Publication of the Recast of the EU Dual-Use Regulation

On 11 June 2021, it has been published on the Official Journal of the EU the Recast of the EU dual-use export control régime:

Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast).

As a regulation, the Recast is directly applicable in all Member States. However, they still have some room for manoeuvre in the application of some provisions, such as:

  • The catch-all end-use controls, whose scope is enlarged to cyber-surveillance technologies controls for human rights considerations and emerging technologies end-use controls (arts. 4, 5, 9.1);
  • Establishment of national control lists for items non-listed in Annex I (art. 9.2);
  • Obligation and requirements of an Internal Compliance Programme (art. 12.4);

The legislative text has been adopted according to the ordinary legislative procedure at the first reading, following the Position of the European Parliament of 25 March 2021 and decision of the Council of 10 May 2021.

The new Regulation 2021/821 will enter into force on the ninetieth day following that of its publication in the Official Journal of the EU, so repealing the Dual-Use Regulation 428/2009 currently into force.

However, as stated in article 31 of the Recast, for authorisation applications made before 9 September 2021 – date of the coming into force – the relevant provisions of Regulation (EC) 428/2009 shall continue to apply.

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