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Council Regulation (EC) No 428/2009Show full 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)

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  1. Introductory Text

  2. CHAPTER I SUBJECT AND DEFINITIONS

    1. Article 1.This Regulation sets up a Community regime for the control...

    2. Article 2.For the purposes of this Regulation: ‘dual-use items’ shall mean...

  3. CHAPTER II SCOPE

    1. Article 3.(1) An authorisation shall be required for the export of...

    2. Article 4.(1) An authorisation shall be required for the export of...

    3. Article 5.(1) An authorisation shall be required for brokering services of...

    4. Article 6.(1) The transit of non-Community dual-use items listed in Annex...

    5. Article 7.This Regulation does not apply to the supply of services...

    6. Article 8.(1) A Member State may prohibit or impose an authorisation...

  4. CHAPTER III EXPORT AUTHORISATION AND AUTHORISATION FOR BROKERING SERVICES

    1. Article 9.(1) Union General Export Authorisations for certain exports as set...

    2. Article 10.(1) Authorisations for brokering services under this Regulation shall be...

    3. Article 11.(1) If the dual-use items in respect of which an...

    4. Article 12.(1) In deciding whether or not to grant an individual...

    5. Article 13.(1) The competent authorities of the Member States, acting in...

    6. Article 14.(1) All individual and global export authorisations and authorisations for...

  5. CHAPTER IV UPDATING OF LIST OF DUAL-USE ITEMS

    1. Article 15.(1) The list of dual-use items set out in Annex...

  6. CHAPTER V CUSTOMS PROCEDURES

    1. Article 16.(1) When completing the formalities for the export of dual-use...

    2. Article 17.(1) Member States may provide that customs formalities for the...

    3. Article 18.The provisions of Articles 843 and 912a to 912g of...

  7. CHAPTER VI ADMINISTRATIVE COOPERATION

    1. Article 19.(1) Member States, in cooperation with the Commission, shall take...

  8. CHAPTER VII CONTROL MEASURES

    1. Article 20.(1) Exporters of dual-use items shall keep detailed registers or...

    2. Article 21.In order to ensure that this Regulation is properly applied,...

  9. CHAPTER VIII OTHER PROVISIONS

    1. Article 22.(1) An authorisation shall be required for intra-Community transfers of...

    2. Article 23.(1) A Dual-Use Coordination Group chaired by a representative of...

    3. Article 23a.(1) The power to adopt delegated acts is conferred on...

    4. Article 23b.(1) Delegated acts adopted under this Article shall enter into...

    5. Article 24.Each Member State shall take appropriate measures to ensure proper...

    6. Article 25.(1) Each Member State shall inform the Commission of the...

    7. Article 25a.Without prejudice to the provisions on mutual administrative assistance agreements...

    8. Article 26.This Regulation does not affect: the application of Article 296...

    9. Article 27.Regulation (EC) No 1334/2000 is repealed with effect from 27...

    10. Article 28.This Regulation shall enter into force 90 days after the...

  10. Signature

    1. ANNEX I

      1. LIST OF DUAL-USE ITEMS (referred to in Article 3 of this Regulation)

        1. GENERAL NOTES TO ANNEX I

          1. 1. 1.For control of goods which are designed or modified for military use, see the relevant

          2. 2. The object of the controls contained in this Annex should not be defeated by the export of any non-controlled goods (including plant) containing one or more controlled components when the controlled component or components are the principal element of the goods and can feasibly be removed or used for other purposes.

            1. N.B. N.B.In judging whether the controlled component or components are to be considered the principal element,

          3. 3. 3.Goods specified in this Annex include both new and used goods.

          4. 4. 4.In some instances chemicals are listed by name and CAS number. The list applies to

        2. NUCLEAR TECHNOLOGY NOTE (NTN)

        3. GENERAL TECHNOLOGY NOTE (GTN)

          1. Note: Note:This does not release such "technology" specified in 1E002.e., 1E002.f., 8E002.a. and 8E002.b.

        4. NUCLEAR SOFTWARE NOTE (NSN)

          1. Note: Note:The Nuclear Software Note does not release "software" specified in Category 5 - Part 2

        5. GENERAL SOFTWARE NOTE (GSN)

        6. GENERAL "INFORMATION SECURITY" NOTE (GISN)

        7. EDITORIAL PRACTICES IN THE OFFICIAL JOURNAL OF THE EUROPEAN UNION

        8. ACRONYMS AND ABBREVIATIONS USED IN THIS ANNEX

        9. DEFINITIONS OF TERMS USED IN THIS ANNEX

          1. N.B. N.B.Category references are given in brackets after the defined term.

          2. N.B. N.B.See Category 4, Technical Note.

          3. N.B. N.B.See also "civil aircraft".

          4. N.B. N.B.Additional and alternative allocations are not included.

          5. N.B. N.B.A common use of "asymmetric algorithms" is key management.

          6. N.B.1. N.B.1."Basic gate propagation delay time" is not to be confused with the input/output delay time

          7. N.B.2. 'Family' consists of all integrated circuits to which all of the following are applied as their manufacturing methodology and specifications except their respective functions:

          8. N.B. N.B.See also "aircraft".

          9. Technical Notes:

            1. 1. 1."Cryptographic activation" techniques and mechanisms may be implemented as hardware, "software" or "technology".

            2. 2. 2.Mechanisms for "cryptographic activation" can, for example, be serial number-based licence keys or authentication instruments

          10. Note: Note:"Cryptography" does not include 'fixed' data compression or coding techniques.

          11. Technical Notes:

            1. 1. 1.'Secret parameter': a constant or key kept from the knowledge of others or shared only

            2. 2. 2.'Fixed': the coding or compression algorithm cannot accept externally supplied parameters (e.g., cryptographic or key

          12. N.B. N.B.Modifications of a stored sequence of instructions include replacement of fixed storage devices, but not

          13. N.B. N.B.See also "total digital transfer rate".

          14. N.B.1. N.B.1.'Circuit element': a single active or passive functional part of an electronic circuit, such as

          15. N.B.2. N.B.2.'Discrete component': a separately packaged 'circuit element' with its own external connections.

          16. N.B. N.B.'Active tooling unit' means a device for applying motive power, process energy or sensing to

          17. N.B. N.B.'Circuit element' is a single active or passive functional part of an electronic circuit, such

          18. N.B. N.B.This is not intended to include a stack of single detector elements or any two,

          19. N.B.1. N.B.1.'Circuit element': a single active or passive functional part of an electronic circuit, such as

          20. N.B.2. N.B.2.'Discrete component': a separately packaged 'circuit element' with its own external connections.

          21. Technical Note:

          22. N.B. N.B.See also "magnetic gradiometer".

          23. Notes:

            1. 1. "Intrusion software" does not include any of the following:

            2. 2. 2.Network-capable devices include mobile devices and smart meters.

