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Apart from some corrections of lay-out, there are two
corrections of relevance:
First, there was a minor modification to the way that the
instructions for use could be obtained. Rather than the general
obligation on the manufacturer explain how and when the
instructions for use can be obtained, this explanation must now be
given in the paper IFU (see article 6 (3) (d)).
Secondly, the date as of which the regulation will apply is now
known. Although it looks like the regulation will still enter into
force end of this year, it will apply as of 1 March 2013.
With this date manufacturers have a clear horizon for planning of
implementation of e-labelling.
Not all companies are happy with this and the general feeling
that I perceive from my contacts in the medical devices industry is
that this proposal is a big disappointment first and foremost
because of the very limited scope of application. Also, there is
fear of borderline problems: for example, the concept of 'fixed
installed devices' in article 3 (1) (c) is less than clear and
makes the situation of devices that used to fixed becoming mobile
(like CT scanners, X-ray devices) very unclear. I hear a lot of
criticism about the manufacturer's one-sided obligation to do
risk management to ascertain if a hospital can handle e-labelling.
This is of course a moving target because hospitals are normally
not at all amenable to giving the manufacturers any degree of
control over and full insight in risks at the hospital side in this
respect. That makes risk management a moving target and basically a
mission impossible, not to mention an additional regulatory
requirement that is not imposed by the Medical Devices
Directive.
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