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AFSSAPS "List of regulatory positions and qualifications" now includes a table of contents, and is split into two chapters: i. issues relating to the regulatory procedures II. Issues relating to the status or the class of a product last updated: September 23, 2011 (Available only in French) Download

 

ROHS directive: The Council conducted on May 27, 2011 the revision of the directive on hazardous substances in electrical and electronic equipment. Now, the protection against hazardous chemicals is extended to more electrical appliances. Legislation, originally adopted in 2003, prohibits the use of six hazardous substances (including lead, mercury and cadmium) in electrical and electronic equipment. In the revised legislation, the prohibition is extended to many more products and it is harmonized throughout the EU: ban apply now, in principle, to all electrical and electronic equipment as well as cables and spare parts. However certain transition periods are planned: three years for medical devices and control and monitoring instruments, six years and five years for in vitro diagnostic medical devices and six years for industrial control equipment. DIRECTIVE 2011/65/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 8 June 2011  on the restriction of the use of certain hazardous substances in electrical and electronic equipment  (recast) Download

 

European Community: Manual on borderline and classification in the community regulatory framework for medical devices Version 1.10 August 2011  Download

 

FRANCE AFSSAPS Communication of IIa, IIb, III class medical devices and AIMDD  Communication Form for placing medical devices into service (in conformity with french law articles L.5211-4, R.5211-66) Form last updated May 2011 Download Notice last updated July 2011 Download

 

European Medical Device Usability Requirements (EN 62366) Manufacturers marketing medical devices in Europe need to be able to demonstrate compliance with the newly clarified usability requirements introduced by Directive 2007/47/EC.

 

EUROPE Directive “Recast” The EU Commission has completed (September 2011) the Impact Assessment of the medical devices directive revision, which is a prerequisite. All EU Commission sources indicate the draft Regulation is expected to be published in April or May 2012. At that time, the Impact Assessment will also be released. It is believed that the draft text will include within its scope the following previously unregulated: products with non-viable human tissue or cells, aesthetic products, in-house laboratory test, genetic tests with a diagnostic purpose. Additionally, a decision about reprocessing single use devices is expected. The Commission is also considering enhanced engagement of Competent Authority post-marketing safety through central reporting of incidents by manufacturers and more consistent review and assessment of vigilance. To address long-standing issues of inconsistency among Notified Bodies, it was suggested that increased oversight of Notified Bodies is needed by stipulating minimum requirements as well as more consistent designation and monitoring, perhaps by a European group. For the administrative, technical, and support entity, the EU Commission presented two possible candidates for a centralized agency, a group within the European Medicines Agency (EMA) or within the Joint Research Centre (JRC).(Source EMERGO)

 

European Commission publishes draft regulation on electronic instructions for use of medical devices on June 2011 Download

 

USA FDA Medical Device Pre-Market Programs: An Overview of FDA Actions - Executive Summary October 2011 Download

 

IEC / 606011 and related standards: the third edition of the standard IEC / in 606011 presents a genuine evolution in the approach based on risk analysis as in its application by certification bodies. The third edition of the standard IEC / in 606011 allows the manufacturer to define the acceptable level of risk, while respecting the general requirements for basic safety. Further reference is made now to the operator environment. The general standard in this family, EN 60601-1, currently has two versions published which are based on the "2nd Edition" and "3rd Edition" of IEC 60601-1. At the present time, both the "2nd Edition" and "3rd Edition" are harmonized against the Medical Devices Directive (MDD) and therefore provide a presumption of conformity with the relevant Essential Requirements (Annex I of the MDD). However, EN 60601-1 "2nd Edition" loses its harmonized status with the MDD on June 1, 2012, so this will no longer offer this presumption of conformity or be considered the state of the art.