          24. Technical Notes:

            1. 1. 1.'Monitoring tools': "software" or hardware devices, that monitor system behaviours or processes running on a

            2. 2. 2.'Protective countermeasures': techniques designed to ensure the safe execution of code, such as Data Execution

          25. N.B. N.B.See also"Chemical laser";"CW laser";"Pulsed laser";"Super High Power Laser".

          26. N.B. N.B.'Data device' means equipment capable of transmitting or receiving sequences of digital information.

          27. N.B. N.B.See also "intrinsic magnetic gradiometer".

          28. N.B. N.B.The internal storage may be augmented by an external storage.

          29. N.B.1. N.B.1.The "microprocessor microcircuit" normally does not contain integral user-accessible storage, although storage present on-the-chip may

          30. N.B.2. N.B.2.This includes chip sets which are designed to operate together to provide the function of

          31. N.B. N.B.'Circuit element' is a single active or passive functional part of an electronic circuit, such

          32. Note: "OAM" does not include any of the following tasks or their associated key management functions:

          33. Technical Note:

          34. Technical Note:

          35. Technical Note:

          36. N.B. The above definition does not include the following devices:

          37. N.B. N.B.'Strand' is a bundle of "monofilaments" (typically over 200) arranged approximately parallel.

          38. N.B. N.B.'Microprogram' means a sequence of elementary instructions, maintained in a special storage, the execution of

          39. N.B. N.B.A determination that a specific item is "Space-qualified" by virtue of testing does not mean

          40. N.B.1. N.B.1.'Discrete component': a separately packaged 'circuit element' with its own external connections.

          41. N.B.2. N.B.2.'Circuit element': a single active or passive functional part of an electronic circuit, such as

          42. N.B. N.B.The "superconductive" state of a material is individually characterised by a "critical temperature", a critical

          43. N.B. N.B.A common use of "symmetric algorithms" is confidentiality of data.

          44. N.B. N.B.'Strand' is a bundle of "monofilaments" (typically over 200) arranged approximately parallel.

          45. N.B.1. N.B.1.'Technical assistance' may take forms such as instructions, skills, training, working knowledge and consulting services

          46. N.B.2. N.B.2.'Technical data' may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs

          47. N.B. N.B.See also "digital transfer rate".

          48. N.B. N.B.'Strand' is a bundle of "monofilaments" (typically over 200) arranged approximately parallel.

      2. CATEGORY 0 — NUCLEAR MATERIALS, FACILITIES, AND EQUIPMENT

        1. Systems, Equipment and Components

        2. Test, Inspection and Production Equipment

          1. Technical Note:

          2. Note: 0B006 includes:

        3. Materials

          1. Note: 0C001 does not control the following:

          2. Note: Note:0C002 does not control four "effective grammes" or less when contained in a sensing component

          3. N.B. N.B.SEE ALSO 1C107

          4. Note 1: Note 1:For the purpose of export control, the competent authorities of the Member State in

          5. Note 2: In 0C004, 'boron equivalent' (BE) is defined as the sum of BE z for impurities (excluding BE carbon since carbon is not considered an impurity) including boron, where:

        4. Software

        5. Technology

      3. CATEGORY 1 — SPECIAL MATERIALS AND RELATED EQUIPMENT

        1. Systems, Equipment and Components

          1. N.B. N.B.SEE ALSO 1A202, 9A010 and 9A110

          2. Note 1 : 1A002 does not control "composite" structures or laminates made from epoxy resin impregnated carbon "fibrous or filamentary materials" for the repair of "civil aircraft" structures or laminates, having all of the following:

          3. Note 2: 1A002 does not control semi-finished items, specially designed for purely civilian applications as follows:

          4. Note 3: 1A002.b.1. does not control semi-finished items containing a maximum of two dimensions of interwoven filaments and specially designed for applications as follows:

          5. Note 4: Note 4:1A002 does not control finished items specially designed for a specific application.

          6. Note : Note1A003 does not control manufactures when coated or laminated with copper and designed for the

          7. N.B. N.B.For "fusible" aromatic polyimides in any form, see 1C008.a.3.

          8. N.B. N.B.SEE ALSO MILITARY GOODS CONTROLS, 2B351 AND 2B352.

          9. Technical Notes:

            1. 1. 1.1A004 includes equipment and components that have been identified, successfully tested to national standards or

            2. 2. 2.'Simulant' is a substance or material that is used in place of toxic agent (chemical

            3. 3. 3.For the purposes of 1A004, 'radioactive materials' are those selected or modified to increase their

          10. N.B. N.B.SEE ALSO MILITARY GOODS CONTROLS.

          11. N.B. N.B.For "fibrous or filamentary materials" used in the manufacture of body armour, see 1C010.

          12. Note 1 : Note 11A005 does not control body armour when accompanying its user for the user's own

          13. Note 2: Note 2:1A005 does not control body armour designed to provide frontal protection only from both

          14. Note 3: Note 3:1A005 does not control body armour designed to provide protection only from knife, spike,

          15. N.B. N.B.SEE ALSO MILITARY GOODS CONTROLS.

          16. Technical Note:

          17. Note: Note:1A006 does not control equipment when accompanying its operator.

          18. N.B. N.B.SEE ALSO MILITARY GOODS CONTROLS, 3A229 AND 3A232.

          19. Technical Notes:

            1. 1. 1.The word initiator or igniter is sometimes used in place of the word detonator.

