MDR – Article 76 – Corrective measures to be taken by Member States and information exchange between Member States

Article 76

Corrective measures to be taken by Member States and information exchange between Member States

1. Where a Member State in which a clinical investigation is being or is to be conducted has grounds for considering that the requirements set out in this Regulation are not met, it may take at least any of the following measures on its territory:

(a)revoke the authorisation for the clinical investigation;
(b)suspend or terminate the clinical investigation;
(c)require the sponsor to modify any aspect of the clinical

2. Before the Member State concerned takes any of the measures referred to in paragraph 1 it shall, except where immediate action is required, ask the sponsor or the investigator or both for their opinion. That opinion shall be delivered within seven days.

3. Where a Member State has taken a measure referred to in paragraph 1 of this Article or has refused a clinical investigation, or has been notified by the sponsor of the early termination of a clinical investigation on safety grounds, that Member State shall communicate the corresponding decision and the grounds therefor to all Member States and the Commission by means of the electronic system referred to in Article 73.

4. Where an application is withdrawn by the sponsor prior to a decision by a Member State, that information shall be made available through the electronic system referred to in Article 73 to all Member States and the Commission.

MDR – Article 71 – Assessment by Member States

Article 71

Assessment by Member States

1. Member States shall ensure that the persons validating and assessing the application, or deciding on it, do not have conflicts of interest, are independent of the sponsor, the investigators involved and of natural or legal persons financing the clinical investigation, as well as free of any other undue influence.

2. Member States shall ensure that the assessment is done jointly by an appropriate number of persons who collectively have the necessary qualifications and experience.

3. Member States shall assess whether the clinical investigation is designed in such a way that potential remaining risks to subjects or third persons, after risk minimization, are justified, when weighed against the clinical benefits to be expected. They shall, while taking into account applicable CS or harmonised standards, examine in particular:

(a)the demonstration of compliance of the investigational device(s)
with the applicable general safety and performance requirements,
apart from the aspects covered by the clinical investigation, and
whether, with regard to those aspects, every precaution has been
taken to protect the health and safety of the subjects. This includes, where appropriate, assurance of technical and biological safety
testing and pre-clinical evaluation;
(b)whether the risk-minimisation solutions employed by the sponsor
are described in harmonised standards and, in those cases where
the sponsor does not use harmonised standards, whether the
risk-minimisation solutions provide a level of protection that is
equivalent to that provided by harmonised standards;
(c)whether the measures planned for the safe installation, putting into service and maintenance of the investigational device are adequate;
(d)the reliability and robustness of the data generated in the clinical
investigation, taking account of statistical approaches, design of the
investigation and methodological aspects, including sample size,
comparator and endpoints;
(e)whether the requirements of Annex XV are met;
(f)in the case of devices for sterile use, evidence of the validation of the manufacturer’s sterilisation procedures or information on the
reconditioning and sterilisation procedures which have to be
conducted by the investigation site;
(g)the demonstration of the safety, quality and usefulness of any
components of animal or human origin or of substances, which maybe considered medicinal products in accordance with Directive 2001/83/EC.

4. Member States shall refuse the authorisation of the clinical investigation if:

(a)the application dossier submitted pursuant to Article 70(1) remains
(b)the device or the submitted documents, especially the investigation
plan and the investigator’s brochure, do not correspond to the state of scientific knowledge, and the clinical investigation, in particular, is not suitable for providing evidence for the safety, performance
characteristics or benefit of the device on subjects or patients,
(c)the requirements of Article 62 are not met, or
(d)any assessment under paragraph 3 is negative.

Member States shall provide for an appeal procedure in respect of a refusal pursuant to the first subparagraph.