Information note — Information on measures adopted by Member States in conformity with Articles 5, 6, 8, 9, 10, 17 and 22 of Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items
Date: 2016-08-20
Institutions: European Commission
Subjects: EU Member State, arms control, dual-use good, export (EU), export monitoring, human rights, military equipment, public safety, trade restriction, transit








C_2016304EN.01000301.xml










20.8.2016   


EN


Official Journal of the European Union


C 304/3





INFORMATION NOTE
Information on measures adopted by Member States in conformity with Articles 5, 6, 8, 9, 10, 17 and 22 of Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items
(2016/C 304/03)
Articles 5, 6, 8, 9, 10, 17 and 22 of Council Regulation (EC) No 428/2009 (1) (hereunder ‘the Regulation’) set out that measures taken by Member States in implementation of the Regulation should be published in the Official Journal of the European Union.

1.   INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 5(2) OF THE REGULATION (EXTENSION OF BROKERING CONTROLS)

Article 5(2) in conjunction with Article 5(4) of the Regulation requires the Commission to publish measures taken by Member States to extend the application of Article 5(1) to non-listed dual-use items for uses referred to in Article 4(1) and to dual-use items for military end use and destinations referred to in Article 4(2).
The table below provides an overview of the measures taken by Member States and that have been notified to the Commission. The detailed measures as notified to the Commission are set out immediately thereafter.






Member State


Has the application of brokering controls set out in Article 5(1) been extended in relation with Article 5(2)?




BELGIUM


NO




BULGARIA


YES




CZECH REPUBLIC


YES




DENMARK


NO




GERMANY


NO




ESTONIA


YES




IRELAND


YES




GREECE


YES




SPAIN


YES




FRANCE


NO




CROATIA


YES




ITALY


NO




CYPRUS


NO




LATVIA


YES




LITHUANIA


NO




LUXEMBOURG


NO




HUNGARY


YES




MALTA


NO




NETHERLANDS


YES




AUSTRIA


YES




POLAND


NO




PORTUGAL


NO




ROMANIA


YES




SLOVENIA


NO




SLOVAKIA


NO




FINLAND


YES




SWEDEN


NO




UNITED KINGDOM


NO




1.1.   Bulgaria

An authorisation shall be required for the brokering of dual-use items:






1.


listed in Annex I of the Regulation, when the items are or may be intended for the uses specified in Article 4(2) of that Regulation;










2.


not listed in Annex I of the Regulation, when the items are or may be intended for the uses specified in Article 4(1) of that Regulation;




(Article 34, paragraph 4 of the Defence-Related Products and Dual-Use Items and Technologies Export Control Act, State Gazette No. 26/29.03.2011, effective 30.6.2012).
1.2.   Czech Republic

An authorisation shall be required for the brokering of dual-use items if the Ministry informs the broker that:






1.


dual-use items not listed in Annex I of the Regulation are or could be intended, wholly or in part, for use pursuant to Article 4(1) of that Regulation;










2.


dual-use items are or could be intended, wholly or in part, for military end-uses specified in Article 4(2) of the Regulation;




(paragraph 3 of Act No 594/2004 Coll., Implementing the European Community Regime for the Control of Exports, Transfer, Brokering, and Transit of Dual-Use Items (as amended)).
1.3.   Estonia

An authorisation shall be required for the brokering of dual-use items which have characteristics of strategic goods because of their end- use or end-user, public security or human rights consideration, although they have not been entered in the list of strategic goods (paragraph 6 (7) of the Strategic Good Act).
1.4.   Ireland

An authorisation shall be required for the brokering of dual-use items not listed in Annex I of the Regulation, for any of the uses referred to in Article 4(1) of that Regulation and for dual-use items for military end-uses and destinations referred to in Article 4(2) of the Regulation, (Sections 8(a) and (b) of Statutory Instrument 443 of 2009, Control of Exports (Dual-Use Items) Order 2009, as amended).
1.5.   Greece

An authorisation shall be required for the brokering of listed dual-use items for military end-uses and destinations referred to in Article 4(2) of the Regulation (paragraph 3.2.3 of ‘Ministerial Decision No 121837/e3/21837/28-9-2009’).
1.6.   Spain

An authorisation shall be required for the brokering of listed dual-use items for military end-uses and destinations referred to in Article 4(2) of the Regulation (Article 2(6) of the Royal Decree 679/2014, of 1 August 2014 on the control of external trade in defence material, other material and dual-use goods and technologies).
1.7.   Croatia

An authorisation shall be required for the brokering of dual-use items not listed in Annex I of the Regulation, if the Ministry of Foreign and European Affairs informs the broker that dual-use items are or may be, in whole or in part, used for the purposes set forth in Article 4(1) and 4 (2) of the Regulation (Act on Control of dual-use items (OG 80/11 i 68/2013)).
1.8.   Latvia

In accordance with the Latvian Law on the Circulation of Strategic Goods, all brokering transactions are controlled for dual-use items regardless of their use.
1.9.   Hungary

An authorisation shall be required for the brokering of dual-use items:






1.


listed in Annex I of the Regulation, when the items are or may be intended for the uses specified in Article 4(2) of that Regulation;










2.


not listed in Annex I of the Regulation, when the items are or may be intended for the uses specified in Article 4(1) and (2) of that Regulation.




