May 22, 2020

Press release

SME Manufacturers of Safety Equipment appeal to Commissioner Breton: “Uphold the Integrity of the Internal Market!”

• In a letter to Commissioner Breton, SME Safety pointed out violations of EU Single Market rules regarding exports of Personal Protective Equipment

• The continuous flow of goods in Europe is a much-needed demonstration of solidarity during the crisis

• In addition to upholding the integrity of the EU Single Market, the European Commission should also define Personal Protective Equipment subject to export authorisation based on European Standards (EN) instead of Nomenclature (CN) codes

On 11 May 2020, SME Safety sent a letter to Commissioner Thierry Breton pointing out the latest violations of Internal Market rules as a result of member states misinterpreting Regulations EU 2020/402, EU 2020/426, and EU 2020/568. These regulations impose export restrictions on Personal Protective Equipment outside the EU’s Single Market. They were intended to guarantee a provision of essential PPE in Europe at the peak of the COVID-19 crisis. However, in early March, several EU Member States like France, Germany, Italy, Poland, and the Czech Republic disrupted the EU Single Market by introducing export restrictions for PPE outside their national borders.

European Solidarity Instead of Unilateral Restrictions by Member States

Against the individual behaviour of some Member States, the European Commission emphasised solidarity during the crisis. “The biggest act of solidarity is the continuous flow of goods in the Internal Market”, said SME Safety President PierPaolo Zani upon sending the letter to Breton, “so that essential Personal Protective Equipment reaches health workers, field intervention teams, and patients in the most affected areas across Europe.”

SME Safety asked the European Commission to clarify misunderstandings and enforce regulations to protect the free flow of goods on the Internal Market.

This clarification is important as it helps European manufacturers to serve their clients across national borders and to contribute to the EUs efforts in securing Personal Protective Equipment for European citizens.

Standards, not Nomenclature Codes, Should Define Items Subject to Export Authorisation

Annex 1 of the three aforementioned regulations defines PPE subject to export authorisation based on Combined Nomenclature (CN) codes--”a tool for classifying goods set up to meet the requirements of both the Common Customs Tariff and of the EU's external trade statistics”.[1] The problem with CN codes is that they are hard to implement in the context of PPE. CN codes use very general descriptions of equipment instead of precise standards, e.g. those needed to determine whether PPE can protect against a virus like SARS-CoV2 or not. As a result, authorities may restrict the wrong items.  For that reason, German authorities published a list of items based on standards as standards have more accurate description of equipment.

The European Commission should follow suit and define Personal Protective Equipment subject to export authorisation based on European Standards (EN) instead of Combined Nomenclature (CN) codes. European Standards (EN) are consensus-based, open, transparent and non-discriminating.

European Standards Strengthen the Single Market and SMEs

Moreover, defining PPE subject to export authorisation based on EN instead of CN would also help SME manufacturers of safety equipment. Over the years, SME Manufacturers have invested heavily in EN standards for PPE and many of them are unfamiliar with the complex system of CN. Maintaining consistent usage of EN would therefore also help SMEs work with a system that is already universal and which they are familiar with. It will also cut unnecessary costs that manufacturers cannot afford during this crisis.

Standards strengthen the EU Single Market and European export products as all players across the supply chain can use them as a reference.

SME Safety supports European solidarity during times of crisis and is committed to contribute to the EU’s efforts in securing Personal Protective Equipment (PPE) for European citizens in all Member States.