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Proposed IVDR Transitional Provisions Amendment

The European Commission published a formal proposed amendment [COM(2021)627] to the In Vitro Diagnostic medical devices Regulation (EU) 2017/746 (IVDR) on 14 October 2021 which specifically updates the transitional provisions in Article 110. This is good news for IVD manufacturers, who have long been hoping for additional time in order to meet the new requirements and obligations of the Regulations. This will need to be put forward for a formal vote and will be applicable after it has been published in the Journal of the European Union.

The proposal provides a lengthy explanation for the extension. Whilst stating that the COVID-19 pandemic has confirmed the need for a robust regulatory framework for in vitro diagnostic medical devices in the EU, it is also had a negative impact on the implementation of the IVDR. A shift in priorities and travel restrictions impeded the progress of the Commission and other stakeholders in the EU, thus leading to a general unpreparedness for the IVDR’s original date of application, 26 May 2022.

The Commission estimated that conformity assessment procedures could take up to a year to complete, after which it would take on average 6 months to produce the IVDs and place on the market. With only a handful of Notified Bodies designated towards the IVDR, and given the fact that an estimated 80% of IVD medical devices will require Notified Body intervention under the Regulation, the industry has long been calling for an extension. Enforcing the 26 May 2022 deadline would no doubt culminate in a perfect storm of IVD shortages on the market, having a disastrous effect on the healthcare industry and patient wellbeing.

It is being proposed that Article 110(2) be amended such that certificates issued in accordance with the IVD Directive 98/79/EC (IVDD) shall become void at the latest on 27 May 2025, giving these a one-year extension. Paragraph 3 of Article 110 will be replaced by the following:

(3) By way of derogation from Article 5 of this Regulation, the devices referred to in the second and third subparagraphs of this paragraph may be placed on the market or put into service until the dates set out in those subparagraphs, provided that from the date of application of this Regulation they continue to comply with Directive 98/79/EC and provided that there are no significant changes in the design and intended purpose.

Devices with a certificate that was issued in accordance with Directive 98/79/EC and which is valid by virtue of paragraph 2 of this Article may be placed on the market or put into service until 26 May 2025.

Devices for which the conformity assessment procedure pursuant to Directive 98/79/EC did not require the involvement of a notified body, for which a declaration of conformity was drawn up prior to 26 May 2022 in accordance with that Directive and for which the conformity assessment procedure pursuant to this Regulation requires the involvement of a notified body, may be placed on the market or put into service until the following dates:

(a) 26 May 2025 for class D devices;

(b) 26 May 2026 for class C devices;

(c) 26 May 2027 for class B devices;

(d) 26 May 2027 for class A devices placed on the market in sterile condition.

However, the requirements of this Regulation relating to post-market surveillance, market surveillance, vigilance, registration of economic operators and of devices shall apply to devices referred to in the first, second and third subparagraph instead of the corresponding requirements in Directive 98/79/EC.

In summary, an IVD medical device compliant with the IVDD and holding a Notified Body certificate, will have till the end of the validity period of that certificate, and can be placed on the market or put into service until 26 May 2025.

For devices which did not require a Notified Body under the IVDD (as in the case of ‘General IVDs’) and whose conformity assessment procedure under the IVDR will now require Notified Body intervention, the transition period has been staggered depending on their risk classification.

Paragraph 4 of Article 110 has also been amended and gives further provisions for when IVDD-compliant devices may remain on the market or put into service.

(4) Devices lawfully placed on the market pursuant to Directive 98/79/EC prior to 26 May 2022 may continue to be made available on the market or put into service until 26 May 2025.

Devices lawfully placed on the market from 26 May 2022 pursuant to paragraph 3 of this Article may continue to be made available on the market or put into service until the following dates:

(a) 26 May 2026 for devices referred to in paragraph 3, second subparagraph, or in paragraph 3, third subparagraph, point (a);

(b) 26 May 2027 for devices referred to in paragraph 3, third subparagraph, point (b);

(c) 26 May 2028 for devices referred to in paragraph 3, third subparagraph, points (c) and (d).’;

We recommend reviewing the below definitions from the IVDR to fully understand the above:

‘making available on the market’ means any supply of a device, other than a device for performance study, for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

‘placing on the market’ means the first making available of a device, other than a device for performance study, on the Union market;

What constitutes a significant change? The EU’s Medical Device Coordination Group (MDCG) released guidance document ‘MDCG 2020-3’ which explains in some detail what is considered to be a significant change in relation to the Medical Device Regulation (EU) 2017/745 (MDR) Article 120(3). This may be extrapolated for use to explain significant changes in relation to IVDs. The MDCG guidance provides a series of flowcharts which may be followed to determine whether the change to design or intended purpose would be considered significant or not. Such changes should always be discussed on a case-by-case basis with the relevant Notified Body, however, the following changes would not be deemed significant:

  • Reductions or limitations of the intended purpose.
  • Design changes related to corrective actions assessed and accepted by the Competent Authority.

