EU releases update on modernisation of dual-use export controls

The EU has released a briefing on the ongoing overhaul of EU dual-use export controls. The 13-page guidance notes covers the current position on issues such as intra EU transfers, catch-all controls, cooperation and enforcement, and ‘human security’.

The planned reform was kick-started by a joint statement by the EU Parliament, the Council and the Commission  in 2014 (24 July). The EU Parliament and Council are proposing a new regulation that will set up an EU-wide regime for the control of exports, transfer, brokering, technical assistance and transit of dual-use items, replacing Regulation (EC) No 428/2009. It aims to update the dual-use export control regime to reflect key technological advances, such as the export of certain information and communication technologies (‘ICT’); to address security risks over the proliferation of weapons of mass destruction; and to attempt to create a ‘level playing field’ among EU Member States.

The proposed regulation introduces a new concept of ‘human security’, which seeks to prevent the abuse of cyber-surveillance technologies by regimes with poor human rights records. The briefing reports that there is currently division amongst stakeholders over the inclusion of human rights considerations, which some industries – such as the tech industry – feel will lead to them losing work to non-EU competitors.

The third edition of the ‘EU Legislation in Progress’ briefing concerning EU dual-use export controls can be found here:
http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/589832/EPRS_BRI(2016)589832_EN.pdf.