EU: Exports of "dual-use" technology: Council's updated negotiating position


The Council's latest negotiating position on the proposed Regulation on "dual-use" exports.

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PROPOSAL FOR A REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast) - Mandate for negotiations with the European Parliament (11747/20, LIMITE, 16 October 2020, pdf)

"Coreper is invited to endorse the text as set out in the Annex, thus granting a negotiating mandate on this basis with a view to a fifth trilogue allowing for a finalization of the recast negotiations. Changes to the initial Commission proposal (12785/16) are indicated in bold. Changes to the previous mandate for negotiations (9643/20) are marked in bold underlined (cf. recitals 1a, 5a, 5b, and 14, as well as Art. 24.4), deletions are indicated with […]."

The Council has added certain (non-binding) recitals on "cyber-surveillance items":

"(1a)... With regard to cyber-surveillance items, the competent authorities of the Member States should in particular consider the risk of use in connection with internal repression or the commission of serious violations of international human rights and international humanitarian law."

"(5b)   With a view to strengthen the effective controls of exports of non-listed cyber-surveillance items it is essential to further harmonize the application of catch-all controls in this area. To this end, Member States are committed to support the controls by sharing information amongst each other and the Commission, in particular regarding technological developments of cyber-surveillance items, and by exercising vigilance in the application of such controls to promote an exchange on EU level."

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