Publication of the exceptional update of Annex I to Regulation 2021/821: Commission Delegated Regulation (EU) 2023/996 of 23 February 2023 amending Regulation (EU) 2021/821 of the European Parliament and of the Council as regards the list of dual-use items

On 25 May 2023, it has been published on the Official Journal of the EU the exceptional amendments to Annex I of Regulation (EU) 2021/821 to implement the changes in the control list adopted by the non-proliferation regime Australia Group at its Plenary in July 2022.

Subject to the Council and the European Parliament raising no objections within a period of two months starting from the adoption on 23 February 2023, the Commission Delegated Regulation (EU) 2023/966 of 23 February 2023 amending Regulation (EU) 2021/821 will enter into force on the day following that of its publication: 26 May 2023.

The main new amendments concern some emerging technologies in the biological sector.

In particular, the updated EU control list includes four new entries for marine toxins, namely:

  • Brevetoxins,
  • Gonyautoxins,
  • Nodularins, and
  • Palytoxin,

which are naturally present in marine environments but can also be synthesised and used for biological weapons. Other changes were mostly on removal and changes of references, and editorial changes.

The update of the EU Control List was coordinated with US’ measures introducing the same controls for these emerging technologies through the Export Control Working Group of the Trade and Technology Council.

Please find the updated EU Dual-Use Control List and a summary of amendments to Regulation (EU) 2021/821 for 2022 in the link here below.

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