This document is an excerpt from the EUR-Lex website
Document 52024XC05881
Information Note – Regulation (EU) 2021/821 of the European Parliament and of the Council setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items: Information on measures adopted by Member States in conformity with Articles 4, 5, 6, 7, 8, 9, 11, 12, 22 and 23
Information Note – Regulation (EU) 2021/821 of the European Parliament and of the Council setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items: Information on measures adopted by Member States in conformity with Articles 4, 5, 6, 7, 8, 9, 11, 12, 22 and 23
Information Note – Regulation (EU) 2021/821 of the European Parliament and of the Council setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items: Information on measures adopted by Member States in conformity with Articles 4, 5, 6, 7, 8, 9, 11, 12, 22 and 23
PUB/2024/740
OJ C, C/2024/5881, 2.10.2024, ELI: http://data.europa.eu/eli/C/2024/5881/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Official Journal |
EN C series |
C/2024/5881 |
2.10.2024 |
INFORMATION NOTE
Regulation (EU) 2021/821 of the European Parliament and of the Council setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items: Information on measures adopted by Member States in conformity with Articles 4, 5, 6, 7, 8, 9, 11, 12, 22 and 23
(C/2024/5881)
Articles 4, 5, 6, 7, 8, 9, 11, 12, 22 and 23 of Regulation (EU) 2021/821 of the European Parliament and of the Council (1) (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(3) 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(3), 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(4) of the Regulation requires Member States which impose an authorisation requirement, in application of Article 4(3), 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(3)? |
BELGIUM |
Partially YES |
BULGARIA |
NO |
CZECHIA |
YES |
DENMARK |
YES |
GERMANY |
NO |
ESTONIA |
NO |
IRELAND |
NO |
GREECE |
NO |
SPAIN |
NO |
FRANCE |
NO |
CROATIA |
YES |
ITALY |
NO |
CYPRUS |
NO |
LATVIA |
YES |
LITHUANIA |
YES |
LUXEMBOURG |
YES |
HUNGARY |
YES |
MALTA |
NO |
NETHERLANDS |
YES |
AUSTRIA |
YES |
POLAND |
NO |
PORTUGAL |
NO |
ROMANIA |
YES |
SLOVENIA |
YES |
SLOVAKIA |
NO |
FINLAND |
YES |
SWEDEN |
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. Croatia
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(2) of the Act on Control of dual-use items, OG 83/2023).
1.3. Latvia
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(7) and Article 17(1) of the Law on the Circulation of Strategic Goods of 21 June 2007; Point 31 of the Regulation 657 (20.10.2010) Procedures for Issuing or Refusal to Issue a Licence for Goods of Strategic Significance and Other Documents Related to the Circulation of Goods of Strategic Significance).
1.4. 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)).
1.5. 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).
(Par. 7. of Government Decree No 13 of 2011 on ‘the foreign trade authorisation of dual-use items’)
1.6. Netherlands
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 2 of Strategic Services Act (Wet Strategische diensten) and Article 2 and article 3 of Decree of strategic goods (Besluit Strategische goederen)).
1.7. 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).
(Section 5 of the 2011 First Foreign Trade Regulation (Erste Außenwirtschaftsverordnung 2011), BGBl. II Nr. 343/2011, published on 28 October 2011).
1.8. 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)
1.9. Romania
An export authorisation shall be required for the export of non-listed dual-use items where an exporter has grounds for suspecting that the dual use 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(4) of GO 43/2022 on the control regime for operations concerning dual-use items).
1.10. Sweden
An export authorisation shall be required for the export of non-listed dual-use items where an exporter has grounds for suspecting that dual-use items, which they propose to export, are or may be intended for any of the uses referred to in Article 4(1) of the Regulation.
(Section 4 a of the Dual-Use Items and Technical Assistance Control Ordinance (2000:1217)).
1.11. Lithuania
An export authorisation shall be required for the export of non-listed dual-use items where an exporter has grounds for suspecting that the dual-use items are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4(1).
((Government Resolution No. 932 "On the Approval of the Licensing Rules for Export, Import, Transit and Brokering of Strategic Goods and the Rules of Implementation of the Control of Strategic Goods).
1.12. Slovenia
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 4(1) of the Act Regulating the Control of Exports of Dual-Use Items (Zakon o nadzoru izvoza blaga z dvojno rabo (Uradni list RS, št. 37/04, 8/10 in 29/23).
1.13. Denmark
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)(a).
(Article 2(6) of the Danish Export Control Law).
1.14. Czechia
An export authorisation is required for the export of dual-use items not listed in Annex I if the 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).
(Act 594/2004 Coll, as amended; §3.(4)).
2. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 5(3) OF THE REGULATION (AUTHORISATION REQUIREMENT ON THE EXPORT OF CYBER-SURVEILLANCE ITEMS NOT LISTED IN ANNEX I)
A Member State may adopt or maintain national legislation imposing an authorisation requirement on the export of cyber-surveillance items not listed in Annex I if the exporter has grounds for suspecting that those items are or may be intended, in their entirety or in part, for use in connection with internal repression and/or the commission of serious violations of human rights and international humanitarian law.
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 States adopted national legislation imposing authorisation requirements in application of Article 5(3)? |
BELGIUM |
NO |
BULGARIA |
NO |
CZECHIA |
NO |
DENMARK |
YES |
GERMANY |
NO |
ESTONIA |
NO |
IRELAND |
NO |
GREECE |
NO |
SPAIN |
NO |
FRANCE |
NO |
CROATIA |
YES |
ITALY |
NO |
CYPRUS |
NO |
LATVIA |
NO |
LITHUANIA |
NO |
LUXEMBOURG |
NO |
HUNGARY |
NO |
MALTA |
NO |
NETHERLANDS |
NO |
AUSTRIA |
NO |
POLAND |
NO |
PORTUGAL |
NO |
ROMANIA |
YES |
SLOVENIA |
YES |
SLOVAKIA |
NO |
FINLAND |
NO |
SWEDEN |
YES |
2.1. Sweden
An export authorisation shall be required for the export of non-listed dual-use items where an exporter has grounds for suspecting that cyber-surveillance items, which they propose to export, are or may be intended for any of the uses referred to in Article 5(1) of the Regulation.
