The Official Journal of the European Union has published on May 29th 2009, Regulation (EC) No 428/2009, of May 5th 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items. An effective common system of export controls on dual-use items is necessary to ensure that the international commitments and responsibilities of the Member States and of the European Union, are complied with, especially those regarding non-proliferation.

According to Regulation (EC) No 428/2009, “dual-use items” will mean items, including software and technology, which can be used for both civil and military purposes, and shall include all goods which can be used for both non-explosive uses and assisting in any way in the manufacture of nuclear weapons or other nuclear explosive devices.

The responsibility for deciding on individual, global or national general export authorisations, on authorisations for brokering services, on transits of non-Community dual-use items or on authorisations for the transfer within the Community of the dual-use items listed in the Regulation, lies with national authorities. However, the existence of a common control system and harmonised policies for enforcement and monitoring in all Member States is a prerequisite for establishing the free movement of dual-use items inside the Community. For that purpose, these provision establish a common framework for the authorisation required for the export transfer, brokering and transit of the dual-use items listed in the text.

Member States, in cooperation with the Commission, shall take all appropriate measures to establish direct cooperation and exchange of information between competent authorities, in particular to eliminate the risk that possible disparities in the application of export controls to dual-use items may lead to a deflection of trade, which could create difficulties for one or more Member States.

Decisions to update the common list of dual-use items subject to export controls must be in conformity with the obligations and commitments that Member States have accepted as members of the relevant international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties. This list implements internationally agreed dual-use controls including the Wassenaar Arrangement, the Missile Technology Control Regime (MTCR), the Nuclear Suppliers’ Group (NSG), the Australia Group and the Chemical Weapons Convention (CWC).