EU: Public consultation on dual-use export controls – evaluation of the Dual-Use Regulation 

 

The EU Commission has launched a review of the Regulation (EU) 2021/821 on the dual-use items.

Regulation (EU) 2021/821 sets rules to control exports, brokering, technical assistance, transit and transfer of ‘dual-use items’ (goods with both military and civilian application). 

The Commission will be evaluating the Regulation to determine if it:

(i) has achieved its objectives;

(ii) has made a difference; and

(iii) remains relevant in the evolving global geopolitical landscape. Adjustments to the rules may be needed to address new threats and reduce administrative burden for businesses. 

Context: 

The Dual-Use Regulation, adopted on 20 May 2021, establishes a framework for controlling the export, transit, brokering, and provision of technical assistance related to dual-use items, i.e. products, software, and technologies that can be used for both civilian and military purposes. Its objectives are to safeguard international peace and security, prevent the proliferation of weapons of mass destruction (WMDs), protect human rights, and address the risks associated with emerging technologies and cyber-surveillance. The Regulation modernised the EU’s export control framework to keep pace with technological developments, strengthened its human rights and security dimensions, and promoted a harmonised approach among Member States in response to an increasingly complex geopolitical environment. 

Pursuant to Article 26(4), the Commission is required to evaluate the Regulation and submit a report on its findings to the European Parliament, the Council, and the European Economic and Social Committee (EESC) between 10 September 2026 and 10 September 2028. However, the White Paper on Export Controls announced that this evaluation would be accelerated in light of the rapidly changing geopolitical landscape. The December 2025 Joint Communication on strengthening EU economic security further confirmed that the evaluation would assess whether the Regulation remains fit for purpose in addressing current geopolitical and geoeconomic challenges. Accordingly, the 2026 Commission Work Programme schedules the completion of the evaluation for the fourth quarter of 2026. 

Purpose and scope 

The evaluation will assess whether the Dual-Use Regulation has achieved its objectives and remains effective in addressing the geopolitical and geoeconomic risks facing the EU and its Member States. It will identify the Regulation’s strengths and weaknesses, including any regulatory gaps, inefficiencies, or unintended consequences, and determine whether amendments are necessary to improve its implementation. 

The assessment will examine the Regulation against the standard evaluation criteria of effectiveness, efficiency, coherence, relevance, and EU added value, covering the period from its entry into force in June 2021 to the present. Particular attention will be given to the Regulation’s overall performance, its costs and benefits, impacts on businesses, potential disproportionate administrative burdens and regulatory complexity, and its continued suitability in the current international context. The evaluation will also consider opportunities for simplification. 

The review will encompass all EU Member States as well as selected third countries that are relevant to the EU’s dual-use export control system. In addition, it will assess the process for updating Annex I of the Regulation, which lists controlled dual-use items and technologies and is amended through delegated acts.