It would seem like there will be a considerable number of medical devices compliant with the MDD on the market after 26 May 2020. To compensate, the Article 120(3) of the MDR requires that such devices opting for this ‘legacy route’ meet certain conditions:
From 26 May 2020:
- The device continues to comply with the Directive.
- There are no significant* changes in the design or intended purpose.
Furthermore, the requirements in the MDR related to the following shall apply:
- Post-Market Surveillance [Article 83-86, 92, Annex III]
- Market Surveillance [Article 93-100]
- [Article 87-92]
- Registration of economic operators and devices [Article 31 and 29]
* The MDCG have produced guidance on significant changes, please see this link.
Whether a change in design or intended purpose may be considered as significant shall be determined on a case by case basis, however, the following changes shall not be considered to be significant:
- Reductions or limitations of the intended purpose.
- Design changes related to corrective actions assessed and accepted by the Competent Authority.
The Notified Body who has issued the AIMDD/MDD certificate shall continue to be responsible for the surveillance relating to the devices it has certified.