We are migrating the content of this website during the first semester of 2014 into the new EUR-Lex web-portal. We apologise if some content is out of date before the migration. We will publish all updates and corrections in the new version of the portal.
Do you have any questions? Contact us.
Dual-use items and technology
This Regulation sets up an effective system of controls for dual-use items (including software and technology) to be exported from the Community. This will ensure that the international non-proliferation commitments given by the European Union (EU) and its Member States are honoured. At the same time, these export controls ensure that dual-use items can move freely within the Community.
This Regulation establishes Community rules for controlling exports of dual-use items and technologies *.
Any products, software or technology that can be used for both civil and military purposes are considered to be dual-use items.
The Regulation does not apply to the supply of services or the transmission of technology if this involves the cross-border movement of natural persons.
Exporting dual-use items
The export of dual-use items listed in the annex to the Regulation is subject to authorisation. The authorisation is valid throughout the European Community (EC). The list itself is divided into ten categories.
A general Community export authorisation has been set up for certain categories of products destined for the following countries: Australia, Canada, Japan, New Zealand, Norway, Switzerland and the United States of America.
Any other export authorisations required are to be granted by the competent authorities of the Member State in which the exporter is established.
In deciding whether or not to grant an export authorisation, the Member States must take into account their obligations as members of international non-proliferation regimes as well as any sanctions imposed by positions and decisions of the EU, OSCE or UN. Furthermore, they must give consideration to the European Union Code of Conduct on arms exports as well as the intended end-use and the risk of diversion.
An authorisation is also required for the export of dual-use items not listed in the annex if the exporter has been informed by the competent authorities that the items in question are or may be intended, in their entirety or in part, for use in connection with
- the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons;
- the development, production, maintenance or storage of missiles capable of delivering such weapons.
Essential security interests
If an export might prejudice its essential security interests, a Member State may request another Member State not to grant an export authorisation or to annul, suspend, modify or revoke it. In such cases, the two Member States are to consult with each other immediately.
A Member State may provisionally suspend the process of export from its territory if it suspects that important information was not been taken into account when the authorisation was granted or that circumstances have materially changed.
Exporters must keep records of their exports. These records must contain information about the description and quantity of the items as well as the names and addresses of the exporter and consignee.
Export controls at European level for dual-use items and technology will help ensure that the international commitments given by the EU and its Member States with regard to the non-proliferation of weapons of mass destruction and the dissemination of conventional weapons are honoured. These include, for example, participation in the Nuclear Suppliers Group (NSG), which seeks to prevent the proliferation of nuclear items and technology, and the Australia Group (AG), whose aim is to stop the proliferation of chemical and biological items and technology.
|Key terms used in the act|
|Dual-use items: items, including software and technology, which can be used for both civil and military purposes. This term also includes all goods which can be used for both non-explosive uses and assisting in any way in the manufacture of nuclear weapons or other nuclear explosive devices.|
|Act||Entry into force - Date of expiry||Deadline for transposition in the Member States||Official Journal|
|Regulation (EC) No 1334/2000||28.09.2000||-||OJ L 159, 30.6.2000|
|Amending act(s)||Entry into force||Deadline for transposition in the Member States||Official Journal|
|Regulation (EC) No 2889/2000||4.1.2001||-||OJ L 336 of 30.12.2000|
|Regulation (EC) No 2432/2001||19.1.2002||-||OJ L 338 of 20.12.2001|
|Regulation (EC) No 149/2003||7.3.2003||-||OJ L 30 of 5.2.2003|
|Regulation (EC) No 885/2004||-||-||OJ L 168 of 1.5.2004|
|Regulation (EC) No 394/2006||11.4.2006||-||OJ L 74 of 13.3.2006|
|Regulation (EC) No 1183/2007||21.11.2007||-||OJ L 278 of 22.10.2007|