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Regulation (EU) 2017/745 (MDR) — key articles

Regulatory basis

The full text of MDR 2017/745 is available in the Official Journal of the EU: OJ L 117, 5.5.2017, p. 1–175. All article references on this site refer to the MDR as amended, including amendments made by Regulation (EU) 2020/561 and Regulation (EU) 2023/607.

Disclaimer

This site provides article summaries for navigation purposes only. Always refer to the official consolidated text for legal compliance purposes.


Structure of the MDR

MDR 2017/745 contains 123 Articles organised into 10 Chapters, plus 17 Annexes:

ChapterArticlesSubject
I1–4Scope, definitions, regulatory status of products
II5–10Placing on market and putting into service; obligations of economic operators
III11–15Identification and traceability; registration; summary of safety and clinical performance
IV16–20Notified bodies
V21–35Classification and conformity assessment
VI36–50Clinical evaluation and clinical investigations
VII51–60Market surveillance; vigilance; market surveillance
VIII61–75Cooperation between member states; Medical Device Coordination Group
IX76–100Confidentiality, data protection, funding, penalties
X101–123Final provisions, repeal, transitional provisions

Chapter I — Scope and definitions

Art. 1 — Scope

Defines what MDR applies to: medical devices, accessories to medical devices, and Annex XVI non-medical-purpose devices. Specifies what is excluded (medicinal products, food, cosmetics, etc.).

Art. 2 — Definitions

Contains 68 numbered definitions — the interpretive foundation of the entire regulation. Critical definitions include:

  • Art. 2(1): Medical device
  • Art. 2(2): Accessory to a medical device
  • Art. 2(3): Custom-made device
  • Art. 2(5): Implantable device
  • Art. 2(8): Single-use device
  • Art. 2(24): Intended purpose
  • Art. 2(26): Manufacturer
  • Art. 2(65): Serious incident
  • Art. 2(68): FSCA

Art. 3 — Regulatory status of products

Procedure for determining whether a product falls under MDR or another regulatory framework (medicinal product, biocide, food).


Chapter II — Economic operators

Art. 5 — Placing on the market and putting into service

A device may only be placed on the EU market or put into service if it complies with MDR when duly supplied and properly maintained.

Art. 7 — Claims

Prohibitions on misleading, false, or unsubstantiated claims in labelling, IFU, and promotional materials.

Art. 9 — Common specifications

Empowers the Commission to adopt Common Specifications where no harmonised standard exists or is insufficient.

Art. 10 — General obligations of manufacturers

The comprehensive list of manufacturer obligations: QMS, technical documentation, conformity assessment, CE marking, EUDAMED registration, PMS, vigilance, cooperation with NCAs.

Art. 11 — Authorised representative

Obligations of the EU REP for non-EU manufacturers; joint and several liability.

Art. 13 — Obligations of importers

Verification before placing on market; labelling obligations; complaint handling; cooperation with recalls.

Art. 14 — Obligations of distributors

Verification before making available; cooperation with FSCAs; complaint handling.

Art. 16 — Cases where manufacturer obligations apply to importers/distributors

When an importer or distributor modifies a device or places it on the market under their own name, they become the manufacturer.

Art. 17 — Reprocessing of single-use devices

Framework for member states that permit reprocessing; reprocessor takes on manufacturer obligations.

Art. 18 — Implant card

Manufacturers of implantable devices must provide an implant card with each device.

Art. 19 — EU Declaration of Conformity

Requirements for the DoC; Annex IV specifies content.

Art. 20 — CE marking

Requirements for affixing the CE mark.


Chapter III — Identification, traceability, registration

Art. 27 — UDI system

UDI requirements for all devices; application timeline by class; EUDAMED registration of UDI.

Art. 28–31 — EUDAMED registration

Economic operator registration; device registration; notified body and certificate data; clinical investigation registration.

Art. 32 — Summary of Safety and Clinical Performance (SSCP)

Required for Class III and implantable devices; validated by NB; publicly accessible in EUDAMED.


Chapter IV — Notified bodies

Art. 36–39 — Designation of notified bodies

Requirements for NCA designation of NBs; assessment criteria; MDCG involvement.

Art. 40–44 — NB operations

Subsidiaries and subcontracting; changes in designation; challenge to NB competence.

Art. 45 — Coordination of notified bodies

Joint assessments; consistency across NBs.


Chapter V — Classification and conformity assessment

Art. 51 — Classification

Rules-based classification under Annex VIII; Commission power to reclassify.

Art. 52 — Conformity assessment procedures

Available routes by class; Annex IX, X, XI options; self-declaration for Class I.

Art. 54 — Special procedure for Class III and certain Class IIb

Expert panel consultation before NB can issue certificate for certain high-risk devices.

Art. 55 — Mechanism for scrutiny of conformity assessments

NCA or Commission can request NB to review an issued certificate.


Chapter VI — Clinical evaluation and investigations

Art. 61 — Clinical evaluation

Requirements for all classes; lifecycle approach; PMCF obligation; conditions for clinical investigations.

Art. 62–82 — Clinical investigations

Full framework for clinical investigations: regulatory requirements, ethics committee, NCA authorisation, GCP, reporting.


Chapter VII — Market surveillance and vigilance

Art. 83–86 — PMS system

PMS system, plan, PSUR, and report requirements.

Art. 87–92 — Vigilance

Serious incident reporting; FSCA notification; trend reporting; analysis by NCAs; European database.

Art. 93 — Market surveillance activities

NCA powers to investigate devices; unannounced inspections.

Art. 94 — Evaluation of devices suspected of presenting unacceptable risk

Procedure when an NCA identifies a potentially non-compliant or dangerous device.

Art. 95–97 — Corrective actions, safeguard, and EU-level measures

NCA corrective action powers; Commission safeguard procedure.


Chapter X — Transitional provisions

Art. 120 — Transitional provisions

Continued validity of MDD/AIMDD certificates; conditions for continued marketing during transition; sell-through provisions. As amended by Regulation (EU) 2023/607.

Art. 122 — Repeal

Repeal of Directives 90/385/EEC (AIMDD) and 93/42/EEC (MDD).


The 17 Annexes

AnnexContent
IGeneral Safety and Performance Requirements (GSPR)
IITechnical documentation
IIITechnical documentation on post-market surveillance
IVEU Declaration of Conformity
VCE marking
VIInformation to be submitted upon registration of devices and economic operators
VIIRequirements to be met by notified bodies
VIIIClassification rules
IXConformity assessment based on QMS and technical documentation
XConformity assessment based on type examination
XIConformity assessment based on product conformity verification
XIICertificates issued by notified bodies
XIIIProcedure for custom-made devices
XIVClinical evaluation and PMCF
XVClinical investigations
XVIList of groups of products without medical purpose
XVIICorrelation table (MDD/AIMDD to MDR)


Official references

ReferenceDescription
OJ L 117, 5.5.2017MDR original publication
Regulation (EU) 2020/561Amendment — transitional dates
Regulation (EU) 2023/607Amendment — extended transitional provisions
EUR-Lex consolidated textCurrent consolidated version of MDR