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  • 1.  European regulations (2017/745 & 2017/746) and standards

    Posted 24-Sep-2021 11:15
    Dear all,

    I have a question concerning the date on which a standard, harmonized or not, must be respected, i.e. when it was published, from when does it represent the state of the art? Is there a site that indicates this information?

    Thanks at all for your answer

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    PASCALE
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  • 2.  RE: European regulations (2017/745 & 2017/746) and standards

    Posted 25-Sep-2021 01:00
    Edited by Leonard Eisner 25-Sep-2021 01:00
    Now when Standards are Harmonized in the EU there is no transitions anymore.  So, they would be effective immediatley.

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    Leonard (Leo) Eisner, P.E.
    The "IEC 60601 Guy"
    Principal Consultant, Eisner Safety Consultants
    Phone: (503) 244-6151
    Mobile: (503) 709-8328
    Email: Leo@EisnerSafety.com
    Website: www.EisnerSafety.com
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  • 3.  RE: European regulations (2017/745 & 2017/746) and standards

    Posted 26-Sep-2021 02:41
    Dear Leonard,

    Thanks for your answer, yes for an harmonized standard it must be applied immediately after publication in the EUOJ, but before the harmonization what is the application date,  like ISO 14971:2019 which is not still harmonized the date of application was, if I remember well, the 1st February 2020 and my question is for all the standards that we can use when is it mandatory or advised (state of the art) to applied them after the publication of a new version?

    Thanks for your answer

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    PASCALE
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  • 4.  RE: European regulations (2017/745 & 2017/746) and standards

    Posted 26-Sep-2021 11:15
    Hello Pascale

    Best practice might be to have a defined procedure for timeliness of reviewing new standards. Then when you review them you can assess the gaps and make a risk-based plan for how and when you want to transition to the new state of the art.

    Your notified body might have opinions about your assessment of risk or your definition of timeliness. They'll definitely have an opinion if you appear to be doing nothing at all.

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    Anne LeBlanc
    United States
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  • 5.  RE: European regulations (2017/745 & 2017/746) and standards

    Posted 27-Sep-2021 10:30

    The post says, "for [a] harmonized standard it must be applied immediately after publication in the EUOJ". Is this true?

    Under MDD and many other lists of harmonized standards there is a column "Date of cessation of presumption of conformity of superseded standard" which provides the end of the transition period.

    The first list of MDR harmonized standards doesn't have that column. As I see it, it could be for two reasons. My expected reason is that, for the time a standard appears on the list there is no superseded standard, so the column would be blank, However, when a standard is superseded eventually, the column will reappear. My unexpected reason is a change in the approach from a transition period to immediate and overnight implementation.

    The immediate and overnight approach applied to EN ISO 14971:2012. The reason given was that all manufactures already comply with the MDD, so the new version of the standard had no new information. It turned out that, for nearly all manufactures, the assumption did not hold.



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    Dan O'Leary CQA, CQE
    Swanzey NH
    United States
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  • 6.  RE: European regulations (2017/745 & 2017/746) and standards

    Posted 27-Sep-2021 11:29
    As you indicate, the current lists of harmonized standards, according to the regulations, do not have a deletion date and application date column and I do not know either, if it is because these standards are for the first time harmonized standards under the regulations or if it is because as soon as they are published in the OJ they are considered to be in application, this will be seen during the updates, but as of today, as soon as a standard is harmonized under the regulations, i.e. is published in the OJ, it enters in application.

    One question I have is about standards that are not yet harmonized, from when do they represent the state of the art? I always give the example of the ISO 14971:2019 standard which is not harmonized either under the directives or under the regulations and yet for NBs represents the state of the art and therefore must be applied. Who decides this and where can this information be found?

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    PASCALE
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  • 7.  RE: European regulations (2017/745 & 2017/746) and standards

    Posted 27-Sep-2021 12:45
    Edited by Kevin Randall 27-Sep-2021 12:49
    Check out MDCG-5.  Therein it is stated that, "The most recent editions of standards published by the [European standardizers] should be considered as reflecting state-of-the-art...". [emphasis added]

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    Kevin Randall, ASQ CQA, RAC (Europe, U.S., Canada)
    Principal Consultant
    Ridgway, CO
    United States
    © Copyright 2021 by ComplianceAcuity, Inc. All rights reserved.
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  • 8.  RE: European regulations (2017/745 & 2017/746) and standards

    Posted 27-Sep-2021 13:00
    The reason the current EU MDR harmonized standards list doesn't have the column "Date of cessation of presumption of conformity of superseded standard" is because the current list contains the inaugural harmonized versions of those standards for the purposes of the EU MDR.  In effect, there are no superseded EU MDR harmonized standards yet.  Remember that the prior harmonizations of those standards for the purposes of the MDD are not germane to their harmonization for the EU MDR.

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    Kevin Randall, ASQ CQA, RAC (Europe, U.S., Canada)
    Principal Consultant
    Ridgway, CO
    United States
    © Copyright 2021 by ComplianceAcuity, Inc. All rights reserved.
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  • 9.  RE: European regulations (2017/745 & 2017/746) and standards

    Posted 28-Sep-2021 03:11
    Thanks a lot at all for the valuate discussion.

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    PASCALE
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