Commission Directive 2003/32/EC of 23 April 2003 introducing detailed specifications as regards the requirements laid down in Council Directive 93/42/EEC with respect to medical devices manufactured utilising tissues of animal origin (Text with EEA relevance)
Date: 2003-04-23
Institutions: European Commission
Subjects: bovine spongiform encephalopathy, disease vector, health risk, material of animal origin, medical device

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COMMISSION DIRECTIVE 2003/32/EC

of 23 April 2003

introducing detailed specifications as regards the requirements laid down in Council Directive 93/
42/EEC with respect to medical devices manufactured utilising tissues of animal origin

(Text with EEA relevance)

(1)

(2)

(3)

(4)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(7)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 93/42/EEC of 14 June 1993
concerning medical devices (1), as last amended by Directive
2001/104/EC of
the
Council (2), and in particular Article 14(b) thereof,

the European Parliament

and of

Whereas:

On 5 March 2001 France adopted a national measure
prohibiting the manufacture, placing on the market,
distribution, import, export and use of medical devices
manufactured from materials of animal origin, where
these are used as dura mater substitutes.

France justified the measure by the uncertainties that
exist with regard to the risk of transmission to humans
of animal
from such
spongiform encephalopathies
medical devices, and by the fact that alternatives are
available, in the form of synthetic materials or autolo-
gous materials taken from the patient.

The Scientific Committee on Medicinal Products and
Medical Devices has adopted an opinion on the use of
Transmissible Spongiform Encephalopathies (TSE) risk
materials for the manufacture of implantable medical
devices, which recommends that manufacturers of these
tissues or derivatives be
devices that utilise animal
required, as an essential part of the risk management, to
fully justify the use of these tissues in the context of the
benefits to patients and of the comparison with alterna-
tive materials.

(8)

(9)

The Scientific Steering Committee has adopted several
opinions on specified risk materials and on the products
derived from ruminant
tissues, such as gelatine and
collagen, which are of direct relevance to the safety of
medical devices.

Medical devices manufactured utilising non-viable animal
tissues or derivatives rendered non-viable are Class III
devices in accordance with the classification rules set out
in Annex IX to Directive 93/42/EEC, except where such
devices are intended to come into contact with intact
skin only.

Other Member States have taken unilateral national
measures on other legal bases in relation to the use of
certain raw materials originating from animal tissues and
presenting specific risks of transmitting animal spongi-
form encephalopathies.

(10)

Prior to being placed on the market, medical devices,
whether
they originate in the Community or are
imported from third countries, are subject to the confor-
mity assessment procedures laid down in Directive 93/
42/EEC.

All those national measures are related to the general
protection of public health against the risks of transmit-
ting the animal spongiform encephalopathies via medical
devices.

(5) With regard to the sourcing of materials used in medical
devices the provisions set out in Regulation (EC) No
1774/2002 of
the
Council of 3 October 2002 laying down health rules
concerning animal by-products not intended for human
consumption (3) apply.

the European Parliament and of

(6)

In order to improve the level of safety and health protec-
tion, it is necessary to further reinforce the protective
measures against the overall risk of transmitting animal
spongiform encephalopathies via medical devices.

(1) OJ L 169, 12.7.1993, p. 1.
(2) OJ L 6, 10.1.2002, p. 50.
(3) OJ L 273, 10.10.2002, p. 1.

(11) Annex I to Directive 93/42/EEC sets out the essential
requirements that medical devices must meet pursuant
to that Directive. Points 8.1 and 8.2 of that Annex set
out specific requirements intended to eliminate or reduce
as far as possible the risk of infection for the patient,
user and third parties due to tissues of animal origin and
specifies that the solutions adopted by the manufacturer
in the design and construction of
the devices must
conform to safety principles taking into account the
generally acknowledged state of the art.

(12) With regard to medical devices manufactured utilising
tissues of animal origin it is necessary to adopt more
detailed specifications in relation to the requirements of
point 8.2 of Annex I to Directive 93/42/EEC and to
specify certain aspects relating to the risk analysis and
risk management in the framework of the conformity
assessment procedures referred to in Article 11 of that
Directive.

