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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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[F1CATEGORY 7 — NAVIGATION AND AVIONICS U.K.

7A Systems, Equipment and Components U.K.

N.B. : For automatic pilots for underwater vehicles, see Category 8. For radar, see Category 6. U.K.

7A001

Accelerometers as follows and specially designed components therefor:

N.B. : SEE ALSO 7A101. U.K.

N.B. : For angular or rotational accelerometers, see 7A001.b. U.K.

a.

Linear accelerometers having any of the following:

1.

Specified to function at linear acceleration levels less than or equal to 15 g and having any of the following:

a.

A bias”“stability of less (better) than 130 micro g with respect to a fixed calibration value over a period of one year; or

b.

A scale factor stability of less (better) than 130 ppm with respect to a fixed calibration value over a period of one year;

2.

Specified to function at linear acceleration levels exceeding 15 g but less than or equal to 100 g and having all of the following:

a.

A bias”“repeatability of less (better) than 1 250 micro g over a period of one year; and

b.

A scale factor”“repeatability of less (better) than 1 250 ppm over a period of one year; or

3.

Designed for use in inertial navigation or guidance systems and specified to function at linear acceleration levels exceeding 100 g;

Note : 7A001.a.1. and 7A001.a.2. do not control accelerometers limited to measurement of only vibration or shock. U.K.

b.

Angular or rotational accelerometers, specified to function at linear acceleration levels exceeding 100 g.

7A002

Gyros or angular rate sensors, having any of the following and specially designed components therefor:

N.B. : SEE ALSO 7A102. U.K.

N.B. : For angular or rotational accelerometers, see 7A001.b. U.K.

a.

Specified to function at linear acceleration levels less than or equal to 100 g and having any of the following:

1.

A rate range of less than 500 degrees per second and having any of the following:

a.

A bias”“stability of less (better) than 0,5 degree per hour, when measured in a 1 g environment over a period of one month, and with respect to a fixed calibration value; or

b.

An angle random walk of less (better) than or equal to 0,0035 degree per square root hour; or

Note : 7A002.a.1.b. does not control spinning mass gyros. U.K.

2.

A rate range greater than or equal to 500 degrees per second and having any of the following:

a.

A bias”“stability of less (better) than 4 degrees per hour, when measured in a 1 g environment over a period of three minutes, and with respect to a fixed calibration value; or

b.

An angle random walk of less (better) than or equal to 0,1 degree per square root hour; or

Note : 7A002.a.2.b. does not control spinning mass gyros. U.K.

b.

Specified to function at linear acceleration levels exceeding 100 g.

7A003

Inertial measurement equipment or systems , having any of the following:

N.B. : SEE ALSO 7A103. U.K.

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: U.K.

  • Attitude and Heading Reference Systems (AHRSs);

  • Gyrocompasses;

  • Inertial Measurement Units (IMUs);

  • Inertial Navigation Systems (INSs);

  • Inertial Reference Systems (IRSs);

  • Inertial Reference Units (IRUs).

Note 2 : 7A003 does not control inertial measurement equipment or systems which are certified for use on civil aircraft by civil authorities of participating states. U.K.

Technical Notes : U.K.
1. Positional aiding references independently provide position, and include: U.K.
a.

Global Navigation Satellite Systems (GNSS);

b.

Data-Based Referenced Navigation ( DBRN ).

2. Circular Error Probable ( CEP ) - In a circular normal distribution, the radius of the circle containing 50 % of the individual measurements being made, or the radius of the circle within which there is a 50 % probability of being located. U.K.
a.

Designed for aircraft , land vehicles or vessels, providing position without the use of positional aiding references , and having any of the following accuracies subsequent to normal alignment:

1.

0,8 nautical miles per hour (nm/hr) Circular Error Probable ( CEP ) rate or less (better);

2.

0,5 % distanced travelled CEP or less (better); or

3.

Total drift of 1 nautical mile CEP or less (better) in a 24 hr period;

Technical Note : U.K.

The performance parameters in 7A003.a.1., 7A003.a.2. and 7A003.a.3. typically apply to inertial measurement equipment or systems designed for aircraft , vehicles and vessels, respectively. These parameters result from the utilisation of specialised non-positional aiding references (e.g., altimeter, odometer, velocity log). As a consequence, the specified performance values cannot be readily converted between these parameters. Equipment designed for multiple platforms are evaluated against each applicable entry 7A003.a.1., 7A003.a.2., or 7A003.a.3.

b.

