This document is an excerpt from the EUR-Lex website
Document 52020XC0117(02)
Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use itemsOJ L 134, 29.5.2009, p. 1.: Information on measures adopted by Member States in conformity with Articles 4, 5, 6, 8, 9, 10, 17 and 222020/C 16/04
Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use itemsOJ L 134, 29.5.2009, p. 1.: Information on measures adopted by Member States in conformity with Articles 4, 5, 6, 8, 9, 10, 17 and 222020/C 16/04
Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use itemsOJ L 134, 29.5.2009, p. 1.: Information on measures adopted by Member States in conformity with Articles 4, 5, 6, 8, 9, 10, 17 and 222020/C 16/04
PUB/2019/47
OJ C 16, 17.1.2020, p. 4–46
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
17.1.2020 |
EN |
Official Journal of the European Union |
C 16/4 |
Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (1): Information on measures adopted by Member States in conformity with Articles 4, 5, 6, 8, 9, 10, 17 and 22
(2020/C 16/04)
Articles 5, 6, 8, 9, 10, 17 and 22 of Council Regulation (EC) No 428/2009 (hereunder "the Regulation") set out that measures taken by Member States in implementation of the Regulation should be published in the Official Journal of the European Union.
Furthermore, the Commission and the Member States have decided to also publish additional information on measures imposed by Member States under Article 4 in order to ensure that exporters have access to comprehensive information on the controls applicable throughout the EU.
1. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 4(5) OF THE REGULATION (AUTHORISATION REQUIREMENT ON THE EXPORT OF DUAL-USE ITEMS NOT LISTED IN ANNEX I)
A Member State may, in application of Article 4(5), extend the application of Article 4(1) to non-listed dual-use items, if the exporter has grounds for suspecting that those items are or may be intended for any of the uses referred to in Article 4(1).
Article 4(6) of the Regulation requires Member States which impose an authorisation requirement, in application of Article 4(5), on the export of dual-use items not listed in Annex I, to inform, where appropriate, the other Member States and the Commission. The table below provides an overview of the measures taken by Member States that have been notified to the Commission. The detailed measures as notified to the Commission are set out immediately thereafter.
Member State |
Has the Member State adopted national legislation imposing authorisation requirements in application of Article 4(5)? |
BELGIUM |
Partially YES |
BULGARIA |
NO |
CZECH REPUBLIC |
NO |
DENMARK |
NO |
GERMANY |
NO |
ESTONIA |
NO |
IRELAND |
YES |
GREECE |
NO |
SPAIN |
NO |
FRANCE |
NO |
CROATIA |
NO |
ITALY |
NO |
CYPRUS |
NO |
LATVIA |
NO |
LITHUANIA |
NO |
LUXEMBOURG |
YES |
HUNGARY |
YES |
MALTA |
NO |
NETHERLANDS |
NO |
AUSTRIA |
YES |
POLAND |
NO |
PORTUGAL |
NO |
ROMANIA |
NO |
SLOVENIA |
NO |
SLOVAKIA |
NO |
FINLAND |
YES |
SWEDEN |
NO |
UNITED KINGDOM |
YES |
1.1. Belgium
An export authorisation shall be required, in the Flemish Region and the Walloon Region, for the export of non-listed dual-use items where an exporter has grounds for suspecting that those items are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(1).
(Article 5 of the Flemish Government Decree of 14 March 2014 regulating export, transit and transfer of dual-use items and the delivery of technical assistance (Belgian Official Gazette of 2 May 2014); Article 4 of the Walloon Government Decree of 6 February 2014 regulating export, transit and transfer of dual-use items and technology (Belgian Official Gazette of 19.02.2014)).
1.2. Ireland
An export authorisation shall be required for the export of non-listed dual-use items where an exporter has grounds for suspecting that those items are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(1).
(Regulation 7 of the Control of Exports (Dual Use Items) Order 2009 (S.I. No. 443 of 2009)).
1.3. Luxembourg
An export authorisation shall be required for the export of non-listed dual-use items where an exporter has grounds for suspecting that those items are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(1).
(Law of 27 June 2018 on export control, Article 45(1)).
1.4. Hungary
An export authorisation shall be required for the export of non-listed dual-use items where an exporter has grounds for suspecting that those items are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(1).
(Para. 7. of Government Decree No 13 of 2011 on ‘the foreign trade authorisation of dual-use items’)
1.5. Austria
An export authorisation shall be required for the export of non-listed dual-use items where an exporter has grounds for suspecting that those items are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(1).
(Article 5 of the 2011 First Foreign Trade Regulation (Erste Außenwirtschaftsverordnung 2011), BGBl. II Nr. 343/2011, published on 28 October 2011).
1.6. Finland
An export authorisation shall be required for the export of non-listed dual-use items where an exporter has grounds for suspecting that those items are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(1).
(Par. 4(4) of law 562/1996)
1.7. United Kingdom
An export authorisation shall be required for the export of non-listed dual-use items where an exporter has grounds for suspicion that those items are or may be intended, in their entirety or part, for any of the uses referred to in Article 4(1).
(Article 6(1), 6(2) and 26 of The Export Control Order 2008 (S.I.2008/3231)).
2. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 5(2) OF THE REGULATION (EXTENSION OF BROKERING CONTROLS)
Article 5(2) in conjunction with Article 5(4) of the Regulation requires the Commission to publish measures taken by Member States to extend the application of Article 5(1) to non-listed dual-use items for uses referred to in Article 4(1) and to dual-use items for military end use and destinations referred to in Article 4(2).
The table below provides an overview of the measures taken by Member States that have been notified to the Commission. The detailed measures as notified to the Commission are set out immediately thereafter.
Member State |
Has the application of brokering controls set out in Article 5(1) been extended in relation with Article 5(2)? |
BELGIUM |
NO |
BULGARIA |
YES |
CZECH REPUBLIC |
YES |
DENMARK |
NO |
GERMANY |
NO |
ESTONIA |
YES |
IRELAND |
YES |
GREECE |
YES |
SPAIN |
YES |
FRANCE |
NO |
CROATIA |
YES |
ITALY |
YES |
CYPRUS |
NO |
LATVIA |
YES |
LITHUANIA |
NO |
LUXEMBOURG |
YES |
HUNGARY |
YES |
MALTA |
NO |
NETHERLANDS |
YES |
AUSTRIA |
YES |
POLAND |
NO |
PORTUGAL |
NO |
ROMANIA |
YES |
SLOVENIA |
NO |
SLOVAKIA |
NO |
FINLAND |
YES |
SWEDEN |
NO |
UNITED KINGDOM |
NO |
2.1. Bulgaria
An authorisation shall be required for the brokering of dual-use items listed in Annex I of the Regulation, when the items are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(2) of the Regulation, and not listed in Annex I of the Regulation, when the items are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(1) of the Regulation.
(Article 34, par. 4 of the Defence-Related Products and Dual-Use Items and Technologies Export Control Act, State Gazette No. 26/29.03.2011, effective 30.06.2012).
2.2. Czech Republic
An authorisation shall be required for the brokering of dual-use items if the competent authority informs the broker that dual-use items not listed in Annex I of the Regulation are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(1) of the Regulation, or that dual-use items are or may be intended, in their entirety or in part, for military end-uses referred to in Article 4(2) of the Regulation.
(Paragraph 3 of Act No 594/2004 Coll. ‘Implementing the European Community Regime for the Control of Exports, Transfer, Brokering, and Transit of Dual-Use Items (as amended)).
2.3. Estonia
An authorisation shall be required for the brokering of dual-use items which have characteristics of strategic goods because of their end-use or end-user, public security or human rights consideration, although they have not been entered in the list of strategic goods.
(Paragraph 6 (7) of the Strategic Good Act).
2.4. Ireland
An authorisation shall be required for the brokering of dual-use items not listed in Annex I of the Regulation, when the items are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(1) of the Regulation and for dual-use items for military end-uses and destinations referred to in Article 4(2) of the Regulation,
(Sections 8 (a) and (b) of Statutory Instrument 443 of 2009, Control of Exports (Dual-Use Items) Order 2009, as amended).
2.5. Greece
An authorisation shall be required for the brokering of dual-use items, when the items are or may be intended, in their entirety or in part, for military end-uses and destinations referred to in Article 4(2) of the Regulation.
(Paragraph 3.2.3 of ‘Ministerial Decision No 121837/e3/21837/28-9-2009’).
2.6. Spain
An authorisation shall be required for the brokering of dual-use items not listed in Annex I of the regulation, when the items are or may be intended, in their entirety or in part, for any of the uses and destinations referred to in Article 4(1) and 4(2) of the Regulation.
(Article 2.3.a).6 and 2.3.b) of the Royal Decree 679/2014, of 1 August 2014 on the control of external trade in defence material, other material and dual-use goods and technologies).
2.7. Croatia
An authorisation shall be required for the brokering of dual-use items not listed in Annex I of the Regulation, if the competent authority informs the broker that dual-use items are or may be, in their entirety or in part, intended for any of the uses referred to in Article 4(1) and 4(2) of the Regulation.
(Act on Control of dual-use items (OG 80/11 i 68/2013)).
2.8. Italy
An authorisation shall be required for the brokering of dual-use items not listed in Annex I of the Regulation, when the items are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(1) or 4(2) of the Regulation;
(Article 9 of Legislative Decree n° 221/2017 of 15 December 2017, in force since 1 February 2018).
2.9. Latvia
In accordance with the Latvian Law on the Circulation of Strategic Goods, all brokering transactions for dual-use items are controlled, regardless of their use.
