Search Legislation

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)

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As adopted by EU)
 Help about advanced features

Advanced Features

 Help about UK-EU Regulation

Legislation originating from the EU

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.

Close

This item of legislation originated from the EU

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.).

Changes to legislation:

There are currently no known outstanding effects for the Council Regulation (EC) No 428/2009, Division [1B]. Help about Changes to Legislation

Close

Changes to Legislation

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.

[F1[1B]Test, Inspection and Production EquipmentU.K.

[1B001] [F2Equipment designed for the “production” of “composite” structures or laminates or “fibrous or filamentary materials”, as follows, and specially designed components and accessories therefor:] U.K.

NB:

SEE ALSO 1B101 AND 1B201.

a.

Filament winding machines, of which the motions for positioning, wrapping and winding fibres are coordinated and programmed in three or more ‘primary servo positioning’ axes, specially designed for the manufacture of "composite" structures or laminates, from "fibrous or filamentary materials";

b.

‘Tape-laying machines’, of which the motions for positioning and laying tape are coordinated and programmed in five or more ‘primary servo positioning’ axes, specially designed for the manufacture of "composite" airframe or ‘missile’ structures;

Note:

In 1B001.b., ‘missile’ means complete rocket systems and unmanned aerial vehicle systems.

Technical Note:

For the purposes of 1B001.b., ‘tape-laying machines’ have the ability to lay one or more ‘filament bands’ limited to widths greater than 25,4 mm and less than or equal to 304,8 mm, and to cut and restart individual ‘filament band’ courses during the laying process.

c.

Multidirectional, multidimensional weaving machines or interlacing machines, including adapters and modification kits, specially designed or modified for weaving, interlacing or braiding fibres, for "composite" structures;

Technical Note:

For the purposes of 1B001.c., the technique of interlacing includes knitting.

d.

Equipment specially designed or [F3modified for the “production” of “fibrous or filamentary materials” specified in 1C010], as follows:

1.

Equipment for converting polymeric fibres (such as polyacrylonitrile, rayon, pitch or polycarbosilane) into carbon fibres or silicon carbide fibres, including special equipment to strain the fibre during heating;

2.

Equipment for the chemical vapour deposition of elements or compounds, on heated filamentary substrates, to manufacture silicon carbide fibres;

3.

Equipment for the wet-spinning of refractory ceramics (such as aluminium oxide);

4.

Equipment for converting aluminium containing precursor fibres into alumina fibres by heat treatment;

e.

Equipment [F4specially designed or modified for the production of prepegs by the ‘hot melt method’];

[F5Technical Note:

For the purposes of 1B001.e., the 'hot melt method' is the process of applying pressure and heat to impregnate “fibrous or filamentary materials” with resin that has been pre-laminated onto a carrier substrate, such as film or paper.]

f.

Non-destructive inspection equipment specially designed for "composite" materials, as follows:

1.

X-ray tomography systems for three dimensional defect inspection;

2.

Numerically controlled ultrasonic testing machines of which the motions for positioning transmitters or receivers are simultaneously coordinated and programmed in four or more axes to follow the three dimensional contours of the component under inspection;

g.

‘Tow-placement machines’, of which the motions for positioning and laying tows are coordinated and programmed in two or more ‘primary servo positioning’ axes, specially designed for the manufacture of "composite" airframe or ‘missile’ structures.

Technical Note:

For the purposes of 1B001.g., ‘tow-placement machines’ have the ability to place one or more ‘filament bands’ having widths less than or equal to 25,4 mm, and to cut and restart individual ‘filament band’ courses during the placement process.

Technical Notes:

1.

For the [F6purposes] of 1B001, ‘primary servo positioning’ axes control, under computer [F7“program”] direction, the position of the end effector (i.e., head) in space relative to the work piece at the correct orientation and direction to achieve the desired process.

2.

For the purposes of 1B001, a ‘filament band’ is a single continuous width of fully or partially resin-impregnated tape, tow or fibre. Fully or partially resin-impregnated ‘filament bands’ include those coated with dry powder that tacks upon heating.

[1B002] Equipment designed to produce metal alloy powder or particulate materials, and having all of the following: U.K.
a.

Specially designed to avoid contamination; and

b.

Specially designed for use in one of the processes specified in 1C002.c.2.

NB:

SEE ALSO 1B102.

[1B003] Tools, dies, moulds or fixtures, for "superplastic forming" or "diffusion bonding" titanium, aluminium or their alloys, specially designed for the manufacture of any of the following: U.K.
a.

Airframe or aerospace structures;

b.

"Aircraft" or aerospace engines; or

c.

Specially designed components for structures specified in 1B003.a. or for engines specified in 1B003.b.

[1B101] Equipment, other than that specified in 1B001, for the "production" of structural composites as follows; and specially designed components and accessories therefor: U.K.