(Section 4 a of the Dual-Use Items and Technical Assistance Control Ordinance (2000:1217)).
2.2. Romania
An export authorisation shall be required for the export of non-listed dual-use items where an exporter has grounds for suspecting that cyber-surveillance items, which they propose to export, are or may be intended for any of the uses referred to in Article 5(1) of the Regulation.
(article 5(4) of GO 43/2022 on the control regime for operations concerning dual-use items).
2.3. Slovenia
An export authorisation shall be required for the export of non-listed dual-use items where an exporter has grounds for suspecting that cyber-surveillance items, which they propose to export, are or may be intended for any of the uses referred to in Article 5(1) of the Regulation.
(Article 4(2) of the Act Regulating the Control of Exports of Dual-Use Items (Zakon o nadzoru izvoza blaga z dvojno rabo (Uradni list RS, št. 37/04, 8/10 in 29/23).
2.4. Denmark
An export authorisation shall be required for the export of non-listed dual-use items where an exporter has grounds for suspecting that cyber-surveillance items, which they propose to export, are or may be intended for any of the uses referred to in Article 5(1) of the Regulation.
(Article 2(8) of the Danish Export Control Law).
2.5. Croatia
An export authorisation shall be required for the export of non-listed dual-use items where an exporter has grounds for suspecting that cyber-surveillance items, which they propose to export, are or may be intended for any of the uses referred to in Article 5(1) of the Regulation.
(Article 5(2) of the Act on Control of dual-use items, OG 83/2023).
3. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 6(3) OF THE REGULATION (EXTENSION OF BROKERING CONTROLS)
Article 6(3) in conjunction with Article 6(5) of the Regulation requires the Commission to publish measures taken by Member States to extend the application of Article 6(1) to non-listed dual-use items.
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 6(1) been extended in relation with Article 6(3)? |
BELGIUM |
NO |
BULGARIA |
YES |
CZECHIA |
YES |
DENMARK |
NO |
GERMANY |
NO |
ESTONIA |
YES |
IRELAND |
NO |
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 |
NO |
SLOVENIA |
NO |
SLOVAKIA |
NO |
FINLAND |
YES |
SWEDEN |
YES |
3.1. 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 for 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.
(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).
3.2. Czechia
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)).
3.3. 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).
3.4. 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 ’).
3.5. 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.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).
3.6. 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.
(Article 6(2) of the Act on Control of dual-use items, OG 83/2023).
3.7. 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).
3.8. Latvia
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 5(7) of the Law on the Circulation of Strategic Goods of 21 June 2007; Point 31 of the Regulation 657 (20.10.2010) Procedures for Issuing or Refusal to Issue a Licence for Goods of Strategic Significance and Other Documents Related to the Circulation of Goods of Strategic Significance).
3.9. 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)).
3.10. 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’).
3.11. 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.
(Article 4 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).
3.12. 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) of the Regulation.
(Section 15(1) of the Foreign Trade Act (Außenwirtschaftsgesetz 2011, BGBl. I Nr. 26/2011)).
3.13. 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).
3.14. Sweden
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) of the Regulation.
(Section 4 b paragraph one of the Dual-Use Items and Technical Assistance Control Ordinance (2000:1217)).
4. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 6(4) OF THE REGULATION (EXTENSION OF BROKERING CONTROLS)
Article 6(4) in conjunction with Article 6(5) 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 6(4)? |
BELGIUM |
NO |
BULGARIA |
YES |
CZECHIA |
YES |
DENMARK |
NO |
GERMANY |
NO |
ESTONIA |
YES |
IRELAND |
NO |
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 |
YES |
4.1. 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)).
4.2. Czechia
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’).
4.3. 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).
4.4. 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).
4.5. 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).
4.6. 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.
(Article 6(3) of the Act on Control of dual-use items, OG 83/2023).
4.7. 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).
4.8. Latvia
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 5(7) and Article 17(1) of the Law on the Circulation of Strategic Goods of 21 June 2007; Point 31 of the Regulation 657 (20.10.2010) Procedures for Issuing or Refusal to Issue a Licence for Goods of Strategic Significance and Other Documents Related to the Circulation of Goods of Strategic Significance).
4.9. 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)).
4.10. 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).
4.11. 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 4(5) of the Strategic Services Act (Wet strategische diensten)).
4.12. 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.
(Section 5 of the 2011 First Foreign Trade Regulation (Erste Außenwirtschaftsverordnung 2011), BGBl. II Nr. 343/2011, published on 28 October 2011).
4.13. 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.
(Article 15(3) of the GO 43/2022 on the control regime for operations concerning dual-use items).
4.14. 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).
4.15. Sweden
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.
(Section 4 b paragraph two of the Dual-Use Items and Technical Assistance Control Ordinance (2000:1217))
5. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 7(3) OF THE REGULATION (EXTENSION OF TRANSIT CONTROLS)
Article 7(3) in conjunction with Article 7(4) of the Regulation requires the Commission to publish measures taken by Member States extending the application of Article 7(1) to non-listed dual-use items.
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 7(1) been extended in relation with Article 7(3)? |
BELGIUM |
Partly YES |
BULGARIA |
NO |
CZECHIA |
YES |
DENMARK |
NO |
GERMANY |
NO |
ESTONIA |
YES |
IRELAND |
NO |
GREECE |
YES |
SPAIN |
YES |
FRANCE |
YES |
CROATIA |
YES |
ITALY |
YES |
CYPRUS |
NO |
LATVIA |
YES |
LITHUANIA |
YES |
LUXEMBOURG |
YES |
HUNGARY |
YES |
MALTA |
NO |
NETHERLANDS |
YES |
AUSTRIA |
YES |
POLAND |
NO |
PORTUGAL |
NO |
ROMANIA |
NO |
SLOVENIA |
NO |
SLOVAKIA |
NO |
FINLAND |
YES |
SWEDEN |
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. Czechia
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. 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).
5.5. 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 of December 28, on the control of external trade on material of defense and dual use).
