The European Commission began discussions with Member States on Tuesday 14 April on a draft Regulation to adapt the export authorisation scheme introduced on 15 March, which is due to expire on 25 April (see EUROPE 12447/7).
The new regulation currently under discussion will apply for a maximum of 30 days, starting on 26 April, according to a Commission press release. It would cover only one category of products: protective masks. Indeed, according to the Commission, this is the only product for which an export authorisation is necessary in order to ensure an adequate supply to protect the health of Europeans.
In addition, the new scheme proposes to extend the geographical scope of the export authorisation exemption. The countries of the Western Balkans (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Kosovo, and Serbia), as well as Gibraltar and the territories of the Member States excluded from the EU Customs Union, would be included in this exemption. This is the second modification to the geographical exceptions, following one for the EFTA countries (see EUROPE 12451/7, 12447/7), also brought about by pressure from the European Parliament (see EUROPE 12460/13) and the Western Balkan countries.
Similarly, “in the spirit of international solidarity”, the new scheme explicitly requires Member States to authorise exports of emergency supplies for humanitarian assistance and to process such requests on an expedited basis.
According to the draft regulation, Member States will have to “positively” assess exports to public bodies responsible for the distribution of personal protective equipment or involved in the fight against the coronavirus epidemic, “subject to a check on availability with the Commission”.
The text also includes a revision clause to allow the Commission to adjust the scope of the products or the duration of the provisions in light of potential new developments.
This regulation will be discussed at the meeting of EU Trade Ministers on 16 April by videoconference. (Original version in French by Camille-Cerise Gessant)