Dual-use overview: Published the annual EU Commission Regulation updating the list of dual-use goods

The EU Commission Regulation updating the list of dual-use items (the “Regulation”) was published on December 15.[1]

These updates reflect the most recent decisions under the Wassenaar Arrangement (“WA”), Missile Technology Control Regime, and Nuclear Supplier Group (“NSG”) in 2022. As a matter of fact, companies are now required to conduct further assessments on their products and, if necessary (i) update their dual-use goods lists and (ii) carry out all the consequent activities (e.g., UAMA authorization and ancillary communications and fulfillment with the relevant authorities), in order to ensure full compliance with the Regulation.

The Regulation is effective as of December 16, 2023, though it was first presented by the EU Commission on September 15, 2023: indeed, its entry into force was subject to the Council and the EU Parliament abstaining from raising any objections within a two-month period.

The most substantial changes mainly relate to:

  • the control parameters for manufacturing equipment (NSG) and high-performance computers and of lasers (WA); and
  • inclusion of propulsion motors for submersible vehicles and technology for the development of gas turbine engines for aircraft (WA).

Furthermore, the Regulation includes some formal amendments, i.e., adjustment of technical definitions, notes and descriptions, and editorial changes.

The EU Commission drafted a document devoted to summarizing all the relevant amendments and updates, available here.

[1] The Regulation (No. 2023/2616), published in the EU Official Journal, amends Annex I of the Regulation of the EU Parliament and of the Council No. 2021/821 (“Dual Use Regulation”) and is available at this following link.

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