COMPLIANCE ALERT: EU Dual-Use List Revisions Enter Into Force Later this Month
On 26 September 2017, the EU Commission adopted the annual Delegated Regulation that updates the EU dual-use export control list located in Annex I to Regulation (EC) No 428/2009 and brings it in line with
the changes enacted by the multilateral export control arrangements in 2016. The Commission Delegated Regulation will enter into force upon its publication 2 months after its adoption (November 26, 2017), provided that the Council and the European Parliament raise no objections within this period. The announcement is available at: http://trade.ec.europa.eu/doclib/docs/2017/october/tradoc_156134.pdf
The majority of the changes this year result from amendments that were made by the Wassenaar Arrangement, including:
An updated list of acronyms and abbreviations;
New definitions for “biological agents” (Category 1), “Monolithic Microwave Integrate Circuit” (MMIC) (Categories 3 and 5) and “authentication” (Category 5 Part 2). The definition of “adapted for use in war” (Category 1) was removed;
The restructuring of Category 5 Part 2 into a more positive control list of dual-use information security items continued. Note 4 (decontrol note to Category 5, Part 2) was removed, and is now incorporated in the 5A002.a. control entry; and
The addition of new (sub-entry) controls in Category 3 for integrated circuits with analogue-to-digital converters (3A001.a.14.) and for MMIC transmit/receive modules (3A001.b.12.), and in Category 6 for certain lasers (6A005).
The Australia Group in 2016 agreed to remove controls on the Dengue virus (1C351.a.10.) and on verotoxin and Shiga-like ribosome inactivating proteins (1C351.d.9.). Two bacteria and six toxins under 1C351 were renamed. Several controls on biological equipment were reviewed. To be noted, viruses controlled under 1C351.a have not been re-ordered alphabetically in the EU list, as decided by the Australia Group in 2016, as the long term consistency in control entry numbering for pathogenic material was considered more preferential.
The Missile Technology Control Regime added a new control for aerothermodynamic test facilities (9B107) and a new sub-entry control for ultra-high temperature ceramics (1C102.f.). The controls for liquid rocket propulsion (9A106) and for propellant tanks systems (9A120) were amended to include gel propellant. A note to the control on flow-forming machines was amended to include missile inter-stages (2B109.b.). A new note to the 9D105 software control was added to highlight that this control includes software specially designed for a manned aircraft converted to operate as an unmanned aerial vehicle.
Two new sub-entry controls for plasma torches and electron beam guns were introduced by the Nuclear Suppliers Group in Category 2 (2B227).
The Comprehensive Change Note Summary 2017 provides a detailed overview of all technical changes compared to the 2016 EU Dual-Use Control List across all 10 categories.
The 2017 Commission Delegated Regulation including Explanatory Memorandum and the newwly-amened dual-use control list is available at: http://trade.ec.europa.eu/doclib/docs/2017/october/tradoc_156132.pdf
