Public consultation on new Guidelines on the export of cyber-surveillance items under article 5 of Regulation (EU) 2021/821

The EU Dual Use Regulation (EU) 2021/821 aims to strengthen export control on cyber-surveillance items that may be intended for use in connection with internal repression and/or the commission of serious violations of human rights and international humanitarian law. To clarify the interpretation of the Regulation, the Commission is mandated to make available guidelines for exporters in relation to Article 5, as referred in Article 26.

Article 5 Regulation EU 2021/821

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  1. Where an exporter is aware, according to its due diligence findings, that cyber-surveillance items which the exporter proposes to export, not listed in Annex I, are intended, in their entirety or in part, for any of the uses referred to in paragraph 1 of this Article, the exporter shall notify the competent authority. That competent authority shall decide whether or not to make the export concerned subject to authorisation. The Commission and the Council shall make available guidelines for exporters, as referred to in Article 26(1).

In this context, the Commission opened up a public consultation in which it invited all stakeholders with interest in export control of dual-use items and technologies to provide feedbacks. This consultation starts on the 31st of March 2023 and ends on the 9th of June 2023.

You will find more information and access to the consultation on the following link.

DS Avocats International Trade and Customs team is at your disposal to provide you with any additional information.