On 6 January 2022, the European Commission published Delegated Regulation (EU) 2022/1 amending Regulation (EU) 2021/821 of 20 October 2021, updating the list of dual-use items (ie goods, software and technology that can be used for both civilian and military applications) contained in Annex I.

On 11 June 2021, the amended Dual-Use Regulation was published in the Official Journal of the European Union as Regulation (EC) 2021/821 and came into force on 9 September 2021.

Regulation (EC) No 2021/821 governs the EU's export control regime for dual-use items, which includes:

• 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
• Common provisions for end-use controls on non-listed items which could be used eg in connection with a weapon of mass distraction programme or for human rights violations
• Controls on brokering and technical assistance relating to dual-use items and their transit through the EU
• Specific control measures and compliance to be introduced by exporters, such as record-keeping and registers
• Provisions setting up a network of competent authorities supporting the exchange of information and the consistent implementation and enforcement of controls throughout the EU

Export controls need to be regularly updated to adjust to evolving security risks and threats, rapid developments in science and technology, and changes in world trade. The EU Commission regularly holds public consultations, and has a constant dialogue with industry, academia and civil society, in an effort to strike the right balance between security and trade.

More information on the EU’s dual-use controls can be found here.

The Delegated Regulation (EU) 2022/1 of 20 October 2021, can be found here.