5.6. France
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 3(I) of Decree n°2020-74 of 31 January 2020, as amended by Decree n°2020-1481 of 30 November 2020).
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).
(Article 8(1) and Article 8(3) of the Act on Control of dual-use items, OG 83/2023).
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. Latvia
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(7) of the Law on the Circulation of Strategic Goods of 21 June 2007; Point 31 of the Regulation 657 (20.10.2010) Procedures for Issuing or Refusal to Issue a Licence for Goods of Strategic Significance and Other Documents Related to the Circulation of Goods of Strategic Significance).
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 Article 2 of the Decree for Strategic Goods (Besluit strategische goederen)).
5.13. Austria
The transit of 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).
(Section 15 of the 2011 Foreign Trade Act (Außenwirtschaftsgesetz 2011, BGBl. I Nr. 26/2011).
5.14. 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)
5.15. Sweden
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).
(Section 4 c of the Dual-Use Items and Technical Assistance Control Ordinance (2000:1217))
5.16. Lithuania
The transit of non-listed dual-use goods may be prohibited by the competent authority if the items are or may be intended for the uses referred to in Article 4(1).
(The Law of the Republic of Lithuania on the Control of Strategic Goods No. XIV-1738 December 22,2022).
6. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 8(4) OF THE REGULATION (EXTENSION OF TECHNICAL ASSISTANCE)
Article 8(4) of the Regulation establishes that a Member State may extend the application of an authorisation requirement for the provision of technical assistance related to dual-use items not listed in Annex I if the provider of technical assistance has been informed by the competent authority 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).
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 the Member State adopted national legislation imposing authorisation requirements in applications of Article 8(4)? |
BELGIUM |
NO |
BULGARIA |
NO |
CZECHIA |
NO |
DENMARK |
NO |
GERMANY |
NO |
ESTONIA |
NO |
IRELAND |
NO |
GREECE |
NO |
SPAIN |
NO |
FRANCE |
NO |
CROATIA |
YES |
ITALY |
YES |
CYPRUS |
NO |
LATVIA |
NO |
LITHUANIA |
NO |
LUXEMBOURG |
NO |
HUNGARY |
NO |
MALTA |
NO |
NETHERLANDS |
NO |
AUSTRIA |
NO |
POLAND |
NO |
PORTUGAL |
NO |
ROMANIA |
NO |
SLOVENIA |
NO |
SLOVAKIA |
NO |
FINLAND |
NO |
SWEDEN |
YES |
6.1. Sweden
An authorisation shall be required for the provision of technical assistance related to dual use items not listed in Annex I of the Regulation if the provider of technical assistance has been informed by the competent authority 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) of the Regulation.
(Section 4 d paragraph one of the Dual-Use Items and Technical Assistance Control Ordinance (2000:1217))
6.2. Italy
An authorisation shall be required for the provision of technical assistance related to dual use items not listed in Annex I of the Regulation if the provider of technical assistance has been informed by the competent authority 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) of the Regulation.
(Article 3 and 9 of Legislative Decree 15 December 2017 No 221, as amended by Law 10 August 2023 No 103)
6.3. Croatia
An authorisation shall be required for the provision of technical assistance related to dual use items not listed in Annex I of the Regulation if the provider of technical assistance has been informed by the competent authority 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) of the Regulation.
(Article 7(2) of the Act on Control of dual-use items, OG 83/2023)
7. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 8(5) OF THE REGULATION (TECHNICAL ASSISTANCE)
Pursuant to Article 8(5), a Member State may adopt or maintain national legislation imposing an authorisation requirement on the provision of technical assistance where a provider of technical assistance who proposes to provide technical assistance for dual-use items has grounds for suspecting that those 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, as notified to the Commission. Details on the measures are provided thereafter.
Member State |
Has the Member State adopted national legislation imposing authorisation requirements in applications of Article 8(5)? |
BELGIUM |
NO |
BULGARIA |
NO |
CZECHIA |
NO |
DENMARK |
NO |
GERMANY |
NO |
ESTONIA |
NO |
IRELAND |
NO |
GREECE |
NO |
SPAIN |
NO |
FRANCE |
NO |
CROATIA |
YES |
ITALY |
YES |
CYPRUS |
NO |
LATVIA |
NO |
LITHUANIA |
NO |
LUXEMBOURG |
NO |
HUNGARY |
NO |
MALTA |
NO |
NETHERLANDS |
NO |
AUSTRIA |
NO |
POLAND |
NO |
PORTUGAL |
NO |
ROMANIA |
NO |
SLOVENIA |
NO |
SLOVAKIA |
NO |
FINLAND |
NO |
SWEDEN |
YES |
7.1. Sweden
If a provider of technical assistance has grounds for suspecting that dual-use items that they propose to provide technical assistance for, are or may be intended for any of the uses referred to in Article 4(1) of the Regulation, the provider of technical assistance shall notify the competent authority, which may decide to impose an authorisation requirement.
(Section 4 d paragraph two of the Dual-Use Items and Technical Assistance Control Ordinance (2000:1217))
7.2. Italy
If a provider of technical assistance has grounds for suspecting that dual-use items that they propose to provide technical assistance for, are or may be intended for any of the uses referred to in Article 4(1) of the Regulation, the provider of technical assistance shall notify the competent authority, which may decide to impose an authorisation requirement.
(Article 3 and 9 of Legislative Decree 15 December 2017 No 221, as amended by Law 10 August 2023 No 103)
7.3. Croatia
If a provider of technical assistance has grounds for suspecting that dual-use items that they propose to provide technical assistance for, are or may be intended for any of the uses referred to in Article 4(1) of the Regulation, the provider of technical assistance shall notify the competent authority, which may decide to impose an authorisation requirement.
