Information note — Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items: Information on measures adopted by Member States in conformity with Article 8
Date: 2013-12-14
Institutions: European Commission
Subjects: Netherlands, Syria, dual-use good, export (EU), export monitoring, scientific apparatus, trade restriction, transit








C_2013366EN.01003301.xml










14.12.2013   


EN


Official Journal of the European Union


C 366/33





INFORMATION NOTE
Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items: Information on measures adopted by Member States in conformity with Article 8
(2013/C 366/08)
Article 8 of Council Regulation (EC) No 428/2009 (1) foresees that Member States may prohibit or impose authorisations requirements on the export of dual-use items not listed in Annex I to the Regulation for reasons of public security or human rights considerations. In accordance with Article 8(4) such measures shall be published in the Official Journal of the European Union.
The Netherlands has notified to the Commission that it has revoked Decree Stcrt. 2013 No 8590 from 28 March 2013 regarding brokering and export of certain dual use items to Syria and replaced it with Decree Stcrt. 2013 No 25632 published on 13 September 2012 thereby imposing the following measures:






1.


A licence requirement for the export of certain dual-use items not listed in Annex I, for reasons of public security and human rights considerations. This measure applies to the export, with destination Syria and Egypt, of the following items that can be used for internal repression:






No


Item




1.



Firearms, ammunition and related accessories therefor:





1.1.


Firearms not controlled by ML 1 and ML 2 of the Common Military List




1.2.


Ammunition specially designed for the firearms listed in item 1.1 and specially designed components therefor




1.3.


Weapon-sights not controlled by the Common Military List




2.



Bombs and grenades not controlled by the Common Military List





3.



Vehicles
 (2):




3.1.


Vehicles equipped with a water cannon, specially designed or modified for the purpose of riot control




3.2.


Vehicles specially designed or modified to be electrified to repel borders




3.3.


Vehicles specially designed to or modified to remove barricades, including construction equipment with ballistic protection




3.4.


Vehicles specially designed for the transport or transfer or prisoners and/or detainees




3.5.


Vehicles specially designed to deploy mobile barriers (3)





3.6.


Components for the vehicles specified in items 3.1. to 3.5. specially designed for the purpose of riot control




4.



Explosive substances and related equipment:





4.1.


Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including firing sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor; except those specially designed for a specific commercial use consisting of the actuation or operation by explosive means of other equipment or devices the function of which is not the creation of explosion (e.g. car air-bag inflaters, electric-surge arresters of fire sprinkler actuators)




4.2.


Linear cutting explosive charges not controlled by the Common Military List




4.3.


Other explosive not controlled by the Common Military List and related substances:




 








(a)


amatol








 








(b)


nitrocellulose (containing more than 12,5 % nitrogen)








 








(c)


nitroglycol








 








(d)


pentaerythritol tetranitrate (PETN)








 








(e)


picryl chloride








 








(f)


2,4,6-trinitrotoluene (TNT)








5.



Protective equipment not controlled by ML 13 of the Common Military List
 (4):




5.1.


Body armour providing ballistic and/or stabbing protection




5.2.


Helmets providing ballistic and/or fragmentation protection, anti-riot helmets, anti-riot shields and ballistic shields




6.



Simulators, other than those controlled by ML 14 of the Common Military List, for training in the use of firearms, and specially designed software therefor





7.



Night vision, thermal Imaging equipment and Image intensifier tubes, other than those controlled by the Common Military List





8.



Razor barbed wire





9.



Military knives, combat knives and bayonets with blade lengths in excess of 10 cm





10.



Production equipment specially designed for the items specified in this list





11.



Specific technology for the development, production or use of the items specified in this list









An authorisation requirement for the export of certain type of laboratory equipment destined for Syria: laboratory equipment for the analysis (whether destructive or non-destructive) or detection of substances, including components of and accessories for such equipment, specifically designed for medical use. The authorisation requirement for the aforementioned items was introduced by Decree 2013 No 24410 from 2 September 2013. This authorisation requirement was introduced after publication of Council Regulation (EU) No 697/2013 (5), which only covered laboratory equipment for the analysis (whether destructive or non-destructive) or detection of substances, with the exception of equipment, including parts or accessories, specifically designed for medical use. Before publication of Council Regulation (EU) No 697/2013 both authorisation requirements were part of national Decree 2013 No 8590 from 28 March 2013.


(1)  OJ L 134, 29.5.2009, p. 1.

(2)  This item does not control vehicles specially designed for the purpose of fire-fighting.

(3)  For the purpose of this item the term ‘vehicles’ includes trailers.

(4)  This item does not control: (1) equipment specially designed for sports activities; (2) equipment specially designed for safety of work requirements.

(5)  Council Regulation (EU) No 697/2013 of 22 July 2013 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ L 198, 23.7.2013, p. 28).