Proposal for a Council Regulation amending Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology
Date: 2002-04-18
Institutions: European Commission
Subjects: dual-use good, export monitoring, free movement of goods, technology

C 203 E/108

EN

Official Journal of the European Communities

27.8.2002

Proposal

for a Council Regulation amending Regulation (EC) No 1334/2000 setting up a

Community regime for the control of exports of dual-use items and technology

(2002/C 203 E/15)

COM(2002) 184 final — 2002/0085(ACC)

(Submitted by the Commission on 18 April 2002)

THE COUNCIL OF THE EUROPEAN UNION,

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

amended

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

HAS ADOPTED THIS REGULATION:

accordingly,

Having regard to the proposal from the Commission,

Article 1

Whereas:

(1) Under Council Regulation (EC) No 1334/2000 of 22 June
2000 (1), dual-use items
(including software and tech-
nology) must be subject to effective control when they
are exported from the Community.

(2) Under Article 21 of Regulation (EC) No 1334/2000, an
authorisation is required for intra-Community transfers of
the dual-use items and technology listed in Annex IV to
that Regulation. That Annex includes in particular items
subject to control in the context of the Nuclear Suppliers
Group (NSG) and the Wassenaar Arrangement.

(3) The political commitments made by the Member States in
the context of the NSG or the Wassenaar Arrangement
must be applied in strict compliance with the principles
established by Community law, particularly the EC Treaty
and the Euratom Treaty. Both Treaties establish the
the free movement of goods within the
principle of
Community, and dual-use
to this
principle.

items are

subject

(4) Annex IV to Regulation (EC) No 1334/2000 constitutes an
exception to the principle of the free movement within the
Community of dual-use items. This exception arises from
the political commitments made by the Member States and
the sensitivity of the items concerned.

(5) Since some of the items are less sensitive in terms of
proliferation,
the
Community under Regulation (EC) No 1334/2000 does
not seem justified.

transfer within

control

their

of

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

1. In

headings

6A001.a.1.b.2.,
I,
part
6A001.a.1.b.3.,
6A001.a.1.b.5.,
6A001.a.1.b.4.,
6A001.a.2.d., 8A002.o.3.a., 8A002.p. and 8D002 are
deleted.

3A002.g.2.,

2. Part II is amended as follows:

(a) Headings 1C012.a., 3A201.a., 3A228.c., 6A203.b. and

6E201 are deleted.

(b) Heading 1E001 is replaced by the following:

‘1E001
“Technology” according to the General
Technology Note for the “development” or “production”
of equipment or materials specified in 1C012.b.’

(c) Heading 3E201 is replaced by the following:

“Technology” according to the General
‘3E201
Technology Note for the “use” of equipment specified
in 3A228.a., 3A228.b., 3A229, 3A231 or 3A232.’

Article 2

This Regulation shall enter into force on the fifth day following
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.

(1) OJ L 159, 30.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 2432/2001 (OJ L 338, 20.12.2001, p. 2).