EU - Chapter 2 Flashcards
___________, _________, and ___________ are legally binding, whereas ___________ and _________ are not.
regulations, directives, decisions
recommendations, opinions
A ________ is directly applicable in all states.
regulation
A _________ must be transposed into national law and administrative provisions.
directive
__________ defines the EU’s legal acts.
Treaty Article 288
Each member state is free to decide on the nature and contents of texts adopted nationally, but it must achieve the _________ intended results.
directive’s
A _______ applies to those to whom it is addressed.
decision
Proposal from the EC where regulations, directives, and decisions are adopted jointly by the European Parliament and the Council is called ______.
co-decision procedure
The co-decision procedure is defined in _________.
Treaty Article 294
Legislative texts are called _______ directives instead of ________ directives.
commission, council
Medical device directives based on ________ _________ regulatory philosophy.
New Approach
The directive/regulation reference for MDD is …
93/42/EEC
The directive/regulation reference for Medical Devices: active implantable is…
90/385/EEC
The directive/regulation reference for medical devices: in vitro diagnostic is…
98/79/EC
1993 was the date a single market was created. what was the key challenge?
Drafting product-oriented directives to eliminate tech. barriers to trade hindering the free movement of goods in the single market.
Opposite of detailed legislative approach is…
New Approach
The New Approach established principles for …
legalization harmonization
These principles include:
Essential requirements, technical specifications, voluntary application of of harmonized or other standards, products manufactured in compliance with harmonized standards mean conformity with ER.
A qualified majority is…
at least 55% of Council members, comprising at least 15 who represent member states comprising at least 65% of EU population.
A blocking minority is…
at lest 4 council members or the qualified majority shall be attained.
The New Approach principles are applied in MDD as follows…
- Manufacturer must demonstrate its products comply with ER (prove devices perform as intended and patient benefits outweigh risks)
- ER are general in content but detailed technical explanations are found in voluntary harmonised standards (HS).
- Demonstrated compliance with HS creates presumption of compliance w/ corresponding ER.
Compliance with ER confirmed by…
CE mark and DoC once manufacturer convinced achieved compliance w/ MDD w/ TF demonstrating conformity to ER and QS appropriate for risk profile of device.
Can a EU member state oppose CE mark unless…
- device is unsafe (principle of safeguard) or threat to health and safety (precautionary principle) or CE mark is wrongly affixed (failure to comply w/ legal requirements).
CE mark is beginning of compliance as…
MDD impose cyclical clinical evaluation process on manufacturer.
The cyclical clinical evaluation is aimed at…
continuous device improvement and clinical substantiation in TF.
MEDDEV 2.12/2 Rev. 2 is…
Post Market Clinical Follow-up Studies.
MEDDEV 2.12/2 Rev. 2 discusses…
EU guidance on postmarket clinical follow up studies & how manufacturer and NB work together toward goal of improving device’s substantiation.
Clinical evaluation requires…
collection of clinical data to establish device’s conformity with Annex’s I ER for its characteristics & performance under normal conditions of use, evaluation of side effects, and acceptability of B-R profile.
Clinical evaluation means…
process of evaluating clinical evidence to support safety and performance.
Clinical investigation means…
clinical trials which is part of clinical evaluation to substantiate safety & performance not confirmed in literature.
PMCF stands for …
postmarket clinical follow up
NLF stands for …
new legislative framework
NLF means…
package of measures aimed at improving market surveillance & boosting conformity assessment quality.
The practical implication of NLF for medical device industry is…
tightening NB accreditation & creating special requirements for certain economic operators (EO) (D, I, and AR).
The new version of Blue Guide includes detailed guidance on e.g.,
obligations of EO or accreditation, standardization & market surveillance.
EU member states must transpose…
MDD requirements into their national laws and enforce them.
Specific responsibilities of the member states are 4-fold and include…
register manufacturers or AR, assess clinical trial applications, act as CA for NB, and centrally evaluate adverse events.
Member states have what to enforce their responsibilities?
CA
How many member states have common authority for medicinal products and devices?
28
NB are ________ organizations.
certification
NB are…
notified by member states to the commission after 1st being designated by member state.
NB operate on mandates from…
member states after compliance with requirements of MDD Annex XI confirmed.
Responsibilities of NB include:
- assessing manufacturer’s compliance with EU medical device’s requirements; 2. attesting to such compliance by granting certificates; 3. monitoring compliance via periodic scheduled and unannounced audits.
The nature of NB involvement depends on…
product’s class.
A NB will not get involved with class I device unless it’s…
sterile or measuring device.