Reply
15.10.2021
The company referred to by the Honourable Member is not included in the annex to Council Decision (CFSP) 2020/1999 concerning restrictive measures against serious human rights violations and abuses, or in any other annex related to restrictive measures adopted by the Council.
Restrictive measures adopted by the Council are reviewed at regular intervals and can be renewed, or amended as appropriate, if the Council deems that the objectives have not been met.
Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)[1] entered into force on 9 September 2021, replacing Regulation 428/2009[2].
According to Regulation (EU) 2021/821, an authorisation is required for the export of dual-use items listed in Annex I thereto. As concerns items not listed in Annex I, Article 9(1) of Regulation (EU) 2021/821 provides that a Member State may prohibit or impose an authorisation requirement on the export of dual-use items not listed in Annex I for reasons of public security, including the prevention of acts of terrorism, or for human rights considerations. Furthermore, according to Article 5(1) of that regulation, an authorisation is required for the export of cyber-surveillance items not listed in Annex I if an exporter has been informed by the competent authority that the items in question are or may be intended, in their entirety or in part, for use in connection with internal repression and/or the commission of serious violations of human rights and international humanitarian law.
Therefore, according to Regulation (EU) 2021/821, prohibition or imposition of an authorisation requirement on the export of dual-use items not listed in Annex I thereto is primarily the responsibility of the EU Member States.