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Public online consultation on the export control policy review (Regulation (EC) No 428/2009)

  • Policy field: TRADE
  • Target group: All stakeholdres
  • Closing Date: Completed - 15/10/2015

Objective of the consultation

The European Commission is launching a public consultation on the "Export Control Policy Review" it is currently conducting. The aim of the consultation is to collect stakeholder and public input regarding the review objectives and options, as outlined in Communication (2014)244, and their likely impact on the EU's export control policy.

The Commission will utilise the results of the consultation to help it identify the most suitable regulatory and non-regulatory actions to put into effect and decide whether – and how, in a sensible, effective and efficient manner – to propose amendments to Regulation (EC) N° 428/2009.

Brief summary of the dual use regime and the objectives of the review

The EU export control regime derives from international commitments to counter the proliferation of nuclear, biological and chemical weapons (Weapons of Mass Destruction – "WMD") as well as of items with potential military end-use. EU export controls are governed by Regulation (EC) No 428/2009 ("the Regulation") and regulate the export, transit, brokering and - in certain cases - internal transfer within the Single Market, of “dual-use items” – i.e., items that have both commercial and military or proliferation-related applications. EU export controls under Regulation 428/2009 are a trade instrument and form part of the EU common commercial policy under Art. 207 TFEU, and are important not only for the EU's security, but also for its competitiveness and the protection of legitimate trade.

As required under the Regulation, the Commission initiated the export control policy review with a Green Paper, and reported stakeholders' view that EU export control are robust but could be improved in a number of ways . The report opened the way to the adoption, in April 2014, of a Commission Communication (“the Communication”) outlining a long-term vision for EU strategic export controls and identifying concrete policy options for the modernisation of the export control system and its adaptation to rapidly changing technological, economic and political circumstances. The Commission then initiated an impact assessment process to assess the costs and benefits associated with review options, and is now conducting a public consultation to support that impact assessment.

How to submit your contribution:

• Contributors are invited to read through all the background information before starting the consultation.
• We suggest that you print the pdf document of the consultation, draft your replies separately and then copy/paste them into the respective fields in the questionnaire.
Questionnaire in pdf
Link to the public on line consultation

For more information or additional questions please contact:

The contributions received, together with the identification data of the respondent, will be published on the Internet, unless the respondent objects to publication of their identification data by clicking the appropriate box in the questionnaire.





Position paper