Article 2 Export authorisation

An export authorisation established in accordance with the form set out in Annex II shall be required for the export of certain types of PPE, listed in Annex I, whether or not originating in the Union. Such authorisation is limited to Union goods^f1, and is not required for non-Union goods. It shall be granted by the competent authorities of the Member State where the exporter is established and shall be issued in writing or by electronic means.

An export authorisation is required for all exports and shall be provided when the goods are declared for export and no later than at the moment of the release of the goods.

Without the production of a valid export authorisation, the exportation of such goods is prohibited.

Exports to the Republic of Albania, Andorra, Bosnia and Herzegovina, the Faeroe Islands, Gibraltar, the Republic of Iceland, Kosovo^f2, the Principality of Liechtenstein, Montenegro, the Kingdom of Norway, the Republic of North Macedonia, the Republic of San Marino, Serbia, the Swiss confederation, Vatican City State as well as the overseas countries and territories listed in Annex II to the Treaty shall not be subject to the measures set out in paragraphs 1 and 2. The same applies to exports to Büsingen, Heligoland, Livigno, Ceuta and Melilla.

Exports to facilities located on the continental shelf of a Member State or the exclusive economic zone declared by a Member State pursuant to UNCLOS shall not be subject to the measures set out in paragraphs 1 and 2.

Based on the principle of solidarity, Member States shall authorise exports for use in third countries to enable the provisions of emergency supplies in the context of humanitarian aid. Member States shall process applications for export authorisations in an expedite manner, as soon as possible, but no later than 2 working days from the date on which all required information has been provided to the competent authorities.

Member States should positively consider granting authorisations when the exports are destined to State bodies, public bodies and other bodies governed by public law and in charge of distributing or making PPE available to the persons affected by or at risk from COVID-19 or involved in combating the COVID-19 outbreak. These authorisations should be granted only to the extent that the volume of exports is not such that it poses a threat to the availability of the PPE listed in Annex I on the market of the Member State in question or elsewhere in the Union. For this purpose, Member States shall inform the Commission before granting such an authorisation, at the following email address [email protected]. The Commission shall issue an opinion within 48 hours after having been informed.