Designed for aircraft , land vehicles or vessels, with an embedded positional aiding reference and providing position after loss of all positional aiding references for a period of up to 4 minutes, having an accuracy of less (better) than 10 meters CEP ;

Technical Note : U.K.

7A003.b. refers to systems in which inertial measurement equipment or systems and other independent positional aiding references are built into a single unit (i.e., embedded) in order to achieve improved performance.

c.

Designed for aircraft , land vehicles or vessels, providing heading or True North determination and having any of the following:

1.

A maximum operating angular rate less (lower) than 500 deg/s and a heading accuracy without the use of positional aiding references equal to or less (better) than 0,07 deg sec(Lat) (equivalent to 6 arc minutes rms at 45 degrees latitude); or

2.

A maximum operating angular rate equal to or greater (higher) than 500 deg/s and a heading accuracy without the use of positional aiding references equal to or less (better) than 0,2 deg sec(Lat) (equivalent to 17 arc minutes rms at 45 degrees latitude); or

d.

Providing acceleration measurements or angular rate measurements, in more than one dimension, and having any of the following:

1.

Performance specified by 7A001 or 7A002 along any axis, without the use of any aiding references; or

2.

Being space-qualified and providing angular rate measurements having an angle random walk along any axis of less (better) than or equal to 0,1 degree per square root hour.

Note : 7A003.d.2. does not control inertial measurement equipment or systems that contain spinning mass gyros as the only type of gyro. U.K.

7A004

Star trackers and components therefor, as follows:

N.B. : SEE ALSO 7A104.

a.

Star trackers with a specified azimuth accuracy of equal to or less (better) than 20 seconds of arc throughout the specified lifetime of the equipment;

b.

Components specially designed for equipment specified in 7A004.a. as follows:

1.

Optical heads or baffles;

2.

Data processing units.

Technical Note : U.K.

Star trackers are also referred to as stellar attitude sensors or gyro-astro compasses.

7A005

Global Navigation Satellite Systems (GNSS) receiving equipment having any of the following and specially designed components therefor:

N.B. : SEE ALSO 7A105. U.K.

N.B. : For equipment specially designed for military use, see Military Goods Controls. U.K.

a.

Employing a decryption algorithm specially designed or modified for government use to access the ranging code for position and time; or

b.

Employing adaptive antenna systems .

Note : 7A005.b. does not control GNSS receiving equipment that only uses components designed to filter, switch, or combine signals from multiple omni-directional antennae that do not implement adaptive antenna techniques. U.K.

Technical Note : U.K.

For the purposes of 7A005.b adaptive antenna systems dynamically generate one or more spatial nulls in an antenna array pattern by signal processing in the time domain or frequency domain.

7A006

Airborne altimeters operating at frequencies other than 4,2 to 4,4 GHz inclusive and having any of the following:

N.B. : SEE ALSO 7A106.

a.

Power management; or

b.

Using phase shift key modulation.

7A008

Underwater sonar navigation systems using doppler velocity or correlation velocity logs integrated with a heading source and having a positioning accuracy of equal to or less (better) than 3 % of distance travelled Circular Error Probable ( CEP ) and specially designed components therefor.

Note : 7A008 does not control systems specially designed for installation on surface vessels or systems requiring acoustic beacons or buoys to provide positioning data. U.K.

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

See 8A002 for other marine systems.

7A101

Linear accelerometers, other than those specified in 7A001, designed for use in inertial navigation systems or in guidance systems of all types, usable in missiles , having all the following characteristics, and specially designed components therefor:

a.

A bias”“repeatability of less (better) than 1 250 micro g; and

b.

A scale factor repeatability of less (better) than 1 250 ppm;

Note : 7A101 does not control accelerometers specially designed and developed as Measurement While Drilling (MWD) Sensors for use in downhole well service operations.

Technical Notes : U.K.
1. In 7A101 missile means complete rocket systems and unmanned aerial vehicle systems capable of a range exceeding 300 km; U.K.
2. In 7A101 the measurement of bias and scale factor refers to a one sigma standard deviation with respect to a fixed calibration over a period of one year; U.K.
7A102

All types of gyros, other than those specified in 7A002, usable in missiles , with a rated drift rate stability of less than 0,5 ° (1 sigma or rms) per hour in a 1 g environment and specially designed components therefor.

