For the devices mentioned in Article 1 of Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017, the list of which is set by decision of the Director General of the Agence nationale de sécurité du médicament et des produits de santé, the operator is required to ensure that this performance and the maintenance of the medical device are maintained.
This obligation gives rise, where appropriate, to quality control, the procedures for which are defined by decree and the cost of which is borne by the operators of the devices.
The natural person or legal entity responsible for the sale, whether in return for payment or free of charge, of a second-hand medical device appearing on a list drawn up by decision of the Director General of the Agence nationale de sécurité du médicament et des produits de santé (French National Agency for the Safety of Medicines and Health Products), shall draw up, in accordance with the procedures laid down by decree in the Conseil d’Etat, a certificate attesting to the regular maintenance and continued performance of the medical device concerned.
Failure to comply with the provisions of this article may result in the temporary or permanent withdrawal from service of the device, ordered by the Agence nationale de sécurité du médicament et des produits de santé, as well as, where applicable, the withdrawal or suspension of the authorisation for the installation under the conditions laid down in articles L. 6122-11 and L. 6122-13.