Background

The EU Dual-Use Regulation (EU) 2021/821 has governed the control of goods, software, and technologies that can be used for both civilian and military purposes since 2021. In mid-2026, the European Commission initiated an evaluation to ascertain whether the legal framework keeps pace with geopolitical changes and technological developments. The review focuses on further harmonisation of export control practices, potential adjustments to catch-all provisions, and controls of intangible technology transfers. Licensing and administrative procedures in member states are also part of the assessment.

DIHK Positions

Within the consultation process on 15 October 2026, the DIHK highlighted the following key recommendations:

1. Harmonisation with Proportionality: Retain National General Licences

Greater harmonisation of European export control practices is generally welcomed by industry: standardised interpretations and procedures increase legal and planning certainty, reduce competitive distortions, and lower burdens for cross-border businesses. However, harmonisation must not automatically adopt the strictest national requirements as the EU-wide standard or abolish proven simplifications. Retaining national general licences is essential to ensuring a risk-based and practical export control system.

2. Catch-All: Precisely Address New Technologies and Cyber Surveillance

Catch-all provisions already pose significant challenges for companies in terms of delineation and evaluation. A broad extension would exacerbate these problems. Provisions should be confined to specific, otherwise unaddressed risks. Wherever possible, clearly defined and regularly updated goods lists are preferable. Regarding new technologies, international research and innovation must not be unnecessarily hindered.

3. Clarify Controls for Intangible Technology Transfers

Businesses require practical, EU-wide consistent criteria for determining when cross-border data, software, technical knowledge, or know-how constitutes a relevant technology transfer for control purposes. This is particularly important for digital business models and cross-border collaborations. Practical guidelines and examples are necessary for legally secure classification.

4. Eliminate Ambiguities, Reduce Bureaucracy, and Simplify Procedures

The evaluation of the regulation should aim to eliminate existing ambiguities, simplify and accelerate licensing procedures, and improve clarity. Easier-to-understand, better-structured, and practice-oriented measures are desirable. Regular reviews of technical parameters should ensure alignment with the state of the art.

Frequently Asked Questions

What are Dual-Use Goods?

These are goods, software, or technologies that can be used for both civilian and military purposes. The regulation specifies the conditions under which their export is controlled.

What does 'Catch-All' mean in export controls?

Catch-all provisions may apply to unlisted goods intended for certain critical end-uses, such as in the production of weapons of mass destruction or military uses in embargoed countries.

What is an Intangible Technology Transfer?

This refers to the cross-border transfer of technology without a physical medium, such as through digital access to technical information, software, or know-how. Whether a transaction is subject to control may depend on specific circumstances.

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