EU Export Controls Advisory - European Union Adopts Regulation Amending and Updating Dual-Use Regulation

On September 18, the Council of the European Union adopted a Regulation that amends and updates Regulation (EC) No 1334/2000 (as amended in February 2006) which sets up a Community regime for the control of exports of dual-use items and technology (the “Dual-Use Regulation”).  The Regulation will come into force on the 30^th day following the day it is published in the Official Journal of the European Union. 

Under Article 11 of the Dual-Use Regulation, the European Community is bound to apply decisions to control dual-use items that are taken by consensus in international export control regimes.  Since the last amendment of the Dual-Use Regulation:

• The Wassenaar Arrangement;
• The Missile Technology Control Regime;
• The Australia Group; and
• The Nuclear Suppliers’ Group

have agreed on specific changes to their respective control lists.  Definitions have been added, deleted or amended.  The changes in those international regimes have not been implemented in all the Member States since certain new Member States do not participate in these international control arrangements, in particular in the Missile Technology Control Regime and the Wassenaar Arrangement.  The purpose of the amended Regulation is therefore to make sure that the changes are being applied uniformly throughout the EU and hence avoid any difference of status in export control regimes between the Member States.

Therefore the following two annexes to the Dual-Use Regulation have been amended to take into account the changes adopted by the above referenced groups:

• Annex I-the list of dual-use items that require authorization for exportation and
• Annex IV-the list of dual-use items that require authorization for intra-Community transfers

For simplicity, the amending Regulation includes all of the annexes, rather than only the amended ones.

In anticipation of its entry into force, exporters should review the impact the amendments might have on their operations. 

Should you have any questions concerning the above, please contact David Lorello at +44 (0)20 7367 8007) in London; Guy Soussan at +32 (0)2 626 0535) or Laura Atlee at +32 (0)2 626 0516) in Brussels.