- Latest available (Revised)
- Original (As adopted by EU)
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)
When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.
Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).
There are currently no known outstanding effects for the Council Regulation (EC) No 428/2009, Division [9E].
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments
F2Word in Annex 1 Entry 9E001 omitted (1.4.2024) by virtue of The Export Control (Amendment) Regulations 2024 (S.I. 2024/346), regs. 1(1), 3(23)(a)
NB:
For "technology" for the repair of controlled structures, laminates or materials, see 1E002.f.
Textual Amendments
F3Word in Annex 1 Entry 9E002 omitted (1.4.2024) by virtue of The Export Control (Amendment) Regulations 2024 (S.I. 2024/346), regs. 1(1), 3(23)(b)
"Technology" "required" for the "development" or "production" of any of the following gas turbine engine components or systems:
Gas turbine blades, vanes or "tip shrouds", made from directionally solidified (DS) or single crystal (SC) alloys and having (in the 001 Miller Index Direction) a stress-rupture life exceeding 400 hours at 1 273 K (1 000 °C) at a stress of 200 MPa, based on the average property values;
Technical Note:
For the purposes of 9E003.a.1., stress-rupture life testing is typically conducted on a test specimen.
Combustors having any of the following:
‘Thermally decoupled liners’ designed to operate at ‘combustor exit temperature’ exceeding 1 883K (1 610 °C);
Non-metallic liners;
Non-metallic shells; F4...
Liners designed to operate at ‘combustor exit temperature’ exceeding 1 883 K (1 610 °C) and having holes that meet the parameters specified in 9E003.c.; [F5or]
[F6Utilisation of ‘pressure gain combustion’]
Note: The "required""technology" for holes in 9E003.a.2. is limited to the derivation of the geometry and location of the holes.
Technical Notes:
1. [F7For the purposes of 9E003.a.2.a., ‘thermally] decoupled liners’ are liners that feature at least a support structure designed to carry mechanical loads and a combustion facing structure designed to protect the support structure from the heat of combustion. The combustion facing structure and support structure have independent thermal displacement (mechanical displacement due to thermal load) with respect to one another, i.e. they are thermally decoupled.
2. [F8For the purposes of 9E003.a.2.d. ‘combustor] exit temperature’ is the bulk average gas path total (stagnation) temperature between the combustor exit plane and the leading edge of the turbine inlet guide vane (i.e., measured at engine station T40 as defined in SAE ARP 755A) when the engine is running in a "steady state mode" of operation at the certificated maximum continuous operating temperature.
[F93. [F10For the purposes of 9E003.a.2.e., in] ‘pressure gain combustion’ the bulk average stagnation pressure at the combustor outlet is greater than the bulk average stagnation pressure at the combustor inlet due primarily to the combustion process, when the engine is running in a “steady state mode” of operation.]
NB: See 9E003.c. for "technology""required" for manufacturing cooling holes.
Components that are any of the following:
Manufactured from organic "composite" materials designed to operate above 588 K (315 °C);
Manufactured from any of the following:
Metal "matrix""composites" reinforced by any of the following:
Materials specified in 1C007;
"Fibrous or filamentary materials" specified in 1C010; or
Aluminides specified in 1C002.a.; or
Ceramic "matrix""composites" specified in 1C007.; or
Stators, vanes, blades, tip seals (shrouds), rotating blings, rotating blisks, or ‘splitter ducts’, that are all of the following:
Not specified in 9E003.a.3.a.;
Designed for compressors or fans; and
Manufactured from material specified in 1C010.e. with resins specified in 1C008;
Technical Note:
[F11For the purposes of 9E003.a.3.c., a ‘splitter] duct’ performs the initial separation of the air-mass flow between the bypass and core sections of the engine.
Uncooled turbine blades, vanes or "tip-shrouds", designed to operate at a ‘gas path temperature’ of 1 373 K (1 100 °C) or more;
Cooled turbine blades, vanes, "tip-shrouds" other than those described in 9E003.a.1., designed to operate at a ‘gas path temperature’ of 1 693 K (1 420 °C) or more;
Technical Note:
[F12For the purposes of 9E003.a.5., ‘gas] path temperature’ is the bulk average gas path total (stagnation) temperature at the leading edge plane of the turbine component when the engine is running in a "steady state mode" of operation at the certificated or specified maximum continuous operating temperature.
