Information note — Council Regulation (EC) No 1334/2000, as last amended by Regulation (EC) No 149/2003: Information on measures adopted by Member States in conformity with Articles 5, 6, 13 and 21
Date: 2003-11-14
Institutions: European Commission
Subjects: customs regulations, dual-use good, export licence, export monitoring, gas, helicopter, repression

C 273/2

EN

Official Journal of the European Union

14.11.2003

Council Regulation (EC) No 1334/2000, as last amended by Regulation (EC) No 149/2003:
Information on measures adopted by Member States in conformity with Articles 5, 6, 13 and 21

INFORMATION NOTE

(2003/C 273/02)

Articles 5, 6, 13 and 21 of Council Regulation (EC) No
1334/2000 foresee
certain Member State measures
concerning the implementation of the Regulation should be
published in the Official Journal of the European Union.

that

for export or reexport of goods from France or the
overseas
to other countries, and by the
Decree of 30 January 1967 on imports of goods into
France and exports of goods from France.

territories

I. INFORMATION PROVIDED BY MEMBER STATES

IN

CONFORMITY WITH ARTICLE 5-4 OF THE REGULATION.

Article 5(4) of the Regulation stipulates that the Commission
should publish the measures taken by the Member States to
prohibit or impose an authorisation requirement on exports of
dual-use items which are not listed in the annexes of the
Regulation for reasons of public security or human rights.

Only Germany, France and United Kingdom have adopted such
measures. More precisely,

1. France

France has adopted national controls on exports of civilian
helicopters and tear gas to non-member countries. The
relevant provisions are set out in two notices to exporters
(see below):

— Notice to exporters of certain helicopters and spare parts
to non-member countries, published in the French
Official Journal of 18 March 1995;

Applications for export authorisations on form 02 (Cerfa
No 30-0395) must be accompanied by the following
documents:

— pro forma invoice in duplicate;

— technical documentation.

Applications must be sent to the Ministry for the Budget,
Directorate-General for Customs and Indirect Taxation
(Setice), 8, rue de la Tour-des-Dames, F-75036 Paris
Cedex 09.

2. Paragraph 1 does not apply to helicopters and their
spare parts whose export without authorisation under
any customs procedure is prohibited by Article 13 of
the Decree-Law of 18 April 1939 defining
the
arrangements covering military equipment, arms and
munitions. The equipment
in question forms part of
air armaments covered by Article 1 of the Decree of
20 November 1995,
listing military
equipment and similar equipment subject to a special
export procedure and by its implementing provisions.

amended,

as

— Notice to exporters concerning exports of tear gas and
riot control agents to non-member countries, published
in the French Official Journal of 28 June 1995.

3. The following are hereby repealed:

A. NOTICE TO EXPORTERS OF CERTAIN TYPES OF HELICOPTER

AND THEIR SPARE PARTS TO THIRD COUNTRIES

(Version published in the French Official Journal of 18 March
1995)

1. Export to States which are not members of the European
Community of any type of helicopter and spare parts
coming under tariff heading 88.03 is subject to an auth-
orisation issued under the arrangements laid down by
the Decree of 30 November 1944 defining the
conditions
the
overseas territories of foreign goods and the conditions

importation into France

and

for

— The provisions of schedule A of

the Notice to
exporters on goods which are prohibited from
being exported (subject
to submission of author-
isation 02) of 24 November 1964 on goods known
as ‘ex 88.03 parts and spare parts of goods covered
by heading 88.01 and 88.02, etc.’ and the provisions
of the Notices amending this Notice in respect of
goods covered by tariff heading 88.03;

— Notice to exporters on products which are prohibited

from being exported of 30 September 1988.

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B. NOTICE TO EXPORTERS ON THE EXPORT OF TEAR GAS

(f) aerosol dispensers containing the solutions referred

AND RIOT CONTROL AGENTS TO THIRD COUNTRIES

to in (e) which are used in riot control;

(Version published in the French Official Journal of 28 June
1995)

to an authorisation issued under

1. Export to States which are not members of the European
Community of tear gas, riot control agents and related
products, equipment or technology listed in paragraph 2
the
subject
is
arrangements
of 30
November 1944 defining the conditions for importation
into France and the overseas territories of foreign goods
and the conditions for export and reexport of goods
from France or the overseas territories to other countries,
and by the Decree of 30 January 1967 on imports of
goods into France and exports of goods from France.

the Decree

down by

laid

Applications for export authorisations on form 02 must
be accompanied by the following documents:

— pro forma invoice in duplicate;

— where appropriate, technical documentation.

They should be sent
for
Customs and Indirect Taxation (Setice), 8, rue de la Tour-
des-Dames, F-75036 Paris Cedex 09.

to the Directorate-General

2. The goods covered by this Notice are:

(a) chloroacetophenone (CN) (532-27-4);

(b) bromobenzenecyanide (CA) (16532-79-9);

(c) chlorobenzylidenemalononitrile (CS) (2698-41-1);

(d) dibenz (b, f)-1,4-ozazepine (CR) (12770-99-9);

(e) solutions containing:

— more than 3 % CN, CS, CA or mixtures thereof;

(g) production technologies for the substances, solutions

and aerosol dispensers referred to above.

