Proposal for a Regulation setting up a Union regime for the control of exports, transfer, brokering, technical assistance and transit of dual-use items (recast)

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Series Details COM (2016) 616
Publication Date 28 September 2016
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In May 2009, the Council of the European Union adopted Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items. In line with Article 25(2) of the Regulation, the Commission presented in October 2013 a comprehensive report to the European Parliament and the Council on the implementation of the Regulation. The report concluded that the EU export control system provides solid legal and institutional foundations but cannot remain static and must be upgraded in order to face new challenges.

In April 2014, the Commission adopted a Communication setting out concrete policy options for the review of the EU export control regime and its adaptation to rapidly changing technological, economic and political circumstances. In 2015, the Commission conducted an impact assessment of the review options outlined in that Communication to identify the most suitable regulatory and non-regulatory actions to bring them into effect. This proposal has been prepared in light of the conclusions of the impact assessment.

The export control policy review has been identified as an initiative under the Regulatory Fitness and Performance Programme (REFIT) in consideration of its potential regulatory simplification and burden reduction. Council Regulation (EC) No 428/2009 has been amended on several occasions. Since further amendments are to be made, it should be recast in the interests of clarity and readability.

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Commentary and Analysis
EPRS: Briefing, November 2019: Review of dual-use export controls

EUR-Lex: SWD(2016)315: Report on the EU Export Control Policy Review - Impact assessment
EUR-Lex: SWD(2016)314: Report on the EU Export Control Policy Review - Executive summary of the impact assessment

ESO Records
Control of trade in dual-use items

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