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Art. 75 Principle
1 Inspections under the auspices of market surveillance shall cover devices made available on the market, conformity assessment procedures, device surveillance, device handling and economic operators’ fulfilment of their obligations. They shall also cover devices made available in contracting states by natural or legal persons domiciled in Switzerland, the conformity assessment procedures and surveillance activities for such devices and the natural or legal persons’ fulfilment of their obligations. 2 The market surveillance activities undertaken by Swissmedic and the Cantons are governed by Article 66 TPA and Articles 93–95, 97 and 98 EU MDR115. Articles 97 paragraph 3 and 98 paragraphs 3 and 4 EU MDR are excluded.116 3 The Cantons shall draw up annual plans for their market surveillance activities under paragraph 2. They shall provide Swissmedic with an annual summary of the results of their surveillance activities. Swissmedic may determine both the content of the summary and the form in which it is made available. 4 In case of an actual necessity for the protection of public health, Swissmedic shall decree the measures under Article 66 TPA in a general ruling. 115 See footnote to Art. 4 para. 1 let. f. 116 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). |