NB:

SEE ALSO 1B201.

Note:

Components and accessories specified in 1B101 include moulds, mandrels, dies, fixtures and tooling for the preform pressing, curing, casting, sintering or bonding of composite structures, laminates and manufactures thereof.

a.

Filament winding machines or fibre placement machines, of which the motions for positioning, wrapping and winding fibres can be coordinated and programmed in three or more axes, designed to fabricate composite structures or laminates from "fibrous or filamentary materials", and coordinating and programming controls;

b.

Tape-laying machines of which the motions for positioning and laying tape and sheets can be coordinated and programmed in two or more axes, designed for the manufacture of composite airframe and "missile" structures;

c.

Equipment designed or modified for the "production" of "fibrous or filamentary materials" as follows:

1.

Equipment for converting polymeric fibres (such as polyacrylonitrile, rayon or polycarbosilane) including special provision to strain the fibre during heating;

2.

Equipment for the vapour deposition of elements or compounds on heated filament substrates;

3.

Equipment for the wet-spinning of refractory ceramics (such as aluminium oxide);

d.

Equipment designed or modified for special fibre surface treatment or for producing prepregs and preforms specified in entry 9C110.

Note:

1B101.d. includes rollers, tension stretchers, coating equipment, cutting equipment and clicker dies.

[1B102] Metal powder "production equipment", other than that specified in 1B002, and components as follows: U.K.

NB:

SEE ALSO 1B115.b.

a.

Metal powder "production equipment" usable for the "production", in a controlled environment, of spherical, spheroidal or atomised materials specified in 1C011.a., 1C011.b., 1C111.a.1., 1C111.a.2. or in the Military Goods Controls.

b.

Specially designed components for "production equipment" specified in 1B002 or 1B102.a.

Note:

1B102 includes:

a.

Plasma generators (high frequency arc-jet) usable for obtaining sputtered or spherical metallic powders with organization of the process in an argon-water environment;

b.

Electroburst equipment usable for obtaining sputtered or spherical metallic powders with organization of the process in an argon-water environment;

c.

Equipment usable for the "production" of spherical aluminium powders by powdering a melt in an inert medium (e.g. nitrogen).

[1B115] Equipment, other than that specified in 1B002 or 1B102, for the production of propellant and propellant constituents, as follows, and specially designed components therefor: U.K.
a.

"Production equipment" for the "production", handling or acceptance testing of liquid propellants or propellant constituents specified in 1C011.a., 1C011.b., 1C111 or in the Military Goods Controls;

b.

"Production equipment" for the "production", handling, mixing, curing, casting, pressing, machining, extruding or acceptance testing of solid propellants or propellant constituents specified in 1C011.a., 1C011.b., 1C111 or in the Military Goods Controls.

Note:

1B115.b. does not control batch mixers, continuous mixers or fluid energy mills. For the control of batch mixers, continuous mixers and fluid energy mills see 1B117, 1B118 and 1B119.

Note 1:

For equipment specially designed for the production of military goods, see the Military Goods Controls.

Note 2:

1B115 does not control equipment for the "production", handling and acceptance testing of boron carbide.

[1B116] Specially designed nozzles for producing pyrolitically derived materials formed on a mould, mandrel or other substrate from precursor gases which decompose in the 1 573 K (1 300°C) to 3 173 K (2 900°C) temperature range at pressures of 130 Pa to 20 kPa. U.K.
[1B117] Batch mixers having all of the following, and specially designed components therefor: U.K.
a.

Designed or modified for mixing under vacuum in the range of zero to 13,326 kPa:

b.

Capable of controlling the temperature of the mixing chamber;

c.

A total volumetric capacity of 110 litres or more; and

d.

At least one ‘mixing/kneading shaft’ mounted off centre.

Note:

In 1B117.d. the term ‘mixing/kneading shaft’ does not refer to deagglomerators or knife-spindles.

[1B118] Continuous mixers having all of the following, and specially designed components therefor: U.K.
a.

Designed or modified for mixing under vacuum in the range of zero to 13,326 kPa;

b.

Capable of controlling the temperature of the mixing chamber;

c.

any of the following,:

1.

Two or more mixing/kneading shafts; or

2.

All of the following:

a.

A single rotating and oscillating shaft with kneading teeth/pins; and

b.

Kneading teeth/pins inside the casing of the mixing chamber.

[1B119] Fluid energy mills usable for grinding or milling substances specified in 1C011.a., 1C011.b., 1C111 or in the Military Goods Controls, and specially designed components therefor. U.K.
[1B201] Filament winding machines, other than those specified in 1B001 or 1B101, and related equipment, as follows: U.K.
a.

Filament winding machines having all of the following characteristics:

1.

