Proposal for a Council Regulation amending and updating Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology
Date: 2001-10-04
Institutions: European Commission
Subjects: customs regulations, dual-use good, exchange of information, export monitoring, member country, technology transfer

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 11.10.2001
COM(2001) 557 final/2

2001/0238 (ACC)

CORRIGENDUM
Nouvelle page de couverture
du document COM(2001) 557 du 4.10.2001
(ajout de l’acronyme).
Concerne les 11 versions linguistiques.

Proposal for a

COUNCIL REGULATION

amending and updating Regulation (EC) No 1334/2000 setting up a Community regime
for the control of exports of dual-use items and technology

(presented by the Commission)

EXPLANATORY MEMORANDUM

Under Council Regulation (EC) No 1334/2000 of 22 June 2000, dual-use items (including
software and technology) are subject to effective control when they are exported from the
Community.

To ensure that such control is fully effective and complies with Member States commitments
at multilateral
level, according to Article 3 of Regulation (EC) No 1334/2000, an
authorisation shall be required for the export of dual-use items listed in Annex I.

Article 11 of Regulation 1334/2000 provides that the lists of dual-use items set out in Annex I
and Annex IV shall be updated in conformity with the relevant obligations and commitments,
and any modification thereof, that each Member State has accepted as a member of the
international non-proliferation regimes and export control arrangements, or by ratification of
relevant international treaties.

international non-proliferation regimes

During the year 2000,
control
arrangements adopted a number of changes in their dual-use lists. The most significant ones,
in terms of controls have been rapidly taken into account in Regulation (EC) 458/2001 of
6 March 2001, before a consolidated version of Annex I integrating all changes and
amendments adopted at multilateral level in 2000 would be proposed after sufficient technical
examination.

and export

This examination has now been done in order to integrate these amendments in a consolidated
version of Annex I. Annexes II (Community General Export Authorisation n° EU001,
referred to in Article 6 of Regulation 1334/2000) and Annex IV (list referred to in
Article 21(1) of Regulation 1334/2000) are also republished in order to align them as well to
these changes and offer a consolidated version of all annexes listing dual-use items referred to
in Regulation 1334/2000.

Annex III referring to the model form of export authorisation remains unchanged but is being
republished in order to facilitate consultation.

It is also appropriate, for the sake of clarity, to adapt the references made in Article 14 of
Regulation (EC) No 1334/2000 to Commission Regulation (EEC) No 2454/93 of 2 July 1993
laying down provisions for the implementation of Council Regulation (EEC) No 2913/92
establishing the Community Customs Code.

Commission proposal

In the light of the above considerations it is necessary to replace the Annexes to Regulation
1334/2000 and to modify its Article 14.

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Proposal for a

COUNCIL REGULATION

amending and updating Regulation (EC) No 1334/2000 setting up a Community regime
for the control of exports of dual-use items and technology

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission1,

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 technology2, dual-
use items (including software and technology) should be subject to effective control
when they are exported from the Community.

In order to enable the Member States and the Community to comply with their
international commitments, Annex I of Regulation (EC) 1334/2000 establishes the
common list of dual-use items and technology referred to in Article 3 of that
Regulation, that implements internationally agreed dual-use controls, including the
Wassenaar arrangement,
the
Nuclear Suppliers Group (NSG), the Australia Group and the Chemical Weapons
Convention (CWC).

the Missile Technology Control Regime (MTCR),

Article 11 of Regulation (EC) 1334/2000 establishes that Annex I and Annex IV shall
be updated in conformity with the relevant obligations and commitments, and any
modifications thereof, that each Member State has accepted as a member of the
international non-proliferation regimes and export control arrangements, or by
ratification of relevant international treaties.

In order to take account of changes adopted by the Wassenaar arrangement Plenary on
1 December 2000, by the Australia Group Plenary on 5 October 2000, by the Missile
Technology Control Regime Plenary on 13 October 2000, and by the Nuclear
Suppliers Group on 23 June 2000, Annexes I and IV need to be modified.

