2000/0401/CFSP: Council Joint Action of 22 June 2000 concerning the control of technical assistance related to certain military end-uses
Date: 2000-06-22
Institutions: Council of the European Union
Subjects: dual-use good, export monitoring, international sanctions, military equipment, technical cooperation, technology transfer

L 159/216

EN

Official Journal of the European Communities

30.6.2000

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

COUNCIL JOINT ACTION

of 22 June 2000

concerning the control of technical assistance related to certain military end-uses

(2000/401/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS JOINT ACTION:

Having regard to the Treaty on European Union, and in
particular Article 14 thereof,

Article 1

Whereas:

For the purpose of this Joint Action:

(1) On 22 June 2000 the Council adopted Regulation (EC)
No 1334/2000 (1) setting up a Community regime for the
control of exports of dual-use items and technology,
which provides an effective system of export controls of
dual-use items, including software and technology. That
Regulation,
in Article 4, contains inter alia provisions
concerning items not listed in Annex I which are or may
be intended for use in connection with weapons of mass
destruction or missiles for delivery of such weapons, or
in connection with military goods for countries subject
to EU, OSCE or UN arms embargoes.

(2) The commitments of the Member States of the European
Union regarding the non-proliferation of weapons of
mass destruction and the export of conventional military
goods to countries subject to arms embargoes require an
effective export control system which should also cover,
on the basis of common standards, technical assistance,
including oral transfers of technology required to be
controlled by the international export control regimes,
bodies and treaties for weapons of mass destruction and
missiles and for conventional military goods exported to
countries subject to arms embargoes of the above types.
It is appropriate to define such common standards in a
joint action,

(1) See page 1 of this Official Journal.

(a)

‘technical assistance’ means any technical support related
to repairs, development, manufacture, assembly, testing,
maintenance, or any other technical service, and may
take forms such as instruction, training, transmission of
working knowledge or skills or consulting services;

(b) ‘technical assistance’ includes oral forms of assistance;

(c)

‘international export control regimes, bodies and treaties’
means the Australia Group, Missile Technology Control
Regime, Nuclear Suppliers Group, Wassenaar Arrange-
ment, Zangger Committee and the Chemical Weapons
Convention.

Article 2

Technical assistance shall be subject to controls (prohibition
or an authorisation requirement) adopted pursuant to Article 5
where it is provided outside the European Community by a
natural or legal person established in the European Community
and is intended, or the provider is aware that it is intended, for
use in connection with the development, production, handling,
operation, maintenance, storage, detection, identification or
dissemination of chemical, biological or nuclear weapons or
other nuclear explosive devices or the development, pro-
duction, maintenance or storage of missiles capable of
delivering such weapons.

30.6.2000

EN

Official Journal of the European Communities

L 159/217

Article 3

Article 5

Member States shall consider the application of such controls
also in cases where the technical assistance relates to military
end-uses other than those referred to in Article 2 and is
provided in countries of destination subject
to an arms
embargo decided by a common position or joint action
adopted by the Council or a decision of the OSCE or an arms
embargo imposed by a binding resolution of the Security
Council of the United Nations.

Each Member State which has not yet included in its national
legislation or practices control provisions which implement
this Joint Action or determined the sanctions to be taken shall
bring forward appropriate proposals to:

(a)

implement this Joint Action through laying down control
provisions;

(b) determine the sanctions to be taken at national level.

Article 4

Article 6

Article 2 does not apply to ‘technical assistance’:

This Joint Action shall enter into force on the day of its
adoption.

(a) where it is provided in a country listed in Part 3 of Annex

II to Regulation (EC) No 1334/2000;

Article 7

(b) where it takes the form of transferring information that is
‘in the public domain’ or ‘basic scientific research’ as these
terms are respectively defined in the international export
control regimes, bodies and treaties; or

(c) where it is in oral form and not related to items required
to be controlled by one or more of the international export
control regimes, bodies and treaties.

This Joint Action shall be published in the Official Journal.

Done at Luxembourg, 22 June 2000.

For the Council

The President
J. SO´ CRATES