EU Announces Country Exemptions for Export Ban on Medical Equipment; Germany Repeals Export Ban

The European Union will allow exports of protective medical equipment to additional countries and territories less than a week after announcing it was restricting exports to countries outside the EU (see 2003160047). Export authorizations will be exempt for shipments to Norway, Iceland, Liechtenstein, Switzerland, the Vatican, Andorra, the Faroe Islands, San Marino and territories that have “special relations” with Denmark, France, the Netherlands and the United Kingdom, the EU said in a March 20 guidance. The EU released further guidance detailing the amendment, a “guideline” for the changes and an annex containing templates for export authorization applications and member state notifications. The change took effect March 21.

In addition, Germany repealed its export ban on medical equipment used to combat the novel coronavirus COVID-19, according to an unofficial translation of a March 19 notice from Germany's economy ministry. The repeal of the ban, originally announced earlier this month (see 2003130030), took effect March 19, the ministry said, and exports to EU member states “no longer require a permit.”

In its guidance to member states, the EU said states may grant exports of medical equipment when “no threat is posed to the availability” of that equipment within the EU, adding that member states “enjoy a margin of discretion.” When determining whether to authorize an export, member states should consider whether the export “responds to the requests of assistance addressed to Union Civil Protection Mechanism by third countries or international organisations.” Member states may also consider exporting medical equipment to support the World Health Organization and other international organizations, including humanitarian groups.

The EU urged member states to grant export authorizations “to avoid any disruption to closely integrated value chains and distribution networks,” especially when dealing with neighboring EU countries. The EU said its export ban should “now replace any similar national export authorisation measures or export ban that had been put in place.”