98/232/CFSP: Council Decision of 16 March 1998 amending Decision 94/942/CFSP on the joint action adopted by the Council on the basis of Article J.3 of the Treaty on European Union concerning the control of exports of dual-use goods
Date: 1998-03-16
Institutions: Council of the European Union
Subjects: customs regulations, dual-use good, electronic component, export monitoring, joint action, nuclear technology

25.3.98

EN

Official  Journal  of  the  European  Communities

L 92/1

(Acts  adopted  pursuant  to  Title  V  of  the  Treaty  on  European  Union)

COUNCIL  DECISION

of  16  March  1998

amending  Decision  94/942/CFSP  on  the  joint  action  adopted  by  the  Council  on  the  basis  of
Article  J.3  of  the  Treaty  on  European  Union  concerning  the  control  of  exports  of  dual-use
goods

(98/232/CFSP)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  on  European  Union,  and  in  particular  Article  J.3  thereof,

Having  regard  to  the  general  guidelines  given  by  the  European  Council  at  Lisbon  on  26  and
27  June  1992,

Having  regard  to  Decision  94/942/CFSP (1),

Whereas  Annex  I  to  Decision  94/942/CFSP  should  be  updated  in  order  to  take  into  account
developments  in  the  Wassenaar  Arrangement  and  in  the  Nuclear  Suppliers’  Group,

HAS  DECIDED  AS  FOLLOWS:

Article  1

The list of dual-use goods in Annex I to Decision 94/942/CFSP, referred to in Article 2 of that
Decision  and  in  Article  3(1)  of  Council  Regulation  (EC)  No  3381/94  of  19  December  1994
setting  up  a  Community  regime  for  the  control  of  exports  of  dual-use  goods (2),  shall  be
amended  in  accordance  with  the  Annex  hereto.

This  Decision  shall  be  published  in  the  Official  Journal.

Article  2

This  Decision  shall  enter  into  force  on  the  day  of  its  publication.

It  shall  apply  from  the  thirtieth  day  following  the  date  of  its  publication.

Article  3

Done  at  Brussels,  16  March  1998.

For  the  Council

The  President

J.  CUNNINGHAM

(1) OJ  L  367,  31.12.1994,  p.  8.  Decision  as  last  amended  by  Decision  98/106/CFSP  (OJ  L  32,  6.2.1998,

p.  1).

(2) OJ  L  367,  31.12.1994,  p.  1.  Regulation  as  amended  by  Regulation  (EC)  No  837/95  (OJ  L  90,

21.4.1995,  p.  1).

L 92/2

EN

Official  Journal  of  the  European  Communities

25.3.98

ANNEX

The list of dual-use goods in Annex I to Decision 94/942/CFSP, as last amended by Decision 98/106/CFSP,
shall  be  amended  as  follows:

1. Under  the  heading  ‘Definitions  of  terms  in  this  Annex’:

— the  following  definition  is  inserted  between  ‘camming’  and  ‘CE’:

‘Carbon fibre preforms’ (1) means an ordered arrangement of uncoated or coated fibres intended to
constitute  a  framework  of  a  part  before  the  ‘matrix’  is  introduced  to  form  a  ‘composite’.;

— for  the  definition  ‘personalized  smart  card’  the  following  is  substituted:

‘Personalized  smart  card’  (5)  means  a  smart  card  containing  a  microcircuit  which  has  been
programmed for a specific application and cannot be reprogrammed for any other application by the
user.

2. Under  the  heading  ‘Category  0  —  Nuclear  materials,  facilities  and  equipment’  the  following  is

amended:

0C004

For  this  entry,  substitute  the  follwing:

‘0C004 Graphite,  nuclear-grade,  having  a  purity  level  of  less  than  5  parts  per  million  “boron

equivalent”  and  with  a  density  greater  than  1,5  g/cm3.

Note: 1. 0C004  does  not  control  the  following:

a. manufactures of graphite having a mass less than 1 kg, other than those specially

designed  or  prepared  for  use  in  a  nuclear  reactor;

b. graphite  powder.

Note 2:

In  0C004,  “boron  equivalent”  (BE)  is  defined  as  the  sum  of  BEZ  for  impurities
(excluding  BEcarbon since  carbon  is  not  considered  an  impurity)  including  boron,
where:

BEZ (ppm)  =  CF  ×  Concentration  of  element  Z  in  ppm;

where  CF  is  the  conversion  factor  = 

(cid:243)
(cid:243)

Z AB
B AZ

B  and  (cid:243)

and  (cid:243)
Z  are  the  thermal  neutron  capture  cross  sections  (in  barns)  for
naturally occurring boron and element Z respectively; and AB  and AZ  are the atomic
masses  of  naturally  occurring  boron  and  element  Z  respectively.’

3. Under  ‘Category  2  —  Materials  processing’:

2B002

This  entry  is  deleted.

4. Under  ‘Category  4  —  Computers’:

4A003.b

The  words  ‘exceeding  710  million’  are  replaced  by  ‘exceeding  2000  million’.

5. Under  ‘Category  9  —  Propulsion  systems,  space  vehicles  and  related  equipment’:

9A003

The words ‘for gas turbine engine propulsion systems, as follows:’ are replaced by ‘for the following gas
turbine  engine  propulsion  systems:’.

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L 92/3

9D001

The words ‘“Software” required for the’ are replaced by ‘“Software” specially designed or modified for
the’.

9D002

The words ‘“Software” required for the’ are replaced by ‘“Software” specially designed or modified for
the’.

9D003

The words ‘“Software” required for the’ are replaced by ‘“Software” specially designed or modified for
the’.