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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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Article 3.(1) An authorisation shall be required for the export of...
Article 4.(1) An authorisation shall be required for the export of...
Article 5.(1) An authorisation shall be required for brokering services of...
Article 6.(1) The transit of non-Community dual-use items listed in Annex...
Article 7.This Regulation does not apply to the supply of services...
Article 8.(1) A Member State may prohibit or impose an authorisation...
CHAPTER III EXPORT AUTHORISATION AND AUTHORISATION FOR BROKERING SERVICES
Article 9.(1) Union General Export Authorisations for certain exports as set...
Article 10.(1) Authorisations for brokering services under this Regulation shall be...
Article 11.(1) If the dual-use items in respect of which an...
Article 12.(1) In deciding whether or not to grant an individual...
Article 13.(1) The competent authorities of the Member States, acting in...
Article 14.(1) All individual and global export authorisations and authorisations for...
Article 22.(1) An authorisation shall be required for intra-Community transfers of...
Article 23.(1) A Dual-Use Coordination Group chaired by a representative of...
Article 23a.(1) The power to adopt delegated acts is conferred on...
Article 23b.(1) Delegated acts adopted under this Article shall enter into...
Article 24.Each Member State shall take appropriate measures to ensure proper...
Article 25.(1) Each Member State shall inform the Commission of the...
Article 25a.Without prejudice to the provisions on mutual administrative assistance agreements...
Article 26.This Regulation does not affect: the application of Article 296...
Article 27.Regulation (EC) No 1334/2000 is repealed with effect from 27...
Article 28.This Regulation shall enter into force 90 days after the...
List referred to in Article 3 of this Regulation
(To be read in conjunction with section E of Categories 1 to 9.)
The export of "technology" which is "required" for the "development", "production" or "use" of goods
Controls do not apply to that "technology" which is the minimum necessary for the installation,
Controls on "technology" transfer do not apply to information "in the public domain", to "basic
EDITORIAL PRACTICES IN THE OFFICIAL JOURNAL OF THE EUROPEAN UNION
DEFINITIONS OF TERMS USED IN THIS ANNEX
Definitions of terms between 'single quotation marks' are given in a Technical Note to the
"Accuracy" (2 6), usually measured in terms of inaccuracy, means the maximum deviation, positive or
"Active pixel" (6 8) is a minimum (single) element of the solid state array which
"Adapted for use in war" (1) means any modification or selection (such as altering purity,
"Adjusted Peak Performance" (4) is an adjusted peak rate at which "digital computers" perform 64-bit
"Aircraft" (1 7 9) means a fixed wing, swivel wing, rotary wing (helicopter), tilt rotor
"Airship" (9) means a power-driven airborne vehicle that is kept buoyant by a body of
"Allocated by the ITU" (3 5) means the allocation of frequency bands according to the
"Angle random walk" (7) means the angular error build up with time that is due
"Average output power" (6) means the total "laser" output energy, in joules, divided by the
"Basic gate propagation delay time" (3) means the propagation delay time value corresponding to the
"Bias" (gyro) (7) means the average over a specified time of gyro output measured at
"Camming" (2) means axial displacement in one revolution of the main spindle measured in a
"Carbon fibre preforms" (1) means an ordered arrangement of uncoated or coated fibres intended to
"CEP" (circle of equal probability) (7) is a measure of accuracy; the radius of the
"Chemical laser" (6) means a "laser" in which the excited species is produced by the
"Chemical mixture" (1) means a solid, liquid or gaseous product made up of two or
"Civil aircraft" (1 3 4 7) means those "aircraft" listed by designation in published airworthiness
"Comminution" (1) means a process to reduce a material to particles by crushing or grinding.
"Composite" (1 2 6 8 9) means a "matrix" and an additional phase or additional
"Compound rotary table" (2) means a table allowing the workpiece to rotate and tilt about
"Critical temperature" (1 3 5) (sometimes referred to as the transition temperature) of a specific
"CW laser" (6) means a "laser" that produces a nominally constant output energy for greater
"Depleted uranium" (0) means uranium depleted in the isotope 235 below that occurring in nature.
"Development" (GTN NTN All) is related to all phases prior to serial production, such as:
"Diffusion bonding" (1 2 9) means a solid state joining of at least two separate
"Digital computer" (4 5) means equipment which can, in the form of one or more
"Digital transfer rate" (def) means the total bit rate of the information that is directly
"Drift rate" (gyro) (7) means the component of gyro output that is functionally independent of
"Electronic assembly" (2 3 4 5) means a number of electronic components (i.e., 'circuit elements',
"Electronically steerable phased array antenna" (5 6) means an antenna which forms a beam by
"End-effectors" (2) means grippers, 'active tooling units' and any other tooling that is attached to
"Equivalent Density" (6) means the mass of an optic per unit optical area projected onto
"Explosives" (1) means solid, liquid or gaseous substances or mixtures of substances which, in their
"FADEC Systems" (7 9) means Full Authority Digital Engine Control Systems – A digital electronic
"Flight control optical sensor array" (7) is a network of distributed optical sensors, using "laser"
"Focal plane array" (6 8) means a linear or two-dimensional planar layer, or combination of
"Frequency hopping" (5) means a form of "spread spectrum" in which the transmission frequency of
"Frequency mask trigger" (3) for "signal analysers" is a mechanism where the trigger function is
"Frequency switching time" (3) means the time (i.e., delay) taken by a signal when switched
"Fusible" (1) means capable of being cross-linked or polymerized further (cured) by the use of
"Gas Atomisation" (1) means a process to reduce a molten stream of metal alloy to
"Geographically dispersed" (6) is where each location is distant from any other more than 1
"Guidance set" (7) means systems that integrate the process of measuring and computing a vehicles
"Immunotoxin" (1) is a conjugate of one cell specific monoclonal antibody and a "toxin" or
"In the public domain" (GTN NTN GSN), as it applies herein, means "technology" or "software"
"Instrumented range" (6) means the specified unambiguous display range of a radar.
