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Coronavirus - Implementing Regulation 2020/402 - Germany

  • Germany
  • Litigation and dispute management

23-03-2020

Update of the article from 17.03.2020.

On Sunday 15 March 2020 the European Commission published the Implementing Regulation 2020/402 prohibiting the export of the medical safety equipment listed in Annex I to the Implementing Regulation to countries outside the European Union unless a licence was first obtained from a Member State. The Implementing Regulation entered into force 16 March 2020. German applicants can file for application via ELAN-K2-export portal. Transfer of the goods within the European Union is not within the scope of the Implementing Regulation.

Having this said, the German Federal Office of Economics and Export Control revoked its most recent order also prohibiting transfer of listed goods from one European country to another unless a licence was first obtained. In this way no specific German export control regimes with regard to Covid-19 are in place. Therefore “solely” export of listed goods requires a licence according to Implementing Regulation (EU) 2020/402.

Whether intra-European solidarity will be established permanently by this measure remains to be seen. German Government explicitly stated that it will “constantly evaluate the situation” which might lead to the implementation of specific German export rules with regard to medical safety equipment.

The Implementing Act is valid for six weeks.