QbD Group
    Regulatory Update

    MDCG 2024-13 and MDCG 2022-5 Rev 1 released

    On October 29th, 2024, the Medical Device Coordination Group (MDCG) released a new guidance (MDCG 2024-13) on the regulatory status of ethylene oxide (EtO) intended for the sterilisation of medical devices. In addition, the MDCG released its first revision (MDCG 2022-5 Rev 1) of the guidance on borderline between medical devices and medicinal products under Regulation (EU) 2017/745 on medical devices.

    Kirsten Van Garsse, Director AR Services and Manager IVD - RA and Anne Paulussen Senior Consultant IVD - RA

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    On October 29th, 2024, the Medical Device Coordination Group (MDCG) released a new guidance (MDCG 2024-13) on the regulatory status of ethylene oxide (EtO) intended for the sterilisation of medical devices. In addition the MDCG released its first revision (MDCG 2022-5 Rev 1) of the guidance on borderline between medical devices and medicinal products under Regulation (EU) 2017/745 on medical devices.

    MDCG 2024-13

    MDCG 2024-13 includes detailed information on the regulatory status of ethylene oxide (EtO) for the sterilisation of single-use medical devices during the manufacturing process which has been discussed in relation to the Review Programme under Regulation (EU) 528/2012 on biocidal products (BPR).

    Ethylene oxide (EtO) used to sterilize medical devices and IVDs during manufacturing, falls under MDR/IVDR regulations, which cover sterilization processes, but EtO itself is not classified as a medical device. Consequently, EtO is exempt from the Biocidal Products Regulation (BPR), per Article 2(2)(b) since it does not apply in case of biocidal products or treated articles falling within the scope of the MDR or IVDR. For health institutions, EtO used for pre-use or post-use device sterilization is considered a medical device accessory, keeping it regulated under MDR while remaining outside BPR scope.

    MDCG 2024-13: Regulatory status of ethylene oxide (EtO) intended for the sterilisation of medical devices.

    MDCG 2022-5 Rev 1

    The MDCG released its first revision on the guidance on borderline between medical devices and medicinal products under Regulation (EU) 2017/745 on medical devices. The update covers the inclusion of an additional example of medical devices.

    MDCG 2022 – 5 Rev. 1: Guidance on borderline between medical  devices and medicinal products under Regulation (EU) 2017/745 on medical devices.

    What does it mean to you?

    MDCG 2024-13 is crucial for IVD/MD manufacturers that use ethylene oxide during their manufacturing process.

    MDCG 2022-5 contains some very valuable insights when you are faced with a product of which you must determine if it falls under the MDR or the Medicinal Product Directive. It can also provide useful information for combination devices, that thus consist of a medical device and medicinal product part.

    Regulatory Affairs

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    About the Author

    Kirsten Van Garsse
    Kirsten Van Garsse

    MSc Biomedical Sciences · Director Authorised Representative Services & Manager IVD – Regulatory Affairs

    With over 20 years of experience in the diagnostics industry, Kirsten leads the IVD Regulatory Affairs business unit at QbD Group, guiding regulatory strategy and compliance across all IVDs with a focus on companion diagnostics.

    QbD Group

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