Coronavirus - Export control
The European Union is reacting to the significantly increased need for personal protective equipment. In addition to measures on the procurement side (procurement procedure for personal protective equipment), the export of certain products from the EU is made subject to prior authorization by the competent state authority:
The Implementing Regulation (EU) 2020/402 requires exporters to obtain an export authorisation for the following product categories, which are specified in more detail in Annex 1:
- protective spectacles and visors.
- Face shields.
- Mouth-nose-protection equipment.
- Protective garments.
There are vital needs of protective equipment within the Union with regard to hospitals, patients, field workers and civil protection authorities to contain the spread of coronavirus.
We assume that the competent authorities will be very restrictive in granting an export authorisation for those kinds of protective equipment urgently needed within the EU. Without the production of such export authorisation, the exportation is prohibited.
It is noteworthy that the above Regulation entered into force on the day of its publication (15 March 2020) in an attempt to prevent speculative depletion of stocks.
Regulation 2020/402 is binding in its entirety and directly applicable in all Member States.
Please note: This newsletter merely provides general information and does not constitute legal advice of any kind from Binder Grösswang Rechtsanwälte GmbH. The newsletter cannot replace individual legal consultation. Binder Grösswang Rechtsanwälte GmbH assumes no liability whatsoever for the content and correctness of the newsletter.
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