What Commission Delegated Regulation (EU) 2023/996 of 23 February 2023 amending Regulation (EU) 2021/821 of the European Parliament and of the Council as regards the list of dual-use items requires
Commission Delegated Regulation (EU) 2023/996, adopted on 23 February 2023 and published in the Official Journal of the European Union on 25 May 2023, amends Regulation (EU) 2021/821 by replacing Annex I thereto with an updated common list of dual-use items subject to Union export controls. Pursuant to Regulation (EU) 2021/821, dual-use items are to be subject to effective control when they are exported from or in transit through the Union, or are delivered to a third country as a result of brokering services provided by a broker resident or established in the Union. The list of dual-use items contained in the Annex implements internationally agreed dual-use controls including the Australia Group, the Missile Technology Control Regime (MTCR), the Nuclear Suppliers Group (NSG), the Wassenaar Arrangement, and the Chemical Weapons Convention (CWC). The update was necessitated because the control lists adopted by the international non-proliferation regimes and export control arrangements were changed during 2022, and therefore Annex I to Regulation (EU) 2021/821 was amended to include items subject to control under the Australia Group. The Regulation is binding in its entirety and directly applicable in all Member States, entering into force on the day following that of its publication in the Official Journal of the European Union.
Pillar: Legal & IP Sovereignty · Authority: The European Commission · Version: 1.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R0996
SHA-256 integrity: 1443cfcb046d6d9d0be7aaa67be0da704272cc1b23d10a6b4023f82f4282cfa5
Primary Citations — 10 traced to source
- Recital 1: 'Pursuant to Regulation (EU) 2021/821 dual-use items are to be subject to effective control when they are exported from or in transit through the Union, or are delivered to a third country as a result of brokering services provided by a broker resident or established in the Union.'
- Recital 2: 'Annex I to Regulation (EU) 2021/821 establishes the common list of dual-use items that are subject to controls in the Union. Decisions on the items subject to controls are taken within the framework of internationally agreed dual-use controls.'
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