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Review of dual-use export controls

20-07-2021

Certain goods and technologies have legitimate civilian applications but can also be used for military purposes; so-called 'dual-use' goods are subject to the European Union's export control regime. The regime has just been revised, mainly to take account of significant technological developments, increase transparency and create a more level playing field among EU Member States. The proposed regulation will recast the regulation in force since 2009. Among other elements, the proposal explicitly ...

Certain goods and technologies have legitimate civilian applications but can also be used for military purposes; so-called 'dual-use' goods are subject to the European Union's export control regime. The regime has just been revised, mainly to take account of significant technological developments, increase transparency and create a more level playing field among EU Member States. The proposed regulation will recast the regulation in force since 2009. Among other elements, the proposal explicitly defines cyber-surveillance technology as dual-use technology and introduces human rights violations as an explicit justification for export control. It also includes provisions to control emerging technologies. The proposed regulation introduces greater transparency into dual-use export control by increasing the level of detail Member States will have to provide on exports, licences, licence denials and prohibitions. On 17 January 2018, based on the INTA committee's report on the legislative proposal, the European Parliament adopted its position for trilogue negotiations. For its part, the Council adopted its negotiating mandate on 5 June 2019, and on the basis of this mandate, the Council Presidency began negotiations with the European Parliament's delegation on 21 October 2019. Trilogue negotiations ended on 9 November 2020, with agreement on a final compromise text. Endorsed by the INTA committee on 30 November, the Parliament formally voted on the text in plenary on 25 March 2021. The Regulation was published in the Official Journal on 11 June 2021 and enters into force on 8 September 2021. Seventh edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Waste Shipment Regulation

08-04-2021

The New Circular Economy Action Plan is one of the main building blocks of the European Green Deal. It sets initiatives along the entire lifecycle of products with the aim to ensure that the resources used for their production, including the waste generated, are kept in the EU economy for as long as possible. At the same time, the circular economy policy aims at protecting the environment and empowering the consumers. Waste shipment within and outside the EU has a crucial role in achieving the EU ...

The New Circular Economy Action Plan is one of the main building blocks of the European Green Deal. It sets initiatives along the entire lifecycle of products with the aim to ensure that the resources used for their production, including the waste generated, are kept in the EU economy for as long as possible. At the same time, the circular economy policy aims at protecting the environment and empowering the consumers. Waste shipment within and outside the EU has a crucial role in achieving the EU circular economy objectives. At EU level, the transboundary movements of waste are governed by Regulation (EC) 1013/2006 on shipments of waste (WSR). However, the current design and implementation of the regulation suffer from deficiencies and thus challenge the achievement of the EU circular economy objectives. This Implementation Appraisal looks at the practical implementation of the WSR in light of the Commission proposal for a revision of the regulation expected in the second quarter of 2021.

Control of exports, transfer, brokering, technical assistance and transit of dual-use items

22-03-2021

Certain goods and technologies have legitimate civilian applications but can also be used for military purposes; known as 'dual-use' goods, they are subject to the European Union's export control regime. The regime is now being revised, mainly to take account of significant technological developments, increase transparency and create a more level playing field among EU Member States. The proposal would place new limits on the export of cyber-surveillance items and strengthen human rights considerations ...

Certain goods and technologies have legitimate civilian applications but can also be used for military purposes; known as 'dual-use' goods, they are subject to the European Union's export control regime. The regime is now being revised, mainly to take account of significant technological developments, increase transparency and create a more level playing field among EU Member States. The proposal would place new limits on the export of cyber-surveillance items and strengthen human rights considerations. The European Parliament is expected to vote on the agreed text resulting from interinstitutional negotiations during the March II plenary session.

United States: Export Control Reform Act (ECRA)

22-11-2019

Against the backdrop of the growing relevance of certain new technologies for security and defence, the United States of America introduced the Export Control Reform Act (ECRA) in 2018. The Act aims to restrict the export of emerging and foundational technologies that can potentially be used for civilian and military purposes ('dual use technologies') and that have not been subject to export control in the past. The adoption of the Act coincides with growing concerns about China's access to critical ...