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(13)

(14)

(15)

Some of the terms used in Directive 93/42/EEC should
be further clarified in order to ensure a uniform imple-
mentation of this Directive.

It is necessary to provide for an adequate transitional
period for medical devices already covered by an EC
design-examination certificate or by an EC type examina-
tion certificate.

The measures provided for in this Directive are in accor-
dance with the opinion of the Committee on Medical
Devices set up by Article 6(2) of Council Directive 90/
385/EEC (1),

HAS ADOPTED THIS DIRECTIVE:

Article 1

1.
This Directive lays down detailed specifications in relation
to risks of transmitting transmissible spongiform encephalo-
phathies (TSE) under normal conditions of use to patients or
others, via medical devices manufactured utilising animal tissue
which is rendered non-viable or non-viable products derived
from animal tissue.

2.
The animal tissues covered by this Directive are those
originating from bovine, ovine and caprine species, as well as
deer, elk, mink and cats.

Collagen, gelatin and tallow used for the manufacturing
3.
of medical devices, shall meet at least the requirements as fit
for human consumption.

(f) ‘reduction, elimination or removal’ means a process by
which the number of transmissible agents is reduced, elimi-
nated or removed in order to prevent infection or patho-
genic reaction;

(g) ‘inactivation’ means a process by which the ability to cause
infection or pathogenic reaction by transmissible agents is
reduced;

(h) ‘source country’ means the country in which the animal
was born, has been reared and/or has been slaughtered;

(i) ‘starting materials’ means

raw materials or any other
product of animal origin out of which, or with the help of
which, the devices referred to in Article 1(1) are produced.

Article 3

Before lodging an application for a conformity assessment
pursuant to Article 11(1) of Directive 93/42/EEC, the manufac-
turer of medical devices referred to in Article 1(1), shall carry
out the risk analysis and the risk management scheme set out
in the Annex to this Directive.

Article 4

Member States shall verify that bodies notified under Article 16
of Directive 93/42/EEC have up-to-date knowledge of
the
medical devices referred to in Article 1(1), in order to assess
the conformity of those devices referred to in Article 1(1) with
the provisions of Directive 93/42/EEC and with the specifica-
tions laid down in the Annex to this Directive.

This Directive does not apply to medical devices referred
4.
to in paragraph 1, which are not intended to come into contact
with the human body or which are intended to come into
contact with intact skin only.

If, on the basis of that verification, it is necessary for a Member
State to amend the tasks of a notified body, that Member State
shall notify the Commission and the other Member States
accordingly.

Article 2

Article 5

For the purposes of this Directive, the following definitions
shall apply in addition to the definitions set out in Directive
93/42/EEC:

(a) ‘cell’ means the smallest organised unit of any living form
which is capable of independent existence and of replace-
ment of its own substance in a suitable environment;

Conformity assessment procedures for medical devices
1.
referred to in Article 1(1), shall include the evaluation of their
compliance with the essential requirements of Directive 93/42/
EEC and the specifications laid down in the Annex to this
Directive.

(b) ‘tissue’ means an organisation of cells and/or extra-cellular

constituents;

Notified bodies shall evaluate the manufacturer's risk

2.
analysis and risk management strategy, and in particular:

(c) ‘derivative’ means a material obtained from an animal tissue
by a manufacturing process such as collagen, gelatine,
monoclonal antibodies;

(a) the information provided by the manufacturer;

(b) the justification for the use of animal tissues or derivatives;

(d) ‘non-viable’ means having no potential for metabolism or

(c) the results of elimination and/or inactivation studies or of

multiplication;

literature search;

(e) ‘transmissible agents’ means unclassified pathogenic entities,
prions and such entities as bovine spongiform encephalo-
phathies agents and scrapie agents;

(d) the manufacturer's control of the sources of raw materials,

finished products and subcontractors;

(e) the need to audit matters related to sourcing,

including

(1) OJ L 189, 20.7.1990, p. 17.

third party supplies.

