10 September 2021


On 9 September, the new EU Export Control Regulation - Regulation (EU) No 2021/821 - entered into force, modernising the EU system for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. Dual-use items are goods, software and technology that can be used for both civilian and military applications.

The Regulation governs the EU's export control regime, which includes, among others, common export control rules, including a common set of assessment criteria and common types of authorisations (individual, global and general authorisations); a common EU list of dual-use items; specific control measures and compliance to be introduced by exporters, such as record-keeping and registers; and provisions setting up a network of competent authorities supporting the exchange of information and the consistent implementation and enforcement of controls throughout the EU.

The new Regulation contains updates to key notions and definitions, for example concerning the definition of ‘exporter', to apply to natural persons and researchers involved in dual-use technology transfers. The regulation also introduces greater transparency by increasing the level of consultations and reporting between Member States and the Commission, contributing to the development of a new EU electronic licensing platform already piloted in four EU Member States.

Source: European Commission