Commission Recommendation (EU) 2024/2659 on guidelines on the export of cyber-surveillance items under Article 5 of Regulation (EU) 2021/821

Summary:

Recommendation (EU) 2024/2659 - adopted by the European Commission on 11 October 2024 - setting out guidelines on the export of cyber-surveillance items under Article 5 of Regulation (EU) 2021/821.

Further information:

Regulation (EU) 2021/821 upgraded, modernised and strengthened the European Union's (EU) export control toolbox to respond effectively to evolving risks and emerging technologies. It also enhanced the EU's capacity to address the risk of violations of human rights associated with trade in cyber-surveillance technologies without prior agreement at multilateral level, and to control trade flows in sensitive new and emerging technologies.

The Act introduces new provisions for the control of exports of non-listed cyber-surveillance items, including an obligation for exporters to notify the competent authority when they are aware according to their due diligence findings that non-listed cyber-surveillance items are intended for use in connection with internal repression and/or the commission of violations of human rights and international humanitarian law.

This Recommendation offers guidance aimed at supporting exporters in the application of controls on non-listed cyber-surveillance items. It was adopted by the European Commission on 11 October 2024 and published in the Official Journal on 16 October 2024.