The Export Control (Amendment) Regulations 2024

Amendments to Council Regulation (EC) No 428/2009

3.—(1) Annex I (list of dual-use items) to 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)(1) is amended as follows.

(2) In the section headed “ACRONYMS AND ABBREVIATIONS USED IN THIS ANNEX”, insert at the appropriate place—

“AIP	Air Independent Propulsion”.

(3) In the section headed “DEFINITIONS OF TERMS USED IN THIS ANNEX”—

(a) insert at the appropriate place—

““Charge multiplication” (6) is a form of electronic image amplification defined as the generation of charge carriers as a result of an impact ionisation gain process. “Charge multiplication” sensors may take the form of an image intensifier tube, solid state detector or “focal plan array”.”;

““High output diesel engines” (9) are diesel engines with a specified brake mean effective pressure of 1.8 MPa or more at a speed of 2,300 r.p.m., provided the rated speed is 2,300 r.p.m. or more.”;

(b) in the definition of “Vulnerability disclosure” for “purpose” substitute “purposes”.

(4) In the section headed “[1A] Systems, Equipment and Components”—

(a) in the Note to entry 1A003, for “production” substitute ““production””;

(b) in entry 1A007, after “NB: SEE ALSO MILITARY GOODS CONTROLS, 3A229 AND 3A232.”, on a new line, insert—

“Technical Note:

For the purposes of 1A007., the word initiator or igniter is sometimes used in place of the word detonator.”;

(c) in entry 1A007, for the Technical Notes substitute—

“Technical Note:

For the purposes of 1A007.b., the detonators of concern all utilise a small electrical conductor (bridge, bridge wire, or foil) that explosively vaporises when a fast, high-current electrical pulse is passed through it. In non-slapper types, the exploding conductor starts a chemical detonation in a contacting high explosive material such as PETN (pentaerythritoltetranitrate). In slapper detonators, the explosive vaporization of the electrical conductor drives a flyer or slapper across a gap, and the impact of the slapper on an explosive starts a chemical detonation. The slapper in some designs is driven by magnetic force. The term exploding foil detonator may refer to either an EB or a slapper-type detonator.”.

(5) In the section headed “[1B] Test, Inspection and Production Equipment”—

(a) for the words from “[1B001] Equipment” through to “therefor:” substitute—

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

(b) in entry 1B001.d., for “adapted for the production of reinforcement fibres” substitute “modified for the “production” of “fibrous or filamentary materials” specified in 1C010”;

(c) in entry 1B001.e., for “for producing prepregs specified in 1C010.e. by the hot melt method” substitute “specially designed or modified for the production of prepegs by the ‘hot melt method’”;

(d) after entry 1B001.e., on a new line, insert—

	“Technical 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.”.

(6) In the section headed “[1C] Materials”—

(a) after entry 1C011.d., on a new line insert—

“e.

Iodine pentafluoride (CAS 7783-66-6).”;

(b) after entry 1C350.89., on a new line insert—

“90.	Dipropylamine (CAS 142-84-7).”;

(c) after entry 1C351.d.23., on a new line insert—

“24.

Neosaxitoxin (NEO);”.

(7) In the section headed “[2B] Test, Inspection and Production Equipment”—

(a) in entry 2B116.a., for “Vibration test systems employing feedback or closed loop techniques and incorporating a digital controller” substitute “‘Vibration test systems incorporating a digital controller’ and employing feedback or closed loop techniques”;

(b) after entry 2B116.a., on a new line, insert—

		“Technical note:
		In Item 2B116.a., 'vibration test systems incorporating a digital controller' are those systems, the functions of which are, partly or entirely, automatically controlled by stored and digitally coded electrical signals.”;

(c) in entry 2B209.b., for “400 mm” substitute “650 mm”;

(d) in paragraph 1 of the Technical Note to entry 2B228.c., for “400 mm” substitute “650 mm”;

(e) in entry 2B351, after “monitoring systems” insert “,”;

(f) in entry 2B351.a., for “at concentrations” substitute “with a ‘minimum detection limit’”;

(g) after entry 2B351.b., on a new line insert—

	“Technical Note:
	The 'minimum detection limit' of a toxic gas monitor or monitoring system is the lowest detectable concentration of the analyte required to produce a signal greater than three times the standard deviation of the toxic gas monitor’s or monitoring system’s signal when measuring a blank sample.
	In the case of toxic gas monitors or monitoring systems having a deadband or programmed zero suppression, the 'minimum detection limit' is the lowest detectable concentration required to produce a reading.”.

