Regulation 2012/388 - Amendment of Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
Contents
official title
Regulation (EU) No 388/2012 of the European Parliament and of the Council of 19 April 2012 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| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2012/388 |
| Original proposal | COM(2010)509  |
| CELEX number i | 32012R0388 |
| Document | 19-04-2012 |
|---|---|
| Publication in Official Journal | 16-05-2012; Special edition in Croatian: Chapter 02 Volume 020,OJ L 129, 16.5.2012 |
| Effect | 15-06-2012; Entry into force Date pub. +30 See Art 2 |
| End of validity | 08-09-2021; Repealed by 32021R0821 |
16.5.2012 |
EN |
Official Journal of the European Union |
L 129/12 |
REGULATION (EU) No 388/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 April 2012
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 EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
Council Regulation (EC) No 428/2009 (2) requires dual-use items (including software and technology) to be subject to effective control when they are exported from or transit through the Union, or are delivered to a third country as a result of brokering services provided by a broker resident or established in the Union. |
(2) |
In order to enable Member States and the Union to comply with their international commitments, Annex I to Regulation (EC) No 428/2009 establishes the common list of dual-use items referred to in Article 3 of that Regulation, which implements internationally agreed dual-use controls. These commitments were undertaken within the context of participation in the Australia Group, the Missile Technology Control Regime, the Nuclear Suppliers Group, the Wassenaar Arrangement and the Chemical Weapons Convention. |
(3) |
Regulation (EC) No 428/2009 provides for the list set out in Annex I to be updated in conformity with the relevant obligations and commitments, and any modification thereof, that Member States have accepted as members of international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties. |
(4) |
Annex I to Regulation (EC) No 428/2009 should be amended in order to take account of changes agreed within the Australia Group, the Nuclear Suppliers Group, the Missile Technology Control Regime and the Wassenaar Arrangement, subsequent to the adoption of that Regulation. |
(5) |
In order to facilitate references for export control authorities and operators, an updated and consolidated version of Annex I to Regulation (EC) No 428/2009 should be published. |
(6) |
Regulation (EC) No 428/2009 should therefore be amended accordingly, |
HAVE ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 428/2009 shall be replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the thirtieth 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 Strasbourg, 19 April 2012.
For the European Parliament
The President
-
M.SCHULZ
For the Council
The President
-
M.BØDSKOV
-
Position of the European Parliament of 13 September 2011 (OJ C 7 E, 10.1.2012, p. 28) and position of the Council at first reading of 21 February 2012 (OJ C 107 E, 13.4.2012, p. 1). Position of the European Parliament of 29 March 2012 (not yet published in the Official Journal).
ANNEX
‘ANNEX I
List referred to in Article 3 of this Regulation
LIST OF DUAL-USE ITEMS
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).
CONTENTS
Notes
Acronyms and abbreviations
Definitions
Category 0 |
Nuclear materials, facilities and... |
More
This text has been adopted from EUR-Lex.
This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.
This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.
The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.
The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.