(Article 7(3) of the Act on Control of dual-use items, OG 83/2023)
8. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 9 OF THE REGULATION (EXTENSION OF CONTROLS TO NON-LISTED ITEMS FOR REASONS OF PUBLIC SECURITY, INCLUDING THE PREVENTION OF ACTS OF TERRORISM, OR FOR HUMAN RIGHTS CONSIDERATIONS)
Article 9(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, including the prevention of acts of terrorism, or for 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, including the prevention of acts of terrorism, or for human rights considerations in relation with Article 9(1)? |
BELGIUM |
NO |
BULGARIA |
YES |
CZECHIA |
YES |
DENMARK |
NO |
GERMANY |
YES |
ESTONIA |
YES |
IRELAND |
YES |
GREECE |
NO |
SPAIN |
YES |
FRANCE |
YES |
CROATIA |
NO |
ITALY |
YES |
CYPRUS |
NO |
LATVIA |
YES |
LITHUANIA |
YES |
LUXEMBOURG |
YES |
HUNGARY |
NO |
MALTA |
NO |
NETHERLANDS |
YES |
AUSTRIA |
YES |
POLAND |
NO |
PORTUGAL |
NO |
ROMANIA |
YES |
SLOVENIA |
YES |
SLOVAKIA |
NO |
FINLAND |
NO |
SWEDEN |
NO |
8.1. 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).
8.2. Czechia
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).
8.3. Germany
a. Section 8 (1) No. 2 of the Foreign Trade and Payments Ordinance (Aussenwirtschaftsverordnung – AWV in connection with Part I Section B of the German Export Control List
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 8 (1) No 2 of the Foreign Trade and Payments Ordinance (Aussenwirtschaftsverordnung – AWV) in connection with Part I Section B of the German Export Control List.
The export of dual-use items not listed in Annex I of the Regulation is subject to authorisation if the items are listed in Part I Section B of the German Export Control List.
(Section 8 (1) No 2 of the Foreign Trade and Payments Ordinance (Aussenwirtschaftsverordnung - AWV)).
Part I Section B of the German Export Control List includes the following items:
— |
1E901 ‘Technology’ according to the General Technology Note, other than that specified in 1E001 or 1E101 in Annex I to Regulation (EU) 2021/821 as amended, for the ‘development’ or ‘production’ of polymethacrylimide foams, if the destination lies outside the customs territory of the European Union and outside the areas listed in Annex II Part 2 Section A of the Regulation (EU) 2021/821. |
— |
2B909Flow 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 Regulation (EU) 2021/821 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 Regulation (EU) 2021/821 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:
|
— |
5A902Surveillance systems, equipment and components for ICT (Information and Communication Technology) for public networks, not specified by item 5D001(e) of Annex I to Regulation (EU) 2021/821 as amended, where the destination lies outside the customs territory of the European Union and outside the areas listed in Annex II Section A Part 2 of Regulation (EU) 2021/821, 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', not specified by item 5D001(e) of Annex I to Regulation (EU) 2021/821 as amended, where the destination lies outside the customs territory of the European Union and outside the areas listed in Annex II Section A Part 2 of Regulation (EU) 2021/821, as follows:
|
— |
5D911 'Software' specially designed or modified for the 'use' of equipment, which is controlled by item 5A911, if the purchasing country or country of destination is Sudan or South Sudan. |
— |
5E902 'Technology' not specified by item 5E001(a) of Annex I to Regulation (EU) 2021/821 as amended, 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 II Section A Part 2 of Regulation (EU) 2021/821. |
— |
6A908 Radar-based navigation or surveillance systems for vessel or airborne traffic control, not controlled by items 6A008 or 6A108 in the framework of Regulation (EU) 2021/821 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. |
— |
9A904 ‘Spacecraft’ and other equipment, as follows:
Technical Note: 9A904 includes items used in the following contexts with ‘spacecraft’, both on the ground and on ‘spacecraft’:
|
— |
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. |
— |
9D904 'Software' specially designed or modified for the 'development', 'production' or 'use' of items specified in 9A904, if the destination is outside the customs territory of the European Union and outside the areas listed in Annex II Section A Part 2 of Regulation (EU) 2021/821. |
— |
9E904 'Technology' according to the General Technology Note, other than that specified in 5E001.b.2., 9E001 and 9E002 of Annex I to Regulation (EU) 2021/821, as amended, for the ‘development’, ‘production’ or ‘use’ of items specified in 9A904 or 'software' specified in 9D904, if the destination is outside the customs territory of the European Union and outside the areas listed in Annex II Section A Part 2 of Regulation (EU) 2021/821. |
— |
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 9E101(b) in the framework of Regulation (EU) 2021/821 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 II Section A Part 2 of Regulation (EU) 2021/821. |
b. Section 9 Foreign Trade and Payments Ordinance (Aussenwirtschaftsverordnung - AWV)
An authorisation shall be required for the export of dual-use items not listed in Annex I, if the exporter has been informed by BAFA that the items in question are or may be intended, in their entirety or in part, for the construction or operation of a nuclear installation within the meaning of Category 0 of Annex I to Regulation (EU) 2021/821 or for incorporation into such an installation, and if the country of destination is Algeria, Iraq, Iran, Israel, Jordan, Libya, the Democratic People's Republic of Korea, Pakistan or Syria. If an exporter is aware that the items are intended, in their entirety or in part, for the aforementioned use, he must notify BAFA. BAFA will decide whether or not it makes the export concerned subject to authorisation. This Section shall not apply in the field regulated by Article 4 and Article 10 of Regulation (EU) 2021/821.
(Section 9 of the Foreign Trade and Payments Ordinance (Aussenwirtschaftsverordnung - AWV)).
c. Section 6 Foreign Trade and Payments Act (Aussenwirtschaftsgesetz - AWG)
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.
8.4. 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).
8.5. 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).
8.6. 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); 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); and Ministerial Order of 2 February 2024 relating to goods and technologies associated to quantum computers and their enabling technologies and equipment for the design, development, production, testing and inspection of advanced electronic components (Published in the French Official Gazette of 10 February 2024).
8.7. 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.
National list of items not listed in Annex I of Regulation is in force.
— |
10A901 Weapons using non-centre fire cased ammunition (rimfire), specially designed components and ammunition. |
— |
10A902 Aircraft related equipment, spare parts and components. Control applicable only to aircraft equipment, spare parts and components what can be used for both- civil and military aircrafts. |
— |
10A903 Air guns with energy exceeding 12 J. |
— |
10A906 Night vision weapon sights and components. |
— |
10A907 Anti-personnel mines. |
— |
10D901 Software developed for intelligence services and specially designed to covertly extract, destroy or change information from computers, networks or other information systems. |
— |
10E902 Military assistance and technical assistance related to military goods. |
(Regulation No 645 of 25 September 2007 - 'Regulation on the National List of Strategic Goods and Services', Article 3(1) of the Law on the Circulation of Strategic Goods of 21 June 2007).
