EFLM position statement on the proposed 2025/0404(COD) IVDR Amendment of Article 5.5

Regulation (EU) 2017/746 on in vitro diagnostic medical devices (IVDR) was introduced to enhance patient safety and ensure the availability of safe and effective diagnostics across the European Union. However, its implementation has led to substantial unintended consequences, including certification bottlenecks, market withdrawals, diagnostic shortages, and delayed innovation, with disproportionate impact on small and medium enterprises and on healthcare institutions developing in-house in vitro diagnostic devices (IH-IVDs). As a result, thousands of diagnostic tests have been lost during the transition to IVDR. Restrictions imposed by Article 5.5 of the IVDR have proven particularly harmful for IH-IVDs addressing rare diseases, niche indications, and key developments such as precision oncology and precision coagulation, among others. In December 2025, the European Commission published a targeted legislative proposal (2025/0404(COD)) to amend the IVDR. This EFLM position statement critically evaluates the proposed reforms, with a specific focus on the revision of Article 5.5. The proposal introduces a more proportional, risk-based regulatory framework, reduces administrative burden, modernizes clinical evidence requirements, and strengthens predictability and regulatory capacity. Key improvements include removal of the equivalence justification requirement, recognition of existing laboratory quality management systems, increased flexibility in the use and transfer of in-house devices when justified by patient safety or public health, and extension of the in-house exemption to certain clinical trial laboratories. While the proposal represents a significant step forward, remaining challenges include the need for clearer definitions and harmonized guidance to avoid divergent interpretation across Member States. Overall, EFLM strongly supports the adoption of the revised Article 5.5 as proposed in 2025/0404(COD). The reform maintains essential safety and performance safeguards while enabling timely access to innovative, high-quality diagnostics. By reducing unnecessary regulatory barriers and better reflecting laboratory practice, the proposed revision is essential to prevent patient harm, support innovation, and uphold the original objectives of the IVDR in European diagnostic medicine.