Chemical sector businesses who export, transport or broker items which fall under the Dual Use Regulation could see changes to the ways they operate in the not too distant future. The European Commission has launched a public consultation on its “Export Control Policy Review”.  The results of the consultation will help the Commission identify the most suitable regulatory and non-regulatory actions to implement and to decide whether to propose amendments (and, if so, which amendments) to the Dual Use Regulation (Regulation (EC) No 428/2009).  The deadline for responses to the consultation is 15 October 2015.  

The Dual Use Regulation governs the export, transit and brokering (and in some cases, inter-EU transfer) of dual-use items (i.e. items that can be used in both a civil and military context).  The consultation on the Commission’s review follows (i) a Communication in April 2014 outlining a long-term vision for the EU’s export control regime and how to modernise it, and (ii) an impact assessment process on the costs/benefits of various review options.  The review is designed to address “challenges, weaknesses and deficiencies” stakeholders have identified with the current system and to consider the need to adjust the regime as a result of trends including: evolving foreign policy considerations and security risks; rapid scientific and technological developments; the lack of global export control standards; and divergence within the EU on applying export controls.