(Art 5 (7) of the Law on the Circulation of Strategic Goods of 21 June 2007)
2.10. Luxembourg
An authorisation shall be required for the brokering of dual-use items not listed in Annex I of the Regulation, when the items are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4 (1) of the Regulation, and for military end-uses and destinations as referred to in Article 4 (2) of the Regulation.
(Law of 27 June 2018 on export control, Article 42(1)).
2.11. Hungary
An authorisation shall be required for the brokering of dual-use items listed in Annex I of the Regulation, when the items are or may be intended for military end use and destinations referred to in Article 4(2) of the Regulation, and for dual use items not listed in Annex I of the Regulation, when the items are or may be intended for any of the uses referred to in Article 4(1) and (2) of the Regulation.
(Par. 17.1 of Government Decree No 13 of 2011 on ‘the foreign trade authorisation of dual-use items’).
2.12. Netherlands
An authorisation shall be required for the brokering of dual-use items not listed in Annex I of the Regulation, when the items are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(1) of the Regulation and for dual-use items, when the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2) of the Regulation.
(Strategic Services Act - Wet strategische diensten).
An authorisation shall also be required for the brokering of 37 chemical substances when the destination is Iraq, regardless of the specific consignee or end-user.
(Decree Goods for Dual-Use Iraq - Regeling goederen voor tweeërlei gebruik Irak).
2.13. Austria
An authorisation shall be required for the brokering of dual-use items if the competent authority notifies the broker that the items in question are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(1) and 4(2) of the Regulation.
(Article 15.1 of the Foreign Trade Act (Außenwirtschaftsgesetz 2011, BGBl. I Nr. 26/2011)).
2.14. Romania
An authorisation shall be required for the brokering of dual-use items not listed in Annex I of the Regulation if the items in question are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(1) and 4(2) of the Regulation.
(Article 14(2) of the Emergency Order No 119 of 23 December 2010 (GEO No 119/2010) on the ‘control regime for operations concerning dual-use items’).
2.15. Finland
An authorisation shall be required for the brokering of dual-use items listed in Annex I of the Regulation, if the broker has been notified by the competent authority that the items are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(2) of the Regulation, and for the brokering of dual-use items not listed in Annex I of the Regulation, if the broker has been notified by the competent authority that the items are or may be intended in their entirety or in part, for any of the uses referred to in Article 4(1) of that Regulation
(Paragraphs 3(2) and 4(1) of Law 562/1996).
3. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 5(3) OF THE REGULATION (EXTENSION OF BROKERING CONTROLS)
Article 5(3) in conjunction with Article 5(4) of the Regulation requires the Commission to publish measures taken by Member States imposing an authorisation requirement on the brokering of dual-use items, if the broker has grounds for suspecting that these items are or may be intended for any of the uses referred to in Article 4(1).
The table below provides an overview of the measures taken by Member States and that have been notified to the Commission. The detailed measures as notified to the Commission are set out immediately thereafter.
Member State |
Have brokering controls been extended in relation with Article 5(3)? |
BELGIUM |
NO |
BULGARIA |
YES |
CZECH REPUBLIC |
YES |
DENMARK |
NO |
GERMANY |
NO |
ESTONIA |
YES |
IRELAND |
YES |
GREECE |
YES |
SPAIN |
YES |
FRANCE |
NO |
CROATIA |
YES |
ITALY |
YES |
CYPRUS |
NO |
LATVIA |
YES |
LITHUANIA |
NO |
LUXEMBOURG |
YES |
HUNGARY |
YES |
MALTA |
NO |
NETHERLANDS |
YES |
AUSTRIA |
YES |
POLAND |
NO |
PORTUGAL |
NO |
ROMANIA |
YES |
SLOVENIA |
NO |
SLOVAKIA |
NO |
FINLAND |
YES |
SWEDEN |
NO |
UNITED KINGDOM |
NO |
3.1. Bulgaria
An authorisation shall be required for the brokering of dual-use items if the broker has grounds for suspecting that the items are or may be intended for any of the uses referred to in Article 4(1) of the Regulation.
(Article 47 of the Defence-Related Products and Dual-Use Items and Technologies Export Control Act (Promulgated, State Gazette No. 26/29.03.2011)).
3.2. Czech Republic
If a broker has grounds for suspecting that dual-use items are or may be intended for any of the uses referred to in Article 4(1) of the Regulation, the broker shall notify the competent authority, which may decide to impose an authorisation requirement.
(Par. 3(4) of the Act No 594/2004 Coll. ‘Implementing the European Community Regime for the Control of Exports, Transfer, Brokering, and Transit of Dual-Use Items’).
3.3. Estonia
If a broker has grounds for suspecting that dual-use items are or may be intended for any of the uses referred to in Article 4(1) of the Regulation, the broker shall notify the Strategic Goods Commission (SGC), police authorities or security authorities immediately thereof. After such notification, the SGC may decide to impose an authorisation requirement.
(Par. 77 of the Strategic Goods Act).
3.4. Ireland
An authorisation shall be required for the brokering of dual-use items if the broker has grounds for suspecting that the items are or may be intended for any of the uses referred to in Article 4(1) of the Regulation.
(Section 9 of Statutory Instrument 443 of 2009, Control of Exports (Dual-Use Items) Order 2009).
3.5. Greece
An authorisation shall be required for the brokering of dual-use items if the broker has grounds for suspecting that the items are or may be intended for any of the uses referred to in Article 4(1) of the Regulation.
(Par. 3.2.2 of the Ministerial Decision No 121837/e3/21837/28-9-2009).
3.6. Spain
If a broker has grounds for suspecting that the dual-use items not listed in Annex I of the Regulation, for which he proposes brokering services, are or may be intended, in their entirety or in part, for any of the uses and destinations referred to in Article 4(1) and 4(2), he must notify the competent authority, which will decide whether or not such brokering services are subject to authorisation.
(Article 2.3.c) of the Royal Decree 679/2014, of 1 August 2014 on the control of external trade in defence material, other material and dual-use goods and technologies).
3.7. Croatia
If a broker has grounds for suspecting that dual-use items not listed in Annex I of the Regulation, are or may be intended for any of the uses referred to in Article 4(1) and 4(2) of the Regulation, the broker shall notify the competent authority, which may decide to impose an authorisation requirement.
(Par. 3 of the Act on Control of dual-use items (OG 80/11 i 68/2013)).
3.8. Italy
An authorisation shall be required for the brokering of dual-use items not listed in Annex I of the Regulation if the broker has grounds for suspecting that the items are or may be intended for any of the uses referred to in Article 4(1) of the Regulation.
(Article 9 of Legislative Decree n° 221/2017 of 15 December 2017, in force since 1 February 2018).
3.9. Latvia
In accordance with the Latvian Law on the Circulation of Strategic Goods, all brokering transactions for dual-use items are controlled regardless of their use.
(Art 5 (7) of the Law on the Circulation of Strategic Goods of 21 June 2007)
3.10. Luxembourg
An authorisation shall be required for the brokering of dual-use items not listed in Annex I of the Regulation if the broker has grounds for suspecting that the items are or may be intended for any of the uses referred to in Article 4(1) of the Regulation.
(Law of 27 June 2018 on export control, Article 42(2)).
3.11. Hungary
An authorisation shall be required for the brokering of dual-use items if the broker has grounds for suspecting that the items are or may be intended for any of the uses referred to in Article 4(1) of the Regulation.
(Par. 17 (2) of Government Decree No 13 of 2011 ‘on the foreign trade authorisation of dual-use items).
3.12. Netherlands
An authorisation shall be required for the brokering of listed dual-use items when the items are or may be intended for any of the uses referred to in Article 4(1) of the Regulation.
(Article 4a(5) of the Strategic Services Act - Wet strategische diensten).
3.13. Austria
If a broker has grounds for suspecting that dual-use items, are or may be intended for any of the uses referred to in Article 4(1) of the Regulation, the broker shall notify the competent authority, which may decide to impose an authorisation requirement.
(Article 5 of the 2011 First Foreign Trade Regulation (Erste Außenwirtschaftsverordnung 2011), BGBl. II Nr. 343/2011, published on 28 October 2011).
3.14. Romania
An authorisation shall be required for the brokering of dual-use items if the broker has grounds for suspecting that the items are or may be intended for any of the uses referred to in Article 4(1) of the Regulation.
(Par. 3 of Article 14 of the Emergency Order No 119 of 23 December 2010 (GEO No 119/2010) on the control regime for operations concerning dual-use items).
3.15. Finland
If a broker has grounds for suspecting that dual-use items are or may be intended for any of the uses referred to in Article 4(1) of the Regulation, the broker shall notify the competent authority, which may decide to impose an authorisation requirement.
(Par.3.2, 4.4 of law 562/1996).
4. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 6(2) OF THE REGULATION (EXTENSION OF TRANSIT CONTROLS)
Article 6(2) in conjunction with Article 6(4) of the Regulation requires the Commission to publish measures taken by Member States empowering their competent authorities to impose in individual cases an authorisation requirement for the specific transit of dual-use items listed in Annex I if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The table below provides an overview of the measures taken by Member States, as notified to the Commission. Details on the measures are provided thereafter.
