New Dual Use Regulation: What's New?

On 9 September 2021, the EU Regulation 821/2021 on Dual Use will come into force.

The European legislator has, in fact, considered it essential to reform the treatment of dual-use goods, abolishing Regulation 428/2009 and exchanging it with EU Regulation 821/2021.

What changes?

• The main changes introduced by EU Regulation 821/2021 concern an integration of the definitions of the previous Regulation and an extension of the legislation relating to technical assistance, or to any repair, improvement, manufacturing, assembly, testing, maintenance or other activity service on products considered to be dual use.

Another relevant aspect concerns the entry of a new macro category of dual use goods, such as "IT surveillance products".

• Relevant aspects of EU Regulation 821/2021:

The PIC: The EU Regulation 821/2021 also renews the procedural aspect of the granting of authorizations, on the basis of the faculty for Member States to evaluate requests for authorization on the basis of the PIC (Internal Compliance Program). This provides for greater responsibility on the part of economic operators with regard to the export of dual-use items.

The "Catch All" clause: is a provision envisaged by EU Regulation 821/2021 which allows Member States to subject products that do not fall within the category of those listed therein to the discipline of dual use controls.