From China goods little: For German companies, the air is getting thinner and thinner

The FOCUS-Online-answer questions, Julia, arrow and Florian Mörth of the law firm, Dentons. supply chains are interrupted, China goods, barely. What is the im

From China goods little: For German companies, the air is getting thinner and thinner

The FOCUS-Online-answer questions, Julia, arrow and Florian Mörth of the law firm, Dentons.

supply chains are interrupted, China goods, barely. What is the impact to our economy?

China is for the Federal Republic of Germany is a very important trading partner. There are more than 3000 companies and Joint Ventures with German participation in China, and German companies obtain a large part of their Goods and supplies from China. Supply chains today are optimized often so that stocks are kept low and products on a "just in time" at the German manufacturer have to be. If a company has no alternative suppliers, and new suppliers can be established in the rule, not quick and easy so it can cause problems here in Germany, if you were lack of supplies from China, or a massive delay.

customers in Europe, delivery to fear bottlenecks for products from China?

from a legal point of view, very difficult to assess. Here, practical questions, essentially play a role. Regulations, the deliveries from China directly restrict or prohibit, is not there currently. However, since in China, many companies were no longer shut down, as during the holidays is planned for the new year originally, can required supplier may no longer be in a timely manner and in sufficient quantity to be manufactured. Similar problems arise also when a shipment of Goods: When the traffic with trucks or vessels is restricted, because, for example, workers must not return to their places of work in the transport industry, lead the very practical terms, that fewer goods will be transported to and from China for export.

What are the traffic rules in the case of an epidemic or pandemic shall apply to the international goods?

It may sound in the first Moment surprising, but for the transport of goods special provisions in the case of an epidemic or pandemic are in place. This is not to say that our legal system see is watching eye when may be Goods in circulation, which can be contaminated with pathogens. On the contrary, The regulations place much earlier and are generally, and not only then, if the WHO determines that a pandemic exists.

The infection protection act allows the German authorities to take all necessary measures to threats from communicable diseases, to avert. The competent authorities may order, for example, investigations of Goods to certain pathogens. The infection protection act allows it, in fact, that the authorities can products destroy, if certain pathogens are found.

The German authorities may also order restrictions and prohibitions for the Transport of products, as well as the import of Goods limit. The world trade law allows such import bans and restrictions, quite. But they must serve the protection of people. That is, they must not be discriminatory and, in fact, as a hidden protectionism pose.

in addition, apply – even without a pandemic – requirements for protective measures during transportation of certain Goods, such as the Wearing of protective clothing. CHINATOPIX/AP/dpa A member of staff of a hospital in the city most affected Wuhan.

the conditions Under which it could come to a ban on the import of products from China?

The German law on the protection against infection act quite generally formulated requirements for measures to prevent infectious diseases. This will ensure that the authorities in the case of an emergency, if possible, to react flexibly and accurately. A prerequisite for an import ban is then, first, that the Goods concerned at all can be a source for the Transmission of diseases. According to the information of the Federal Institute for risk assessment, however, it is unlikely that objects such as toys, computers, clothes or shoes can actually be a source for infection with the Coronavirus. In addition, there must be no less restrictive means than a ban on the import of products that is as effective in preventing the Transmission of Coronavirus is. That before an import, a careful examination by the authorities ' ban is necessary, it makes also sense: An import ban, a comprehensive ban on the import, leads to massive economic losses, both for the Chinese suppliers as well as for the German importers.

This corresponds to the requirements of the WTO, or world trade law: import prohibitions are permitted, but only if they truly serve for the prevention of threats and the prevention of diseases is not just advanced only.

Also interesting: pandemic, economic performance is impacted only temporarily - the danger of Contagion for the middle class? Expert reassured investors and business leaders.

What are the rules and regulations are subject to imports of food from China?

All food imported to Germany, not only the European, but also the German food comply with law. For imported foods, this means: you must comply with the same requirements as food manufactured in the EU, or requirements recognised by the EU as equivalent. In the case of the import of food products in the EU, the importer must demonstrate through appropriate documentation that the regulations are complied with. In addition, a sample held on a regular basis-like Tests and exams. For many products and product groups, there are detailed requirements and prerequisites.

For the protection of the consumer is committed to a food importer, to comply with comprehensive obligations to provide information. So must be on the label on a food, among other things, disclosed the country in which the product was manufactured.

Could require importers to the full and timely delivery of rap or damages?

This depends on what arrangements have been taken by the importers in their contracts with their suppliers. Thus, there may be arrangements, such as the liability for damages in the event of unforeseen bottlenecks between the importer and his supplier is delivery distributed.

In many cases, the contracts are, however, no clear provisions for the case of delivery difficulties in case of an epidemic/pandemic is to provide. Usually, so-called Force Majeure clauses in such cases, to the application, so rules for "force majeure". These clauses usually provide that the supplier must deliver an event that occurs suddenly, and it was not foreseeable, or not more time needs to provide, and the Contracting party to claim for damages. In many cases, these clauses also allow that a contract can be terminated ahead of schedule – which would not help the importer, but also really. Whether the pandemic is actually considered as "force majeure" within the meaning of these clauses depends, but then again depends on how the clause in the relevant contract is formulated. And it will depend on whether, in individual cases, indeed, the pandemic is the cause for the delay in performance, or if it is not, perhaps, other reasons, which may be only removed with the pandemic in the context, or other failures of the supplier.

there Is insurance for such cases or is it only entrepreneurial risk? The state helps where necessary?

The insurers have kept of the protection against pandemic and epidemic risks are rather remote. To observe, however, is that the insurance sector understands the financial management of such disasters increasingly as an opportunity. So was launched, for example, in the Wake of the Ebola crisis in West Africa in 2014, a new insurance product, with respect to emerging countries, which are affected by an outbreak of the disease, which can develop into a pandemic. Maybe this will develop the insurance market further in this direction, after all it has given in recent times, multiple pandemics, due to the outbreak of the corona virus, not only in China.

state aid does not in any case, the German right at the Moment. There are no rules, according to which the German state damages which have been caused by the pandemic with the Coronavirus, would replace.

there Are scenarios and historical models in which a complete import stop due to an epidemic was imposed?

no, no, no appropriate historical models, there is not. When it came prohibited in the case of an outbreak of infectious diseases in the past at all to Import, so this – as in the case of BSE were limited to certain products, in which it was clear that the pathogens have been transmitted through these products. An important reason for this is that in many cases it is not likely that products will come at all as a source of infection in question.

More of the Coronavirus outbreak: Coronavirus outbreak in the News Ticker 10 new Corona cases in Germany - woman in Japan already for the second Time, infected Where is Coronavirus? Real-time map showing the spread of the disease, FOCUS Online/Wochit Where is Coronavirus? Real-time map showing the spread of the disease

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Date Of Update: 06 March 2020, 22:00

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