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Status of the EU Commission‘s Green-Book Process for Export Control – the View of Nuclear Industry

U. Feldmann

On November 9, 2010, the European Commission presented a communication to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions on “Trade Policy as a Core Component of the Europe 2020 EU Strategy,” by which it intends to “give new impetus to Europe’s economy.” One of the objectives envisaged by the Commission for 2011 is the “authorization of a green book about the possibilities of improving our export control system.”

Against the background of this objective of its new trade policy, and in compliance with its duties under the present Dual-use Ordinance which includes an obligation of the Commission to verify the implementation of that provision every three years and report to the European Parliament and the Council, the Commission on June 30, 2011 published its “Green Book” on export control of so-called Dual-use Goods, i.e. goods which can be used both for civil and for military purposes. To explain the economic importance of these goods, it should be pointed out that approx. 5,000 companies in the EU trade in goods with dual-use character, and that dual-use goods contribute some 5 % to the EU export volume.

Major tools of export control are permit requirements and bans. Goods classified “sensitive” with respect to safety (goods, software, technology) are captured on a list of the Dual-use Ordinance. The EU list of goods, in turn, is based on 4 international export control regimes which have no binding character under international law.

The nuclear sector is covered in the regime of the Nuclear Suppliers Group.

The Commission plans in 2013/14 to present proposals for amending the Dual-use Ordinance. The approach revealed by the EU Commission at its information events and meetings about the Green Book is a strictly risk-based solution. For this purpose, the Commission is currently having its Joint Research Center at Ispra, Italy examine which dual-use goods are sensitive and which ones are not.



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