Legal Basis

The legal framework for export controls.

Regulation governing products and technology

In the EU, there is a common legal basis (Council Regulation No. 428/2009 of 5 May 2009) for the control of exports of dual-use products i.e. products and technology which serve both civilian and military purposes. This regulation is based on the common commercial policy (Article 207 of the Lisbon Treaty).

The control list which is set out in Annex I to the EU regulation is part of the legal basis. The control list is a list of the products that are subject to export controls. It is important that all exporters have investigated whether any of their products are included in the control list.

Council Joint Action governing technical assistance

In addition, there is Council Joint Action based on the common foreign and security policy (Article 14 of the Treaty on European Union). The Joint Action introduces controls on technical assistance related to certain military end-uses.

Criminal provisions

In order to use the common EU legal basis in Denmark, it is necessary to establish criminal provisions and administrative provisions in national legislation on how and by whom the regulation is to be administered in practice.

The criminal provisions governing breach of the export control rules are laid down in the so-called Enabling Act, which makes it possible to apply EU trade-controlling regulations in Denmark. Detailed administrative provisions are laid down in the Export Executive Order, which also reiterates the criminal provisions.