Keywords

Summary



Keywords

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1. Common commercial policy ° Scope ° Restriction of exports of dual-use goods to non-member countries ° Included ° Exclusive competence of the Community

(EC Treaty, Art. 113)

2. Common commercial policy ° Common export regime ° Regulation No 2603/69 ° Freedom to export ° Derogations ° Public security ° Meaning ° Restrictions imposing penalties applied by a Member State to the export of dual-use goods ° Whether permissible ° Conditions ° Observance of the principle of proportionality ° Individuals may rely on Article 1 of the regulation before the national court

(Council Regulation No 2603/69, Arts 1 and 11)

Summary

1. Article 113 of the Treaty is to be interpreted as meaning that rules restricting exports to non-member countries of dual-use goods, that is to say, goods capable of being used for both civil and military purposes, fall within its scope and that the Community has exclusive competence in that matter, which excludes the competence of the Member States save where the Community grants them specific authorization. The concept of the common commercial policy provided for in Article 113 must not be interpreted restrictively, so as to avoid disturbances in intra-Community trade by reason of the disparities to which a narrow interpretation of that policy would give rise in certain sectors of economic relations with non-member countries.

2. Although Article 1 of Regulation No 2603/69 establishing common rules for exports in the context of the common commercial policy lays down the principle of freedom to export goods, Article 11 of that regulation provides that it does not preclude the adoption or application by a Member State of quantitative restrictions on exports that are justified, inter alia, on grounds of public security. That derogation must be understood as applying also to measures having equivalent effect and as referring to both internal and external security.

Consequently, provided it observes the principle of proportionality, a Member State may, exceptionally, adopt under Article 11 national measures restricting the export to non-member countries of dual-use goods, that is to say, goods capable of being used for both civil and military purposes, on the ground that this is necessary in order to prevent the risk of a serious disturbance to its foreign relations or to the peaceful coexistence of nations which may affect the public security of a Member State within the meaning of that article.

If there is a threat to public security, which is a matter for the national court to consider, an obligation on the applicant for a licence to export dual-use goods to prove that they will be used exclusively for civil purposes, or a refusal to issue a licence if the goods can objectively be used for military purposes, may constitute proportionate requirements falling within the scope of the discretion enjoyed by the national authorities.

Community law does not preclude national authorities from making breaches of the licensing procedure subject to criminal penalties, provided that the penalties applicable do not exceed what appears to be proportionate in relation to the public security aim pursued.

Article 1 of Regulation No 2603/69 confers on individuals rights which they may assert before the courts.