Spain published a 36-page Royal Decree, PS 1/2023 in the Spanish Boletin Del Estado on 21 March, which summarises how the country’s medical device regulations may differ from requirements in other EU countries.
The document is aimed at contending with areas that are the responsibility of individual national authorities in the EU, for instance reprocessing and in-house manufacture. Other subjects are also covered, some of which could appear surprising divergences from other EU countries. Regulation (EU) 2017/745 on medical devices (MDR) permits national decision-making, within certain limits, on the following: a) regulation of single-use devices b) registering distributors c) designating and monitoring notified bodies d) market surveillance e) fees and f) sanctions.
The document is crucial for any company conducting business in Spain.
It includes practical templates for: pre-market license applications, revalidations or modifications; and registering the appointment of the technical manager – at the locations of a manufacturer, subcontractor or importer of medical devices or sterilisation products. Only products that abide by both MDR stipulations and this decree are permitted to be marketed in Spain. The MDR is already directly transposed in Spanish national law, a new law transposing Regulation (EU) 2017/746 on in vitro diagnostic medical devices (IVDR) is going through a public consultation in Spain at the moment.
Manufacturers for whom the Spanish market is relevant should discuss this topic with their local contacts.
Source: Medtech Insight (an Informa product)