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The EU framework for the control of exports of dual use items

The EU framework for the control of exports of dual use items. Beijing, China, 1-2 July 2009. The EU framework for the control of exports of dual use items. Council Regulation (EC) No. 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology

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The EU framework for the control of exports of dual use items

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  1. The EU framework for the control of exports of dual use items Beijing, China, 1-2 July 2009

  2. The EU framework for the control of exports of dual use items • Council Regulation (EC) No. 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology • (currently in force, will be repealed on 27 August 2009) • The EU Strategy against proliferation of weapons of mass destruction • (adopted by the European Council on 12 December 2003) • Council Regulation (EC) No. 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (new regulation, enters into force on 27 August 2009)

  3. Council Regulation (EC) No. 428/2009 Objectives • To fight proliferation by providing uniform and effective EU-wide legislation for the control of external trade • To enable EU Member States to implement international commitments in the area of export controls • To allow freedom of movement of most dual use items within the EU

  4. Council Regulation (EC) No. 428/2009 Summary • Lays down rules for export controls and establishes framework for administrative cooperation between Member States • Expands requirements of Reg. 1334/2000, to ensure enhanced information exchange and compliance with UNSCR 1540 regarding transit and brokering • Contains updated list of controlled items

  5. Council Regulation (EC) No. 428/2009 Summary (continued) • Article 2: Definitions • Articles 3 to 8: Scope • Article 9: Community General Export Authorisation, national, global and individual authorisations • Articles 12, 13 and 19: Assessment of licence applications, information exchange, consultations

  6. Council Regulation (EC) No. 428/2009 Summary (continued) • Annex I: list of controlled items • Annex II: the Commmunity General Export Authorisation (CGEA) • Annex IIIa: Model for national, global and individual export authorisations • Annex IIIb: Model for brokering services authorisations • Annex IIIc: Common elements for publication of general export authorisations • Annex IV: List of most sensitive items listed in Annex I, intra-Community transfers of which are subject to control

  7. Challenges faced by EU Member States in implementing controls • All EU Member States must have all necessary information at their disposal and be fully aware of possible risks and threats • National export control procedures must be optimised • EU undertakings must be fully aware of legislation and of the dual use nature of their products

  8. CONCLUDING REMARKS EU Member States are determined to respect the highest possible standards in the area of export controls in order to promote EU and international security. EU legislation and strategies provide an appropriate framework for controls. All are aware of the challenges involved, and continue to work on a daily basis to ensure the controls are efficiently and effectively applied.

  9. Sources • Council secretariat website http://www.consilium.europa.eu/export-controls • EC Website http://ec.europa.eu/trade/issues/sectoral/industry/dualuse/links.htm

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