Amended Council Regulation (EC) on the control of export of dual-use items
As an outcome of the negotiations on the amendment of the EU dual-use Regulation, in the afternoon of 18 November 2020 the Council of the European Union published the text of a new Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items.
Finland has actively contributed to the prompt release of the outcome of the negotiations, so that the amended text can be presented to actual and possible exporters of dual-use items as soon as possible.
The Export Control Unit of the Ministry for Foreign Affairs has prepared an analysis of the texts of the Regulation that is currently in force and the new amended text. The amended text will enter into force at some point next year, probably in early autumn. The analysis includes advice for readers in Finnish. A Finnish translation of the new Council Regulation is not yet available.
The Foreign Ministry’ analysis of the text is an unofficial document, which does not have a legal effect and which does not refer to the official text of the new Regulation, because minor linguistic or other revisions are still possible. The purpose of the unofficial document is to support export companies, when they are preparing for presentations at the export control clinic on 20 November 2020 and to help them to start preparing for the entry into force of the new Regulation next year.
The Foreign Ministry’s analysis aims at fast communication and at highlighting the key changes. It should be noted that at this phase, the analysis may include minor shortcomings.
The analysis is based on the Articles of the Regulation, which is why it is important that export companies also read the Recitals of the new Regulation (text setting out the reasons for the content of the Articles), the Annex on the general authorisation for encrypted items (EU008, from page 367 of document 12798/20), and the Annex on the general authorisation for certain intra-group exports (EU007, from page 364 of document 12798/20).
The amended text of the Council Regulation (EC) on the control of export of dual-use items can be read in PDF format (12798/20)(Link to another website.).
More information on the amendment of the Regulation can be found on the website of the Council of the European Union. (Link to another website.) (Opens New Window)