Scope:

Evaluation of Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.

The process was conducted in several steps as follows:

• Green Paper – "the dual-use export control system of the European Union: ensuring security and competitiveness in a changing world" (COM(2011) 393 final, 30 June 2011);

• Staff Working Document - reporting on the conclusions of a public consultation launched under the Green Paper COM(2011) 393 (SWD (2013)7, 17 January 2013);

• Report to the Council and the European Parliament on the implementation of Regulation (EC) N^o 428/2009 (COM (2013)710, 16 October 2013);

• Communication on the review of export control policy (COM/2014/244, 24 April 2014).

Evaluation findings:

The evaluation concluded that the EU export control regime is generally considered robust and provides solid legal and institutional foundations, but cannot remain static and must be re-evaluated and upgraded in order to face new challenges and generate the modern control capabilities the EU needs for the coming period.

The findings have fed into a Communication outlining a long-term vision for EU strategic export controls and to update the EU's export control regime to rapidly changing technological, economic and political circumstances (COM(2014)244).

The Communication maps the direction for EU export controls and identifies concrete policy options for their modernisation and their adaptation to rapidly changing technological, economic and political circumstances, including a number of options with potential impact on regulatory burden and simplification of procedures.

Which objective(s) did the Commission pursue?

With its proposal, the Commission aimed at

• Adjusting the EU dual-use export control system to evolving security risks and threats and adapting it to rapid technological and scientific developments;

• Preventing the export of cyber-surveillance technology in violation of human rights;

• Reducing competitive distortions and administrative costs within the Single Market;

• Levelling the global playing field;

• Ensuring the effective and consistent application of controls in the EU.

It also aimed at clarifying the implications of any change to the control parameters in terms of, on the one hand, ensuring an appropriate level of security and, on the other hand, maintaining EU competitiveness, including any regulatory simplification and reduction of the administrative burden, e.g. in relation to the simplification of licensing procedures for certain exports.

Outcome of Legislative Procedure

The new Regulation introduces a novel "human security dimension", to respond to challenges posed by emerging dual-use technologies, especially cyber-surveillance technologies and updates some key notions and definitions. The new regulation simplifies and harmonises licensing procedures and will allow the Commission to amend, by delegated acts, the list of items or destinations subject to specific forms of control, making the export control system more able to adjust to circumstances. It provides for enhanced information-exchange between the licensing authorities and the Commission, with a view to increasing transparency on licensing decision, and supports the coordination of the enforcement of controls, through the establishment of an Enforcement Coordination Mechanism.

In addition, the new Regulation calls for the development of an EU capacity-building and training programme for Member States’ licensing and enforcement authorities, for the development of a "partnership with the private sector", and for engagement with partners to ensure the global convergence of controls and a level-playing field.