Council Regulation (EC) No 1504/2004 of 19 July 2004 amending and updating Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology
| Published date | 31 August 2004 |
| Subject Matter | Customs procedures,Free movement of goods,Commercial policy |
| Official Gazette Publication | Official Journal of the European Union, L 281, 31 August 2004 |
| 31.8.2004 | EN | Official Journal of the European Union | L 281/1 |
COUNCIL REGULATION (EC) No 1504/2004
of 19 July 2004
amending and updating Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
| (1) | Council Regulation (EC) No 1334/2000 (1) requires dual-use items (including software and technology) to be subject to effective control when they are exported from the Community. |
| (2) | In order to enable the Member States and the Community to comply with their international commitments, Annex I to Regulation (EC) No 1334/2000 establishes the common list of dual-use items and technology referred to in Article 3 of that Regulation, which implements internationally agreed dual-use controls, including the Wassenaar Arrangement, the Missile Technology Control Regime (MTCR), the Nuclear Suppliers Group (NSG), the Australia Group and the Chemical Weapons Convention (CWC). |
| (3) | Article 11 of Regulation (EC) No 1334/2000 provides for Annex I and Annex IV to be updated in conformity with the relevant obligations and commitments, and any modifications thereof that each Member State has accepted as a member of the international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties. |
| (4) | Annex I to Regulation (EC) No 1334/2000 should be amended in order to take account of changes adopted by the Wassenaar Arrangement, the Australia Group and the Missile Technology Control Regime subsequent to the amendments made by Regulation No 149/2003 (2) on 27 January 2003. |
| (5) | Council Regulation (EC) No 885/2004 amended Part 3 of Annex II to Regulation (EC) No 1334/2000 in order to delete the Czech Republic, Hungary and Poland from the current list of countries for which the Community Export Authorisation applies. |
| (6) | For ease of reference for export control authorities and operators, it is necessary to publish an updated and consolidated version of the Annexes to Regulation (EC) No 1334/2000, taking into account all the amendments accepted by the Member States in international forums during the period covering December 2002 to December 2003. |
| (7) | Regulation (EC) No 1334/2000 should be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
The Annexes to Regulation (EC) No 1334/2000 shall be replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 30th day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 July 2004.
For the Council
The President
P. H. DONNER
(1) OJ L 159, 30.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 885/2004 (OJ L 168, 1.5.2004, p. 1).
(2) OJ L 30, 5.2.2003, p. 1.
ANNEX I
LIST OF DUAL-USE ITEMS AND TECHNOLOGY
(referred to in Article 3 of Regulation (EC) No 1334/2000)
This list implements internationally agreed dual-use controls including the Wassenaar Arrangement, the Missile Technology Control Regime (MTCR), the Nuclear Suppliers' Group (NSG), the Australia Group and the Chemical Weapons Convention (CWC). No account has been taken of any items that Member States wish to place on an exclusion list. No account has been taken of any national controls (non-regime origin controls) that may be maintained by Member States.
GENERAL NOTES TO ANNEX I
| 1. | For control of goods which are designed or modified for military use, see the relevant list(s) of controls on military goods maintained by individual Member States. References in this Annex that state "SEE ALSO MILITARY GOODS CONTROLS" refer to the same lists. |
| 2. | The object of the controls contained in this Annex should not be defeated by the export of any non-controlled goods (including plant) containing one or more controlled components when the controlled component or components are the principal element of the goods and can feasibly be removed or used for other purposes. N.B.: In judging whether the controlled component or components are to be considered the principal element, it is necessary to weigh the factors of quantity, value and technological know-how involved and other special circumstances which might establish the controlled component or components as the principal element of the goods being procured. |
| 3. | Goods specified in this Annex include both new and used goods. |
NUCLEAR TECHNOLOGY NOTE (NTN)
(To be read in conjunction with section E of Category 0)
The "technology" directly associated with any goods controlled in Category 0 is controlled according to the provisions of Category 0.
"Technology" for the "development", "production" or "use" of goods under control remains under control even when applicable to non-controlled goods.
The approval of goods for export also authorizes the export to the same end-user of the minimum "technology" required for the installation, operation, maintenance and repair of the goods.
Controls on "technology" transfer do not apply to information "in the public domain" or to "basic scientific research".
GENERAL TECHNOLOGY NOTE (GTN)
(To be read in conjunction with section E of Categories 1 to 9)
The export of "technology" which is "required" for the "development", "production" or "use" of goods controlled in Categories 1 to 9, is controlled according to the provisions of Categories 1 to 9.
"Technology""required" for the "development", "production" or "use" of goods under control remains under control even when applicable to non-controlled goods.
Controls do not apply to that "technology" which is the minimum necessary for the installation , operation, maintenance (checking) and repair of those goods which are not controlled or whose export has been authorised.
N.B.: This does not release such "technology" specified in 1E002.e., 1E002.f., 8E002.a. and 8E002.b.
Controls on "technology" transfer do not apply to information "in the public domain", to "basic scientific research" or to the minimum necessary information for patent applications.
GENERAL SOFTWARE NOTE (GSN)
(This note overrides any control within section D of Categories 0 to 9)
Categories 0 to 9 of this list do not control "software" which is either:
| a. | Generally available to the public by being:
|
| b. | "In the public domain". |
EDITORIAL PRACTICES
In accordance with the rules set out in paragraph 101 on page 86 of the interinstitutional style guide (1997 edition), for texts in English published in the Official Journal of the European Communities:
| — | a comma is used to separate the whole number from the decimals, |
| — | whole numbers are presented in series of three, each series being separated by a thin space. |
DEFINITIONS OF TERMS USED IN THIS ANNEX
Definitions of terms between ‧single quotation marks‧ are given in a Technical Note to the relevant item.
Definitions of terms between "double quotation marks" are as follows:
N.B.: Category references are given in brackets after the defined term.
| "Accuracy" (2 6), usually measured in terms of inaccuracy, means the maximum deviation, positive or negative, of an indicated value from an accepted standard or true value. |
| "Active flight control systems" (7) are systems that function to prevent undesirable "aircraft" and missile motions or structural loads by autonomously processing outputs from multiple sensors and then providing necessary preventive commands to effect automatic control. |
| "Active pixel" (6 8) is a minimum (single) element of the solid state array which has a photoelectric transfer function when exposed to light (electromagnetic) radiation. |
| "Adapted for use in war" (1) means any modification or selection (such as altering purity, shelf life, virulence, dissemination characteristics, or resistence to UV radiation) designed to increase the effectiveness in producing casualties in humans or animals, degrading equipment or damaging crops or the environment. |
| "Aircraft" (1 7 9) means a fixed wing, swivel wing, rotary wing (helicopter), tilt rotor or tilt-wing airborne vehicle. N.B.: See also "civil aircraft". |
| "All compensations available" (2) means after all feasible measures available to the manufacturer to minimise all systematic positioning errors for the particular machine-tool model are considered. |
| "Allocated by the ITU" (3 5) means the allocation of frequency bands according to the ITU Radio Regulations (Edition 1998) for primary, permitted and secondary services. N.B.: Additional and alternative allocations are not included. |
| "Angular position deviation" (2) means the maximum difference between angular position and the actual, very accurately measured angular position after the workpiece mount of the table has been turned out of its initial position (ref. VDI/VDE 2617, Draft: ‧Rotary tables on coordinate measuring machines‧). |
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