European Commission Provides insight into possible directions for future EU dual-use export control regime

The European Commission has recently outlined its priorities and suggestions for modernising and improving the EU’s Dual-Use export controls regime in a Communication. The proposed approach focuses on ‘smarter’ controls, enhanced/improved exchange of information and intelligence between the authorities, a swifter reaction to emerging technologies, the de-listing of items which are commercially widely available, more focus on controls of intangible transfers, reducing the burden on companies, more international cooperation, and the creation of a level playing field within the EU and globally. The EU Council and European Parliament will first consider these ideas, and after that concrete legislative proposals are expected to be prepared.

Meanwhile, the current rules (set out in Regulation 428/2009)2 have recently also been amended, essentially to allow a swifter updating of the EU’s Dual-Use control list in line with changes in the various international control lists on which the EU list is based.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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