Holst, newsletter November 2016: Dual-Use – Recent changes
Dual-Use is a hot topic within the European Union at the moment. On 28 September 2016 the European Commission published its proposal for amendments to Council Regulation (EC) No. 428/2009 (the EU Dual-Use Regulation). And on 12 September 2016 the European Commission adopted its annual Delegated Regulation which updates the EU dual-use control list.
Amendments to the EU Dual-Use Regulation The European Commission has published a proposal for amendments to the EU Dual-Use Regulation. The proposal consists mostly of amendments to existing provisions of the EU Dual-Use Regulation. The proposal, however, also introduces new provisions to control the export of certain specific cyber-surveillance technology, an area which has not previously been subject to
The regulation of this new category of goods and technology is in line with the system already known from the other categories covered by the EU Dual-Use Regulation. The regulation thus sets out a two-fold approach, combining detailed controls of a few specific listed items with a “targeted catch-all clause” to act as an “emergency brake” in cases where there is evidence of a risk of misuse.
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