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Dual-use export control: new EU rules adopted
On 10 May, the Council of the EU adopted a regulation modernising the EU system for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. This follows a favourable vote from the European Parliament, last March.
This regulation lays down the conditions under which the export of dual-use technologies can take place. The general rule is that all items listed in Annex I of the regulation are subject to national authorisation before export. Such items include software and technology which can be used for both civil and military purposes (e.g., cryptographic items).
In addition, an authorisation shall be required for items not listed in Annex I if the items may be intended for certain purposes, such as nuclear activities or military use in arm embargoed countries.
An authorisation is required for the export of cyber-surveillance items not listed in Annex I if those items are -or may be- intended for human rights abuses.
The regulation also requires EU countries to be more transparent and coordinate better on certain items such as microchips.
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