Explanatory Memorandum to COM(2010)509 - Amendment of Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual use items - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2010)509 - Amendment of Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and ... |
|---|---|
| source | COM(2010)509  |
| date | 27-09-2010 |
Decisions to control the export of dual-use items are taken by consensus in international export control regimes (Australia Group (AG) for biological and chemical items; Nuclear Suppliers Group (NSG) for civil nuclear items, the Missile Technology Control Regime (MTCR) and the Wassenaar Arrangement (WA) for conventional arms and dual-use goods and technologies). These decisions are taken in order to limit the risk of sensitive dual-use items being used for military purposes and/or in proliferation programmes. With a view to making such controls as effective as possible, the international export control regimes bring together the major suppliers of dual-use items. By agreeing to control trade in specific items, they effectively work together to limit the proliferation risk, while ensuring that legitimate trade is not hindered.
Technological progress in today's world means that there is a need to regularly update the list of controlled items. Article 15 of Regulation 428/2009 specifies that 'the list of dual-use items set out in Annex I shall be updated in conformity with the relevant obligations and commitments, and any modification thereof, that Member States have accepted as members of the international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties'.
The last update of Annex I of the Regulation occurred on the occasion of the adoption of Regulation 428/2009 on 5 May 2009. Since this time, all of the international export control regimes have taken decisions to modify and update their control lists. Consequently, there is a need to make the necessary modifications to Annex I. These modifications will ensure that the commitments made by EU Member States in the regimes are fully applied across the entire EU and that EU exporters have legal certainty as to which items require export licenses.
To facilitate the decision making process, a summary of the necessary changes is detailed below. For the purpose of clarity and ease of use of Annex I, the Commission is proposing to replace the entire Annex I with a new text incorporating the changes outlined below.
Contents
- Modifications to the definitions and the general note
- 1A001.b. WA Sub-entry for components for fluorinated compounds amended
- 1A002 Note WA Note 1 to control entry for composite structures amended
- 1A Edit Control entry amended to define energetic materials
- 1B001.g. WA New sub-entry for tow placement machines added
- 1C002.b. WA Sub-entry for metal alloy made from powder or particulate material amended
- 1C006.c.1. WA CAS number added to sub-entry for dibromotetrafluoroethane
- 1C007.f.1. WA CAS number added to sub-entry for aluminum oxide
- 1C008.b.1.a. WA CAS number added to sub-entry for certain thermoplactic liquid crystal copolymers
- 1C011.c. WA CAS number added to sub-entry for guanidine nitrate
- 1C111.a.4.k. MTCR CAS number added to sub-entry for diimido oxalic acid dihydrazine
- 1C111.a.4.n. MTCR CAS number added to sub-entry for hydrazinium diperchlorate
- 1C111.c.6.h. MTCR CAS number added to sub-entry for diethyl ferrocene
- 1C111.c.6.o. Note MTCR New decontrol note for certain ferrocene derivatives
- 1C MTCR Control entry amended due to amendment in 1C
- 1C AG Sub-entry for white pox virus removed
- 1E002.c.1.c.1. WA CAS number for zirconia added to sub-entry
- Category
- Category
- 4D Note WA Note amended
- Category 5 Part
- Category 5 Part
- Category
- 6A003 N.B. WA Nota Bene amended to
- 6A003.b.4. Edit Editorial amendment to imaging camera sub-entry
- Category
- 7B001 Tech Note WA Tech Note amended
- 7D003.b.2. WA Sub-entry for software for GNSS reference data amended
- Category
- Category
- 9A001.a. WA Sub-entry for aero gas turbines amended to include FADEC technology
- 9A WA Control entry for components for gas turbines propulsion systems amended to include FADEC technology
- 9B WA Control entry for certain test systems for gas turbines engine development amended to include FADEC technology
