A first draft of the Commission Delegated Regulation amending annexes I, IIa to IIg and Annex IV to Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items has been published on the website of the DG Trade of the European Commission. The texts are available at the following link: https://ec.europa.eu/transparency/regdoc/index.cfm?fuseaction=list&n=10&adv=0&coteId=&year=2017&number=&version=F&dateFrom=&dateTo=&serviceId=67&documentType=COMMISSION_DELEGATED_ACT&title=dual-use&titleLanguage=&titleSearch=EXACT&sortBy=NUMBER&sortOrder=DESC.
Amendments to the annexes I, IIa to IIg and Annex IV are required in order to align the EU dual-use Regulation with the changes in control lists adopted by international non-proliferation regimes and export control arrangements in 2016. The last updates of the EU dual-use control list were introduced by Commission Delegated Regulation (EU) No 2016/1969 of 12 September 2016, taking account of the control list changes adopted by the international non-proliferation regimes and export control arrangements until the end of 2015.
The concerned modified annexes divided in the following texts:
- Annex I – Part I - List referred to in Article 3 of this Regulation List of dual-use items
- Annex I - Part II – Category 0: nuclear materials, facilities, and equipment
- Annex I - Part III – Category 1: special materials and related equipment
- Annex I - Part IV – Category 2: materials processing
- Annex I - Part V – Category 3: electronics
- Annex I - Part VI – Category 4: computers
- Annex I - Part VII – Category 5: telecommunications
- Annex I - Part VIII – Category 6: sensors and lasers
- Annex I - Part IX – Category 7: navigation and avionics
- Annex I - Part X – Category 8: marine
- Annex I - Part XI – Category 9: aerospace and propulsion)
- Annex IIa - Union General Export Authorisation No EU001 - referred to in Article 9(1) of this Regulation (Exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland, including Liechtenstein, and United States of America)
- Annex IIb - Union General Export Authorisation NO EU002 - referred to in Article 9(1) of this Regulation (Exports of certain dual-use items to certain destinations Issuing authority: European Union)
- Annex IIc - Union General Export Authorisation NO EU003 - referred to in Article 9(1) of this Regulation (Export after repair/replacement)
- Annex IId - Union General Export Authorisation NO EU004 - referred to in Article 9(1) of this Regulation (Temporary export for exhibition or fair)
- Annex IIe - Union General Export Authorisation No EU005 - referred to in Article 9(1) of this Regulation (Telecommunications)
- Annex IIf - Union General Export Authorisation NO EU006 - referred to in Article 9(1) of this Regulation (Chemicals)
- Annex IIg - List referred to in Article 9(4)(a) of this Regulation and Annexes IIa, IIc and IId to this Regulation
- ANNEX IV - List referred to in Article 22(1) of this Regulation (Intra-EU transfers).
The delegated act, adopted pursuant to Article 9(1) and Article 15(3) of the Council Regulation (EC) No 428/2009, shall enter into force only if no objection will be expressed either by the European Parliament or the Council within a period of two months of notification of the act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council will informed the Commission that they will not object.