Hi John, you're wrongly assuming that all former colonies of member states automatically became part of the EU, which is the execption rather than the rule in the case of the French territoires outre mer. None of the islands in the Caribbean that are part of the Kingdom of the Netherlands, for example, are part of the EU although they are a member state of the Kingdom of the Netherlands, which has been an EU member from the start. Rather, these islands are overseas countries and terroritories with which the EU has a special relationship (
https://ec.europa.eu/international-partnerships/where-we-work/overseas-countries-and-territories_nl) but they are not part of the EU internal market. You'll have to look at local law in each individual case, although they may also have their own local arrangements among themselves.
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Erik Vollebregt
Partner
Amsterdam
Netherlands
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Original Message:
Sent: 05-Dec-2021 16:09
From: John Bradsher
Subject: Importation process for EU territories in the Caribbean
Hello All:
I've always been interested to understand at a deeper level the consequences of EU territories in the Caribbean, in particular, how they handle importation of drugs or medical devices.
So, for context, historically several of the islands in the Caribbean were colonies of EU states. Once these countries became EU members, these territories became also members of the EU, as a part of the parent state. The French call such islands Territoire Outre Mer (TOM). Many of the islands of the Caribbean not either independent countries or part of the US are such overseas territories of the EU.
So, this raises the question: if I have a marketing authorization under the EU and I want to import to an island, let's say Martinique, how does the import get there? Is it necessary for the shipment to first be shipped to the parent state for customs release, then to be shipped to the island? Assuming not, is it possible to set up an Importer in the Caribbean that handles importation for all of the EU overseas territories in the vicinity? Are there other concerns that need to be made for a manufacturer that wants to market in the Caribbean locality?
Thanks,
John N Bradsher, PhD, RAC Global
Medical Device Regulatory Consultant