It has been three years since the last update to the European Dual Use Items Regulation and at last the Commission has published an update to Regulation 428/2009.
The new Regulation, 388/2012, was published in the Official Journal (L129) on the 16th May. This means that it will come into force 30 days later on the 15th June 2012.
Normally the Dual Use Items Regulation is updated once a year to reflect changes agreed by the International Non-Proliferation Regimes (Wassenaar Arrangement, Missile Technology Control Regime, Nuclear Suppliers Group and the Australia Group). These regimes have continued to update their lists and make changes annually.
However, the introduction of the Lisbon Treaty meant the European Parliament had oversight of the legislation and a significant amount of time has been spent on agreeing a process where both bodies can do so. By the time this had been agreed, both the 20and 2010 regime changes needed to be made and so Regulation 388/2012 represents more changes than normal. Hopefully we will soon see the 2011 changes incorporated in another Regulation and so should see Regulation XXXX/2012 later this year to bring the legislation fully up to date.
There has been an impact on Industry who have been waiting for these changes. The US has not had these problems and has continued to amend the Commerce Control Lists annually to reflect the regime changes. Where there have been relaxations, US exporters have benefitted by not needing licences while EU exporters have had to continue to obtain them.
International companies have had to keep two lists of data on the status of their products – one for the EU and one for the US. It has also had an impact on those countries that have decided to base their systems on the EU List. They are dependent on the EU for the List data and have also fallen behind while waiting for the EU changes.
So now is the time for action for anyone who has licensable Dual Use goods. You need to go to the Europa website and check whether the goods you have classified as licensable still are.
!! Remember that these changes won’t come into force until the 15th June, so you have just over 3 weeks to work out if any of your goods have now fallen out of control and be ready to change their classifications on the into force date.!!
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