Can my Bulgarian company export dual-use drones to Serbia without an EU export licence?

Hello,

In response to the questions below, please note that not all drones are considered as dual-use items.
The export-controls apply to those that exceed certain technical thresholds, such as:
- Range and autonomy: Drones with a long range, the ability to fly out of the operator's line of sight or with a long flight duration;
- Payload: Systems capable of carrying specific payloads (e.g. over 500 kg at a distance of 300 km fall under the Missile Technology Control Regime);
- Specialized equipment: Availability of aerosol dispersion mechanisms or specific sensors.
In general, a preliminary opinion may be requested from the Directorate “Internationally Controlled Trade and Security” at the Ministry of Economy and Industry (MII) for the classification of items or technologies in accordance with Regulation 428/2009 and the subsequent amendments and supplements, e.g. whether the drones in question classify as dual use items.
For the purpose, submitted should be an Application form (Application Form for Classification of Items for Export, Transfer and Re-Export, Application Form for Classification of Items for Transit, Transport and Brokerage or Application Form for Classification of Items for Import) with attached documents, as listed in the application form.
Response (opinion) by MII should be given within a term of 7 business days, following submission.
If the opinion startes that the drones in question do not classify as dual use items, they may be freely exported to Serbia, whereby the MII's opinion should be presented to the customs authorities.
However, if the particular drones classify as dual use item, an export license shall be needed, which requires submission (generally) of an Application (as per model form/template) and documents certifying:
1. the parties to the specific transaction and their right to carry out the relevant activities;
2. the type and origin of dual-use items;
3. the end use, the end user;
4. the terms of delivery.
The procedure for license issuance and the obtaining of the very license may take, in reality, up to 45 days.
Apart from this, before applying for a license, the exporter of the goods/items should be registered with the MII.
Kind regards,
Roman Stoyanov