Technical Assistance

Technical assistance is also subject to EU export control rules.

On 22 June 2000, the EU adopted a Council Joint Action according to which the provision of technical assistance is also subject to EU export control rules. It is consequently necessary to apply for an authorisation if technical assistance is provided to an end-user outside the EU by persons established in the EU provided the assistance is intended for use in connection with the:

  • Development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices or the
  • Development, production, maintenance or storage of missiles capable of delivering such weapons.

 

There are, however, no controls in connection with the provision of technical assistance where:

  • It is provided in a country listed in Part 3 of Annex II to Council Regulation (EC) No. 428/2009 (i.e. one of the seven closely related countries).
  • It takes the form of transferring information that is in the public domain or basic scientific research.

The Joint Action was implemented in Danish law the 1st of July 2005. Therefore it is now prohibited to offer technical assistance outside the EU and outside the seven closely related countries if the exporter either is aware or has grounds for suspecting that the technical assistance will be used in relation to WMD. If the exporter has no such knowledge or suspicions, the assistance can be offered freely.