The three previous European directives on medical devices were replaced by two regulations:
- Regulation 2017/745 on medical devices;
- Regulation 2017/746 on in vitro diagnostic medical devices.
These regulations did not have to be transposed into national law to be applicable. However, the regulations do provide that some measures can be taken by national legislation in order to implement the regulations.
For medical devices, this was done by the Law of December 22, 2020, together with the following implementing acts:
- Royal Decree of April 28, 2021 - Royal Decree modifying and withdrawing various provisions on medical devices;
- Royal Decree May 12, 2021 - Royal Decree implementing the Law of December 22, 2020 on medical devices;
- Royal Decree May 18, 2021 - Royal Decree on the clinical examination of medical devices.
For in vitro diagnostic medical devices, this was done by the Law of June 15, 2022, along with the following implementing acts:
- Royal Decree of September 13, 2022 - Royal Decree modifying and withdrawing various provisions relating to in vitro diagnostic medical devices;
- Royal Decree of September 14, 2022 - Royal Decree implementing the Law of June 15, 2022 on in vitro diagnostic medical devices;
- Royal Decree of September 25, 2022 - Royal Decree on performance studies of in vitro diagnostic medical devices.
Which regulation replaces which directive?
Regulation (EU) 2017/745 on medical devices replaces:
- Directive 90/385/EC on active implantable medical devices, transposed into Belgian law by the Royal Decree of July 15, 1997;
- Directive 93/42/EC on medical devices, transposed into Belgian law by the Royal Decree of March 18, 1999.
Regulation (EU) 2017/746 on in vitro diagnostic medical devices replaces:
- Directive 98/79/EC on in vitro diagnostic medical devices, transposed into Belgian law by the Royal Decree of November 14, 2001.
Also other regulations cover medical device activities:
- Law of March 25, 1964 on medicines;
- Law of July 20, 2006 on the establishment and operation of the Federal Agency for Medicines and Health Products;
- Law of December 15, 2013 on medical devices;
- Law of March 11, 2018 regarding the financing of the Federal Agency for Medicines and Health Products;
- Royal Decree of November 15, 2017 regarding the notification of a materiovigilance contact point and the registration of medical device distributors and exporters;
- Royal Decree of September 27, 2020 regarding the central traceability register and implementing Article 51 of the law of December 15, 2013 regarding medical devices.