(paragraph 17.1 of Government Decree No 13 of 2011 on the foreign trade authorisation of dual-use items).
1.10.   Netherlands

An authorisation shall be required for the brokering of dual-use items:






1.


listed in Annex I of the Regulation, when the items are or may be intended for the uses specified in Article 4(2) of that Regulation;










2.


not listed in Annex I of the Regulation, when the items are or may be intended for the uses specified in Article 4(1) and (2) of that Regulation. (Strategic Services Act — Wet strategische diensten)




Authorisation requirements have been imposed for brokering services of 37 chemical substances when the destination is Iraq, regardless of the specific consignee or end-user. (Decree Goods for Dual-Use Iraq — Regeling goederen voor tweeërlei gebruik Irak)
1.11.   Austria

An authorisation shall be required for the brokering of dual-use items if the Federal Minister for Science, Research and Economy notifies the broker that the items in question are or may be intended for uses referred to in Article 4(1) and (2) of the Regulation (Article 15.1 of the Foreign Trade Act (Außenwirtschaftsgesetz 2011, BGBl. I Nr. 26/2011).
1.12.   Romania

An authorisation shall be required for the brokering of dual-use items not listed in Annex I of the Regulation if the items in question are or may be intended, in their entirety or in part, for any uses referred to in Article 4(1) and (2) of the Council Regulation. (Article 14 (2) of the Emergency Order No 119 of 23 December 2010 (GEO No 119/2010) on the ‘control regime for operations concerning dual-use items’).
1.13.   Finland

An authorisation shall be required for brokering of dual-use items:






1.


listed in Annex I of the Regulation, if the broker has been notified by the Ministry for Foreign Affairs that the items are or may be intended wholly or partly for the uses specified in Article 4(2) of that Regulation;










2.


not listed in Annex I of the Regulation, if the broker has been notified by the Ministry for Foreign Affairs that the items are or may be intended wholly or partly for the uses specified in Article 4(1) of that Regulation;




(paragraphs 3(2) and 4(1) of Law 562/1996 (as amended)).
2.   INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 5(3) OF THE REGULATION (EXTENSION OF BROKERING CONTROLS)

Article 5(3) in conjunction with Article 5(4) of the Regulation requires the Commission to publish measures taken by Member States imposing an authorisation requirement on the brokering of dual-use items, if the broker has grounds for suspecting that these items are or may be intended for any of the uses referred to in Article 4(1).
The table below provides an overview of the measures taken by Member States and that have been notified to the Commission. The detailed measures as notified to the Commission are set out immediately thereafter.






Member State


Have brokering controls been extended in relation with Article 5(3)?




BELGIUM


NO




BULGARIA


YES




CZECH REPUBLIC


YES




DENMARK


NO




GERMANY


NO




ESTONIA


YES




IRELAND


YES




GREECE


YES




SPAIN


NO




FRANCE


NO




CROATIA


YES




ITALY


NO




CYPRUS


NO




LATVIA


YES




LITHUANIA


NO




LUXEMBOURG


NO




HUNGARY


YES




MALTA


NO




NETHERLANDS


YES




AUSTRIA


YES




POLAND


NO




PORTUGAL


NO




ROMANIA


YES




SLOVENIA


NO




SLOVAKIA


NO




FINLAND


YES




SWEDEN


NO




UNITED KINGDOM


NO




2.1.   Bulgaria

An authorisation shall be required for brokering of dual-use items if the broker has grounds for suspecting that the items are wholly or in part intended for any of the uses listed in Article 4(1) of the Regulation (Article 47 of the Defence-Related Products and Dual-Use Items and Technologies Export Control Act (Promulgated, State Gazette No. 26/29.03.2011).
2.2.   Czech Republic

If a broker has grounds for suspecting that dual-use items are wholly or in part intended for any of the uses listed in Article 4(1) of the Regulation, the broker shall notify the competent authority, which may decide to impose an authorisation requirement (paragraph 3(4) of the Act No 594/2004 Coll. ‘Implementing the European Community Regime for the Control of Exports, Transfer, Brokering, and Transit of Dual-Use Items’ (as amended)).
2.3.   Estonia

If a broker has grounds for suspecting that dual-use goods are or may be intended, wholly or in part, for any of the uses listed in Article 4(1) of the Regulation, the broker shall notify the Strategic Goods Commission (SGC), police authorities or security authorities immediately thereof. After such notification, the SGC may decide to impose an authorisation requirement (paragraph 77 of the Strategic Goods Act).
2.4.   Ireland

An authorisation shall be required for brokering of dual-use items if the broker has grounds for suspecting that the items are wholly or in part intended for any of the uses listed in Article 4(1) of the Regulation (Section 9 of Statutory Instrument 443 of 2009, Control of Exports (Dual-Use Items) Order 2009, as amended).
2.5.   Greece

An authorisation shall be required for brokering of dual-use items if the broker has grounds for suspecting that the items are wholly or in part intended for any of the uses listed in Article 4(1) of the Regulation (paragraph 3.2.2 of the Ministerial Decision No 121837/e3/21837/28-9-2009).
2.6.   Croatia

If a broker has grounds for suspecting that dual-use goods not listed in Annex I of the Regulation (EC) No 428/2009, are or may be intended, wholly or in part, for any of the uses listed in Article 4(1) and (2) of the Regulation, the broker shall notify the Ministry of Foreign and European Affairs, which may decide to impose an authorisation requirement (paragraph 3 of the Act on Control of dual-use items (OG 80/11 i 68/2013).
2.7.   Latvia

In accordance with the Latvian Law on the Circulation of Strategic Goods, all brokering transactions are controlled for dual-use items regardless of their use.
2.8.   Hungary

An authorisation shall be required for brokering of dual-use items if the broker has grounds for suspecting that the items are wholly or in part intended for any of the uses listed in Article 4(1) of the Regulation (paragraph 17(2) of Government Decree No 13 of 2011 on the foreign trade authorisation of dual-use items).
2.9.   Netherlands

An authorisation for brokering of listed dual-use items shall be required when the items are or may be intended for the uses specified in Article 4(1) of the Regulation (Article 4a(5) of the Strategic Services Act — Wet strategische diensten).
2.10.   Austria

