Dual-use items: Community regime for the control of exports, transfer, brokering and transit, update of the EU control list

PURPOSE: to amend Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual use items by updating Annex I.

LEGISLATIVE ACT: Regulation (EU) No 388/2012 of the European Parliament and of the Council amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.

CONTENT: the Council adopted a Regulation updating the EU's list of dual use items and technology subject to control of exports and transit, in order to align it with international rules.

Council Regulation (EC) No 428/2009 requires dual-use items (including software and technology) to be subject to effective control when they are exported from or transit through the Union, or are delivered to a third country as a result of brokering services provided by a broker resident or established in the Union.

Regulation (EC) No 428/2009 provides for the list set out in Annex I to be updated in conformity with the relevant obligations and commitments, and any modification thereof, that Member States have accepted as members of international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties.

This Regulation amending Annex I to Regulation (EC) No 428/2009 aims to take account of changes agreed within the Australia Group, the Nuclear Suppliers Group, the Missile Technology Control Regime and the Wassenaar Arrangement, subsequent to the adoption of that Regulation.

ENTRY INTO FORCE: 15/06/2012.