For a brief overview of the key points of the adopted text and its significance for the citizen, please see the corresponding summary note.

Dual-use items are goods and technologies that can have legitimate civilian applications, but can also be used for the development of weapons of mass-destruction, terrorist acts and human rights violations. These so-called ‘dual-use’ goods are subject to the European Union’s export control regime.

On 28 September 2016 the Commission adopted a proposal for a new regulation on the export control of dual-use items, mainly to take account of significant technological developments and to create a more level playing field among EU Member States.

Following lengthy inter-institutional negotiations, on 9 November 2020, the Council and the European Parliament reached provisional agreement on the final text of the regulation. The European Parliament formally adopted the legislative act during the March II plenary, on 25 March 2021; the Council adopted it on 10 May.

The Council has described the final text as making "major concessions" to the demands of the European Parliament.

The main features of the agreed regulation are as follows:

- the regulation imposes stricter export controls on cyber-surveillance technology, to stop this technology from being used to violate human rights in third countries and to protect European security,

- the regulation introduces an EU-level coordination mechanism which allows for information exchange among the member states concerning the export of cyber-surveillance items;

- the regulation introduces two new, general EU export authorisations for the export of dual-use items – one for cryptographic items and one for intra-group technology transfers under certain circumstances; 

- the regulation makes provision to improve cooperation between licensing and customs authorities; 

- the regulation introduces a new provision for emerging technologies, allowing, in certain cases, a member state to introduce export controls on the basis of the legislation established by another member state, thereby allowing for a cross-border effect of member states’ export controls;

- the regulation harmonises the rules applicable to technical assistance;

- the regulation introduces new reporting rules that will increase transparency for the trade in dual-use items.

The new regulation, 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, was published in the Official Journal on 11 June 2021 and entered into force on 8 September 2021.

References:

• EP Legislative Observatory, Procedure file on a Union regime for the control of exports, transfer, brokering, technical assistance and transit of dual-use items. Recast, 2016/0295(COD)
• Official Journal of the European Union, 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), L 206, 11 June 2021
• European Parliament, Resolution of 17 December 2015 on arms export, 2015/2114(INI)
• European Commission, 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), COM(2016)616
• Council of the European Union, General Secretariat, Mandate for negotiations with the European Parliament, 2016/0295(COD), 5 June 2019

Further reading:

• European Parliament, EPRS, Review of Dual-Use Export Control, Briefing, January 2021
• European Parliament, EPRS, Control of trade in dual-use items - Regulation 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items: Implementation Appraisal, Implementation Appraisal, September 2016

Author: Marcin Szczepanski, Members' Research Service, legislative-train@europarl.europa.eu