COMMUNICATION FROM THE COMMISSIONTO THE EUROPEAN PARLIAMENTpursuant to Article 294(6) of the Treaty on the Functioning of the European Unionconcerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual use items
Date: 2012-03-08
Institutions: European Commission
Subjects: dual-use good, export monitoring, free movement of goods, technology

EUROPEAN COMMISSION 

Brussels, 8.3.2012  
COM(2012) 101 final 

2010/0262 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council amending Regulation (EC) No 428/2009 setting up a Community regime 
for the control of exports, transfer, brokering and transit of dual use items 

 
 
 
 
  
 
 
 
2010/0262 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council amending Regulation (EC) No 428/2009 setting up a Community regime 
for the control of exports, transfer, brokering and transit of dual use items 

1. 

BACKGROUND 

Date of transmission of the proposal to the European Parliament and 
to the Council 
(document COM(2010) 509 final – 2010/0262 COD): 

27/09/2010 

Date of the position of the European Parliament, first reading: 

13/09/2011 

Date of adoption of the position of the Council: 

21/02/2012 

2. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION 

The EU dual-use export control system, as set out in Regulation (EC) No 428/2009, requires 
an authorisation for the export of dual-use items  listed in Annex I to the Regulation. Under 
Article 15 of the Regulation, "the list of dual-use items set out in Annex I shall be updated in 
conformity with the relevant obligations and commitments, and any modification thereof, that 
Member States have accepted as members of the international non-proliferation regimes and 
export control arrangements, or by ratification of relevant international treaties". 

The  objective  of  the  Commission's  proposal  is  therefore  to  update  the  control  list  set  out  in 
Annex  I  of  the  Regulation,  by  introducing  modifications  agreed  in  the  international  export 
control regimes. 

3. 

COMMENTS ON THE POSITION OF THE COUNCIL 

The original proposal of the Commission covered modifications of the control list agreed in 
the  international  export  control  regimes  in  2009.  The  Council's  position  envisages  further 
updating  the  control  list  with  modifications  agreed  in  the  export  control  regimes  in  2010. 
Including both the 2009 and 2010 control list modifications in the current update exercise will 
allow  the  EU  to  adhere  to  its  international  commitments  with  regard  to  export  controls  and 
will significantly help EU exporters. 

4. 

COMMENTS ON THE POSITION OF THE EUROPEAN PARLIAMENT 

The European Parliament endorsed the original proposal of the Commission on 13 September 
2011 and has expressed its support for integrating additional modifications to the control list 
in line with international commitments as suggested by the Council. 

EN 

2 

   EN 

 
 
 
5. 

CONCLUSION 

The Commission accepts the position taken by the Council. 

EN 

3 

   EN