EU recast dual-use regulation update

EU ambassadors have agreed the EU Council’s negotiating position on a proposed recast of the regulation ‘setting up a regime for the controls of exports, brokering, technical assistance, transit and transfer of dual-use items.’ So says a Council press release, which adds that, ‘[O]n the basis of this mandate, the Council Presidency will start negotiations with the European Parliament.’

Agreement and implementation of the proposed ‘recast’ – discussions around which have been much reported in WorldECR – has not proceeded as quickly as many had hoped, but has been subject to criticisms from some industry groups that some aspects place undue compliance burdens on companies (while some proposed changes have been welcomed). A draft was introduced in 2016.

The Council believes that a new regulation would represent a necessary adaptation to ‘changing technological, economic and political circumstances’, while also simplifying the rules of the licensing ‘architecture’ in the EU.

The release notes that new provisions include:

• ‘further harmonising licensing processes, through the introduction of new general export authorisations (EU GEAs), which are authorisations for exports to certain countries of destination available to all exporters who respect the conditions;
• harmonisation of the control of supplying the technical assistance related to sensitive items
• a new mention of cyber surveillance items highlighting that the competent authorities have the possibility to control such items using the current regulation as for all non-listed dual-use items that could be used for directing or committing serious violation of human rights.’

The mandate for negotiations is at:
https://www.consilium.europa.eu/media/39555/mandate-for-negociations.pdf