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Re-cast of Council Regulation (EC) No 1334/2000

NOTICES TO EXPORTERS - 2009/17 - 19 June 2009

CHANGES TO EU DUAL-USE LEGISLATION

  1. New EU legislation controlling exports, transfers, brokering and transit of dual-use items from, within or through the European Community comes in to force on 27th August 2009. The details are as follows:

  2. The re-cast Regulation, which is directly applicable in all Member States, replaces the existing Dual-Use Regulation (Council Regulation (EC) No.1334/2000). The main changes are:

    • New controls on provision of brokering services of dual-use items listed in Annex I to the re-cast Regulation if the broker has been informed by the competent authorities in the Member State where he is established that the items are or may be intended for Weapons of Mass Destruction (WMD) end-use; and where the broker is aware that such items are intended for WMD end-use he must notify the authorities who will decide whether to inform;
    • Controls on transit of non-community dual-use items listed in Annex I to the re-cast Regulation if the items are or may be intended for WMD end-use;
    • national options to extend transit and brokering controls to non-listed dual-use items for WMD end-use;
    • addition of a specific licence format for dual-use brokering services;
    • Other changes relating to harmonisation of Member States’ practices including information sharing and cooperation.

    Note: the UK already controls the transit or transhipment of dual-use items if the exporter or his agent are aware, has been informed, or suspects they are or may be intended for a WMD end-use.Inevitably, some paragraph numbers have changed and, for example, what was Article 21(7) requiring that export documents for intra-Community transfers of Annex I items contain a statement that the goods are subject to controls if exported from the Community has been re-numbered and is now Article 22(10).

  3. Implementation of the re-cast Regulation will require amendment of the Export Control Order 2008. It will also be necessary to update SPIRE to provide for licence applications for brokering of dual-use items. A further Notice to Exporters giving details of these changes and additional guidance information on brokering of dual-use items will be published in due course.

  4. In addition the opportunity has been taken to revise Annex I of the Regulation to take into account changes resulting from the review of the Wassenaar Arrangement (WA), Missile Technology Control Regime (MTCR) and the Australia Group (AG) Dual-use lists in 2008. A summary of the main changes and the entries where they occur are as follows:

 

Category 0

 
0A001.a.

Sub-entry amended for fission nuclear reactors.

0A001.b.Sub-entry amended.
  

Category 1

 
1A001.c., 1. & 2.

Sub-entry for components made from fluorinated compounds amended to included 2 new sub-paragraphs.

1A002 Note 3

Note 3 added to decontrol certain composite structures.

1A003 & N.B.

Sub-entry for aromatic polymides amended; New Nota Bene added

1A004 Note bNote amended
1A004.d., Tech Note & Notes 1 & 2

New sub-entry for electronic equipment for detecting or identifying explosive residues; Technical Note added; Decontrol Notes 1 and 2 added.

1A007.b.2. Tech Note 2

Minor amendment to Tech Note..

1A008 & Tech Note

New entry for charges and devices, includes 4 sub-entries for shape charges, linear cutting charges, detonating cord and cutters; Technical Note added.

1B001.f.2.

Sub-entry amended.

1B003.c.

Sub-entry amended.

1B101

Sub-entry amended to include fibre placement machines; Regime reference amended.

1C008.a. Note & N.B.

Note 2 deleted; Original Note 1 becomes Note; New Nota Bene added.

1C010.b. Tech Note

Technical Note amended.

1C111.a.2.d.

Minor editorial amendment.

1C111.a.4.a., b., d. & h.

CAS numbers added sub-entries for hydrazine derivatives

1C111c.6.b.

CAS numbers added to sub-entry for ferrocene additive.

1C111c.6.c. & f.

CAS numbers deleted to sub-entries for ferrocene additive.

1C111c.7.

New sub-entry for a triazole plasticiser.

1D003

Entry amended to include software related to new entry 1A004.b.; Regime reference added.

1E001

Entry amended to include technology related to new entries 1A006.b. and 1A007

1E002.g.

