Council Regulation (EC) No 880/2002 of 27 May 2002 amending Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology
Date: 2002-05-27
Institutions: Council of the European Union
Subjects: customs regulations, dual-use good, exchange of information, export monitoring, member country, technology transfer

29.5.2002

EN

Official Journal of the European Communities

L 139/7

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 880/2002

of 27 May 2002

amending 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,

(5)

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

Having regard to the proposal from the Commission,

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

control of

their

(6)

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

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

(3)

(4)

Under Regulation (EC) No 1334/2000 (1) dual-use items
(including software and technology) must be subject to
effective control when they are exported from the
Community.

Article 1

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

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.

The political commitments made by the Member States
in the context of the NSG or the Wassenaar Arrange-
ment must be applied in strict compliance with the
principles established by Community law, particularly
the Treaty establishing the European Community and
the Treaty establishing the European Atomic Energy
Community. Both Treaties establish the principle of the
free movement of goods within the Community, and
dual-use items are subject to this principle.

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
items
concerned.

sensitivity of

and the

the

1. In

I,

Part

6A001.a.1.b.2,
6A001.a.1.b.3, 6A001.a.1.b.4, 6A001.a.1.b.5, 6A001.a.2.d,
8A002.o.3.a, 8A002.p and 8D002 shall be deleted.

3A002.g.2,

headings

2. Part II shall be amended as follows:

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

6E201 shall be deleted;

(b) heading 1E001 shall be replaced by the following:

‘1E001 “Technology” according to the General Tech-
nology Note
“development” or
for
the
“production” of equipment or materials speci-
fied in 1C012.b’;

(c) heading 3E201 shall be replaced by the following:

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

Article 2

(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. 1).

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

L 139/8

EN

Official Journal of the European Communities

29.5.2002

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

Done at Brussels, 27 May 2002.

For the Council

The President

M. ARIAS CAÑETE