Dual-use items are goods, software and technology that can be used for both civilian and military applications.
The EU controls the export, transit, brokering and technical assistance of dual-use items so that it can contribute to international peace and security and prevent the proliferation of Weapons of Mass Destruction (WMD).
The export controls take into account the EU and its Member States' international obligations, including:
EU export controls reflect commitments agreed upon in key multilateral export control regimes such as the Australia Group , the Wassenaar Arrangement , the Nuclear Suppliers Group , and the Missile Technology Control Regime .
Regulation (EU) 2021/821 governs the EU's export control regime, which includes:
In certain cases, EU Member States may introduce additional controls on non-listed dual-use items because of public security or human rights considerations.
Dual-use items may be traded freely within the EU, except for some particularly sensitive items, whose transfer within the EU remains subject to prior authorisation (see Annex IV of the Regulation). The regulation contributes to the goals of the European Atomic Energy Community (Euratom) with regard to trade in nuclear material and to the peaceful uses of nuclear energy.
The regulation is directly applicable throughout the EU. EU countries nevertheless need to take national measures to implement some of its provisions, e.g. enforcement and penalties.
There are four types of export authorisations in place in the EU export control regime.
EU General Export Authorisations (EUGEAs) allow exports of dual-use items to certain destinations under certain conditions (see Annex II of the Regulation). Regulation (EU) 2021/821 provides for the following EUGEAs:
National General Export Authorisations (NGEAs) may be issued by EU Member States if they are consistent with existing EUGEAs and do not refer to items listed in Annex IIg of the Regulation.
Global licenses can be granted by competent authorities to one exporter and may cover multiple items to multiple countries of destination or end users.
Individual licenses can be granted by competent authorities to one exporter and cover exports of one or more dual-use items to one end-user or consignee in a third country.
Export controls need to be regularly updated to adjust to evolving security risks and threats, rapid developments in science and technology, and changes in world trade.
Following a 2014 communication that set out options to review the EU's export controls, the Commission adopted a proposal to modernise the EU export control system in September 2016. On 20 May 2021, the European Parliament and the Council adopted Regulation (EU) 2021/821.
The new Export Control Regulation upgrades and strengthens the EU's export control toolbox to respond effectively to evolving security risks and emerging technologies, and allows the EU to effectively protect its interests and values.
The Commission regularly holds public consultations, and has a constant dialogue with industry, academia and civil society, in an effort to strike the right balance between security and trade.
On 24 January 2024, the Commission published a White Paper on Export Controls outlining how to make EU export controls more effective in the context of growing geopolitical tensions, with a view to better upholding international security and safeguarding the EU's security interests.
In certain, additional EU restrictive measures (’sanctions’) may apply to dual-use exports.