On 24 April 2020, the European Commission published Implementing Regulation (EU) 2020/568 (the “Implementing Regulation”), which prohibits the export from the EU of certain personal protective equipment unless a licence is first obtained from an EU Member State authority. The Implementing Regulation came into force on 26 April 2020.

The Implementing Regulation replaces the temporary export controls imposed by the Implementing Regulation (EU) 2020/402 published on 15 March 2020, as amended by Implementing Regulation (EU) 2020/426 on 20 March 2020 (please see our previous posts on Implementing Regulation (EU) 2020/402 and Implementing Regulation (EU) 2020/426).

The new Implementing Regulation expands the list of destinations for which no licence is required to include Albania, Andorra, Bosnia and Herzegovina, the Faeroe Islands, Gibraltar, Iceland, Kosovo, Liechtenstein, Montenegro, Norway, North Macedonia, San Marino, Serbia, Switzerland, the Vatican City State, Büsingen, Heligoland, Livigno, Ceuta, Melilla and other specified overseas countries and territories. The exemption also applies to exports to facilities located on the continental shelf or exclusive economic zone of a Member State.

The protective equipment covered by the Implementing Regulation includes protective spectacles and visors, mouth-nose-protection equipment and protective garments, as listed in the Annex. The updated list lifts the previous restrictions on face shields and gloves (provided that the item in question is not otherwise covered by a provision in the Annex).

The latest Implementing Regulation remains in force for a period of 30 days from 26 April 2020, and will remain subject to review by the Commission. Authors: Sunny Mann, Andrew Rose