dual-use-export-controls 10 February 2022

EU charts Member State implementation of new dual-use regulation measures

The European Union has published an information note in which it sets out which measures individual EU Member States have taken to implement aspects of the Regulation 821/2021, setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items.

It shows that few countries have adopted national legislation imposing an authorisation requirement on the export of dual-use items not listed in Annex I (in keeping with Article 4 (3) of the Regulation), but that exceptions include Belgium (partially), Croatia, Latvia, Luxembourg, Netherlands, Austria, and Finland.

A greater number of countries have extended brokering controls to non-listed dual-use items and dual-use items for military end-use and destinations as referred to in Article 4 (2) of the Regulation, while 11 out of the 27 Member States have implemented additional controls ‘concerning non-listed goods for reasons of public security, including the prevention of acts of terrorism.’

For the full list of the aspects and their implementation by Member States, see:

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52022XC0208(02)&from=EN