 

Harmonized standards for Medical Devices (last update 19 August 2011) Download

 

 

 

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HARMONIZED STANDARD FOR MEDICAL DEVICES Last Update July 14, 2010 

 

EUDAMED European Commission Decision of 19 April 2010 on the European Databank on Medical Devices (Eudamed) Download

 

FRANCE TRANSPOSES THE DIRECTIVE ON MEDICAL DEVICES AND PUBLISHES THE DECREES OF APPLICATION

Decree of March 15, 2010 amending the Decree of April, 20 2006 related to the rules for classification of medical devices, under article R. 5211-7 of the French code of public health Download

Decree of March 15, 2010 related to the conditions of implementation of the essential requirements for medical devices under article R. 5211-24 of the French code of public health Download

Decree of March 15, 2010 related to the procedures of conformity certification as defined in article R. 5211-39 to R. 5211-52 under article R. 5211-53 of the French code of public health Télécharger

 

Class IIa, IIb, III and AIMD medical devices: New modalities of registration for FRANCE (French only).  Decree n° 2010-270 (march 15, 2010) related to the clinical evaluation of medical devices and communications of data to the French agency for the sanitary security of health product (AFSSAPS) Download Decree Download AFSSAPS Guideline  FAQ Download  Help form

 

REIMBURSEMENT OF MEDICAL DEVICES IN FRANCE (French only)  Declaration of “LPP” codes Decree n° 2010-247 (mach 10, 2010) and new modality of registration Download the Decree, FAQ , LPP declaration guidance

 

CLINICAL EVALUATION Publication of the revised version of MEDDEV 2.1.7 “Clinical evaluation” Download

 

CLINICAL INVESTIGATIONS IN FRANCE: New modalities of declaration (French decrees February 2009) To access the forms

 

REACH Registration, Evaluation, Authorisation and Restriction of Chemical substances.

REACH is a new European Community Regulation on chemicals and their safe use (EC 1907/2006). It deals with the Registration, Evaluation, Authorisation and Restriction of Chemical substances. The new law entered into force on 1 June 2007.

The aim of REACH is to improve the protection of human health and the environment through the better and earlier identification of the intrinsic properties of chemical substances. At the same time, innovative capability and competitiveness of the EU chemicals industry should be enhanced. The benefits of the REACH system will come gradually, as more and more substances are phased into REACH.

The REACH Regulation gives greater responsibility to industry to manage the risks from chemicals and to provide safety information on the substances. Manufacturers and importers will be required to gather information on the properties of their chemical substances, which will allow their safe handling, and to register the information in a central database run by the European Chemicals Agency (ECHA) in Helsinki. The Agency will act as the central point in the REACH system: it will manage the databases necessary to operate the system, co-ordinate the in-depth evaluation of suspicious chemicals and run a public database in which consumers and professionals can find hazard information.

The Regulation also calls for the progressive substitution of the most dangerous chemicals when suitable alternatives have been identified. For more information read: REACH in Brief.

REACH provisions will be phased-in over 11 years. Companies can find explanations of REACH in the guidance documents and can address themselves to a number of helpdesks.

 

 

RECAST OF THE MEDICAL DEVICES DIRECTIVES  Public CONSULTATION

The Commission is considering a revision of the legal framework in Europe for Medical Devices in order to improve and strengthen this framework and to meet the growing expectations of European citizens. In line with the Commission’s policy on consultation, the Commission has prepared a public consultation in the form of a questionnaire in which stakeholders are invited to comment on the main issues

 

DIR 2007/47/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 September 2007 amending Council Directive 90/385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices, Council Directive 93/42/EEC concerning medical devices and Directive 98/8/EC concerning the placing of biocidal products on the market Download Dir 2007/47  Download consolidated version of Dir 93/42

 

Publication of Directive 2007/47/CE of the European Parliament and of the Council of 5 September 2007 amending Council Directive 90/385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices, Council Directive 93/42/EEC concerning medical devices and Directive 98/8/EC concerning the placing of biocidal products on the market Download

 

Reinforcement of the surveillance of Medical devices with a high potential of risks for human health  FRANCE AFSSAPS June 2007 Download 

database

 

