Explanatory Memorandum to COM(2004)339 - Amendment of and updating Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2004)339 - Amendment of and updating Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use ... |
|---|---|
| source | COM(2004)339  |
| date | 30-04-2004 |
To ensure that such controls are fully effective and comply with Member States' commitments at multilateral level, in accordance with Article 3 of Regulation (EC) No 1334/2000, an authorisation shall be required for the export of dual-use items listed in Annex I.
Article 11 of Regulation 1334/2000 provides that the lists of dual-use items set out in Annex I and Annex IV shall be updated in conformity with the relevant obligations and commitments, and any modification 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.
During the course of 2003, the Wassenaar Arrangement (WA), the Missile Technology Control Regime (MTCR) and the Australia Group (AG) have agreed on specific changes to their respective control lists. As a consequence, Annex I to the Regulation needs to be amended. After technical examination, the changes agreed upon in the above three regimes have been integrated into the amended versions of Annex I.
The changes in Annex II (deletion of Czech Republic, Hungary and Poland from the list of countries referred to in the General Community Export Authorisation) reflects the proposal made by the Commission (COM (2004) 148) to adjust Annex II of Regulation 1334/2000 in view of enlargement.
Annex III, which sets out a model form of export authorisation, remains unchanged but is being republished in order to facilitate consultation.
Annex IV, though unchanged, is also republished to ensure that a consolidated legislative document is easily accessible to all interested parties and economic actors.
For ease of reference, the changes made to Annex I are set out in table form below:
Contents
- Australia Group decisions 2002 and 2003 regarding Annex I, category 1 (materials, chemicals, micro organisms and toxins) and category 2 (materials processing)
- 1C351.c.14. and 15. // AG biological agents: 2 bacteria added (AG 2003 plenary decision)
- 1C353 Note
- 2B350.g. // AG components added to valves control (decision made by the AG in December 2002)
- 2B352.d. // AG chapeau revised and components added (decision made by AG in January 2003)
- CATEGORY 2
- CATEGORY 3
- 3A001.b.1. Note 1 // Sub-para. a. - parameter changed to 31.8 GHz
- 3A001.b.1. Note 2 // Sub-para. b.1. - parameter changed to 31.8 GHz
- 3A001.b.1.a.1. // Parameter changed to 31.8 GHz
- 3A001.b.2. // Existing entry rewritten
- 3A001.b.3. // Existing entry rewritten
- 3A001.b.4. // Existing entry rewritten
- 3A001.b.6. // Entry deleted
- 3A002.d. // Paragraph 1 amended
- 3B001.b.4. // Entry amended
- 3B001.d.1. // Sub-para. a. was modified and became part of paragraph 1
- 3B001.d.2. // Sub-para. a. was modified and became part of paragraph 2
- 3B001.h. // New Note added
- 3B002.a. // Parameter changed to 31.8 GHz
- 3B002.b. // Parameter changed to 667 MHz
- CATEGORY 3
- Technical Note replaced
- Sub-para. b. became part of the chapeau of the Note
- New Note added
- 3E003.g. // Parameter changed to 31.8 GHz
- 4.A.2. // Entry deleted
- New Technical Note added
- New Technical Note added
- New Technical Note added
- 5E001.c.4.b. // WA Parameter changed to 31.8 GHz
- CATEGORY 6
- 6A001.a.2.b.1. // WA Entry amended
- New Technical Note 2
- Paras. a. and b. rewritten and new para. c. added
- 6A005.b.4. // WA New entry
- CATEGORY 7
- 7A003.a. // WA Entry amended
- 7A003.c. // WA New entry, including sub-paras. 1 and 2
- CATEGORY 9
- 9A115.a. // MTCR Reference to 9004, 9A012 and 9A104 added
- 9A115.b. // MTCR Reference to 9004 and 9A104 added
- Commission proposal
Australia Group decisions 2002 and 2003 regarding Annex I, category 1 (materials, chemicals, micro organisms and toxins) and category 2 (materials processing)
1C350.a.43. & .44. // the sub-entries are switched to match the AG list
1C351.a.21.
