Commission Recommendation (EU) 2025/683 of 8 April 2025 on coordination of national control lists

Official Journal EN of the European Union L series 2025/683 16.4.2025 COMMISSION RECOMMENDATION (EU) 2025/683 of 8 April 2025 on coordination of national control lists THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292, third sentence, thereof,

Whereas:

(1) Regulation (EU) 2021/821 of the European Parliament and of the Council(1)of 20 May 2021(‘the Regulation’) sets up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items.

The common system of export controls on dual-use items set up by the Regulation ensures compliance with the international commitments and responsibilities of the Member States and the Union, such as United Nations Security Council Resolution 1540(2), and with commitments agreed upon in multilateral export control regimes and non-proliferation treaties.

(2) Article 9 of the Regulation allows Member States to adopt national control lists. Once a national control list is notified by the adopting Member State to the Commission and other Member States and published in a compilation of national control lists in the Official Journal of the European Union according to Article 9, on the basis of Article 10 of the Regulation other Member States may require an authorisation for the export of items published in the compilation.

(3) As proposed in the Commission’s White Paper on Export Controls(3), national control lists adopted by Member States can be supported by this Recommendation with a view to improving coordination and the effectiveness and efficiency of the common system of export controls on dual-use items.

(4) This Recommendation provides a coordination framework enabling Member States, on a voluntary basis, to identify similar risks and to coordinate when designing national control lists. It also facilitates the exchange of information among Member States and the Commission prior to and after the adoption of such national control lists.

Additionally, it allows the adopting Member State to consider, and benefit from, any additional information

provided by other Member States or the Commission. Where relevant, such coordination takes into consideration the technical expertise and controls developed in the context of multilateral export control regimes.

(5) This Recommendation is without prejudice to the provisions of the Euratom Treaty.

(6) This Recommendation is also without prejudice to the right of Member States to adopt national control lists under the procedural requirements set out in their domestic law in accordance with Article 9 of the Regulation,

HAS ADOPTED THIS RECOMMENDATION:

It is recommended that Member States should coordinate national control lists in line with the Annex to this Recommendation in order to fulfil their obligations under Regulation (EU) 2021/821.

Done at Brussels, 8 April 2025.

For the Commission Maroš ŠEFČOVIČ Member of the Commission

(1) Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (OJ L 206, 11.6.2021, p. 1, ELI: http://data.europa.eu/eli/ reg/2021/821/oj).

(2) United Nations Security Council (UNSC) Res 1540 (28 April 2004, S/RES/1540).

(3) COM(2024) 25 final, 24.1.2024.

ELI: http://data.europa.eu/eli/reco/2025/683/oj 1/3EN OJ L, 16.4.2025 ANNEX FORMULATION OF NATIONAL CONTROL LISTS

1. In line with the approach to dual-use items export controls set out in Annex I of the Regulation, national control lists should, wherever appropriate and relevant, be based on national risk assessments and objective technical parameters similar to those of control lists provided by multilateral export control regimes, including technical notes if appropriate, and structured as entries that are individually identified with an alphanumerical control code.

Wherever relevant and on a voluntary basis, national control lists should follow the scope of controls considered at multilateral export control regimes.

FRAMEWORK FOR COORDINATION

2. Member States that envisage the adoption of a national control list should, on a voluntary basis, inform the other Member States and the Commission about the identified risks and the national controls under consideration responding to those risks.

3. If available and on a voluntary basis, this information might include elements such as:

(a) the envisaged scope;

(b) the impact of the national control list under consideration on EU economic operators;

(c) other relevant information for the preparation of the national control list.

4. Member States identifying identical or similar risks and having the intention to control similar items should, on a voluntary basis, coordinate when designing their respective national control lists.

5. Member States that are in the process of designing national control lists should, on a voluntary basis, provide regular updates to the other Member States and the Commission on the progress towards the finalisation of such measures.

6. Member States that plan to adopt a national control list should, on a voluntary basis, share with the Commission and other Member States a written draft of the national control list prior to its adoption.

7. The Commission and other Member States may provide relevant comments to the Member State planning to adopt a national control list.

8. If a Member State planning to adopt a national control list receives comments from other Member States or from the Commission, it should consider such comments, without prejudice to its right to adopt national control lists under the procedural requirements set out in their domestic law.

9. Member States that are coordinating when designing their respective national control lists should, whenever possible taking into consideration procedural requirements set out in national law, aim to adopt and notify them at the same time under Article 9(2) of the Regulation.

10. After the adoption of the national control lists, Member States should, on a voluntary basis, exchange information on the effective implementation of controls under the national control list as well as under any measure taken under Article 10 of the Regulation.

11. The Commission should facilitate such exchange of information, including by making available secure means of communication.

2/3 ELI: http://data.europa.eu/eli/reco/2025/683/ojEN OJ L, 16.4.2025 MEANS OF COMMUNICATION

12. The exchange of written information for the benefit of all Member States and the Commission should take place via the electronic system referred to in Article 23(6) of the Regulation.

13. Member States should, on a voluntary basis, provide information about the progress of their national control lists to other Member States and the Commission.

14. At the request of the Member State planning to adopt a national control list, the Dual-Use Working Party (or other relevant Council preparatory body) may propose to discuss a specific draft national control list. In consideration of the nature of the information to be exchanged and the format sought by the Member State planning to adopt a national control list, the Commission and Member States may exchange information in the Dual-Use Coordination Group established under Article 24 of the Regulation or in another appropriate formation.

15. The Dual-Use Coordination Group mentioned above and possibly other formations shall take the necessary steps to ensure the confidentiality of the discussions and the information exchanged.

ELI: http://data.europa.eu/eli/reco/2025/683/oj 3/3