Sub-entry amended to include libraries related to new entry 1A004.b.

  

Category 2

 
2B116.b. Tech Note

Tech Note added to Vibration test system entry

2B120.b. & Note 2

Sub-paragraph for motion simulators amended; Note 2 added; Original Note re-numbered 1.

2B121.b.

Sub-paragraph amended.

2B122 & Note

Entry for centrifuges amended; New Note added.

2B350.e.

Minor editorial correction.

2B350.g.i., 1., 2. & 3.

New sub-paragraphs for valves with ceramic construction, includes 3 sub-paragraphs.

2B351Entry for toxic gas monitoring equipment amended to remove possible overlap of controls
2B352.d.1, b., b.1. & b.2.

Sub-entry for certain flow filtration equipment amended, includes 2 new sub-paragraphs.

2D351New control for toxic gas monitoring equipment software.
  

Category 3

 
3A Note 2 NB

Nota Bene to Note 2 deleted.

3A001.a.7. & Tech Notes 1 & 2FPGA sub-entry amended; new Tech Note added; original Tech Note renumbered 1
3A001.a.10.a. & b.

Parameters in sub-paragraphs amended for custom integrated circuits.

3A001.b.1.a.4.c.

Minor editorial amendment.

3A001.b.8.b.

Sub-paragraph amended.

3A001.b.10. a., b. & Tech Note

New sub-entry for oscillators and oscillator assemblies, including 2 sub-paragraphs and Tech Note.

3A001.c.

New de-control Note added for acoustic wave devices control.

3A001.c.1. & b.1., c.3 & Tech Note

Sub-entry and sub-paragraphs for surface acoustic wave devices amended; New Tech Note added.

3A001.c.2.

Sub-entry for bulk acoustic wave devices amended.

3A001.e.4.

Minor editorial amendment

3A001.f.

Sub-entry for rotary position encoders amended.

3A001.h., 1., 2., 3., Notes 1, 2 & 3 & Tech Note

New sub-entry for Solid state power switches including 3 sub-paragraphs, 3 new Notes and a Tech Note.

3A002.a.3.b.

Minor editorial amendment.

3A002.d.3.a, 4., 4.a., 4.b., & Tech Note

Sub-paragraphs for frequency synthesised signal generators amended; New Tech Note added.

3A002.g.

Minor editorial amendment; Regime reference moved to sub-paragraph 1.

3B001.a.1.

Note New Note added.

3C002.e.

Minor editorial amendment.

  

Category 4

 
4D001.b.1.

Sub-paragraph parameter amended.

4D003

Sub-entries deleted and original sub-entry c. renumbered 4D003.

4E001.b.1.Sub-paragraph parameter amended.
  

Category 5 Part 1

 
5A001.f., f.1., f.2. & f.3.

Sub-entry for jamming equipment amended; sub-paragraphs 1. and 2. amended; new sub-paragraph 3. added.

5A001.h. & N.B.

New sub-entry for electronic equipment to activate or prevent radio controlled improvised explosive devices, including N.B.

5B001.b.2.b.

Sub-paragraph amended for telecoms equipment employing lasers.

5D001.a.

Entry amended.

5E001.a.

Entry amended.

5E001.c.2.d.

Sub-paragraph amended.

5E001.c.2. N.B.

Nota Bene added.

5E001.c.6.

New control on technology for certain mobile equipment

5E001.d., 1., 2., 3., 4., 5. & 6.

New control on technology for certain telecoms microwave monolithic integrated circuits, includes 6 new sub-paragraphs.

5E001.e., 1. & 2.New control on technology for certain telecoms devices containing superconducting materials, includes 2 new sub-paragraphs.
  

Category 5 Part 2

 
5A002.a.7.

New sub-entry for security systems exceeding EAL-6.

5A002.a. Note h

New decontrol for certain equipment for servicing portable or mobile radiotelephones.

5A002.a. Note i

New decontrol for certain wireless equipment with range of 30m or less.

5B002.a.

Sub-entry amended for information security development and production equipment; 2 original sub-paragraphs removed.

