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  • 1.  Submitting to MDD versus MDR- Timelines and Sentiments

    This message was posted by a user wishing to remain anonymous
    Posted 09-Jul-2019 13:41
    This message was posted by a user wishing to remain anonymous

    Hello all,

    I am wondering what the timeline is to submit to MDD instead of MDR. I have a few questions on this point:
    -Is there a date of which no more MDD conformity assessments will be allowed for new devices? Is it May 2024?
    -Can notified bodies not certified under EU MDR but certified under MDD still perform conformity assessments and CE marking for devices under the MDD?
    -Even if the NB are able to accept conformity assessments under MDD, are they still accepting them for new devices or have they elected to stop? For MDD certified NB? For MDR certified bodies?
    -What are the sentiments regarding applying under the MDD and utilizing the grace period versus applying under the EU MDR and waiting in the backlog?
    -Is there a way to request a conformity assessment date under EU MDR?


  • 2.  RE: Submitting to MDD versus MDR- Timelines and Sentiments

    Posted 10-Jul-2019 05:56
    Hello Anon,

    All of these questions need to be posed to your selected Notified Body because all of them are different.  No more MDD conformity assessment can be done after May 2020, though in addition many Notified Bodies are no longer offer renewal or new MDD certs today.  Maybe some Class I sterile or Class I measuring devices, but if you have a Class III you are looking only at EU MDR.  There are only two (2) NB currently designated to MDR and heard actual audits not starting for another couple months.  Again, this depends on the Notified Body so requesting a conformity assessment date under EU MDR depends highly on the NB, whether they are designated, when they will get designated, and your position in the queue once you send in an application.

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    Richard Vincins RAC
    Vice President Global Regulatory Affairs
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  • 3.  RE: Submitting to MDD versus MDR- Timelines and Sentiments

    Posted 10-Jul-2019 15:44
    EU's New MDR will start being applied in May 2020. Technically you could submit an old MDD application before then thus benefiting from the less stringent old rules, and then upgrading once the MDR system is fully operational. However, this strategy is just delusional for at least two reasons:
    1. UK-based NBs will no longer be recognized by the EU after Brexit so BSI, for example, urged manufacturers to submit MDD CE application no later than March this year as submitting an MDD CE-Marking application after March could be stalled in backlog and won't be granted the MDD CE cert in time to beat the MDR deadline. Some even said in retrospect they should have made the cutoff Jan 1. 
    2. On the bright side, BSI got a contingency plan that BSI- Netherlands achieves designation for MDR filings so that clients have a fallback. It is expected that at the earliest manufacturers can apply for CE-Marking under the new MDR is in Q3 this year. But again, given the bottleneck in NB's capacity and their lack of MDR reviewing experience all device manufacturers face a real challenge. Particularly, timing will be of utmost importance for all of us.

    Just to echo Richard, you should address all your concerns directly with your NB as the answers will be different depending on your NB's current capacity/status. 



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    Jo Huang RAC
    Sr. Regulatory Affairs Specialist
    Athens TX
    United States
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  • 4.  RE: Submitting to MDD versus MDR- Timelines and Sentiments

    Posted 23-Jul-2019 12:44

    Apologies for the late input here, however I think it is valuable.  There are several items to note in the current regulatory environment.  I'll begin with Brexit.  We currently have an extension through October 2019.  The assumption that UK Notified Bodies will no longer exist post-Brexit is not entirely accurate.  If a Brexit deal is negotiated such that mutual recognition is agreed upon, then UK Notified Bodies may have the same status as they have today.  Ultimately, there are several scenarios that could take place and it is prudent for manufacturers and Notified Bodies to understand the risks associated with all contingencies and prepare accordingly.  As noted, BSI has done so already.

     With the current extension to Brexit, BSI is accepting MDR applications from its existing clients at this time through its designated UK office although as we all learn the new process together, the initial launch of the MDR system is limited so we can navigate these new waters carefully.

     New applications under the MDD are quite limited as the timescale for application, review, assessment of technical documentation, recommendation, and certificate issuance is very short.  I would highly recommend that any manufacturer work very closely with its notified body to build on its current MDD knowledge base to map a pathway to MDR that makes the most sense.  There are pragmatic resolutions to any situation, we simply need to work together to define that path.  As always, please feel free to reach out to me directly for any assistance I can provide. 

     

    Respectfully,

     Bill Enos

    Senior Commercial Operations Director

    BSI Regulatory Services (Medical Devices) Americas



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    Bill Enos
    Senior Commercial Operations Director
    BSI Regulatory Services (Medical Devices
    Americas
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