidence for class III and implantable medical devices. Manufacturers will need to conduct clinical investigations in case they do not have sufficient clinical data to support the claims done on both safety and performance of a dedicated device.
• Systematic clinical evaluation of Class IIa and Class IIb medical devices. Manufacturer will need to re-prepare their clinical evaluation by considering the new wording of the regulation on when an equivalence approach and under which circumstances it is possible to justify not conducting a clinical investigation. 
• More stringent documentation.
• Identification of ‘person responsible for regulatory compliance’
• Implementation of unique device identification for better traceability and recall
• More rigorous surveillance by Notified Bodies to reduce risks from unsafe devices
• Greater Scrutiny of Notified Bodies
• No “grandfathering” provisions. All currently certified medical devices and active implantable medical devices must be recertified in accordance with the new requirements.

5. WHAT ARE THE IMPLICATIONS OF THE NEW MDR FOR MEDICAL DEVICE MANUFACTURERS?

The complex development process for medical devices, combined with the changes, make the transition a complicated and time-consuming process for most device manufacturers.

Because of these complexities, medical device manufacturers are well-advised to stay current on the progress of the MDR. Since a large number of medical devices are expected to require Notified Body review and delays in the review and certification process by the Notified Body should be expected. Manufacturers of currently certified devices are therefore advised to consult with their respective Notified Body to evaluate potential compliance issues and to develop a plan to address them promptly. Advanced preparation and early action will be the key to ensuring a smooth transition to the new requirements.

6. WHAT IS A SIGNIFICANT CHANGE UNDER MDR TRANSITIONAL PROVISIONS, ARTICLE 120?

The Medical Device Coordination Group (MDCG) has published MDCG 2020-3, Guidance on significant changes regarding the transitional provision under Article 120 of the MDR with regard to devices covered by certificates according to MDD or AIMDD. TÜV SÜD will be following the definition of significant changes outlined in the MDCG guidance.

7. FROM WHEN DOES THE NUMBER OF THE NOTIFIED BODY NEED TO APPEAR ON CLASS I REUSABLE DEVICES?

If the 2nd Corrigendum to Regulation (EU) 2017/745 applies to the MDD Declaration of Conformity of a class Ir reusable surgical instrument, a grace period for continued placement into the market until 25 May 2024 applies. If following Article 120 of the MDR, there is no significant change to the device, the class Ir device must be labelled by 26 May 2024 at the latest. Significant changes such as device design or intended use changes (impacting reprocessing) may be initiated/implemented under MDD until the MDR Date of Application.

8. DO I NEED TO RECALL CLASS I REUSABLE DEVICES TO RE-LABEL THEM? 

No, you do not need to recall class I reusable devices which are placed on the market under the MDD before the Date of Application of the MDR. In general, devices that have been lawfully placed on the market under the MDD/AIMDD before the MDR Date of Application, can be made available and put into service until 25 May 2025.

9. HOW LONG WILL TÜV SÜD ACCEPT SUBMISSIONS FOR MDD CERTIFICATE RENEWALS?

TÜV SÜD will accept limited MDD / AIMDD applications and submissions until the end of October 2020. This includes renewals and change notifications. Our general recommendation would be for clients to apply for MDR certification despite the new MDR Date of Application (26 May 2021) as the additional grace period until 26 May 2024 remains unaffected. 

10. WHERE CAN I GET MORE INFORMATION ABOUT MDR?

Download our guide on the expected changes of the MDR here. You can also follow the TÜV SÜD LinkedIn showcase page for Healthcare & Medical Devices for the latest information.

11. HOW DO I PREPARE FOR THE MDR?

In preparing for the MDR, it is important to inform yourself about the requirements and deadlines of the new MDR. A guide on the key changes of the MDR is available here. Additionally, it is important to perform an assessment of how your current product portfolio may be impacted by the new regulations.

12. WHAT IS THE MDR IMPACT ON CERTIFICATION COST?

The MDR application, auditing and designation process required a large amount of effort from Notified Bodies, creating various unexpected costs that will be reflected in the future pricing for relevant services. Moreover, for the new regulation, Notified Bodies are required to restructure their organisation and increase resources to provide relevant services thus increasing production costs. MDR demands higher regulatory oversight which requires additional and regular assessment, resulting in higher total certification costs within a period of 5 years.

The following standard fees apply for the conformity assessment activities rendered out from Germany:

13. HOW IS THE MDD-AIMDD/MDR TRANSITION AFFECTING TÜV SÜD’S REVIEW CYCLES OF CURRENT PROJECTS?

14. WHEN CAN TÜV SÜD PROVIDE MDR SERVICES? 

15. AS A EUROPEAN MANUFACTURER FROM A NON-MEMBER COUNTRY, CAN I APPLY FOR MDR CERTIFICATION WITH TÜV SÜD? IS THERE ANYTHING I WOULD NEED TO TAKE NOTE OF?

1. Authorised representative established within one of the EU 27 Member States
2. PRRC in the EU 27 Member States which permanently available for their AR (see guidance MDCG 2019-7)
3. Importer established within one of the EU 27 Member States

* This information is accurate as of publication on 14 Jan 2020. Please always check the latest status regarding agreements between the EU and other non-member countries.