Member State |
Have the transit control provisions of Article 6(1) been extended in relation with Article 6(2)? |
BELGIUM |
Partly YES |
BULGARIA |
YES |
CZECH REPUBLIC |
NO |
DENMARK |
NO |
GERMANY |
YES |
ESTONIA |
YES |
IRELAND |
YES |
GREECE |
YES |
SPAIN |
NO |
FRANCE |
NO |
CROATIA |
YES |
ITALY |
YES |
CYPRUS |
NO |
LATVIA |
NO |
LITHUANIA |
NO |
LUXEMBOURG |
YES |
HUNGARY |
YES |
MALTA |
NO |
NETHERLANDS |
NO |
AUSTRIA |
YES |
POLAND |
NO |
PORTUGAL |
NO |
ROMANIA |
YES |
SLOVENIA |
NO |
SLOVAKIA |
NO |
FINLAND |
YES |
SWEDEN |
NO |
UNITED KINGDOM |
YES |
4.1. Belgium
An authorisation for transit of listed dual-use items may be required, in the Flemish Region and the Walloon Region, when the authority informs the intermediary or when the intermediary has reasonable grounds to suspect that the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1) of the Regulation.
(Article 6 and 7 of the Flemish Government Decree of 14 March 2014 regulating export, transit and transfer of dual-use and the delivery of technical assistance (Belgian Official Gazette of 02.05.2014); Article 5 and 6 of the Walloon Government Decree of 6 February 2014 regulating export, transit and transfer of dual-use items and technology (Belgian Official Gazette of 19.02.2014)).
4.2. Bulgaria
An authorisation for transit of listed dual-use items may be required when the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1) of the Regulation.
(Articles 48-50 of the ‘Defence-Related Products and Dual-Use Items and Technologies Export Control Act’, State Gazette No. 26/29.03.2011).
4.3. Germany
An authorisation for transit of listed dual-use items may be required when the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1) of the Regulation.
(Section 44 of the German Foreign Trade and Payments Regulation - Aussenwirtschaftsverordnung — AWV).
4.4. Estonia
An authorisation for transit of listed dual-use items may be required when the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1) of the Regulation.
(Par. 3, 6 and 7 of the Strategic Goods Act (SGA)).
4.5. Ireland
An authorisation for transit of listed dual-use items may be required when the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1) of the Regulation.
(Section 10 of Statutory Instrument 443 of 2009, Control of Exports (Dual-Use Items) Order 2009).
4.6. Greece
An authorisation for transit of listed dual-use items may be required when the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1) of the Regulation.
(Par. 3.3.2 of the Ministerial Decision No 121837/e3/21837/28-9-2009).
4.7. Croatia
An authorisation for transit of listed dual-use items - also called Special Transit Licence - may be required when the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1) of the Regulation.
(Act on Control of dual-use items (OG 80/11 i 68/2013).
4.8. Italy
An authorisation for transit of listed dual-use items may be required when the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1) and (2) of the Regulation.
(Article 7 of Legislative Decree n° 221/2017 of 15 December 2017, in force since 1 February 2018).
4.9. Luxembourg
An authorisation for transit of listed dual-use items may be required when the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1) of the Regulation.
(Law of 27 June 2018 on export control, Article 43(1))
4.10. Hungary
An authorisation for transit of listed dual-use items may be required when the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1) of the Regulation.
(Par.18 of Government Decree No 13 of 2011 on the foreign trade authorisation of dual-use items).
4.11. Austria
An authorisation for transit of listed dual-use items may be required when the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1) of the Regulation.
(Article 15 of the 2011 Foreign Trade Act - Außenwirtschaftsgesetz 2011, BGBl. I Nr. 26/2011).
4.12. Romania
An authorisation for transit of listed dual-use items may be required when the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1) of the Regulation.
(Par. 1 of Article 15 of the Emergency Order No 119 of 23 December 2010 (GEO No 119/2010) ‘on the control regime for operations concerning dual-use items’).
4.13. Finland
An authorisation for transit of listed dual-use items may be required when the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1) of the Regulation.
(Par.3.3 of law 562/1996).
4.14. United Kingdom
An authorisation for transit of listed dual-use items may be required when the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1) of the Regulation.
(Article 8(1), 17 and 26 of the Export Control Order 2008, as amended by The Export Control (Amendment) (No 3) Order 2009 (S.I. 2009/2151)).
5. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 6(3) OF THE REGULATION (EXTENSION OF TRANSIT CONTROLS)
Article 6(3) in conjunction with Article 6(4) of the Regulation requires the Commission to publish measures taken by Member States extending the application of Article 6(1) to non-listed dual-use items for uses referred to in Article 4(1) and to dual-use items for military end use and destinations referred to in Article 4(2).
The table below provides an overview of the measures taken by Member States, as notified to the Commission. Details on the measures are provided thereafter.
Member State |
Have the transit control provisions set out in Article 6(1) been extended in relation with Article 6(3)? |
BELGIUM |
Partly YES |
BULGARIA |
NO |
CZECH REPUBLIC |
YES |
DENMARK |
NO |
GERMANY |
NO |
ESTONIA |
YES |
IRELAND |
YES |
GREECE |
YES |
SPAIN |
YES |
FRANCE |
NO |
CROATIA |
YES |
ITALY |
YES |
CYPRUS |
YES |
LATVIA |
NO |
LITHUANIA |
NO |
LUXEMBOURG |
YES |
HUNGARY |
YES |
MALTA |
NO |
NETHERLANDS |
YES |
AUSTRIA |
YES |
POLAND |
NO |
PORTUGAL |
NO |
ROMANIA |
YES |
SLOVENIA |
NO |
SLOVAKIA |
NO |
FINLAND |
YES |
SWEDEN |
NO |
UNITED KINGDOM |
YES |
5.1. Belgium
The transit of non-Union non-listed dual-use items may be prohibited by the competent authorities, in the Flemish Region and the Walloon Region, if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The transit of non-Union dual-use items may be prohibited by the competent authorities, in the Flemish Region and the Walloon Region, if the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2).
(Article 6 and 7 of the Flemish Government Decree of 14 March 2014 regulating export, transit and transfer of dual-use items and the delivery of technical assistance (Belgian Official Gazette of 02.05.2014); Article 5 and 6 of the Walloon Government Decree of 6 February 2014 regulating export, transit and transfer of dual-use items and technology (Belgian Official Gazette of 19.02.2014).
5.2. Czech Republic
The transit of non-Union non-listed dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The transit of non-Union dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2).
(Par. 13b of the Act No 594/2004 Coll. ‘Implementing the European Community Regime for the Control of Exports, Transfer, Brokering, and Transit of Dual-Use Items' (1)).
5.3. Estonia
The transit of non-Union non-listed dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The transit of non-Union dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2).
(Par. 3, 6 and 7 of the Strategic Goods Act (SGA)).
5.4. Ireland
The transit of non-Union non-listed dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The transit of non-Union dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2).
(Section 11 of Statutory Instrument 443 of 2009, Control of Exports (Dual-Use Items) Order 2009).
5.5. Greece
The transit of non-Union non-listed dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The transit of non-Union dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2).
(Par. 3.3.3. of the Ministerial Decision No 121837/e3/21837/28-9-2009).
5.6. Spain
The transit of non-Union non-listed dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The transit of non-Union dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2).
(Article 11 of Act 53/2007).
5.7. Croatia
The transit of non-Union non-listed dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The transit of non-Union dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2).
(Act on Control of dual-use items (OG 80/11 i 68/2013)).
5.8. Italy
The transit of non-Union non-listed dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The transit of non-Union dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2).
(Article 7 of Legislative Decree n° 221/2017 of 15 December 2017, in force since 1 February 2018).
5.9. Cyprus
The transit of non-Union non-listed dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The transit of non-Union dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2).
(Article 5(3) of Ministerial Order 312/2009).
5.10. Luxembourg
The transit of non-Union non-listed dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The transit of non-Union dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2).
(Law of 27 June 2018 on export control, Article 43 (2))
These provisions shall not apply to the transit of dual-use goods dispatched without transhipment or change of means of transport (no transhipment or change of conveyance shall be deemed to be the discharge, for the purpose of securing the cargo, of goods in a ship or aircraft, provided that such goods are re-embarked on the same ship or aircraft), and to the transit of dual-use items for which there is already a general export authorization from the European Union.
(Law of 27 June 2018 on export control, Article 43 (3)).
5.11. Hungary
The transit of non-Union non-listed dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The transit of non-Union dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2).
(Par. 18 of the Government Decree No 13 of 2011 ‘on foreign trade authorisation of dual-use items’).
5.12. The Netherlands
The transit of non-Union non-listed dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The transit of non-Union dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2).
(Article 4a(1) and (2) of the Decree for Strategic Goods - Besluit strategische goederen).
5.13. Austria
The transit of non-Union non-listed dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The transit of non-Union dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2).
(Article 15 of the 2011 Foreign Trade Act (Außenwirtschaftsgesetz 2011, BGBl. I Nr. 26/2011).
5.14. Romania
The transit of non-Union non-listed dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The transit of non-Union dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2).
(Article 15(2) of the Emergency Order No 119 of 23 December 2010 (GEO No 119/2010).
5.15. Finland
The transit of non-Union non-listed dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The transit of non-Union dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2).
(Par. 3.3 and 4.1 of law 562/1996)
5.16. United Kingdom
The transit of non-Union non-listed dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
The transit of non-Union dual-use items may be prohibited by the competent authority if the items are or may be intended, in their entirety or in part, for military end use and destinations referred to in Article 4(2).
(Article 8(2), 17(3) and 26 of The Export Control Order 2008, as amended by the Export Control (Amendment) (No 3) Order 2009 (S.I.2009/2151)).
6. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 8 OF THE REGULATION (EXTENSION OF CONTROLS TO NON-LISTED ITEMS FOR REASONS OF PUBLIC SECURITY OR HUMAN RIGHTS CONSIDERATIONS)
Article 8(4) of the Regulation requires the Commission to publish measures taken by Member States prohibiting or imposing an authorisation requirement on the export of dual-use items not listed in Annex I for reasons of public security or human rights considerations.