8.8. 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)).
8.9. 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, including the prevention of acts of terrorism, or for 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).
Authorisation requirements have been imposed for the export of advanced semiconductor manufacturing equipment.
(Advanced Semiconductor Manufacturing Equipment Order – Regeling geavanceerde productieapparatuur voor halfgeleiders).
8.10. 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.
(Section 20 of the 2011 Foreign Trade Act (Außenwirtschaftsgesetz 2011, BGBl. I Nr. 26/2011)).
8.11. Romania
The export of dual-use items not listed in Annex I of the Regulation but subject to the export control regime according to the provisions of Article 9, shall require an individual export authorisation.
(Extract from Article 10(1) of the GO 43/2022 on the control regime for operations concerning dual-use items).
8.12. Spain
The export of dual-use items not listed in Annex I of the Regulation and listed in Annex III.4 and Annex III.5 of the Royal Decree 679/2014 of 1 August 2014, shall be subject to authorisation.
(Art. 2(3)(a) - 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)
— |
1C901 ammonium nitrate (CAS 6484-52-2) in an explosive degree with a concentration of nitrogen of 31,5 % or more.
|
— |
5A901 radio frequency systems and equipment not specified in 5.A.1.f and 5.A.1.h, components and accessories, specially designed or modified to develop any of the following functions:
|
N.B. For GNSS disturbance systems, see also Military Goods Controls, Category 11.b.
— |
5A902 surveillance systems, equipment and components for public information and communication networks, not specified in Article 5A001 of Annex I to Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021, designed for any of the following functions:
Technical note: Call data includes signalling information, origin and destination (e.g. phone numbers, IP or MAC addresses, etc.), date and time and geographical origin of communication. Note: Article 5A902 does not control systems, equipment or components specially designed for any of the following purposes:
|
— |
5D902 software not specified in Article 5D001 of Annex I to Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 specially designed or modified for the development, production, use, functional configuration and performance control of surveillance systems, equipment and components specified in 5A902 |
8.13. Lithuania
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, including the prevention of acts of terrorism, or human rights considerations.
(The Law of the Republic of Lithuania on the Control of Strategic Goods No. XIV-1738, December 22, 2022).
The export of a list of dual-use items not included in Annex I is prohibited when exported through the state road border crossing points of the Republic of Lithuania with non-EU countries.
(Government Resolution No 512 of 28 June 2023, On the Application of National Control Measures Pursuant to Article 9 of Regulation (EU) 2021/821 of the European Parliament and Council, as amended by Resolution No. 888 of 15 November 2023).
National list of controlled dual-use items:
Combined Nomenclature (CN) code |
Description |
3818 |
Chemical elements doped for use in electronics, in the form of discs, wafers or similar forms; chemical compounds doped for use in electronics |
3824 |
Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included |
6909 |
Ceramic wares for laboratory, chemical or other technical uses; ceramic troughs, tubs and similar receptacles of a kind used in agriculture; ceramic pots, jars and similar articles of a kind used for the conveyance or packing of goods |
8420 10 81 |
Roll laminators of a kind used solely or principally for the manufacture of printed circuit substrates or printed circuits |
8421 21 |
Filtering or purifying machinery and apparatus for liquids, for filtering or purifying water |
8421 39 |
Filtering or purifying machinery and apparatus for gases, excluding intake air filters for internal combustion engines and excluding catalytic converters and other particulate filters, whether or not combined, for purifying or filtering exhaust gases from internal combustion engines |
8421 99 |
Parts of machinery and apparatus for filtering or purifying liquids or gases |
8424 89 40 |
Mechanical appliances for projecting, dispersing, or spraying of a kind used solely or principally for the manufacture of printed circuits or printed circuit assemblies |
8456 11 10 |
Machine tools for working any material by removal of material, operated by laser, for use solely or principally for the manufacture of printed circuits, printed circuit assemblies, parts of heading 8517 , or parts of automatic data processing machines |
8456 12 10 |
Machine tools for working any material by removal of material, operated by light or photon beam processes other than laser radiation, for use solely or principally for the manufacture of printed circuits, printed circuit assemblies, parts of heading 8517 , or parts of automatic data processing machines |
8457 |
Machining centres, unit construction machines (single station) and multi-station transfer machines, for working metal |
8458 |
Lathes (including turning centres) for removing metal |
8459 |
Machine tools (including way-type unit head machines) for drilling, boring, milling, threading or tapping by removing metal, other than lathes (including turning centres) of heading 8458 . |
8466 |
Parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465 , including work or tool holders, self-opening dieheads, dividing heads and other special attachments for the machines; tool holders for any type of tool for working in the hand. |
8471 |
Automatic data-processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified |
8473 |
Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8470 to 8472 |
8479 89 70 |
Automated electronic component placement machines of a kind used solely or principally for the manufacture of printed circuit assemblies |
8481 10 |
Pressure-reducing valves |
8481 30 |
Check (non-return) valves |
8481 80 |
Taps, cocks, valves and similar appliances for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves; excluding pressure-reducing valves, valves for oleohydraulic or pneumatic transmissions, check (non-return) valves and safety or relief valves |
8482 |
Ball or roller bearings |
8485 |
Machines for additive manufacturing |
8486 |
Machines and apparatus of a kind used solely or principally for the manufacture of semiconductor boules or wafers, semiconductor devices, electronic integrated circuits or flat panel displays; machines and apparatus specified in Note 11(C) to chapter 84; parts and accessories |
8501 |
Electric motors and generators (excluding generating sets) |
8504 |
Electrical transformers, static converters (for example, rectifiers) and inductors |
8505 |