[F13Aerofoil]-to-disk blade combinations using solid state joining;
Not used;
‘Damage tolerant’ gas turbine engine rotor components using powder metallurgy materials specified in 1C002.b.; or
Technical Note:
[F14For the purposes of 9E003.a.8., ‘damage] tolerant’ components are designed using methodology and substantiation to predict and limit crack growth.
Not used;
Not used;
‘Fan blades’ having all of the following:
20 % or more of the total volume being one or more closed cavities containing vacuum or gas only; and
One or more closed cavities having a volume of 5 cm3 or larger;
Technical Note:
For the purposes of 9E003.a.11., a ‘fan blade’ is the aerofoil portion of the rotating stage or stages, which provide both compressor and bypass flow in a gas turbine engine.
"Technology""required" for the "development" or "production" of any of the following:
Wind tunnel aero-models equipped with non-intrusive sensors capable of transmitting data from the sensors to the data acquisition system; or
"Composite" propeller blades or propfans, capable of absorbing more than 2 000 kW at flight speeds exceeding Mach 0,55;
"Technology""required" for manufacturing cooling holes F15... in gas turbine engine components incorporating any of the "technologies" specified in 9E003.a.1., 9E003.a.2. or 9E003.a.5., and having any of the following:
Having all of the following:
Minimum ‘cross-sectional area’ less than 0,45 mm2;
‘Hole shape ratio’ greater than 4,52; and
‘Incidence angle’ equal to or less than 25o; or
Having all of the following:
Minimum ‘cross-sectional area’ less than 0,12 mm2;
‘Hole shape ratio’ greater than 5,65; and
‘Incidence angle’ more than 25o;
Note:
9E003.c. does not control "technology" for manufacturing constant radius cylindrical holes that are straight through and enter and exit on the external surfaces of the component.
Technical Notes:
1.
For the purposes of 9E003.c., the ‘cross-sectional area’ is the area of the hole in the plane perpendicular to the hole axis.
2.
For the purposes of 9E003.c., ‘hole shape ratio’ is the nominal length of the axis of the hole divided by the square root of its minimum ‘cross-sectional area’.
3.
For the purposes of 9E003.c., ‘incidence angle’ is the acute angle measured between the plane tangential to the aerofoil surface and the hole axis at the point where the hole axis enters the aerofoil surface.
4.
[F16For the purposes of 9E003.c., methods] for manufacturing holes in 9E003.c. include "laser" beam machining, water jet machining, Electro-Chemical Machining (ECM) or Electrical Discharge Machining (EDM).
"Technology""required" for the "development" or "production" of helicopter power transfer systems or tilt rotor or tilt wing "aircraft" power transfer systems;
"Technology" for the "development" or "production" of reciprocating diesel engine ground vehicle propulsion systems having all of the following:
‘Box volume’ of 1,2 m3 or less;
An overall power output of more than 750 kW based on 80/1269/EEC, ISO 2534 or national equivalents; and
Power density of more than 700 kW/m3 of ‘box volume’;
Technical Note:
[F17For the purposes of 9E003.e., ‘box volume’] is the product of three perpendicular dimensions measured in the following way:
:
The length of the crankshaft from front flange to flywheel face;
:
The widest of any of the following:
The outside dimension from valve cover to valve cover;
The dimensions of the outside edges of the cylinder heads; or
The diameter of the flywheel housing;
:
The largest of any of the following:
The dimension of the crankshaft centre-line to the top plane of the valve cover (or cylinder head) plus twice the stroke; or
The diameter of the flywheel housing.
"Technology""required" for the "production" of specially designed components for [F18“high output diesel engines”], as follows:
"Technology" "required" for the "production" of engine systems having all of the following components employing ceramics materials specified in 1C007:
Cylinder liners;
Pistons;
Cylinder heads; and
One or more other components (including exhaust ports, turbochargers, valve guides, valve assemblies or insulated fuel injectors);
"Technology""required" for the "production" of turbocharger systems with single-stage compressors and having all of the following:
Operating at pressure ratios of 4:1 or higher;
Mass flow in the range from 30 to 130 kg per minute; and
Variable flow area capability within the compressor or turbine sections;
"Technology" "required" for the "production" of fuel injection systems with a specially designed multifuel (e.g., diesel or jet fuel) capability covering a viscosity range from diesel fuel (2,5 cSt at 310,8 K (37,8 °C)) down to gasoline fuel (0,5 cSt at 310,8 K (37,8 °C)) and having all of the following:
Injection amount in excess of 230 mm3 per injection per cylinder; and
Electronic control features specially designed for switching governor characteristics automatically depending on fuel property to provide the same torque characteristics by using the appropriate sensors;
"Technology""required" for the "development" or "production" of [F19“high output diesel engines”] for solid, gas phase or liquid film (or combinations thereof) cylinder wall lubrication and permitting operation to temperatures exceeding 723 K (450 °C), measured on the cylinder wall at the top limit of travel of the top ring of the piston;
F20...
