REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation of Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items, including a report on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) No 599/2014 of the European Parliament and the Council of 16 April 2014 amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items
1. The current EU Dual-Use Regulation (also known as Regulation (EC) No 428/2009), as amended, requires the Commission under Article 23(3) to prepare and publish an annual report to the European Parliament and the Council on the work programme of the Dual-Use Coordination Group (DUCG) and additionally under Article 25(2) to publish, every three years, an implementation and impact assessment report..
2. The EU Commission’s report has been prepared with input from Member States in the DUCG and provides information on the implementation of the Regulation in 2018 and aggregated export control data for 2017. The report does not contain any new proposals for legislation.
It should be noted that dual-use items are goods, software and technology which can be used for both civilian and military purposes or can be used in connection with weapons of mass destruction. Annex 1 of the Regulation sets out the list of the controlled dual-use items. These are subject to periodic amendments, generally on an annual basis, with items being added, removed or subject to amendment to reflect changes in technology. Items subject to export control, may not be exported or, in the case of the most sensitive items, transferred without a licence issued by the competent authority of the Member State where the exporter is established . Implementation of the controls, including the administrative and operational procedures of the Member States’ competent authorities and, crucially, the decision making on licences, is a matter for the Member States themselves. In the UK, the relevant export licensing authority is the Export Control Joint Unit (which is a joint unit hosted by the Department for International Trade).