"Insulation" (9) is applied to the components of a rocket motor, i.e. the case, nozzle,
"Interior lining" (9) is suited for the bond interface between the solid propellant and the
"Isolated live cultures" (1) includes live cultures in dormant form and in dried preparations.
"Laser" (0 2 3 5 6 7 8 9) is an assembly of components which
"Local area network" (4 5) is a data communication system having all of the following
"Main storage" (4) means the primary storage for data or instructions for rapid access by
"Matrix" (1 2 8 9) means a substantially continuous phase that fills the space between
"Melt Extraction" (1) means a process to 'solidify rapidly' and extract a ribbon-like alloy product
"Melt Spinning" (1) means a process to 'solidify rapidly' a molten metal stream impinging upon
"Missiles" (1 3 6 7 9) means complete rocket systems and unmanned aerial vehicle systems,
"Natural uranium" (0) means uranium containing the mixtures of isotopes occurring in nature.
"Neural computer" (4) means a computational device designed or modified to mimic the behaviour of
"Nuclear reactor" (0) means a complete reactor capable of operation so as to maintain a
"Numerical control" (2) means the automatic control of a process performed by a device that
"Object code" (GSN) means an equipment executable form of a convenient expression of one or
"Optical computer" (4) means a computer designed or modified to use light to represent data
"Optical switching" (5) means the routing of or switching of signals in optical form without
"Overall current density" (3) means the total number of ampere-turns in the coil (i.e., the
"Peak power" (6) means the highest power attained in the "pulse duration".
"Plasma atomisation" (1) means a process to reduce a molten stream or solid metal to
"Power management" (7) means changing the transmitted power of the altimeter signal so that received
"Principal element" (4), as it applies in Category 4, is a "principal element" when its
"Programme" (2 6) means a sequence of instructions to carry out a process in, or
"Pulse compression" (6) means the coding and processing of a radar signal pulse of long
"Pulse duration" (6) is the duration of a "laser" pulse and means the time between
"Pulsed laser" (6) means a "laser" having a "pulse duration" that is less than or
"Quantum cryptography" (5) means a family of techniques for the establishment of shared key for
"Radiant sensitivity" (6) is Radiant sensitivity (mA/W) = 0,807 × (wavelength in nm) × Quantum
"Real time processing" (2 6 7) means the processing of data by a computer system
"Required" (GTN 1-9), as applied to "technology", refers to only that portion of "technology" which
"Resolution" (2) means the least increment of a measuring device; on digital instruments, the least
"Riot control agent" (1) means substances which, under the expected conditions of use for riot
"Robot" (2 8) means a manipulation mechanism, which may be of the continuous path or
"Rotary atomisation" (1) means a process to reduce a stream or pool of molten metal
"Scale factor" (gyro or accelerometer) (7) means the ratio of change in output to a
"Settling time" (3) means the time required for the output to come within one-half bit
"Software" (GSN All) means a collection of one or more "programmes" or 'microprogrammes' fixed in
"Source code" (or source language) (6 7 9) is a convenient expression of one or
"Spacecraft" (7 9) means active and passive satellites and space probes.
"Specific modulus" (0 1 9) is Young's modulus in pascals, equivalent to N/m2 divided by
"Specific tensile strength" (0 1 9) is ultimate tensile strength in pascals, equivalent to N/m2
"Spinning mass gyros" (7) means gyros which use a continually rotating mass to sense angular
"Splat Quenching" (1) means a process to 'solidify rapidly' a molten metal stream impinging upon
"Stability" (7) means the standard deviation (1 sigma) of the variation of a particular parameter
"States (not) Party to the Chemical Weapon Convention" (1) are those states for which the
"Substrate" (3) means a sheet of base material with or without an interconnection pattern and
"Sub-unit of toxin" (1) is a structurally and functionally discrete component of a whole "toxin".
