© obelis s.a. 2013 code of conduct of authorised representative services under the council...

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© Obelis s.a. 2013 CODE OF CONDUCT of Authorised Representative services under the Council Directive 93/42/EEC, Directive 98/79/EC and Council Directive 90/385/EEC 1

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Page 1: © Obelis s.a. 2013 CODE OF CONDUCT of Authorised Representative services under the Council Directive 93/42/EEC, Directive 98/79/EC and Council Directive

© Obelis s.a. 2013

CODE OF CONDUCT 

of Authorised Representative services under the Council Directive 93/42/EEC, Directive 98/79/EC

and Council Directive 90/385/EEC

1

Page 2: © Obelis s.a. 2013 CODE OF CONDUCT of Authorised Representative services under the Council Directive 93/42/EEC, Directive 98/79/EC and Council Directive

© Obelis s.a. 2013

Presentation Structure

1. Definition

2. Main Changes

3. Purpose of the Code of Conduct

4. Chapters overview

2

Page 3: © Obelis s.a. 2013 CODE OF CONDUCT of Authorised Representative services under the Council Directive 93/42/EEC, Directive 98/79/EC and Council Directive

© Obelis s.a. 2013

1. Code of Conduct definitionDefinition 1:A Code of conduct is a set of rules outlining the responsibilities of or proper practices for an individual or organisation. Related concepts include ethical codes and honour codes. (http://en.wikipedia.org/wiki/Code_of_conduct )

Definition 2:Principles, values, standards, or rules of behavior that guide the decisions, procedures and systems of an organization in a way that (a) contributes to the welfare of its key stakeholders, and (b) respects the rights of all constituents affected by its operations.“ (International Good Practice Guidance, Defining and Developing an Effective Code of Conduct for Organizations, (2007))

Page 4: © Obelis s.a. 2013 CODE OF CONDUCT of Authorised Representative services under the Council Directive 93/42/EEC, Directive 98/79/EC and Council Directive

© Obelis s.a. 2013

2. Main changes Incorporation of new proposal Regulation requirements for AR

(COM(2012) 542 final/2012/0266 (COD))

More detailed and explicit due to the enforcement of AR’s role by recent

law revisions

Introduction of clear procedures of assessment

Mandatory to all EAAR Members

Page 5: © Obelis s.a. 2013 CODE OF CONDUCT of Authorised Representative services under the Council Directive 93/42/EEC, Directive 98/79/EC and Council Directive

© Obelis s.a. 2013

3. Purpose of the Code of Conduct

to establish a common set of minimum required standards to define rules on qualification of work and personnel

to ensure a harmonized quality of work amongst the participating AR

assure high quality of service and high ethical standards

Page 6: © Obelis s.a. 2013 CODE OF CONDUCT of Authorised Representative services under the Council Directive 93/42/EEC, Directive 98/79/EC and Council Directive

© Obelis s.a. 2013

4. Implementation and monitoring

AR QMS in compliance with Code of Conduct

Implementation of Code within 6 months upon signature

Assessment procedure via two external auditors

Criteria and procedure for dismissing existing members

Page 7: © Obelis s.a. 2013 CODE OF CONDUCT of Authorised Representative services under the Council Directive 93/42/EEC, Directive 98/79/EC and Council Directive

© Obelis s.a. 2013

4. Nature of Authorised Representatives

Definition of AR

Registered place (legal entity) and availability during all working days

1 AR per generic device group

AR with EUDAMED authorization code

Page 8: © Obelis s.a. 2013 CODE OF CONDUCT of Authorised Representative services under the Council Directive 93/42/EEC, Directive 98/79/EC and Council Directive

© Obelis s.a. 2013

4. Qualification and Assignment

Availability, Knowledge & Confidentiality- availability during office hours- person responsible for regulatory compliance

Independency & Neutrality

QMS & Assessment- ISO 13485- CA assessments

Page 9: © Obelis s.a. 2013 CODE OF CONDUCT of Authorised Representative services under the Council Directive 93/42/EEC, Directive 98/79/EC and Council Directive

© Obelis s.a. 2013

4. Role and responsibilities

AR to assess the manufacturer’s ability to fulfill his regulatory

obligations

AR to verify if product falls under medical device definition

AR to review conformity of technical documentation (listed i-viii)

AR to rescind the contract in case of manufacturer’s non

compliancy

AR to inform CA and NB accordingly

Page 10: © Obelis s.a. 2013 CODE OF CONDUCT of Authorised Representative services under the Council Directive 93/42/EEC, Directive 98/79/EC and Council Directive

© Obelis s.a. 2013

4. Mandate

The mandate must allow and require the authorised representative to

perform all tasks mentioned in art. 9 par. 3 of the proposal

Other tasks also mentioned, derived from manufacturers regulatory

obligations (Directive, MEDDEV, proposal of Regulation)

Page 11: © Obelis s.a. 2013 CODE OF CONDUCT of Authorised Representative services under the Council Directive 93/42/EEC, Directive 98/79/EC and Council Directive

© Obelis s.a. 2013

4. Rules for Certification

Guidelines on Certification

Technical documentation overview certifies what AR reviewed at the time

being (signature date); the AR holds no responsibility in case of any later modification by the manufacturer (same as pre-market notification documentation)

Page 12: © Obelis s.a. 2013 CODE OF CONDUCT of Authorised Representative services under the Council Directive 93/42/EEC, Directive 98/79/EC and Council Directive

© Obelis s.a. 2013

Obelis European Authorized Representative Center

(O.E.A.R.C.)Registered address:Bd. Général Wahis 53

1030 Brussels, Belgium

Registered office address:Av. de Tervueren 34 B 441040 Brussels, Belgium

Tel: +32 (0) 2 732 5954Fax: +32 (0) 2 732 6003E-mail: [email protected]

www.obelis.net 12