A dual-use item is goods, software or technology that serves civilian purposes but can also be used militarily — a machine tool, a sensor or encryption software, for example. The EU controls their export under Regulation (EU) 2021/821, which applies directly in all Member States.
In brief
- The list of controlled items is in Annex I to the Regulation. Exporting them from the EU requires an authorisation.
- An authorisation may also be required for an item that is not on the list (Article 4).
- Authorisations are issued by the Member State: in Slovakia the Ministry of Economy, in Czechia the Licensing Office of the Ministry of Industry and Trade.
- Export records are kept for at least five years (Article 27).
What the Regulation controls
- export from the customs territory of the EU, including transmission of software and technology by electronic means,
- brokering and technical assistance,
- transit,
- for the most sensitive items in Annex IV, transfers between Member States as well.
How Annex I is organised
- It has ten categories, from 0 (nuclear materials and equipment) to 9 (aerospace and propulsion). In between are, for example, electronics, computers, telecommunications and information security, sensors and lasers.
- Each category has groups A to E: equipment, test and production equipment, materials, software and technology.
- Each item has a control number, for example 2B001.
- The Commission updates the Annex by delegated regulation, as a rule once a year.
Types of authorisation
- Individual — for one exporter and one end-user.
- Global — for several items or several countries and end-users.
- Union General Export Authorisations EU001 to EU008 — apply directly under the Regulation for specified items and destinations. The conditions of use are in Annex II.
- Individual and global authorisations are valid for up to two years (Article 12).
Items not on the list
- An authorisation is also required where the authority has informed the exporter that the item is or may be intended for use in connection with weapons of mass destruction, or for a military end-use in a country subject to an arms embargo (Article 4).
- If the exporter itself is aware of such a use, it must notify the authority.
- A similar rule applies to cyber-surveillance items (Article 5).
What is often confused
- The customs tariff code does not say whether an item is controlled. The technical parameters in Annex I decide.
- Dual-use control and sanctions are two different regimes. A sanctions regulation can prohibit an export even where an authorisation under this Regulation would be possible.
- Control also covers intangible transfers: sending technical documentation by e-mail or making it available in electronic form to a person outside the EU is an export.