3. The following are excluded from this Notice:

(a) tear gas dispensers designed for personal defence;

(b) grenades with an exclusive lacrymatory effect whose
export is subject to the provisions of Articles 1 and 2
of Law No 70-575 of 3 July 1970 reforming the
rules governing powders and explosives;

(c) grenades possessing,

in addition to a lacrymatory
effect, a special incapacitating or neutralising effect,
whose export is subject to the provisions of Article
13 of the Decree-Law of 18 April 1939 defining the
rules governing military equipment.

2. Germany

The following paragraphs of the Regulation ‘AWV’ (Außen-
wirtschaftsverordnung), (Foreign Trade and Payment Regu-
lation), adopted on 18 December 1986, (details of the law
can be accessed via the internet at the following address:
http://www.ausfuhrkontrolle.info/vorschriften/
awv_auszug.htm) are relevant
Article 5(4) of the Regulation:

for the implementation of

(a) § 5 para. 2 Foreign Trade and Payments Regulation
(AWV) in connection with certain items that are only
controlled on a national basis;

(b) § 5 c Foreign Trade and Payments Regulation (AWV);

(c) § 5 d Foreign Trade and Payments Regulation (AWV);

(d) § 69 a para. 1(1), para 2(1-4) Foreign Trade and

Payments Regulation (AWV);

— more than 1 % CR;

(e) § 2 para. 2 Foreign Trade and Payments Law (AWG).

— other lacrymatory or irritant substances with a

neutralising effect in any percentage;

NB: The amounts indicated are calculated by mass in
relation to all constituents of the solution.

3. United Kingdom

Details regarding the implementation of Article 5 of the
Regulation have been published in the Dual-Use Items
(Export
amended,
(S.I. 2000/No 2620) and can be accessed via the DTI
website at: http://www.dti.gov.uk/export.control

Regulations

Control)

2000,

as

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II. INFORMATION PROVIDED BY MEMBER STATES

IN
CONFORMITY WITH ARTICLE 5 (NATIONAL AUTHORITIES
EMPOWERED TO GRANT EXPORT LICENCES IN THE
MEMBER STATES)

Radiation and Nuclear Safety Authority (STUK), PO Box
14, FIN-00881 Helsinki, Tel.
(358-9) 75 98 81, Fax
(358-9) 75 98 83 82, E-mail: stuk@stuk.fi

Website: www.vn.fi/ktm/vientiv

This information is available and regularly updated on DG
TRADE website:

5. France

http://europa.eu.int/comm/trade/issues/sectoral/industry/
dualuse/contacts.htm

Direction générale des douanes et droits indirects, Service
des titres du commerce extérieur (Setice), 8, rue de la
Tour-des-Dames, F-75436 Paris Cedex 09.

1. Austria

Website: www.douane.gouv.fr

Ministry for Economic Affairs and Labour, Landstraßer
Hauptstraße
(43-1)
711 00 83 58, Fax (43-1) 711 00 83 66.

A-1030 Wien,

55-57,

Tel.

Website: www.bmwa.gv.at

2. Belgium

Ministère des Affaires économiques, Administration des
(ARE), Service Licences, Rue
Relations
Général
(32-2)
206 58 05, Fax (32-2) 230 96 24,
E-mail: michel.moreels@mineco.fgov.be

économiques
Leman 60, B-1040 Bruxelles, Tel.

Website: www.mineco.fgov.be

3. Denmark

6. Germany

Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA)
(Federal Office of Economics and Export Control), Frank-
furter Straße 29-35, D-65760 Eschborn.

Website: www.bafa.de

7. Greece

Economic

The Ministry of Economy and Finance, General Directorate
for Planning and Implementation, Directorate of
Inter-
Issues, Kornarou 1, GR-105 63
national
Athens. Director A. Bartzi: Tel. (302-10) 328 60 21; Fax
Issues Div., A.
(302-10) 328 60 94. Head of Export
Iglessis:
(302-10)
Fax
328 60 51,
328 60 59. Desk Officer for Exports: H. Kondyli, Tel.
(302-10) 328 60 57, Fax (302-10) 328 60 59, E-mail:
e3c@mnec.gr

(302-10)

Tel.

Agency for Enterprise and Housing, Langelinie Allé 17,
DK-2100 Copenhagen Ø. Tel. (45) 35 46 62 95,

8. Ireland

Website: www.efs.dk

4. Finland

Below can be found the details of the different competent
authorities depending on the nature of the dual-use item
concerned. Competent Finnish authorities empowered to
issue export authorisations for dual-use goods:

For all Annex I goods except Category 0:

for External
Ministry for Foreign Affairs, Department
Economic Relations, PO Box 176, FIN-00161 Helsinki,
Tel.
(358-9) 16 05 54 87 or 16 05 54 89, Fax (358-9)
16 05 50 70.

