PART IVIn Vitro Diagnostic Medical Devices

CE marking ofin vitro diagnostic medical devices that come within the scope of more than one Directive37

Where a relevant device comes within the scope of Directive 98/79 and another Directive (“the other Directive”) issued by one or more of the institutions of the Community, no person shall affix a CE marking to the device unless the relevant requirements of the other Directive are satisfied, except where—

a

the other Directive includes a provision allowing the manufacturer of the device to choose, during a transitional period that has not ended, which set of arrangements applies to it;

b

the manufacturer chooses to follow the set of arrangements in Directive 98/79;

c

the marking of the device indicates that the device only satisfies the set of arrangements chosen by the manufacturer; and

d

the particulars of Directive 98/79, as published in the Official Journal of the European Communities, are given in the documents, notices or instructions accompanying the device.