If a broker has grounds for suspecting that dual-use items, which are not listed in Annex I of the Regulation (EC) No 428/2009, are or may be intended, wholly or in part, for any of the uses listed in Article 4(1) of the Regulation, the broker shall notify the competent authority, which may decide to impose an authorisation requirement (Article 5 of the 2011 First Foreign Trade Regulation (Erste Außenwirtschaftsverordnung 2011), BGBl. II Nr. 343/2011, published on 28 October 2011).
2.11.   Romania

An authorisation shall be required for brokering of dual-use items if the broker has grounds for suspecting that the items are wholly or in part intended for any of the uses listed in Article 4(1) of the Regulation (paragraph 3 of Article 14 of the Emergency Order No 119 of 23 December 2010 (GEO No 119/2010) on the control regime for operations concerning dual-use items).
2.12.   Finland

If a broker has grounds for suspecting that dual-use items are or may be intended, wholly or in part, for any of the uses listed in Article 4(1) of the Regulation, the broker shall notify the Ministry for Foreign Affairs, which may decide to impose an authorisation requirement (paragraphs 3.2 and 4.4 of law 562/1996 (as amended).
3.   INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 6(2) OF THE REGULATION (EXTENSION OF TRANSIT CONTROLS)

Article 6(2) in conjunction with Article 6(4) of the Regulation requires the Commission to publish measures taken by Member States empowering their competent authorities to impose in individual cases an authorisation requirement for the specific transit of dual-use items listed in Annex I if the items are or maybe intended, in their entirety or in part, for uses referred to in Article 4(1).
The table below provides an overview of the measures taken by Member States, as notified to the Commission. Details on the measures are provided thereafter.






Member State


Have the transit control provisions of Article 6(1) been extended in relation with Article 6(2)?




BELGIUM


Partly YES




BULGARIA


YES




CZECH REPUBLIC


NO




DENMARK


NO




GERMANY


YES




ESTONIA


YES




IRELAND


YES




GREECE


YES




SPAIN


NO




FRANCE


NO




CROATIA


YES




ITALY


NO




CYPRUS


NO




LATVIA


NO




LITHUANIA


NO




LUXEMBOURG


NO




HUNGARY


YES




MALTA


NO




NETHERLANDS


NO




AUSTRIA


YES




POLAND


NO




PORTUGAL


NO




ROMANIA


YES




SLOVENIA


NO




SLOVAKIA


NO




FINLAND


YES




SWEDEN


NO




UNITED KINGDOM


YES




3.1.   Belgium

An authorisation for transit of listed dual-use items shall be required when the items are or may be intended for the uses specified in Article 4(1) of the Regulation, in the Flemish and the Walloon Region (Article 6 and 7 of the Flemish Government Decree of 14 March 2014 regulating export, transit and transfer of dual-use and the delivery of technical assistance (Belgian Official Gazette of 2 May 2014), Article 5 and 6 of the Walloon Government Decree of 6 February 2014 regulating export, transit and transfer of dual-use items and technology (Belgian Official Gazette of 19.02.2014)).
3.2.   Bulgaria

An authorisation for transit of listed dual-use items shall be required when the items are or may be intended for the uses specified in Article 4(1) of the Regulation (Articles 48-50 of the ‘Defence-Related Products and Dual-Use Items and Technologies Export Control Act’, State Gazette No. 26/29.03.2011).
3.3.   Germany

An authorisation for transit of listed dual-use items shall be required when the items are or may be intended for the uses specified in Article 4(1) of the Regulation (Section 44 of the German Foreign Trade and Payments Regulation — Aussenwirtschaftsverordnung — AWV).
3.4.   Estonia

An authorisation for transit of listed (and non-listed) dual-use items shall be required when the items are or may be intended for the uses specified in Article 4(1) of the Regulation (paragraphs 3, 6 and 7 of the Strategic Goods Act (SGA)).
3.5.   Ireland

An authorisation for transit of listed dual-use items shall be required when the items are or may be intended for the uses specified in Article 4(1) of the Regulation (Section 10 of Statutory Instrument 443 of 2009, Control of Exports (Dual-Use Items) Order 2009, as amended).
3.6.   Greece

An authorisation for transit of listed dual-use items shall be required when the items are or may be intended for the uses specified in Article 4(1) of the Regulation (paragraph 3.3.2 of the Ministerial Decision No 121837/e3/21837/28-9-2009).
3.7.   Croatia

An authorisation for transit of listed dual-use items shall be required when the items are or may be intended for the uses specified in Article 4(1) of the Regulation (Act on Control of dual-use items (OG 80/11 i 68/2013). The Ministry of Foreign and European Affairs can prohibit transit according to Article 6(1) of the Regulation, based on proposals by the Commission established in Article 12 of the Act. Prior to the decision to prohibit the transit, in special cases, the Ministry may impose a requirement for a Special Transit Licence.
3.8.   Hungary

An authorisation for transit of listed dual-use items shall be required when the items are or may be intended for the uses specified in Article 4(1) of the Regulation (paragraph 18 of Government Decree No 13 of 2011 on the foreign trade authorisation of dual-use items).
3.9.   Austria

An authorisation for transit of listed dual-use items shall be required, by the Federal Minister for Science, Research and Economy, when the items are or may be intended for the uses specified in Article 4(1) of the Regulation (Article 15 of the 2011 Foreign Trade Act — Außenwirtschaftsgesetz 2011, BGBl. I Nr. 26/2011).
3.10.   Romania

An authorisation for transit of listed dual-use items shall be required when the items are or may be intended for the uses specified in Article 4(1) of the Regulation (paragraph 1 of Article 15 of the Emergency Order No 119 of 23 December 2010 (GEO No 119/2010) ‘on the control regime for operations concerning dual-use items’).
3.11.   Finland

