Regulation 2009/428 - Community regime for the control of exports, transfer, brokering and transit of dual-use items (recast) - Main contents
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official title
Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (recast)| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2009/428 |
| Original proposal | COM(2006)829  |
| CELEX number i | 32009R0428 |
| Document | 05-05-2009 |
|---|---|
| Publication in Official Journal | 29-05-2009; Special edition in Croatian: Chapter 02 Volume 007,OJ L 134, 29.5.2009 |
| Effect | 27-08-2009; Entry into force Date pub. + 90 See Art 28 |
| End of validity | 08-09-2021; Partial end of validity See 32021R0821 Art. 31 31-12-9999; See 32021R0821 Art. 31 |
29.5.2009 |
EN |
Official Journal of the European Union |
L 134/1 |
COUNCIL REGULATION (EC) No 428/2009
of 5 May 2009
setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items
(Recast)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) |
Council Regulation (EC) No 1334/2000 of 22 June 2000 setting up a Community regime for the control of exports of dual-use items and technology (1) has been significantly amended on several occasions. Since further amendments are to be made, it should be recast in the interests of clarity. |
(2) |
Dual-use items (including software and technology) should be subject to effective control when they are exported from the European Community. |
(3) |
An effective common system of export controls on dual-use items is necessary to ensure that the international commitments and responsibilities of the Member States, especially regarding non-proliferation, and of the European Union (EU), are complied with. |
(4) |
The existence of a common control system and harmonised policies for enforcement and monitoring in all Member States is a prerequisite for establishing the free movement of dual-use items inside the Community. |
(5) |
The responsibility for deciding on individual, global or national general export authorisations, on authorisations for brokering services, on transits of non-Community dual-use items or on authorisations for the transfer within the Community of the dual-use items listed in Annex IV lies with national authorities. National provisions and decisions affecting exports of dual-use items must be taken in the framework of the common commercial policy, and in particular Council Regulation (EEC) No 2603/69 of 20 December 1969 establishing common rules for exports (2). |
(6) |
Decisions to update the common list of dual-use items subject to export controls must be in conformity with the obligations and commitments that Member States have accepted as members of the relevant international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties. |
(7) |
Common lists of dual-use items, destinations and guidelines are essential elements for an effective export control regime. |
(8) |
Transmission of software and technology by means of electronic media, fax or telephone to destinations outside the Community should also be controlled. |
(9) |
Particular attention needs to be paid to issues of re-export and end-use. |
(10) |
On 22 September 1998 representatives of the Member States and the European Commission signed Protocols additional to the respective safeguards agreements between the Member States, the European Atomic Energy Community and the International Atomic Energy Agency, which, among other measures, oblige the Member States to provide information on transfers of specified equipment and non-nuclear material. |
(11) |
The Community has adopted a body of customs rules, contained in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (3) (hereinafter the Community Customs Code) and Commission Regulation (EEC) No 2454/93 (4) implementing Regulation (EEC) No 2913/92 which lay down, among other things, provisions relating to the export and re-export of goods. Nothing in this Regulation constrains any powers under and pursuant to the Community Customs Code and its implementing provisions. |
(12) |
Pursuant to and within the limits of Article 30 of the Treaty and pending a greater degree of harmonisation, Member... |
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