|Language||English, Polish and others|
|Number of pages||260|
Commission Delegated Regulation (EU) 2019/2199 of 17 October 2019 amending Council Regulation ( EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items known also as the Dual-use export controls.
Dual-use items are goods and technology for civilian but also military use, including items that may assist in any way in the manufacturing of nuclear weapons or other nuclear devices. Trade in dual-use items represents a sizeable portion of the EU’s external trade; the most recent data confirm that the volume of controlled dual-use exports from the EU was up to €85 billion.
EU list of dual-use items (Annex I of the regulation) provides a list of dual-use items that require authorisation. Annex I is updated each year to align it with international rules and commitments undertaken by:
1) the Australia Group,
2) the Missile Technology Control Regime,
3) the Nuclear Suppliers Group,
4) the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, and
5) the Chemical Weapons Convention.
Non-listed dual-use items: the export of certain dual-use items not listed in Annex I may be subject to authorisation when there is reason to believe that they are intended for use in connection with a biological, chemical, nuclear weapons or ballistic missile weapons programme or for military use in countries subject to an arms embargo. In exceptional cases, EU countries may impose additional controls on non-listed items for public security or human rights reasons. EU countries also apply restrictions on brokering services of dual-use items as well as on their transit through the EU.
Free movement of dual-use items within the EU: with the exception of some sensitive items listed in Annex IV of the regulation (like electrically driven explosive detonators), dual-use items may be freely traded within the EU.
The aim of this regulation is to set out a uniform European Union (EU) system to control the export, transfer, transit and brokering (the work of intermediaries who buy and sell on behalf of others) of dual-use items. This system seeks to ensure that the EU complies with its international commitments and responsibilities, especially regarding non-proliferation (i.e. preventing the spread of nuclear weapons). It lays down a common EU control list as well as rules for its implementation. An export authorisation is required to export a dual-use item from the EU to a non-EU country.
Commission Delegated Regulation (EU) 2019/2199 of 17 October 2019 amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (30.12.2019)
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