An authorisation for transit of listed dual-use items shall be required when the items are or may be intended for the uses specified in Article 4(1) of the Regulation (paragraph 3.3 of law 562/1996).
3.12.   United Kingdom

An authorisation for transit of listed dual-use items shall be required when the items are or may be intended for the uses specified in Article 4(1) of the Regulation (Article 8(1), 17 and 26 of the Export Control Order 2008, as amended by The Export Control (Amendment) (No 3) Order 2009 (S.I. 2009/2151).
4.   INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 6(3) OF THE REGULATION (EXTENSION OF TRANSIT CONTROLS)

Article 6(3) in conjunction with Article 6(4) of the Regulation requires the Commission to publish measures taken by Member States extending the application of Article 6(1) to non-listed dual-use items for uses referred to in Article 4(1) and to dual-use items for military end use and destinations referred to in Article 4(2).
The table below provides an overview of the measures taken by Member States, as notified to the Commission. Details on the measures are provided thereafter.






Member State


Have the transit control provisions set out in Article 6(1) been extended in relation with Article 6(3)?




BELGIUM


Partly YES




BULGARIA


NO




CZECH REPUBLIC


YES




DENMARK


NO




GERMANY


NO




ESTONIA


YES




IRELAND


YES




GREECE


YES




SPAIN


YES




FRANCE


NO




CROATIA


YES




ITALY


NO




CYPRUS


YES




LATVIA


NO




LITHUANIA


NO




LUXEMBOURG


NO




HUNGARY


YES




MALTA


NO




NETHERLANDS


YES




AUSTRIA


YES




POLAND


NO




PORTUGAL


NO




ROMANIA


YES




SLOVENIA


NO




SLOVAKIA


NO




FINLAND


YES




SWEDEN


NO




UNITED KINGDOM


YES




4.1.   Belgium

An authorisation shall be required for transit of non-listed dual-use items for uses referred to in Article 4(1) and of dual-use items for military end use and destinations referred to in Article 4(2) in the Flemish and the Walloon Region (Article 6 and 7 of the Flemish Government Decree of 14 March 2014 regulating export, transit and transfer of dual-use items and the delivery of technical assistance (Belgian Official Gazette of 2 May 2014), Article 5 and 6 of the Walloon Government Decree of 6 February 2014 regulating export, transit and transfer of dual-use items and technology (Belgian Official Gazette of 19.02.2014).
4.2.   Czech Republic

An authorisation shall be required for transit of non-listed dual-use items for uses referred to in Article 4(1) and of dual-use items for military end use and destinations referred to in Article 4(2) (paragraph 13b of the Act No 594/2004 Coll. ‘Implementing the European Community Regime for the Control of Exports, Transfer, Brokering, and Transit of Dual-Use Items’ (as amended)(1)
4.3.   Estonia

An authorisation shall be required by the Strategic Goods Commission's (SGC) for transit of non-listed dual-use items for uses referred to in Article 4(1) and of dual-use items for military end use and destinations referred to in Article 4(2) (paragraphs 3, 6 and 7 of the Strategic Goods Act (SGA).
4.4.   Ireland

An authorisation shall be required for transit of non-listed dual-use items for uses referred to in Article 4(1) and of dual-use items for military end use and destinations referred to in Article 4(2) (Section 11 of Statutory Instrument 443 of 2009, Control of Exports (Dual-Use Items) Order 2009, as amended).
4.5.   Greece

An authorisation shall be required for transit of non-listed dual-use items for uses referred to in Article 4(1) and of dual-use items for military end use and destinations referred to in Article 4(2) (paragraph 3.3.3. of the Ministerial Decision No 121837/e3/21837/28-9-2009).
4.6.   Spain

An authorisation shall be required for transit of non-listed dual-use items for uses referred to in Article 4(1) and of dual-use items for military end use and destinations referred to in Article 4(2) (Article 11 of Act 53/2007).
4.7.   Croatia

An authorisation shall be required by the Ministry of Foreign and European Affairs for transit of non-listed dual-use items for uses referred to in Article 4(1) and of dual-use items for military end use and destinations referred to in Article 4(2) (Act on Control of dual-use items (OG 80/11 i 68/2013)).
4.8.   Cyprus

The Ministry of Energy, Commerce, Industry and Tourism may prohibit the transit of non-listed dual-use items for uses referred to in Article 4(1) and of dual-use items for military end use and destinations referred to in Article 4(2) (Article 5(3) of Ministerial Order 312/2009).
4.9.   Hungary

An authorisation shall be required for transit of non-listed dual-use items for uses referred to in Article 4(1) and of dual-use items for military end use and destinations referred to in Article 4(2) (paragraph 18 of the Government Decree No 13 of 2011 ‘on foreign trade authorisation of dual-use items’).
4.10.   The Netherlands

An authorisation shall be required for transit of non-listed dual-use items for uses referred to in Article 4(1) and of dual-use items for military end use and destinations referred to in Article 4(2) (Article 4a(1) and (2) of the Decree for Strategic Goods — Besluit strategische goederen).
4.11.   Austria

An authorisation shall be required by the Federal Minister for Science, Research and Economy for transit of non-listed dual-use items for uses referred to in Article 4(1) and of dual-use items for military end use and destinations referred to in Article 4(2) (Article 15 of the 2011 Foreign Trade Act (Außenwirtschaftsgesetz 2011, BGBl. I Nr. 26/2011).
4.12.   Romania

An authorisation shall be required for transit of non-listed dual-use items for uses referred to in Article 4(1) and of dual-use items for military end use and destinations referred to in Article 4(2) (Article 15(2) of the Emergency Order No 119 of 23 December 2010 (GEO No 119/2010).
4.13.   Finland

An authorisation shall be required for transit of non-listed dual-use items for uses referred to in Article 4(1) and of dual-use items for military end use and destinations referred to in Article 4(2) (paragraphs 3.3 and 4.1 of law 562/1996 (as amended) stipulate as follows:






—


Paragraph 3.3
Transit of dual-use items listed in Annex I to the Council Regulation shall be subject to authorisation if the transit operator has been notified by the Ministry for Foreign Affairs that the items in question are or could be wholly or partly intended for a use listed in Article 4(1) or (2) of the Council Regulation.










