The purpose of this Delegated Commission Regulation is to amend Regulation (EU) 2021/821 of the European Parliament and of the Council with regard to the list of dual-use items set out in Annex I to the Regulation.

Background

According to Regulation (EU) 2021/821, dual-use items - i.e. items which are likely to have both civilian and military use or which may contribute to the proliferation of weapons of mass destruction - must be subject to effective control when they are exported from, transited through or delivered to a third country through brokering services.

Annex I of Regulation (EU) 2021/821 establishes the common list of dual-use items that are subject to controls in the Union. The list of dual-use items needs to be updated regularly to ensure that international security obligations can be fully respected, transparency ensured and the competitiveness of economic operators maintained.

The current list of dual-use items was last updated by Commission Delegated Regulation (EU) 2020/1749. The changes to the control lists adopted by the international non-proliferation regimes and export control arrangements until the end of 2020 now require a new amendment of Annex I to Regulation (EU) 2021/821.

The Council empowers the Commission to adopt delegated acts with regard to the amendment of the list of dual-use items in Annex I, Annex II and Annex IV.

Content

The delegated act contains a series of amendments to the EU dual-use list with regard to control parameters, technical definitions and descriptions, and the deletion or addition of dual-use items.

The list of dual-use items in Annex I implements international agreements on dual-use controls, including the Australia Group, the Missile Technology Control Regime, the Nuclear Suppliers Group (NSG), the Wassenaar Arrangement and the Chemical Weapons Convention.

The list covers the following categories: nuclear materials, facilities and equipment; special materials and related equipment; materials processing; electronics; computers; telecommunications and "information security"; sensors and lasers; navigation and avionics; marine; aerospace and propulsion.

The changes to the list of dual-use items in Annex I also make it necessary to amend Annex IV of Regulation (EU) 2021/821.