EU Updates Dual-Use Control List


EU Updates Dual-Use Control List 

I just saw that the Commission has updated the EU dual-use use control list (Annex I Council Regulation 428/2009). Council Regulation 428/2009 requires that dual-use goods, i.e. goods, technologies or software which can be used for both civilian and military purposes or can contribute to the proliferation of WMD, be subject to effective control when they are exported from or transit through the EU, or are delivered to a third country as a result of brokering services.

What was changed?

The latest changes relate to the control of machine tools, avionics technology and aircraft wind-folding systems, spacecraft equipment and civil UAV’s, as well as the removal from control of certain encrypted information security products. Finally, annex II and IV of Regulation 428/2009 were also modified to align them with Annex I.

It’s interesting to see that the Commission is finally starting to get serious regarding the control of civilian UAV’s. In this context, the controls were adopted in December 2014 through the Wassenaar Arrangement. The prolific expansion of UAV’s has been extraordinary in the last few years, which in my view does require some control – separate from controls regarding air-safety and privacy (the new buzz word for controlling technological developments). 

Why did the Commission change the EU Dual-use Control List?

Article 15 Regulation 428/2009 mandates that the in Annex I control list (including Annexes IIa to IIg or IV) be regularly updated and published. Changes to the list, i.e. updates, are implemented to reflect changes in control lists at the international level (agreed upon by the participating countries in multilateral export control regimes). 

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