Information note

Council Regulation (EC) No 1334/2000, as last amended by Regulation (EC) No 149/2003: Information on measures adopted by Member States in conformity with Articles 5, 6, 13 and 21

(2003/C 273/02)

Articles 5, 6, 13 and 21 of Council Regulation (EC) No 1334/2000 foresee that certain Member State measures concerning the implementation of the Regulation should be published in the Official Journal of the European Union.

I. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 5-4 OF THE REGULATION.

Article 5(4) of the Regulation stipulates that the Commission should publish the measures taken by the Member States to prohibit or impose an authorisation requirement on exports of dual-use items which are not listed in the annexes of the Regulation for reasons of public security or human rights.

Only Germany, France and United Kingdom have adopted such measures. More precisely,

1. France

France has adopted national controls on exports of civilian helicopters and tear gas to non-member countries. The relevant provisions are set out in two notices to exporters (see below):

- Notice to exporters of certain helicopters and spare parts to non-member countries, published in the French Official Journal of 18 March 1995;

- Notice to exporters concerning exports of tear gas and riot control agents to non-member countries, published in the French Official Journal of 28 June 1995.

A. NOTICE TO EXPORTERS OF CERTAIN TYPES OF HELICOPTER AND THEIR SPARE PARTS TO THIRD COUNTRIES

(Version published in the French Official Journal of 18 March 1995)

1. Export to States which are not members of the European Community of any type of helicopter and spare parts coming under tariff heading 88.03 is subject to an authorisation issued under the arrangements laid down by the Decree of 30 November 1944 defining the conditions for importation into France and the overseas territories of foreign goods and the conditions for export or reexport of goods from France or the overseas territories to other countries, and by the Decree of 30 January 1967 on imports of goods into France and exports of goods from France.

Applications for export authorisations on form 02 (Cerfa No 30-0395) must be accompanied by the following documents:

- pro forma invoice in duplicate;

- technical documentation.

Applications must be sent to the Ministry for the Budget, Directorate-General for Customs and Indirect Taxation (Setice), 8, rue de la Tour-des-Dames, F-75036 Paris Cedex 09.

2. Paragraph 1 does not apply to helicopters and their spare parts whose export without authorisation under any customs procedure is prohibited by Article 13 of the Decree-Law of 18 April 1939 defining the arrangements covering military equipment, arms and munitions. The equipment in question forms part of air armaments covered by Article 1 of the Decree of 20 November 1995, as amended, listing military equipment and similar equipment subject to a special export procedure and by its implementing provisions.

3. The following are hereby repealed:

- The provisions of schedule A of the Notice to exporters on goods which are prohibited from being exported (subject to submission of authorisation 02) of 24 November 1964 on goods known as "ex 88.03 parts and spare parts of goods covered by heading 88.01 and 88.02, etc." and the provisions of the Notices amending this Notice in respect of goods covered by tariff heading 88.03;

- Notice to exporters on products which are prohibited from being exported of 30 September 1988.

B. NOTICE TO EXPORTERS ON THE EXPORT OF TEAR GAS AND RIOT CONTROL AGENTS TO THIRD COUNTRIES

(Version published in the French Official Journal of 28 June 1995)

1. Export to States which are not members of the European Community of tear gas, riot control agents and related products, equipment or technology listed in paragraph 2 is subject to an authorisation issued under the arrangements laid down by the Decree of 30 November 1944 defining the conditions for importation into France and the overseas territories of foreign goods and the conditions for export and reexport of goods from France or the overseas territories to other countries, and by the Decree of 30 January 1967 on imports of goods into France and exports of goods from France.

Applications for export authorisations on form 02 must be accompanied by the following documents:

- pro forma invoice in duplicate;

- where appropriate, technical documentation.

They should be sent to the Directorate-General for Customs and Indirect Taxation (Setice), 8, rue de la Tour-des-Dames, F-75036 Paris Cedex 09.

2. The goods covered by this Notice are:

(a) chloroacetophenone (CN) (532-27-4);

(b) bromobenzenecyanide (CA) (16532-79-9);

(c) chlorobenzylidenemalononitrile (CS) (2698-41-1);

(d) dibenz (b, f)-1,4-ozazepine (CR) (12770-99-9);

(e) solutions containing:

- more than 3 % CN, CS, CA or mixtures thereof;

- more than 1 % CR;

- other lacrymatory or irritant substances with a neutralising effect in any percentage;

NB:

The amounts indicated are calculated by mass in relation to all constituents of the solution.