For Category 0 goods:

Ministry of Trade and Industry , Energy Department, PO
Box 32, FIN-00023 Government, Tel. (358-9) 160 01, Fax
(358-9) 16 06 26 64,
E-mail: ydinenergia@ktm.fi

The Department of Enterprise, Trade and Employment,
Earlsfort Centre, Hatch Street, Dublin 2, Ireland.

Website: www.entemp.ie

9. Italy

Ministero delle attivita produttive, direzione generale
politica commerciale — Dr. Aldo Doria, Viale Boston,
25,
Fax
(39-06) 59 93 25 68,
(39-06) 59 64 75 06, E-mail: polcom4@mincomes.it

I-00144 Roma, Tel.

10. Luxembourg

Ministère des affaires étrangères et du commerce extérieur,
Office des licences, BP 113, L-2011 Luxembourg,
www.mae.lu

11. Netherlands

Import and Export Service’ on behalf of

the
‘Central
Ministry of Economic Affairs — ‘Belastingdienst/Douane
centrale dienst voor de in- en uitvoer’. Postbus 30003,
9700 RD Groningen, The Nederlands.

or

Website: www.ez.nl

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12. Portugal

Direcção Geral das Alfândegas e dos Impostos Especiais
sobre o Consumo (General Directorate of Customs and
Excises), Rua Terreiro do Trigo, P-1049-060 Lisboa.

13. Spain

for Foreign Trade (Secretaría
The General Secretariat
General de Comercio Exterior), the Customs Department
and the Foreign Office Ministry are
the authorities
empowered for granting licences. Contact point in the
Licensing office: Mr Antonio Segura Álvarez, Ministerio
de Economía, Paseo de la Castellana, 162, 7a, E-28046
Madrid, Tel. (34) 915 83 52 84, Fax (34) 915 83 56 19,

E-mail: Antonio.Segura@SSCC.MCX.ES

Website: http://www.mcx.es/sgcomex/mddu/

to another Member State of items not listed in Annex IV of
the Regulation (Annex IV lists items which do not benefit of
the freedom of circulation in the single market), should inform
the Commission which in turn should publish this information
in the Official Journal of the European Union.

Only France, Germany and UK have notified the Commission
of such measures. More specifically,

1. France

A licence is required for intra-Community transfers of
dual-use items
listed in Annex IV to the Regulation.
Special formalities apply to the transfer of cryptographic
items listed in Category 5, Part 2 of Annex I to the Regu-
lation (see Article 18 of the Order of 13 December 2001 on
the control of exports to third countries and the transfer to
Member States of the European Community of dual-use
items and technology).

14. Sweden

2. Germany

National Inspectorate of Strategic Products, Klarabergsvia-
dukten 90, PO Box 702 52, S-107 22 Stockholm.

Website: www.isp.se

15. United Kingdom

Department of Trade and Industry, Export Control Organi-
sation, 4, Abbey Orchard Street, London, SW1P 2HT.
(44-207)
Contact Point: Mr Melvyn Tomkins. Tel.
215 05 85, Fax (44-207) 215 05 72,
E-mail: melvyn.tomkins@dti.gsi.gov.uk

The following paragraphs of the Regulation ‘AWV’ (Außen-
wirtschaftsverordnung), (Foreign Trade and Payment Regu-
lation), adopted on 18 December 1986, (details of the law
can be accessed via the internet at the following address:

http://www.ausfuhrkontrolle.info/vorschriften/
awv_auszug.htm) are relevant:

— § 7 para. 2 Foreign Trade and Payments Regulation

(AWV);

— § 7 para. 3 Foreign Trade and Payments Regulation

Website: www.dti.gov.uk/export.control

(AWV);

III. INFORMATION PROVIDED BY MEMBER STATES IN
CONFORMITY WITH ARTICLE 13 OF THE REGULATION

— § 7 para. 4 Foreign Trade and Payments Regulation

(AWV);

Article 13 stipulates that Member States should inform the
Commission if they have availed themselves of the option to
have customs formalities for the exports of dual-use items
completed only at custom offices empowered to that end.

No Member State has made use of this option.

IV. INFORMATION PROVIDED BY MEMBER STATES IN
CONFORMITY WITH ARTICLE 21 OF THE REGULATION

Article 21(2)(d) stipulates that Member States imposing an
authorisation requirement for the transfer from its territory

— § 69 a, para. 1 (2), para. 2 (5) Foreign Trade and

Payments Regulation (AWV);

— § 2 para. 2 Foreign Trade and Payments Law (AWG).

3. United Kingdom

‘The Dual-Use Items (Export Control) Regulations 2000’, as
amended, (S.I. 2000/No 2620) is the relevant legislation and
at:
the
accessed
can
http://www.dti.gov.uk/export.control

website

DTI

via

be