The export control of dual-use goods has traditionally aimed at managing the threat to security deriving from military risks. More recently, it has also become one of the main legal tools through which powers contend global technological dominance among themselves. At EU level, despite a prima facie uniform discipline for the export control of dual-use goods, based on Regulation 821/2021, Member States have shown a rather fragmented approach to the export control of so-called “emerging technologies”. This contribution analyses the main aspects of the international and EU governance in the sector, in order to identify its limits and potential with respect to the challenges posed by the current international context, in light of the division of competences between the EU and Member States. The conclusion is that existing legal instruments seem to preclude the Union to fully develop a EU export control policy, in the absence of the ability to impose uniform controls, independently from multilateral systems, and to assess their risks and benefits in a common perspective. At the same time, it is clear the effort to develop a shared approach to the risks associated with the export of emerging technologies, through soft law instruments and mechanisms of horizontal cooperation between Member States, strengthened by the obligation of loyal cooperation, in line with the persistence of broad national competences regarding decisions concerning national security as well as industrial policy
L'UE tra sicurezza militare e sicurezza economica: ruolo, limiti e potenzialità della disciplina UE sul controllo delle esportazioni dei beni a duplice uso
chiara cellerino
2025-01-01
Abstract
The export control of dual-use goods has traditionally aimed at managing the threat to security deriving from military risks. More recently, it has also become one of the main legal tools through which powers contend global technological dominance among themselves. At EU level, despite a prima facie uniform discipline for the export control of dual-use goods, based on Regulation 821/2021, Member States have shown a rather fragmented approach to the export control of so-called “emerging technologies”. This contribution analyses the main aspects of the international and EU governance in the sector, in order to identify its limits and potential with respect to the challenges posed by the current international context, in light of the division of competences between the EU and Member States. The conclusion is that existing legal instruments seem to preclude the Union to fully develop a EU export control policy, in the absence of the ability to impose uniform controls, independently from multilateral systems, and to assess their risks and benefits in a common perspective. At the same time, it is clear the effort to develop a shared approach to the risks associated with the export of emerging technologies, through soft law instruments and mechanisms of horizontal cooperation between Member States, strengthened by the obligation of loyal cooperation, in line with the persistence of broad national competences regarding decisions concerning national security as well as industrial policy
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