Council of the
European Union
Brussels, 2 June 2023
(OR. en)
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COMER 67
INTER-REP 37
CONOP 51
CFSP/PESC 773
ECO 49
COARM 126
ATO 31
'I' ITEM NOTE
From:
Presidency/General Secretariat of the Council
To:
Permanent Representatives Committee (Part 2)
Subject:
Draft revised Mandate of the Working Party on Dual-Use Goods - Approval
1. The Council's Working Party on Dual-Use Goods (DUWP) was set up more than 30 years
ago, with a view to increase the coordination and convergence of Member States’ export
controls of dual-use goods and technologies
1.
2. The recent revision of the EU Dual-Use Regulation
2, which sheds light on developments in
dual-use technology, and current economical and political circumstances has motivated the
Working Party on Dual-Use Goods to revise and streamline its mandate.
3. In light of the above, the Presidency launched a review process of the DUWP mandate on
19 January 2023. On the basis of a Presidency draft text, the DUWP examined its revised
mandate at a number of meetings.
1 4882/92
2 Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a
Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use
items (recast), https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02021R0821-20230112
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4. On 31 May 2023, DUWP Delegates agreed on a consolidated text for the revised draft
mandate.
5. The Permanent Representatives Committee (COREPER) is therefore invited to approve the
draft revised mandate of the Working Party of Dual-Use Goods, as set out in the Annex to
this note.
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ANNEX
Working Party on Dual-Use Goods
C.23
Code
The Working Party on Dual-Use Goods operates under:
Council
☐ General affairs
configuration
☒ Foreign affairs
☐ Economic and financial affairs3
☐ Justice and home affairs4
☐ Employment, social policy, health and consumer affairs
☐ Competitiveness (internal market, industry, research and space)5
☐ Transport, telecommunications and energy
☐ Agriculture and fisheries
☐ Environment
☐ Education, youth, culture and sport6
Non applicable
Sub-areas or
subgroups
(if applicable)
Policy areas
Under the authority of Coreper7, the Working Party is responsible for EU work
in the area of dual-use controls.
This work shall be carried out in conformity with the relevant international
obligations and commitments that EUMS, and where applicable, the Union,
have accepted, mainly regarding non-proliferation, regional peace, security and
stability and respect for human rights and international humanitarian law.
In particular, the Working Party will, respecting the division of competences:
- Focus on work relating to and resulting from the EU Dual-use
Regulation, as it evolves in subsequent recasts, including exchange on
policy, best practice, and information sharing and dual-use items.
- Take into account the linkages of the existing multilateral export control
regimes to the EU Dual-Use Regulation.
- Provide policy guidance in the area of dual-use controls.
3 Including budget
4 Including civil protection
5 Including tourism
6 Including Audio-visual affairs
7 In accordance with Article 240(1) TFEU and the Council’s Rules of Procedure
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- Maintain and develop dialogue and cooperation with third countries in
the field of dual-use controls.
- Where appropriate, provide technical guidance, including on restrictive
measures, in a transparent manner and acknowledging the distinct legal
and other features of the respective frameworks
Type of work
The Working Party is mainly in charge of the following: (if applicable):
☒ Work on Union legal acts (i.e. legislative acts and other legal acts)
☒ Policy preparation
In particular, the Working Party is in charge of:
☒ legislative act(s):
☒ other Union legal acts:
☒
external documents or instruments:
☐ policy document(s):
☒ other:
Supporting and contributing to the European Commission work on
Guidelines in accordance with the EU Regulation on Dual-Use items, and
related activities.
The Working Party is chaired by:
Chairing
☒ the six-monthly Presidency
arrangement
☐ a representative of the High Representative
☐ other, namely:
- Date of establishment: 1992
Observations
- Date of revision of the mandate: 2023
- The Working Party can meet in a secured environment and can
deal with classified information up to EU SECRET level.
Main links with other Working Parties:
- Working Party on Non-Proliferation and Arms Exports (CONOP and
COARM);
- Working Party on Law Enforcement (Customs) on enforcement of the dual-use
framework; c
ross reference - Working Party on Trade Questions, regarding trade and export control
instruments;
cross reference - Relevant geographical Council WPs regarding restrictive measures and on
dual-use export control
- Foreign Relations Counsellors Working Party (C.1), regarding technical
comments on dual-use aspects of restrictive measures
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