Dog: pet or weapon?

What are dual-use goods?

The EU has special rules for so-called dual-use goods—i.e. “products, including technology and software, for dual use”. These rules are laid down in Regulation (EU) 2021/821. The Regulation ensures that the same rules apply in all EU Member States for the export, transit, transfer and brokering of such goods. Article 2 of the Regulation defines dual-use goods as:

“items, including software and technology, which can be used for both civil and military purposes, and includes items which can be used for the design, development, production or use of nuclear, chemical or biological weapons or their means of delivery, including all items which can be used for both non-explosive uses and assisting in any way in the manufacture of nuclear weapons or other nuclear explosive devices”

In other words: dual-use goods are goods that can be deployed for both civilian and military purposes. Think, for example, of a drone: popular as a hobby, but by now also an important tool in modern warfare. Or encryption software: crucial for companies to secure their data, yet equally usable in cyber warfare—provided certain technical parameters are met.

Annex I to the Regulation contains a list of ten categories of dual-use goods, ranging from nuclear materials and electronics to marine and aerospace technology. Export of these goods outside the EU always requires a licence. Which products end up on the list is the result of international agreements within so-called export control regimes. Criteria include:

• the type of product and its possible applications;
• how easily the product can be obtained;
• whether it can be described and delineated technically; and
• whether effective oversight of its export is possible.

In addition, the Regulation contains a so-called “catch-all provision”. This means that dual-use goods not explicitly on the list can still be subject to licensing. For example, where it is clear that they are intended for weapons of mass destruction or for military applications in countries under an arms embargo.

Service dogs as dual-use?

And now the key question: what about service dogs? Can they be regarded as dual-use? At first glance you might think so. A (service) dog is primarily a pet, but can also be trained and deployed as a weapon or instrument of intimidation. From that angle, a dog appears to have the characteristics of a dual-use item.

The European Commission takes a different view. After the Netherlands—at the request of the House of Representatives—raised this point in Brussels, the Commission’s answer was clear: animals are not dual-use goods. On 5 September 2024, the Commission replied as follows:

“Dual-use items are defined in the Dual-Use Regulation as items, including software and technology, which can be used for both civil and military purposes, including items that could be used for nuclear, chemical or biological weapons or their means of delivery.

Animals are not considered items in the sense of the regulation and thus cannot be included in the EU list of dual-use items. To note that the EU list emanates from the multilateral export control regimes which do not list animals either.”

In other words: the Regulation contains no separate category for animals or other living beings. And because the European list flows directly from international export control regimes (such as the Wassenaar Arrangement), which also do not include animals, there is simply no basis for classifying dogs as dual-use.

What does it mean if something is dual-use?

Service dogs therefore do not qualify as dual-use goods and thus do not fall within the scope of the Regulation. But suppose a product is designated as dual-use—what does that mean in practice? In short: without a licence it may not be exported from the EU. For the export of dual-use goods, the exporter must apply for a licence from the competent national authority (in the Netherlands: the Central Import and Export Service, CDIU).

The application is assessed against European and international criteria, including:

• the risk that the product will be used for weapons of mass destruction or for military applications;
• the destination (importing country) and the end-user;
• the risk of human rights violations.

Depending on sensitivity, the licence may be one-off for a specific transaction, or more general in scope.

What does this mean for your organisation?

Under current EU rules, service dogs do not fall under the heading of dual-use goods. But this is only one example: the list of products that do fall under this export-control regime is only getting longer. Increasingly, technologies and materials are subject to strict rules and licensing requirements. Curious whether your products fall under this regime? Or do you want more insight into what dual-use legislation means for your organisation? Please contact Jikke Biermasz (j.biermasz@ploum.nl)  or Zoë Poortvliet (z.poortvliet@ploum.nl).