MDCG 2020-3

Importantly, IVDs which did not require Notified Body intervention under the IVD Directive and which will be classified as Class A under the IVDR will need to transition to the IVD Regulation by 26 May 2022 in order to place these on the market after that date. This also applies to ‘new IVDs’ which do not have a Declaration of Conformity or valid certificate dated prior to 26 May 2022. We encourage all manufacturers of Class A non-sterile devices to meet the requirements as soon as possible to avoid issues in placing your products on the market.

For manufacturers who will benefit from the extended transition period introduced by Article 110(3), you will still need to comply with certain sections of the IVDR, as specified above. The following technical documentation updates will be required as a minimum:

  • Updating the Post-Market Surveillance (PMS) Plan in accordance with Annex III.
  • Developing a PMS Report or a Periodic Safety Update Report (PSUR).
  • Updating existing procedures on vigilance to meet the requirements in Chapter VII Section 2. Of note is that ‘other’ adverse events shall be reported within 15 days rather than 30 days under the previous Directives.

These changes must be implemented within the technical documentation and QMS from 26 May 2022.

The following amendments to the IVDR will also be made:

  • Article 112, second subparagraph, the date ‘27 May 2025’ is replaced by ‘26 May 2028’.
  • Article 113(3), the following points (i) and (j) are added: ‘(i) Article 5(5), points (b), (c) and (e) to (i), shall apply from 26 May 2024; (j) Article 5(5), point (d), shall apply from 26 May 2028.’.

The latter points in Article 113(3) (i) and (j) will be positive for those devices being manufactured and used only within health institutions, effectively providing an extended grace period and more breathing room for them to meet the obligations of Article 5(5) of the IVDR.

Proposed IVDR Amendment COM(2021)627

How can Advena help you?

Advena has well over 20 years of professional experience within the medical device industry as both a leading EU Authorised Representative and regulatory consultants. We are able to guide you through the complexities of EU regulation and help you place compliant devices on the market:

  • Regulation Gap Analysis for Directive-compliant technical documentation and QMS.
  • Regulation-compliant technical documentation.
  • Regulation-compliant QMS.
  • EU Authorised Representative service under the EU Regulations.

Due to Continued Growth, Advena Limited in Malta are Looking for a Regulatory Intern.

Due to our continued expansion in Malta, Advena Limited are seeking to add a Regulatory Intern to our team of regulatory specialists, this is an exciting opportunity for an individual who has an interest in medical devices and new medical technology, we offer ‘on the job’ training to the successful applicant who over time would progress to Regulatory Associate as a steppingstone into consultancy.

We invite applications from students in their final year or those who have recently graduated.

Initial Responsibilities:

  • Gain an understanding of Regulation (EU) 2017/745 & (EU) 2017/746.
  • Basic technical documentation reviews.
  • Regulatory administration.
  • Scheduling.
  • Research.
  • Liaising with external regulatory authorities to ensure approvals are obtained in line with project schedules.
  • Performing all activities in compliance with relevant Quality Systems standards and specifically with ISO 13485.

Applications should be majoring in Engineering or comparable/similar disciplines.

Role Title:

Regulatory Intern – Medical Devices




Office Based in Swatar, Malta

About Us:

Advena Limited is essentially two companies; Advena Limited in the UK and Advena Limited in Malta. Both companies are expanding medical device consultancy business, the UK business primarily has a client base from within the EU (including the UK), while our office in Malta has a client base who are located outside the EU. As a group we specialise in supporting small to medium sized medical device manufacturers and start-ups, to achieve regulatory compliance and CE Mark their medical device products.

In Summary

This is an exciting time to join Advena, in this entry level role that has plenty of potential, within our small team of regulatory specialists, to primarily work on assisting with the preparation of technical documentation and files for submission for audit by Notified Bodies. However, there are also business administration duties, including our quality management system, that must be carried out that underpin our activities.

