Brief analysis of the Council’s negotiating position on the proposed recast of the dual-use Regulation

On 5 June 2019, EU ambassadors agreed the Council’s negotiating position on a proposed recast of the regulation setting up a regime for the controls of exports, brokering, technical assistance, transit and transfer of dual-use items.

On the basis of this mandate, the Council Presidency will start negotiations with the European Parliament.

In general terms, the Council’s position differs largely from the RECAST as proposed by the European Commission and, in particular, as amended by the European Parliament (for the analysis of the RECAST proposal and European Parliament’s amendments, please check previous articles available on this website).

On the contrary, it adds only few elements to the current Regulation 428/2009, mainly to be in line with the new Union Customs Code (such as the introduction of re-export declaration and exit summary declaration) and clarifies some concepts through their definitions (e.g. technical assistance and supplier of technical assistance, military end-use, ICP, arms embargo, non-Union dual-use items).

To access the brief analysis of the Council’s position, please download the pdf document here attached