COUNCIL REGULATION (EC) No 428/2009 of 5th May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items is currently under revision. This short note outlines some concerns from the academic sector with the current Regulation, and with the proposals submitted from the EC in the recast.
In brief, we recommend that the EC and other authorities:
1. Formulate the Regulation in an unambiguous way and do not leave open areas of legal uncertainty as a consequence of clauses that need a lot of interpretation.
2. Provide the necessary tools for research institutions to be able to comply with the Regulation with legal certainty and without too many burdens being imposed.
3. Improve access to, and guidance from, regulatory bodies so that research projects are not unduly delayed.