The Official Journal of the European Union has published on September 19 (C 283/4, 19.9.2012) the measures adopted by Italy to control Public LAN database centralised monitoring system, internet and 2G/3G services including:
- communication flows drawing equipment,
- interface and mediation systems for the systems components,
- monitored flows processing server,
- monitored flows processing software,
- data filing storage,
- database management work station,
- database management software,
- LAN infrastructure
to be exported to Syrian Telecommunication Establishment (STE) in Syria.
The decision has been based on article 8 of the Regulation 428/2009 allowing Member States to prohibit or impose an authorisation requirement on the export of dual-use items not listed for reasons of public security or human rights considerations. France, Germany, Latvia and United Kingdom have previously used this provision to submit to authorisation the export of certain items to all destinations.
Italy was the first to used it, at least formally, against one dedicated end-user. This process appears to be similar to the catch-all clauses established by article 4 of the Regulation 428/2009.
Nevertheless, the motivation to submit to control is rather different as far as it focuses on human rights and public security and not on non-proliferation of weapons of mass destruction or countries submitted to arms embargo.
We could wonder if the items listed which are mostly linked to the monitoring control of Internet fall within the definition of dual use item of article 1 of the Regulation. This article defines dual-use items as items that have both a civil and military purposes.