EU MDR: Medical Device Regulation

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).

The MDR came into force on May 25, 2017.

The amendment to the MDR was published in April 2020, amending the MDR Date of Application to May 26, 2021. Since May 26, 2021, new devices must meet the requirements of the MDR in order to be placed on 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 they may continue to be placed on the market until May 26, 2024 if the manufacturer fulfills the specific prerequisite requirements of the 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.

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.

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.

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 May 25, 2024 applies. If following Article 120 of the MDR, there is no significant change to the device, the class Ir device must be labeled by May 26, 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.

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 May 25, 2025.

TÜV SÜD stopped accepting limited MDD/AIMDD applications and submissions 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 (May 26, 2021) as the additional grace period until May 26, 2024 remains unaffected.

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.

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.

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 organization 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:

Audit and QM System Assessment Services	Hourly rate
Audit	290€
Assessment of Change Notifications and Extensions for Quality systems, MDR	290€
Technical Documentation Assessment Service
Technical Documentation Assessment Offsite	390€

Earlier preparation for MDR/IVDR designation and ongoing implementation efforts for MDR certification services tie up resources which are involved in projects under the current legislative framework. This means that current assessment and certification decision timelines cannot be ensured and must be in most of the cases extended. Please consider this when communicating with your client manager and plan your project following the extended timelines.

TÜV SÜD is currently in a transition phase where we are shifting and preparing our systems and resources to provide services under the new legislative framework. We have had and continue to clarify open questions and implement newly published information about the MDR into our processes.

Since receiving designation and notification as a MDR Notified Body, TÜV SÜD has received a large number of requests for MDR certification. We take our responsibility as a designated Notified Body very seriously and make every possible effort to support a smooth implementation of the regulation and avoid any negative impact on the European healthcare system. It is critical that a continued supply of safe and effective medical devices is available for patients. 

Due to the extensive interest in our services, TÜV SÜD has introduced an online service registration to process your request systematically in an appropriate time. In the event that your company is interested in the certification of your devices according to the Medical Device Regulation with TÜV SÜD, or would like to request further MDR services from TÜV SÜD, please contact us.

Under the MDD/AIMDD, the European Union had agreements in place with other countries like Switzerland and Turkey which provided regulations for different aspects, e.g. the EU authorized representative. Countries like Norway, Iceland and Lichtenstein belong to the EFTA countries and additional agreements are not necessary.

However, no* agreements are finalized between the European Union and Switzerland respectively with Turkey  in regard to the MDR yet. Therefore, if a manufacturer from one of those non-member countries applies for MDR certification with a notified body, they are required to have the following installed till a mutual recognition is valid covering the new legislation:

1. Authorized 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 January 14, 2020. Please always check the latest status regarding agreements between the EU and other non-member countries.