Commission Delegated Regulation (EU) 2023/996 of 23 February 2023 amending Regulation (EU) 2021/821 of the European Parliament and of the Council as regards the list of dual-use items
Commission Delegated Regulation (EU) 2023/996of 23 February 2023amending Regulation (EU) 2021/821 of the European Parliament and of the Council as regards the list of dual-use itemsTHE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use itemsOJ L 206, 11.6.2021, p. 1., and in particular Article 17(1) thereof,Whereas:(1)Pursuant to Regulation (EU) 2021/821 dual-use items are to be subject to effective control when they are exported from or in transit through the Union, or are delivered to a third country as a result of brokering services provided by a broker resident or established in the Union.(2)Annex I to Regulation (EU) 2021/821 establishes the common list of dual-use items that are subject to controls in the Union. Decisions on the items subject to controls are taken within the framework of internationally agreed dual-use controls.(3)The list of dual-use items set out in Annex I to Regulation (EU) 2021/821 needs to be updated regularly in order to ensure full compliance with international security obligations, to guarantee transparency, and to maintain the competitiveness of economic operators. The control lists adopted by the international non-proliferation regimes and export control arrangements have been changed during 2022, and therefore Annex I to Regulation (EU) 2021/821 should be amended to include items subject to control under the Australia Group. In order to facilitate references for export control authorities and economic operators, Annex I to that Regulation should be replaced.(4)Regulation (EU) 2021/821 empowers the Commission to update the list of dual-use items set out in Annex I by means of delegated acts, in conformity with the relevant obligations and commitments, and any amendment thereof, that Member States and, where applicable, the Union have accepted as members of the international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties.(5)In order to ensure full compliance with international security obligations as soon as possible, this Regulation should enter into force on the day following that of its publication.(6)Regulation (EU) 2021/821 should therefore be amended accordingly,HAS ADOPTED THIS REGULATION: