Annex XII (CE Marking of Conformity) of Council Directive 93/42/EEC, a.k.a., the Medical Device Directive (MDD), is all about the Mark, the whole Mark, and nothing but the Mark.
- If the marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.
- The various components of the CE marking must have substantially the same vertical dimension, which may not be less than 5 mm.
- This minimum dimension maybe waived for small-scale devices.
- The CE Mark and registration number belong to the notified body. It is through their good graces that device manufacturers have permission to affix the CE Mark to their product.
- The first step in the CE Mark adventure, apart from developing a medical device that is safe and effective, is to establish a Quality Management System (QMS) that is compliant with ISO 13485:2003.
- Applications for Class IIa and IIb devices require a technical file to be compiled. Chances are pretty darn good the notified body will want to review the technical file. Long gone are the days of “just trust us” and “self-certification.”
- Applications for Class III devices require a design dossier to be compiled. The notified bodies are required to review the design dossier.
- The notified bodies will assess a device manufacturer’s QMS and issue a certificate stating compliance, if the QMS is deemed in compliance with the standard.
- Regardless of device classification or rule, medical devices must conform to their established essential requirements. In fact, an Essential Requirements Checklist (ERC) is a salient requirement for all submissions.
- The Chief Jailable Officer (CJO) will need to review, approve, and sign a Declaration of Conformity (DoC) for each of the devices and/or device families submitted to the notified body for review. A copy of the DoC shall be placed into the technical files and design dossiers.
- It is a violation of European law to ship medical devices into the EU, for commerce, without a CE Mark.
- It is a violation of European law to ship medical devices into the EU, for commerce, with a wrongly affixed CE Mark.
- Device manufacturers are not permitted to affix a CE Mark until all of the appropriate documentation and approvals have been received from their notified body.
- If it has been determined through vigilance reporting or some other means that devices shipped into the EU are not safe and effective, device manufacturers must take immediate action. The notified body can force the removal of the CE Mark from the offending product.
- If a device manufacturer fails to maintain their QMS in accordance with ISO 13485:2003; and in accordance with the Annexes of the MDD, the notified body can force the removal of the CE Mark from product.
- Finally, no CE Mark means zero (0) medical-device sales revenue coming from the EU, in short, “No Mark, No Money.”
- If the device manufacture decides to enlarge the CE Mark or shrink the CE Mark, the proportions of the mark must be sustained. In short, device manufactures cannot have: (a) a big C followed by a little E; (b) a little C followed by a big E; (c) a fat C followed by a skinny E; (d) a skinny C followed by a Fat E; (e) or any combination of a through d.
- The Annex prescribes a minimum vertical dimension of 5 mm for the CE Mark.
- If it is not possible to meet the 5 mm requirement due to space constraints, the CE Mark can be reduced in size; however, the proportions must be maintained in accordance with bullet-point one.
References:
- Council Directive 93/42/EEC. (1993, June). Council Directive 93/42/EEC concerning medical devices. Retrieved December 21, 2010, from http://eur-lex.europa.eu
- Devine, C. (2009, July). Exploring the effectiveness of defensive-receiving inspection for medical device manufacturers: a mixed method study. Published doctoral dissertation. Northcentral University. Prescott Valley, AZ.
- Directive 98/79/EC. (1998, October). Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices, Retrieved September 12, 2011, from http://eur-lex.europa.eu
- EN ISO 13485:2003. (2004, February). Medical devices – quality management systems – requirements for regulatory purposes (ISO 13485:2003).