Author: Valérie Maus de Rolley
Tanguy Schmitz, president of the Belgian Association of Parallel Importers & Exporters (BAPIE) outlines some of the recent work that the parallel distribution industry to ensure the supply of medicines across Belgium and Europe during the COVID-19 pandemic, rebuffs some of the negative stereotypes that the industry has garnered, and explains the vital role that BAPIE plays in defending the interests of parallel importers and exporters in Belgium. ","nextArrow":"","rtl":false}' dir="ltr"> If the restrictions to parallel trade were always justified, limited in time and scope, and properly implemented, no countries would experience the negative effects of exports, while all countries could…
When a medicine shortage occurs, patients — our loved ones — are the ones most affected. Parallel distribution can help fill the gap. How? Say Belgium has a shortage. Parallel distributors fill the gap by taking surplus from other EU countries and delivering it to Belgium. Without this process, patients miss out on the medications they need to live a healthy, happy life. Parallel distribution means delivering medicine to the people who need it! Help #FillTheGap to support an open EU market for medication.
With the law of 7 April 2019, the Belgian legislator provided for a de facto export ban of medicines with a view to counter medicine shortages in Belgium. On 18 July 2019, the Belgian Constitutional Court already suspended the relevant provisions of the law of 7 April 2019. On 17 October 2019, the Court now also annulled the relevant provisions, stating that the current legal framework (if enforced) already provides for sufficient guarantees to avoid shortages of medicinal products on the Belgian market. Therefore the Court ruled that the provisions of the law of 7 April 2019 providing for a…
With the law of 7 April 2019, the Belgian legislator provided for a de facto export ban of medicines with a view to counter medicine shortages in Belgium. In a first judgement, the Belgian Constitutional Court acknowledged that the law is prima facie in breach with Articles 10 en 11 of the Belgian Constitution, read in conjunction with Articles 34 to 36 of the Treaty of the Functioning of the European Union, thereby considering that the current legal framework (if enforced) already provides for sufficient guarantees to avoid shortages. A final judgment on the annulment of the law is foreseen…