Technical Notes : U.K.
1. In 7A102 missile means complete rocket systems and unmanned aerial vehicle systems capable of a range exceeding 300 km. U.K.
2. In 7A102 stability is defined as a measure of the ability of a specific mechanism or performance coefficient to remain invariant when continuously exposed to a fixed operating condition (IEEE STD 528-2001 paragraph 2.247). U.K.
7A103

Instrumentation, navigation equipment and systems, other than those specified in 7A003, as follows; and specially designed components therefor:

a.

Inertial or other equipment, using accelerometers or gyros as follows, and systems incorporating such equipment:

1.

Accelerometers specified in 7A001.a.3., 7A001.b. or 7A101 or gyros specified in 7A002 or 7A102; or

2.

Accelerometers specified in 7A001.a.1. or 7A001.a.2. designed for use in inertial navigation systems or in guidance systems of all types, and usable in missiles ;

Note : 7A103.a. does not specify equipment containing accelerometers specified in 7A001 where such accelerometers are specially designed and developed as MWD (Measurement While Drilling) sensors for use in down-hole well services operations. U.K.

b.

Integrated flight instrument systems which include gyrostabilisers or automatic pilots, designed or modified for use in missiles ;

c.

Integrated navigation systems , designed or modified for missiles and capable of providing a navigational accuracy of 200 m Circle of Equal Probability (CEP) or less;

Technical Note : U.K.

An integrated navigation system typically incorporates the following components:

1.

An inertial measurement device (e.g., an attitude and heading reference system, inertial reference unit, or inertial navigation system);

2.

One or more external sensors used to update the position and/or velocity, either periodically or continuously throughout the flight (e.g., satellite navigation receiver, radar altimeter, and/or Doppler radar); and

3.

Integration hardware and software;

d.

Three axis magnetic heading sensors, designed or modified to be integrated with flight control and navigation systems, other than those specified in 6A006, having all the following characteristics, and specially designed components therefor;

1.

Internal tilt compensation in pitch (± 90 degrees) and roll (± 180 degrees) axes;

2.

Capable of providing azimuthal accuracy better (less) than 0,5 degrees rms at latitude of ± 80 degrees, reference to local magnetic field.

Note : Flight control and navigation systems in 7A103.d. include gyrostabilizers, automatic pilots and inertial navigation systems. U.K.

Technical Note : U.K.

In 7A103 missile means complete rocket systems and unmanned aerial vehicle systems capable of a range exceeding 300 km.

7A104

Gyro-astro compasses and other devices, other than those specified in 7A004, which derive position or orientation by means of automatically tracking celestial bodies or satellites and specially designed components therefor.

7A105

Receiving equipment for Global Navigation Satellite Systems (GNSS; e.g. GPS, GLONASS, or Galileo), other than those specified in 7A005, having any of the following characteristics, and specially designed components therefor:

a.

Designed or modified for use in space launch vehicles specified in 9A004, unmanned aerial vehicles specified in 9A012 or sounding rockets specified in 9A104; or

b.

Designed or modified for airborne applications and having any of the following:

1.

Capable of providing navigation information at speeds in excess of 600 m/s;

2.

Employing decryption, designed or modified for military or governmental services, to gain access to GNSS secured signal/data; or

3.

Being specially designed to employ anti-jam features (e.g. null steering antenna or electronically steerable antenna) to function in an environment of active or passive countermeasures.

Note : 7A105.b.2. and 7A105.b.3. do not control equipment designed for commercial, civil or Safety of Life (e.g., data integrity, flight safety) GNSS services. U.K.

7A106

Altimeters, other than those specified in 7A006, of radar or laser radar type, designed or modified for use in space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.

7A115

Passive sensors for determining bearing to specific electromagnetic source (direction finding equipment) or terrain characteristics, designed or modified for use in space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.

Note : 7A115 includes sensors for the following equipment:

a.

Terrain contour mapping equipment;

b.

Imaging sensor equipment (both active and passive);

c.

Passive interferometer equipment.

7A116

Flight control systems and servo valves, as follows; designed or modified for use in space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.

a.

Hydraulic, mechanical, electro-optical, or electro-mechanical flight control systems (including fly-by-wire types);

b.

Attitude control equipment;

c.

Flight control servo valves designed or modified for the systems specified in 7A116.a. or 7A116.b., and designed or modified to operate in a vibration environment greater than 10 g rms between 20 Hz and 2 kHz.

7A117

Guidance sets , usable in missiles capable of achieving system accuracy of 3,33 % or less of the range (e.g., a CEP of 10 km or less at a range of 300 km).

7B Test, Inspection and Production Equipment U.K.

7B001

Test, calibration or alignment equipment, specially designed for equipment specified in 7A.