            2. 2. 2.For the purpose of 1A007.b. the detonators of concern all utilise a small electrical conductor

          20. Technical Note:

          21. N.B. N.B.SEE ALSO 9A010 AND 9A110.

          22. Technical Note:

        2. Test, Inspection and Production Equipment

          1. N.B. N.B.SEE ALSO 1B101 AND 1B201.

          2. Technical Notes:

            1. 1. 1.For the purpose of 1B001, 'primary servo positioning' axes control, under computer program direction, the

            2. 2. 2.For the purposes of 1B001, a 'filament band' is a single continuous width of fully

          3. N.B. N.B.SEE ALSO 1B102.

          4. N.B. N.B.SEE ALSO 1B201.

          5. Note: Note:Components and accessories specified in 1B101 include moulds, mandrels, dies, fixtures and tooling for the

          6. N.B. N.B.SEE ALSO 1B115.b.

          7. Note: 1B102 includes:

          8. Note 1: Note 1:For equipment specially designed for the production of military goods, see the Military Goods

          9. Note 2: Note 2:1B115 does not control equipment for the "production", handling and acceptance testing of boron

          10. Note: Note:In 1B117.d. the term 'mixing/kneading shaft' does not refer to deagglomerators or knife-spindles.

          11. Note: 1B226 includes separators:

          12. Technical Note:

          13. N.B. N.B.SEE ALSO MILITARY GOODS CONTROLS.

          14. Technical Note:

        3. Materials

          1. Technical Note:

          2. N.B. N.B.SEE ALSO 1C101.

          3. N.B. N.B.SEE ALSO 1C202.

          4. Note: Note:1C002 does not control metal alloys, metal alloy powder and alloyed materials, specially formulated for

          5. Technical Notes:

            1. 1. 1.The metal alloys in 1C002 are those containing a higher percentage by weight of the

            2. 2. 2.'Stress-rupture life' should be measured in accordance with ASTM standard E-139 or national equivalents.

            3. 3. 3.'Low cycle fatigue life' should be measured in accordance with ASTM Standard E-606 'Recommended Practice

          6. Technical Note:

          7. N.B.: N.B.:SEE ALSO 1C107.

          8. Technical Notes:

            1. 1. 1.The 'glass transition temperature (Tg)' for 1C008.a.2. thermoplastic materials, 1C008.a.4. materials and 1C008.f materials is

            2. 2. 2.The 'glass transition temperature (Tg)' for 1C008.a.2. thermosetting materials and 1C008.a.3. materials is determined using

          9. N.B. N.B.SEE ALSO 1C210 AND 9C110.

          10. Technical Notes:

            1. 1. 1.For the purpose of calculating "specific tensile strength", "specific modulus" or specific weight of "fibrous

            2. 2. 2.Assessing the "specific tensile strength", "specific modulus" or specific weight of non-unidirectional "fibrous or filamentary

          11. N.B. N.B.SEE ALSO MILITARY GOODS CONTROLS and 1C111.

          12. N.B. N.B.See also Military Goods Controls for metal powders mixed with other substances to form a

          13. Technical Note:

          14. Note 1: 1C101 includes:

          15. Note 2: Note 2:1C101 does not include coatings when specially used for the thermal control of satellites.

          16. Technical Note:

          17. Note: Note:For propellants and constituent chemicals for propellants not specified in 1C111, see the Military Goods

          18. N.B. N.B.SEE ALSO 1C216.

          19. Technical Note 1 :

          20. Technical Note 2:

          21. Technical Note:

          22. Technical Note:

          23. Note: Note:In 1C210, 'fibrous or filamentary materials' is restricted to continuous "monofilaments", "yarns", "rovings", "tows" or

          24. Note: Note:1C216 does not control forms in which all linear dimensions are 75 mm or less.

          25. Technical Note:

          26. Note: Note:In 1C225 mixtures containing boron include boron loaded materials.

          27. Technical Note:

          28. Note: Note:1C226 does not control manufactures specially designed as weights or gamma-ray collimators.

          29. N.B. N.B.SEE ALSO MILITARY GOODS CONTROLS.

          30. Note: 1C230 does not control the following:

          31. Note: Note:1C232 does not control a product or device containing less than 1 g of helium-3.

          32. Note: Note:1C233 does not control thermoluminescent dosimeters.

          33. Technical Note:

          34. Note: Note:1C234 does not control zirconium in the form of foil having a thickness of 0,10 mm

          35. Note: Note:1C235 does not control a product or device containing less than 1,48 × 103 GBq (40 Ci) of

          36. Note: Note:1C236 does not control a product or device containing less than 3,7 GBq (100 millicuries) of

          37. Technical Note:

          38. Note: 1C237 does not control the following:

          39. Note: 1C240 does not control the following:

          40. Technical Note:

          41. N.B. N.B.SEE ALSO MILITARY GOODS CONTROLS AND 1C450.

          42. Note 1 : Note 1For exports to "States not Party to the Chemical Weapons Convention", 1C350 does not

          43. Note 2: Note 2:For exports to "States Party to the Chemical Weapons Convention", 1C350 does not control

          44. Note 3: Note 3:1C350 does not control "chemical mixtures" containing one or more of the chemicals specified

          45. Note 4: Note 4:1C350 does not control products identified as consumer goods packaged for retail sale for

          46. Note: Note:1C351 does not control "vaccines" or "immunotoxins".

          47. Technical Notes:

            1. 1. 1.'Genetically-modified organisms' include organisms in which the nucleic acid sequences have been created or altered

            2. 2. 2.'Genetic elements' include inter alia chromosomes, genomes, plasmids, transposons, vectors and inactivated organisms containing recoverable

            3. 3. 3.'Endow or enhance pathogenicity' is defined as when the insertion or integration of the nucleic

          48. Note: Note:1C353 does not control nucleic acid sequences of shiga toxin producing Escherichia coli of serogroups

          49. N.B. N.B.SEE ALSO ENTRY 1C350, 1C351.d. AND MILITARY GOODS CONTROLS.

          50. Note 1: Note 1:For exports to "States not Party to the Chemical Weapons Convention", 1C450 does not

          51. Note 2: Note 2:For exports to "States Party to the Chemical Weapons Convention", 1C450 does not control

          52. Note 3: Note 3:1C450 does not control "chemical mixtures" containing one or more of the chemicals specified

          53. Note 4: Note 4:1C450 does not control products identified as consumer goods packaged for retail sale for

        4. Software

        5. Technology

          1. Note: Note:1E104 includes "technology" for the composition of precursor gases, flow-rates and process control schedules and