(8) In the section headed “[3A] Systems, Equipment and Components”—

(a) in entry 3A001.b.7.a., for “90” substitute “110”;

(b) in entry 3A001.b.7.b.1., for “90” substitute “110”;

(c) in entry 3A001.b.7.b.2., for “90” substitute “110”;

(d) in entry 3A001.b.7.c.2., for “31,62 mW (15 dBm) anywhere within the frequency range exceeding 43,5 GHz but not exceeding 90” substitute “100mW (20 dBm) anywhere within the frequency range exceeding 43.5 GHz but not exceeding 110”;

(e) in entry 3A001.b.7.c.3., for the words “To an output power” to “exceeding 110 GHz” substitute “Not used”;

(f) in entry 3A002.c.2.—

(i) for “150” substitute “160”;

(ii) for “90” substitute “110”;

(g) in entry 3A002.c.3., for “90” substitute “110”;

(h) in entry 3A002.c.4.a., for “170” substitute “520”;

(i) in entry 3A002.c.4.b.1., for “15” substitute “8”;

(j) in entry 3A002.c.4.b.2., for “15” substitute “8”;

(k) after entry 3A002.d.1.b., on a new line insert—

			“Technical Note:
			For the purposes of 3A002.d.1.a., 'pulse duration' is defined as the time interval from the point on the leading edge that is 50% of the pulse amplitude to the point on the trailing edge that is 50% of the pulse amplitude.”;

(l) in entry 3A002.d.2., for “90” substitute “110”;

(m) in entry 3A002.d.3.g., for “90” substitute “110”;

(n) in entry 3A002.d.4.a., for “90” substitute “110”;

(o) in entry 3A002.d.4.b., for “90” substitute “110”;

(p) in entry 3A002.d.6., for “90” substitute “110”;

(q) in Note 1 to entry 3A002.d., for “For the purpose of 3A002.d., signal generators include” substitute “3A002.d. includes”;

(r) for the Technical Notes to entry 3A002.d., substitute—

		“Technical Note:
		For the purposes of 3A002.d., the maximum output frequency of an arbitrary waveform or function generator is calculated by dividing the sample rate, in samples/second, by a factor of 2.5.”;

(s) in entry 3A002.e.1.—

(i) for “31,62” substitute “100”;

(ii) for “15” substitute “20”;

(iii) for “90” substitute “100”;

(t) for entry 3A002.e.2. substitute “2. Not used”.

(9) In the section headed “[3B] Test, Inspection and Production Equipment”—

(a) in entry 3B001.a.2., after “antimony,” insert “oxygen”;

(b) in paragraph 1 of the Technical Notes to entry 3B001.e.1., for “production” substitute ““production””.

(10) In the section headed “[3C] Materials”—

(a) in entry 3C001, after “Hetero-epitaxial materials” insert “, not specified in PL9013.b. in Schedule 3 to the Export Control Order 2008,”;

(b) in entry 3C003.a., for “better” substitute “greater (better)”;

(c) in entry 3C003.b., for “better” substitute “greater (better)”;

(d) in entry 3C004, for “better” substitute “greater (better)”.

(11) In the section headed “[5A1] Systems, Equipment and Components”, in entry 5A001.b.2.b., for “better” substitute “less (better)”.

(12) In the section headed “[5D1] Software”—

(a) in entry 5D001.e.—

(i) for “by” substitute “for”;

(ii) after “law enforcement” insert “purposes”;

(b) in entry 5D001.e.2. after “movement” insert “or location”.

(13) In the section headed “[5A2] Systems, Equipment and Components”—

(a) in entry 5A002.a., omit “where that cryptographic capability is usable, has been activated, or can be activated by any means other than secure “cryptographic activation”,”;

(b) in the Technical Notes to entry 5A002.a., in paragraph 1—

(i) for “and performs any cryptographic function” substitute “for a cryptographic function or capability that is usable or can be made usable,”;

(ii) for paragraph g. substitute—

“g.	Wireless “personal area network” functionality implementing only published or commercial cryptographic standards;
h.	Cryptographic operations specially designed for and limited to banking use or money transactions, including the collection and settlement of fares or credit functions;
i.	Key management in support of and limited to functions and capabilities described in paragraph a. to h. above; or
j.	Cryptographic functions or capabilities that have not been activated or enabled, and can only be activated or enabled by means of secure “cryptographic activation”.
	N.B.	For 'cryptographic activation token' items, see 5A002.b., 5D002.b. and 5E002.b.”;

