Space Technologies - Series (9)
Today, part 9- Transit of space technologies
“Transit” means the transport of tangible non-EU dual-use items entering and passing through the customs territory of the EU with a destination outside the customs territory. An example would be the transit via Luxembourg to USA of an item shipped from China.
Dual-use items which transit though the EU are, in general, not subject to a license requirement.
However, a license shall be requested for the transit of:
a non-EU dual-use item listed in Annex I of Regulation (EC) 428/2009, where the items in question are or may be intended, in their entirety or in part, for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices or the development, production, maintenance or storage of missiles capable of delivering such weapons;
a dual-use item not listed in Annex I of Regulation (EC) 428/2009, where the items in question are or may be intended, in their entirety or in part, for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices or the development, production, maintenance or storage of missiles capable of delivering such weapons;
dual-use items, including those not listed in Annex I of Regulation (EC) 428/2009, intended for a military end-use if the purchasing county or country of destination is subject to an arms embargo imposed by a decision or a common position adopted by the Council or a decision of the Organisation for Security and Cooperation in Europe (OSCE) or an arms embargo imposed by a binding resolution of the Security Council of the United Nations.
Such a transit may be prohibited by the licensing authorities. Before deciding a prohibition, the Government may, in individual cases, subject them to an authorization. An application for authorization shall therefore be required in any case.
