The evaluation of the clinical data referred to in Article L. 5211-3-2, hereinafter referred to as the “clinical evaluation”, must, taking into account any relevant harmonised standards, follow a procedure based on either:
-either a critical assessment of the relevant scientific literature currently available concerning the safety, performance, characteristics, design and intended purpose of the device, demonstrating the equivalence of the device with the device to which the data refer and compliance with the applicable essential requirements ;
-a critical evaluation of the results of all the clinical investigations carried out; or
-a critical assessment of the combination of the clinical data mentioned in the previous two paragraphs.
Where the use of clinical data is considered irrelevant in demonstrating the conformity of a medical device with the essential requirements, the absence of such data must be justified by the results of risk management, in the light of the specific characteristics of the interaction between the device and the human body, the clinical performance sought and the manufacturer’s claims.
If demonstration of conformity with the essential requirements is based solely on performance evaluation, test benches and pre-clinical evaluation, the validity of this demonstration must be duly justified and documented.