Guidelines on the export of cyber-surveillance items under Article 5 of Regulation (EU) No. 2021/821

All stakeholders with an interest in export of dual-use items and technologies (e.g. exporters, industry associations, government authorities, academia, research institutions and non-governmental organisations).

The EU Dual Use Regulation (EU) 2021/821 strengthens export controls on cyber-surveillance items not listed in its Annex I and that may be intended, in their entirety or in part, for use in connection with internal repression and/or the commission of serious violations of human rights and international humanitarian law.

The Regulation mandates the Commission to make available guidelines for exporters in relation to Article 5, as referred to in Article 26.

Title: OUTREACH, MONITORING, EVALUATION

Article 5 Regulation EU 2021/821

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2. Where an exporter is aware, according to its due diligence findings, that cyber-surveillance items which the exporter proposes to export, not listed in Annex I, are intended, in their entirety or in part, for any of the uses referred to in paragraph 1 of this Article, the exporter shall notify the competent authority. That competent authority shall decide whether or not to make the export concerned subject to authorisation. The Commission and the Council shall make available guidelines for exporters, as referred to in Article 26(1).

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