The table below provides an overview of the measures taken by Member States, as notified to the Commission. Details on the measures are provided thereafter.
Member State |
Have additional controls been implemented concerning non-listed goods for reasons of public security or human rights considerations in relation with Article 8(1)? |
BELGIUM |
NO |
BULGARIA |
YES |
CZECH REPUBLIC |
YES |
DENMARK |
NO |
GERMANY |
YES |
ESTONIA |
YES |
IRELAND |
YES |
GREECE |
NO |
SPAIN |
NO |
FRANCE |
YES |
CROATIA |
NO |
ITALY |
NO |
CYPRUS |
YES |
LATVIA |
YES |
LITHUANIA |
NO |
LUXEMBOURG |
YES |
HUNGARY |
NO |
MALTA |
NO |
NETHERLANDS |
YES |
AUSTRIA |
YES |
POLAND |
NO |
PORTUGAL |
NO |
ROMANIA |
YES |
SLOVENIA |
NO |
SLOVAKIA |
NO |
FINLAND |
NO |
SWEDEN |
NO |
UNITED KINGDOM |
YES |
6.1. Bulgaria
The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited, by an act of the Council of Ministers, for reasons of public security or human rights considerations.
(Article 34(1), рar. 3 of the Defence-Related Products and Dual-Use Items and Technologies Export Control Act, State Gazette No. 26/29.03.2011).
6.2. Czech Republic
The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited, by Government Order, for reasons of public security or human rights considerations.
(Par. 3(1)(d) of the Act No 594/2004 Coll).
6.3. Germany
The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited for reasons of public security or human rights consideration.
(Section 8 (1) Nr. 2 of the Foreign Trade and Payments Regulation (Aussenwirtschaftsverordnung - AWV)).
This national measure applies to the following items on the German Export Control List:
– 2B909 |
Flow forming machines and machines with combined flow forming and spin-forming functions, other than those controlled by 2B009, 2B109 or 2B209 in the framework of Council Regulation (EC) No 428/2009 as amended, having all of the following characteristics, and specially designed components therefor:
|
– 2B952 |
Equipment capable of use in handling biological substances, other than that controlled by 2B352 in the framework of Council Regulation (EC) No 428/2009 as amended, if the purchasing country or country of destination is Iran, North Korea or Syria:
|
– 2B993 |
Equipment for the deposition of metallic overlays for non-electronic substrates as follows, and specially designed components and accessories therefor, if the purchasing country or country of destination is Iran:
|
– 5A902 |
Surveillance systems, equipment and components for ICT (Information and Communication Technology) for public networks, where the destination lies outside the customs territory of the European Union and outside the areas listed in Annex IIa Part 2 of Regulation (EC) No 428/2009, as follows:
|
– 5A911 |
Base stations for digital 'trunked radio' if the purchasing country or country of destination is Sudan or South Sudan. Technical note: Trunked radio' is a cellular radio communications procedure with mobile subscribers who are assigned frequency trunks for communication. Digital 'trunked radio' (e.g. TETRA, terrestrial trunked radio) uses digital modulation. |
– 5D902 |
'Software', where the destination lies outside the customs territory of the European Union and outside the areas listed in Annex IIa Part 2 of Regulation (EC) No 428/2009, as follows:
|
– 5D911 |
'Software' specially designed or modified for the 'use' of equipment, which is controlled by item 5 A911, if the purchasing country or country of destination is Sudan or South Sudan. |
– 5E902 |
'Technology' according to the General Technology Note for the 'development', 'production' and 'use' of installations, functions or performance characteristics controlled by entry 5A902, or 'software' controlled by entry 5D902, where the destination lies outside the customs territory of the European Union and outside the areas listed in Annex IIa Part 2 of Regulation (EC) No 428/2009. |
– 6A908 |
Radar-based navigation or surveillance systems for vessel or airborne traffic control, not controlled by items 6A008 or 6A108 in the framework of Council Regulation (EC) No 428/2009 as amended, and specially designed components therefor, if the purchasing country or country of destination is Iran. |
– 6D908 |
'Software', specially developed or modified for the 'development', 'production' or 'use' of the equipment controlled by 6A908, if the purchasing country or country of destination is Iran. |
– 9A991 |
Ground vehicles not covered by Part I A of the Export Control List, as follows:
|
– 9A992 |
Trucks, as follows:
|
– 9A993 |
Helicopters, helicopter power transfer systems, gas turbine engines and auxiliary power units (APUs) for use in helicopters, and specially designed components therefor, if the purchasing country or country of destination is Cuba, Iran, Libya, Myanmar, North Korea, Somalia or Syria. |
– 9A994 |
Air-cooled power units (aero-engines) with a cubic capacity of 100 cm3 or more and 600 cm3 or less, capable of use in unmanned 'air vehicles', and specially designed components therefor, if the purchasing country or country of destination is Iran. |
– 9E991 |
'Technology' according to the General Technology Note for the 'development' or 'production' of equipment controlled by 9A993, if the purchasing country or country of destination is Cuba, Iran, Libya, Myanmar, North Korea, or Syria. |
– 9E992 |
‘Technology’ according to the General Technology Note, other than controlled by 9E101b in the framework of Council Regulation (EC) No 428/2009 as amended, for the ‘production’ of ‘unmanned aerial vehicles’ (‘UAVs’), if the destination is outside the customs territory of the European Union and outside the areas listed in Annex IIa Part 2 of Council Regulation (EC) No 428/2009. |
The export authorisation requirement under Section 5(d) AWV for non-listed goods continues to apply in section 9 AWV.
Under Section 6 of the Foreign Trade and Payments Act (Aussenwirtschaftsgesetz - AWG), transactions, legal transactions and actions can be restricted, or obligations to act can be imposed by administrative act, in order to avert a danger pertaining in an individual case to the interests e.g. the essential security interests of the Federal Republic of Germany, the peaceful coexistence of nations, the foreign relations of the Federal Republic of Germany, the public order or security of the Federal Republic of Germany.
6.4. Estonia
The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited, by decision of the Strategic Goods Commission, for reasons of public security or human rights considerations.
(Par. 2 (11) and 6 (2) of the Strategic Goods Act).
6.5. Ireland
The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited for reasons of public security or human rights considerations.
(Section 12(2) of Statutory Instrument 443 of 2009, Control of Exports (Dual-Use Items) Order 2009, as amended).
6.6. France
The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited for reasons of public security or human rights considerations. (Decree No 2010-292).
National controls on exports of dual-use items have been adopted, as set out in following orders: Ministerial Order of 31 July 2014 concerning the export of certain helicopters and their spare parts to third countries (Published in the French Official Gazette of 8 August 2014) and Ministerial Order of 31 July 2014 on the export of tear gas and riot control agents to third countries (Published in the French Official Gazette of 8 August 2014).
6.7. Cyprus
The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited by the Ministry of Energy, Commerce, Industry and Tourism for reasons of public security or human rights considerations.
(Articles 5(3) and 10(c) of Ministerial Order 312/2009).
6.8. Latvia
The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited by the Control Committee for Strategic Goods for reasons of public security or human rights considerations.
(Regulation of the Cabinet of Ministers No 645 of 25 September 2007 - 'Regulation on the National List of Strategic Goods and Services' - issued in accordance with the 'Law on the Handling of Strategic Goods', Article 3, Part One).
National controls on exports of dual-use items apply to the National List of Strategic Goods and Services (Annex to Regulation No 645), available at the following website:
https://likumi.lv/doc.php?id=163892.
6.9. Luxembourg
The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited for reasons of public security or human rights considerations.
The exporter who knows or suspects that such export or these products affect or are likely to affect the national or foreign security of the country of the Grand Duchy of Luxembourg or the safeguarding of human rights, shall inform the Ministers responsible for Foreign Trade and Foreign Affairs who inform the exporter or his authorized representative of the need or not to request the authorization.
(Law of 27 June 2018, Article 45 (2)).
6.10. The Netherlands
The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited by the Minister of Foreign Affairs for reasons of public security or human rights considerations.
(Article 4 of the Decree for Strategic Goods - Besluit strategische goederen).
National controls for the export of items for internal repression and brokering services to Syria and for the export of items for internal repression to Egypt and Ukraine have been adopted.
(Decree Goods for Dual-Use - Regeling goederen voor tweeërlei gebruik).
Authorisation requirements have been imposed for the export of 37 chemical substances to Iraq, regardless of the specific consignee or end-user.
(Decree Goods for Dual-Use Iraq – Regeling goederen voor tweeërlei gebruik Irak).
6.11. Austria
The export or transit of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited for reasons of public security or human rights considerations.
(Article 20 of the 2011 Foreign Trade Act (Außenwirtschaftsgesetz 2011, BGBl. I Nr. 26/2011)).
6.12. Romania
The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited for reasons of public security or human rights considerations.
(Article 7 of the Emergency Order No 119 of 23 December 2010 (GEO No 119/2010) on the control regime for operations concerning dual-use items).
6.13. United Kingdom
The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited for reasons of public security or human rights considerations.
(Export Control Order 2008).