Against the backdrop of the growing relevance of certain new technologies for security and defence, the United States of America introduced the Export Control Reform Act (ECRA) in 2018. The Act aims to restrict the export of emerging and foundational technologies that can potentially be used for civilian and military purposes ('dual use technologies') and that have not been subject to export control in the past. The adoption of the Act coincides with growing concerns about China's access to critical new technologies. The first set of controls, targeting various 'emerging technologies' that China has stated a desire to develop, will take effect in 2020. Controls on 'foundational technologies' should come later, although specific details about which technologies will be included in this category are not yet available. Functionally, ECRA represents a modification of the existing US Export Administration Regulations (EAR). Under the EAR, the Bureau of Industry and Security assigns an Export Control Classification Number to each technology, which determines the specific restrictions that apply to it. There has been significant debate around ECRA in the USA. Industry leaders have expressed concern about their level of input in the process and have urged the government to clarify its definitions of emerging and foundational technologies. Overall, stakeholders emphasise that aspirations to safeguard national security must be balanced with support for economic growth and innovation. The timing of ECRA coincides with the review of dual-use export controls in the European Union (EU). There have been calls for increased dialogue with the USA and other crucial partners on export control, as well as for a coordinated EU response to ECRA.

EU rules on control of arms exports

07-11-2018

The EU's Common Position on arms exports is the only legally binding region-wide arrangement on conventional arms exports. While the Common Position has increased information-sharing and transparency of Member States' arms exports, scope remains to enhance convergence of national policies and for stricter implementation of the criteria defined in the EU text. Following the publication of the EU's 19th annual report on arms exports in February 2018, the European Parliament is due to discuss a report ...

The EU's Common Position on arms exports is the only legally binding region-wide arrangement on conventional arms exports. While the Common Position has increased information-sharing and transparency of Member States' arms exports, scope remains to enhance convergence of national policies and for stricter implementation of the criteria defined in the EU text. Following the publication of the EU's 19th annual report on arms exports in February 2018, the European Parliament is due to discuss a report on the implementation of the Common Position during its November I plenary session.

The further development of the Common Position 944/2008/CFSP on arms exports control

16-07-2018

In view of the upcoming review of the EU Common Position 944/2008/CFSP on arms exports, the aim of the workshop was to provide an overview of the context in which this process will take place together with a set of possible outcomes the review could produce. The speakers from the Stockholm International Peace Research Institute (SIPRI), first defined the context by describing how, since the EU Common Position was adopted in 2008, EU member states performed in terms of military expenditure, arms production ...

In view of the upcoming review of the EU Common Position 944/2008/CFSP on arms exports, the aim of the workshop was to provide an overview of the context in which this process will take place together with a set of possible outcomes the review could produce. The speakers from the Stockholm International Peace Research Institute (SIPRI), first defined the context by describing how, since the EU Common Position was adopted in 2008, EU member states performed in terms of military expenditure, arms production and arms transfers. Recent measures adopted at the EU level to boost defence industrial cooperation were also indicated as part of this framework. The speakers also highlighted the divergences in member states’ export policies which emerged in the last decade, most recently during the conflict in Yemen. They then provided a number of options that could be taken into consideration during the 2018 review, covering both adjustments to the language of the criteria and the user’s guide and measures to improve the implementation of the EU Common Position, the quality of reporting and to increase coherence and coordination of the EU export control regime.

Externí autor

Dr. Sibylle BAUER, Mark BROMLEY, Giovanna MALETTA – Stockholm International Peace Research Institute (SIPRI)

EU rules on control of arms exports

05-09-2017

The EU's Common Position on arms exports is the only legally binding region-wide arrangement on conventional arms exports. While the Common Position has increased information-sharing and transparency of Member States' arms exports, scope remains to enhance convergence of national policies and for stricter implementation of the criteria defined in the EU text. Parliament is due to discuss a report on implementation of the Common Position during its September plenary session.

The EU's Common Position on arms exports is the only legally binding region-wide arrangement on conventional arms exports. While the Common Position has increased information-sharing and transparency of Member States' arms exports, scope remains to enhance convergence of national policies and for stricter implementation of the criteria defined in the EU text. Parliament is due to discuss a report on implementation of the Common Position during its September plenary session.

