Theme Specific additional procedures
Target audience Notified Bodies, Manufacturers
Products concerned ·       Devices containing a substance which may be considered a medicinal product and which has action ancillary to that of the device

·       Devices manufactured utilising tissues of animal origin which are susceptible to transmissible spongiform  encephalopathy  (TSE)

Regulatory references MDR (EU) 2017/745

Article 52(9)

Annex IX section 5.2 and 5.3.2

Regulation (EU) 722/2012

This document explains what the Notified Body must do during the first certification to the Regulations for devices  which already underwent a consultation under the directives:

  • For MD which incorporate a substance which may be considered as a medicinal product, and whose action is ancillary to that of the MD, the Notified Body must seek a scientific opinion from a national competent authority or EMA (European Medicines Agency) for the medicinal product part before issuing a certificate of conformity.
  • For MD manufactured utilising tissues of animal origin which are susceptible to transmissible spongiform encephalopathy (TSE), the Notified Body must, through their competent authority of its, carry out a consultation of the other competent authorities and the Commission before issuing a certificate of conformity.