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Notified bodies shall, during the evaluation of the risk
3.
analysis and risk management in the framework of the confor-
mity assessment procedure, take account of the TSE certificate
of suitability issued by the European Directorate for the Quality
of Medicines, hereinafter ‘TSE certificate’, for starting materials,
where available.

4.
Except for medical devices using starting materials for
which a TSE certificate has been issued as referred to in para-
graph 3, national bodies
through their competent
shall,
authority, seek the opinion of the competent authorities of the
other Member States on their evaluation of and conclusions on
the risk analysis and risk management of the tissues or the deri-
vatives intended to be incorporated in the medical device as
established by the manufacturer.

Before issuing an EC design-examination certificate or an EC
type-examination certificate, the notified bodies shall give due
consideration to any comments received within 12 weeks from
the national competent
the date on which the opinion of
authorities was sought.

Until 30 September 2004, Member States shall accept the
2.
placing on the market and the putting into service of medical
devices referred to in Article 1(1) which are covered by an EC
design-examination certificate or an EC type-examination certi-
ficate issued before 1 April 2004.

Article 8

1. Member States shall adopt and publish before 1 January
2004 the provisions necessary to comply with this Directive.
They shall forthwith inform the Commission thereof.

They shall apply those provisions with effect from 1 April
2004.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a refer-
ence at the time of their official publication. Member States
shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the
texts of the provisions of national law which they adopt in the
field covered by this Directive.

Article 6

Article 9

Member States shall take all necessary steps to ensure that
medical devices referred to in Article 1(1) are placed on the
market and put into service only if they comply with the provi-
sions of Directive 93/42/EEC and the specifications laid down
in the Annex to this Directive.

Article 7

Holders of EC design-examination certificates or EC type-
1.
examination certificates issued before 1 April 2004 for medical
devices referred to in Article 1(1) shall apply for a complemen-
tary EC design-examination certificate or EC type-examination
certificate attesting to compliance with the specifications laid
down in the Annex to this Directive.

This Directive shall enter into force on the 20th day following
that of its publication in the Official Journal of the European
Union.

This Directive is addressed to the Member States.

Article 10

Done at Brussels, 23 April 2003.

For the Commission

Erkki LIIKANEN

Member of the Commission

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1.

RISK ANALYSIS AND RISK MANAGEMENT

1.1.

Justification for the use of animal tissues or derivatives

ANNEX

The manufacturer must justify, on the basis of his overall risk analysis and risk management strategy for a
specific medical device, the decision to use animal tissues or derivatives, referred to in Article 1, (specifying
animal species and tissues) taking into account the expected clinical benefit, potential residual risk and suitable
alternatives.

1.2.

Assessment procedure

In order to ensure a high level of protection for patients or users, the manufacturer of devices utilising animal
tissues or derivatives referred to in point 1.1 must implement an appropriate and well documented risk analysis
and risk management strategy, to address all relevant relating aspects to TSE. He must identify the hazards asso-
ciated with those tissues or derivatives, establish documentation on measures taken to minimise the risk of
transmission and demonstrate the acceptability of the residual risk associated with the device utilising such
tissues or derivatives, taking into account the intended use and the benefit of the device.

The safety of a device, in terms of its potential for passing on a transmissible agent, is dependent on all the
factors described in points 1.2.1 to 1.2.7, which must be analysed, evaluated and managed. These measures in
combination determine the device safety.

There are two key steps that must be considered.

These are:

— selecting starting materials (tissues or derivatives) considered appropriate regarding their potential contami-

nation with transmissible agents (see 1.2.1, 1.2.2 and 1.2.3) taking into account further processing,

— applying a production process to remove or inactivate transmissible agents on controlled sourced tissues or

derivatives (see 1.2.4).

Furthermore, the characteristics of the device and its intended use must be taken into account (see 1.2.5, 1.2.6
and 1.2.7).