—


Paragraph 4.1
If the intention is the export, brokering, transit or transfer of products, services or other items that are not on the list in the Annex to the Council Regulation, an authorisation must be presented on export, brokering, transit or transfer if the exporter, broker, transit operator or transfer operator has been notified by the Ministry for Foreign Affairs that the item in question is or could be wholly or partly intended for use in connection with the development, manufacture, handling, operation, maintenance, storage, detection, identification or distribution of chemical and biological weapons or nuclear weapons, or the development, production, maintenance or storage of missiles capable of delivering weapons covered by non-proliferation regimes.)




4.14.   United Kingdom

An authorisation shall be required for transit of non-listed dual-use items for uses referred to in Article 4(1) and of dual-use items for military end use and destinations referred to in Article 4(2) (Article 8(2), 17(3) and 26 of The Export Control Order 2008, as amended by the Export Control (Amendment) (No 3) Order 2009 (S.I.2009/2151)).
5.   INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 8 OF THE REGULATION (EXTENSION OF CONTROLS TO NON-LISTED ITEMS FOR REASONS OF PUBLIC SECURITY OR HUMAN RIGHTS CONSIDERATIONS)

Article 8(4) of the Regulation requires the Commission to publish measures taken by Member States prohibiting or imposing an authorisation requirement on the export of dual-use items not listed in Annex I for reasons of public security or human rights considerations.
The table below provides an overview of the measures taken by Member States, as notified to the Commission. Details on the measures are provided thereafter.






Member State


Have additional controls been implemented concerning non-listed goods for reasons of public security or human rights considerations in relation with Article 8(1)?




BELGIUM


NO




BULGARIA


YES




CZECH REPUBLIC


YES




DENMARK


NO




GERMANY


YES




ESTONIA


YES




IRELAND


YES




GREECE


NO




SPAIN


NO




FRANCE


YES




CROATIA


NO




ITALY


NO




CYPRUS


YES




LATVIA


YES




LITHUANIA


NO




LUXEMBOURG


NO




HUNGARY


NO




MALTA


NO




NETHERLANDS


YES




AUSTRIA


YES




POLAND


NO




PORTUGAL


NO




ROMANIA


YES




SLOVENIA


NO




SLOVAKIA


NO




FINLAND


NO




SWEDEN


NO




UNITED KINGDOM


YES




5.1.   Bulgaria

The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited for reasons of public security or human rights consideration, by an act of the Council of Ministers (Article 34 (1), рar. 3 The Export Control Act).
5.2.   Czech Republic

The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited, by Government Order, for reasons of public security or human rights consideration (paragraph 3(1)(d) of the Act No 594/2004 Coll).
5.3.   Germany









(1)


The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited for reasons of public security or human rights consideration (Section 8 (1) Nr. 2 of the Foreign Trade and Payments Regulation (Aussenwirtschaftsverordnung — AWV)). The measure applies to the following National Numbers in the Export Control List (in 2013):







—


2B909


Flow forming machines and machines with combined flow forming and spin-forming functions, other than those controlled by 2B009, 2B109 or 2B209 in the framework of Council Regulation (EC) No 428/2009 as amended, having all of the following characteristics, and specially designed components therefor:






(a)


which, according to the manufacturer's technic specification, can be equipped with numerical control units, computer control or play-back control; and










(b)


a roller force of more than 60 kN, if the purchasing country or country of destination is Syria.








—


2B952


Equipment capable of use in handling biological substances, other than that controlled by 2B352 in the framework of Council Regulation (EC) No 428/2009 as amended, if the purchasing country or country of destination is Iran, North Korea or Syria:






(a)


fermenters, capable of cultivation of pathogenic ‘micro-organisms’ or viruses, or capable of toxin production, without the propagation of aerosols and having a total capacity of 10 l or more;










(b)


agitators for fermenters controlled by 2B352(a) in the framework of Council Regulation (EC) No 428/2009 as amended.

Technical note:


Fermenters include bioreactors, chemostats and continuous-flow systems.









—


2B993


Equipment for the deposition of metallic overlays for non-electronic substrates as follows, and specially designed components and accessories therefor, if the purchasing country or country of destination is Iran:






(a)


chemical vapour deposition (CVD) production equipment;










(b)


electron beam physical vapour deposition (EB-PVD) production equipment;










(c)


production equipment for deposition by means of inductive or resistance heating.








—


5A902


Surveillance systems, equipment and components for ICT (Information and Communication Technology) for public networks, where the destination lies outside the customs territory of the European Union and outside the areas listed in Annex IIa Part 2 of Regulation (EC) No 428/2009, as follows:






(a)


Monitoring centres (Law Enforcement Monitoring Facilities) for Lawful Interception Systems (LI, for example according to ETSI ES 201 158, ETSI ES 201 671 or equivalent standards, specifications or standards) and specially designed components therefor,










(b)


Retention systems or devices for call data (Intercept Related Information IRI, for example, according to ETSI TS 102 656 or equivalent standards, specifications or standards) and specially designed components therefor.