- 9D WA Control for software for FADEC systems amended
- Commission proposal
Definition and General Note Regime Nature of change
General Note 4. AG Note for CAS number added
All compensations available WA Definition amended
CE WA Definition deleted
Civil aircraft WA Reference to Category amended
Computer element WA Definition deleted
Critical temperature WA Reference to Category amended
Digital transfer rate WA Reference to Category amended
Dynamic adaptive routing WA Definition deleted
Energetic materials WA New definition
FADEC Systems WA New definition
FADEC WA Definition deleted
Fibrous or filamentary materials WA Reference to Category amended
Focal plane array WA Reference to Category amended
Full Authority Digital Engine Control WA Definition deleted
Fuel cell WA New definition
Hybrid computer WA Definition deleted
Interconnecting radar sensors WA Definition deleted
Laser WA Nota Bene amended
Laser duration WA Reference to Category amended
Personalized smart card WA Definition deleted
Production facilities MTCR Definition amended
Q-switched laser WA Definition deleted
Real time processing WA Reference to Category amended
Source code WA Reference to Category amended
Space-qualified WA Reference to Category amended
Superconductive WA Reference to Category amended
Modifications to items in categories 1-9
Category
1B001, a., b. & Tech Note WA Control entry and sub-entries for composite materials production equipment amended; new Technical Note added
1C008.b.1.a. WA CAS number added to sub-entry for certain thermoplactic liquid crystal copolymers
1C008.b.2.a., b. & c. WA CAS number added to sub-entry for certain thermoplactic liquid crystal copolymers
1C010, a. & c. WA Control entry and sub-entries for fibrous and filamentary material amended.
1C010.b. & Note WA Sub-entry and parameters for carbon fibrous and filamentary material amended; Note amended and expanded
1C010.e., Note 1 & 2, & Tech Note WA Sub-entry for prepregs re-written including new Notes and Technical Note
1C111.a.5, 5.a., 5.b., Note & Tech Note MTCR New sub-entry for high energy density material including Note and Technical Note
1C117, a., b., c. & Tech Note MTCR Control entry for tungsten and molybdenum material re-written; new Technical Note added
Category
2B006.a. & Tech Note WA Sub-entry for Coordinate Measuring Machines amended and new Technical note added
2B206.a. & Tech Note NSG Sub-entry for Coordinate Measuring Machines amended; Technical note 1 deleted; Technical Note 2 renamed
2B350.a., b., c., d., e., f., h., i., j. & Tech Note AG Local definition of alloys added to sub-entries for corrosive resistant chemical manufacturing equipment and new Technical Note added for alloys.
2B350.g.8. & Tech note AG & Edit Technical note added for nominal size of valve and minor editorial change to sub-entry
2B AG Control entry for toxic gas monitoring systems amended.
2E003.f. Note N.B. Edit Missing N.B. for Deposition Techniques Table added.
3A001.b.8.b. WA Sub-entry amended.
3A001.b.11. & N.B. WA New sub-entry for frequency synthesizer assemblies; new Nota Bene.
3A002.b. WA Sub-entry deleted and control moved to 3A001.b.11.
3A002.e., 1., & 2. WA Sub-entry for network analysers amended to include 2 new sub-paragraphs.
3A228.c. Edit Sub-entry for switching devices amended to avoid double coverage.
3B001.c.1. & 2. WA Sub-entry for anisotropic plasma dry etching equipment amended to include 2 new sub-paragraphs.
3B001.e., Note & Tech Note WA Sub-entry for automatic loading wafer handling system and associated Note amended and new Technical Note added.
4A001.b. WA Sub-entry for computers having information security functions deleted. Controls now to be found in Cat 5 Part 2.
4A003.b. WA APP parameter for sub-entry for digital computers amended.
4A003.g. WA Sub-entry for equipment aggregating the performance of digital computers amended.
4D001.b.1. WA Parameter in sub-entry for software for digital computers amended.
4D WA Control entry deleted. Controls now to be found in Cat 5 Part 2.
4E001.b.1. WA Parameter in sub-entry for technology for digital computers amended.
Cat 5 Pt 1 Note1 N.B. WA New Nota Bene added for laser telecommunications equipment.
5B001.b.1. Tech Note WA Sub-entry and Tech Note deleted for certain equipment employing digital techniques.