In performing the risk analysis and risk management strategy, due consideration must be given to opinions
adopted by the relevant scientific committees, and where appropriate to the opinions of the Committee for
Proprietary Medicinal Products CPMP, the references of which have been published in the Official Journal of the
European Union.

1.2.1. Animals as a source of material

The TSE risk is related to the source species, strains and nature of the starting tissue. As the accumulation of
TSE infectivity occurs over an incubation period of several years, sourcing from young healthy animals is
considered to be a factor reducing the risk. Risk animals such as fallen stock, emergency slaughtered and TSE
suspected animals must be excluded.

1.2.2.

Geographical sourcing

Pending the classification of countries according to the BSE status in Regulation (EC) No 999/2001 of the
European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and
eradication of certain transmissible spongiform encephalopathies (1), the Geographical BSE risk (GBR) is used
when assessing the risk of the source country. The GBR is a qualitative indicator of the likelihood of the
presence of one or more cattle being infected with BSE, pre-clinically as well as clinically, at a given point in
time, in a country. Where presence is confirmed, the GBR gives an indication of the level of infection as speci-
fied in the table below.

GBR level

Presence of one or more cattle clinically or pre-clinically infected with the BSE agent in a geographical
region/country

I

II

III

IV

Highly unlikely

Unlikely but not excluded

Likely but not confirmed or confirmed, at a lower level

Confirmed, at a higher level

(1) OJ L 147, 31.5.2001, p. 1.

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Certain factors influence the geographical risk of BSE infection associated with the use of raw tissues or deriva-
tives from individual countries. These factors are defined in Article 2.3.13.2, point 1) of the International
Animal Health Code of the OIE (Office International des Épizooties), which is available at web-site www.oie.int/
eng/normes/Mcode/A_00067.htm

The Scientific Steering Committee has made an assessment of Geographical BSE Risk (GBR) of several third
countries and Member States, and will continue to do so for all the countries, which applied for BSE status cate-
gorisation, taking the main OIE factors into account.

1.2.3. Nature of starting tissue

The manufacturer must take into account the classification of the hazards relating to different type of starting
tissue. Sourcing of animal tissue must be subject to control and individual inspection by a veterinarian and the
animal carcass must be certified as fit for human consumption.

The manufacturer must ensure that no risk of cross-contamination occurs at the time of slaughtering.

The manufacturer must not source animal tissue or derivatives classified as potentially high TSE infectivity,
unless sourcing of these materials is necessary in exceptional circumstances, taking into account the important
benefit for the patient and the absence of an alternative starting tissue.

In addition, the provisions in Regulation (EC) No 1774/2002 of the European Parliament and of the Council of
3 October 2002 laying down health rules concerning animal by-products not intended for human consumption
must be applied.

1.2.3.1. Sh ee p a nd g oa ts

A classification of infectivity in tissues for sheep and goats has been established based on actual knowledge on
the basis of the titres of transmissible agents in tissues and body fluids from naturally infected sheep and goats
with clinical scrapie. A table was presented in the Scientific Steering Committee (SSC) opinion of 22-23 July
1999 on ‘The policy of breeding and genotyping of sheep’, (as an annex) (1) and further updated in the opinion
of the SSC — TSE infectivity distributed in ruminant tissues state of knowledge December 2001 — adopted 10-
11 January 2002 (2).

The classification may be reviewed in the light of new scientific evidence (for example using relevant opinions
from the Scientific Committees, the Committee for Proprietary Medicinal Products CPMP and Commission
Measures regulating the use of material presenting risks as regards TSE). A review of the references to relevant
documents/opinions will be published in the Official Journal of the European Union and will be listed after a
Commission Decision has been taken.

1.2.3.2. Ca ttle

The list of specified risk material (SRM) laid down in Regulation (EC) No 999/2001 shall be considered as
potentially high TSE infective.

1.2.4.

