Council Regulation (EC) No 1334/2000 (repealed)Show full title

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setting up a Community regime for the control of exports of dual-use items and technology (repealed)

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(1),

Whereas:

(1) Dual-use items (including software and technology) should be subject to effective control when they are exported from the Community.

(2) An effective common system of export controls on dual-use items is necessary to ensure that the international commitments and responsabilities of the Member States, especially regarding non-proliferation, and of the European Union, are complied with.

(3) 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.

(4) The current regime of export controls on dual-use items established by Regulation (EC) No 3381/94(2), and Decision 94/942/CFSP(3), needs to be further harmonised in order to continue to guarantee the effective application of controls.

(5) Common lists of dual-use items, destinations and guidelines are essential elements for an effective export control system; such lists have been established by Decision 94/942/CFSP and subsequent amendments and should be incorporated into this Regulation.

(6) The responsability for deciding on applications for export authorisations 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(4).

(7) Decisions to update the common lists of dual-use items must be in full conformity with the obligations and commitments that each Member State has accepted as a member of the relevant international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties.

(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 reexport 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 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(5) and Commission Regulation (EEC) No 2454/93(6) implementing Regulation (EEC) No 2913/92 which lay down, among other things, provisions relating to the export and reexport 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 States will retain the right to carry out controls on transfers of certain dual-use items within the European Community in order to safeguard public policy or public security. Where these controls are linked to the effectiveness of controls on exports from the Community, they will be periodically reviewed by the Council.

(13) In order to ensure that this Regulation is properly applied, each Member State should take measures giving the competent authorities appropriate powers.

(14) Each Member State should determine the penalties applicable in the event of breach of the provisions of this Regulation.

(15) The European Parliament expressed its views in its resolution of 13 April 1999(7).

(16) In view of the foregoing, Regulation (EC) No 3381/94 should be repealed,

HAS ADOPTED THIS REGULATION:

(1)

OJ C 399, 21.12.1998, p. 1.

(2)

OJ L 367, 31.12.1994, p. 1. Regulation as amended by Regulation (EC) No 837/95 (OJ L 90, 21.4.1995, p. 1).

(3)

OJ L 367, 31.12.1994, p. 8. Decision as last amended by Decision 2000/243 CFSP (OJ L 82, 1.4.2000, p. 1).

(4)

OJ L 324, 27.12.1969, p. 25. Regulation as last amended by Regulation (EEC) No 3918/91 (OJ L 372, 31.12.1991, p. 31).

(5)

OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 955/1999 of the European Parliament and of the Council (OJ L 119, 7.5.1999, p. 1).

(6)

OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1662/1999 (OJ L 197, 29.7.1999, p. 25).

(7)

OJ C 219, 30.7.1999, p. 34.