Agreement reached for modernisation of EU export controls

23/11/20

The European Parliament and the EuropeanCouncil have reached an agreement on the 9th of November on the Proposal from the European Commission for a new Regulation, which will result in a modernisation of EU export controls on sensitive dual-use goods and technologies.

The Proposal contains amendments to the existing provisions of the Dual-Use Regulation, but also introduces new provisions that mainly relate to the control of dual-use technologies (e.g. cyber-surveillance technologies).

Which items could impact your business?

The amendments include, amongst others, a revision of the definition of "dual-use items", "export" and "exporter". As an example, the term "exporter" will, with the introduction of the new Regulation, also apply to natural persons and researchers involved in dual-use technology transfers. The previous will therefore broaden the scope and as such the application of the Regulation.

In addition, the new Regulation will further harmonize the licensing processes and will introduce for certain general export authorizations and global authorizations, a standard requirement for compliance in the form of "internal compliance programmes".

Next to the items mentioned above, other clarifications, simplifications and improvements will be introduced with the new Regulation. Please note that the Regulation has not entered into force yet as it has not been formally endorsed by the International Trade Committee, the European Parliament and the European Council. However, to already read the complete Proposal, including the changes, please click here.