Inactivation or removal of transmissible agents

1.2.4.1. For devices which cannot withstand an inactivation/elimination process without undergoing unacceptable

degradation, the manufacturer must rely principally on the control of sourcing.

1.2.4.2. For other devices, if claims are made by the manufacturer for the ability of manufacturing processes to remove

or inactivate transmissible agents, these will have to be substantiated by appropriate documentation.

Relevant information from an appropriate scientific literature search and analysis can be used to support inacti-
vation/elimination factors, where the specific processes referred to the literature are comparable to those used
for the device. This search and analysis should also cover the available scientific opinions that may have been
adopted by a EU Scientific Committee. These opinions shall serve as a reference, in cases where there are
conflicting opinions.

When the literature search failed to substantiate the claims, the manufacturer must set up a specific inactivation
and/or elimination study on a scientific basis and the following need to be considered:

— the identified hazard associated with the tissue,

— identification of the relevant model agents,

— rationale for the choice of the particular combinations of model agents,

(1) Available on the website of the Commission

http://europa.eu.int/comm/food/fs/sc/ssc/outcome_en.html.

(2) Available on the website of the Commission

http://europa.eu.int/comm/food/fs/sc/ssc/outcome_en.html.

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— identification of stage chosen to eliminate and/or inactivate the transmissible agents,

— calculation of the reduction factors.

A final report must identify manufacturing parameters and limits that are critical to the effectiveness of the
inactivation or elimination process.

Appropriate documented procedures must be applied to ensure that the validated processing parameters are
applied during routine manufacture.

1.2.5. Quantities of animal starting tissues or derivatives required to produce one unit of the medical device

The manufacturer must evaluate the quantity of raw tissues or derivatives of animal origin required to produce
a single unit of the medical device. Where a purification process is involved, the manufacturer must assess
whether it may have the potential to concentrate levels of transmissible agents present in the animal starting
tissues or derivatives.

1.2.6.

Tissues or derivatives of animal origin coming into contact with the patients and users

The manufacturer must consider:

(i) the quantity of animal tissues or derivatives;

(ii) the contact area: its surface, type (e.g. skin, mucous tissue, brain) and condition (e.g. healthy or damaged);

(iii) the type of the tissues or derivatives coming into contact with the patients and/or users; and

(iv) how long the device is intended to remain in contact with the body (including bioresorption effect).

The number of medical devices that could be used in a given procedure shall be taken into account.

1.2.7.

Route of administration

The manufacturer must take into account the route of administration recommended in the product information,
from the highest risk down to the lowest.

1.3.

Review of the assessment

The manufacturer must establish and maintain a systematic procedure to review information gained about their
medical device or similar devices in the post-production phase. The information must be evaluated for possible
relevance to safety, especially:

(a) if previously unrecognised hazards are detected;

(b) if the estimated risk arising from a hazard is no longer acceptable;

(c) if the original assessment is otherwise invalidated.

If any of the above apply, the results of the evaluation shall be fed back as an input to the risk management
process.

In the light of this new information, a review of the appropriate risk management measures for the device must
be considered (including rationale for choosing an animal tissue or derivative). If there is a potential that the resi-
dual risk or its acceptability has changed, the impact on previously implemented risk control measures must be
re-evaluated and justified.

The results of this evaluation must be documented.

2.

EVALUATION OF CLASS III MEDICAL DEVICES BY NOTIFIED BODIES

For devices falling into Class III under rule 17 (1) of Annex IX to Directive 93/42/EEC, manufacturers must
provide to the notified bodies referred to in Article 4 of this Directive all relevant information to allow evalua-
tion of their current risk analysis and risk management strategy. Any new information on TSE risk, collected by
the manufacturer and relevant for their devices must be sent to the notified body for information.

Any change in relation to processes of sourcing, collection, handling and inactivation/elimination and that could
modify the result of the manufacturer's risk management dossier must be transmitted to the notified body for
the purpose of an additional approval prior to its implementation.

(1) All medical devices utilising animal tissue or derivatives rendered non-viable except devices intended to come into contact with intact

skin only.