      4. CATEGORY 2 — MATERIALS PROCESSING

        1. Systems, Equipment and Components

          1. N.B. N.B.For quiet running bearings, see the Military Goods Controls.

          2. N.B. N.B.SEE ALSO 2A101.

          3. Note: Note:2A001 does not control balls with tolerances specified by the manufacturer in accordance with ISO

          4. Technical Note:

        2. Test, Inspection and Production Equipment

          1. Technical Notes:

            1. 1. 1.Secondary parallel contouring axes, (e.g., the w-axis on horizontal boring mills or a secondary rotary

            2. 2. For the purposes of 2B, the number of axes which can be co-ordinated simultaneously for "contouring control" is the number of axes along or around which, during processing of the workpiece, simultaneous and interrelated motions are performed between the workpiece and a tool. This does not include any additional axes along or around which other relative movement within the machine are performed such as:

            3. 3. 3.Axis nomenclature shall be in accordance with International Standard ISO 841:2001, Industrial automation systems and integration

            4. 4. 4.For the purposes of 2B001 to 2B009 a "tilting spindle" is counted as a rotary

            5. 5. 'Stated "unidirectional positioning repeatability"' may be used for each machine tool model as an alternative to individual machine tests and is determined as follows:

            6. 6. 6.For the purposes of 2B001.a. to 2B001.c., measurement uncertainty for the "unidirectional positioning repeatability" of

            7. 7. 7.For the purpose of 2B001.a. to 2B001.c.., the measurement of axes shall be made according

          2. N.B. N.B.SEE ALSO 2B201.

          3. Note 1: Note 1:2B001 does not control special purpose machine tools limited to the manufacture of gears.

          4. Note 2: 2B001 does not control special purpose machine tools limited to the manufacture of any of the following:

          5. Note 3: Note 3:A machine tool having at least two of the three turning, milling or grinding

          6. N.B. N.B.For optical finishing machines, see 2B002.

          7. Technical Notes: For the purposes of 2B002:

            1. 1. 1.'MRF' is a material removal process using an abrasive magnetic fluid whose viscosity is controlled

            2. 2. 2.'ERF' is a removal process using an abrasive fluid whose viscosity is controlled by an

            3. 3. 3.'Energetic particle beam finishing' uses Reactive Atom Plasmas (RAP) or ion-beams to selectively remove material.

            4. 4. 4.'Inflatable membrane tool finishing' is a process that uses a pressurized membrane that deforms to

            5. 5. 5.'Fluid jet finishing' makes use of a fluid stream for material removal.

          8. N.B. N.B.SEE ALSO 2B104 and 2B204.

          9. Technical Note:

          10. N.B.: N.B.:For specially designed dies, moulds and tooling see 1B003, 9B009 and the Military Goods Controls.

          11. Note: Note:2B005 does not control chemical vapour deposition, cathodic arc, sputter deposition, ion plating or ion

          12. N.B. N.B.SEE ALSO 2B207.

          13. N.B. N.B.SEE ALSO 2B109 AND 2B209.

          14. Technical Note:

          15. N.B. N.B.SEE ALSO 2B204.

          16. N.B. N.B.SEE ALSO 2B209.

          17. Technical Note:

          18. N.B. N.B.SEE ALSO 2B219.

          19. Note 1: Note 1:2B120 does not control rotary tables designed or modified for machine tools or for

          20. Note 2: Note 2:Motion simulators or rate tables specified in 2B120 remain controlled whether or not slip

          21. Note: Note:2B121 does not control rotary tables designed or modified for machine tools or for medical

          22. Note: Note:Centrifuges specified in 2B122 remain controlled whether or not slip rings or integrated non-contact devices

          23. Technical Note :

          24. Note 1: 2B201 does not control special purpose machine tools limited to the manufacture of any of the following parts:

          25. Note 2 : Note 2A machine tool having at least two of the three turning, milling or grinding

          26. Note 3 : Note 32B201.a.3. and 2B201.b.3. include machines based on a parallel linear kinematic design (e.g., hexapods)

          27. Technical Note:

          28. Note 1: Note 1:Machine tools that can be used as measuring machines are controlled if they meet

          29. Note 2: Note 2:A machine specified in 2B206 is controlled if it exceeds the control threshold anywhere

          30. Technical Notes:

          31. Note: Note:2B209.a. includes machines which have only a single roller designed to deform metal plus two

          32. Technical Note:

          33. N.B. N.B.SEE ALSO 3B001 and 9B001.

          34. Technical Notes:

            1. 1. 1.In 2B230 'pressure transducer' means a device that converts a pressure measurement into a signal.

            2. 2. 2.For the purposes of 2B230, 'accuracy' includes non-linearity, hysteresis and repeatability at ambient temperature.

          35. Technical Notes:

            1. 1. 1.The pumping speed is determined at the measurement point with nitrogen gas or air.

            2. 2. 2.The ultimate vacuum is determined at the input of the pump with the input of

          36. N.B. N.B.SEE ALSO MILTARY GOODS CONTROLS.

          37. N.B. N.B.SEE ALSO 2B350.i.

        3. Materials

        4. Software

          1. Note: Note:2D001 does not control part programming "software" that generates "numerical control" codes for machining various

          2. Note 1: Note 1:2D002 does not control "software" specially designed or modified for the operation of items

          3. Note 2: Note 2:2D002 does not control "software" for items specified in 2B002. See 2D001 and 2D003

          4. Note 3: Note 3:2D002 does not control "software" that is exported with, and the minimum necessary for

          5. N.B. N.B.SEE ALSO 9D004.

          6. Note: Note:2D202 does not control part programming "software" that generates "numerical control" command codes but does

        5. Technology

          1. Note: Note:2E001 includes "technology" for the integration of probe systems into coordinate measurement machines specified in

          2. TABLE - DEPOSITION TECHNIQUES - NOTES

          3. TABLE - DEPOSITION TECHNIQUES - TECHNICAL NOTE

      5. CATEGORY 3 — ELECTRONICS

        1. Systems, Equipment and Components

          1. Note 1: Note 1:The control status of equipment and components described in 3A001 or 3A002, other than

          2. Note 2: The control status of integrated circuits described in 3A001.a.3. to 3A001.a.9., or 3A001.a.12. to 3A001.a.14. which are unalterably programmed or designed for a specific function for another equipment is determined by the control status of the other equipment.

