EC Regulation 428/2009, Annex 1, sets out those dual-use items that are subject to controls prior to being exported outside of the European Union. The export of such items from the EU to any third country requires an export authorisation.

Annex 1 is regularly updated in line with decisions taken under the auspices of the 4 major international export control regimes:-

  • the Wassenaar Arrangement
  • the Nuclear Suppliers Group for Civil Nuclear Items
  • the Australia Group for Chemical and Biological Items; and
  • the Missile Technology Control Regime for Missile Systems and Other Means of Delivery.

The European Commission has launched a technical consultation in which it is seeking input from EU exporters on the availability from suppliers outside of the EU of dual-use items that are subject to export controls under EC Regulation 428/2009. The European Commission wants to gather more detailed information from EU exporters concerning a number of issues associated with the EU control list, and in particular, information on whether identical or similar items to those controlled by the EU are available from third countries. The consultation closes 26 April 2011.