The list of UK controlled dual-use items is set out in Schedule 3 of the Export Control Order 2008 (S.I. 2008/3231) as amended by the Export Control (Amendment) (No 2) Order 2010 (S.I. 2010/2007) and by The Export Control (Amendement) (No. 2) Order 2019 (S.I. 2019/1159), as follows:
|
SCHEDULE 3 Schedule referred to in Articles 2 and 4 of the Export Control Order 2008 UK CONTROLLED DUAL-USE GOODS, SOFTWARE AND TECHNOLOGY |
Note: In this Schedule, defined terms are printed in quotation marks.
Definitions
In this Schedule:
'development' means all stages prior to 'production' (e.g. design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into goods, configuration design, integration design, layouts);
'energetic materials' means substances or mixtures that react chemically to release energy required for their intended application; 'explosives', 'pyrotechnics' and 'propellants' are subclasses of energetic materials;
'explosive signatures' are features which are characteristic of explosives in any form prior to their initiation, as detected using technology including, but not limited to, ion mobility spectrometry, chemiluminescence, fluorescence, nuclear, acoustic or electromagnetic techniques;
'explosives' means solid, liquid or gaseous substances or mixtures of substances which, in their application as primary, booster, or main charges in warheads, demolition and other applications, are required to detonate;
'improvised explosive devices' means devices fabricated or intended to be placed in an improvised manner incorporating destructive, lethal, noxious, 'pyrotechnic' or incendiary chemicals designed to destroy, disfigure or harass; they may incorporate military stores, but are normally devised from non-military components;
'lighter-than-air vehicles' means balloons and airships that rely on hot air or on lighter-than-air gases such as helium or hydrogen for their lift;
'previously separated' means the application of any process intended to increase the concentration of the controlled isotope;
'production' means all production stages (e.g. product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance);
'propellants' means substances or mixtures that react chemically to produce large volumes of hot gases at controlled rates to perform mechanical work;
'pyrotechnic(s)' means mixtures of solid or liquid fuels and oxidisers which, when ignited, undergo an energetic chemical reaction at a controlled rate intended to produce specific time delays, or quantities of heat, noise, smoke, visible light or infrared radiation; pyrophorics are a subclass of pyrotechnics, which contain no oxidisers but ignite spontaneously on contact with air;
'required' as applied to 'technology', refers to only that portion of 'technology' which is peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics or functions. Such 'required' 'technology' may be shared by different goods and the intended use of 'technology' is irrelevant to whether it is 'required';
'technology' means specific 'information' necessary for the 'development', 'production' or 'use' of goods or 'software';
Technical Note:
'Information' may take forms including, but not limited to: blueprints, plans, diagrams, models, formulae, tables, 'source code', engineering designs and specifications, manuals and instructions written or recorded on other media or devices (e.g. disk, tape, read-only memories);
'source code' (or source language) is a convenient expression of one or more processes which may be turned by a programming system into equipment executable form.
'use' means operation, installation (e.g. on-site installation), maintenance, checking, repair, overhaul and refurbishing;
'vaccines' are medicinal products in a pharmaceutical formulation licensed by, or having marketing or clinical trial authorisation from, the regulatory authorities of either the country of manufacture or of use, which is intended to stimulate a protective immunological response in humans or animals in order to prevent disease in those to whom or to which it is administered.
Explosive-related goods and technology
PL8001 |
The export or 'transfer by electronic means' of the following goods or 'technology' is prohibited to any destination outside all of the following: 'the customs territory', Australia, New Zealand, Canada, Norway, Switzerland, United States of America and Japan:
|
Materials, chemicals, micro-organisms and toxins
PL9002 |
The export of the following goods is prohibited to any destination: 'Energetic materials', as follows, and mixtures containing one or more thereof:
Note: PL9002 does not control single, double and triple base 'propellants'. |
PL9003 |
The export of the following goods is prohibited to any destination: 'Vaccines' for protection against:
|
PL9004 |
The export of the following goods is prohibited to any destination: 'Previously separated' americium-241, -242m or -243 in any form. Note: PL9004 does not control goods with an amerícium content of 10 grams or less. |
Telecommunications and related technology
PL9005 |
The export or 'transfer by electronic means' of the following goods or 'technology' is prohibited to any destinations in Iran:
NB: See Article 18 of this Order (Export Control Order 2008) for exceptions from the controls on 'technology'. |
Detection equipment
PL9006 |
The export of 'electro-statically powered' equipment for detecting 'explosives', other than detection equipment specified in Schedule 2, PL8001.a.1 or in 1A004.d. in Annex I to 'the dual-use Regulation', is prohibited to any destination in Afghanistan or Iraq. Technical Note: 'Electro-statically powered' means using electro-statically generated charge. |
Vessels and related software and technology
PL9008 |
The export or 'transfer by electronic means' of the following goods, 'software' or 'technology', is prohibited to any destination in Iran:
|
Aircraft and related technology
PL9009 |
The export or 'transfer by electronic means' of the following goods or 'technology' is prohibited to any destination in Iran:
|
Firearms
N.B. Military firearms and ammunition are controlled in ML1, ML2 and ML3 in Schedule 2.
PL9010 |
Where the “Firearm Regulation” does not apply, the export of “firearms”, their “parts” and “essential components” and “ammunition”, as follows, is prohibited to any destination outside the European Union: N.B.: See also the “Firearm Regulation” for the export of “firearms” to non-EU Member States.
Note: PL9010.a. includes pre-1938 “firearms”, post 1937 smooth-bore “firearms” that are not fully automatic or specially designed for military use and post 1937 “firearms” using non-centre fire (e.g. rimfire) cased “ammunition” and which are not of the fully automatic firing type.
|
PL9011 |
Where the “Firearm Regulation” does not apply, the export of “firearms”, devices, “essential components”, sound suppressors or moderators and “ammunition”, as follows, is prohibited to any destination inside the European Union: N.B.: See also the Firearm Regulation and PL9010 for exports of “firearms” to non-EU Member States.
Note: PL9011.a. includes pre-1938 “firearms”, post 1937 smooth-bore “firearms” that are not fully automatic or specially designed for military use and post 1937 “firearms” using non-centre fire (e.g. rimfire) cased “ammunition” and which are not of the fully automatic firing type.
|
Submersible Vessels and related goods, software and technology
PL9012 |
The export or “transfer by electronic means” of the following goods, “software” or “technology” is prohibited to any destination in Russia:
Technical Note: ‘Submersible vehicles’ include manned, unmanned, tethered or untethered vehicles.”. |
7. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 9(4)(B) OF THE REGULATION (NATIONAL GENERAL EXPORT AUTHORISATIONS)
Article 9(4)(b) of the Regulation requires the Commission to publish measures taken by Member States with regard to any national general export authorisations issued or modified.
The table below provides an overview of the measures taken by Member States, as notified to the Commission. Details on the measures are provided thereafter.
Member State |
Has your Member State issued or modified any national general export authorisation in relation with Article 9? |
BELGIUM |
NO |
BULGARIA |
NO |
CZECH REPUBLIC |
NO |
DENMARK |
NO |
GERMANY |
YES |
ESTONIA |
NO |
IRELAND |
NO |
GREECE |
YES |
SPAIN |
NO |
FRANCE |
YES |
CROATIA |
YES (but NOT in use) |
ITALY |
YES |
CYPRUS |
NO |
LATVIA |
NO |
LITHUANIA |
NO |
LUXEMBOURG |
NO |
HUNGARY |
NO |
MALTA |
NO |
NETHERLANDS |
YES |
AUSTRIA |
YES |
POLAND |
NO |
PORTUGAL |
NO |
ROMANIA |
NO |
SLOVENIA |
NO |
SLOVAKIA |
NO |
FINLAND |
YES (but NOT in use) |
SWEDEN |
NO |
UNITED KINGDOM |
YES |
7.1. Germany
There are five National General Export Authorisations in force in Germany:
1 |
General Authorisation No 12 for the export of certain dual-use goods below a certain value threshold; |
2 |
General Authorisation No 13 for the export of certain dual-use goods in certain circumstances; |
3 |
General Authorisation No 14 for valves and pumps; |
4 |
General Authorisation No 16 for telecommunications and data security; |
5 |
General Authorisation No 17 for frequency changers. |
7.2. Greece
A National General Export Authorisation applies for export of certain dual-use items to the following destinations: Argentina, Croatia, Republic of Korea, Russian Federation, Ukraine, Turkey and South Africa.
(Ministerial Decision No 125263/e3/25263/6-2-2007).
7.3. France
There are seven National General Export Authorisations in force in France:
1 |
National General Export Authorisation for industrial goods, as defined in the decree of 18 July 2002 concerning the export of industrial goods subject to strategic control in the European Community [as published in the Official Journal of the French Republic No 176 of 30 July 2002 (text 11) and as amended by the decree of 21 June 2004 concerning the enlargement of the European Union as published in the Official Journal of the French Republic of 31 July 2004 (text 5)]; |
2 |
National General Export Authorisation for chemical products, as defined in the decree of 18 July 2002 concerning the export of dual-use chemical products [as published in the Official Journal of the French Republic No 176 of 30 July 2002 (text 12) and as amended by the decree of 21 June 2004 concerning the enlargement of the European Union as published in the Official Journal of the French Republic of 31 July 2004 (text 6)]; |
3 |
National General Export Authorisation for graphite, as defined in the decree of 18 July 2002 concerning the export of nuclear quality graphite [as published in the Official Journal of the French Republic No 176 of 30 July 2002 (text 13) and as amended by the decree of 21 June 2004 concerning the enlargement of the European Union as published in the Official Journal of the French Republic of 31 July 2004 (text 7)]; |
4 |
National General Export Authorisation for biological products, as defined in the decree of 14 May 2007 and amended by the decree of 18 march 2010 concerning the export of certain genetic elements and genetically modified organisms [as published in the Official Journal of the French Republic of 20 march 2010]; |
5 |
National General Export Authorisation for certain dual-use items for French armed forces in third countries (Ministerial Order of 31 July 2014, published in the French Official Gazette of 8 August 2014); |
6 |
National General Authorisation for the export or transfer within the EU of certain dual-use items for exhibition or fair (Ministerial Order of 31 July 2014 published in the French Official Gazette of 8 August 2014). |
7 |
National General Authorization for the export of dual-use items for the repair of civil aircraft, also named National General Authorization for “aeronautical equipment” (Ministerial Order of 14 January 2019 published in the Official Journal of the French Republic of 18 January 2019 (text 19). |
The specific items covered by the authorisations are set out in the relevant decrees.