(f) aerosol dispensers containing the solutions referred to in (e) which are used in riot control;

(g) production technologies for the substances, solutions and aerosol dispensers referred to above.

3. The following are excluded from this Notice:

(a) tear gas dispensers designed for personal defence;

(b) grenades with an exclusive lacrymatory effect whose export is subject to the provisions of Articles 1 and 2 of Law No 70-575 of 3 July 1970 reforming the rules governing powders and explosives;

(c) grenades possessing, in addition to a lacrymatory effect, a special incapacitating or neutralising effect, whose export is subject to the provisions of Article 13 of the Decree-Law of 18 April 1939 defining the rules governing military equipment.

2. Germany

The following paragraphs of the Regulation "AWV" (Außenwirtschaftsverordnung), (Foreign Trade and Payment Regulation), adopted on 18 December 1986, (details of the law can be accessed via the internet at the following address: http://www.ausfuhrkontrolle.info/ vorschriften/awv_auszug.htm) are relevant for the implementation of Article 5(4) of the Regulation:

(a) § 5 para. 2 Foreign Trade and Payments Regulation (AWV) in connection with certain items that are only controlled on a national basis;

(b) § 5 c Foreign Trade and Payments Regulation (AWV);

(c) § 5 d Foreign Trade and Payments Regulation (AWV);

(d) § 69 a para. 1(1), para 2(1-4) Foreign Trade and Payments Regulation (AWV);

(e) § 2 para. 2 Foreign Trade and Payments Law (AWG).

3. United Kingdom

Details regarding the implementation of Article 5 of the Regulation have been published in the Dual-Use Items (Export Control) Regulations 2000, as amended, (S.I. 2000/No 2620) and can be accessed via the DTI website at: http://www.dti.gov.uk/ export.control

II. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 5 (NATIONAL AUTHORITIES EMPOWERED TO GRANT EXPORT LICENCES IN THE MEMBER STATES)

This information is available and regularly updated on DG TRADE website:

http://europa.eu.int/comm/trade/ issues/sectoral/industry/dualuse/ contacts.htm

1. Austria

Ministry for Economic Affairs and Labour, Landstraßer Hauptstraße 55-57, A - 1030 Wien, Tel. (43-1) 711 00 83 58, Fax (43-1) 711 00 83 66. Website: www.bmwa.gv.at

2. Belgium

Ministère des Affaires économiques, Administration des Relations économiques (ARE), Service Licences, Rue Général Leman 60, B - 1040 Bruxelles, Tel. (32-2) 206 58 05, Fax (32-2) 230 96 24, E-mail: michel.moreels@mineco.fgov.be Website: www.mineco.fgov.be

3. Denmark

Agency for Enterprise and Housing, Langelinie Allé 17, DK - 2100 Copenhagen Ø. Tel. (45) 35 46 62 95, Website: www.efs.dk

4. Finland

Below can be found the details of the different competent authorities depending on the nature of the dual-use item concerned. Competent Finnish authorities empowered to issue export authorisations for dual-use goods:

For all Annex I goods except Category 0:

Ministry for Foreign Affairs, Department for External Economic Relations, PO Box 176, FIN - 00161 Helsinki, Tel. (358-9) 16 05 54 87 or 16 05 54 89, Fax (358-9) 16 05 50 70.

For Category 0 goods:

Ministry of Trade and Industry, Energy Department, PO Box 32, FIN - 00023 Government, Tel. (358-9) 160 01, Fax (358-9) 16 06 26 64, E-mail: ydinenergia@ktm.fi

or

Radiation and Nuclear Safety Authority (STUK), PO Box 14, FIN - 00881 Helsinki, Tel. (358-9) 75 98 81, Fax (358-9) 75 98 83 82, E-mail: stuk@stuk.fi Website: www.vn.fi/ktm/vientiv

5. France

Direction générale des douanes et droits indirects, Service des titres du commerce extérieur (Setice), 8, rue de la Tour-des-Dames, F - 75436 Paris Cedex 09. Website: www.douane.gouv.fr

6. Germany

Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA) (Federal Office of Economics and Export Control), Frankfurter Straße 29-35, D - 65760 Eschborn. Website: www.bafa.de