5B001.b.3. WA Sub-entry deleted for certain equipment employing optical switching.
5D001.d.1. WA Sub-entry deleted for certain software for equipment employing digital techniques.
5D001.d.3. WA Sub-entry deleted for certain software for equipment employing optical switching.
5E001.c.1. & Tech Note WA Parameter in sub-entry for certain technology for equipment employing digital techniques amended and Tech Note amended.
5E001.c.3. WA Sub-entry for certain technology for equipment employing optical switching amended.
Cat 5 Pt 2 Note WA New decontrol Note for certain equipment employing cryptography.
5A002.a. & N.B. WA Sub-entry for information security items and Nota Bene amended.
5A002.a. Note a. & Tech Note Note a. amended and new Tech Note added.
5A002.a. Note b. WA Note b. deleted as now covered by new Note 4.
5A002.a. Note c. WA Note c. deleted as now covered by new Note 4.
5A002.a. Note h. WA Note h. deleted as now covered by new Note 4.
6A001.a.1.a. WA Sub-entry for bathymetric survey systems amended.
6A001.a.1.a.2. WA Sub paragraph amended.
6A001.a.1.d., d.1., & d.2. WA Sub entry and sub-paragraphs for certain acoustic systems amended.
6A001.a.1.e., N.B & Tech Note WA New sub-entry for active individual sonars, including Nota Bene and Tech Note.
6A002.c. WA Sub-entry for FPA direct view imaging equipment amended.
6A003.b.2. Note WA New decontrol Note added to sub-entry for scanning cameras.
6A003.b.4. Note Edit Editorial amendment to imaging camera Note.
6A003.b.4.c., Note 4.c. WA New sub-paragraph added to decontrol Note.
6A005.d.1. Tech Notes 1., 2. & 3. WA Technical Note to semiconductor lasers sub-entry amended to include 2 new Tech Notes.
6A005.d.1.b.1. WA Parameter in sub-entry for individual multiple-transverse mode semiconductor laser amended.
6A005.d.1.c. WA Sub-entry for individual semiconductor laser arrays amended to bars and parameter amended.
6A005.d.1.d., d.1., d.2., d.3., d.4. & Tech Note WA Sub-entry for semiconductor stacked arrays rewritten and includes 4 new sub-paragraphs and Tech Note.
6A005.d.1.e. & Notes WA New sub-entry for semiconductor stacked arrays including 2 new sub-paragraphs and 3 new Notes.
6A008 & Note WA Decontrol Note amended to include certain precision approach radar.
6A008.e. WA Sub-entry for radars incorporating electronically steerable array antennas amended.
6A008.f. WA Note to sub-entry for radar capable of heightfinding non-cooperative targets deleted.
6A008.l.4. WA Sub-paragraph for radar having data processing sub-systems amended.
6C004.b.1., 2. & 3. WA CAS numbers added to sub-parameters for electro-optic material.
6C004.e. WA CAS numbers added to sub-entry for optical glass material.
6D003.a.5. WA New sub-entry for certain software for detecting divers or swimmers.
6D003.h.1. WA Sub-entry for Air Traffic Control software rewritten to include the 2 sub-paragraphs.
7A005, a., b., Note & Tech Note WA Control entry for global navigation satellite systems re-written including new Note and Technical Note
7A101 Note MTCR Note to control on linear accelerators amended.
7E004.b.6. N.B. WA Nota Bene amended.
8A002.f. WA Control entry for electronic underwater imaging systems deleted from Cat 8. Controls now to be found in Cat 6.
8A002.j. Edit Editorial amendment to define Fuel cell.
9A WA Control entry for components for gas turbines propulsion systems amended to include FADEC technology
9A MTCR Control entry for turbojet and turbofan engines amended.
9B WA Control entry for certain test systems for gas turbines engine development amended to include FADEC technology
9E003.a.9. WA Sub-entry for FADEC technology moved to 9E003.h.
9E003.h. & Note WA New sub-entry for FADEC technology including a new Note
In the light of the above considerations it is necessary to replace Annex 1 of Regulation (EC) No 428/2009.