export-controls 31 January 2020

Update on Member State measures to implement EU dual-use regs

The European Union has published an information notice which shows the measures that individual EU Member States have adopted in conformity with Articles 4, 5, 6, 8, 9, 10, 17 and 22 of Council Regulation (EC) No 428/2009 – the EU dual-use export control regulation.

The respective articles cover:

  • Article 4: Catch-all (requirement for an authorisation to export non-listed items where there are end-user concerns)
  • Article 5: Need for authorisation for brokering services
  • Article 6: Issues relating to the transit of non-community goods where there are end-user concerns
  • Article 8: Member state prohibition or imposition of an authorisation requirement on non-listed items for reasons of public security or human rights considerations.
  • Article 9: Authorisations not covered by the Community General Export Authorisation
  • Article 10: Authorisations for brokering services issued by the competent authorities of the Member State where the broker ‘is resident or established.’
  • Article 17: that Member States may provide that customs formalities for the export of dual-use items may be completed only at customs offices empowered to that end.
  • Article 22: the requirement for an authorisation for intra-Community transfers of dual-use items listed in Annex IV.

The notice sets out in table form which of the Member States have taken steps to implement those Articles and describes the implementing legislation.

See: https://trade.ec.europa.eu/doclib/docs/2020/january/tradoc_158576.pdf