On Thursday 6 January 2022, the European Commission published Delegated Regulation (EU) 2022/1, updating the list of dual-use items contained in Annex I to Regulation (EU) 2021/821 (the “EU Dual Use List”).

Regulation (EU) 2021/821, which was published in June last year and came into effect on 9 September last year, introduced key changes to modernise the EU export controls regime for dual use items. Please see our previous post for an overview of changes, and get in touch with our team to receive our detailed analysis and client alert.

The EU Dual Use List is updated by the European Commission each year to ensure it remains aligned with the control lists of relevant international non-proliferation regimes, in which Member States (and the EU itself) participate. Since the work of the non-proliferation regimes during 2020 and 2021 was disrupted by the pandemic there were few substantive changes to these lists, and the majority of amendments introduced by the update are editorial or correct spelling and typographic mistakes in the previous version of the EU Dual Use List.

The European Commission also published an updated edition of the correlation tables between TARIC and Dual use codes, on 7 January 2022.

Author

Ross Evans is a Senior Associate in the EU, Competition and Trade team in London, who specializes in advising companies in the technology, telecoms, engineering, and fintech sectors on how to manage a rapidly changing landscape of competition/antitrust, trade law, and national security and investment regimes. He regularly advises clients in relation to UK public interest intervention rules and national security and investment issues, and on global foreign investment review strategy, leveraging his expertise in trade and export control laws and competition merger control regimes, and an in-depth understanding of emerging technologies.