            1. N.B. N.B.When the manufacturer or applicant cannot determine the control status of the other equipment, the

          3. Technical Notes:

            1. 1. 1.In 3A102 'thermal batteries' are single use batteries that contain a solid non-conducting inorganic salt

            2. 2. 2.In 3A102 'missile' means complete rocket systems and unmanned aerial vehicle systems capable of a

          4. N.B. 1. N.B. 1."Software" specially designed to enhance or release the performance of a frequency changer or

          5. N.B. 2. N.B. 2."Technology" in the form of codes or keys to enhance or release the performance

          6. Note: 3A225 does not control frequency changers or generators if they have hardware, "software" or "technology" constraints that limit the performance to less than that specified above, provided they meet any of the following:

          7. Technical Notes:

            1. 1. 1.Frequency changers in 3A225 are also known as converters or inverters.

            2. 2. 2.Frequency changers in 3A225 may be marketed as Generators, Electronic Test Equipment, AC Power Supplies,

          8. N.B. N.B.SEE ALSO MILITARY GOODS CONTROLS.

          9. N.B. N.B.SEE ALSO MILITARY GOODS CONTROLS.

          10. N.B. N.B.See 1A007.b. for detonators.

          11. Technical Notes:

            1. 1. 1.Electron bombardment mass spectrometers in 3A233.d. are also known as electron impact mass spectrometers or

            2. 2. 2.In 3A233.d.2., a 'cold trap' is a device that traps gas molecules by condensing or

        2. Test, Inspection and Production Equipment

          1. N.B. N.B.SEE ALSO 2B226

        3. Materials

          1. Note: Note:3C001.d. does not control a "substrate" having one or more P-type epitaxial layers of GaN,

          2. Note: Note:3C003 only controls compounds whose metallic, partly metallic or non-metallic element is directly linked to

          3. Note: Note:3C004 does not control hydrides containing 20 % molar or more of inert gases or hydrogen.

        4. Software

          1. Technical Note:

          2. Note: Note:Libraries, design attributes or associated data for the design of semiconductor devices or integrated circuits

        5. Technology

          1. Note 1: Note 1:3E001 does not control "technology" for equipment or components specified in 3A003.

          2. Note 2: 3E001 does not control "technology" for integrated circuits specified in 3A001.a.3. to 3A001.a.12., having all of the following:

          3. Note 3: 3E001 does not control 'Process Design Kits' ('PDKs') unless they include libraries implementing functions or technologies for items specified in 3A001.

            1. Technical Note:

          4. Note 1: Note 1:3E002 does not control "technology" for multimedia extensions.

          5. Note 2: 3E002 does not control "technology" for micro-processor cores, having all of the following:

          6. Note 3: Note 3:3E002 includes "technology" for the "development" or "production" of digital signal processors and digital

      6. CATEGORY 4 — COMPUTERS

        1. Note 1: Note 1:Computers, related equipment and "software" performing telecommunications or "local area network" functions must also

        2. Note 2: Control units which directly interconnect the buses or channels of central processing units, 'main storage' or disk controllers are not regarded as telecommunications equipment described in Category 5, Part 1 (Telecommunications).

          1. N.B. N.B.For the control status of "software" specially designed for packet switching, see 5D001.

          2. Technical Note:

        3. Systems, Equipment and Components

          1. N.B. N.B.SEE ALSO 4A101.

          2. Note 1: 4A003 includes the following:

          3. Note 2: The control status of the "digital computers" and related equipment described in 4A003 is determined by the control status of other equipment or systems provided:

          4. Technical Notes:

            1. 1. 1.'Systolic array computers' are computers where the flow and modification of the data is dynamically

            2. 2. 2.'Neural computers' are computational devices designed or modified to mimic the behaviour of a neuron

            3. 3. 3.'Optical computers' are computers designed or modified to use light to represent data and whose

          5. Note: Note:This control only applies when the equipment is supplied with "software" specified in 7D103 or

        4. Test, Inspection and Production Equipment

        5. Materials

        6. Software

          1. Note: Note:The control status of "software" for equipment described in other Categories is dealt with in

          2. Note: 4D004 does not control "software" specially designed and limited to provide "software" updates or upgrades meeting all the following:

        7. Technology

        8. TECHNICAL NOTE ON "ADJUSTED PEAK PERFORMANCE" ("APP")

          1. Abbreviations used in this Technical Note

          2. Outline of "APP" calculation method

            1. 1. For each processor i, determine the peak number of 64-bit or larger floating point operations, FPO i , performed per cycle for each processor in the "digital computer".

              1. Note NoteIn determining FPO, include only 64-bit or larger floating point additions or multiplications. All floating

            2. 2. 2.Calculate the floating point rate R for each processor Ri = FPOi/ti.

            3. 3. 3.Calculate "APP" as "APP" = W1 × R1 + W2 × R2 + … +

            4. 4. 4.For 'vector processors', Wi = 0,9. For non-'vector processors', Wi = 0,3.

            5. Note 1 Note 1For processors that perform compound operations in a cycle, such as addition and multiplication,

            6. Note 2 Note 2For a pipelined processor the effective calculating rate R is the faster of the

            7. Note 3 Note 3The calculating rate R of each contributing processor is to be calculated at its

            8. Note 4 Note 4Do not include processors that are limited to input/output and peripheral functions (e.g., disk

            9. Note 5 Note 5"APP" values are not to be calculated for processor combinations (inter)connected by "Local Area

            10. Note 6 "APP" values must be calculated for processor combinations containing processors specially designed to enhance performance by aggregation, operating simultaneously and sharing memory;

              1. Technical Note:

                1. 1. 1.Aggregate all processors and accelerators operating simultaneously and located on the same die.

