Regulatory Open Forum

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  • 1.  CE authorised rep address

    Posted 13-Nov-2017 19:29

    Hi,

     

    For marketing a class I medical device in EU , is it necessary to have the CE authorised rep address?

     

    This device  is manufactured by a third party manufacturer for us.  The labelling mentions the manufacturer as the third party .This manufacturer does not have a authorised EU rep. Is it necessary to have our EU rep address instead or is it not necessary ?

     

    Thanks & Regards,

     

    Rashmi Pillay
    Regulatory Affairs Associate


    Ellex 

    3-4 Second Avenue

    Mawson Lakes SA, 5095

     

    T + 61 8 7074 8105
    rpillay@ellex.com

    W ellex.com

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  • 2.  RE: CE authorised rep address

    Posted 13-Nov-2017 20:29
    Edited by Kevin Randall 13-Nov-2017 20:29
    ​Pursuant to MDD 93/42/EEC Article 14: If a manufacturer who places a device on the market under his own name does not have a registered place of business in a Member State, then he shall designate a single authorised representative in the European Union.

    ​Pursuant to MDD 93/42/EEC Article 1:  The manufacturer is the natural or legal person with responsibility for the design, manufacture, packaging and labelling of a device before it is placed on the market under his own name, regardless of whether these operations are carried out by that person himself or on his behalf by a third party.

    Pursuant to MDD 93/42/EEC Annex I, Chapter I, Sections 13.3(a) and 13.6(a), the label and, where appropriate, the directions for use, must bear the manufacturer's name and address as well as the name and address of the manufacturer's authorized representative.

    Deciding who is the "manufacturer" can sometimes seem a little tricky.  But the most straight-forward scenario is where the manufacturer is the one who owns/controls the design.  Such a manufacturer typically puts his own name on the labeling instead of a third party's, even if the product is contract-manufactured on his behalf by a third party.  In that scenario, the contract manufacturer doesn't need to be identified on the label. 

    By comparison, there is an arrangement traditionally called "own-branding" wherein the own-brander's name appears on the label, thus making him the "manufacturer" even though such entities are oftentimes just wholesalers with no manufacturing expertise or capabilities at all.  For many years there was a relatively abbreviated approach to complying with 93/42/EEC in this scenario.  But the European Commission's October 2013 Recommendation 2013/473/EU "significantly amended expectations for manufacturers who don't design or manufacture devices but place their names on the product as the manufacturer" (MHRA March 2017).  If that is your scenario, then you may want to provide us with more details so that the forum can comment accordingly.

    Hope this helps.



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    Kevin Randall, ASQ CQA, RAC (Europe, U.S., Canada)
    Principal Consultant
    ComplianceAcuity, Inc.
    Golden CO
    United States
    www.complianceacuity.com
    Copyright 2017 by ComplianceAcuity, Inc. All rights reserved.
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  • 3.  RE: CE authorised rep address

    Posted 14-Nov-2017 10:19
    Not only do you need to include the name and full address of your Authorized Representative in the EU, Class 1 devices also need to be registered with the Competent Authority in their country.  I suggest that you review MDEG – 2009–12-01 MSOG Class I_Guidance  which summarizes responsibilities for the legal manufacturer and authorized representative. 
    You can find it here:  http://ec.europa.eu/consumers/sectors/medical-devices/files/guide-stds-directives/notes-for-manufacturers-class1-09_en.pdf

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    Stacey Henning
    Principal Specialist, Regulatory Affairs
    Chicago, IL United States
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  • 4.  RE: CE authorised rep address

    Posted 15-Nov-2017 07:00
    Also, the EC Rep listed on the label must be the EC Rep of the legal manufacturer. You mentioned the production plant is listed as the manufacturer on the label. Whomever is listed by the "manufactured by" symbol is legally responsible, therefore their associated EC Rep should be listed. If you are the legal manufacturer, then your EC Rep should be listed on the label. It all comes down to down which company holds the regulatory responsibility for the product.

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    Melinda Smith, MS, RAC, CBA
    Woodstock GA
    United States
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  • 5.  RE: CE authorised rep address

    Posted 15-Nov-2017 16:43
    ​Thanks for your responses forum.

    Another question related to the subject but a different issue- If a manufacturer has his distributor office in the EU , does this relieve him of his responsibility of having an authorised EU rep . Can the distributor office (subsidiary of the manufacturer) serve as the EU rep instead?

    Regards,

    Rashmi

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    RashmiEllex MedicalAdelaideAustralia
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