7.4. Croatia
A National General Export Authorisation for the export of dual-use items in accordance with Article 9(4) of the Regulation may be issued by the Ministry of Foreign and European Affairs (Act on Control of Dual-Use Items (OG 80/11 i 68/2013)).
7.5. Italy
A National General Export Authorisation applies for export of certain dual-use items to the following destinations: Antarctica (Italian bases), Argentina, Republic of Korea, Turkey.
(Decree of 4 August 2003 published in the Official Journal No 202 of 1 September 2003).
7.6. The Netherlands
There are two National General Export Authorisations in force in the Netherlands:
1 |
A National General Export Authorisation applies for export of certain dual-use items to all destinations, with the exception of:
(National General Authorisation NL002 - Nationale Algemene Uitvoervergunning NL002) |
||||
2 |
A National General Export Authorisation for the export of items for information security to all destinations, with the exception of:
(National General Authorisation NL010 – Nationale Uitvoervergunningen NL 010 (items voor informatiebeveiliging)) |
7.7. Austria
There are four National General Export Authorisations in force in Austria:
1 |
AT001 for certain dual use items where they are re-exported to the originating country without modification, or where items of the same quantity and quality are exported to the originating country, or where technology is re-exported with minor additions, all within three months after their import into the European Union; |
2 |
AT002 for the export of certain dual-use goods below a certain value threshold; |
3 |
AT003 for valves and pumps specified in entries 2B350g and 2B350i to certain destinations; |
4 |
AT004 for frequency changers specified in entry 3A225 and related software and technology. |
The details of these authorisations are set out in Articles 3 through 3c of the First Foreign Trade Ordinance, BGBl. II No 343/2011 of 28 October 2011 as amended by Ordinance BGBl. II No 430/2015 of 17 December 2015. The conditions for their use (registration and notification requirements) can be found in Article 16 of the same Ordinance.
7.8. Finland
A National General Export Authorisation for the export of dual-use items in accordance with Article 9(4) of the Regulation may be issued by the Ministry of Foreign Affairs pursuant to Section 3, Paragraph 1 of Dual Use Act No. 562/1996 (as amended).
7.9. United Kingdom
There are fifteen National General Authorisations (OGELs) in force in the United Kingdom:
1 |
OGEL (Chemicals) |
2 |
OGEL (Cryptographic Development) |
3 |
OGEL (Export After Exhibition Dual-Use Items |
4 |
OGEL (Export After Repair/Replacement Under Warranty: Dual-Use Items) |
5 |
OGEL ( Export For Repair/Replacement Under Warranty: Dual-Use Items) |
6 |
OGEL (Dual-Use Items: Hong Kong Special Administrative Region) |
7 |
OGEL (Low Value Shipments) |
8 |
OGEL ( OIL and GAS Exploration Dual-Items) |
9 |
OGEL ( Technology for Dual-Use Items) |
10 |
OGEL (Turkey) |
11 |
OGEL (X) |
12 |
OGEL (Military and Dual-Use Goods: UK forces deployed in embargoed destinations) |
13 |
OGEL (Military and Dual-Use Goods: UK forces deployed in non-embargoed destinations) |
14 |
OGEL (Exports of Non-Lethal Military and Dual-Use goods: To Diplomatic Missions or Consular Posts) |
15 |
OGEL (Information Security Items) |
16 |
OGEL (PCB’s and Components for Dual-Use Items) |
All UK National General Authorisations for dual-use items, including the lists of permitted items and destinations and the terms and conditions attached to each, are available to view and download from https://www.gov.uk/dual-use-open-general-export-licences-explained .
8. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLES 9(6)(A), 9(6)(B) and 10(4) OF THE REGULATION (NATIONAL AUTHORITIES EMPOWERED TO GRANT EXPORT LICENCES IN THE MEMBER STATES NATIONAL AUTHORITIES EMPOWERED TO PROHIBIT THE TRANSIT OF NON¬COMMUNITY DUAL-USE ITEMS AND NATIONAL AUTHORITIES EMPOWERED TO GRANT AUTHORISATIONS FOR THE PROVISION OF BROKERING SERVICES – RESPECTIVELY)
Article 9(6)(a) of the Regulation requires the Commission to publish the list of authorities empowered to grant export authorisations for dual-use items.
Article 9(6)(b) of the Regulation requires the Commission to publish the list of authorities empowered to prohibit the transit of non-Community dual-use items.
Article 10(4) of the Regulation requires the Commission to publish the list of authorities empowered to grant authorisation for the provision of brokering services.
8.1. Belgium
For the Brussels Capital Region (localities with postal codes 1000 to 1299)
Service Public Régional de Bruxelles Brussels International - |
Cellule licences - Cel vergunningen |
Mr Cataldo ALU |
City-Center |
Boulevard du Jardin Botanique 20 |
1035 Bruxelles/Brussel |
BELGIQUE/BELGIË |
Tel. +32 28003727 |
Fax +32 28003824 |
Email: calu@sprb.brussels |
Website: http://international.brussels/qui-sommes-nous/#permits-unit |
For the Walloon Region (localities with postal codes 1300 to 1499 and 4000 to 7999)
Service public de Wallonie |
Direction Générale de l'Économie, de l'Emploi et de la Recherche |
Direction des Licences d'Armes |
Mr Michel Moreels |
Chaussée de Louvain 14 |
5000 Namur |
BELGIQUE |
Tel. +32 81649751 |
Fax +32 81649759/60 |
Email: licences.dgo6@spw.wallonie.be |
Website: http://economie.wallonie.be/Licences_armes/Accueil.html |
For the Flanders Region (localities with postal codes 1500 to 3999 and 8000 to 9999)
Flemish Department of Foreign Affairs |
Strategic Goods Control Unit |
Mr Michael Peeters |
Havenlaan 88, bus 80 |
1000 Brussel |
BELGIË |
Tel. +32 499589934 |
Email: csg@buza.vlaanderen |
Website: www.fdfa.be/csg |
8.2. Bulgaria
Interministerial Commission for Export Control and Non-Proliferation of Weapons of Mass Destruction with the Minister for Economy |
1000 Sofia |
8 Slavyanska Str. |
BULGARIA |
Tel. +359 29407771, +359 29407786 |
Fax +359 29880727 |
Email: ivan.penchev@mi.government.bg and n.grahovska@mi.government.bg |
Website: www.exportcontrol.bg; http://www.mi.government.bg |
8.3. Czech Republic
Ministry of Industry and Trade Licensing Office |
Na Františku 32 110 15 Prague 1 |
CZECH REPUBLIC |
Tel. +420 224907638 |
Fax +420 224214558 or +420 224221811 |
Email: leitgeb@mpo.cz or dual@mpo.cz |
Website: www.mpo.cz |
8.4. Denmark
Exportcontrols |
Danish Business Authority |
Langelinie Allé 17 |
2100 Copenhagen |
DENMARK |
Tel. +45 35291000 |
Fax +45 35466632 |
Email: eksportkontrol@erst.dk |
Website: in English: www.exportcontrols.dk; in Danish: www.eksportkontrol.dk |
8.5. Germany
Federal Office for Economic Affairs and Export Control (Bundesamt für Wirtschaft und Ausfuhrkontrolle) |
Frankfurter Strasse 29-35 65760 Eschborn |
GERMANY |
Tel. +49 6196908-0 |
Fax +49 6196908-1800 |
Email: ausfuhrkontrolle@bafa.bund.de |
Website: http://www.ausfuhrkontrolle.info |
8.6. Estonia
Strategic Goods Commission, Ministry of Foreign Affairs Islandi väljak 1 15049 Tallinn |
ESTONIA |
Tel. +372 6377192 |
Fax +372 6377199 |
Email: stratkom@vm.ee |
Website: in English: http://www.vm.ee/?q=en/taxonomy/term/58; |
in Estonian: http://www.vm.ee/?q=taxonomy/term/50 |
8.7. Ireland
Trade Licensing and Control Unit |
Department of Business, Enterprise and Innovation |
Earlsfort Centre |
Lower Hatch Street |
Dublin 2 |
IRELAND |
Contact: David Martin, Niamh Guihen |
Tel. +353 16312328, +353 16312287 |
Email: david.martin@dbei.gov.ie - niamh.guihen@dbei.gov.ie - |
exportcontrol@dbei.gov.ie |
Website: https://www.djei.ie/en/What-We-Do/Trade-Investment/Export-Licences/ |
8.8. Greece
Ministry of Development, Competitiveness |
General Directorate for International Economic Policy |
Directorate of Import-Export Regimes and Trade Defence Instruments |
Export Regimes and Procedures Unit |
Kornarou 1 str |
105 63 Athens |
GREECE |
Contact point: O.Papageorgiou |
Tel. +30 2103286047/56/22/21 |
Fax +30 2103286094 |
Email: opapageorgiou@mnec.gr |
8.9. Spain
The General Secretariat for Foreign Trade (Secretaría General de Comercio Exterior), the Customs Department (Agencia Tributaria - Aduanas) and the Foreign Office Ministry (Ministerio de Asuntos Exteriores, Unión Europea y Cooperación) are the authorities empowered to grant licences and to decide to prohibit the transit of non-Community dual-use items.
