WMD || Weapons of Mass Destruction

The areas covered are, among others: the extension of controls to cover transit, transhipment[2], brokering and re-exports; the clarification of the content of controls of intangible transfers of technology; the establishment of a comitology procedure for the adoption of lists of controlled items; the improvement of sharing of information on national controls on non-listed items according appropriate security standards; the improvement of sharing of information on denials with the possibility to introduce a secure electronic system between the Commission, Member States and the Council; international cooperation with third countries, ...[+++] providing for possibilities of adopting ad-hoc export control rules in the case of specific EC-funded projects involving potential access by third countries to the EU dual use technologies; insertion in the recasted Article 21 of the reference to criminal sanctions at least for serious infringements of the provisions of the Regulation and of the regulations adopted by Member States for its implementation so as to respond to the call in the European Council declaration on criminal sanctions of June 2004, and to the call by UN Security Council Resolution 1540 for the introduction of appropriate civil or criminal penalties for violations of such export control regulations; the replacement of the remaining intra-Community controls by a system consisting of prior-notification of shipments; provision for the establishment by national authorities of indicative deadlines for the processing of applications for export authorisations, and of deadlines for the treatment of requests for information from licensing authorities concerning the application of national controls on non listed items and technologies.

The following areas are suggested for best practices and guidelines: controls of intangible transfers of technology including technical assistance and definition of exemptions related to public domain and basic scientific research; global export authorizations; enforcement practices, such as common risk analysis; internal compliance programmes; supporting documents to assess export applications and coordination of national controls on non-listed items.

- clarification of certain provisions of the regulation, such as regarding intangible transfers of technology, which are currently applied in a different way by Member States

In this context, consideration must be given to the differences in the application of export controls noted between the Community and some third countries that are members of international systems, particularly with regard to arrangements for monitoring intangible technology transfer, the extraterritorial aspects of some legislation, re-exporting conditions, etc.

In this context, consideration must be given to the differences in the application of export controls noted between the Community and some third countries that are members of international systems, particularly with regard to arrangements for monitoring intangible technology transfer, the extraterritorial aspects of some legislation, re-exporting conditions, etc.