Where a procedure requires a notified body, the MDR leaves the choice to
the manufacturer, but only among notified bodies designated for the types of
devices concerned (Art. 53(1)), and it excludes parallel applications for the
same procedure. The IVDR sets out the same in Art. 49; the designations under
both regulations are listed in NANDO.
How the notified body then works is set out in Annex VII of both
regulations. Before a quotation it verifies whether the product is covered and
how it is classified. It reviews the formal application for completeness,
classification, the chosen procedure, its own designation and its resources;
before the decision, no non-conformity may remain that would prevent a
certificate.
The notified body may not give advice along the way. Annex VII Section 1.2.3
excludes consultancy on the design, construction, marketing and maintenance of
the devices under assessment; Section 1.2.9 allows exchanges of technical
information and regulatory guidance. The MDCG calls this exchange
structured dialogue and recommends it before and after the application.
The Commission proposal for the
targeted revision of the MDR and IVDR would
introduce a legal basis for structured dialogue in Annex VII. This page describes the procedure under current law
and current guidance; what becomes of the proposal is for Parliament and
Council to decide.
| What the MDR and IVDR set out | What the manufacturer provides |
|---|
| Before the quotation | preliminary verification of scope and classification; published description of the application procedure with the accepted languages (Annex VII Section 4.2) | device description, intended class and conformity assessment route |
| Application and contract | formal application under Annex IX, X or XI; written contract directly between manufacturer and notified body (Annex VII Sections 4.2 and 4.3) | application with information on withdrawn and refused applications (Art. 53(3) MDR, Art. 49(3) IVDR) |
| Assessment | depending on the procedure, audit of the quality management system, assessment of the technical documentation or type examination; the notified body may require further tests or evidence (Annex IX Section 4.3) | answers to questions, corrections and corrective actions for non-conformities |
| Decision | final review by personnel who did not conduct the assessment; no open non-conformity that would prevent a certificate (Annex VII Sections 4.7 and 4.8) | documented resolution of non-conformities |
| Validity | five years at most, extension on application after re-assessment (Art. 56(2) MDR, Art. 51(2) IVDR) | for product certificates, the summary of changes and findings (Annex VII Section 4.11); for quality management system certificates, the audit and surveillance results of the cycle (MDCG 2019-6 Rev. 5) |
A certificate is valid for five years at most. To renew a product certificate
the manufacturer submits a summary of changes and findings, including changes
not yet notified; for quality management system certificates the notified body
relies on the audits and surveillance of the cycle. Changing notified body takes an agreement under Art. 58 MDR or
Art. 53 IVDR that sets, among other things, when the old certificates become
invalid.
Outside this page are the route to
CE marking with the choice of
conformity assessment procedure per class, preparation for notified body
audits including unannounced audits, and notifying planned changes to a
certified device.