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Space Technologies - Series (8)

Today, part 8- Transfer of space technologies

The term “transfer”’ relates to the movement of tangible dual-use items within the EU. A shipment from Luxembourg (or another EU country) to the Guiana Space Centre to the northwest of Kourou in French Guiana, South America (French territory), would constitute such a transfer.

The authorization requirement depends on the product.

For items included in Annex IV to the Regulation, the transfer is subject to an authorization requirement (Regulation 428/2009, Art. 22.1.)..

For other items, Luxembourg, has also imposed (exploring an option permitted by Regulation 428/2009 Article 22.2.) an authorization requirement on the transfer of dual-use items not listed in Annex IV (this includes items of Annex I and non-listed items) if the final destination of the items concerned is outside the EU customs territory, where, at the time of transfer:

  • the operator knows that the final destination of the items concerned is outside the European Union;

  • export of those items to that final destination is subject to an authorization requirement in the Member State from which the items are to be transferred, and such export directly from its territory is not authorised by a general authorization or a global authorization;

  • no processing or working is to be performed on the items in the EU Member State to which they are to be transferred (Law of 27 June 2018, Article 44).

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