EU Dual-Use Regulation consultation: businesses can submit input until 15 October
The European Commission is gathering views on how Regulation (EU) 2021/821 on the control of dual-use items works in practice. Input can be submitted until 15 October 2026. This is an opportunity for companies exporting from Poland, including international groups operating in the country. They can feed their practical experience into an assessment that may shape the Commission’s further work.
This is an evaluation of the rules currently in force, not a consultation on draft amendments. The consultation itself does not change companies’ obligations, and any future changes would require separate action. Nor should the evaluation be confused with updates to Annex I or with changes to Polish law.
What is the European Commission assessing in the EU Dual-Use Regulation?
The evaluation is required under Article 26(4) of the Regulation. The Commission is examining whether the rules effectively prevent the proliferation of weapons of mass destruction and protect fundamental rights. It is also looking at whether they avoid unnecessary burden on legitimate trade and are applied consistently, giving exporters a level playing field across the single market.
The review also covers Article 5, which concerns exports of cyber-surveillance items not listed in Annex I. This mechanism is designed to reduce the risk of such technologies being used for internal repression or serious human rights violations.
How to submit input to the EU dual-use consultation and what to include?
According to the Commission, businesses can still use two channels, both available via the official consultation page. The first is the public consultation questionnaire, which requires an EU Login account. The second is the call for evidence on the Have Your Say portal, where stakeholders can set out their own position. Separate targeted surveys for businesses and for research and academia accepted responses until 11 September 2026.
The Commission notes that stakeholder input should help identify unintended consequences and compliance challenges. Topics worth raising include:
- licensing times and the predictability of procedures – the Regulation leaves processing times to national law or practice (Article 12(5)), which may affect delivery schedules;
- differences between Member States – alongside the common EU list in Annex I, Member States may introduce their own national control lists of items (Article 9), which can make a consistent approach harder for companies active in several countries;
- unclear classification and repetitive documentation requirements.
The most useful submissions describe a specific problem, its impact on the business and a proposed improvement. Ideally, they are supported by anonymised examples and data from the company’s own operations.
What happens next with the evaluation of Regulation (EU) 2021/821?
Once input has been collected, the Commission will analyse how the Regulation has worked. It will then present the main findings of the evaluation to the European Parliament, the Council and the European Economic and Social Committee. Article 26(4) sets a window from 10 September 2026 to 10 September 2028 for doing so. However, the Commission’s 2026 work programme gives Q4 2026 as the indicative adoption date for the evaluation. Depending on the findings, the Commission may then consider further initiatives.
For more on how to determine whether a product is controlled, when an authorisation is required and how to document a transaction, see our guide to dual-use goods in Poland.
Contact us if you would like help preparing input for the consultation or checking how the dual-use rules affect your business.
