Subsection 8: EC declaration of conformity, production quality assurance.

Articles in this section · 1

Article R5221-28

French Public Health CodeIn force

Updated 1 Nov 2023

As part of the EC declaration of conformity procedure, production quality assurance, the manufacturer must submit to an authorized body for verification the manufacturing quality system which he has set up to ensure conformity of the in vitro diagnostic medical devices with the approved type described in an EC type-examination certificate.

The manufacturer submits an application to the approved body for assessment of this quality system, which includes technical documentation setting out all the requirements and provisions adopted by the manufacturer for his quality system.

The manufacturer undertakes to maintain an appropriate and efficient quality system and to fulfil the obligations arising from it. The manufacturer also undertakes to implement and keep up to date a systematic procedure for examining the data acquired on in vitro diagnostic medical devices and to apply the necessary corrective measures.

The assessment by the approved body of the quality system includes an inspection on the manufacturer's premises and, in duly substantiated cases, on the premises of suppliers or subcontractors to check the manufacturing processes.

The decision of the approved body is notified to the manufacturer. It contains the conclusions of the inspection and a reasoned assessment.

In addition, for in vitro diagnostic medical devices included on list A of the order mentioned in article R. 5221-6, a production inspection is carried out by the authorised body. To this end, the manufacturer sends the body the documents required for quality control of the devices or batches of devices manufactured and provides it with a sample of devices or batches of devices manufactured under mutually agreed conditions. On expiry of a contractually agreed period, which may not exceed thirty days from receipt of the sample by the approved body, the manufacturer may place these devices or batches of devices on the market if the approved body has not notified him of a decision to the contrary.

The manufacturer shall ensure that the quality system as approved is applied and shall carry out the final inspection of the in vitro diagnostic medical devices.

The manufacturer shall certify that the in vitro diagnostic medical devices manufactured conform to the type described in the EC type-examination certificate and comply with the provisions of this Title and of the Orders made for its application which are applicable to them.

It shall inform the authorized body which approved the quality system of any plans for major changes to this system. The approved body shall verify that the system thus modified ensures conformity of the in vitro diagnostic medical devices manufactured with the type described in the EC type-examination certificate. The approved body notifies the manufacturer of its decision.

The manufacturer must provide the authorized body with the information necessary to ensure that the obligations arising from his quality system are fulfilled and authorize the authorized body to carry out all necessary inspections. The approved body must periodically carry out appropriate inspections and assessments and may, during unannounced visits, carry out tests or have tests carried out to check the operation of the quality system.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More