Normally the EU Dual List is updated once a year following the changes made to their Lists by the International Control Regimes. In the past, the EU has typically taken about 8 months from the changes made by the Wassenaar Arrangement in December to change the List. We have seen the updates come through in previous years between July and September the following year.
The latest revision to the Regulation was made in August 2009 when Regulation 428/2009 was published. Since then, there have been no updates at all and so Regime Changes for 2009 and 2010 are still not in EU Law. You may think this is good if your goods have been brought under control in either of those years but the majority of the changes are for releases from control. These have not been introduced and so many exporters are still having to apply for export licences when their governments, as part of the Regime, have agreed to de-control the goods.
The reason for this delay is a change to the structure within the European Community following the adoption of the Lisbon Treaty. Prior to this, only the European Council had oversight of the List. Now the European Parliament also has an input and much of the last two years has been taken up with the two parties deciding who should see the List first and what the procedures should be.
It seems that the wait is almost over. An updated List with both the 2009 and 2010 changes is now being considered and after translation and publication we can expect the new List early in 2012.
The practical problem that this delay has given is that the US has updated its List twice while we have been waiting for an EU update. Anyone who uses classifications from a US Supplier needs to be very careful as the information provided by the US against their Lists may show that the item is no longer controlled. However, if their goods fall into one of the entries that the EU has not updated, a licence will still be required from the EU and from any country that follows the EU List (e.g Singapore, Australia).
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