2023 Update of the EU Checklist for Dual-Use Goods

Introduction

The European Commission recently adopted an Implementing Regulation to update the EU control list for dual-use goods. This update ensures that the list is consistent with decisions by multilateral export control regimes, including the Wassenaar Arrangement, the Ballistic Missile Technology Control Regime, the Nuclear Supplier Group and the Australia Group.

The update includes changes in the control parameters of production equipment, high-performance computers, lasers, propulsion systems for submarines and technology for developing gas turbine engines for aircraft. It also includes adjustments to technical definitions, notes, descriptions and editorial changes.

Following approval by the Council and the European Parliament, the Commission’s Implementing Regulation entered into force in mid-December.

List of updates

Due to the recent update of the EU control list for dual-use goods, it is necessary to review and reassess your classification. Changes in control parameters, technical definitions and other aspects may affect the classification of certain goods. By re-evaluating your classification in light of these changes, companies can comply with trade regulations and reduce the potential risks of international trade. It is essential to stay abreast of these updates and make any required adjustments to maintain trade compliance and avoid inadvertent violations.

To help guide your process, here is a list of key changes and editorial changes:

• 1B001 Technical Note 1, 7D004 Note, 7E004.b are all updated by connecting “program” to the global definition.
• 2B209.b and 2B228.c parameter of cylindrical rotors inner diameter changed from 400 mm to 650 mm.
• 4D001.b.1 (software) and 4E001.b.1 (technology) parameter of the digital computers adjusted peak performance (APP) changed to 24 (from 15) Weighted TeraFLOPS (WT).
• 6A005.b.3.a.2 (non-tunable pulse lasers) parameter updated to an “average output power” of over 80W instead of the previous 50W.
• 6A005.d.1.a.1 & .2 (semiconductor lasers) parameters updated to wavelength over 1570 nm (over 1510 nm) and CW output power from 2.0 W instead of the previous 1.5 W.
• 6B007 modified formulation of the apparatus described to be less than 0.1 mGal (better).
• 8A001.c.1.c (unmanned submarines) has been updated from optical to wireless optical data or command link over 1,000 m.
• 8A002.o.2.b (marine) updated to engines instead of motors and 8A002.o.2.c motors or permanent magnetic electric propulsion replaced by motors.
• 8A002.o.4 (Marine) added with description of permanent magnet electric propulsion engines specially designed for submarines, with a power exceeding 0.1 MW.
• 9A001.b changed to not used, which previously described aero gas turbines designed to fly an “aircraft at a speed of Mach 1 or higher, for more than thirty minutes.”
• 9A003 reference to 9E003.k has been added for the aero gas turbine engines described.
• 9A115.a (launch support equipment) added a new Technical Note 2 stating that it includes equipment and devices installed on a manned aircraft or unmanned aerial vehicle.
• 9E001 and 9E002 removed reference to 9A001.b.
• 9E003.k. newly added entry for supersonic technology.
• 9E101 updated the description by adding technology at the beginning.

Links

For a comprehensive overview of all changes compared to the 2022 Exceptional Update, please refer to the“Summary of Comprehensive Change Note – 2023 Update” and the fully updated version at https://eur-lex.europa.eu/legal-content/NL/TXT/PDF/?uri=OJ:L_202302616.

Assistance

To ensure compliance and minimize risks in international trade, it is important to stay abreast of the updated EU control list for dual-use goods. If you need help with classification within your company, whether from the beginning or only related to this update, please feel free to contact us. We offer a range of options to meet your needs.

Help

Do you need support in the field of export, sanctions policy and are you looking for a compliance project manager or would you like to have a compliance baseline measurement, contact us for the toolbox of support Trade Controls Compliance offers you.