Electromagnets; permanent magnets and articles intended to become permanent magnets after magnetisation; electromagnetic or permanent magnet chucks, clamps and similar holding devices; electromagnetic couplings, clutches and brakes; electromagnetic lifting heads |
8506 10 |
Manganese dioxide primary cells and primary batteries |
8506 50 |
Lithium primary cells and primary batteries. |
8507 |
Electric accumulators, including separators therefor, whether or not rectangular (including square) |
8517 |
Telephone sets, including smartphones and other telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443 , 8525 , 8527 or 8528 |
8518 10 |
Microphones and stands therefor |
8523 49 |
Optical media; other |
8523 80 |
Semiconductor media; other. |
8524 |
Flat panel display modules, whether or not incorporating touch-sensitive screens |
8525 |
Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders |
8526 |
Radar apparatus, radio navigational aid apparatus and radio remote control apparatus |
8528 |
Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus |
8532 |
Electrical capacitors, fixed, variable or adjustable (pre-set) |
8533 |
Electrical resistors (including rheostats and potentiometers), other than heating resistors |
8534 |
Printed circuits |
8535 |
Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, fuses, lightning arresters, voltage limiters, surge suppressors, plugs and other connectors, junction boxes), for a voltage exceeding 1 000 V |
8536 |
Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp holders, junction boxes), for a voltage not exceeding 1 000 V; connectors for optical fibres, optical fibre bundles or cables |
8537 |
Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536 , for electric control or the distribution of electricity, including those incorporating instruments or apparatus of Chapter 90, and numerical control apparatus, other than switching apparatus of heading 8517 |
8538 |
Parts suitable for use solely or principally with the apparatus of heading 8535 , 8536 or 8537 |
8541 |
Semiconductor devices (for example, diodes, transistors, semiconductor-based transducers); photosensitive semiconductor devices, including photo-voltaic cells whether or not assembled in modules or made up into panels; light-emitting diodes (LED), whether or not assembled with other light-emitting diodes (LED); mounted piezoelectric crystals |
8542 |
Electronic integrated circuits |
8543 |
Electrical machines and apparatus, having individual functions, not specified or included elsewhere in chapter 85 |
8544 |
Insulated (including enamelled or anodised) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectors |
8546 |
Electrical insulators of any material |
8548 |
Electrical parts of machinery or apparatus, not specified or included elsewhere in chapter 85 |
8704 |
Motor vehicles for the transport of goods. |
8906 |
Other vessels, including warships and lifeboats other than rowing boats |
9001 |
Optical fibres and optical fibre bundles; optical fibre cables other than those of heading 8544 ; sheets and plates of polarising material; lenses (including contact lenses), prisms, mirrors and other optical elements, of any material, unmounted, other than such elements of glass not optically worked |
9002 |
Lenses, prisms, mirrors and other optical elements, of any material, mounted, being parts of or fittings for instruments or apparatus, other than such elements of glass not optically worked |
9012 |
Microscopes other than optical microscopes; diffraction apparatus |
9020 |
Breathing appliances other than those of heading 9019 ; gas masks, excluding protective masks having neither mechanical parts nor replaceable filters |
9025 19 |
Thermometers and pyrometers, not combined with other instruments, excluding liquid-filled thermometers for direct reading |
9025 80 |
Barometers, not combined with other instruments, electronic and other, classified under heading 9025 80 . |
9027 20 |
Chromatographs and electrophoresis instruments |
9030 |
Oscilloscopes, spectrum analysers and other instruments and apparatus for measuring or checking electrical quantities, excluding meters of heading 9028 ; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionising radiations |
9031 |
Measuring or checking instruments, appliances and machines not elsewhere specified in chapter 90; profile projectors |
9032 |
Automatic regulating or controlling instruments and apparatus |
8.14. Slovenia
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 4(3) of the Act Regulating the Control of Exports of Dual-Use Items (Zakon o nadzoru izvoza blaga z dvojno rabo (Uradni list RS, št. 37/04, 8/10 in 29/23)
8.15. Italy
The export of dual-use items not listed in Annex I of the Regulation shall be subject to authorisation when their final destination is the Republic of Armenia, the Islamic Republic of Iran, the Republic of Kazakhstan or the Republic of Kirghizstan, and for the following items:
a) |
Spark-ignition reciprocating or rotary internal combustion piston engines, usable in the aviation sector. ‘Aviation sector’ means: aircrafts, unmanned aerial vehicles (the so-called UAVs), helicopters, gyroplanes, hybrid airplanes or radio-controlled models; |
b) |
Parts suitable for the use solely or principally with the engines referred to in letter a). |
(Decree of 10 July 2023, Italy’s OJ-General Series no. 165, 17 July 2023, page 14).
9. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 11(5) OF THE REGULATION (INTRA-COMMUNITY TRANSFERS)
Article 11(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 11(2)? |
BELGIUM |
NO |
BULGARIA |
YES |
CZECHIA |
YES |
DENMARK |
NO |
GERMANY |
YES |
ESTONIA |
YES |
IRELAND |
NO |
GREECE |
YES |
SPAIN |
NO |
FRANCE |
NO |
CROATIA |
YES |
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 |
YES |
9.1. Bulgaria
Bulgaria has extended intra-EU transfer controls as set out in Article 11(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 11(8) 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).
9.2. Czechia
Act No 594/2004 Coll. extends controls with regard to intra-EU transfers from the Czechia as set out in Article 11(2) of the Regulation.
9.3. Germany
Section 11 of the Foreign Trade and Payments Ordinance (Aussenwirtschaftsverordnung - AWV) extends controls with regard to intra-EU transfers from Germany as set out in Article 11(2) of the Regulation.
9.4. Estonia
The Strategic Goods Act §3(6) extends controls with regard to intra-EU transfers as stipulated in Article 11(2) of the Regulation.
9.5. 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 11(2) of the Regulation.
9.6. 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 11(2) of the Regulation.
(Law of 27 June 2018 on export control, Article 44).
9.7. 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 11(2) of the Regulation apply.
9.8. The Netherlands
An authorisation requirement for intra-EU transfers may be imposed in individual cases with regard to dual-use items.
(Article 4a(2) of the Decree for Strategic Goods - Besluit strategische goederen).
9.9. 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 11(2) of the Regulation.
