On 16 December 2017, the annual Delegated Regulation that updates the EU dual-use export control list in Annex I to Regulation (EC) No. 428/2009 (“Annex“) came into force. As a recap, Annex I sets out a lengthy list of dual-use items which are controlled for export to outside the EU and is generally updated on an annual basis. The list of dual-use items set out in the Annex needs to stay current in order to ensure full compliance with international security obligations, guarantee transparency, maintain the Union competitiveness and facilitate references for export control authorities and economic operators. The update aligns the list with decisions taken within the framework of the international non-proliferation regimes and export control arrangements in 2016.
The majority of the changes this year result from amendments that were agreed in the Wassenaar Arrangement, including:
- An updated list of acronyms and abbreviations;
- New definitions for “biological agents” (Category 1), “Monolithic Microwave Integrate Circuit” (MMIC) (Categories 3 and 5) and “authentication” (Category 5 Part 2). The definition of “adapted for use in war” (Category 1) was removed;
- The restructuring of Category 5 Part 2 into a more positive control list of dual-use information security items. Note 4 (decontrol note to Category 5, Part 2) was removed, and is now incorporated in the 5A002.a. control entry; and
- The addition of new (sub-entry) controls in Category 3 for integrated circuits with analogue-to-digital converters (3A001.a.14.) and for MMIC transmit/receive modules (3A001.b.12.), and in Category 6 for certain lasers (6A005).
Changes were also made to reflect amendments to the Australia Group and Nuclear Suppliers Group lists.
The Missile Technology Control Regime was also changed. The changes included a new note to the 9D105 software control to highlight that this control includes software specially designed for a manned aircraft converted to operate as an unmanned aerial vehicle.