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- Point in Time (16/12/2017)
- 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)
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Version Superseded: 15/12/2018
Point in time view as at 16/12/2017.
There are currently no known outstanding effects for the Council Regulation (EC) No 428/2009,
ANNEX IV
.
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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.
The entries do not always cover the complete description of the item and the related notes in Annex I (1) . Only Annex I provides for the complete description of the items.
The mention of an item in this Annex does not affect the application of the provisions concerning mass-market products in Annex I.
The terms appearing in straight double quotes are defined terms in the global definitions list of Annex I
Annex IV does not control the following items of the MTCR technology:
that are transferred on the basis of orders pursuant to a contractual relationship placed by the European Space Agency (ESA) or that are transferred by ESA to accomplish its official tasks;
that are transferred on the basis of orders pursuant to a contractual relationship placed by a Member State's national space organisation or that are transferred by it to accomplish its official tasks;
that are transferred on the basis of orders pursuant to a contractual relationship placed in connection with a Community space launch development and production programme signed by two or more European governments;
that are transferred to a State-controlled space launching site in the territory of a Member State, unless that Member State controls such transfers within the terms of this Regulation.
1C351.d.4. | Ricin |
1C351.d.5. | Saxitoxin |
All Category 0 of Annex I is included in Annex IV, subject to the following:
0C001: this item is not included in Annex IV.
0C002: this item is not included in Annex IV, with the exception of special fissile materials as follows:
separated plutonium;
‘ uranium enriched in the isotopes 235 or 233 ’ to more than 20 %.
0C003 only if for use in a "nuclear reactor" (within 0A001.a)
0D001 (software) is included in Annex IV except insofar as it relates to 0C001 or to those items of 0C002 that are excluded from Annex IV.
0E001 (technology) is included in Annex IV except insofar as these related to 0C001 or to those items of 0C002 that are excluded from Annex IV.
[F1The differences in the wordings/scopes between Annex I and Annex IV are indicated with bold italic text.]
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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