FRANCE AFSSAPS November 2007 Free sale certificate for medical devices – Procedure and guidance Download

 

 

 

REGULATION OF MEDICAL DEVICES OF ANIMAL ORIGIN IN FRANCE

French Decree of December 4, 2006 modifying the decree of September 13, 2005 relating to the detailed specifications specifying the essential requirements to which must conform the medical devices manufactured using animal origin tissue   Download

 

PUBLICATIONS OF THE FRENCH DECREES RELATING TO BIOMEDICAL RESEARCH

Decree of August 16, 2006 fixing the contents, the format and methods of presentation at the French Agency of medical safety of the products of health (AFSSAPS) of request for authorization of biomedical research relating on a medical device or a medical device of in vitro diagnostic device Download

Decree of August 16, 2006 fixing the contents, the format and methods of presentation of the request for opinion at the committee of protection of the people on a biomedical research project relating on a medical device or a in vitro diagnostic device Download

Decree of August 16, 2006 relating to the contents and the methods of presentation of a protocol of biomedical research relating on a medical device or a  in vitro diagnostic device Download

Decree of August 16, 2006 relating to the contents and the methods of presentation of a booklet for the investigator of a biomedical research relating on a medical device or or a  in vitro diagnostic device Download

Decree of August 25, 2006 fixing the scale and the methods of covering of the tax and the additional fee envisaged at the article L. 1123-8 of the code of the public health Download

GOOD MANUFACTURING PRACTICE Decision of May 26, 2006 modifying the decree of modified May 10, 1995 relating to good manufacturing practice Download

 

BIOMEDICAL RESEARCH IN FRANCE Decree n° 2006-477 of April 26, 2006 relating to biomedical research  Download decree  Download modified text

 

REVISION OF EC 93/42 DIRECTIVE

A public web Consultation on the Proposal was closed on the 25/06/2005. The text of the Proposal (Download) and a summary report on the responses to the consultation is now available Download.

 

REGULATION OF MEDICAL DEVICES OF ANIMAL ORIGIN IN FRANCE

The regulation governing the clearance of the medical devices of animal origin has been just supplemented. The evaluation of the viral risk and spongiform encephalopathies transmission realized in a systematic way by the AFSSAPS in transferred to DEDIM and does not necessitate any more the establishment of lists of medical devices having received a favorable opinion as for viral safety.

 

REVISION HURIET’S LAW  - ¨PHASE CONTROLS WHILE WAITING FOR THE PUBLICATION OF THE DECREES OF APPLICATION (SOURCE AFSSAPS)

Within the framework of the transposition in national law directive 2001/20/EC relating to the clinical trials, certain legislative provisions were modified in France (law relating to the policy of public health n° 2004-806 of August 9, 2004). These provisions will come into effect only as from the moment when the decrees necessary to their applications will be published, they will relate to all the products of health and the cosmetics

In preparation with the effective application of the legislative provisions and decrees, transitional measures are proposed by AFSSAPS allowing thus all the promoters who wish it, to carry out the clinical trials of medical devices according to methods' close to those envisaged by these provisions. The purpose of this pilot phase by simulating the future phase of authorization is essential to check on the one hand, if the contents of the files to be subjected are adapted and applicable to the various situations starting from the gained experience and, in addition, to check the feasibility of the system of a first evaluation within 30 maximum day.

