Report on the Implementation of the Recast Dual-Use Regulation (EU) 2021/821

On 23 November 2021, the European Commission published its report to the European Parliament and the Council on the implementation of Regulation (EU) 2021/821 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. The report reflects on the legislative modernization of EU export controls, and the demand for a comprehensive “system upgrade” to meet emerging challenges. New amendments to the regulation include certain cyber-surveillance technologies, e.g. law enforcement monitoring "software" (5D001.e.1 and 2.) and "digital forensics" systems, equipment and components (5A004.b.1 and 2.) in the list of items subject to export control; along with the introduction of controls on "sub-orbital craft" (9A004.h.), and changes in controls on space qualified components for optical system (6A004.c.4) and other technologies. The report also addresses the export of dual-use items from the EU to the UK following Brexit, and national implementation and enforcement measures of EU Member States. Moreover, the report presented the activities of the Dual-Use Coordination Group (DUCG), and other supporting organizations which conducted general information exchanges on export control issues. Some key statistics emerging from the report include the a decrease in the number of licenses for listed cyber-surveillance items in 2019 (i.e. 81 denials were issued for cyber-surveillance items).

Source: European Commission Moreover, the following figures show the distribution of the 1884 dual-use items listed in the 10 Categories of Annex I of the recast dual-use Regulation and the main destinations of the dual-use exports in 2019.

Source: European Commission

Source: European Commission More details can be found here. Source: European Commission