9.10. Sweden
An authorisation requirement for intra-EU transfers may be imposed in accordance with article 11(2) of the Regulation with regard to dual-use items if the operator has been informed by the competent authority that the conditions in article 11(2)(a – b) are fulfilled.
For dual use items listed in Annex I of the Regulation an authorization requirement for intra-EU transfers may only be imposed if the operator has been informed by the competent authority that the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
If an operator is aware that dual use items listed in Annex I of the Regulation which they intend to transfer in accordance with article 11(2), are or may be intended for any of the uses referred to in Article 4(1) of the Regulation, the operator shall notify the competent authority, which may decide to impose an authorisation requirement.
(Section 4 e of the Dual-Use Items and Technical Assistance Control Ordinance (2000:1217))
9.11. Croatia
An authorisation requirement for intra-EU transfers may be imposed in individual cases with regard to dual-use items.
(Article 4(2) of the Act on Control of dual-use items, OG 83/2023)
10. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 11(8) OF THE REGULATION (INTRA-COMMUNITY TRANSFERS)
Article 11(8) 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 11(8)? |
BELGIUM |
NO |
BULGARIA |
YES |
CZECHIA |
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 |
10.1. 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).
10.2. 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).
11. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 12(6)(B) OF THE REGULATION (NATIONAL GENERAL EXPORT AUTHORISATIONS)
Article 12(6)(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 12(6)? |
BELGIUM |
NO |
BULGARIA |
NO |
CZECHIA |
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 |
YES |
PORTUGAL |
NO |
ROMANIA |
NO |
SLOVENIA |
NO |
SLOVAKIA |
NO |
FINLAND |
YES (but NOT in use) |
SWEDEN |
NO |
11.1. Germany
There are eleven 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 heat exchangers, valves and pumps; |
4 |
General Authorisation No 16 for the export of telecommunications and data security items; |
5 |
General Authorisation No 17 for the export of frequency changers. |
6 |
General Authorisation No 32 for the export of certain dual-use items to Ukraine (except for areas not controlled by the Ukrainian government) to (i) state agencies, institutions and organisations of the Ukrainian government, (ii) certain humanitarian aid agencies, (iii) certain media representatives, humanitarian aid workers, development workers and assigned personnel for these individuals, solely for their own use |
7 |
General Authorisation No 37 for the export of certain dual-use items to certain destinations |
8 |
General Authorisation No 38 for the export of certain software to certain destinations |
9 |
General Authorisation No 39 for the intra-EU transfer of certain items controlled by Annex IV to Regulation (EU) 2021/821 |
10 |
General Authorisation No 40 for the export of certain chemicals to certain destinations |
11 |
General Authorisation No 41 for the export of spare parts listed in Annex I to Regulation (EU) 2021/821 under certain conditions |
11.2. Greece
A National General Export Authorisation applies for export of certain dual-use items to the following destinations: Argentina, Republic of Korea, Russian Federation, Ukraine, Turkey and South Africa.
(Ministerial Decision No 125263/e3/25263/6-2-2007).
11.3. France
There are eight 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). |
8 |
National General Export Authorisation for the export of low-value dual-use items (Ministerial Order of 25 June 2021 published in the Official Journal of the French Republic of 25 July 2021 – Text 11). |
The specific items covered by the authorisations are set out in the relevant decrees.
11.4. Croatia
A National General Export Authorisation for the export of dual-use items in accordance with Article 12(6) of the Regulation may be issued by the Ministry of Foreign and European Affairs.
(Article 11(4) of the Act on Control of Dual-Use Items, OG 83/2023).
11.5. 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).
11.6. 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)) |
11.7. Austria
There are three National General Export Authorisations in force in Austria:
1 |
|
||
2 |
|
||
3 |
|
The details of these authorisations are set out in Sections 3a 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 Section 16 of the same Ordinance.
11.8. Finland
A National General Export Authorisation for the export of dual-use items in accordance with Article 12(6) 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).
11.9. Poland
A National General Export Authorisation ‘ZG-PL-DU-1’ applies for export of dual-use items specified in the entry 9A012a1 of the Annex I to Ukraine.
(Regulation of the Minister of Development and Technology for National General Export Authorization (Journal of Laws of 2022, item 1567, as amended).
12. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 22 OF THE REGULATION (SPECIALLY EMPOWERED CUSTOMS OFFICES)
Article 22 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 22(1), in which customs formalities for the export of dual-use items may be completed? |
BELGIUM |
NO |
BULGARIA |
YES |
CZECHIA |
NO |
DENMARK |
NO |
GERMANY |
NO |
ESTONIA |
YES |
IRELAND |
NO |
GREECE |
NO |
SPAIN |
NO |
FRANCE |
NO |
CROATIA |
NO |
ITALY |
NO |
CYPRUS |
NO |
LATVIA |
NO |
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 |
12.1. 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:
12.2. 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
12.3. 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
12.4. 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
12.5. 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
13. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLES 23(1)(A) OF THE REGULATION (NATIONAL AUTHORITIES EMPOWERED TO: GRANT EXPORT AUTHORISATIONS FOR DUAL-USE ITEMS; GRANT AUTHORISATIONS UNDER THE REGULATION FOR THE PROVISIONS OF BROKERING SERVICES AND TECHNICAL ASSISTANCE; PROHIBIT THE TRANSIT OF NON-UNION DUAL-USE ITEMS UNDER THE REGULATION)
Article 23(1)(a) of the Regulation requires the Commission to publish the list of authorities empowered to:
— |
