corona-virus
17 April 2020
EU narrows PPE export controls to face masks alone
The European Union, which in March placed restrictions on exports of personal protective equipment (‘PPE’) outside the bloc in response to COVID-19 pandemic, has introduced a draft regulation that narrows controls on face masks only. The new regulation will become effective on 25 April, when restrictions imposed in mid-March are set to expire. The European Commission said 14 April that the new regulation:
- Will apply for a limited period of 30 days, starting on 26 April, and covers one single product category, protective masks. The Commission services find that this is the only remaining category where an export authorisation is necessary in order to secure an adequate supply to protect the health of Europeans.
- Exempts authorisation requirements for exports to Western Balkans countries (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Kosovo).
- Explicitly requires Member States to authorise exports of emergency supplies in the context of humanitarian aid and to process the applications expeditiously.
- Asks Member States to positively assess exports to state agencies in charge of distributing personal protective equipment or involved in combating the coronavirus outbreak, subject to availability.
- Obliges Member States to consult the European Commission when assessing whether to issue an export authorisation.
- Includes a review clause that will allow the Commission to adjust the product scope or the duration of the provisions in light of possible new developments.
The regulation also requires Member States to report to the Commission on authorisations granted and refused and commits the Commission to reporting publicly on these developments.
