Intra-EU transfer licences to UK valid until expiry

In a ‘Notice to Stakeholders’ published 21 March, the EU Commission has clarified that, while according to Article 22 of the EU Dual-Use Regulation, ‘certain very sensitive dual-use items, listed in Annex IV to the Regulation, are subject to intra-EU transfer controls,’ and that, ‘as of the withdrawal date, the export of these items will be subject to authorisation under the terms and conditions of the Regulation. However, intra-EU transfer licences issued by one of the EU27 Member States for transfers to the United Kingdom issued before the withdrawal date should be considered as valid licences for exports to the United Kingdom as of the withdrawal date, and until the validity of the licence expires.’

In a recent (March) alert, WorldECR reported that the European Union had adopted an amendment to the regulation for the export of certain dual-use items to include the UK in the list of low-risk third countries covered by the EU general export authorisations – ‘in the event that the United Kingdom leaves the Union without a deal,’ stating that it was ‘appropriate to add the United Kingdom to the list of destinations covered by Union general export authorisation No EU001 in order to ensure the uniform and consistent application of controls throughout the Union, to promote a level playing field for Union exporters and to avoid an unnecessary administrative burden, while protecting Union and international security.’

See:
https://ec.europa.eu/info/sites/info/files/dual-use-goods_en.pdf