| to 32 | AG biological agents: 12 viruses added in conformity with AG plenary 2003 |
1C352.a.16. & 17. // AG animal pathogens: 2 viruses added in conformity with inter-sessional decision of the AG (plenary June 2003)
// AG decontrol note added for certain genetic elements following a decision of the AG 2003 plenary (AG/Aug03/CL/Chair/17 revising document AG/Jun02/BW/Chair/51)
Wassenaar and MTCR 2003 decisions. Summary of changes to Annex I
Category 1, 2, 3, 4, 5, 6, 7, 9
CATEGORY 1
// Materials, chemicals, micro organisms
And toxins (except those mentioned above and listed in AG)
1A002 // [WA] defined term is actually 'specific tensile strength'
| 1A005 | WA new Nota Bene and Note 1 |
| 1B118 | MTCR chapeau and sub-head b |
| 1C111 | MTCR control on ferrocene and derivatives |
// Materials processing
| 2B001 | WA chapeau revised and new Note 3 |
| 2B002 | WA new control on |
2B006.b.2.Note // WA ' (e.g. laser light)' added after light
| 2D002 | WA new Note 2 |
| Table of Deposition Techniques Note 17 | WA new wording added to end of |
//
Electronics
Note 1 deleted; Existing Note 2 renumbered Note 1
New Notes 2 and 3 added
New Note added
New Nota Bene added
New Notes 1 and 2 added
New paragraph 2 added
Existing paras. 2 and 3 renumbered 3 and 4
New Technical Note added for pulse duration
| 3A003 | New entry added for spray cooling thermal management |
3B001.a. // 'Stored programme controlled' deleted
3B001.a.1. // Existing entry rewritten, including new sub-paras. a. and b.
3B001.b. // 'Stored programme controlled' deleted
3B001.c. // 'Stored programme controlled' deleted
3B001.d. // 'Stored programme controlled' deleted
Sub-para. b. deleted
Sub-para. b. deleted
3B001.e. // 'Stored programme controlled' deleted
3B001.f. // 'Stored programme controlled' deleted
3B002.b.
| Tech Note | The article |
Continued
// Electronics (continued)
| 3D002 | Existing entry |
| 3D003 | Existing entry replaced with entry for physics-based simulation |
Note 1 deleted, Note 2 renamed just Note
| 3D004 | New |
| 3E001 | New Note 1 added, former Note becoming Note |
3E001 Note 2 // Sub-para. a. deleted;
3E003.b. // Entry rewritten;
CATEGORY 4
// Computers
CATEGORY 5
// Telecommunications and Information security
Category 5 - Part 1 //
| 5A101 | MTCR |
5B001.b. // WA 'Stored programme controlled' deleted
5B001.b.1. // WA 'Asynchronous Transfer Mode' deleted from text and parameter changed to 15 Gbit/s;
5D001.d. // WA 'Stored programme controlled' deleted
5D001.d.1. // 'Asynchronous Transfer Mode' deleted from text and parameter changed to 15 Gbit/s;
5E001.c. // WA 'Stored programme controlled' deleted
5E001.c.1. // WA 'Asynchronous Transfer Mode' deleted from text and parameter changed to 15 Gbit/s;
Category 5 - Part 2 //
5A002.a.7. // Control removed, sub-head now 'not used'
// Sensors and lasers
6A001.a.2.b.2.
| Technical Note | WA Reference adjusted to refer to |
6A003.b.1. // WA Any of the following changed to having all of the following;
New chapeau a. added;
Sub-paras. a., b., c. renumbered 1., 2. 3.;
New paragraph b. added;
6A005.b. // WA [Leave Notes 1 and 2 where they are rather than move to chapeau?]
6A005.b.2. // WA All of the following changed to any of the following;
6A005.b.3. // WA Entry rewritten, including new para. c.
6A005.b.
| Technical Note | WA New Technical Notes 2 and 3 |
6A006.a. // WA Entry amended to include triaxial fluxgate
6A108.b. // MTCR local definition for missiles added
| 6D103 | MTCR local definition for |
6E003.c. // WA Entry amended to refer to non-triaxial fluxgate twice
// Navigation and avionics
| 7A | WA |
7A003.
| Notes | WA New Note |
// Propulsion systems, space vehicles and related equipment
| 9A115 | MTCR Reference to 9004 and 9A104 removed from the |
It is proposed that the entry into force of the changes to Annex I will take place ninety days after the publication of the Regulation in the Official Journal of the European Union. This delay is longer than in the recent past because more time will be needed for the future EU Member States to adjust to this new list which will bind them by May 2004 (most of the future EU Member States are not members of the export control regimes and their candidacies to all the regimes will be under examination by the regimes this year. Certain of the future EU MS have not finalised the translation of the Regulation (EC) N 149/2003, in particular Malta which has never translated into Maltese language these export control lists). The delay of 90 days has been chosen because it was also granted to the Member States at the time of adoption of Regulation 1334/2000 in June 2000 to enable them to adjust to the new situation.
The changes to part 3 of Annex II (which lists the countries to which EC exports are covered by the Community General Export Authorisation) have already been the subject of a Commission proposal (COM (2004) (148) final) amending Regulation (EC) No 1334/2000. This Regulation should be adopted by the Council prior to 1 May 2004. However, given that the number of this Regulation is not known at the time of preparation of this new proposal, it is left empty and will be filled in by the Council Secretariat at the time when it is transmitted to the Council for adoption.
In the light of the above considerations it is necessary to replace Annex I to Regulation (EC) n° 1334/2000.