Technical note:


Call data includes signalling information, origin and destination (e.g. phone numbers, IP or MAC addresses, etc.), date and time and geographical origin of communication.


Note:


5A902 does not control systems, or devices that are specially designed for any the following purposes:








(a)




billing












(b)




data collection functions within network elements (e.g., Exchange or HLR)












(c)




quality of service of the network (Quality of Service — QoS) or












(d)




user satisfaction (Quality of Experience — QoE)












(e)




operation at telecommunications companies (service providers)













—


5A911


Base stations for digital ‘trunked radio’ if the purchasing country or country of destination is Sudan or South Sudan.

Technical note:


Trunked radio' is a cellular radio communications procedure with mobile subscribers who are assigned frequency trunks for communication. Digital ‘trunked radio’ (e.g. TETRA, terrestrial trunked radio) uses digital modulation.





—


5D902


‘Software’, where the destination lies outside the customs territory of the European Union and outside the areas listed in Annex IIa Part 2 of Regulation (EC) No 428/2009, as follows:






(a)


‘software’ specifically designed or modified for the ‘development’, ‘production’ or ‘use’ of installations, functions or performance parameters controlled by entry 5A902;










(b)


‘software’ specifically designed or modified for the achievement of characteristics, functions or performance parameters controlled by entry 5A902.








—


5D911


‘Software’ specially designed or modified for the ‘use’ of equipment, which is controlled by item 5 A911, if the purchasing country or country of destination is Sudan or South Sudan.




—


5E902


‘Technology’ according to the General Technology Note for the ‘development’, ‘production’ and ‘use’ of installations, functions or performance characteristics controlled by entry 5A902, or ‘software’ controlled by entry 5D902, where the destination lies outside the customs territory of the European Union and outside the areas listed in Annex IIa Part 2 of Regulation (EC) No 428/2009.




—


6A908


Radar-based navigation or surveillance systems for vessel or airborne traffic control, not controlled by items 6A008 or 6A108 in the framework of Council Regulation (EC) No 428/2009 as amended, and specially designed components therefor, if the purchasing country or country of destination is Iran.




—


6D908


‘Software’, specially developed or modified for the ‘development’, ‘production’ or ‘use’ of the equipment controlled by 6A908, if the purchasing country or country of destination is Iran.




—


9A991


Ground vehicles not covered by Part I A of the Export Control List, as follows:






(a)


flatbed trailers and semitrailers with a payload exceeding 25 000 kg and less than 70 000 kg, or having one or more military features and being capable of transporting vehicles controlled by 0006 in Part I A as well as traction vehicles capable of their transportation and having one or more military features if the purchasing country or country of destination is Iran, Libya, Myanmar, North Korea, Pakistan, Somalia or Syria;

Note: Traction vehicles within the meaning of 9A991a comprise all vehicles with primary traction function;











(b)


other trucks and off-road vehicles having one or more military features, if the purchasing country or country of destination is Iran, Libya, Myanmar, North Korea, Somalia or Syria.

Note 1: Military features as defined by 9A991 include:








(a)




fording capability of 1,2 m or more;












(b)




mountings for guns and weapons;












(c)




mountings for camouflage netting;












(d)




roof lights, round with sliding or swinging cover;












(e)




military enamelling;












(f)




hook coupling for trailers in conjunction with a so-called NATO-socket.






Note 2: 9A991 does not control ground vehicles when accompanying their users for their own personal use. 9A992 Trucks, as follows:








(a)




all-wheel-drive trucks with a payload exceeding 1 000 kg, if the purchasing country or country of destination is North Korea;












(b)




trucks with three or more axles and a maximum permissible gross laden weight of more than 20 000 kg, if the purchasing country or country of destination is Iran or Syria.













—


9A993


Helicopters, helicopter power transfer systems, gas turbine engines and auxiliary power units (APUs) for use in helicopters, and specially designed components therefor, if the purchasing country or country of destination is Cuba, Iran, Libya, Myanmar, North Korea, Somalia or Syria.




—


9A994


Air-cooled power units (aero-engines) with a cubic capacity of 100 cm3 or more and 600 cm3 or less, capable of use in unmanned ‘air vehicles’, and specially designed components therefor, if the purchasing country or country of destination is Iran.




—


9E991


‘Technology’ according to the General Technology Note for the ‘development’ or ‘production’ of equipment controlled by 9A993, if the purchasing country or country of destination is Cuba, Iran, Libya, Myanmar, North Korea, or Syria.
















(2)


The export authorisation requirement under Section 5(d) AWV for non-listed goods continues to apply in section 9 AWV.












(3)


Under Section 6 of the Foreign Trade and Payments Act (Aussenwirtschaftsgesetz — AWG), transactions, legal transactions and actions can be restricted or obligations to act can be imposed by administrative act in order to avert a danger pertaining in an individual case to the interests e.g. the essential security interests of the Federal Republic of Germany, the peaceful coexistence of nations, the foreign relations of the Federal Republic of Germany, the public order or security of the Federal Republic of Germany.




5.4.   Estonia

The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited, by decision of the Strategic Goods Commission, for reasons of public security or human rights consideration (Para 2 (11) and 6 (2) of the Strategic Goods Act).
5.5.   Ireland

The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited for reasons of public security or human rights consideration (Section 12(2) of Statutory Instrument 443 of 2009, Control of Exports (Dual-Use Items) Order 2009, as amended)).
5.6.   France

The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited for reasons of public security or human rights consideration (Decree No 2010-292). National controls on exports of dual-use items have been adopted, as set out in following orders:






—


Ministerial Order of 31 July 2014 concerning the export of certain helicopters and their spare parts to third countries, published in the French Official Gazette of 8 August 2014.










—


Ministerial Order of 31 July 2014 on the export of tear gas and riot control agents to third countries, published in the French Official Gazette of 8 August 2014.




