Member states of the Union have the option of introducing their own control lists, covering specific dual-use goods, and thereby extending their export control restrictions (Article 9 of the EU Dual-Use Regulation (EU) 2021/821). Such control lists may then cover dual-use goods not yet listed in Annex I to the Dual-Use Regulation. Member states’ own listings may be introduced on grounds of public security, including the prevention of terrorist attacks, or on human rights grounds. Ultimately, authorisation requirements can also be introduced in this area.
The difficulty this entails is obvious: implementation. All other member states must be informed within the shortest possible time whenever a new control list is adopted, or an existing one amended. Article 9 of the EU Dual-Use Regulation sets out certain procedural steps for this purpose, such as requiring that the Commission and the other member states be informed without delay.
In early April, Commission Recommendation (EU) 2025/683 was issued, setting out how national control lists are to be more closely coordinated going forward. Recommendation (EU) 2025/683 now provides a coordination framework within which control lists are to be drawn up and amended. In particular, close consultation with the other member states is to take place, including, for example on a voluntary basis, sharing the identified risks and the planned listing with the other member states. It was also recommended that listings should be based on objective, technical criteria, and, where appropriate, include technical notes. The other member states may then submit comments and agree on common dates of adoption. The Commission stresses at various points that this coordination is intended to take place on a voluntary basis.
The Recommendation thus supports member states in making their national rules transparent and in making effective use of the scope for action available under Article 9 of the EU Dual-Use Regulation.
