Art. 2 Exceptions
1 This Ordinance does not apply to: - a.
- human blood, blood products, plasma or blood cells of human origin, or devices which incorporate, when placed on the market or put into service, such blood products, plasma or cells except for devices referred to in Article 1 paragraph 3 letter a;
- b.
- vital organs, tissues or cells and transplant products of human origin;
- c.
- vital organs, tissues or cells and transplant products of animal origin;
- d.
- products other than those referred to in letters a–c that contain or consist of viable biological material or viable organisms, including living micro-organisms, bacteria, fungi or viruses, in order to achieve or support the intended purpose of the product;
- e.
- in vitro diagnostic medical devices; these are subject to Articles 105 and 107;
- f.
- non-separable combinations of a medicinal product and device intended to administer a medicinal product that are intended solely for use in this combination and are not reusable;
- g.
- combinations which, when placed on the market or put into service, incorporate as an integral part a medicinal product in addition to the device, where the medicinal product assumes a primary function in such combinations;
- h.
- combinations which, when placed on the market or put into service, incorporate as an integral part non-viable tissues or non-viable cells of human origin or their derivatives in addition to the device, where such tissues, cells or derivatives assume a primary function in the device;
- i.
- medical devices intended solely for use in animals or veterinary diagnostics;
- j.8
- combinations which, when placed on the market or put into service, incorporate as an integral part transplant products in addition to the device.
2 In the cases specified in paragraph 1 letters f–h and j, the part of the combination that is deemed to be a device must satisfy the general safety and performance requirements set out in Article 6.9 8 Inserted by Annex 5 No 1 of the O of 4 May 2022 on In Vitro Diagnostic Medical Devices, in force since 26 May 2022 (AS 2022 291). 9 Amended by Annex 5 No 1 of the O of 4 May 2022 on In Vitro Diagnostic Medical Devices, in force since 26 May 2022 (AS 2022 291).
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