On May 20, 2021, the European Union entered a new phase of dual-use export management with the adoption of Regulation 2021/821. This landmark law replaces the previous Regulation 428/2009, introducing a number of innovations and improvements. The aim of this regulation is not only to modernize and strengthen the EU’s export control system, but also to respond to rapidly changing threats and rapid technological developments. An important aspect is also to address the risk of human rights violations associated with trade in cyber surveillance technologies. The introduction of Regulation 2021/821 responds to the growing demand for export control tools that are more effective and adapted to modern challenges, while reflecting the changing technological, economic and political conditions in the world.
New era of export controls
Regulation 2021/821, enacted on May 20, 2021, introduces significant changes to export control policies for dual-use items. Replacing the previous 2009 regulation, the new law focuses on expanding the scope of controls, thereby increasing the flexibility and efficiency of the system in the face of rapidly changing technological and political realities. A key objective of the regulation is to modernize and strengthen export control tools, enabling the EU to respond more effectively to new threats and emerging technologies, particularly in the context of cyber security and human rights protection.
An important aspect of Regulation 2021/821 is its focus on human rights and public security, particularly with regard to cyber surveillance technologies. Prior to this regulation, export controls in the EU were mainly based on the EU and international agreement on dual-use items, but the new law introduces a more integrated approach, taking into account both economic and humanitarian concerns. With these changes, the EU is taking a step toward ensuring that international trade not only complies with competition rules, but also supports global human rights and security standards.
Upgrading the control system: Main features and changes
An amendment to the European Union’s Regulation on Export Control of Dual-Use Items, known as Regulation 2021/821, makes significant improvements to the export control system. The purpose of these changes is to adapt the system to rapidly evolving technologies and changing security risks. Among the key features of the new regulation are increased transparency and efficiency in export procedures, allowing for better monitoring and regulation of the flow of dual-use goods. In addition, the regulation introduces new control mechanisms to counter the use of exported technologies for human rights violations or activities contrary to EU security interests.
A significant change in Regulation 2021/821 is the introduction of new categories of export licenses, which aim to simplify and streamline the export process for companies operating within the European Union. There are new types of EU export licenses (UGEA) that allow easier exports to specific countries or groups of countries, significantly reducing the bureaucratic burden on exporters. The introduction of these changes is aimed not only at making European companies more competitive in the global market, but also at ensuring that EU exports do not contribute to human rights violations or threats to international security.
Impact on human rights and security: controversy and criticism
European Union Regulation 2021/821, while a step forward in modernizing export controls, has also received some criticism. Human rights organizations have expressed concerns that the new regulations may not be effective enough in preventing the export of technology that can be used for human rights violations. The criticism focuses primarily on the control aspect of cyber surveillance technology, which can be used by authoritarian regimes for surveillance and repression of citizens. It is pointed out that despite progress, the new regulation still leaves some loopholes that can be used to circumvent international human rights standards.
Security issues are also an important point of discussion in the context of Regulation 2021/821. The new regulations aim to increase security within the European Union by better controlling the export of goods that could contribute to the development of weapons of mass destruction or other tools of repression. However, security experts point out the need to constantly monitor and update lists of dual-use items to make sure the EU is able to respond effectively to dynamically changing threats. They stress that the regulation should be flexible and adapted to evolving technologies and threats to ensure the long-term effectiveness of the export control system.
Practical aspects of the regulation: Permits and obligations of exporters
EU Regulation 2021/821 introduces significant changes regarding licenses and obligations imposed on exporters of dual-use items. One key aspect is the reformed export authorization system, which includes both individual and global licenses, as well as new types of EU-wide export licenses (UGEA). These changes aim to simplify the export process while making it more transparent and efficient. Exporters must now comply with more stringent requirements, including due diligence obligations and the implementation of internal compliance programs (ICP) to ensure that exported goods are not used in a harmful manner or in a manner that does not comply with international standards.
The regulation also introduces new documentation and record-keeping requirements related to exports. The changes are aimed at increasing accountability and tracking of goods exported outside the Union. Exporters must now keep records related to each export for at least five years, allowing for better monitoring and verification of compliance. These updated requirements underscore the importance of transparency and compliance in international trade, while enhancing the EU’s ability to oversee and control the flow of dual-use goods.
The future of export controls in the EU: Challenges and prospects
The future of export controls in the European Union, in light of Regulation 2021/821, is drawn as a balance between safeguarding security interests and promoting innovation and economic competitiveness. Continuing to adapt to changing technologies and global threats is expected to require not only constant monitoring and updating of regulations, but also dialogue between governments, businesses and the international community. The challenge will remain to strike a balance between protecting human rights and public safety and enabling free trade and technological development, which is crucial to the EU’s long-term stability and prosperity.
