EFS Consulting

EU Dual-Use Regulation – Update of Annexes

The annexes of the new dual-use regulation (EU 2021/821) have been updated. The regulation itself came into force on January 7, 2020. 

Regulation (EU) 2021/821 requires so-called dual-use items to be subject to effective control when they are exported from the Union, transited through the Union or delivered to a third country in the context of brokering services. 

Dual-use items are goods, software and technology that can be used for both civilian and military applications. The EU controls the export, transit, brokering and technical assistance of dual-use items so that it can contribute to international peace and security and prevent the proliferation of Weapons of Mass Destruction. 

Annex I to Regulation (EU) 2021/821 establishes the common list of dual-use items that are subject to controls in the Union. 

The list of dual-use items set out in Annex I to Regulation (EU) 2021/821 needs to be updated regularly in order to ensure full compliance with international security obligations, to guarantee transparency, and to maintain the competitiveness of economic operators. The control lists adopted by the international non-proliferation regimes and export control arrangements have been changed during 2020, and therefore Annex I to Regulation (EU) 2021/821 were amended accordingly. 

Moreover, the Annex IV to Regulation (EU) 2021/821 establishes authorisation requirements for certain intra-Union transfers.  The amendments to the list of dual-use items set out in Annex I necessitate consequential amendments to Annex IV for dual-use items which are also listed in Annex IV. 

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