5.7.   Cyprus

The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited by the Ministry of Energy, Commerce, Industry and Tourism for reasons of public security or human rights consideration (Articles 5(3) and 10(c) of Ministerial Order 312/2009).
5.8.   Latvia

The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited by the Control Committee for Strategic Goods for reasons of public security or human rights consideration (Regulation of the Cabinet of Ministers No 645 of 25 September 2007 — ‘Regulation on the National List of Strategic Goods and Services’ (issued in accordance with the ‘Law on the Handling of Strategic Goods’, Article 3, Part One). National controls on exports of dual-use items apply to the National List of Strategic Goods and Services (Annex to Regulation No 645) as follows:
NATIONAL LIST OF STRATEGIC GOODS AND SERVICES






Part No


Name of goods




10A901


Rimfire weapons, their parts, accessories and ammunition




10A902


10A902 Aircraft components, equipment and spare parts

Note: Licence is necessary for the import, export, transit and transfer from/to EU countries of those aircraft components, equipment and spare parts, which can be used in both — military and civil aircrafts.

Exceptions:
10A902 does not control aircraft components, equipment and spare parts, which are designed for the repair and maintenance purposes of International Civil Aircraft companies for the use on civil aircraft.
10A902 does not control import, export and transfer from/to EU countries of such aircraft components, equipment and spare parts, which are designed for the repair and maintenance purposes of civil aircraft, if the mentioned civil aircraft is situated within the territory of the Republic of Latvia.
10A902 does not control import, export, transit and transfer from/to EU countries of such aircraft components, equipment and spare parts, which are designed for the repair and maintenance purposes of civil aircraft, if the mentioned civil aircraft is being used in EU, UN and NATO missions.
10A902 does not control passenger salon and serving facilities.




10A903


Air guns with energy greater than 12 joules




10A904


Pyrotechnical devices of classes 2, 3 and 4

Technical note: The class of the pyrotechnical device shall be determined by the Department of Criminology of the State Police.





10A905


Tools, equipment, components and software designed or modified for special clandestine operations:

NB: See also Category 5, Part Two ‘Information Security’







a.


devices and equipment for clandestine obtaining of audio information:






(1)


special microphones;










(2)


special transmitters;










(3)


special receivers;










(4)


special coders;










(5)


special decoders;










(6)


wide frequency range receivers (frequency scanners);










(7)


special re-transmitters;










(8)


special amplifiers; and










(9)


special reflected ‘laser’ beam listening devices;














b.


devices and equipment for clandestine monitoring or video recording:






(1)


video cameras;










(2)


special video transmitters;










(3)


special video receivers; and










(4)


mini video recorders;





Technical note: 10A905.b.1. includes wired and wireless video cameras and TV cameras.











c.


devices and equipment for clandestine retrieving of digital or mobile voice telecommunications or other information from technical means or channels of communication;










d.


devices and equipment for ‘clandestine entering’ into premises, means of transport or other objects:

Technical note: For the purposes of 10A905 ‘clandestine entering’ means clandestine opening of mechanical, electronic or other locks or cracking of codes.







(1)


special x-ray equipment for looking into locks;










(2)


master keys;










(3)


tools for opening locks; and










(4)


electronic devices for cracking the lock codes;














e.


countermeasure equipment and devices against special operations:

NB: See also ‘EU Common Military List’







(1)


special indicators;










(2)


special locators;










(3)


scanners;










(4)


scramblers;










(5)


special frequency meters;










(6)


wide frequency range noise generators.












10A906


Night vision scopes and components.




10A907


Antipersonnel mines

Note: The export of antipersonnel mines is forbidden.





10D


Software




10D901


‘Software’ specially designed for special operational activities and for acquiring the information from computers and computer networks or other information systems or for clandestine change or destruction of such information.

Note: 10D901 controls the export, import, ‘production’, ‘use’, ‘development’ and storage of the above-mentioned ‘software’.





10E


Technology




10E901


Technology for development, production and use of equipment mentioned in 10A905




10E902


Military assistance

Note: Military assistance includes any technical support related to the production, development, maintenance, testing and construction of military items, as well as any kind of technical services, such as instructions, training, transfer of practical skills, consultations, including in oral form.

Exceptions:






(1)


Military assistance to EU Member States, NATO Member States, Australia, Canada, New Zealand, Japan and Switzerland.










(2)


Military assistance is in the public domain or in the form of fundamental scientific research information.










(3)


Military assistance is oral and not related to items controlled by one or more international export control regimes, conventions or agreements.








5.9.   The Netherlands

The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited by the Minister of Foreign Affairs for reasons of public security or human rights consideration. (Article 4 of the Decree for Strategic Goods — Besluit strategische goederen)
National controls have been adopted for the export of items for internal repression and brokering services to Syria and national controls have been adopted for the export of items for internal repression to Egypt and Ukraine. (Decree Goods for Dual-Use — Regeling goederen voor tweeërlei gebruik).
Authorisation requirements have been imposed for the export of 37 chemical substances to Iraq, regardless of the specific consignee or end-user. (Decree Goods for Dual-Use Iraq — Regeling goederen voor tweeërlei gebruik Irak)
5.10.   Austria

The export or transit of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited by the Federal Minister for Science, Research and Economy for reasons of public security or human rights consideration (Article 20 of the 2011 Foreign Trade Act (Außenwirtschaftsgesetz 2011, BGBl. I Nr. 26/2011)).
5.11.   Romania

The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited for reasons of public security or human rights consideration (Article 7 of the Emergency Order No 119 of 23 December 2010 (GEO No 119/2010) on the control regime for operations concerning dual-use items).
5.12.   United Kingdom

The export of dual-use items not listed in Annex I of the Regulation may be subject to authorisation or prohibited for reasons of public security or human rights consideration (Export Control Order 2008). The list of UK controlled dual-use items is set out in Schedule 3 of the Export Control Order 2008 as amended by the Export Control (Amendment) (No 2) Order 2010 (S.I. 2010/2007).

