Proposal for a Council Regulation amending Regulation (EC) No 1334/2000 with regard to intra-Community transfers and exports of dual-use items and technology (COM(2000) 766 final — 2000/0300(ACC)) (Text with EEA relevance)
Date: 2001-03-27
Institutions: European Commission
Subjects: carriage of goods, dual-use good, export monitoring, intra-EU transport, radioactive materials

C 96 E/242

EN

Official Journal of the European Communities

27.3.2001

Proposal for a Council Regulation amending Regulation (EC) No 1334/2000 with regard to intra-
Community transfers and exports of dual-use items and technology

(2001/C 96 E/15)

(Text with EEA relevance)

COM(2000) 766 final (cid:151) 2000/0300(ACC)

(Submitted by the Commission on 28 November 2000)

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

Regulation (EC) No 1334/2000 is amended as follows:

Having regard to the proposal from the Commission,

1. The following three indents are inserted in Part 2 of Annex

II after the first indent:

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.

(cid:145)(cid:151) 0C001: (cid:147)natural uranium(cid:148) or (cid:147)depleted uranium(cid:148) or
thorium in the
chemical
form of metal,
compound or concentrate and any other material
containing one or more of the foregoing;

alloy,

(cid:151) 0C002:

(cid:147)special

fissile materials(cid:148) other

than those

specified in Annex IV;

(2) In order to enable the Member States and the EU to
comply with their international commitments, particularly
within the NSG (Nuclear Suppliers’ Group) Category 0 as
defined in Annex I to that Regulation (nuclear materials,
facilities and equipment) was included in its entirety in
Annex
intra-
Community transfer).

authorisation for

IV (items

requiring

(3) It has

that

since become apparent

intra-Community
controls on non-sensitive nuclear materials under Regu-
lation (EC) No 1334/2000 are hampering trade without
improving the level of protection already conferred by
imposed on such
the Euratom Treaty. The controls
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
context of weapons
as particularly sensitive
non-proliferation. Controls on certain special
fissile
materials under item 0C002 (separated plutonium and
(cid:145)uranium enriched in the isotopes 235 or 233(cid:146) to more
than 20 %) should therefore remain in place.

in the

(cid:151) 0D001 (software) and 0E001 (technology)

(cid:147)depleted uranium(cid:148) or

insofar as
they relate to materials of 0C001 ((cid:147)natural uranium(cid:148)
or
thorium in the form of
metal, alloy, chemical compound or concentrate and
any other material containing one or more of
the
foregoing) or 0C002 special
fissile materials other
than those specified in Annex IV.(cid:146)

2. In Part II of Annex IV the words (cid:145)All Category 0 of Annex I

is included in Annex IV(cid:146) are replaced by:

(cid:145)All Category 0 of Annex I is included in Annex IV except
for the following materials:

(cid:151) 0C001: this item is not included in Annex IV;

(cid:151) 0C002: this item is included in Annex IV only as it

relates to the following special fissile materials:

(5) Regulation (EC) No 1334/2000 should be

amended

accordingly,

a) separated plutonium;

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

b) (cid:147)uranium enriched in the isotopes 235 or 233(cid:148) to

more than 20 %;

27.3.2001

EN

Official Journal of the European Communities

C 96 E/243

(cid:151) 0D001 (software) and 0E001 (technology) are included
in Annex IV except insofar as they relate to decontrolled
i.e. all of 0C001 and the part of 0C002 not
items,
covering
fissile materials:
special
separated plutonium and (cid:147)uranium enriched in the
isotopes 235 or 233(cid:148) to more than 20 %.(cid:146)

following

the

Article 2

This Regulation shall enter into force on the fifth day following
its publication in the Official
the European
Communities.

Journal

of

This Regulation shall be binding in its entirety and directly
applicable in all Member States.