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Transition periods under the IVDR extended

By Jackie Mulryne & Eleri Abreo on July 9, 2024
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In our previous blog post, we set out the Commission’s proposed amendments to the Medical Devices Regulations (EU) 2017/745 (MDR) and the In Vitro Diagnostic Medical Devices Regulations (EU) 2017/746 (IVDR). The new Regulation introducing these changes has now been published: Regulation (EU) 2024/1860.

The new Regulation includes a welcome extension to the transitional periods for certain IVDs under the IVDR, where applicable conditions have been met. The other proposals relate to a gradual roll-out of Eudamed and notification obligations for interruptions in supply.

IVDR transitional periods extension

As a reminder, the European Parliament and Council adopted a staggered extension of the IVDR transitional periods back in January 2022. The transitional periods have now been extended once again, in light of the limited capacity of Notified Bodies to undertake conformity assessments and an on-going concern that there will be a shortage of essential high-risk IVDs (the transitional period for these was due to end on 26 May 2025).  

The new transitional periods have been implemented as per the Commission’s proposals, details of which are in our previous blog linked above, including all applicable conditions which must be met for the extensions to apply.

In summary, the dates have changed as follows:

Class of IVDPrevious extensionNew extension
IVDs with a certificate under the IVDDMay 202531 December 2027 (subject to certain conditions)
Class DMay 202531 December 2027
Class CMay 202631 December 2028
Class BMay 202731 December 2029
Class A (sterile)May 202731 December 2029
Class A (do not require notified body certification)May 2022May 2022 (no change)
New devices not on the market under the IVDDMay 2022May 2022 (no change)

The Commission has also published a Q&A on practical aspects related to the extended transitional period provided for in the IVDR.

A word on the UK

While the MDR and IVDR do not apply in the UK, the UK currently continues to recognise CE marking, allowing EU authorised devices to be placed on the GB market. The transitional arrangements are set out in the MHRA’s publication ‘Implementation of the Future Regulations’. The extension of the IVDR transitional periods now outdates the MHRA’s timelines for placing CE marked IVDs on the GB market. No updated guidance has been published by the MHRA on this, though it seems likely that this will follow soon.

  • Posted in:
    Health Care
  • Blog:
    BioSlice Blog
  • Organization:
    Arnold & Porter Kaye Scholer LLP
  • Article: View Original Source

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