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In brief

On 16 February 2022, the Medical Device Coordination Group (MDCG) approved a new document (i.e., MDCG 2022-4) to provide guidance to Notified Bodies on the appropriate way to carry out surveillance activities on CE-marked devices in accordance with the Medical Devices Directive 93/42/EEC (“MDD“) and the Active Implantable Medical Devices Directive 90/385/EEC (“AIMD“), which, by virtue of the provisions of Article 120(3) of Regulation EU 745/2014, can be marketed until 26 May 2024.


Key takeaways 

  • In particular, the document provides detailed instructions on surveillance activities that Notified Bodies are required to carry out in order to review the Quality Management System documentation, adopted by manufacturers who continue to use the market devices certified according to the aforementioned Directives.
  • In this regard, the document specifies that Notified Bodies must verify whether (i) the scope of devices covered by the MDD or the AIMD certificates remains, or if and which devices are discontinued; (ii) the manufacturer has adjusted its Quality Management System according to the requirements of Article 120(3) MDR concerning significant changes; and (iii) the manufacturer has made the necessary adjustments with respect to the Quality Management System on post-market surveillance, market surveillance, vigilance, and registration of economic operators and devices.
Author

Roberto Cursano has been a lawyer in Baker McKenzie since September 2007. He focuses on healthcare law and compliance, and assists in tender procedures, the negotiation of public contracts and litigation before administrative courts. Mr. Cursano is a former administrative officer in the Italian Ministry of Health and helps clients work closely with the Italian Public Administration. He is admitted to the bar before the Italian Supreme Court and the Council of State. As well as training and tutoring in the master’s degree program on clinical trials of pharmaceutical products at the University of Rome Sapienza, Mr. Cursano regularly publishes articles and scientific contributions. He also frequently hosts and participates in seminars and presentations on pharmaceutical and administrative law matters.

Author

Riccardo Ovidi is an Associate in Baker McKenzie Rome office.

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