S.I. No. 84/2020 - European Union (Control of Exports of Personal Protective Equipment) Regulations 2020


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th March, 2020.

I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation, in exercise of the powers conferred on me by Section 3 of the European Communities Act (No. 27 of 1972) hereby make the following regulations:

1 These Regulations may be cited as the European Union (Control of Exports of Personal Protective Equipment) Regulations 2020.

2 (1) In these Regulations–

i “Commission Implementing Regulation” means Commission Implementing Regulation (EU) 2020/402 of 14 March 20201 making the exportation of certain products subject to the production of an export authorisation.

ii “Minister” means the Minister for Business, Enterprise and Innovation.

(2) A word or expression used in these Regulations and which is also used in the Commission Implementing Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Commission Implementing Regulation.

3 The Minister is the competent authority in the State for the purposes of the Commission Implementing Regulation.

4 The Minister may issue an authorisation for the purposes of Article 1 of the Commission Implementing Regulation.

5 (a) An application for an authorisation under Regulation 4 must be made in accordance with the form specified in Schedule 1.

(b) Applications will be processed within a period of five working days from the date on which all required information has been provided to the Minister.

(c) In accordance with Article 2(2) of the Council Implementing Regulation, the Minister may extend the application processing time by a further five working days in exceptional circumstances.

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GIVEN under my Official Seal,

18 March, 2020.

HEATHER HUMPHREYS,

Minister for Business, Enterprise and Innovation.

Schedule 1

Export authorisation application form

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Application for Export Authorisation

Personal Protective Equipment

Commission Implementing Regulation (EU) 2020/402

1. Exporter Details

2. Recipient Details

Name:

Name:

Address:

Address:

Email Address:

Email Address:

EORI No:

EORI No:

3. Destination Country

4. Commodity Code

5. Description of goods

6. Quantity

7. Unit

8. Location

9. Please supply any information pertinent to Article 2(3) of the Commission Implementing Regulation.

10. Declaration

I, the undersigned, certify that the information provided in this application is true and given in good faith, and that I am established in the Union.

Name of applicant (BLOCK LETTERS):__________________________________

Signature: ____________________________Date: __________________

Contact Telephone No: _________________

PLEASE TYPE THE REQUIRED INFORMATION ONTO THE FORM AND RETURN A SCANNED COPY OF YOUR SIGNED FORM TO: (exportcontrol@dbei.gov.ie)

Explanatory note to the export authorisation application form

The completion of all the boxes is mandatory except when stated otherwise.

Box 1

Exporter details

Full name and address of the exporter for whom the authorisation is issued and EORI number if applicable.

Box 2

Recipient details

Full name and address of the final recipient of the goods, if known at the time of issuance and EORI number if applicable. If the final recipient is not known at the time of issuance, the field is left empty.

Box 3

Destination Country

2-letter geonomenclature code of the country of destination of the goods for which the authorisation is issued.

Box 4

Commodity Code

The numerical code from the Harmonised System or the Combined Nomenclature under which the goods to export are classified when the authorisation is issued.

Box 5

Description of goods

Plain language description precise enough to allow identification the goods.

Box 6

Quantity

The quantity of goods measured in the unit declared in box 7.

Box 7

Unit

The measurement unit in which the quantity declared in box 8 is expressed. The units to use are “P/ST” for goods counted by number of pieces (e.g. masks), and “PA” for goods counted by pairs (e.g. gloves).

Box 8

Location

If the protective equipment is located in one or more Member States other than Ireland, please indicate that fact by including the geonomenclature code of the Member State where the goods are located. If the goods are located in Ireland, this box must be left empty.

Box 9

Information relevant to Article 2(3)

Information relevant to the considerations laid out in Article 2(3) of Commission Implementing Regulation (EU) 2020/402.

Box 10

Declaration

Declaration that the information provided in the form is true and given in good faith.

1 OJ No. LI 77, 15.3.2020, p.1