Seminar on Strengthening the Global Disarmament and Non-Proliferation Bali, 2 November 2006 Richard Ekwall Director, Department for Disarmament and Non-proliferation Ministry for Foreign Affairs, Sweden Export Controls in the European Union relating to dual-use goods

EU DUAL-USE EXPORT CONTROLS (Brief outline) EU 25 Member States Single market Free movement of goods Every EU Member State potential supplier of sensitive goods

Full compliance with: International non-proliferation obligations (NPT, BTWC, CWC) United Nations Security Council Resolution 1540 (2004)

Hence, importance of strict and effective national export controls Export controls national responsibility However, harmonisation of EU Member States’ export controls essential

Distinction in the EU: transfers/exports Transfers: movement of goods inside the Community (no licenses required except for certain categories of sensitive goods described in Annex IV to Council Regulation 1334/2000) Exports: movement of goods to a third country outside of the Community (controlled goods subject to export authorisation)

A Community System of Export Controls Council Regulation (EC) 1334/2000 Legally binding, directly applicable in EU Member States Implementation at national level

Provisions regarding the implementation of export controls Lists of products under export control (Annex I and IV) National legislation complementary: e.g. penalties in case of non-compliance with Regulation 1334/2000

EU product list covers the same items as the product lists of the multilateral export control regimes and the CWC Nuclear Suppliers Group (NSG), Australia Group (AG), Missile Technology Control Regime (MTCR), Wassenaar Arrangement (WA) EU list updated on an annual basis

EU Export Controls cover: physical goods, and software and technology transmitted by electronic media, fax or telephone

Granting of an export license The authorisation of an export shall be granted by the competent authorities of the Member State where the exporter is established An authorisation is valid throughout the Community

Export licences Community general export authorisation (Destinations in Annex II) Individual authorisation (specific exporter/specific amounts of a specific product/specific end-user) Global authorisation (specific exporter/specific type or category of dual-use item/exports to specified destination(s) or specified end-user(s) ) National general authorisation (e.g. specific types or categories of products/specified destinations)

Considerations with respect to the granting of an export license All relevant considerations, including international non-proliferation obligations/commitments sanctions (UNSC, EU, OSCE) national foreign and security policy considerations intended end-use and the risk of diversion

Export Controls relating to non- listed dual-use items The Catch-all mechanism If the exporter has been informed by the competent authorities: - the items are or may be intended for use in connection with WMD or missiles for such weapons If the exporter is aware that the items are intended for such uses Exporter must apply for an export license

Models for national export control systems EU system a good model for more information on Council Regulation 1334/2000, and national export controls in a Member State of the European Union (Sweden) visit the website