To honour their international commitments within these regimes, the EU introduced a Council Regulation setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.
The four main international export control regimes for dual-use items serve as the basis for the list of goods and technologies annexed to Council Regulation 2021/821, which is the central reference for all 27 Member States in terms of export controls for dual-use items.
The Annex also includes certain chemicals from the Chemical Weapons Convention list. This regulation applies directly and legally to all EU exporters.
Regulation (EU) 2021/821 is the reference text. Annex I, which concerns the list of controlled items, is updated annually by Commission Delegated Regulation to reflect changes in control regimes. Annexes II.A to II.H define eight Union General Export Authorisations (EU001 to EU008) facilitating exports for certain types of goods, destinations or types of transactions. United Kingdom of Great Britain and Northern Ireland are included in EU001 destinations according to regulation (EU) 2020/2171.
Annex I on the list of controlled goods is updated annually.
Both the use and the destination of dual-use items exported outside the Community customs area must government-approved after careful examination. Trading outside the EU – and in some cases intra-Community transfers – of this type of goods and technology are subject to both documentary and on-site controls, with tax and/or criminal penalties in the event of infringement.
Opinions on applications for export authorisations are the prerogative of the French government.
Guide on internal compliance programmes
The European Commission has published a guide with recommendations for businesses to help them apply EU legislation on export controls on dual-use items (Regulation 428/2009). This guidance document provides a framework to help exporters detect, manage and mitigate the risks associated with the control of trade in dual-use items and ensure compliance with the regulations.
Edited on 05/04/2022