"Technology" for gas turbine engine "FADEC systems" as follows:
"Development""technology" for deriving the functional requirements for the components necessary for the "FADEC system" to regulate engine thrust or shaft power (e.g., feedback sensor time constants and accuracies, fuel valve slew rate);
"Development" or "production""technology" for control and diagnostic components unique to the "FADEC system" and used to regulate engine thrust or shaft power;
"Development""technology" for the control law algorithms, including "source code", unique to the "FADEC system" and used to regulate engine thrust or shaft power;
Note: 9E003.h. does not control technical data related to engine-"aircraft" integration required by the civil aviation authorities of F21... Wassenaar Arrangement Participating States to be published for general airline use (e.g., installation manuals, operating instructions, instructions for continued airworthiness) or interface functions (e.g., input/output processing, airframe thrust or shaft power demand).
"Technology" for adjustable flow path systems designed to maintain engine stability for gas generator turbines, fan or power turbines, or propelling nozzles, as follows:
"Development""technology" for deriving the functional requirements for the components that maintain engine stability;
"Development" or "production""technology" for components unique to the adjustable flow path system and that maintain engine stability;
"Development""technology" for the control law algorithms, including "source code", unique to the adjustable flow path system and that maintain engine stability.
Note:
9E003.i. does not control "technology" for any of the following:
Inlet guide vanes;
Variable pitch fans or prop-fans;
Variable compressor vanes;
Compressor bleed valves; or
Adjustable flow path geometry for reverse thrust.
"Technology""required" for the "development" of wing-folding systems designed for fixed-wing "aircraft" powered by gas turbine engines.
NB: For "technology""required" for the "development" of wing-folding systems designed for fixed-wing "aircraft" SEE ALSO MILITARY GOODS CONTROLS.
[F22“Technology”, not specified in 9E003.a., 9E003.h., or 9E003.i., “required” for the “development” of any of the following components or systems, specially designed for aero gas turbine engines to enable “aircraft” to cruise at Mach 1 or greater for more than 30 minutes:
Propulsion inlet systems;
Propulsion exhaust systems;
‘Reheat systems’;
‘Active thermal management systems’ to condition fluids used to lubricate or cool ‘engine rotor supports’;
Oil-free ‘engine rotor supports’; or
Systems to remove heat from ‘compression system’ core gas path flow.
Technical Notes:
For the purposes of 9E003.k.:
1. Propulsion inlet systems include core flow pre-coolers.
2. ‘Reheat systems’ provide additional thrust by combusting fuel in exhaust and/or bypass flow downstream of the last turbomachinery stage. ‘Reheat systems’ are also referred to as afterburners.
3. ‘Active thermal management systems’ employ methods other than passive oil-to-air cooling or oil-to-fuel cooling, such as vapour cycle systems.
4. ‘Compression system’ is any stage or combination of stages between the engine inlet face and the combustor that increases gas path pressure through mechanical work.
5. An ‘engine rotor support’ is the bearing supporting the main engine shaft that drives the compression system or turbine rotors.
N.B. 1. See 9E003.h. for engine control technology.
N.B. 2. See 9E003.i. for adjustable flow path systems technology.]
