Transfer and Export Policy

Scope

This memo summarizes the EU and Bulgarian licensing regime for civilian (non‑military) sales within the European Union and export of:

a) Gen‑2+ night‑vision devices without reticle using image intensifier tubes (monoculars, binoculars); and

b) thermal imagers with a 50 Hz frame rate (monoculars, binoculars, rifle scopes, clip ons). These items may be classified as dual-use goods under Annex I (Category 6) of Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (“Regulation (EU) 2021/821”), specifically within the following categories:

1. Night‑vision tubes: 6A002.a.2 (image intensifier tubes)
2. Devices that directly incorporate such tubes fall under 6A002.c (“direct‑view” imaging equipment).
3. Thermal imagers: 6A003.b.4 (imaging cameras incorporating focal plane arrays). 9 Hz and below are carved‑out; 50 Hz remains controlled under 6A003.b.4.

Licensing Posture — Intra‑EU Transfers

Under Regulation (EU) 2021/821, an authorization is required for intra‑Union transfers (any transfer or movement of items from and to the territory of a Member State, without leaving the customs territory of the Union) only for items listed in Annex IV (Art. 11(1)) of the Regulation. Annex IV includes only a subset of the items classified in Annex. Annex I categories 6A002 and 6A003 items are not listed in Annex IV; therefore, no transfer license is normally required for sales between EU Member States, provided the items are not military‑listed and no specific national control applies.

Bulgarian Implementation & Registration

Regulation (EU) 2021/821 via its Defense-Related Products and Dual-Use Items and Technologies Export Control Act (hereinafter referred to as the “Export Control Act”) and the Regulation on Implementation of the Export Control Act. Companies engaged in regulated activities involving dualuse items, incl. transfers, must maintain registration with the Ministry of Economy and Industry. The application is administered by the Ministry of Economy and Industry (Directorate “Internationally Controlled Trade & Security”). The Export Control Act defines “Transfer” as “any transfer or movement of defence- related products and dual-use items or technical assistance from and to the territory of the Republic of Bulgaria, without leaving the customs territory of the Union, from a supplier to a recipient in another Member State”. Bulgarian regulations do not deviate from Regulation (EU) 2021/821 regarding dual-use transfer requirements. Accordingly, transfer transfer authorizations are required only for Annex IV items.

For civilian sales for use for hunting, recreational activities, industry, construction, search & rescue, home security within the EU of Gen‑2+ night‑vision devices (6A002/6A002.c) and 50 Hz thermal imagers (6A003.b.4), no intra‑EU transfer license is required because these items are not listed in Annex IV.

Legal References

Regulation (EU) 2021/821 — Art. 3; Art. 11(1), 11(2), 11(9); Annex I (Category 6); Annex IV.

Export Outside the EU from Bulgaria

Dual-use items listed in Annex I of Regulation (EU) 2021/821 are subject to export control and require an export license if subject to export outside EU.

To carry out exports outside the EU custom territory of Gen2+ nightvision devices (6A002/6A002.c) and 50 Hz thermal imagers (6A003.b.4) from Bulgaria, companies must register with the Bulgarian Ministry of Economy and Industry by submitting an application for export and transfer registration, along with the required supporting documents. The procedure for registration is defined in the Regulation on Implementation of the Export Control Act.

Once registered and issued a certificate of registration, exporters may then apply for an export license for dual-use items and technologies.

If the export is to be carried out from another EU Member State, please consult the competent national authority in that country.

Legal References

Regulation (EU) 2021/821 — Art. 3; Art. 11(1), 11(2), 11(9); Annex I (Category 6); Annex IV.

Annex I classifications: 6A002.a.2; 6A002.c; 6A003.b.4 (≤9 Hz carve‑out does not apply to 50 Hz).

Bulgaria: national Export Control Act and the Regulation on Implementation of the Export Control Act competent authority — Defense Industry and Supplies Security Interdepartmental Council at the Council of Ministers, Ministry of Economy and Industry (Directorate “Internationally Controlled Trade & Security”) and Interministerial Commission for Export Control and Non-Proliferation of Weapons for Mass Destruction with the Minister of Economy and Industry.

This document is current as of October 2025 and is provided for informational purposes only. It does not constitute legal advice. Regulatory requirements may change over time. For guidance on specific transactions, please consult the relevant local authorities and qualified legal or compliance professionals.