Delegated Regulation (EU) 2020/1749 – Community regime for the control of exports, transfer, brokering and transit of dual-use items

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The Commission Delegated Reg. (EU) 2020/1749 was published on 14/12/2020 in the Official Gazette OJEU L 421, amending Reg. EC 428/2009 establishing a Community regime for the control of exports, ” intermediation and transit of dual-use products, ie those goods including software and technologies, which can have both civil and military use. They include all goods which may have either non-explosive use or some use in the manufacture of nuclear weapons or other nuclear explosive devices.

The changes concerned in particular annexes I, from II bis to II octies and IV of the EC Reg. 428/09.

We remember that:
– Annex I of Regulation (EC) no. 428/2009 establishes, as regards exports / transfers outside the territory of the EU, the common list of dual-use items that require specific authorization to be exported;
– Annexes II bis to II septies of Regulation (EC) no. 428/2009 establish the general export authorizations of the Union;
– Annex II octies of Regulation (EC) no. 428/2009 establishes a list of dual-use items to be excluded from the scope of national general export authorizations and Union general export authorizations;
– while Annex IV of Regulation (EC) no. 428/2009 establishes the authorization requirements for the transfer of certain assets within the EU.

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