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
Date: 2000-12-22
Institutions: Council of the European Union
Subjects: customs regulations, dual-use good, exchange of information, export monitoring, intra-EU trade, technology transfer

L 336/14

EN

Official Journal of the European Communities

30.12.2000

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

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof,

Article 1

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

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.

In order to enable the Member States and the EU to
comply with their intentional commitments, particularly
within the NSG (Nuclear Suppliers' Group) Category 0 as
defined in Annex I to Regulation (EC) No 1334/2000
(nuclear materials, facilities and equipment) was included
in its entirety in Annex IV (items requiring authorisation
for intra-Community transfer).

that

intra-Community
It has since become apparent
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 controls imposed
on such materials should therefore be abolished.

controls on transfers of

In the 1984 Dublin Declaration on common policy,
however, the Member States acknowledged the need for
intra-Community
goods
regarded as particularly sensitive in the context of
weapons non-proliferation. Controls on certain special
fissile materials under item 0C002 (separated plutonium
and ‘uranium enriched in the isotopes 235 or 233’ to
more than 20 %) should therefore remain in place.

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
chemical
form of metal,
compound or concentrate and any other material
containing one or more of the foregoing;

alloy,

— 0C002 “special fissile materials” other than those speci-

fied 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;

— 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

(5)

Regulation (EC) No 1334/2000 should be amended
accordingly,

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.

Done at Brussels, 22 December 2000.

For the Council

The President

C. PIERRET

(1) OJ L 159, 30.6.2000, p. 1.