grant export authorisations for dual-use items; |
— |
grant authorisations under the Regulation for the provision of brokering services and technical assistance; |
— |
prohibit the transit of non-Union dual-use items under the Regulation. |
13.1. 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
Internet: 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
Internet: 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
Internet: www.fdfa.be/csg
13.2. 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
Internet: www.exportcontrol.bg; http://www.mi.government.bg
13.3. Czechia
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
Internet: www.mpo.cz
13.4. 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
13.5. 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
Internet: http://www.bafa.de/Ausfuhr
13.6. 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
13.7. Ireland
Trade Regulation and Investment Screening Unit |
Department of Enterprise, Trade and Employment |
Earlsfort Centre |
Lower Hatch Street |
Dublin 2 |
IRELAND |
Contact: Yvonne Cassidy
Tel. +353 16312328,
Email: exportcontrol@enterprise.gov.ie yvonne.cassidy@enterprise.gov.ie
Internet: https://enterprise.gov.ie/en/what-we-do/trade-investment/export-licences/
13.8. Greece
Ministry of Foreign Affairs |
General Secretariat of International Economic Relations and Openness |
B6 Directorate for Multilateral Economic Relations and Trade Policy |
Zalokosta str. 10 |
106 71 Athens |
GREECE |
Tel. +30 2103682785, -2786, - 2762, -2758
Email: db6@mfa.gr; db6.licences@mfa.gr
13.9. 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
13.10. 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 179843419
Email: doublusage@finances.gouv.fr
Internet: https://www.entreprises.gouv.fr/biens-double-usage
13.11. Croatia
Ministry of Foreign and European Affairs |
Directorate for Economic Affairs and Development Cooperation |
Export Control Division |
Trg N. Š. Zrinskog 7-8 |
10000 Zagreb |
CROATIA |
Tel. +385 14598123, +385 14598122
Fax +385 14597788
Email: kontrola.izvoza@mvep.hr
Internet: https://mvep.gov.hr/o-hrvatskom-izvozu/kontrola-izvoza/export-control/245193
13.12. Italy
Ministry of Foreign Affairs and International Cooperation |
National Authority – UAMA (Unit for the Authorizations of Armament Materials) |
1 Piazzale della Farnesina |
00135 Rome |
ITALY |
Tel. +39 0636912853
Email: uama.dualuse@esteri.it; uama.dualuse@cert.esteri.it; giovanni.brignone@esteri.it
Internet: https://www.esteri.it/mae/it/ministero/struttura/uama/legislazione.html
13.13. Cyprus
Ministry of Energy, Commerce and Industry |
6, Andrea Araouzou |
1421 Nicosia |
CYPRUS |
Tel. +357 22867100, 22867197
Fax +357 22375120, 22375443
Email: pevgeniou@meci.gov.cy
Internet: http://www.meci.gov.cy/MECI/trade/ts.nsf
13.14. Latvia
Control Committee for Strategic Goods |
Chairman of the Committee: Mr Andris Pelšs |
Executive Secretary: Mr Nauris Rumpe |
Ministry of Foreign Affairs |
3, K. Valdemara street |
Riga, LV-1395 |
LATVIA |
Tel. +371 67016426
Email: nauris.rumpe@mfa.gov.lv
13.15. Lithuania
Authority empowered to grant export authorisations for dual-use items and authorities empowered to grant authorisations for the provision of brokering services, technical assistance and transit:
Ministry of Economy and Innovation of the Republic of Lithuania |
Gedimino ave. 38 |
LT-01104 Vilnius |
LITHUANIA |
Contact details:
Strategic Goods and Sanctions Policy Directorate
Tel. +370 65906035, +370 65915769
Email: vienaslangelis@eimin.lt
Internet: 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
13.16. Luxembourg
1) |
Minister responsible for Foreign Trade |
2) |
Minister responsible for Foreign Affairs |
Postal Address
Ministère de l’Economie |
Office du contrôle des exportations, importations et du transit (OCEIT) |
19-21 Boulevard Royal |
L-2449 Luxembourg |
LUXEMBOURG |
Tel. +352 226162
Email oceit@eco.etat.lu
13.17. 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
Internet: http://mkeh.gov.hu/haditechnika/kettos_felhasznalasu
13.18. Malta
Commerce Department |
Mr Brian Montebello |
Trade Services |
MALTA |
Tel. +356 25690214
Fax +356 21240516
Email: brian.montebello@gov.mt
13.19. 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
Internet: www.rijksoverheid.nl/exportcontrole
13.20. Austria
Federal Ministry of Labour and Economy |
Department for Export Controls |
Stubenring 1 |
1010 Vienna |
AUSTRIA |
Tel. +43 171100802335
Fax +43 171100808366
Email: exportkontrolle@bmaw.gv.at
Internet: https://www.bmaw.gv.at/Themen/Exportkontrolle
13.21. 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
13.22. 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
13.23. Romania
Ministry of Foreign Affairs |
Department for Export Controls — ANCEX |
Str. Polonă nr. 8, sector 1 |
010501, Bucureşti |
ROMANIA |
Tel. +40 374306905, +40 374306935, +40 374306950
Email: dancex@mae.ro Internet: www.ancex.ro
13.24. Slovenia
Ministry of Economic, Tourism and Sport |
Kotnikova ulica 5 |
SI-1000 Ljubljana |
SLOVENIA |
Tel. +386 14003564
Fax +386 14003588
Email: gp.mgts@gov.si
Internet: https://www.gov.si/teme/nadzor-strateske-trgovine/
13.25. 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 248544059
Fax +421 243423915
Email: Monika.Maruniakova@mhsr.sk
Internet: 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 258251221
Email: Jozef.Pullmann@financnasprava.sk
13.26. Finland
Ministry for Foreign Affairs of Finland |
Export Control Unit |
Merikasarminkatu 5F |
FI - 00160 HELSINKI |
Postal address:
PO Box 176 |
FI-00023 GOVERNMENT |
FINLAND |
Tel. +358 295350000
Email: KPO-40@gov.fi
Internet: http://formin.finland.fi/vientivalvonta
13.27. Sweden
1. |
Inspectorate of Strategic Products (ISP) Inspektionen för strategiska produkter
|
Tel. +46 84063100
Fax +46 84203100
Email: registrator@isp.se.
Internet: http://www.isp.se/
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
|
Tel. +46 87994000
Fax +46 87994010
Email: registrator@ssm.se
Internet: http://www.ssm.se
The Swedish Radiation Safety Authority is empowered to grant authorisations on and prohibit transit of products in Annex 1, Category 0, to the Regulation.
(1) Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (OJ L 206, 11.6.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/821/oj).
ELI: http://data.europa.eu/eli/C/2024/5881/oj
ISSN 1977-091X (electronic edition)