EU Control List Update

The European Commission is revising the list of dual use items subject to EU export, transit and brokering controls. This briefing summarises the main new and deleted entries, primarily concerning machine tools, avionics technology and aircraft wind-folding systems, spacecraft equipment and civil Unmanned Aerial Vehicles. 

The European Commission has adopted an amendment to Council Regulation 428/2009 to update the Annexes listing the dual use goods, software and technology subject to controls. The changes will enter into force in two months unless the European Council or the European Parliament object, or earlier if both inform the Commission that they do not object. 

The updates take account of the latest scientific, technological, industrial and commercial developments, implementing over 100 amendments agreed by the multilateral Export Control Regimes in 2014. 

The EU dual use list was last amended on 31 December 2014 to implement changes agreed by the Export Control Regimes dating back to 2011. This latest update will put into practice a new procedure delegating powers to the European Commission to make such changes more rapidly and responsively, to ensure full compliance with international security obligations, to guarantee transparency and to maintain the competitiveness of EU exporters. 

New Controls 

New or amended controls and Notes will be introduced on the following items: 

• Fibre laser components (6A005e3, a, b & c) 
• Laser materials and rare-earth doped fibres (6C005a & b and Notes) 
• Technology for fly-by-wire systems (7E004b7a & b and Notes, and 7E004b8, a & b) 
• Software for the alignment of mirrors (6D003d) 
• Technology for surface-effect vehicles, hydrofoil vessels and small waterplane area vessels (8E002c1, 2, 3 & 4) 
• Combustion chambers and nozzles (9A106e) 
• Unmanned Aerial Vehicles (9A112, a & b) 
• Software for spacecraft payload and telemetry equipment (9D005) 
• Technology for development of wing-folding systems (9E003j & new Nota Bene) 

Decontrols and Deletions 

New decontrols will be introduced for certain router, switches and relays, and certain servers. Controls to be deleted are as follows: 

• Surface effect vehicles (fully skirted) (8A001f) 
• Surface effect vehicles (rigid sidewalls) (8A001g) 
• Hydrofoil vessels (8A001h) 
• Small waterplane area vessels (8A001i) 
• Skirts, seals and fingers (8A002k) 
• Lift fans (8A002l) 
• Hydrofoils (8A002m) 
• Active control systems (8A002n) 
• Certain water-screw propeller systems (8A002o1) 

What Businesses Need to Do and How Dechert Can Help 

If you are a producer, exporter, broker or shipper of dual use goods, check the list of changes. If any of the changes will apply to your business, and particularly if they will require you to obtain new export licences, you should make necessary changes to your export control procedures before the changes enter into force in December, potentially sooner.