EC: Only export of masks requires authorization, Western Balkans exempted

(Patria) - The European Commission on April 14th began consultations with EU member states on a draft implementing regulation adjusting export authorizations. The regulation was adopted on March 15th as part of emergency measures, and its application expires on April 25, 2020.

In line with the EU's global commitment to fight the coronavirus pandemic, the export arrangements provided for by the draft regulation are temporary, targeted, proportionate, and transparent.

The new regulation provides for a limited period of application of 30 days (from April 26, 2020) and covers only protective masks, as a single category of products. Commission services consider this to be the only remaining category where export authorization is required to ensure adequate supply for the protection of Europeans' health.

The new export arrangement proposes certain changes in terms of geographical scope. In addition to previous exceptions, it provides for the abolition of export authorization requirements for Western Balkan countries (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia, Kosovo), which are included in the process of deep integration with the Union, as well as Gibraltar and territories of member states that are not part of the EU customs union.

In the spirit of international solidarity, the new arrangement now explicitly requires member states to authorize the export of essential supplies in the context of humanitarian aid, and to expeditiously process the accompanying documentation.

The new arrangement also requires member states to give a positive assessment for exports to state agencies responsible for the distribution of personal protective equipment or involved in the fight against coronavirus, after checking availability with the Commission.

In line with the Commission's efforts to coordinate supply and demand within the Union, the regulation obliges member states to consult with the European Commission when assessing whether to issue an export authorization. The Commission issues an opinion within 48 hours of receiving the request. In this context, the purpose of the newly established authorization body is to coordinate efforts to align supply and demand within the Union and ensure that available quantities of materials go where they are most needed.

The draft regulation also includes a review clause that will allow the Commission to adjust the product categories included or the duration of the application of the provisions in light of possible new developments.

In the spirit of transparency, the draft regulation requires member states to report to the Commission on approved and rejected requests and obliges the Commission to publicly report on the dynamics of processing requests.

The Commission will adopt a delegated regulation in accordance with the appropriate comitology procedure.

This export authorization arrangement is part of the measures the Union is implementing to address the epidemiological crisis caused by the coronavirus.