March 31 Criticism of new dual-use regulation: incomplete regulation does not help human rights!

Posted at 15:05h in English by

This article is unfortunately only available in German.

Brussels, March 31, 2021 - Last week, the European Parliament approved the new export regulation for so-called dual-use goods. Dual-use goods were originally developed for civilian use, but can potentially also be misused for acts of terrorism or the suppression of human rights. The new export regulation is intended to prevent any misuse in third countries through strict export rules. "Unfortunately, this regulation is just a Pyrrhic victory that cannot guarantee the essential protection criteria," said Manuela Ripa, MEP for the ÖDP, criticizing the result of the vote.

"This regulation hardly brings any meaningful improvements, as only ancient technologies are taken into account and thus hardly restricts the export of modern surveillance systems. The main problems are the definitions of "digital surveillance goods" and the "catch all" clause: both definitions are incomplete as they only apply to covert surveillance systems. However, as most surveillance systems are not used covertly but in plain sight, the regulation does not apply here - for example in the case of surveillance cameras or the technology used to generate telephone bills. Used differently, this technology can also be used to record telephone conversations," Manuela Ripa clarifies.

Unfortunately, this regulation is only a Pyrrhic victory that cannot guarantee the essential protection criteria

After the EU Commission presented the draft for the Dual-Use Regulation in 2016 to restrict exports of surveillance technology to autocratic regimes, Prof. Klaus Buchner, then MEP for the ÖDP, was able to tighten the legislative proposal for improved protection of human rights as the responsible rapporteur in the first reading. He received a clear majority in the EU Parliament for his work in 2018. However, after Prof. Klaus Buchner handed over his mandate to his successor Manuela Ripa in 2020, the negotiations were assigned to his group colleague Markéta Gregorová instead of leaving it to the successor, as is usually the case.

"I find it more than regrettable that the German Council Presidency wanted to bring the Dual-Use Regulation to a quick but incomplete conclusion by hook or by crook, after the Council had blocked the negotiations for years: A regulation with loopholes does not help human rights! Although some of my group's key points were incorporated into the final text, all the good achievements are useless if critical dual-use products are not covered by the regulation at all. Our hope now is that the EU Member States will be able to close some of the loopholes through stricter national laws," Manuela Ripa concludes.