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Conformity assessment — overview & route selection

Regulatory basis

MDR conformity assessment procedures are set out in MDR Art. 52 and Annexes IX–XI. IVDR equivalents are in IVDR Art. 48 and Annexes IX–XI. The EU Declaration of Conformity is required under MDR Art. 19 / IVDR Art. 17 and MDR Annex IV / IVDR Annex IV.

Disclaimer

This site provides general information only and does not constitute legal or regulatory advice. Always consult the official regulation text and a qualified regulatory professional.


What is conformity assessment?

Conformity assessment is the process by which a manufacturer demonstrates — either alone or with a notified body — that a device meets all applicable MDR or IVDR requirements. Successful conformity assessment results in:

  1. An EU certificate (where a notified body is involved)
  2. An EU Declaration of Conformity (signed by the manufacturer)
  3. The right to affix the CE mark

Conformity assessment is not a one-time event — certificates have defined validity periods and are subject to surveillance audits. The conformity assessment obligation continues throughout the device's commercial life.


The available conformity assessment routes

MDR and IVDR offer three main procedures, defined in Annexes IX, X, and XI:

AnnexProcedureDescription
Annex IXQMS + Technical Documentation AssessmentNotified body assesses the manufacturer's QMS and technical documentation for representative devices
Annex XEU Type ExaminationNotified body examines and tests a representative specimen (the "type") of the device
Annex XIProduct Conformity VerificationNotified body verifies that manufactured products conform to the approved type or QMS

Annex X and XI are used together — Annex X establishes the "type" and Annex XI verifies production against it.

Annex IX can be used alone (QMS + tech doc) or combined with Annex X for the type examination element.


Which route applies — by device class

MDR

ClassAvailable routesNotified body required?
Class I (standard)Self-declaration (no Annex procedure needed)No
Class Is / Im / IrPartial Annex IX or XI (Part A) for specific aspects only + self-declaration for remainderYes — for sterility / measuring / reprocessing aspects only
Class IIaAnnex IX, or Annex X + Annex XI (Part A or B)Yes
Class IIbAnnex IX, or Annex X + Annex XI (Part A or B)Yes
Class IIIAnnex IX onlyYes

IVDR

ClassAvailable routesNotified body required?
Class A (non-sterile)Self-declarationNo
Class A (sterile)Partial NB involvement for sterility aspectsYes — sterility aspects only
Class BAnnex IX, or Annex X + Annex XI (Part A or B)Yes
Class CAnnex IX, or Annex X + Annex XI (Part A or B)Yes
Class DAnnex IX only + EU reference laboratory reviewYes

Route selection considerations

Where a choice exists (e.g. Class IIa may use Annex IX or Annex X + XI), the decision depends on:

FactorAnnex IX preferenceAnnex X + XI preference
Multiple device variants✅ QMS approach covers the whole rangeCan be burdensome — type exam for each variant
Stable, well-defined productEither✅ Type examination well-suited
Frequent design changes✅ QMS + change control processEach change may need a new type exam
Manufacturing variability concerns✅ QMS surveillance covers production✅ Product verification checks batches
Novel technologyEither✅ Type examination allows focused NB review

Most manufacturers of complex devices with multiple variants or continuous improvement processes choose Annex IX for its flexibility.


The Art. 54 scrutiny procedure

For certain higher-risk devices, an additional layer of scrutiny is required before a notified body can issue or renew a certificate:

TriggerScrutiny mechanism
Class III implantable devices (new, without established clinical record)NB must consult an expert panel for a scientific opinion on the clinical evaluation
Class IIb active devices in contact with heart/CNS/central circulatory system (long-term)Same expert panel consultation
Class III devices where NB has doubtsNB may voluntarily seek expert panel opinion

The expert panel opinion is not binding on the notified body but must be taken into account and any departure from it must be justified.


Timeline considerations

Conformity assessment timelines vary significantly by:

  • Device class — Class III/IVDR Class D can take 12–36 months with current notified body capacity constraints
  • Notified body — capacity varies; some NBs have waitlists for new applications
  • Technical documentation completeness — incomplete submissions extend timelines substantially
  • Novel technology — first-in-class devices or those requiring expert panel consultation take longer

Current capacity situation: the transition from MDD/IVDD to MDR/IVDR significantly reduced the number of designated notified bodies, creating a backlog. Manufacturers should engage with notified bodies early — ideally 12–24 months before intended certification.



Official references

ReferenceDescription
MDR Art. 52Conformity assessment procedures
IVDR Art. 48IVDR conformity assessment procedures
MDR Annex IXQMS-based conformity assessment
MDR Annex XEU type examination
MDR Annex XIProduct conformity verification
MDR Art. 54Special procedure for Class III and IIb
MDCG 2020-11Guidance on conformity assessment procedure selection