The recast Regulation establishing a Union regime for the control of exports, transfers, brokering services, technical assistance, and transit of dual-use items (EU Dual-Use Regulation, Regulation (EU) 2021/821) was published in the Official Journal of the European Union on 11th June 2021.
The regulation will enter into force 90 days after its publication. This is 9th September 2021.
The circle of goods covered by Annex I is not changed by the new regulation; it continues to refer to Annex I in the version of the currently valid Delegated Regulation (EU) 2020/1749 of 7th October 2020.
The following new core elements have been included:
- stricter control requirements for exports of certain interception and surveillance equipment
- the introduction of the new General Licences EU 007* and EU 008**
- the introduction of a “major project licence” (individual licensing procedure)
- harmonisation of the control regulations for technical assistance at EU level
- deepened cooperation among member states through new coordination mechanisms
- better enforceability of controls through increased cooperation between licensing and customs authorities at EU level
- as well as more transparency in the EU Commission’s annual report.
*EU 007 Software/technology export in the enterprise group (ICP implementation mandatory).
**EU 008 Encryption technology
Please note: Until the new regulation enters into force, applications already submitted will still be decided by BAFA in accordance with the current EC Dual-Use Regulation (Regulation (EC) 428/2009).