Written by Beatrix Immenkamp (5th edition),
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 is now being revised, mainly to take account of significant technological developments and to create a more level playing field among EU Member States.
The proposed regulation would recast the regulation in force since 2009. Among other elements, the proposal seeks to introduce an ‘autonomous’ EU list for cyber-surveillance technology featuring items that are not (yet) subject to multilateral export control. Moreover, the proposal seeks to introduce human rights violations as an explicit justification for export control.
Stakeholders are divided over the incorporation of human rights considerations, with the technology industry particularly concerned that it might lose out to non-European competitors. 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.
|Proposal for a Regulation of the European Parliament and of the Council setting up a Union regime for the control of exports, transfer, brokering, technical assistance and transit of dual-use items (recast).|
|Committees responsible:||International Trade (INTA)||COM(2016) 616 of 28.9.2016, 2016/0295(COD)
Ordinary legislative procedure (COD) (Parliament and Council on equal footing – formerly ‘co-decision’)
|Rapporteur:||Klaus Buchner (Green/EFA, Germany)|
|Shadow rapporteurs:||Sven Simon (EPP, Germany)
Bernd Lange (S&D, Germany)
Liesje Schreinemacher (Renew Europe, the Netherlands)
Geert Bourgeois (ECR, Belgium)
Martina Anderson (GUE/NGL, United Kingdom)
|Next steps expected:||Continuing trilogue discussions|