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

Technical Notes : U.K.
1. Maintenance Level I U.K.

The failure of an inertial navigation unit is detected on the aircraft by indications from the Control and Display Unit (CDU) or by the status message from the corresponding sub-system. By following the manufacturer's manual, the cause of the failure may be localised at the level of the malfunctioning Line Replaceable Unit (LRU). The operator then removes the LRU and replaces it with a spare.

2. Maintenance Level II U.K.

The defective LRU is sent to the maintenance workshop (the manufacturer's or that of the operator responsible for level II maintenance). At the maintenance workshop, the malfunctioning LRU is tested by various appropriate means to verify and localise the defective Shop Replaceable Assembly (SRA) module responsible for the failure. This SRA is removed and replaced by an operative spare. The defective SRA (or possibly the complete LRU) is then shipped to the manufacturer. Maintenance Level II does not include the disassembly or repair of controlled accelerometers or gyro sensors.

7B002

Equipment specially designed to characterize mirrors for ring laser gyros, as follows:

N.B. : SEE ALSO 7B102.

a.

Scatterometers having a measurement accuracy of 10 ppm or less (better);

b.

Profilometers having a measurement accuracy of 0,5 nm (5 angstrom) or less (better).

7B003

Equipment specially designed for the production of equipment specified in 7A.

Note : 7B003 includes:

  • Gyro tuning test stations;

  • Gyro dynamic balance stations;

  • Gyro run-in/motor test stations;

  • Gyro evacuation and fill stations;

  • Centrifuge fixtures for gyro bearings;

  • Accelerometer axis align stations;

  • Fibre optic gyro coil winding machines.

7B102

Reflectometers specially designed to characterise mirrors, for laser gyros, having a measurement accuracy of 50 ppm or less (better).

7B103

Production facilities and production equipment as follows:

a.

Production facilities specially designed for equipment specified in 7A117;

b.

Production equipment , and other test, calibration and alignment equipment, other than that specified in 7B001 to 7B003, designed or modified to be used with equipment specified in 7A.

7C Materials U.K.

None.

7D Software U.K.

7D001

Software specially designed or modified for the development or production of equipment specified in 7A. or 7B.

7D002

Source code for the operation or maintenance of any inertial navigation equipment, including inertial equipment not specified in 7A003 or 7A004, or Attitude and Heading Reference Systems ( AHRS ).

Note : 7D002 does not control source code for the use of gimballed AHRS. U.K.

Technical Note : U.K.

AHRS generally differ from Inertial Navigation Systems (INS) in that an AHRS provides attitude and heading information and normally does not provide the acceleration, velocity and position information associated with an INS.

7D003

Other software as follows:

a.

Software specially designed or modified to improve the operational performance or reduce the navigational error of systems to the levels specified in 7A003, 7A004 or 7A008;

b.

Source code for hybrid integrated systems which improves the operational performance or reduces the navigational error of systems to the level specified in 7A003 or 7A008 by continuously combining heading data with any of the following:

1.

Doppler radar or sonar velocity data;

2.

Global Navigation Satellite Systems (GNSS) reference data; or

3.

Data from Data-Based Referenced Navigation ( DBRN ) systems;

c.

Not used;

d.

Not used;

e.

Computer-Aided-Design (CAD) software specially designed for the development of active flight control systems , helicopter multi-axis fly-by-wire or fly-by-light controllers or helicopter circulation controlled anti-torque or circulation-controlled direction control systems , whose technology is specified in 7E004.b., 7E004.c.1. or 7E004.c.2.

7D004

Source code incorporating development technology specified in 7E004.a.1. to 7E004.a.6. or 7E004.b., for any of the following:

a.

Digital flight management systems for total control of flight ;

b.

Integrated propulsion and flight control systems;

c.

Fly-by-wire or fly-by-light control systems;

d.

Fault-tolerant or self-reconfiguring active flight control systems ;

e.

Not used;

f.

Air data systems based on surface static data; or

g.

Three dimensional displays.

Note : 7D004. does not control source code associated with common computer elements and utilities (e.g., input signal acquisition, output signal transmission, computer program and data loading, built-in test, task scheduling mechanisms) not providing a specific flight control system function.

7D005

Software specially designed to decrypt Global Navigation Satellite Systems (GNSS) ranging code designed for government use.

7D101

Software specially designed or modified for the use of equipment specified in 7A001 to 7A006, 7A101 to 7A106, 7A115, 7A116.a., 7A116.b., 7B001, 7B002, 7B003, 7B102 or 7B103.