As Regulatory Intern, you will be an integral member of our team, you will be guided by senior team members, providing you with the requisite support and guidance, enabling you to gain valuable experience to grow and develop with Advena.


If you have a keen interest in technical documentation and in medical devices and would be interested in a career in Regulatory Compliance, with the long-term goal of becoming a consultant and can demonstrate an understanding of the criteria outlined here, we would love to hear from you.

Applications must be submitted to Mr Anthony Kirby by email to including a copy of your CV. by 30th June 2021, for those selected for an initial interview, these are currently planned to be held mid-July.

BREXIT UPDATE! UK & Non-UK Based Medical Device Manufacturers

As many of you will now know, the Conservative & Unionist Party have elected a new leader in Boris Johnson, who has also become the UK’s new Prime Minister.

The new Prime Minister has clearly laid out his plans for the timetable of Brexit, in as much as that he and his team of cabinet ministers now speak with one voice, that the UK will leave the EU,  on or before the 31st October 2019, either with an improved deal or on a no deal basis.

The EU have stated, that they do not want the UK to leave without a deal but will not renegotiate the deal that has been offered. The UK’s new Prime Minister and his team does not accept the EU’s deal and prefers not to leave without a deal, however, and crucially are prepared to exit the EU without a deal.

This situation makes it increasingly likely that the UK will leave the EU on the 31st October 2019 without a deal.

So, what does this mean for UK medical device manufacturers?

Obviously, the key date to consider is the 31st October 2019, after this date UK based device manufacturers may no-longer be permitted to legally place product on the EU market without appointing an EU Authorised Representative (EC Rep).

If a deal is struck between the EU and the UK the implementation period that has already been agreed allows UK manufacturers until December 2020 to appoint an EC Rep and update your information and materials, including, but not limited to, packaging, product labels, IFU’s, brochures, CE Certificate, and Declarations of Conformity where you can be expected to indicate the name and address of your EC Rep.

However, if the UK crashes out of the EU without a deal on the 31st October 2019 (and this is now the most likely outcome) the implementation period is removed, the EU will not provide a transition period, meaning that UK device manufacturers will almost certainly be locked out of the EU until such time that they have appointed an EC Rep, updated device registrations and their information and materials as mentioned above.

Equally all manufacturers based outside the UK wishing to continue to market within the UK after a no-deal Brexit, must be aware of the new requirement for a dedicated UK Responsible Person (UK RP). The UK RP would be responsible for performing registrations with the MHRA. We provided some guidance back in February and again in March which suggested that Advena Ltd UK will be able to offer this service.

Therefore, October 31st, 2019 will be a critical date!

We strongly recommend both UK based, and non-UK based medical device manufacturers contact Advena to discuss the options available to them. We are uniquely based in the UK and in Malta, where we offer our EU Authorised Representative service from Malta, the UK Responsible Person service from the UK and a full range of medical device regulatory and QMS consultancy services from both offices, therefore a local UK/EU service to help maintain both EU and UK market access. And of course, we are English speaking as is our team in Malta.

With over 20 years’ experience as a provider of regulatory services we have a wealth of knowledge that you can benefit from.

Please contact our team for more details:

Meet Advena in Miami at FIME 2019

Advena are exhibiting at FIME 2019, this trade fair is considered one of the most important across the Americas and is taking place at the Miami Beach Convention Center in Florida.

Advena will be located at booth B45 in the gold zone, at this important show in Miami from 26th to 28th June 2019.

We will be available to meet existing and prospective clients during this trade show.

Attending on behalf of Advena Ltd., is the Managing Director from our Maltese office, Anthony Kirby. It would be fantastic to connect with any of our clients who plan to visit this important Americas trade show, so please do stop by our booth or contact us for an appointment;


Further details about FIME 2019 may be found at this link

ISO 13485:2016 Success For Advena Ltd in Malta!

Advena Limited,  Malta have chalked up a remarkable success!

Following the successful re-certification audit at our UK office at the end of February 2019, the next task was to audit our office in Malta (an EU27 member state) for inclusion on our ISO 13485:2016 certification. Advena’s experts set about this tricky task providing carefully planned advice and guidance to our Maltese team, the result of which, after a gruelling audit by LRQA, one of the UK’s most respected Notified Bodies, was a glowing report and more importantly achieving the much converted certification it needed to move its EU Authorised Representative (EC REP) business forward.

If you’re looking for an EC REP based in the EU27 or are looking for QMS consultancy to ISO 13485:2016 please contact us for more details and become part of a success story.

Email Advena:


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