Obranný průmysl

01-09-2017

Evropský obranný průmysl měl v roce 2014 obrat 97,3 miliardy EUR, zaměstnává přímo 500 000 osob a nepřímo vytváří 1,2 milionu pracovních míst, a je tak největším průmyslovým odvětvím. Tvoří jej hospodářské a technologické složky, které významně ovlivňují konkurenceschopnost evropského průmyslu. Rozvoji obranného průmyslu napomáhá Evropská obranná agentura založená v roce 2004. Odvětví nyní čelí některým výzvám, jako je např. fragmentace trhu a pokles výdajů souvisejících s obranou.

Evropský obranný průmysl měl v roce 2014 obrat 97,3 miliardy EUR, zaměstnává přímo 500 000 osob a nepřímo vytváří 1,2 milionu pracovních míst, a je tak největším průmyslovým odvětvím. Tvoří jej hospodářské a technologické složky, které významně ovlivňují konkurenceschopnost evropského průmyslu. Rozvoji obranného průmyslu napomáhá Evropská obranná agentura založená v roce 2004. Odvětví nyní čelí některým výzvám, jako je např. fragmentace trhu a pokles výdajů souvisejících s obranou.

Towards an EU common position on the use of armed drones

15-06-2017

Since the European Parliament (EP) passed a resolution on the use of armed drones in February 2014, it has pointed several times to the need for a common EU position on the matter. It has stressed in particular the importance of ensuring compliance with international human rights and humanitarian law when using armed drones. This publication, which was requested by the EP’s Human Rights Subcommittee, includes a briefing with specific recommendations, drawn up from a legal standpoint, on the elements ...

Since the European Parliament (EP) passed a resolution on the use of armed drones in February 2014, it has pointed several times to the need for a common EU position on the matter. It has stressed in particular the importance of ensuring compliance with international human rights and humanitarian law when using armed drones. This publication, which was requested by the EP’s Human Rights Subcommittee, includes a briefing with specific recommendations, drawn up from a legal standpoint, on the elements that a future Council decision on the use of armed drones should include. This publication also includes a report on the workshop held on 22 March 2017, at which a first draft of the briefing was presented and discussed with Members and stakeholders. The discussion at the workshop confirmed that there was broad support in Parliament for the development of common European principles governing the use of armed drones, not least in view of the emergence of new risks from non-state actors and the EU’s commitment to enhancing security and defence cooperation. While there is currently no agreement between Member States to pursue the matter at EU level, the workshop debate drew attention to the common rules on exports of armed drones and drone technology that already exist. Furthermore, progress has been made recently in agreeing a joint EU position regarding the related matter of lethal autonomous weapons.

Externí autor

Jessica DORSEY, Giulia BONACQUISTI

The implementation of the EU arms export control system

30-05-2017

The aim of the workshop was to provide an overview of the EU arms export control system as well as options for improvement. The main speaker, Dr Sibylle Bauer, Director of the Dual-Use and Arms Trade Control Programme at the Stockholm International Peace Research Institute (SIPRI), provided a brief overview of the main elements of the EU Common Position 2008/944/CFSP and then focused on aspects related to strengthening implementation of the eight criteria of the Common Position, the enhancement of ...

The aim of the workshop was to provide an overview of the EU arms export control system as well as options for improvement. The main speaker, Dr Sibylle Bauer, Director of the Dual-Use and Arms Trade Control Programme at the Stockholm International Peace Research Institute (SIPRI), provided a brief overview of the main elements of the EU Common Position 2008/944/CFSP and then focused on aspects related to strengthening implementation of the eight criteria of the Common Position, the enhancement of compliance with the reporting obligation by Member States, possible ways to increase the transparency and public scrutiny of the export control framework and the development of the EU’s institutional framework in this context. Her presentation was followed by a debate involving members of the Security and Defence Committee of the European Parliament, the outcome of which may feed into the EP Annual Report on Arms Export.

Externí autor

Sibylle BAUER, Mark BROMLEY and Giovanna MALETTA, Stockholm International Peace Research Institute (SIPRI)

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