COVID-19: EU has introduced new measures on the export of personal protective equipment

The outbreak of COVID-19 has gained a foothold in Europe and many EU member states are now facing the risk of shortage of personal protective equipment, as the need for such equipment has increased significantly. In order to ensure the vital need, the EU has introduced a temporary measure which requires that export of certain personal protective equipment from the EU is subject to an export authorisation issued by the competent national export authority. The regulation entered into force 15 March 2020.

How do the restrictions apply?

Pursuant to the Commission's Implementing Regulation (EU) 2020/402 (the "Regulation"), an export authorisation from the competent authority (in Denmark; the Danish Business Authority) is required in order to export certain personal protective equipment, whether or not originating in the EU, to countries outside the EU.

 

The restriction applies to export of the following personal protective equipment (as outlined in Annex I to the Regulation):

 

  • Protective spectacles and visors;
  • Face shields;
  • Mouth-nose-protection equipment;
  • Protective garments; and
  • Gloves. 

We note that without such export authorisation, the exportation is prohibited. 


Currently the duration of the restriction is six weeks only. However, both the duration of the restriction and the scope of products subject to export authorisation may be amended depending on the development of COVID-19.

How do you apply for the export authorisation?

Exporters established in Denmark must apply for the authorisation with the Danish Business Authority. According to the Regulation, the Danish Business Authority must process the application within a period, which must not exceed 5 business days, however, under exceptional circumstances the period may be extended by a further period of 5 business days.

The application must be submitted via the application form found at Virk.dk (in Danish).

Do you need further assistance?

We have set up a special COVID-19 task force to keep you updated about the various legal issues that you and your business will or may be facing as the COVID-19 situation progresses. Please reach out, if you need any further assistance or have any questions.

 

In Danish: Kromann Reumert COVID-19 task force

In English: Kromann Reumert COVID-19 taks force