ARTICLE
14 August 2023

UK Government Provides Limited Extensions To Recognition Of CE Marks For Medical Devices In Great Britain

CL
Cooley LLP

Contributor

Cooley LLP logo
Clients partner with Cooley on transformative deals, complex IP and regulatory matters, and high-stakes litigation, where innovation meets the law. Cooley has nearly 1,400 lawyers across 18 offices in the United States, Asia and Europe, and a total workforce of more than 3,000.
On 1 August 2023, the UK government announced plans to extend recognition of CE marking ‘indefinitely' for certain products placed on the Great Britain market.
UK Food, Drugs, Healthcare, Life Sciences
To print this article, all you need is to be registered or login on Mondaq.com.

On 1 August 2023, the UK government announced plans to extend recognition of CE marking 'indefinitely' for certain products placed on the Great Britain market (England, Wales and Scotland).

However, medical devices are not among the categories of products concerned by the indefinite recognition of CE marking. Instead, the UK government has been working to introduce regulations to substantially reform the current regulatory framework governing medical devices in the UK. The future UK regime for medical devices is expected to apply from 1 July 2025.

In the meantime, the UK government has amended the Medical Device Regulations 2002, SI 2002 No 618, as amended, (UK MDR) to extend the recognition of CE marked medical devices in Great Britain for a limited period. The amendments provide transitional arrangements to minimize disruption to the supply of medical devices in Great Britain. The amendments also provide that CE marks will cease to be recognized in Great Britain on 30 June 2030, at the latest. Shorter deadlines may apply depending on the regulatory framework on the basis of which the CE mark is affixed and the classification of the medical devices. In addition, CE marks may cease to have effect before the deadlines established in the amended UK MDR – if CE Certificates of Conformity expire, or if related application of European Union law renders the CE Certificates of Conformity invalid at an earlier date. Accordingly, CE marked medical devices can be placed on the Great Britain market until the following deadlines.

Medical device classification Latest deadline
Medical devices CE marked in accordance with Directive 93/42 on medical devices (MDD) or Directive 90/385 on active implantable medical devices:
Class III and Class IIb implantable 31 December 2027
Class IIb, Class IIa, Class I measuring or sterile medical 30 June 2028
Class I medical devices which were self-assessed under the MDD, for which an EU Declaration of Conformity was issued in accordance with the MDD prior to 26 May 2021, and for which the conformity assessment under Regulation 2017/745 on medical devices (MDR) will require the involvement of a notified body 30 June 2028
In vitro diagnostic medical devices (IVDs) CE marked in accordance with Directive 98/79 on IVDs (IVDD):
List A, List B or self-testing IVDs 26 May 2025
General IVDs which were self-assessed under the IVDD, for which the EU Declaration of Conformity was issued in accordance with the IVDD prior to 26 May 2022, and for which the conformity assessment under Regulation 217/746 on IVDs (IVDR) will require the involvement of a notified body 30 June 2030
Medical devices and IVDs CE marked in accordance with the MDR or IVDR 30 June 2030

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

ARTICLE
14 August 2023

UK Government Provides Limited Extensions To Recognition Of CE Marks For Medical Devices In Great Britain

UK Food, Drugs, Healthcare, Life Sciences

Contributor

Cooley LLP logo
Clients partner with Cooley on transformative deals, complex IP and regulatory matters, and high-stakes litigation, where innovation meets the law. Cooley has nearly 1,400 lawyers across 18 offices in the United States, Asia and Europe, and a total workforce of more than 3,000.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More