Textual Amendments
F4Word in Annex 1 Entry 9E003.a.2.c omitted (31.3.2023) by virtue of The Export Control (Military and Dual-Use Lists) (Amendment) Regulations 2023 (S.I. 2023/302), regs. 1, 5(2)(i)(vi)
F5Word in Annex 1 Entry 9E003.a.2.d inserted (31.3.2023) by The Export Control (Military and Dual-Use Lists) (Amendment) Regulations 2023 (S.I. 2023/302), regs. 1, 5(2)(i)(vii)
F6Words in Annex 1 Entry 9E003.a.2 inserted (31.3.2023) by The Export Control (Military and Dual-Use Lists) (Amendment) Regulations 2023 (S.I. 2023/302), regs. 1, 5(2)(i)(viii)(aa)
F7Words in Annex 1 Entry 9E003.a.2 substituted (13.7.2023) by The Export Control (Amendment) Regulations 2023 (S.I. 2023/695), regs. 1(1), 3(2)(l)(ix)(aa)
F8Words in Annex 1 Entry 9E003.a.2 substituted (13.7.2023) by The Export Control (Amendment) Regulations 2023 (S.I. 2023/695), regs. 1(1), 3(2)(l)(ix)(bb)
F9Words in Annex 1 Entry 9E003.a.2 inserted (31.3.2023) by The Export Control (Military and Dual-Use Lists) (Amendment) Regulations 2023 (S.I. 2023/302), regs. 1, 5(2)(i)(viii)(bb)
F10Words in Annex 1 Entry 9E003.a.2 substituted (13.7.2023) by The Export Control (Amendment) Regulations 2023 (S.I. 2023/695), regs. 1(1), 3(2)(l)(ix)(cc)
F11Words in Annex 1 Entry 9E003.a.3.c substituted (13.7.2023) by The Export Control (Amendment) Regulations 2023 (S.I. 2023/695), regs. 1(1), 3(2)(l)(x)
F12Words in Annex 1 Entry 9E003.a.5 substituted (13.7.2023) by The Export Control (Amendment) Regulations 2023 (S.I. 2023/695), regs. 1(1), 3(2)(l)(xi)
F13Word in Annex 1 Entry 9E003.a.6 substituted (31.3.2023) by The Export Control (Military and Dual-Use Lists) (Amendment) Regulations 2023 (S.I. 2023/302), regs. 1, 5(2)(i)(ix)
F14Words in Annex 1 Entry 9E003.a.8 substituted (13.7.2023) by The Export Control (Amendment) Regulations 2023 (S.I. 2023/695), regs. 1(1), 3(2)(l)(xii)
F15Punctuation in Annex 1 Entry 9E003.c omitted (13.7.2023) by virtue of The Export Control (Amendment) Regulations 2023 (S.I. 2023/695), regs. 1(1), 3(2)(l)(xiii)
F16Words in Annex 1 Entry 9E003.c substituted (13.7.2023) by The Export Control (Amendment) Regulations 2023 (S.I. 2023/695), regs. 1(1), 3(2)(l)(xiv)
F17Words in Annex 1 Entry 9E003.e substituted (13.7.2023) by The Export Control (Amendment) Regulations 2023 (S.I. 2023/695), regs. 1(1), 3(2)(l)(xv)
F18Words in Annex 1 Entry 9E003.f substituted (1.4.2024) by The Export Control (Amendment) Regulations 2024 (S.I. 2024/346), regs. 1(1), 3(23)(c)
F19Words in Annex 1 Entry 9E003.g substituted (1.4.2024) by The Export Control (Amendment) Regulations 2024 (S.I. 2024/346), regs. 1(1), 3(23)(d)
F20Words in Annex 1 Entry 9E003.g omitted (1.4.2024) by virtue of The Export Control (Amendment) Regulations 2024 (S.I. 2024/346), regs. 1(1), 3(23)(e)
F21Words in Annex 1 Entry 9E003.h Note omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 3(22)(h)(iii) (with reg. 5) (as amended by S.I. 2020/1502, regs. 2(3), 10); 2020 c. 1, Sch. 5 para. 1(1)
F22Annex 1 Entry 9E003.k inserted (13.7.2023) by The Export Control (Amendment) Regulations 2023 (S.I. 2023/695), regs. 1(1), 3(2)(l)(xvii)
"Technology" according to the General Technology Note for the "development" of goods specified in 9A101, 9A102, 9A104 to 9A111, 9A112.a. or 9A115 to 9A121.
"Technology" according to the General Technology Note for the "production" of ‘UAV’s specified in 9A012 or goods specified in 9A101, 9A102, 9A104 to 9A111, 9A112.a. or 9A115 to 9A121.
Technical Note:
In 9E101.b. ‘UAV’ means unmanned aerial vehicle systems capable of a range exceeding 300 km.
Technical Note:
In 9E102 ‘UAV’ means unmanned aerial vehicle systems capable of a range exceeding 300 km.]
The Whole Regulation you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.
The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.
For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: