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In brief

With EU Implementing Regulation 2021/442 of 11 March 2021, the European Commission introduced a new export authorization regime for COVID-19 vaccines applicable until 30 June 2021 which replaces the one initially established with EU Implementing Regulation 2021/111 of 29 January 2021. In particular, the new Implementing Regulation provides that the export outside the EU of vaccines and active substances classified with the identification codes listed therein is subject to prior authorization.


In more detail

In this respect, it should be noted that, on 24 March 2021, the European Commission further intervened on the export authorization mechanism for COVID-19 vaccines and active substances through the adoption of EU Implementing Regulation 2021/521, which introduced the principles of reciprocity and proportionality as new criteria for the granting of the authorization. According to said principles, the competent authorities of the Member State in which vaccines are manufactured or in which the exporter is established shall grant the export authorization provided that said authorization does not pose a threat to the security of supply within the EU.

Furthermore, the European Commission clarified that, in order to grant the authorization, the national competent authority must assess whether the country of destination of the export restricts its own exports of vaccines and active substances to the EU as well as the relevant conditions prevailing in the country of destination of the export, including the epidemiological situation, the vaccination rate and the existing availability of such products

Author

Roberto Cursano has been a lawyer in Baker McKenzie since September 2007. He focuses on healthcare law and compliance, and assists in tender procedures, the negotiation of public contracts and litigation before administrative courts. Mr. Cursano is a former administrative officer in the Italian Ministry of Health and helps clients work closely with the Italian Public Administration. He is admitted to the bar before the Italian Supreme Court and the Council of State. As well as training and tutoring in the master’s degree program on clinical trials of pharmaceutical products at the University of Rome Sapienza, Mr. Cursano regularly publishes articles and scientific contributions. He also frequently hosts and participates in seminars and presentations on pharmaceutical and administrative law matters.

Author

Riccardo Ovidi is an Associate in Baker McKenzie Rome office.