|Opis:||Dual-use goods and technologies is rather dynamic and rapidly changing area, which requires from the European Union (EU) to monitor it with its watchful eye and appropriately and quickly react with its legal system. Today, the technology field is developing extremely fast, which often leads to a missed response and regulation by the EU and its Member States. A good example of such, for the time being, still only partially regulated dual-use software technology is 0day, which continues to pose a great danger to people and their property, considering the fact, that it’s still at the hands of both state and non-state entities around the world.
The EU regulates the field of dual-use goods and technologies in Regulation 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items. Annex I to the Regulation contains a list of goods, which are covered by export control regimes (Australian Group, Missile technology control regime, Nuclear suppliers group, Wassenaar arrangement), which annually reviews and update the list with a view to manage the regulation of the vast majority of newly emerging technologies and goods, which could pose a threat to the lives of people and to the world peace.
At the beginning of my diploma thesis, I presented the concept of dual-use and different ways of its interpretation. The following text is a clarification of what the dual-use goods and technologies are, and where they can be used or applied. Then I explain various control regimes and their main functions. Furthermore, I refer to the regulation of the control over its exports in the EU through the eyes of Regulation 428/2009. I then briefly explain the development of the Regulation and its subsequent amendments. Lastly, I focus on export licenses and sanctions in the case of breach of the provisions on export of dual-use goods and technologies.
The EU is quite successful at the regulation of the dual-use goods and technologies. Given the dynamic development of this area, the EU has a lot to do with tracking its rapidly changing phenomena and its proper regulation.|