Exports of personal protective equipment are now subject to authorisation!

IMPLEMENTING REGULATION OF THE COMMISSION (EU) 2020/402 of March 14, 2020 submitting the export of certain products to the presentation of an export authorisation.

Personal protective equipment is the first tool to prevent the spread of the coronavirus. Stocks are increasingly limited. Indeed, the European Commission has decided to take exceptional measures concerning their export.

Coronavirus Crisis undermines PPE stocks

The health crisis caused by the coronavirus SARS-CoV-2 or “COVID-19”, is spreading at high speed within the territory of the European Union, causing an increasing need for equipment to control the spread of the virus.

In view of the continuing and increasing demand within the European Union and the essential importance of personal protective equipment to limit or stop the spread of the virus, the Commission has taken temporary measures.

Measures taken by the European Union

Export of personal protective equipment listed in Annex I of this Implementing Regulation will have to be covered by an export authorisation.

It should be noted, however, that exports of limited quantities of specific products may be authorised under specific circumstances, in particular in the context of assistance provided to third countries or to support the activities of the World Health Organisation. The granting of such export authorisations will be considered on a case-by-case basis.

From a formal standpoint, applications for export authorisations for personal protective equipment listed in Annex I to this Implementing Regulation should be drawn up in accordance with the form set out in Annex II and should be submitted to the competent authorities of the relevant Member State. Member States should reply within maximum five business days once the required information has been provided to the competent authorities, which may be extended by a further five business days for specific cases.

This Implementing Regulation is applicable for a period of six weeks and will expire at the end of that period.

Amendment of the Regulation

It should be noted that the above-mentioned Implementing Regulation n°2020/402 was amended by the Implementing Regulation n°2020/426 of March 19, 2020.

The latter provides that the following countries are excluded from the scope of the Implementing Regulation 2020/402:

  • Norway, Iceland, Liechtenstein and Switzerland, as they are members of the European Free Trade Association
  • The overseas territories listed in Annex II to the Treaty and the Faroe Islands, Andorra, San Marino and the Vatican City

Implementing Regulation n°2020/426 is applicable from March 21, 2020.

Vanessa Irigoyen

Vanessa has joined Deloitte France in 2002 and she is the partner leading the French indirect Tax Practice. For more than 18 years, she advises multinational companies on their global […]