Regulatory Open Forum

 View Only
  • 1.  CE versus UKCA certification

    Posted 02-Aug-2023 10:02

    Dear Community,

    On 1 August 2023, the UK government published its decision to extend allowing CE marking indefinitely. For most of the product categories, this will mean they don't have to go through UKCA certification if they are already CE certified. Some product categories are not included, among them medical devices and IVDs. In my view, it is only a matter of time before CE marking will be allowed indefinitely for these devices. The reason for that is, that the decision to keep allowing CE on products placed on the Great Britain market will put UK Approved Bodies out of most of their business overnight, and manufacturers have been investing in UKCA marking of their products wasted a lot of money. Considering the capacity issues the EU is facing with notified bodies in the MedTech industry, it can be expected that Great Britain will have an even bigger certification problem unless UKCA marking becomes a rubber stamping exercise. 

    My educated guess about what to do is that manufacturers of medical devices and IVDs should wait with their UKCA certification until it is crystal clear what is going to happen. And even then, it may be a smart strategy to avoid being the first to certify for UKCA. Under current chaotic conditions, it cannot be expected that the industry anticipates on wishful thinking of politicians. 



    ------------------------------
    Ronald Boumans
    MDR Expert
    Super PRRC
    Netherlands
    ------------------------------


  • 2.  RE: CE versus UKCA certification

    Posted 03-Aug-2023 02:00

    Hello there,

    I saw that too Ronald and just went ... ho-hum :).  I definitely, strongly agree with your recommendation waiting until MHRA have clearly identified what is happening with UKCA certification to medical devices and IVDS and when/if the new regulation being published.  As I have been telling companies for some time now, there is a current regulation from 2002 (with some amendments) but without a clear path on the new regulation, it would be prudent to be patient.



    ------------------------------
    Richard Vincins ASQ-CQA, MTOPRA, RAC
    Vice President Global Regulatory Affairs
    ------------------------------



  • 3.  RE: CE versus UKCA certification

    Posted 03-Aug-2023 02:30

    Hi Richard,

    Good to see we agree on this, and how awkward to see we are both telling companies to kick the can down the road. Brexit certainly makes people do strange things… 



    ------------------------------
    Ronald Boumans
    MDR Expert
    Super PRRC
    Netherlands
    ------------------------------



  • 4.  RE: CE versus UKCA certification

    Posted 04-Aug-2023 03:49

    Hi,

    I totally agree that with the UKCA regulatory landscape currently shrouded with this level of uncertainty, waiting and watching to see how things unfold is the most logical option.

    Having said that, unfortunately the ship already left the harbour for some manufacturers who went through the hoops earlier on to get the UKCA certification...

    Unfortunately, what we have to show for it now is literally almost being jeered at for taking the decision to be complaint at the first opportunity.

    What an irony of life? Maybe, there is still a lesson to learn in all these... 



    ------------------------------
    Abi Bamigbade
    Head of Quality and Regulatory Affairs
    Kays Medical Ltd, UK.
    ------------------------------



  • 5.  RE: CE versus UKCA certification

    Posted 05-Aug-2023 03:16

    I think this can also be seen as a prisoners dilemma. Suppose MHRA announces new regulations, including a deadline for UKCA certification to become mandatory. Manufacturers that go for early certification have the most certainty of becoming UKCA certified. However, if enough manufacturers wait until the very end, this may allow CE on the UK market for an extended period, maybe even permanent.

    For now, I get the feeling most companies are tuning down their UKCA investments. RAPS colleagues, what do you think?



    ------------------------------
    Ronald Boumans
    MDR Expert
    Super PRRC
    Netherlands
    ------------------------------



  • 6.  RE: CE versus UKCA certification

    Posted 07-Aug-2023 08:41

    I would agree with you Ronald. I would estimate (based on instinct, feedback from BSI and the progression of UK Approved Bodies) that most manufacturers are taking the approach of wait and see / get MDR/IVDR out of the way first. The MHRA seem to be changing their mind about some of the implementation steps (e.g. a paragraph removed from their guidance on legacy CE marked devices that hinted that they would not accept any new or renewed CE certs after July 2025 - estimated date of implementation of new framework), so it may still be the case that earlier adopters may reap some benefit in the long run.



    ------------------------------
    Ed Ball
    Manager, Intelligence & Innovation
    United Kingdom
    ------------------------------