On September 5, 2024, the European Commission published a Delegated Regulation, updating the list of dual-use items contained in Annex I to Regulation (EU) 2021/821 (the “EU Dual Use List“)
The EU Dual Use List is updated annually, to ensure it remains aligned with multilateral export control regimes, including the Wassenaar Arrangement, the Missile Technology Control Regime, the Nuclear Suppliers Group and the Australia Group.
The Delegated Regulation will only take effect the day after it is published in the Official Journal of the EU, which is expected later this year.
The amendment replaces Annex I to the EU Dual Use List with an up-to-date list of dual-use items subject to export controls, including updates to certain technical definitions, control parameters and descriptions. These amendments reflect technological advances and are designed to provide a more precise definition and control mechanism for dual-use items. There are changes to a number of categories of items, including the following:
- Category 0 (Nuclear Materials) including for changes to specifications for heavy water production plants and related equipment;
- Category 1 (Special Materials) including updates to composite structures specifications and platinized catalysts.
- Category 2 (Materials Processing) including clarifications on vibration test systems and toxic gas monitors.
- Category 3 (Electronics) including modifications to frequency thresholds for various electronic components.
- Category 5 (Telecommunications and Information Security) including certain updates to cryptography-related definitions and specifications.
- Category 6 (Sensors and Lasers) including numerous technical specification updates, particularly in acoustic systems and optical equipment.
- Category 7 (Navigation and Avionics) including certain minor updates and clarifications.
- Category 8 (Marine): including certain changes to specifications for underwater/submersible vehicles and propulsion systems. Category 9 (Aerospace and Propulsion) including updates to specifications for rocket propulsion systems and related components.
The EU’s updates to the EU Dual Use List follow a number of EU Member States introducing unilateral export controls over recent months, including the Netherlands, France, Spain and Italy. Please see our previous blog posts on these developments here and here.
