On Wednesday 28 September, the European Commission tabled a proposal to modernise and strengthen EU controls on exports of dual-use items, including those involving brokerage, transit and technical assistance, in an effort to tackle newly emerging risks. This draft regulation amends the previous regulation adopted in 2009.
In addition to civilian applications, goods and technologies may also be misused for serious human rights violations, terrorist acts or the development of weapons of mass destruction. One main element of the proposal is a new "human security" dimension in export controls, to prevent human rights violations associated with certain cyber-surveillance technologies.
The proposal also simplifies and harmonises the existing export control rules for these products, in order to save time and money for EU exporters of dual use items and for national authorities.
Trade Commissioner Cecilia Malmström is behind the initiative to support the proposal, together with Commission Vice President for Employment, Growth, Competitiveness and Investment Jirki Katainen. "We are living in turbulent times. Preserving peace and protecting human rights are core objectives of the EU and our trade policy is essential to that aim. That's why we are proposing a set of modern rules to make sure that exports are not misused to threaten international security or undermine human rights", Malmström stated.
In addition to an update of the text in order to take into account the entry into force of the Lisbon Treaty, the proposed text also amends the existing regime on several points by seeking to establish a balance between the need to guarantee a high level of security, whilst maintaining sufficient transparency and competitiveness amongst companies involved in the legitimate trade of dual use items.
One source close to the dossier at the Commission explained that this also seeks to simplify control procedures and introduce general export authorisations, which would cost companies four times less than they are currently paying for individual licences. This source also explained that it would be used to simplify controls on the transfers of dual use technologies.
The new text also aims at harmonising controls within the EU on brokerage activities, technical assistance and the transit of dual use items.
The proposal aims to implement specific measures to prevent the illicit use of dual use items for terrorist purposes.
In addition, it also seeks to enable the EU to prevent the export of technologies that facilitate data collection and cybernetic surveillance, when these are likely to be used for repressive purposes, human rights violations or in armed conflicts.
A whole range of materials, technologies and equipment used in nuclear reactors, aviation, marine related activities, information technology and communications, electronics, sensors and lasers, as well as propulsion will be covered.
The Commission initiative is based on the consensus reached in 2014 between the European Parliament, Council and Commission on the need to constantly enhance efficiency and coherency on the control regime for strategic EU exports and to modernise this regime in order to adapt it to new threats and rapidly evolving technologies. This text is now being sent to the European Parliament and Council for their examination. (Original version in French by Emmanuel Hagry)