(c) in Note 1.b. to entry 5A002.a.—

(i) for “cryptographic capability for data confidentiality specified in 5A002.a.” substitute “‘cryptography for data confidentiality’ having a ‘described security algorithm’”;

(ii) after “without” insert “secure”;

(d) in Note 2.a.1.a. to entry 5A002.a., for “cryptographic capability” insert “‘cryptography for data confidentiality’ having a ‘described security algorithm’”;

(e) for Note 2.a.1.a.1. to entry 5A002.a substitute—

“1.

It is restricted for use in equipment or systems to which 5A002.a. does not apply for reasons other than the Cryptography Note (Note 3 in Category 5 – Part 2); and”;”;

(f) in Note 2.a.1.b.3. to entry 5A002.a., for “cryptographic capability” substitute “‘cryptography for data confidentiality’ having a ‘described security algorithm’”;

(g) in Note 2.a.2. to entry 5A002.a., omit “specially designed or modified, and limited, for items specified by paragraph a.1. of this Note”;

(h) for Note 2.b. to entry 5A002.a. substitute—

“b.

Not used.”;

(i) for Note 2.c. to entry 5A002.a. substitute—

“c.	Portable or mobile radiotelophones designed for civil use, other than satellite telephones, that are not capable of any of the following:
	1.	Transmitting encrypted data directly to another radio telephone or equipment (other than Radio Access Network (RAN) equipment); or
	2.	Passing encrypted data through RAN equipment (e.g., Radio Network Controller (RNC) or Base Station Controller (BSC));”;

(j) in Note 2.e. to entry 5A002.a.—

(i) after “devices” insert “designed”;

(ii) from the words “that implement only” to the end, substitute—

“meeting all of the following:
1.	The non-customised devices satisfy the provisions of the Cryptography Note (Note 3 in Category 5 – Part 2); and
2.	The 'cryptography for data confidentiality' having a 'described security algorithm' of the non-customised devices is not affected by the customisation, and implements only published or commercial cryptographic standards;”;

(k) for Note 2.f. to entry 5A002.a. substitute—

“f.	Not used.
	N.B.	See paragraph g. of Technical Note 1 to 5A002.a. for items previously described in this Note 2.f.”;

(l) in Note 2.g. to entry 5A002.a., for “16” substitute “32”;

(m) in Note 2.h. to Note 2.j. to entry 5A002.a. for each instance of ““information security” functionality” substitute “‘cryptography for data confidentiality’ having a ‘described security algorithm’”;

(n) in Note 2.i.1. to entry 5A002.a., for “Uses” substitute “Implements”;

(o) in Note 2.i.2.b. to entry 5A002.a., for “that is not specified in 5D002;” substitute “to which 5D002 does not apply;”.

(14) In the section headed “[6A] Systems, Equipment and Components”—

(a) in entry 6A001.a.1.d., for “underwater” substitute “submersible”;

(b) in paragraph a. of the Note to entry 6A001.a.1.d.2., for “underwater” substitute “submersible”;

(c) in entry 6A001.a.2.a.4., for “better” substitute “greater (better)”;

(d) in entry 6A001.a.2.a.6., for “better” substitute “greater (better)”;

(e) in entry 6A001.a.2.b. omit the Technical Note;

(f) after entry 6A001.a.2.b.8. at the end, on a new line, insert—

				“Technical Note:
				For the purposes of 6A001.a.2.b., 'able to be modified' means having provisions to allow a change of the wiring or interconnections to alter hydrophone group spacing or operating depth limits. These provisions are: spare wiring exceeding 10% of the number of wires, hydrophone group spacing adjustment blocks or internal depth limiting devices that are adjustable or that control more than one hydrophone group.”;

(g) in entry 6A001.a.2.d.1., for “better” substitute “less (better)”;

(h) in entry 6A001.a.2.g.2., for “better” substitute “greater (better)”;

(i) in entry 6A001.b.1.b., for “better” substitute “less (better)”;

(j) in entry 6A001.b.2., for “better” substitute “less (better)”;

(k) in entry 6A002.a.2. omit the Technical Note;

