BETA

19 Amendments of Anja WEISGERBER related to 2012/0267(COD)

Amendment 48 #
Proposal for a regulation
Recital 27
(27) The traceability of in vitro diagnostic medical devices by means of a Unique Device Identification (UDI) system based on international guidance should significantly enhance the effectiveness of the post-market safety of in vitro diagnostic medical devices due to improved incident reporting, targeted field safety corrective actions and better monitoring by competent authorities. It should also help to reduce medical errors and to fight against counterfeit devices. Use of the UDI system should also improve purchase- policy and stock- management by hospitals, pharmacies and wholesalers. The UDI system should be compatible with other systems already on the market.
2013/05/07
Committee: IMCO
Amendment 66 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Before making a device available on the market for the first time, distributors shall verify that the following requirements are met:
2013/05/07
Committee: IMCO
Amendment 67 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) in the absence of a declaration of conformity by the manufacturer or importer, the product is accompanied by the information to be supplied by the manufacturer in accordance with Article 8(7);
2013/05/07
Committee: IMCO
Amendment 68 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c
(c) the manufacturer and, where applicable, the importer have complied with the requirements set out in Article 22 and Article 11(3) respectively11(3).
2013/05/07
Committee: IMCO
Amendment 69 #
Proposal for a regulation
Article 12 – paragraph 4
4. Distributors who consider or have reason to believe that a device which they have made available on the market is not in conformity with this Regulation shall immediately inform the manufacturer and, where applicable, his authorised representative and the importer and, within their respective area of activity, make sure that the necessary corrective action to bring that device into conformity, withdraw or recall it, if appropriate, is taken. Where the device presents a risk, they shall also immediately inform the competent authorities of the Member States in which they made the device available, giving details, in particular, of the non- compliance and of any corrective action taken.
2013/05/07
Committee: IMCO
Amendment 72 #
Proposal for a regulation
Article 22 – paragraph 8 – point e a (new)
(ea) compatibility with medical device identification systems already on the market.
2013/05/07
Committee: IMCO
Amendment 85 #
Proposal for a regulation
Recital 27
(27) The traceability of in vitro diagnostic medical devices by means of a Unique Device Identification (UDI) system based on international guidance should significantly enhance the effectiveness of the post-market safety of in vitro diagnostic medical devices due to improved incident reporting, targeted field safety corrective actions and better monitoring by competent authorities. It should also help to reduce medical errors and to fight against counterfeit devices. Use of the UDI system should also improve purchase-policy and stock- management by hospitals, pharmacies and in wholesale. The UDI system should be compatible with other systems which are already on the market.
2013/05/13
Committee: ENVI
Amendment 143 #
Proposal for a regulation
Article 4 a (new)
Article 4a Genetic information, counselling and free consent 1. A device may only be used for the purpose of a genetic test if that test is conducted by persons admitted to the medical profession under the applicable national legislation. 2. A product may only be used for the purposes of a genetic test if the rights, safety and well-being of the test subjects are protected and the clinical data generated in the course of the testing are expected to be reliable and robust. 3. Before using a device for the purpose of a genetic test the person referred to in paragraph 1 shall provide the test subject concerned with appropriate information on the nature, the significance and the implications of the genetic test. 4. Before using a device for the purpose of a genetic test the person referred to in paragraph 1 shall provide the test subject concerned with appropriate and comprehensible genetic counselling without prejudging the outcome. The genetic counselling shall include medical, ethical, social, psychological and legal aspects. The form and extent of that genetic counselling shall be defined according to the implications of the results of the test and their significance for the person or the members of that person’s family, including possible implications concerning procreation choices. 5. A device may only be used for the purpose of a genetic test after the test subject concerned has given free and informed consent to it. That consent shall be given explicitly in writing. The consent may be revoked at any time in writing or orally. 6. In the case of minors, the informed consent of the parents or legal representative shall be obtained. That consent shall represent the minor’s presumed will and may be revoked at any time, without detriment to the minor. In the case of incapacitated adults who are unable to give informed legal consent, the informed consent of the legal representative shall be obtained. The consent shall represent the presumed will of the person concerned and may be revoked at any time, without detriment to that person. Devices providing an indication of a genetic disease which develops in adulthood or affects family planning may not be used on minors unless preventive treatment is available and can be provided before the person being tested reaches the age at which he or she can give informed consent. 7. No prenatal genetic examination designed to detect the genetic predisposition of an embryo or a foetus to a disease may be conducted if, on the basis of current medical knowledge and technology, it is generally accepted that the disease in question will not manifest itself before the individual concerned reaches the age of 18. 8. A device may only be used for the determination of gender in connection with prenatal diagnosis, if the determination fulfils a medical purpose and if there is a risk of serious gender specific hereditary diseases. By way of derogation from Article 2(1) and (2) the same restriction on use shall apply to products which are not intended to fulfil a specific medical purpose. 9. The provisions of this Article on the use of devices for the purpose of genetic tests shall not prevent Member States from maintaining or introducing for reasons of health protection or public order more stringent national legislation in this field.
2013/05/13
Committee: ENVI
Amendment 169 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Before making a device available on the market for the first time, distributors shall verify that the following requirements are met:
2013/05/13
Committee: ENVI
Amendment 170 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) in the absence of a declaration of conformity by the manufacturer or importer, the product is accompanied by the information to be supplied by the manufacturer in accordance with Article 8(7);
2013/05/13
Committee: ENVI
Amendment 171 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c
(c) the manufacturer and, where applicable, the importer have complied with the requirements set out in Article 22 and Article 11(3) respectively11(3).
2013/05/13
Committee: ENVI
Amendment 173 #
Proposal for a regulation
Article 12 – paragraph 4
4. Distributors who consider or have reason to believe that a device which they have made available on the market is not in conformity with this Regulation shall immediately inform the manufacturer and, where applicable, his authorised representative and the importer and, within their respective area of activity, make sure that the necessary corrective action to bring that device into conformity, withdraw or recall it, if appropriate, is taken. Where the device presents a risk, they shall also immediately inform the competent authorities of the Member States in which they made the device available, giving details, in particular, of the non- compliance and of any corrective action taken.
2013/05/13
Committee: ENVI
Amendment 188 #
Proposal for a regulation
Article 22 – paragraph 8 – point e a (new)
(ea) compatibility with medical device identification systems already on the market.
2013/05/13
Committee: ENVI
Amendment 270 #
Proposal for a regulation
Article 42
Article deleted
2013/05/13
Committee: ENVI
Amendment 323 #
Proposal for a regulation
Article 77 – paragraph 1 – point b
(b) to contribute to the scrutiny of certain conformity assessments pursuant to Article 42;deleted
2013/05/13
Committee: ENVI
Amendment 325 #
Proposal for a regulation
Article 77 – paragraph 1 – point c
(c) to contribute to the development of guidance aimed at ensuring effective and harmonised implementation of this Regulation, in particular regarding the designation and monitoring of notified bodies, application of the general safety and performance requirements and conduct of the clinical evaluation by manufacturers and the assessment by notified bodies;.
2013/05/13
Committee: ENVI
Amendment 327 #
Proposal for a regulation
Article 77 – paragraph 1 – point e
(e) to provide advice and assist the Commission, at its request, in its assessment of any issue related to the implementation of this Regulation;deleted
2013/05/13
Committee: ENVI
Amendment 328 #
Proposal for a regulation
Article 77 – paragraph 1 – point f
(f) to contribute to harmonised administrative practice with regard to in vitro diagnostic medical devices in the Member States.deleted
2013/05/13
Committee: ENVI
Amendment 329 #
Proposal for a regulation
Article 77 – paragraph 1 – points f a to f k (new)
(fa) to continuously monitor the technical progress in particular in the field of implantable devices and assess whether the essential requirements on safety and performance provided within this Regulation are appropriate to ensure safety and performance of medical devices and identify the need to amend Annex I; (fb) to develop guidelines on clinical trials of certain medical devices (fc) to contribute to the development of medical devices standards; (fd) to contribute to the development of Common Technical Specifications (CTS) (fe) to develop and maintain a framework for a European market surveillance program; (ff) to develop minimum requirements on a quality management system for national market surveillance authorities . (fg) to organise joint market surveillance and joint testing projects; (fh) to organise training programmes and exchanges of national officials on market surveillance, on notified bodies designation and monitoring and on clinical investigations; (fi) to organise information campaigns and joint visit programmes; (fj) to provide an opinion on the application of the classification criteria set out in Annex VII to a given device, or category or group of devices according to Article 41 paragraph 3 within six months; (fk) to provide at the Commission's request an opinion on a the classification of a device, or category or group of devices according to Article 41 paragraph 4.
2013/05/13
Committee: ENVI