Contact point in the Licensing Office: Mr. Ramón Muro Martínez. Subdirector General.
Ministerio de Industria, Comercio y Turismo |
Paseo de la Castellana, 162, 7a 28046 Madrid |
SPAIN |
Tel. +34 913492587 |
Fax +34 913492470 |
Email: rmuro@mincotur.es; sgdefensa.sscc@comercio.mineco.es |
Website: http://www.comercio.gob.es/es-ES/comercio-exterior/informacion-sectorial/material-de-defensa-y-de-doble-uso/Paginas/conceptos.aspx |
8.10. France
Ministère de l'Économie et des Finances |
Direction Générale des Enterprises |
Service des biens à double usage (SBDU) |
67, rue Barbès – BP 80001 |
94201 Ivry-sur-Seine Cedex |
FRANCE |
Tel. +33 179 84 34 19 |
Email: doublusage@finances.gouv.fr |
Website: https://www.entreprises.gouv.fr/biens-double-usage |
8.11. Croatia
Ministry of Foreign and European Affairs |
Directorate for Economic Affairs and Development Coordination |
Export Control Division |
Trg N. Š. Zrinskog 7-8 |
10000 Zagreb |
CROATIA |
Tel. +385 14598135, 137, 110 |
Fax +385 16474553 |
Email: kontrola.izvoza@mvep.hr |
Website: http://gd.mvep.hr/hr/kontrola-izvoza/ |
8.12. Italy
Ministry of Economic Development |
Directorate - General for International Trade Policy |
Export Control Unit |
Viale Boston, 25 |
00144 Roma |
ITALY |
Tel. +39 0659932439 |
Fax +39 0659932103 |
Email: polcom4@mise.gov.it ; massimo.cipolletti@mise.gov.it |
Website: http://www.mise.gov.it/index.php/it/commercio-internazionale/import-export/dual-use |
8.13. Cyprus
Ministry of Energy, Commerce, Industry and Tourism 6, Andrea Araouzou 1421 Nicosia |
CYPRUS |
Tel. +357 22867100, 22867332, 22867197 |
Fax +357 22375120, 22375443 |
Email: perm.sec@mcit.gov.cy ; pevgeniou@mcit.gov.cy ; xxenopoulos@mcit.gov.cy |
Website: http://www.mcit.gov.cy/ts |
8.14. Latvia
Control Committee for Strategic Goods |
Chairman of the Committee: Mr Andris Pelšs |
Executive Secretary: Mr Renārs Danelsons |
Ministry of Foreign Affairs |
3, K. Valdemara street |
Riga, LV-1395 |
LATVIA |
Tel. +371 67016426 |
Email: renars.danelsons@mfa.gov.lv |
Website: https://www.mfa.gov.lv/tautiesiem-arzemes/aktualitates-tautiesiem/20440-strategiskas-nozimes-precu-kontrole?lang=lv-LV |
8.15. Lithuania
Authority empowered to grant export authorisations for dual-use items and authorities empowered to grant authorisations for the provision of brokering services:
Ministry of Economy and Innovation of the Republic of Lithuania |
Gedimino ave. 38/Vasario 16 st.2 LT-01104 Vilnius |
LITHUANIA |
Contact details: |
Export Policy Division |
Economic Development Department |
Tel. +370 70664680 |
Email: vienaslangelis@eimin.lt |
Website: http://eimin.lrv.lt/lt/veiklos-sritys/eksportas/strateginiu-prekiu-kontrole |
Authority empowered to prohibit the transit of non-Community dual-use items:
Customs Department under the Ministry of Finance of the Republic of Lithuania |
A. Jaksto str. 1/25 LT-01105 Vilnius |
LITHUANIA |
Contact details: |
Customs Criminal Service |
Tel. +370 52616960 |
Email: budetmd@lrmuitine.lt |
8.16. Luxembourg
1) |
Minister responsible for Foreign Trade |
2) |
Minister responsible for Foreign Affairs
|
8.17. Hungary
Government Office of the Capital City Budapest |
Department of Trade, Defence Industry, Export Control and Precious Metal Assay |
Export Control Unit |
Németvölgyi út 37-39. |
1124 Budapest |
HUNGARY |
Tel. +36 14585577 |
Fax +36 14585869 |
Email: exportcontrol@bfkh.gov.hu |
Website: http://mkeh.gov.hu/haditechnika/kettos_felhasznalasu |
8.18. Malta
Commerce Department Mr Brian Montebello Trade Services |
MALTA |
Tel. +356 25690214 |
Fax +356 21240516 |
Email: brian.montebello@gov.mt |
Website: https://commerce.gov.mt/en/Trade_Services/Imports%20and%20Exports/Pages/DUAL%20USE/DUAL-USE-TRADE-CONTROLS.aspx |
8.19. The Netherlands
Ministry for Foreign Affairs |
Directorate-General for International Relations |
Department for Trade Policy and Economic Governance |
PO Box 20061 2500 EB The Hague |
THE NETHERLANDS |
Tel. +31 703485954 |
Dutch Customs/Central Office for Import and Export PO Box 30003 9700 RD Groningen, |
THE NETHERLANDS |
Tel. +31 881512400 |
Fax +31 881513182 |
Email: DRN-CDIU.groningen@belastingdienst.nl |
Website: www.rijksoverheid.nl/exportcontrole |
8.20. Austria
Federal Ministry of Digital and Economic Affairs |
Division for Foreign Trade Administration |
Stubenring 1 1010 Vienna |
AUSTRIA |
Tel. +43 1 71100802335 |
Fax +43 1 71100808366 |
Email: POST.III2_19@bmdw.gv.at |
Website: http://www.bmdw.gv.at/pawa |
8.21. Poland
Ministry of Entrepreneurship and Technology |
Department for Trade in Strategic Goods and Technical Safety |
Pl. Trzech Krzyzy 3/5 00-507 Warszawa |
POLAND |
Tel. +48 222629665 |
Fax +48 222629140 |
Email: SekretariatDOT@mpit.gov.pl |
Website: https://www.gov.pl/web/przedsiebiorczosc-technologia/zezwolenia-na-obrot-produktami-podwojnego-zastosowania |
8.22. Portugal
Autoridade Tributária e Aduaneira |
Customs and Taxes Authority |
Rua da Alfândega, 5 |
1049-006 Lisboa |
PORTUGAL |
Director: Luísa Nobre; Licence Officer: Maria Oliveira |
Tel. +351 218813843 |
Fax +351 218813986 |
Email: dsl@at.gov..pt |
Website: http://www.dgaiec.min-financas.pt/pt/licenciamento/bens_tecnologias_duplo_uso/bens_tecnologias_duplo_uso.htm |
8.23. Romania
Ministry of Foreign Affairs |
Department for Export Controls — ANCEX |
Str. Polonă nr. 8, sector 1 |
010501, Bucureşti |
ROMANIA |
Tel. +40 374306950 |
Fax +40 374306924 |
Email: dancex@mae.ro ; dan.marian@mae.ro |
Website: www.ancex.ro |
8.24. Slovenia
Ministry of Economic Development and Technology |
Kotnikova ulica 5 |
SI-1000 Ljubljana |
SLOVENIA |
Tel. +386 14003564 |
Fax +386 14003283 |
Email: gp.mgrt@gov.si |
Website: https://www.gov.si/podrocja/podjetnistvo-in-gospodarstvo/mednarodno-gospodarsko-sodelovanje/ |
8.25. Slovakia
For the purposes of Article 9(6) (a) and Article 10(4) of the Regulation:
Ministry of Economy of the Slovak Republic |
Department of Trade Measures |
Mlynské nivy 44/a |
827 15 Bratislava 212 |
SLOVAKIA |
Tel. +421 248547019 |
Fax +421 243423915 |
Email: jan.krocka@economy.gov.sk |
Website: www.economy.gov.sk |
For the purpose of Article 9(6)(b) of the Regulation:
Criminal Office of the Financial Administration |
Department of Drugs and Hazardous materials |
Coordination Unit |
Bajkalská 24 |
824 97 Bratislava |
SLOVAKIA |
Tel. +421 2 58251221 |
Email: Jozef.Pullmann@financnasprava.sk |
8.26. Finland
Ministry for Foreign Affairs of Finland |
Export Control Unit |
Eteläesplanadi 4 |
FI - 00130 HELSINKI |
Postal address: |
PO Box 176 |
FI-00023 GOVERNMENT |
FINLAND |
Tel. +358 295350000 |
Email: vientivalvonta.um@formin.fi |
Website: http://formin.finland.fi/vientivalvonta |
8.27. Sweden
1. |
Inspectorate of Strategic Products (ISP) Inspektionen för strategiska produkter Visiting address:
ISP is empowered to grant authorisations in all cases except those listed under 2 below |
2. |
Swedish Radiation Safety Authority (Strålsäkerhetsmyndigheten) Section of Nuclear Non-proliferation and Security.
