Export control on dual use goods in the European Union

As recalled by the EU WMD Strategy and the New Lines of Actions for combating proliferation, export control on dual use goods is an important barrier against proliferation, together with nuclear security and nuclear safeguards, to which it is linked through the Additional Protocol (INFCIRC 540). This requires export declarations for fifteen nuclear activities listed in Annex I, according to the list of controlled items foreseen in Annex II, derived from the NSG Trigger list. The export control legal framework in the European Union is set by Council Regulation 428/2009, which sets out the general framework for EU-wide controls on exports, brokering and transit, and introduces controls on intangible technology transfers as foreseen by UN Security Council Resolution 1540. Enforcement by customs is ruled by the Community Customs Code and its recent security amendments, founded on the Commission Decision on establishment of common risk criteria and standards for security and safety risk analysis. This is applied since 1 January 2011, and introduces a strong legal mechanism for the equivalent application of customs controls and treatment of the legitimate trade (AEO) at the EU external borders. It is aimed towards identifying high-risk consignments / goods that could have serious implications on the security and safety of the EU and its citizens, and contains a set of common risk criteria to be applied in the Member States' automated risk analysis systems in order to continuously screen advance electronic cargo information for security and safety purposes. The present paper will provide an overview of the export control process in the EU, underlining the main issues and challenges.

SEVINI Filippo;  JANSSENS Willem;  TIMMERMANS Peter;  MACLEAN Finlay; 

2012-02-07

Publications Office of the European Union

JRC65955

978-92-79-18525-0,   

1018-5593,   

http://bookshop.europa.eu/en/esarda-33rd-annual-meeting-pbLBNA24882/,    https://publications.jrc.ec.europa.eu/repository/handle/JRC65955,   

10.2788/33444,