EU: Updates Dual Use Roster

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On 15 September 2023, the European Commission adopted a Delegated Regulation updating the EU dual-use export control list in Annex I to Regulation (EU) 2021/821.

The update brings the list in line with decisions taken in the multilateral Export Control Regime's Wassenaar Arrangement (WA), Missile Technology Control Regime (MTCR), and Nuclear Supplier Group (NSG) in 2022. The decisions taken in the Australia Group (AG) in 2022 have been introduced in the control list in Annex I by means of the Commission Delegated Regulation (EU) 2023/996 of 23 February 2023.

This update mainly pertains to the control parameters of manufacturing equipment (NSG), of high-performance computers and of lasers (WA), the addition of propulsion motors for submersible vehicles, and of technology for the development of gas turbine engines for aircraft (WA), as well as the adjustment of technical definitions, notes and descriptions, and editorial changes.

Subject to the Council and the European Parliament raising no objections within a period of two months, the Commission Delegated Regulation (Ref. C(2023)6125) will be published and will enter into force on the day following that of its publication.

The 'Comprehensive Change Note Summary – update 2023' provides a detailed overview of all changes compared to the 2022 Exceptional Update of the EU Dual-Use Control List across all 10 categories.

Regulation (EU) 2021/821 mandates effective control over dual-use items—goods usable for civilian and military applications—when exported from, or transiting through, the European Union.

The list of controlled items, outlined in Annex I, is determined in alignment with international non-proliferation and export control regimes like the Australia Group, Missile Technology Control Regime, and others. Periodic updates to Annex I are necessary to comply with international security obligations and maintain competitiveness.

Article 17(1) empowers the European Commission to amend the list. The latest update, Commission Delegated Regulation (EU) 2023/9967, reflects changes concerning emerging technologies in the biological sector and other areas. These updates are influenced by international non-proliferation regimes, despite difficulties arising from Russia's war against Ukraine. The Regulation becomes effective the day after its publication

https://ec.europa.eu/transparency/documents-register/detail?ref=C(2023)6125&lang=en

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