5B002.b.

Sub-entry amended for information security measuring equipment.

5D002.a.

Sub-entry for cryptographic software amended.

5D002.c.1.

Sub-entry for cryptographic software amended.

5E002Sub-entry for technology for cryptography related items amended.
  

Category 6

 
6A001.c.

New sub-entry for certain diver deterrent acoustic systems.

6A002.a.1.

New Note added.

6A002.a.1.d.

New sub-entry for space qualified FPAs that where previously specified by 6A002.e.

6A002.a.2.a.3.a. & c.

Sub-paragraph for image intensifier photocathodes amended; Note to c. deleted.

6A002.a.2.b.3.

Sub-paragraph for image intensifier photocathodes amended; Note to 3. deleted.

6A002.b. Note

Note added to sub-entry for imaging sensors for remote sensing applications.

6A002.e.

Sub-entry moved to 6A002.a.1.d., now not used.

6A003.b.4.d.

Sub-entry deleted.

6A003.b.5.

Minor editorial amendment.

6A004.c.1. & 4.

Sub-paragraphs for space qualified optical system components amended.

6A004.d.1. & 2.

Sub-paragraphs for optical control equipment amended.

6A005.b.6.b.

Sub-paragraph for laser control amended.

6A006.a.1., a. & b.

Sub-entry and sub-paragraphs amended for magnetometers.

6A006.a.2.

Sub-entry amended for magnetometers; regime reference amended.

6A006.a.3.

Sub-entry amended for magnetometers.

6A006.a.4.

Sub-entry amended for magnetometers.

6A006.a.5

Sub-entry amended for magnetometers.

6A006.b.

Sub-entry amended for underwater electric field sensors.

6A006.c.2. & 3.

Sub-paragraphs amended for magnetic gradiometers.

6A006 Tech Note

New technical Note added.

6A008.j. Notes 1, 2 & 3

New Notes 1, 2 and 3 added; original Note deleted.

6A008.j.3.

New sub-entry for LIDAR equipment for airborne surveys

6A108.b.2.a.

Parameter in sub-entry for tracking systems amended

6D003.b., c., d., e., f., g. & h.New sub-entry c. for software to allow increase of frame rate in certain electronic cameras; Original sub-entry b. re-numbered f.; Original sub-entry c. re-numbered g.; Original sub-entry d. re-numbered h.; Sub-entries b., d. and e. not used.
  

Category 7

 
7A003.c. & c.1.

Sub-entry for inertial equipment amended.

7A003 Tech Note 2Minor editorial amendment to Tech Note 2
7A101, Note & Tech NotesOriginal sub-entry b. deleted, now specified under 7A001.a.3.; Original sub-entry a. now 7A101; Note and Tech Note amended.
  

Category 8

 
8A001.b.3.a., b. & Tech Note 2

Original sub-paragraphs a. and d. deleted for manned submersibles; Original sub-paragraphs b. and c. re-numbered a. and b.; Tech Note 2 amended.

8A001.f., 1. & 2Sub-entry for underwater electronic imaging systems amended; 2 new sub-paragraphs included.
  

Category 9

 
9A012.b.2.

Sub-entry for UAV systems amended; Regime reference added.

9A108, a., b. & c.

Entry amended for solid rocket system to take into account MTCR change of 2007 to M3A3 of Technical Annex

9A110

Entry amended for certain composite structures.

9E101.a. & b.

Editorial amendment to control certain UAV technology; Original entry divided into new sub-entries a. and b.

9E102Editorial amendment to control certain UAV technology.


Please note the above list is not inclusive of all changes made and is intended to provide guidance only.
The full text of the re-cast Regulation, including the Annexes, can be accessed here: http://trade.ec.europa.eu/doclib/docs/2009/june/tradoc_143390.pdf

  1. For further details of strategic export controls please contact the ECO.

This notice is for information purposes only and has no force in law. Please note that where legal advice is required exporters should make their own arrangements.

Export Control Organisation

19 June 2009

NTE 200917

© Crown copyright2010