Information Note on the measures taken by Member States in implementation of the new EU Dual-Use Regulation 2021/821

Following Articles 6, 7, 9, 11, 12, 22 and 23 of the new EU Dual-Use Regulation (EU) 2021/821, Member States (MS) shall notify the Commission and the other MS of the measures taken in implementation of the Regulation. The Commission shall then publish the measures notified in the C series (Information and Notices) of the Official Journal of the European Union.

On 8 February 2022, the EU Commission has published in the Official Journal the Information Note containing the measures adopted by MS in conformity with:

  • Article 6.3: extension of brokering controls to non-listed dual-use items for uses referred to in Article 4.1 and to dual-use items for military end use and destinations referred to in Article 4.2;
  • Article 6.4: national legislation imposing an authorisation requirement on the provision of brokering services of dual-use items if the broker has grounds for suspecting that those items are or may be intended for any of the uses referred to in Article 4.1;
  • Article 7.3: extension of transit controls to non-listed dual-use items for uses referred to in Article 4.1 and to dual-use items for military end use and destinations referred to in Article 4.2;
  • Article 9: extension of controls to non-listed items for reasons of public security, including the prevention of acts of terrorism, or for human rights considerations;
  • Article 11.5: authorisation requirements for the transfer of other items than those listed in Annex IV to the Regulation (listing items requiring an authorisation for intra-Union transfers);
  • Article 11.8: national legislation requiring for intra-Union transfers of items listed in Category 5, Part 2 of Annex I, which are not listed in Annex IV to the Regulation, additional information on those items;
  • Article 12.6 (b): national general export authorisations issued or modified;
  • Article 22: specially empowered customs offices;
  • Article 23: national authorities empowered to:
    • grant export authorisations for dual-use items;
    • grant authorisations under the regulation for the provisions of brokering services and technical assistance;
    • prohibit the transit of non-union dual-use items under the regulation;

Additionally, in order to ensure that exporters have access to comprehensive information on the controls applicable throughout the EU, the Commission and the MS have decided to also publish information on measures taken under:

  • Article 4.3: national legislation imposing an export authorisation to non-listed dual-use items, if the exporter has grounds for suspecting that those items are or may be intended for any of the uses referred to in Article 4.1.

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