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"B COUNCIL REGULATION (EC) No 2889/2000
of 22 December 2000
amending Regulation (EC) No 1334/2000 with regard to intra-Community transfers and exports of
dual-use items and technology
(OJ L 336, 30.12.2000, p. 14)
Corrected by:
"C1 Corrigendum, OJ L 24, 26.1.2001, p. 36 (2889/2000)2000R2889 — EN — 04.01.2001 — 000.001 — 1
COUNCIL REGULATION (EC) No 2889/2000
of 22 December 2000
amending Regulation (EC) No 1334/2000 with regard to intra-Commu-
nity transfers and 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) Under Council Regulation (EC) No 1334/2000 of 22 June 2000 setting
up a Community regime for the control of exports of dual-use items
and technology (
1), dual-use items and technology should be subject to
effective control when they are exported from the Community.
(2) In order to enable the Member States and the EU to comply with their
"C1international commitments 3, particularly within the NSG
(Nuclear Suppliers’ Group) Category 0 as defined in Annex I toRegulation (EC) No 1334/2000 (nuclear materials, facilities and
equipment) was included in its entirety in Annex IV (items requiring
authorisation for intra-Community transfer).
(3) It has since become apparent that intra-Community controls on less
proliferation-sensitive nuclear materials under Regulation (EC) No
1334/2000 are hampering trade without improving the level of
protection already conferred by the Euratom Treaty. The controlsimposed on such materials should therefore be abolished.
(4) In the 1984 Dublin Declaration on common policy, however, the
Member States acknowledged the need for intra-Community controls
on transfers of goods regarded as particularly sensitive in the contextof weapons non-proliferation. Controls on certain special fissilematerials under item 0C002 (separated plutonium and ‘uranium
enriched in the isotopes 235 or 233’ to more than 20 %) should
therefore remain in place.
(5) Regulation (EC) No 1334/2000 should be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1334/2000 is amended as follows:
1. In Annex II, Part 2, after the first indent, the following indents shall be
inserted:
‘— 0C001 “natural uranium’’ or “depleted uranium’’ or thorium in the
form of metal, alloy, chemical compound or concentrate and any
other material containing one or more of the foregoing;
— 0C002 “special fissile materials’’ other than those specified in Annex
IV;
— 0D001 (software) and OE001 (technology) insofar as these relate to
0C001 or to those items of 0C002 that are excluded from Annex IV .’
2. In Annex IV , Part II, the words ‘All Category 0 of Annex I is included in
Annex IV’ shall be replaced by:
‘All Category 0 of Annex I is included in Annex IV , subject to the
following:
— 0C001: this item is not included in Annex IV;!B
(1) OJ L 159, 30.6.2000, p. 1.2000R2889 — EN — 04.01.2001 — 000.001 — 2
— 0C002: this item is not included in Annex IV , with the exception of
special fissile materials as follows:
(a) separated plutonium;
(b) “uranium enriched in the isotopes 235 or 233’’ to more than
20 %;
— 0D001 (software) and 0E001 (technology) are included in Annex IV
except insofar as these relate to 0C001 or to those items of 0C002
that are excluded from Annex IV .’
Article 2
This Regulation shall enter into force on the fifth day following that of its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B2000R2889 — EN — 04.01.2001 — 000.001 — 3