The Swedish Radiation Safety Authority is empowered to grant authorisations on and prohibit transit of products in Annex 1, Category 0, to the Regulation (EC) No 428/2009. |
8.28. United Kingdom
Department for International Trade (DIT) |
Export Control Joint Unit (ECJU) |
3 Whitehall Place |
London SW1A 2AW |
Tel. +44 2072154594 |
EMail: eco.help@trade.gov.uk |
Website https://www.gov.uk/export-control-licence |
9. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 17 OF THE REGULATION (SPECIALLY EMPOWERED CUSTOMS OFFICES)
Article 17 requires Member States to inform the Commission if they have availed themselves of the option to have customs formalities for the export of dual-use items completed only at customs offices empowered to that end.
The table below provides an overview of the measures taken by Member States, as notified to the Commission. Details on the measures are provided thereafter.
Member State |
Have specific customs offices been designated, in relation with Article 17(1), in which customs formalities for the export of dual-use items may be completed? |
BELGIUM |
NO |
BULGARIA |
YES |
CZECH REPUBLIC |
NO |
DENMARK |
NO |
GERMANY |
NO |
ESTONIA |
YES |
IRELAND |
NO |
GREECE |
NO |
SPAIN |
NO |
FRANCE |
NO |
CROATIA |
NO |
ITALY |
NO |
CYPRUS |
NO |
LATVIA |
YES |
LITHUANIA |
YES |
LUXEMBOURG |
NO |
HUNGARY |
NO |
MALTA |
NO |
NETHERLANDS |
NO |
AUSTRIA |
NO |
POLAND |
YES |
PORTUGAL |
NO |
ROMANIA |
YES |
SLOVENIA |
NO |
SLOVAKIA |
NO |
FINLAND |
NO |
SWEDEN |
NO |
UNITED KINGDOM |
NO |
9.1. Bulgaria
The territorial customs offices of the Republic of Bulgaria for strategic goods have been approved by the General Director of the Customs Agency under Ministry of Finance Order No 55/32-11385 of 14 January 2016 (Official Gazette 9/2016). The list of customs offices in Bulgaria through which dual-use items and technologies may leave or enter the EU customs territory can be found on the following website:
http://www.mi.government.bg/en/themes/evropeisko-i-nacionalno-zakonodatelstvo-v-oblastta-na-eksportniya-kontrol-i-nerazprostranenieto-na-or-225-338.html
9.2. Estonia
The list of customs offices in Estonia through which dual-use items and technologies may leave or enter the EU customs territory can be found on the following website:
http://www.emta.ee/index.php?id=24795
9.3. Latvia
The list of customs offices in Latvia through which dual-use items and technologies may leave or enter the EU customs territory can be found on the following website:
https://www.vid.gov.lv/lv/muitas-kontroles-un-robezkontroles-punkti
9.4. Lithuania
The list of customs offices in Lithuania through which dual-use items and technologies may leave or enter the EU customs territory can be found on the following website:
https://www.lrmuitine.lt/web/guest/verslui/apribojimai/bendra#en
9.5. Poland
The list of customs offices in Poland through which dual-use items and technologies may leave or enter the EU customs territory can be found on the following website: http://isap.sejm.gov.pl/DetailsServlet?id=WDU20150000136&min=1
9.6. Romania
The list of customs offices in Romania through which dual-use items and technologies may leave or enter the EU customs territory can be found on the following website: https://www.customs.ro/agenti-economici/instruirea-operatorilor-economici/vamuirea-marfurilor/produse-strategice
10. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 22(5) OF THE REGULATION (INTRA-COMMUNITY TRANSFERS)
Article 22(5) stipulates that Member States imposing an authorisation requirement for the transfer from their territory to another Member State of items not listed in Annex IV to the Regulation (Annex IV lists items which do not benefit from freedom of movement in the single market) must inform the Commission, which must in turn publish this information in the Official Journal of the European Union.
The table below provides an overview of the measures taken by Member States, as notified to the Commission. Details on the measures are provided thereafter.
Member State |
Have specific measures been taken to extend intra-EU transfer controls in relation with Article 22(2)? |
BELGIUM |
NO |
BULGARIA |
YES |
CZECH REPUBLIC |
YES |
DENMARK |
NO |
GERMANY |
YES |
ESTONIA |
YES |
IRELAND |
NO |
GREECE |
YES |
SPAIN |
NO |
FRANCE |
NO |
CROATIA |
NO |
ITALY |
NO |
CYPRUS |
NO |
LATVIA |
NO |
LITHUANIA |
NO |
LUXEMBOURG |
YES |
HUNGARY |
YES |
MALTA |
NO |
NETHERLANDS |
YES |
AUSTRIA |
NO |
POLAND |
NO |
PORTUGAL |
NO |
ROMANIA |
NO |
SLOVENIA |
NO |
SLOVAKIA |
YES |
FINLAND |
NO |
SWEDEN |
NO |
UNITED KINGDOM |
YES |
10.1. Bulgaria
Bulgaria has extended intra-EU transfer controls as set out in Article 22(2) of the Regulation and has introduced a requirement for additional information to be provided to the competent authorities concerning certain intra-EU transfers as set out in Article 22(9) of the Regulation.
(Article 51, par. 8 and par. 9 of the Defence-Related Products and Dual-Use Items and Technologies Export Control Act, State Gazette No. 26/29.03.2011, effective 30.06.2012).
10.2. Czech Republic
Act No 594/2004 Coll. extends controls with regard to intra-EU transfers from the Czech Republic as set out in Article 22(2) of the Regulation.
10.3. Germany
Section 11 of the Foreign Trade and Payments Regulation of 2 August 2013(Aussenwirtschaftsverordnung - AWV) extends controls with regard to intra-EU transfers from Germany as set out in Article 22(2) of the Regulation.
10.4. Estonia
The Strategic Goods Act §3(6) extends controls with regard to intra-EU transfers as stipulated in Article 22(2) of the Regulation.
10.5. Greece
Section 3.4 of Ministerial Decision No 121837/E3/21837 of 28 September 2009 extends controls with regard to intra-EU transfers from Greece as set out in Article 22(2) of the Regulation.
10.6. Luxembourg
An authorization requirement may be imposed for the transfer of dual-use items, other than those listed in Annex IV to the Regulation, from the territory of the Grand Duchy of Luxembourg to another Member State in the cases provided for in Article 22 (2) of the Regulation.
(Law of 27 June 2018 on export control, Article 44).
10.7. Hungary
Par. 16 of the Government Decree No 13 of 2011 ‘on the foreign trade authorisation of dual-use items’ adopts licensing requirement on listed dual-use items for transfers within the EU if the conditions stipulated in Article 22(2) of the Regulation apply.
10.8. The Netherlands
An authorisation requirement for intra-EU transfers may be imposed in individual cases with regard to dual-use items.
(Article 4a(3) of the Decree for Strategic Goods - Besluit strategische goederen).
10.9. Slovakia
Par. 23(2) of the Act No 39/2011 Coll. extends controls with regard to intra-EU transfers from the Slovak Republic, as set out in Article 22(2) of the Regulation.
10.10. United Kingdom
Article 7 of the Export Control Order 2008 extends controls with regard to intra-EU transfer from the UK, as set out in Article 22(2) of Regulation (EC) No 428/2009.
11. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 22(9) OF THE REGULATION (INTRA-COMMUNITY TRANSFERS)
Article 22(9) stipulates that a Member States may require that, for the transfer from their territory to another Member State of items listed in Category 5, Part 2 of Annex I, which are not listed in Annex IV to the Regulation, additional information concerning those items shall be provided to the competent authorities of that Member State.
The table below provides an overview of the measures taken by Member States, as notified to the Commission. Details on the measures are provided thereafter.
Member State |
Have specific measures been taken to extend intra-EU transfer controls in relation with Article 22(2)? |
BELGIUM |
NO |
BULGARIA |
YES |
CZECH REPUBLIC |
NO |
DENMARK |
NO |
GERMANY |
NO |
ESTONIA |
NO |
IRELAND |
NO |
GREECE |
NO |
SPAIN |
NO |
FRANCE |
NO |
CROATIA |
NO |
ITALY |
NO |
CYPRUS |
NO |
LATVIA |
NO |
LITHUANIA |
NO |
LUXEMBOURG |
YES |
HUNGARY |
NO |
MALTA |
NO |
NETHERLANDS |
NO |
AUSTRIA |
NO |
POLAND |
NO |
PORTUGAL |
NO |
ROMANIA |
NO |
SLOVENIA |
NO |
SLOVAKIA |
NO |
FINLAND |
NO |
SWEDEN |
NO |
UNITED KINGDOM |
NO |
11.1. Bulgaria
For the transfer from the territory of the Republic of Bulgaria to the territory of another Member State of dual-use items listed in Category 5, Part 2 of Annex I and which are not listed in Annex IV to the Regulation, the Interministerial Commission may require, from the person making the transfer, additional information on the items.
(Article 51 (9) of the Defence-Related Products and Dual-Use Items and Technologies Export Control Act, State Gazette No. 26/29.03.2011, effective 30.06.2012).
11.2. Luxembourg
For the transfer from the territory of the Grand Duchy of Luxembourg to the territory of another Member State of dual-use items listed in Category 5, Part 2 of Annex I and which are not listed in Annex IV to the Regulation, the following additional information shall be provided in the frame of the authorization application:
1. |
Indication of the commercial reference of the item, its general description and features; |
2. |
Presentation of the cryptology services to be provided; |
3. |
Presentation of the implementation of the algorithms; |
4. |
Presentation of security norms or standards; |
5. |
Presentation of the type of data concerned by the service; |
6. |
Document relating to the technical specifications of the item (in 12 points) (Grand Duke Regulation of 14 December 2018, Article 10(1), paragraph 1 sub 2° and paragraph 2 sub 4°, and Annex 15). |