Regulatory Open Forum

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  • 1.  Reimport from Switzerland to EU

    Posted 17-Mar-2023 06:13

    Hello everyone, 

    A rather complicated question

    If an EU manufacturer imports a medical device to Switzerland to a CH distributor and then they reimport the device to sub distributors in the EU, would there be something that shall be taken into consideration from the manufacturer or distributor side? To my view, the fact that the distributor reimports the devices into the EU market, might be the culprit of additional requirements. 

    Could you please offer  your view on the matter?

    Thank you and have a nice day!

    Best regards, 



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    Dr. Maria Oplopoiou
    RA/QA specialist
    Switzerland
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  • 2.  RE: Reimport from Switzerland to EU

    Posted 17-Mar-2023 09:32

    Hello Maria

    Yes, in this case the EU sub distributor receiving the device from the Swiss company will have the role of Importer, with responsibilities like checking to make sure the device is CE marked.



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    Anne LeBlanc
    United States
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  • 3.  RE: Reimport from Switzerland to EU

    Posted 20-Mar-2023 07:04

    Hello Maria,

    Yes it is a complicated question and I have a different approach to the situation (sorry Anne).  If the [legal] Manufacturer is already located in the European Union they would not need an Importer because the legally entity is already located in the European Union.  Unfortunately the regulations and Blue Guide are not exactly precise in this regard, but in MDCG 2021-27 (in the examples) there is some wording that if the Manufacturer is located in the European Union importing product manufactured in another country would not be subject to importation if using a distributor.  Now does that mean if physical product is sold to another country, and then sold back into the European Union - where there is physical movement of the product from one country "outside" to a country "inside?"  I agree with Anne from a pure regulatory appetite of not wanting to take risks, but there might be other interpretation made.  Though I take a more practical approach of completing Importer checks would not be value-added and can not see why this would be needed if the Manufacturer is located physically in the European Union and would not require a subsequent Importer.  Actually this is probably bounding into legal question than regulatory question.  Also I think it depends what happens to the product in Switzerland, if no changes were being made again maybe nothing additional needs to be done, but the "boundary" between Switzerland and EU in this regard I do not think is clearly defined anywhere.



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    Richard Vincins ASQ-CQA, MTOPRA, RAC
    Vice President Global Regulatory Affairs
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  • 4.  RE: Reimport from Switzerland to EU

    Posted 20-Mar-2023 10:38

    Hello Maria,

    with the caveat that I am not a lawyer and this might be more a legal than regulatory question, I would agree with Richard here. If the device is CE-marked by a EU manufacturer and has not been changed, I think the "re-import" is not an import in the regulatory sense of the MDR (in contrast to e.g. customs). That said I would also agree that there still is a residual risk with respect to the interpretation here.

    Best regards

    Christoph 



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    Christoph Kiesselbach
    Reutlingen
    Germany
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  • 5.  RE: Reimport from Switzerland to EU

    Posted 21-Mar-2023 09:48

    True, from the practical perspective, assuming the manufacturer had intended to place the product on the Union market, there is not much value in the sub-distributor's adding their information to the labeling. The manufacturer's information already on the label should be quite sufficient. (It would make more sense for the sub-distributor to think like an importer if the manufacturer had labeled the product for the Swiss market only.)

    Thank you, Richard and Christoph. While a competent authority could always hold you to the letter of the law, it is sometimes more sensible to follow the spirit of the regulations, and not take on excessively burdensome obligations.



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    Anne LeBlanc
    United States
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  • 6.  RE: Reimport from Switzerland to EU

    Posted 21-Mar-2023 09:58

    I would like to thank you all, 

    it is always extremely helpful, especially in such matters, to share our views and trigger further discussions. 

    Best, 

     



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    Maria Oplopoiou
    RA/QA specialist
    Frauenfeld
    Switzerland
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  • 7.  RE: Reimport from Switzerland to EU

    Posted 22-Mar-2023 12:26

    I agree with Richard that this export-import regulatory issue sounds a bit strange and counterproductive, but with laws, regulations, and guidelines you never know.....

    A quick look in the Blue Guide indeed reveals what Richard states: Note (135) - For the purposes of this Guide, imports are products manufactured in third countries and placed on the Union market. Products manufactured in one Member State and placed on the market in another Member State do not constitute an 'import' as the operation takes place within the Union internal market.

    it does not say explicitly that this is true for products sold from an EU Manufacturer to a third country and then sold back into an EU Member State; it also does not explicitly prohibits this. No import, no Importer.

    An issue with regard to traceability may remain. Economic Operators have to ensure traceability between them. With a third-country entity in between them, not eligible for EU Economic Operator obligations, the chain of traceability may be broken. But this is also the case for a third-country Manufacturer who sells their devices first to an entity outside the Union, who then exports them to an Importer in the Union. I presume there are many more examples the MDR or the Blue Guide does not have a clear answer.



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    Peter Reijntjes
    Principal Consultant Regulatory & Quality Affairs | Head of Training
    Arnhem
    Netherlands
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