Advancing EU Coordination on Export Controls: A Dutch Non-Paper Proposal

In June 2023, the European Commission put forth a proposal for enhanced EU coordination on export controls of dual-use items, aligning with the European Economic Security Strategy. This initiative aims to address the growing concerns surrounding the unchecked export of advanced technologies and its implications for both national and international security. The Netherlands stands firmly behind this objective, recognising the imperative to mitigate risks while fostering cohesion within the EU.

Acknowledging the complexities involved in multilateral export control regimes, the Netherlands advocates for constructive dialogue among EU partners to bolster the existing framework without challenging core competencies or regulatory structures. Drawing upon recent national experiences in establishing control measures, the Netherlands presents a non-paper outlining pragmatic suggestions to enhance coordination within the EU Dual Use Regulation (EU Regulation No. 2021/821), particularly focusing on Articles 9 and 10.

1. Enhancing EU-Dimension in Article 9 and 10 Application:

- Phase 1: Orientation: Prior to initiating a national control list, the proposing Member State should consult with other EU Member States (EUMS) to assess common interests and potential impacts. This involves sharing problem analyses, scope, stakeholder considerations, and alignment with multilateral proposals.

- Phase 2: Design: Regular updates to the EU-27 regarding the status of national measures facilitate informed decision-making among other EUMS. Coordination on Export Control Classification Numbers ensures consistency.

- Phase 3: Publication: After publication, sharing translated versions and relevant materials fosters transparency and aids implementation across EU borders.

- Phase 4: Implementation and Enforcement: While not legally obligated, notifying other EUMS about enforcement measures ensures effectiveness and prevents circumvention.

2. Improving Institutional Coordination:

- High-Level Export Control Meetings: Establishing dedicated meetings at (deputy) DG level, chaired by a Member State, enables strategic discussions beyond technical aspects. These meetings bridge the gap between operational discussions and political considerations.

- Enhanced Information Sharing: Facilitating regular joint meetings between licensing/enforcement authorities and EU Dual-Use experts fosters collaboration and ensures a comprehensive approach to export control.

By strengthening collaboration and information sharing, these proposals seek to fortify the EU's export control framework while preserving national sovereignty and regulatory integrity. The Netherlands invites constructive engagement from EU partners to collectively address the evolving challenges in export controls and safeguard the security and prosperity of the European Union.

The non-paper serves as a catalyst for meaningful discussions and actionable steps towards a more cohesive and effective export control regime within the EU. Through shared responsibilities and strategic coordination, we can navigate the complexities of the modern security landscape while promoting innovation and economic growth across member states.

Read the full non-paper proposal here: https://bit.ly/3Pk9HZA