                2. 2. 2.Processor combinations share memory when any processor is capable of accessing any memory location in

            11. Note 7 Note 7A 'vector processor' is defined as a processor with built-in instructions that perform multiple

      7. CATEGORY 5 — TELECOMMUNICATIONS AND "INFORMATION SECURITY"

        1. Part 1 - TELECOMMUNICATIONS Part 1 - TELECOMMUNICATIONSNote 1:The control status of components, test and "production" equipment and "software"

          1. Note 1: The control status of components, test and "production" equipment and "software" therefor which are specially designed for telecommunications equipment or systems is determined in Category 5, Part 1.

            1. N.B. N.B.For "lasers" specially designed for telecommunications equipment or systems, see 6A005.

          2. Note 2: Note 2:"Digital computers", related equipment or "software", when essential for the operation and support of

          3. Systems, Equipment and Components

            1. Technical Note:

            2. Note: 5A101 does not control:

          4. Test, Inspection and Production Equipment

          5. Materials

          6. Software

          7. Technology

        2. Part 2 - "INFORMATION SECURITY" Part 2 - "INFORMATION SECURITY"Note 1:Not used.Note 2:Category 5 – Part 2 does not control

          1. Note 1: Note 1:Not used.

          2. Note 2: Note 2:Category 5 – Part 2 does not control products when accompanying their user for

          3. Note 3: Cryptography Note

            1. Note to the Cryptography Note:

              1. 1. To meet paragraph a. of Note 3, all of the following must apply:

              2. 2. 2.In determining eligibility of paragraph a. of Note 3, competent authorities may take into account

          4. Systems, Equipment and Components

            1. N.B. N.B.For the control of Global Navigation Satellite Systems (GNSS) receiving equipment containing or employing decryption,

          5. Test, Inspection and Production Equipment

          6. Materials

          7. Software

          8. Technology

            1. Note: Note:5E002 includes "information security" technical data resulting from procedures carried out to evaluate or determine

      8. CATEGORY 6 — SENSORS AND LASERS

        1. Systems, Equipment and Components

          1. N.B. N.B.SEE ALSO 6A102.

          2. N.B. N.B.SEE ALSO 6A203.

          3. N.B. N.B.SEE ALSO 6A205.

          4. Note 1: Note 1:Pulsed "lasers" include those that run in a continuous wave (CW) mode with pulses

          5. Note 2: Excimer, semiconductor, chemical, CO, CO 2 , and 'non-repetitive pulsed' Nd:glass "lasers" are only specified in 6A005.d.

            1. Technical Note:

          6. Note 3: Note 3:6A005 includes fibre "lasers".

          7. Note 4: Note 4:The control status of "lasers" incorporating frequency conversion (i.e., wavelength change) by means other

          8. Note 5: 6A005 does not control "lasers" as follows:

          9. Technical Note:

          10. N.B. N.B.SEE ALSO 7A103.d.

          11. Note: Note:6A006 does not control instruments specially designed for fishery applications or biomagnetic measurements for medical

          12. Technical Note:

          13. N.B. SEE ALSO 6A107.

          14. N.B. N.B.SEE ALSO 6A108.

          15. Note: 6A008 does not control:

          16. Technical Note:

          17. N.B.1. N.B.1."Software" specially designed to enhance or release the performance of a camera or imaging device

          18. N.B.2. N.B.2."Technology" in the form of codes or keys to enhance or release the performance of

          19. Note: 6A203.a. to 6A203.c. does not control cameras or imaging devices if they have hardware, "software" or "technology" constraints that limit the performance to less than that specified below, provided they meet any of the following:

          20. N.B. N.B.For copper vapour lasers, see 6A005.b.

          21. Note: Note:6A225 includes velocity interferometers such as VISARs (Velocity Interferometer Systems for Any Reflector), DLIs (Doppler

        2. Test, Inspection and Production Equipment

          1. Note: Note:6B004 does not control microscopes.

          2. N.B. N.B.SEE ALSO 6B108.

          3. Technical Note:

        3. Materials

        4. Software

          1. Technical Note:

        5. Technology

          1. Note: Note:6E101 only controls "technology" for items specified in 6A002, 6A007 and 6A008 if the items

          2. Note 1: Note 1:6E201 only controls "technology" for cameras specified in 6A003 if the cameras are also

          3. Note 2: Note 2:6E201 only controls "technology" for lasers in 6A005.b.6. that are neodymium-doped and specified by

      9. CATEGORY 7 — NAVIGATION AND AVIONICS

        1. Systems, Equipment and Components

          1. N.B. N.B.For automatic pilots for underwater vehicles, see Category 8.

          2. N.B. N.B.SEE ALSO 7A101.

          3. N.B. N.B.For angular or rotational accelerometers, see 7A001.b.

          4. N.B. N.B.SEE ALSO 7A102.

          5. N.B. N.B.For angular or rotational accelerometers, see 7A001.b.

          6. N.B. N.B.SEE ALSO 7A103.

          7. Note 1: 'Inertial measurement equipment or systems' incorporate accelerometers or gyroscopes to measure changes in velocity and orientation in order to determine or maintain heading or position without requiring an external reference once aligned. 'Inertial measurement equipment or systems' include:

          8. Note 2: Note 2:7A003 does not control 'inertial measurement equipment or systems' which are certified for use

          9. Technical Note:

          10. N.B. N.B.SEE ALSO 7A104.

          11. Technical Note:

          12. N.B. N.B.SEE ALSO 7A105.

          13. N.B. N.B.For equipment specially designed for military use, see Military Goods Controls.

          14. N.B. N.B.SEE ALSO 7A106.

          15. Note: Note:7A008 does not control systems specially designed for installation on surface vessels or systems requiring

          16. N.B. See 6A001.a. for acoustic systems, and 6A001.b. for correlation-velocity and Doppler-velocity sonar log equipment.