"Superconductive" (1 3 5 6 8) means materials, i.e., metals, alloys or compounds, which can
"Super High Power Laser" ("SHPL") (6) means a "laser" capable of delivering (the total or
"Superplastic forming" (1 2) means a deformation process using heat for metals that are normally
"Systolic array computer" (4) means a computer where the flow and modification of the data
"Time constant" (6) is the time taken from the application of a light stimulus for
"Tip shroud" (9) means a stationary ring component (solid or segmented) attached to the inner
"Total control of flight" (7) means an automated control of "aircraft" state variables and flight
"Total digital transfer rate" (5) means the number of bits, including line coding, overhead and
"Tow" (1) is a bundle of "monofilaments", usually approximately parallel.
"Toxins" (1 2) means toxins in the form of deliberately isolated preparations or mixtures, no
"Transfer laser" (6) means a "laser" in which the lasing species is excited through the
"Tunable" (6) means the ability of a "laser" to produce a continuous output at all
"Uranium enriched in the isotopes 235 or 233" (0) means uranium containing the isotopes 235
"Vacuum Atomisation" (1) means a process to reduce a molten stream of metal to droplets
"Variable geometry airfoils" (7) means the use of trailing edge flaps or tabs, or leading
CATEGORY 1 — SPECIAL MATERIALS AND RELATED EQUIPMENT
Systems, Equipment and Components
N.B. : N.B.For "fusible" aromatic polyimides in any form, see 1C008.a.3.
N.B. : N.B.SEE ALSO MILITARY GOODS CONTROLS, 2B351 AND 2B352.
Note 1 : Note 11A004.d. does not control equipment specially designed for laboratory use.
Note 2 : Note 21A004.d. does not control non-contact walk-through security portals.
N.B. : N.B.For "fibrous or filamentary materials" used in the manufacture of body armour, see 1C010.
Note 1 : Note 11A005 does not control body armour when accompanying its user for the user's own
Note : Note1A006 does not control equipment when accompanying its operator.
N.B. : N.B.SEE ALSO MILITARY GOODS CONTROLS, 3A229 AND 3A232.
Test, Inspection and Production Equipment
Note : Note1C216 does not control forms in which all linear dimensions are 75 mm or less.
Note : NoteIn 1C225 mixtures containing boron include boron loaded materials.
Note : Note1C232 does not control a product or device containing less than 1 g of helium-3.
Note : Note1C233 does not control thermoluminescent dosimeters.
Note : Note1C234 does not control zirconium in the form of foil having a thickness of 0,10 mm
Note : Note1C235 does not control a product or device containing less than 1.48 × 103 GBq (40
Note 1 : Note 1For exports to "States not Party to the Chemical Weapons Convention", 1C350 does not
Note : Note1C351 does not control "vaccines" or "immunotoxins".
N.B. : N.B.SEE ALSO ENTRY 1C350, 1C351.d. AND MILITARY GOODS CONTROLS.
Note 1 : Note 1For exports to "States not Party to the Chemical Weapons Convention", 1C450 does not
CATEGORY 2 — MATERIALS PROCESSING
Test, Inspection and Production Equipment
Note 3 : Note 3A machine tool having at least two of the three turning, milling or grinding
Note : Note2B006 includes machine tools, other than those specified by 2B001, that can be used as
Note 2: Note 2:A machine tool having at least two of the three turning, milling or grinding
Note 1 : Note 1Machine tools that can be used as measuring machines are controlled if they meet
Note : Note2B226.a. does not control furnaces designed for the processing of semiconductor wafers.
Systems, Equipment and Components
TECHNICAL NOTE ON "ADJUSTED PEAK PERFORMANCE" ("APP")
Outline of "APP" calculation method
2. 2.Calculate the floating point rate R for each processor Ri = FPOi/ti.
4. For 'vector processors', W i = 0,9. For non-'vector processors', W i = 0,3.
CATEGORY 6 — SENSORS AND LASERS
CATEGORY 7 — NAVIGATION AND AVIONICS
Systems, Equipment and Components
N.B. : N.B.For automatic pilots for underwater vehicles, see Category 8. For radar, see Category 6.
N.B. : N.B.For angular or rotational accelerometers, see 7A001.b.
N.B. : N.B.For angular or rotational accelerometers, see 7A001.b.
a. a.'Star trackers' with a specified azimuth accuracy of equal to or less (better) than 20
b. Components specially designed for equipment specified in 7A004.a. as follows:
N.B. : N.B.For equipment specially designed for military use, see Military Goods Controls.
2. 2.In 7A101 the measurement of "bias" and "scale factor" refers to a one sigma standard
UNION GENERAL EXPORT AUTHORISATION No EU003
Export after repair/replacement
Issuing authority: European Union
UNION GENERAL EXPORT AUTHORISATION No EU004
Temporary export for exhibition or fair
Issuing authority: European Union
Part 3 — Conditions and requirements for use
1. This authorisation authorises the export of items listed in Part...
2. The competent authority of the Member State where the exporter...
3. This authorisation does not authorise the export of items where:...
4. Exporters must mention the EU reference number X002 and specify...
5. Any exporter who uses this authorisation must notify the competent...
6. For the purpose of this authorisation, 'exhibition or fair' means...
UNION GENERAL EXPORT AUTHORISATION NO EU005
UNION GENERAL EXPORT AUTHORISATION No EU006
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