The MDCG Guidance 2019-7 states that the authorised representative may subcontract the responsibilities of a PRRC to a third party, as long as the qualification
criteria is met, and the authorised representative can demonstrate and document how they can meet their legal obligations. Therefore, the PRRC may be part of an external organisation, with which the authorised representative has established a contract laying down provisions to ensure the permanent and continuous availability of that party.
The contract should mention the relevant person’s qualifications, demonstrating compliance with points a) or b) of Article 15 (1). The MDCG Guidance 2019-7 underlines that the PRRC for an authorised representative and for an ‘outside EU’ manufacturer cannot be the same person. The guidance justifies this position as the aim is for the authorised representative “to be adding a level of scrutiny and ensure that the supervision and control of the manufacture of devices, and the relevant post-market surveillance and vigilance activities, are adequately effected. If the two roles were conducted by the same person, the additional level of scrutiny would be undermined. For the same reason, the PRRC of a micro or small enterprise and the PRRC of the authorised representative of that same enterprise shall not belong to the same external organisation”.
Taking into account that the AR is located in the EU, the MDCG Guidance 2019-7 states that it must be assumed that the PRRC (to be permanently and continuously at disposal of the AR) should be also located in the EU.