          17. Note: Note:7A101 does not control accelerometers specially designed and developed as Measurement While Drilling (MWD) Sensors

          18. Technical Notes:

            1. 1. 1.In 7A101 'missile' means complete rocket systems and unmanned aerial vehicle systems capable of a

            2. 2. 2.In 7A101 the measurement of "bias" and "scale factor" refers to one sigma standard deviation

          19. Technical Notes:

            1. 1. 1.In 7A102 'missile' means complete rocket systems and unmanned aerial vehicle systems capable of a

            2. 2. 2.In 7A102'stability' is defined as a measure of the ability of a specific mechanism or

          20. Technical Note:

          21. Technical Note:

          22. Note: Equipment specified in 7A105, 7A106, and 7A115 includes the following:

        2. Test, Inspection and Production Equipment

          1. Note: Note:7B001 does not control test, calibration or alignment equipment for 'Maintenance Level I' or 'Maintenance

          2. Technical Notes:

            1. 1. ' Maintenance Level I '

            2. 2. ' Maintenance Level II '

          3. N.B. N.B.SEE ALSO 7B102.

          4. Note: 7B003 includes:

        3. Materials

        4. Software

          1. Note: Note:7D002 does not control "source code" for the "use" of gimballed 'AHRS'.

          2. Technical Note:

          3. Note: Note:7D004. does not control source code associated with common computer elements and utilities (e.g., input

          4. Note: Note:A common form of integration "software" employs Kalman filtering.

          5. Note: Note:"Software" specified in 7D103 remains controlled when combined with specially designed hardware specified in 4A102.

          6. Note: Note:7D104 includes ″software″, specially designed or modified to enhance the performance of ″guidance sets″ to

        5. Technology

          1. Note: Note:7E001 includes key management "technology" exclusively for equipment specified in 7A005.a.

          2. Note: Note:7E003 does not control "technology" for maintenance, directly associated with calibration, removal or replacement of

          3. N.B. N.B.See Technical Notes to 7B001.

      10. CATEGORY 8 — MARINE

        1. Systems, Equipment and Components

          1. N.B. For the control status of equipment for submersible vehicles, see:

          2. Note: Note:For underwater communications systems, see Category 5, Part 1 - Telecommunications.

        2. Test, Inspection and Production Equipment

        3. Materials

          1. N.B. N.B.See also 8A002.a.4.

          2. Technical Note:

        4. Software

        5. Technology

      11. CATEGORY 9 — AEROSPACE AND PROPULSION

        1. Systems, Equipment and Components

          1. N.B. N.B.For propulsion systems designed or rated against neutron or transient ionizing radiation, see the Military

          2. N.B. N.B.SEE ALSO 9A101.

          3. Note: Note:The term 'marine gas turbine engines' includes those industrial, or aero-derivative, gas turbine engines adapted

          4. Technical Note:

          5. N.B. N.B.SEE ALSO 9A104.

          6. N.B. N.B.SEE ALSO 9A105 AND 9A119.

          7. N.B. N.B.SEE ALSO 9A106, 9A108 AND 9A120.

          8. N.B. N.B.SEE ALSO 9A107 AND 9A119.

          9. N.B. N.B.SEE ALSO 9A108.

          10. N.B. N.B.SEE ALSO 9A109 AND 9A119.

          11. N.B. N.B.SEE ALSO 1A002 AND 9A110.

          12. N.B. N.B.SEE ALSO 9A111 AND 9A118.

          13. N.B. N.B.SEE ALSO 9A112.

          14. Note: Note:9A102 does not control civil certified engines.

          15. Technical Notes:

            1. 1. For the purposes of 9A102 a 'turboprop engine system' incorporates all of the following:

            2. 2. 2.For the purposes of 9A102 the 'maximum power' is achieved uninstalled at sea level static

          16. N.B. N.B.SEE ALSO 9A004.

          17. N.B. N.B.SEE ALSO 9A119.

          18. N.B. N.B.SEE ALSO 9A119.

          19. N.B. N.B.SEE ALSO 9A009 and 9A119.

          20. N.B. N.B.SEE ALSO 1A002.

          21. Technical Note:

          22. N.B. N.B.SEE ALSO 9A011 AND 9A118.

          23. N.B. N.B.SEE ALSO 9A121.

          24. Note: Note:In 9A120 'other liquid or gel propellants' includes, but is not limited to, propellants specified

          25. Technical Note:

          26. Note: Note:9A350 does not control spraying or fogging systems and components that are demonstrated not to

          27. Technical Notes:

            1. 1. Droplet size for spray equipment or nozzles specially designed for use on aircraft, "lighter-than-air vehicles" or unmanned aerial vehicles should be measured using either of the following:

            2. 2. 2.In 9A350 'VMD' means Volume Median Diameter and for water-based systems this equates to Mass

        2. Test, Inspection and Production Equipment

          1. N.B. N.B.SEE ALSO 2B226

          2. N.B. N.B.SEE ALSO 9B105.

          3. N.B. N.B.SEE ALSO 9B106.

          4. Note: Note:9B009 does not control tooling for the production of powder.

          5. N.B. N.B.SEE ALSO 9B005.

          6. Note: Note:9B105 does not control wind-tunnels for speeds of Mach 3 or less with dimension of

          7. Technical Notes:

            1. 1. 1.In 9B105 'aerodynamic test facilities' includes wind tunnels and shock tunnels for the study of

            2. 2. 2.In Note to 9B105, 'test cross section size' means the diameter of the circle, or

            3. 3. 3.In 9B105 'missile' means complete rocket systems and unmanned aerial vehicle systems capable of a

          8. Technical Notes:

            1. 1. 1.'Aerothermodynamic test facilities' include plasma arc jet facilities and plasma wind tunnels for the study

            2. 2. 2.In 9B107 'missile' means complete rocket systems and unmanned aerial vehicle systems capable of a

          9. Technical Note:

        3. Materials

          1. N.B. N.B.SEE ALSO 1C010 AND 1C210.

          2. Note: Note:The only resin impregnated fibre prepregs specified in entry 9C110 are those using resins with

        4. Software

          1. Note: Note:"Software" specified in 9D103 remains controlled when combined with specially designed hardware specified in 4A102.