7D102

Integration software as follows:

a.

Integration software for the equipment specified in 7A103.b.;

b.

Integration software specially designed for the equipment specified in 7A003 or 7A103.a.

c.

Integration software designed or modified for the equipment specified in 7A103.c.

Note : A common form of integration software employs Kalman filtering. U.K.

7D103

Software specially designed for modelling or simulation of the guidance sets specified in 7A117 or for their design integration with the space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.

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

7E Technology U.K.

7E001

Technology according to the General Technology Note for the development of equipment or software , specified in 7A, 7B, 7D001, 7D002, 7D003, 7D005 and 7D101 to 7D103.

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

7E002

Technology according to the General Technology Note for the production of equipment specified in 7A or 7B.

7E003

Technology according to the General Technology Note for the repair, refurbishing or overhaul of equipment specified in 7A001 to 7A004.

Note : 7E003 does not control maintenance technology directly associated with calibration, removal or replacement of damaged or unserviceable LRUs and SRAs of a civil aircraft as described in Maintenance Level I or Maintenance Level II.

N.B. : See Technical Notes to 7B001. U.K.

7E004

Other technology as follows:

a.

Technology for the development or production of any of the following:

1.

Not used;

2.

Air data systems based on surface static data only, i.e., which dispense with conventional air data probes;

3.

Three dimensional displays for aircraft ;

4.

Not used;

5.

Electric actuators (i.e., electromechanical, electrohydrostatic and integrated actuator package) specially designed for primary flight control ;

6.

Flight control optical sensor array specially designed for implementing active flight control systems; or

7.

DBRN systems designed to navigate underwater, using sonar or gravity databases, that provide a positioning accuracy equal to or less (better) than 0,4 nautical miles;

b.

Development technology , as follows, for active flight control systems (including fly-by-wire or fly-by-light):

1.

Photonic-based technology for sensing aircraft or flight control component state, transferring flight control data, or commanding actuator movement, required for fly-by-light active flight control systems ;

2.

Not used;

3.

Real-time algorithms to analyze component sensor information to predict and preemptively mitigate impending degradation and failures of components within an active flight control system ;

Note : 7E004.b.3. does not control algorithms for purpose of off-line maintenance. U.K.

4.

Real-time algorithms to identify component failures and reconfigure force and moment controls to mitigate active flight control system degradations and failures;

Note : 7E004.b.4. does not control algorithms for the elimination of fault effects through comparison of redundant data sources, or off-line pre-planned responses to anticipated failures. U.K.

5.

Integration of digital flight control, navigation and propulsion control data, into a digital flight management system for total control of flight ;

Note : 7E004.b.5. does not control: U.K.

a.

Development technology for integration of digital flight control, navigation and propulsion control data, into a digital flight management system for flight path optimisation ;

b.

Development technology for aircraft flight instrument systems integrated solely for VOR, DME, ILS or MLS navigation or approaches.

6.

Not used;

Note : 7E004.b. does not control technology associated with common computer elements and utilities (e.g., input signal acquisition, output signal transmission, computer program and data loading, built-in test, task scheduling mechanisms) not providing a specific flight control system function. U.K.

c.

Technology for the development of helicopter systems, as follows:

1.

Multi-axis fly-by-wire or fly-by-light controllers, which combine the functions of at least two of the following into one controlling element:

a.

Collective controls;

b.

Cyclic controls;

c.

Yaw controls;

2.

Circulation-controlled anti-torque or circulation-controlled directional control systems ;

3.

Rotor blades incorporating variable geometry airfoils , for use in systems using individual blade control.

7E101

Technology according to the General Technology Note for the use of equipment specified in 7A001 to 7A006, 7A101 to 7A106, 7A115 to 7A117, 7B001, 7B002, 7B003, 7B102, 7B103, 7D101 to 7D103.

7E102

Technology for protection of avionics and electrical subsystems against electromagnetic pulse (EMP) and electromagnetic interference (EMI) hazards, from external sources, as follows:

a.

Design technology for shielding systems;

b.

Design technology for the configuration of hardened electrical circuits and subsystems;

c.

Design technology for the determination of hardening criteria of 7E102.a. and 7E102.b.

7E104

Technology for the integration of the flight control, guidance, and propulsion data into a flight management system for optimization of rocket system trajectory.]

Textual Amendments

F1Substituted by Commission Delegated Regulation (EU) 2020/1749 of 7 October 2020 amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.

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