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The European Commission extends export restrictions on Personal Protective Equipment

The EU has extended the export restrictions on certain items of Personal Protective Equipment (PPE) for a further period of 30 days.

On 24 April, the European Commission (Commission) extended the export controls on PPE until 26 May 2020, through Commission Implementing Regulation (EU) 2020/568 (you may find the regulation here).

According to the existing measures, which were initially adopted on 15 March (see our client alert here), an export authorization is required for the export of certain categories of PPE from the EU, whether EU-originating or not. Face shields and gloves are no longer subject to the restrictions, which have been limited to the following categories of PPE items:

  1. Protective spectacles and visors of CN ex 9004 90 10 and ex 9004 90 90 having the following characteristics: Protection against potentially infectious material; encircling the eyes and surroundings; compatible with different models of filtering facepiece (FFP) masks and facial masks; transparent lens; reusable (can be cleaned and disinfected) or single-use items; can seal the skin of the face.
  2. Mouth-nose-protection equipment of CN ex 6307 90 98 and ex 9020 00 00 having the following characteristics: Masks for the protection of the wearer against potentially infectious material or to prevent the wearer from spreading such material; reusable (can be cleaned and disinfected) or single-use items; can include a face shield; whether or not equipped with a replaceable filter.
  3. Protective garments of CN ex 3926 20 00, ex 4015 90 00, ex 6113 00, ex 6114, ex 6210 10 10, 6210 10 92, ex 6210 10 98, ex 6210 20 00, ex 6210 30 00, ex 6210 40 00, ex 6210 50 00, ex 6211 32 10, ex 6211 32 90, ex 6211 33 10, ex 6211 33 90, ex 6211 39 00, ex 6211 42 10, ex 6211 42 90, ex 6211 43 10, ex 6211 43 90, ex 6211 49 00 and ex 9020 00 00, having the following characteristics: Non-sterile garment (e.g. gown, suit) for the protection of the wearer against potentially infectious material or to prevent the wearer from spreading such material;  reusable (can be clean and disinfected) or single-use items.

Further to the territories previously exempted (Norway, Iceland, Liechtenstein, Switzerland, Andorra, San Marino, the Vatican City and the EU Overseas Territories), the measures do not apply to exports to Albania, Bosnia and Herzegovina, the Faeroe Islands, Gibraltar, Kosovo, Montenegro, North Macedonia, Serbia, as well as B├╝singen, Heligoland, Livigno, Ceuta and Melilla.

Authorizations concerning exports of PPE for humanitarian aid should be processed within 2 working days, whereas for other purposes, the authorization process should be completed within 5 working days from the date when all necessary information was submitted.

Authorizations should be granted only to the extent that the shipment concerned does not pose a threat to the availability of the PPE in question in the Member State of export or elsewhere in the EU. For this purpose, a new element has been introduced, whereby Member States must notify the Commission of such shipments, especially where they may cause shortages. The Commission must issue an opinion within 48h from the request.

The Commission may review these rules as the situation develops.

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Please contact us if you have any questions on how these measures may affect your operations or if you need assistance with any transactions involving PPE items.