Review of dual-use export controls

‘EU Legislation in Progress’ briefings aim to provide Members of the European Parliament with systematic and automatic analysis on all substantial proposals for EU legislation at every stage of the legislative procedure. Each contains an account of the purpose, content and legal aspects of the legislation proposed, in particular analysing what the legislation would change, as well as any previous legislation and the background. An overview of stakeholders’ views is also provided, as well as the opinions of national parliaments and the two advisory committees.

They are all made publicly available for stakeholders and the public.

The briefings are continuously updated as they pass through the policy making process and the source url hyperlink above should take you to the latest available version.

Titles in the series since 2016 offer expanded information under the following headings:

Background
+ Introduction
+ Context
+ Existing situation

Proposal
+ The changes the proposal would bring

Views
+ Advisory committees
+ National parliaments
+ Stakeholders’ views

Legislative process
+ European Parliament
+ Council

References
+ EP supporting analysis
+ Other sourcesCertain goods and technologies have legitimate civilian applications but can also be used for the development of weapons of mass-destruction, terrorist acts and human rights violations; these so-called ‘dual-use’ goods are subject to the European Union’s export control regime. The European Commission decided in 2016 to revise the dual-use export controls, mainly to take account of significant technological developments and to create a more level playing field among EU Member States.

The proposed regulation recast the regulation in force since 2009. Among other elements, the proposal introduced a controversial new ‘human security’ dimension to export controls, to prevent the abuse of certain cyber-surveillance technologies by regimes with a questionable human rights record.

Stakeholders were divided over the incorporation of human rights considerations, with the technology industry particularly concerned that it might lose out to non-European competitors. The European Parliament, the Council of the European Union and the European Commission issued a joint statement on the review of the dual-use export control system in 2014 and the European Parliament had subsequently adopted several resolutions related to the issue.

Next steps expected: First-reading debate in plenary in early 2018.

Author: Beatrix Immenkamp

EP: EPRS: Briefing: EU Legislation in Progress http://epthinktank.eu/eu-legislation-in-progress/

EP: EPRS: Briefing: Initial Appraisal of a European Commission Impact Assessment, January 2017: Control of exports, transfer, brokering, technical assistance and transit of dual-use items http://www.europeansources.info/record/control-of-exports-transfer-brokering-technical-assistance-and-transit-of-dual-use-items/

---