The new legislative and lawful framework of biomedical research relating to the medical devices the phase controls Download

Information and procedures concerning the phase controls evaluation of clinical trials of medical devices Download

List documents required by AFSSAPS for a request for evaluation of a clinical trial of medical device within the framework of the Pilot phase simulating a request for authorization of clinical trial of medical device according to methods' envisaged by the law relating to the policy of public health and its decrees of application .Download

 

2005/50/EC DIRECTIVE

of 11 August 2005 on the reclassification of hip, knee and shoulder joint replacements in the framework of Council Directive 93/42/EEC concerning medical devices Download

 

PROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL AMENDING COUNCIL DIRECTIVE 93/42/EEC OF 14 JUNE 1993 CONCERNING MEDICAL DEVICES

In line with the Communication presented to the Council and Parliament in the summer of 2003 the Commission services, together with stakeholders, has prepared an early draft text to amend the Medical Devices Directive 93/42/EEC. This text is now available for public comment.   For this purpose we attach a text highlighting the changes as they would appear in the current text of Directive 93/42/EEC. Download

 

CONTRIBUTION ON THE EXPENDITURE OF PROMOTION OF THE MEDICAL DEVICES IN FRANCE

Decree of November 15, 2005 fixing the model of the form "contribution on the expenditure of promotion of the medical devices" Download  Guidance Download , Form of declaration and payment Download

 

CLINICAL TRIAL IN FRANCE

The transformation of the consultative committees of protection of the people involved in biomedical research (CCPPRB) into committees of protection of people (CPP) pursuant to the law of August 9, 2004 French General Inspection of the Social Affairs Download

 

ISO 9000:2005 « QUALITY MANAGEMENT SYSTEMS - FUNDAMENTALS AND VOCABULARY » UPDATED ON OCTOBER 2005.

The ISO published a new edition of the standard which, in the ISO 9000 family, defines the vocabulary and describes the essential principles of the systems of management of quality. Several definitions were added and explanatory notes were enriched or added to take into account more recent documents of the ISO 9000 family.

 

MEDICAL DEVICES WITH A HIGH POTENTIAL OF RISKS FOR HUMAN HEALTH-DIRECTIONS FOR USE : FORM UPDATE  (april/2005)

More information  General information  Access the form  

 

MODIFICATION OF THE REIMBURSEMENT OF SOME MEDICAL DEVICES IN FRANCE

Source: French Ministry for Health May 2005. The setting of pricing to the activity envisages two methods of assumptions of reimbursement of the medical devices and drugs: by refunding of a total fixed price including the whole of the acts and by products used. The drugs and medical devices taken in charges by insurance at fixed prices are automatically erased from the list of refundable products (LPP) in order to avoid a double refunding.

 

CLINICAL INVESTIGATION: REVISION OF THE FRENCH LAW (HURIET’S LAW BY AUGUST 9, 2004)

Download Because of obligation of transposition of the European directive 2001/20/EC relating to the clinical trials of drugs (Dowload

) the revision of the Huriet’s law intervened on the occasion of the adoption of the law n° 2004-806 of August 9, 2004 relative to the policy of public health (JO n° 185 of August 11, 2004 page 1427).

The principal modifications are:

* a widening of the field of application

* The abandon of the distinction between research with and without direct individual benefit with the profit of the balance risks- benefit

* Preliminary medical examination, the affiliation with a social security system or profit of such a mode for the participants, prohibition to take part simultaneously in several researches

* Responsibility for the promoter

* Reinforcement of the protection of the patient

QUALITY SYSTEM ISO 13485:2003

NF EN ISO 13485 standard was harmonized by the European Commission on April 2, 2004. From August 2006 EN ISO 13485:2003 will become the only standard harmonized for the manufacture of medical devices.

RISK ANALYSIS

Standard EN ISO 14971 " Medical devices - Application of risk management to medical devices " was harmonized on July 31, 2002 in connection with the Directives 90/385/EC, 93/42/EC and 98/79/EC.

MEDICAL DEVICE REIMBURSEMENT IN FRANCE - LPPR (EX TIPS)

Decree of 26 June 2003 relating to the coding of the list of the products and services refundable envisaged with the article L. 165-1 of the social security code. Bar codes are required for medical devices subject to reimbursement.

PRE MARKET NOTIFICATION: Decree n° 2002-1221 September 30, 2002 relative to the categories of medical devices having to make the object of a communication at the time of their commercialization

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