7. Greece

The Ministry of Economy and Finance, General Directorate for Planning and Implementation, Directorate of International Economic Issues, Kornarou 1, GR - 105 63 Athens. Director A. Bartzi: Tel. (302-10) 328 60 21; Fax (302-10) 328 60 94. Head of Export Issues Div., A. Iglessis: Tel. (302-10) 328 60 51, Fax (302-10) 328 60 59. Desk Officer for Exports: H. Kondyli, Tel. (302-10) 328 60 57, Fax (302-10) 328 60 59, E-mail: e3c@mnec.gr

8. Ireland

The Department of Enterprise, Trade and Employment, Earlsfort Centre, Hatch Street, Dublin 2, Ireland. Website: www.entemp.ie

9. Italy

Ministero delle attivita produttive, direzione generale politica commerciale - Dr. Aldo Doria, Viale Boston, 25, I - 00144 Roma, Tel. (39-06) 59 93 25 68, Fax (39-06) 59 64 75 06, E-mail: polcom4@mincomes.it

10. Luxembourg

Ministère des affaires étrangères et du commerce extérieur, Office des licences, BP 113, L - 2011 Luxembourg, www.mae.lu

11. Netherlands

"Central Import and Export Service" on behalf of the Ministry of Economic Affairs - "Belastingdienst/Douane centrale dienst voor de in- en uitvoer". Postbus 30003, 9700 RD Groningen, The Nederlands. Website: www.ez.nl

12. Portugal

Direcção Geral das Alfândegas e dos Impostos Especiais sobre o Consumo (General Directorate of Customs and Excises), Rua Terreiro do Trigo, P - 1049-060 Lisboa.

13. Spain

The General Secretariat for Foreign Trade (Secretaría General de Comercio Exterior), the Customs Department and the Foreign Office Ministry are the authorities empowered for granting licences. Contact point in the Licensing office: Mr Antonio Segura Álvarez, Ministerio de Economía, Paseo de la Castellana, 162, 7a, E-28046 Madrid, Tel. (34) 915 83 52 84, Fax (34) 915 83 56 19,

E-mail: Antonio.Segura@SSCC.MCX.ES

Website: http://www.mcx.es/sgcomex/mddu/

14. Sweden

National Inspectorate of Strategic Products, Klarabergsviadukten 90, PO Box 702 52, S - 107 22 Stockholm. Website: www.isp.se

15. United Kingdom

Department of Trade and Industry, Export Control Organisation, 4, Abbey Orchard Street, London, SW1P 2HT. Contact Point: Mr Melvyn Tomkins. Tel. (44-207) 215 05 85, Fax (44-207) 215 05 72, E-mail: melvyn.tomkins@dti.gsi.gov.uk Website: www.dti.gov.uk/export.control

III. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 13 OF THE REGULATION

Article 13 stipulates that Member States should inform the Commission if they have availed themselves of the option to have customs formalities for the exports of dual-use items completed only at custom offices empowered to that end.

No Member State has made use of this option.

IV. INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 21 OF THE REGULATION

Article 21(2)(d) stipulates that Member States imposing an authorisation requirement for the transfer from its territory to another Member State of items not listed in Annex IV of the Regulation (Annex IV lists items which do not benefit of the freedom of circulation in the single market), should inform the Commission which in turn should publish this information in the Official Journal of the European Union.

Only France, Germany and UK have notified the Commission of such measures. More specifically,

1. France

A licence is required for intra-Community transfers of dual-use items listed in Annex IV to the Regulation. Special formalities apply to the transfer of cryptographic items listed in Category 5, Part 2 of Annex I to the Regulation (see Article 18 of the Order of 13 December 2001 on the control of exports to third countries and the transfer to Member States of the European Community of dual-use items and technology).

2. Germany

The following paragraphs of the Regulation "AWV" (Außenwirtschaftsverordnung), (Foreign Trade and Payment Regulation), adopted on 18 December 1986, (details of the law can be accessed via the internet at the following address:

http://www.ausfuhrkontrolle.info/ vorschriften/awv_auszug.htm) are relevant:

- § 7 para. 2 Foreign Trade and Payments Regulation (AWV);

- § 7 para. 3 Foreign Trade and Payments Regulation (AWV);

- § 7 para. 4 Foreign Trade and Payments Regulation (AWV);

- § 69 a, para. 1 (2), para. 2 (5) Foreign Trade and Payments Regulation (AWV);

- § 2 para. 2 Foreign Trade and Payments Law (AWG).

3. United Kingdom

"The Dual-Use Items (Export Control) Regulations 2000", as amended, (S.I. 2000/No 2620) is the relevant legislation and can be accessed via the DTI website at: http://www.dti.gov.uk/ export.control