(l) in entry 6A002.a.2.a.2.b., for “‘charge multiplication’” substitute ““charge multiplication””;

(m) in entry 6A002.a.2.c.2., for “‘charge multiplication’” substitute ““charge multiplication””;

(n) in Note 2.c. to entry 6A002.a.3., for “‘charge multiplication’” substitute ““charge multiplication””;

(o) in entry 6A002.a.3.a.2.b., for “‘charge multiplication’” substitute ““charge multiplication””;

(p) in entry 6A002.a.3.b.2.b., for “‘charge multiplication’” substitute ““charge multiplication””;

(q) in entry 6A002.a.3.g.2., for “‘charge multiplication’” substitute “‘charge multiplication’”;

(r) in paragraph 1 and 2 of the Note to entry 6A002.b.2.b, in both instances for “‘charge multiplication’” substitute ““charge multiplication””;

(s) in entry 6A003.a.3., for “better” substitute “less (better)”;

(t) in entry 6A005.f.3.a., for “less” substitute “less (better)”;

(u) in entry 6A005.g.2., for “better (less)” substitute “less (better)”;

(v) in entry 6A005.g.4., for “better (less)” substitute “less (better)”;

(w) in entry 6A006.a.1.a., for “lower” substitute “less”;

(x) in entry 6A006.a.1.b., for “lower” substitute “less”;

(y) in entry 6A006.a.2., for “lower” substitute “less”;

(z) in entry 6A006.a.3., for “lower” substitute “less”;

(z1) in entry 6A006.a.4., for “lower” substitute “less”;

(z2) in entry 6A006.a.5., for “lower” substitute “less”;

(z3) in entry 6A006.b., for “lower” substitute “less”;

(z4) in entry 6A006.c.2., for “lower” substitute “less”;

(z5) in entry 6A006.c.3., for “lower” substitute “less”.

(15) In the section headed “[6B] Test, Inspection and Production Equipment”, in entry 6B004.a. for “better” substitute “less (better)”.

(16) In the section headed “[6C] Materials”, for the Technical Notes to entry 6C005 substitute—

	“Note: 6C005.b. includes fibres assembled with end caps.
	Technical Note:
	For the purposes of 6C005.b, the core 'Numerical Aperture' ('NA') is measured at the emission wavelengths of the fibre.1.”;

(17) In the section headed “[6E] Technology”, in entry 6E003.a.2. for “better” substitute “less (better)”.

(18) In the section headed “[7A] Systems, Equipment and Components”—

(a) in the paragraph beginning with “NB: at the beginning” for “underwater” substitute “submersible”;

(b) for the Technical Note to entry 7A003.b., substitute—

“Note: 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.”.

(19) In the section headed “[8A] Systems, Equipment and Components”—

(a) in entry 8A002.a.4. omit the Technical Note;

(b) in entry 8A002.d.1., for “an underwater” substitute “a submersible”;

(c) in entry 8A002.o., after “reduction systems” insert “and related equipment”;

(d) in entry 8A002.o.2.d.—

(i) omit “shaft”;

(ii) for “material components and capable of transmitting more than 2 MW” substitute “shafts and designed to transmit power exceeding 10 MW”;

(e) in entry 8A002.o.3., after “reduction systems” insert “and related equipment”.

(20) In the section headed “[9A] Systems, Equipment and Components”—

(a) in entry 9A006.a., for “specially designed for use in space vehicles and capable of restricting” substitute “designed to restrict”;

(b) for entry 9A006.b. substitute—

“b.	Cryogenic containers or closed-cycle refrigeration systems, designed to maintain or produce temperatures less than or equal to 100 K (- 173.15° C);”.

(21) In the section headed “[9B] Test, Inspection and Production Equipment” in entry 9B010, for “production” substitute ““production””.

(22) In the section headed “[9D] Software” in the Note to entry 9D004.b., for “production” substitute ““production””.

(23) In the section headed “[9E] Technology”—

(a) in entry 9E001, omit “9A001.b.,”;

(b) in entry 9E002, omit “9A001.b.;”;

(c) in entry 9E003.f., for “high output diesel engines” substitute ““high output diesel engines””;

(d) in entry 9E003.g. for “‘high output diesel engines’” substitute ““high output diesel engines””;

(e) in entry 9E003.g. omit the Technical Note.

(1)

EUR 2009/428; relevant amending instruments are S.I. 2019/771, 2022/410, 2023/302, 695 and 1048.