Having motions for positioning, wrapping, and winding fibres coordinated and programmed in two or more axes;

2.

Specially designed to fabricate composite structures or laminates from "fibrous or filamentary materials"; and

3.

Capable of winding cylindrical tubes with an internal diameter between 75 and 650 mm and lengths of 300 mm or greater;

b.

Coordinating and programming controls for the filament winding machines specified in 1B201.a.;

c.

Precision mandrels for the filament winding machines specified in 1B201.a.

[1B225] Electrolytic cells for fluorine production with an output capacity greater than 250 g of fluorine per hour. U.K.
[1B226] Electromagnetic isotope separators designed for, or equipped with, single or multiple ion sources capable of providing a total ion beam current of 50 mA or greater. U.K.

Note:

1B226 includes separators:

a.

Capable of enriching stable isotopes;

b.

With the ion sources and collectors both in the magnetic field and those configurations in which they are external to the field.

[1B228] Hydrogen-cryogenic distillation columns having all of the following characteristics: U.K.
a.

Designed for operation with internal temperatures of 35 K (– 238 °C) or less;

b.

Designed for operation at an internal pressure of 0,5 to 5 MPa;

c.

Constructed of either:

1.

Stainless steel of the Society of Automotive Engineers International (SAE) 300 series with low sulphur content and with an austenitic ASTM (or equivalent standard) grain size number of 5 or greater; or

2.

Equivalent materials which are both cryogenic and hydrogen (H2)-compatible; and

d.

With internal diameters of 30 cm or greater and ‘effective lengths’ of 4 m or greater.

Technical Note:

In 1B228 ‘effective length’ means the active height of packing material in a packed-type column, or the active height of internal contactor plates in a plate-type column.

[1B230] Pumps capable of circulating solutions of concentrated or dilute potassium amide catalyst in liquid ammonia (KNH2/NH3), having all of the following characteristics: U.K.
a.

Airtight (i.e., hermetically sealed);

b.

A capacity greater than 8,5 m3/h; and

c.

Either of the following characteristics:

1.

For concentrated potassium amide solutions (1 % or greater), an operating pressure of 1,5 to 60 MPa; or

2.

For dilute potassium amide solutions (less than 1 %), an operating pressure of 20 to 60 MPa.

[1B231] Tritium facilities or plants, and equipment therefor, as follows: U.K.
a.

Facilities or plants for the production, recovery, extraction, concentration, or handling of tritium;

b.

Equipment for tritium facilities or plants, as follows:

1.

Hydrogen or helium refrigeration units capable of cooling to 23 K (– 250 °C) or less, with heat removal capacity greater than 150 W;

2.

Hydrogen isotope storage or hydrogen isotope purification systems using metal hydrides as the storage or purification medium.

[1B232] Turboexpanders or turboexpander-compressor sets having both of the following characteristics: U.K.
a.

Designed for operation with an outlet temperature of 35 K (– 238 °C) or less; and

b.

Designed for a throughput of hydrogen gas of 1 000 kg/h or greater.

[1B233] Lithium isotope separation facilities or plants, and systems and equipment therefor, as follows: U.K.
a.

Facilities or plants for the separation of lithium isotopes;

b.

Equipment for the separation of lithium isotopes based on the lithium-mercury amalgam process, as follows:

1.

Packed liquid-liquid exchange columns specially designed for lithium amalgams;

2.

Mercury or lithium amalgam pumps;

3.

Lithium amalgam electrolysis cells;

4.

Evaporators for concentrated lithium hydroxide solution;

c.

Ion exchange systems specially designed for lithium isotope separation, and specially designed components therefor;

d.

Chemical exchange systems (employing crown ethers, cryptands, or lariat ethers), specially designed for lithium isotope separation, and specially designed components therefor.

[1B234] High explosive containment vessels, chambers, containers and other similar containment devices designed for the testing of high explosives or explosive devices and having both of the following characteristics: U.K.

NB:

SEE ALSO MILITARY GOODS CONTROLS.

a.

Designed to fully contain an explosion equivalent to 2 kg of trinitrotoluene (TNT) or greater; and

b.

Having design elements or features enabling real time or delayed transfer of diagnostic or measurement information.

[1B235] Target assemblies and components for the production of tritium as follows: U.K.
a.

Target assemblies made of or containing lithium enriched in the lithium-6 isotope specially designed for the production of tritium through irradiation, including insertion in a nuclear reactor;

b.

Components specially designed for the target assemblies specified in 1B235.a.

Technical Note:

Components specially designed for target assemblies for the production of tritium may include lithium pellets, tritium getters, and specially-coated cladding.]

Back to top

Options/Help

Print Options

You have chosen to open the Whole Regulation

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?

You have chosen to open Schedules only

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?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

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.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources