欧洲议会和理事会指令2000/70/EC,对有关含有稳定人血或人血浆衍生物医疗器械的理事会指令93/42/EEC的修订
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32000L0070
OJ编号:OJ L 313, 13.12.2000, p. 22-24
中文标题:欧洲议会和理事会指令2000/70/EC,对有关含有稳定人血或人血浆衍生物医疗器械的理事会指令93/42/EEC的修订
原文标题:Directive 2000/70/EC of the European Parliament and of the Council of 16 November 2000 amending Council Directive 93/42/EEC as regards medical devices incorporating stable derivates of human blood or human plasma
分类:13.30.99_统一法的其它部分;15.30_健康保护
文件类型:二级立法 Directive|指令
生效日期:2000-12-13
废止日期:2058-12-31
法规全文:查看欧盟官方文件
32000L0070
Title and reference
Directive 2000/70/EC of the European Parliament and of the Council of 16 November 2000 amending Council Directive 93/42/EEC as regards medical devices incorporating stable derivates of human blood or human plasma
OJ L 313, 13.12.2000, p. 22‘�4 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)
Special edition in Czech Chapter 13 Volume 26 P. 72 - 74
Special edition in Estonian Chapter 13 Volume 26 P. 72 - 74
Special edition in Hungarian Chapter 13 Volume 26 P. 72 - 74
Special edition in Lithuanian Chapter 13 Volume 26 P. 72 - 74
Special edition in Latvian Chapter 13 Volume 26 P. 72 - 74
Special edition in Maltese Chapter 13 Volume 26 P. 72 - 74
Special edition in Polish Chapter 13 Volume 26 P. 72 - 74
Special edition in Slovakian Chapter 13 Volume 26 P. 72 - 74
Special edition in Slovenian Chapter 13 Volume 26 P. 72 - 74
DA DE EL EN ES FI FR IT NL PT SV
Text
| BG | ES | CS | DA | DE | ET | EL | EN | FR | GA | IT | LV | LT | HU | MT | NL | PL | PT | RO | SK | SL | FI | SV |
| html | html | html | html | html | html | html | html | html | html | html | html | html | html | html | html | html | html | html | html | html | html | |
| tiff | tiff | tiff | tiff | tiff | tiff | tiff | tiff | tiff | tiff | tiff |
Authentic language
- The official languages, Other than Community language, Icelandic, Norwegian
Dates
- of document: 16/11/2000
of effect: 13/12/2000; Entry into force Date pub. See Art 3
end of validity: 99/99/9999
of transposition: 13/12/2001; At the latest See Art 2
Classifications
- EUROVOC descriptor:
blood transfusion
pharmaceutical legislation
pharmaceutical product
product safety
public health
European standard - Directory code:
13.30.99.00 Industrial policy and internal market / Internal market: approximation of laws / Other sectors for approximation of laws
15.30.00.00 Environment, consumers and health protection / Health protection
- Subject matter:
Approximation of laws, Internal market, Technical barriers, Health protection
Miscellaneous information
- Author:
European Parliament, Council - Form:
Directive - Addressee:
The Member States - Additional information:
Extended to the EEA by 22003D0090
Relationship between documents
- Treaty:
European Community - Legal basis:
11997E095
11997E251
- Select all documents based on this document
- Amendment to:
31993L0042 Amendment Amendment Annex 1 from 13/12/2000
31993L0042 Amendment Addition Annex 1. 4 BIS from 13/12/2000
31993L0042 Amendment Completion Annex 2 from 13/12/2000
31993L0042 Amendment Amendment Annex 2 from 13/12/2000
31993L0042 Amendment Amendment Annex 3 from 13/12/2000
31993L0042 Amendment Completion Annex 4 from 13/12/2000
31993L0042 Amendment Completion Annex 5 from 13/12/2000
31993L0042 Amendment Amendment Annex 9 from 13/12/2000
31993L0042 Amendment Amendment Article 1. 5 from 13/12/2000
51995PC0130(01) Adoption
- Display the national execution measures
MNE - Instruments cited:
31965L0065
31975L0318
31989L0381
31998L0079
- Select all documents mentioning this document
Consolidated versions
- consolidation form:
01993L0042
Text
| Bilingual display: BG CS DA DE EL EN ES ET FI FR HU IT LT LV MT NL PL PT RO SK SL SV |
Directive 2000/70/EC of the European Parliament and of the Council
of 16 November 2000
amending Council Directive 93/42/EEC as regards medical devices incorporating stable derivates of human blood or human plasma
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
Whereas:
(1) In addition to being directed at medical devices for in vitro diagnosis, the Commission proposal sought to amend Council Directive 93/42/EEC of 14 June 1993 concerning medical devices(4) in order to extend its scope to medical devices manufactured by using non-viable tissues or substances of human origin derived from those tissues. This amendment was not included in Directive 98/79/EC(5) when it was adopted.
(2) This Directive accordingly aims at amending Directive 93/42/EEC so as to include in its scope only devices which incorporate, as an integral part, substances derived from human blood or plasma. However, medical devices incorporating other substances derived from human tissues remain excluded from the scope of the said Directive.
(3) The essential aim of any rules governing the production, distribution or use of medical devices must be to safeguard public health.
(4) Furthermore, national provisions for the safety and health protection of patients, users and, where appropriate, other persons, with regard to the use of medical devices must be harmonised in order to guarantee free movement of such devices within the internal market.
(5) Medical devices incorporating, as an integral part, substances derived from human blood or plasma have the same purposes as other medical devices. There is therefore no reason to treat them differently as regards their free circulation.
(6) Medical devices incorporating, as an integral part, a substance derived from human blood or plasma and which is liable to act upon the body with action ancillary to that of the device must comply with the provisions of Directive 93/42/EEC and other instruments supplementing the said Directive.
(7) A human blood derivative, if used separately, may be considered to be a medicinal product constituent within the meaning of Council Directive 89/381/EEC(6). When it is incorporated into a medical device, the substance must be subject to appropriate checks by analogy with Council Directives 75/318/EEC(7) and 89/381/EEC. These checks will be carried out by the authorities empowered to implement the aforesaid Directives,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Directive 93/42/EEC is hereby amended as follows:
1. Article 1 shall be amended as follows:
(a) the following paragraph shall be inserted:
"4 a. Where a device incorporates, as an integral part, a substance which, if used separately, may be considered to be a medicinal product constituent or a medicinal product derived from human blood or human plasma within the meaning of Article 1 of Directive 89/381/EEC(8) and which is liable to act upon the human body with action ancillary to that of the device, hereinafter referred to as a 'human blood derivative', that device must be assessed and authorised in accordance with this Directive.";
(b) in paragraph 5, point (e) shall be replaced by the following:
"(e) human blood, blood products, plasma or blood cells of human origin with the exception of human blood derivatives;"
2. Annex I shall be amended as follows:
(a) in section 7.4, the following subparagraphs shall be added:
"Where a device incorporates, as an integral part, a human blood derivative, the notified body shall seek a scientific opinion from the European Agency for the Evaluation of Medicinal Products (EMEA) on the quality and safety of the derivative, taking account of the appropriate Community provisions and, in particular, by analogy with the provisions of Directives 75/318/EEC and 89/381/EEC. The usefulness of the derivative as a part of the medical device shall be verified, taking account of the intended purpose of the device.
In accordance with Article 4(3) of Directive 89/381/EEC, a sample from each batch of bulk and/or finished product of the human blood derivative shall be tested by a State laboratory or a laboratory designated for that purpose by a Member State."
(b) in section 13.3, the following subparagraph shall be added:
"(n) in the case of a device within the meaning of Article 1(4a), an indication that the device contains a human blood derivative."
3. Annex II shall be amended as follows:
(a) in section 3.2(c), the fifth indent shall be replaced by the following:
"- a statement indicating whether or not the device incorporates, as an integral part, a substance or a human blood derivative referred to in section 7.4 of Annex I and the data on the tests conducted in this connection required to assess the safety, quality and usefulness of that substance or human blood derivative, taking account of the intended purpose of the device.";
(b) in section 4.3, the second and third subparagraphs shall be replaced by the following subparagraphs:
"In the case of devices referred to in Annex I, section 7.4, first subparagraph, the notified body shall, as regards the aspects referred to in that section, consult one of the competent bodies designated by the Member States in accordance with Directive 65/65/EEC before taking a decision. The notified body will give due consideration to the views expressed in this consultation when making its decision. It will convey its final decision to the competent body concerned.
In the case of devices referred to in Annex I, section 7.4, second subparagraph, the scientific opinion of the EMEA must be included in the documentation concerning the device. The notified body will give due consideration to the opinion of the EMEA when making its decision. The notified body may not deliver the certificate if the EMEA's scientific opinion is unfavourable. It will convey its final decision to the EMEA.";
(c) the following section shall be added:
"8. Application to the devices referred to Article 1(4a):
Upon completing the manufacture of each batch of devices referred to in Article 1(4a), the manufacturer shall inform the notified body of the release of the batch of devices and send to it the official certificate concerning the release of the batch of human blood derivative used in the device, issued by a State laboratory or a laboratory designated for that purpose by a Member State in accordance with Article 4(3) of Directive 89/381/EEC."
4. Annex III shall be amended as follows:
(a) in section 3, the sixth indent shall be replaced by the following:
"- a declaration stating whether or not the device incorporates, as an integral part, a substance or human blood derivative, referred to in section 7.4 of Annex I, and the data on the tests conducted in this connection which are required to assess the safety, quality and usefulness of that substance or human blood derivative, taking account of the intended purpose of the device.";
(b) in section 5, the second and third subparagraphs shall be replaced by the following subparagraphs:
"In the case of devices referred to in Annex I, section 7.4, first subparagraph, the notified body shall, as regards the aspects referred to in that section, consult one of the competent bodies designated by the Member States in accordance with Directive 65/65/EEC before taking a decision. The notified body will give due consideration to the views expressed in this consultation when making its decision. It will convey its final decision to the competent body concerned.
In the case of devices referred to in Annex I, section 7.4, second subparagraph, the scientific opinion of the EMEA must be included in the documentation concerning the device. The notified body will give due consideration to the opinion of the EMEA when making its decision. The notified body may not deliver the certificate if the EMEA's scientific opinion is unfavourable. It will convey its final decision to the EMEA."
5. In Annex IV, the following section shall be added:
"9. Application to devices referred to in Article 1(4a):
In the case of section 5, upon completing the manufacture of each batch of devices referred to in Article 1(4a), and in the case of verification under section 6, the manufacturer shall inform the notified body of the release of this batch of devices and send to it the official certificate concerning the release of the batch of human blood derivative used in the device issued by a State laboratory or a laboratory designated for that purpose by a Member State in accordance with Article 4(3) of Directive 89/381/EEC."
6. In Annex V, the following section shall be added:
"7. Application to devices referred to in Article 1(4a):
Upon completing the manufacture of each batch of devices referred to in Article 1(4a), the manufacturer shall inform the notified body of the release of the batch of devices and send to it the official certificate concerning the release of the batch of human blood derivative used in the device issued by a State laboratory or a laboratory designated for that purpose by a Member State in accordance with Article 4(3) of Directive 89/381/EEC."
7. In Annex IX, Part III, section 4.1, the following subparagraph shall be added:
"All devices incorporating, as an integral part, a human blood derivative are in Class III."
Article 2
Implementation, transitional provisions
1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive before 13 December 2001. They shall immediately inform the Commission thereof.
Member States shall apply these measures with effect from 13 June 2002.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.
3. Member States shall take the necessary action to ensure that the notified bodies which are responsible pursuant to Article 16 of Directive 93/42/EEC for conformity assessment take account of all relevant information regarding the characteristics and performance of such devices, including in particular the results of any tests and verification already carried out under pre-existing national law, regulations or administrative provisions in respect of such devices.
4. During a period of five years following the entry into force of this Directive, Member States shall accept the placing on the market of such devices which conform to the rules in force in their territory on the date on which this Directive enters into force. For a further period of two years, the said devices may be put into service.
Article 3
This Directive shall enter into force on the date of its publication in the Official Journal of the European Communities.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 16 November 2000.
For the European Parliament
The President
N. Fontaine
For the Council
The President
R. Schwarzenberg
(1) OJ C 172, 7.7.1995, p. 21 and
OJ C 87, 18.3.1997, p. 9.
(2) OJ C 18, 22.1.1996, p. 12.
(3) Opinion of the European Parliament of 12 March 1996 (OJ C 96, 1.4.1996, p. 31), Council Common Position of 29 June 2000 (OJ C 245, 25.8.2000, p. 19) and European Parliament Decision of 24 October 2000.
(4) OJ L 169, 12.7.1993, p. 1. Directive as amended by Directive 98/79/EC of the European Parliament and of the Council (OJ L 331, 7.12.1998, p. 1).
(5) Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices (OJ L 331, 7.12.1998, p. 1).
(6) Council Directive 89/381/EEC of 14 June 1989 extending the scope of Directives 65/65/EEC and 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products and laying down special provisions for medicinal products derived from human blood or human plasma (OJ L 181, 28.6.1989, p. 44).
(7) Council Directive 75/318/EEC of 20 May 1975 on the approximation of the laws of Member States relating to analytical, pharmaco-toxicological and clinical standards and protocols in respect of the testing of medicinal products (OJ L 147, 9.6.1975, p. 1). Directive as last amended by Commission Directive 1999/83/EC (OJ L 243, 15.9.1999, p. 9).
(8) Council Directive 89/381/EEC of 14 June 1989 extending the scope of Directives 65/65/EEC and 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products and laying down special provisions for medicinal products derived from human blood or human plasma (OJ L 181, 28.6.1989, p. 44).
| Top |
托管标准,您可以接收以下服务:
1 标准定期系统查新,若有最新版本,会以站内短信或邮件的形式通知用户;
2 随时在标准托管页面中查看到该条标准的最新状态;
3 若用户有在学习和科研中的需要,可以在标准托管页面中试阅标准;
4 企业如果需要上新产品,我院及时提供标准查询、采购等方面的支持;
5 为企业在标准制修订、企业良好行为创建以及标准化试点过程中遇到的困难,可联系我院指定相关专家负责进行指导帮助、提供政策咨询;
6 为企业提供标准化政策的解读、标准化知识的推广培训、标准自我公开声明、标准文献的免费查询、企业标准化体系建设等方面的标准化服务;
标准资讯点击排行榜 全部
资讯标题点击
[[ n.title ]] [[ n.read ]]大连标准化公共服务平台
版权:大连标准化研究院有限公司
地址:大连市中山区高原街56号
电话:0411-82740851