          2. Note: 9D105 includes "software" specially designed for a manned "aircraft" converted to operate as "unmanned aerial vehicle", as follows:

          3. Technical Note:

        5. Technology

          1. Note: Note:"Development" or "production" "technology" specified in 9E001 to 9E003 for gas turbine engines remains controlled

          2. N.B. N.B.For "technology" for the repair of controlled structures, laminates or materials, see 1E002.f.

          3. N.B. N.B.For"technology" "required" for the "development" of wing-folding systems designed for fixed-wing "aircraft" see also Military

          4. Technical Note:

          5. Technical Note:

    2. ANNEX IIa

      UNION GENERAL EXPORT AUTHORISATION No EU001

      1. Exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland, including...

        1. Issuing authority: European Commission

          1. Part 1 This general export authorisation covers all dual-use items specified in...

          2. Part 2 This export authorisation is valid throughout the Union for exports...

          3. Conditions and requirements for use of this authorisation

            1. 1. Exporters that use this authorisation shall notify the competent authorities...

            2. 2. This authorisation may not be used if:

            3. 3. Reporting requirements attached to the use of this authorisation and...

    3. ANNEX IIb

      UNION GENERAL EXPORT AUTHORISATION No EU002

      1. Exports of certain dual-use items to certain destinations

        1. Issuing authority: European Union

          1. Part 1 – Items This general export authorisation covers the following dual-use items specified...

          2. Part 2 – Destinations This authorisation is valid throughout the Union for exports to...

          3. Part 3 – Conditions and requirements for use 1. This authorisation does not authorise the export of items...

            1. 1. This authorisation does not authorise the export of items where:...

            2. 2. Exporters must mention the EU reference number X002 and specify...

            3. 3. Any exporter who uses this authorisation must notify the competent...

    4. ANNEX IIc

      UNION GENERAL EXPORT AUTHORISATION No EU003

      1. Export after repair/replacement

        1. Issuing authority: European Union

          1. Part 1 — Items 1. This general export authorisation covers all dual-use items specified...

            1. 1. This general export authorisation covers all dual-use items specified in...

            2. 2. Items excluded:

          2. Part 2 — Destinations This authorisation is valid throughout the Union for exports to...

          3. Part 3 — Conditions and requirements for use 1. This authorisation can only be used when the initial...

            1. 1. This authorisation can only be used when the initial export...

            2. 2. This authorisation does not authorise the export of items where:...

            3. 3. On exportation of any of the items pursuant to this...

            4. 4. Any exporter who uses this authorisation must notify the competent...

            5. 5. This authorisation covers items for ‘ repair ’ , ‘...

    5. ANNEX IId

      UNION GENERAL EXPORT AUTHORISATION No EU004

      1. Temporary export for exhibition or fair

        1. Issuing authority: European Union

          1. Part 1 – Items This general export authorisation covers all dual-use items specified in...

          2. Part 2 – Destinations This authorisation is valid throughout the Union for exports to...

          3. Part 3 – Conditions and requirements for use 1. This authorisation authorises the export of items listed in...

            1. 1. This authorisation authorises the export of items listed in Part...

            2. 2. The competent authority of the Member State where the exporter...

            3. 3. This authorisation does not authorise the export of items where:...

            4. 4. Exporters must mention the EU reference number X002 and specify...

            5. 5. Any exporter who uses this authorisation must notify the competent...

            6. 6. For the purpose of this authorisation, ‘ exhibition or fair...

    6. ANNEX IIe

      UNION GENERAL EXPORT AUTHORISATION No EU005

      1. Telecommunications

        1. Issuing authority: European Union

          1. Part 1 – Items This general export authorisation covers the following dual-use items specified...

          2. Part 2 – Destinations This authorisation is valid throughout the Union for exports to...

          3. Part 3 – Conditions and requirements for use 1. This authorisation does not authorise the export of items...

            1. 1. This authorisation does not authorise the export of items where:...

            2. 2. Exporters must mention the EU reference number X002 and specify...

            3. 3. Any exporter who uses this authorisation must notify the competent...

    7. ANNEX IIf

      UNION GENERAL EXPORT AUTHORISATION No EU006

      1. Chemicals

        1. Part 1 – Items This general export authorisation covers the following dual-use items specified...

        2. Part 2 – Destinations This authorisation is valid throughout the Union for exports to...

        3. Part 3 – Conditions and requirements for use 1. This authorisation does not authorise the export of items...

          1. 1. This authorisation does not authorise the export of items where:...

          2. 2. Exporters must mention the EU reference number X002 and specify...

          3. 3. Any exporter who uses this authorisation must notify the competent...

    8. ANNEX IIg

      (List referred to in Article 9(4)(a) of this Regulation and Annexes IIa, IIc and IId to this Regulation)

      1. The entries do not always provide a complete description of...

      2. The mention of an item in this Annex does not...

      3. all items specified in Annex IV, 0C001 "Natural uranium" or...

    9. ANNEX IIIa

      (model for individual or global export authorisation forms)

      1. When granting the export authorisations, Member States will strive to...

      2. This is an export authorisation valid in all Member States...

    10. ANNEX IIIb

      (model for brokering services authorisation forms)

    11. ANNEX IIIc

      COMMON ELEMENTS FOR PUBLICATION OF NATIONAL GENERAL EXPORT AUTHORISATIONS IN NATIONAL OFFICIAL JOURNALS

      1. Title of general export authorisation Authority issuing the authorisation EC...

    12. ANNEX IV

      (List referred to in Article 22(1) of this Regulation)

      1. The entries do not always cover the complete description of...

      2. The mention of an item in this Annex does not...

      3. The terms appearing in straight double quotes are defined terms...

      4. PART I (possibility of National General Authorisation for intra-Community trade)

        1. Items of stealth technology

        2. Items of the Community strategic control

        3. Items of the Community strategic control — Cryptography — Category...

        4. Items of the MTCR technology

        5. Exemptions

      5. PART II (no National General Authorisation for intra-Community trade)

        1. Items of the CWC (Chemical Weapons Convention)

        2. Items of the NSG technology

    13. ANNEX V

      Repealed Regulation with its successive amendments

    14. ANNEX VI

      Correlation Table

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