Amendment of the Dual-Use Regulation: what changes?

Amendment of the Dual-Use Regulation: what you need to know now

On 09.09.2022, the new Regulation (EU) 2021/821 will come into force. It replaces the previous Regulation (EC) No. 428/2009 from the corresponding year 2009. Through this regulation, which goods that can be used for both civilian and military purposes are subject to a licensing requirement when exported.

The amendments mainly relate to the areas of surveillance technologies, technical assistance, types of licenses and procedural facilitations. The protection of human rights is also to be given a higher degree of importance in export control by the new regulation.

What changes?

Export possible under certain conditions

There are two new General Authorizations (AGG) which allow the export of two product groups under certain conditions.

The first is AGG EU007, which can be used for the export of software and technology requiring a license within a group of companies. The other is AGG EU008, which applies to encryption goods. Please check the relevant requirements needed to apply the AGG.

Furthermore, there is a new type of permit for large projects that extend over a longer period of time.

The so-called catch-all regulations have been tightened. These relate to non-listed goods that are subject to an export license requirement in the event of a corresponding end use. In this context, particular attention was paid to digital surveillance goods that are used in connection with internal repression or human rights violations.

Which processes in the company are affected?

The new legal basis affects all areas of a company involved in export. You must check whether the new regulations apply to you and whether it is necessary or makes sense for you to use the new AGG and which conditions must be fulfilled for this.

If these are applicable, M.SecureTrade ATLAS will be affected. Here the so-called code lists have to be updated in order to be able to use an appropriate coding.

Annexes I and IV, which contain the lists of goods, remain unchanged in terms of content and will only be adapted at the turn of the year. As every year, this will have an impact on M.SecureTrade Export Control. Check the planned adjustments in time to prepare accordingly for the turn of the year.

If you have any questions regarding the impact on M.SecureTrade Foreign Trade Solutions, please feel free to contact our consulting team ( at any time.

Where can I find out about changes?

Here you will find further links:

Information letter of the BAFA
Leaflet of the BAFA

Passende Mercoline-Lösungen


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