1

2

OJ C …, …, p. …
OJ L 159, 30.6.2000, p. 1. Regulation as last amended by Regulation (EC) N°458/2001 (OJ L 65, 7.3.2001,
p. 19).

3

(5)

(6)

In order to ease references for export control authorities and operators, it is necessary
to publish an updated and consolidated version of the Annexes to Regulation (EC)
No 1334/2000, taking into account all the amendments accepted by the Member States
in international fora during the year 2000.

At the same time, it is appropriate, for the sake of clarity, to adapt the references made
in Regulation (EC) N° 1334/2000 to Commission Regulation (EEC) N° 2454/93 of
2 July 1993 laying down provisions for the implementation of Council Regulation
(EEC) N° 2913/92 establishing the Community Customs Code3.

(7)

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

HAS ADOPTED THIS REGULATION:

Regulation (EC) N°1334/2000 is amended as follows:

Article 1

1)

In Article 14, “The provisions of Articles 463 to 470 and 843 of Regulation (EEC)
No 2454/93” is replaced by “The provisions of Articles 843 and 912a to 912g of
Regulation (EEC) No 2454/93”.

2)

The Annexes are replaced by the text in the Annex to this Regulation.

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

Article 2

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

Done at Brussels,

For the Council
The President

3

OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) N° 2787/2000 (OJ L 330,
27.12.2000, p. 1).

4

FINANCIAL STATEMENT

TITLE OF OPERATION: Proposal for a Council Regulation (EC) amending and
updating Regulation (EC) N° 1334/2000 setting up a Community regime for the
control of exports of dual-use items and technology

BUDGET HEADING(S) INVOLVED: A-7030

LEGAL BASIS : ARTICLE 133 OF THE EC TREATY

DESCRIPTION OF OPERATION :

1.

2.

3.

4.

4.1

General objective : TECHNICAL AMENDMENT OF ARTICLE 14 AND ANNEXES I, II
AND IV TO COUNCIL REGULATION (EC) NO 1334/2000 (DUAL-USE)

4.2

Period covered and arrangement for renewal.

Indefinite

5.

6.

7.

8.

9.

CLASSIFICATION OF EXPENDITURE OR REVENUE : NOT APPLICABLE

TYPE OF EXPENDITURE OR REVENUE : NOT APPLICABLE

FINANCIAL IMPACT : NOT APPLICABLE

FRAUD PREVENTION MEASURES : NOT APPLICABLE

ELEMENTS OF COST-EFFECTIVENESS ANALYSIS : NOT APPLICABLE

10.

ADMINISTRATIVE EXPENDITURE (SECTION III, PART A OF THE
BUDGET)

This section of the financial statement must be sent to DGs XIX and IX; DG IX will
then forward it to DG XIX with its opinion.

Actual mobilisation of the necessary administrative resources will depend on the
Commission's annual decision on the allocation of resources, taking into account the
number of staff and additional amounts authorised by the budget authority.

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10.1

Effect on the number of posts

Type of post

Staff to be assigned to managing
the operation

Source

Duration

Permanent
posts

Temporary
posts

Additional
resources

Existing
resources in
the DG or
department
concerned

Officials or
temporary staff

Other resources

Total

A

1

non

1

1

1

Indefinite

If additional resources are required, indicate the pace at which they will have to be made
available.

10.2

Overall financial impact of additional human resources

(EUR)

Amounts

Method of calculation

Officials

108 000 Euros

1 x 108 000 Euros

Temporary staff

Other resources (indicate
budget heading)

No

No

Total

108 000 Euros

The amounts given must express the total cost of additional posts for the entire duration of the
operation, if this duration is predetermined, or for 12 months if it is indefinite.

10.3

Increase in other administrative expenditure as a result of the operation

(EUR)

Budget heading

Amounts

Method of calculation

A-7030 (meetings)

39 000 Euros

Four one-day meetings per year. Cost of one expert per meeting =
€
650. Average cost of one national expert per year = 4x15x650 =
€
39 000

Total

39 000 Euros

The amounts given must correspond to the total expenditure arising from the operation if its
duration is predetermined or expenditure for 12 months if it is indefinite.

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