SCHEDULE 3



Schedule referred to in Articles 2 and 4 of the Export Control Order 2008


UK CONTROLLED DUAL-USE GOODS, SOFTWARE AND TECHNOLOGY

Note: In this Schedule, defined terms are printed in quotation marks.


Definitions

In this Schedule:
‘development’ means all stages prior to ‘production’ (e.g. design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into goods, configuration design, integration design, layouts);
‘energetic materials’ means substances or mixtures that react chemically to release energy required for their intended application; ‘explosives’, ‘pyrotechnics’ and ‘propellants’ are subclasses of energetic materials;
‘explosive signatures’ are features which are characteristic of explosives in any form prior to their initiation, as detected using technology including, but not limited to, ion mobility spectrometry, chemiluminescence, fluorescence, nuclear, acoustic or electromagnetic techniques;
‘explosives’ means solid, liquid or gaseous substances or mixtures of substances which, in their application as primary, booster, or main charges in warheads, demolition and other applications, are required to detonate;
‘improvised explosive devices’ means devices fabricated or intended to be placed in an improvised manner incorporating destructive, lethal, noxious, ‘pyrotechnic’ or incendiary chemicals designed to destroy, disfigure or harass; they may incorporate military stores, but are normally devised from non-military components;
‘lighter-than-air vehicles’ means balloons and airships that rely on hot air or on lighter-than-air gases such as helium or hydrogen for their lift;
‘previously separated’ means the application of any process intended to increase the concentration of the controlled isotope;
‘production’ means all production stages (e.g. product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance);
‘propellants’ means substances or mixtures that react chemically to produce large volumes of hot gases at controlled rates to perform mechanical work;
‘pyrotechnic(s)’ means mixtures of solid or liquid fuels and oxidisers which, when ignited, undergo an energetic chemical reaction at a controlled rate intended to produce specific time delays, or quantities of heat, noise, smoke, visible light or infrared radiation; pyrophorics are a subclass of pyrotechnics, which contain no oxidisers but ignite spontaneously on contact with air;
‘required’ as applied to ‘technology’, refers to only that portion of ‘technology’ which is peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics or functions. Such ‘required’‘technology’ may be shared by different goods and the intended use of ‘technology’ is irrelevant to whether it is ‘required’;
‘technology’ means specific ‘information’ necessary for the ‘development’, ‘production’ or ‘use’ of goods or ‘software’;

Technical Note:


‘Information’ may take forms including, but not limited to: blueprints, plans, diagrams, models, formulae, tables, ‘source code’, engineering designs and specifications, manuals and instructions written or recorded on other media or devices (e.g. disk, tape, read-only memories);


‘source code’ (or source language) is a convenient expression of one or more processes which may be turned by a programming system into equipment executable form.
‘use’ means operation, installation (e.g. on-site installation), maintenance, checking, repair, overhaul and refurbishing;
‘vaccines’ are medicinal products in a pharmaceutical formulation licensed by, or having marketing or clinical trial authorisation from, the regulatory authorities of either the country of manufacture or of use, which is intended to stimulate a protective immunological response in humans or animals in order to prevent disease in those to whom or to which it is administered.

Explosive-related goods and technology







PL8001


The export or ‘transfer by electronic means’ of the following goods or ‘technology’ is prohibited to any destination outside all of the following: ‘the customs territory’, Australia, New Zealand, Canada, Norway, Switzerland, United States of America and Japan:






a.


Equipment and devices, other than those in Schedule 2 or in 1A004.d, 1A005, 1A006, 1A007, 1A008, 3A229, 3A232 or 5A001.h in Annex I to ‘the dual-use Regulation’, for detection of or use with ‘explosives’ or for dealing with or protecting against ‘improvised explosive devices’, as follows, and specially designed components therefor:






1.


Electronic equipment designed to detect ‘explosives’ or ‘explosive signatures’;

NB: See also 1A004.d in Annex I to ‘the dual-use Regulation’.


Note: PL8001.a.1 does not control equipment requiring operator judgement to establish the presence of ‘explosives’ or ‘explosive signatures’.











2.


Electronic jamming equipment specially designed to prevent the detonation by radio remote control of ‘improvised explosive devices’;

NB: See also 5A001.h. in Annex I to ‘the dual-use Regulation’.











3.


Equipment and devices specially designed to initiate explosions by electrical or nonelectrical means, (e.g., firing sets, detonators and igniters);

NB: See also 1A007, 1A008, 3A229 and 3A232 in Annex I to ‘the dual-use Regulation’.


Note: PL8001.a.3 does not control:








a.




Equipment and devices 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 initiation or creation of explosions;












b.




pressure controlled equipment specially designed for down-hole oilfield equipment applications and which are incapable of use at atmospheric pressure; and












c.




detonating cord.














4.


Equipment and devices, including, but not limited to: shields and helmets, specially designed for the disposal of ‘improvised explosive devices’;

NB: See also 1A005, 1A006 and 5A001.h. in Annex I to ‘the dual-use Regulation’. Note: PL8001.a.4 does not control bomb blankets, mechanical handling equipment for manoeuvring or exposing ‘improvised explosive devices’, containers designed for holding ‘improvised explosive devices’ or objects suspected of being such devices or other equipment specially designed to temporarily protect against ‘improvised explosive devices’ or objects suspected of being such devices.







a.


Linear cutting explosive charges other than those listed at entry 1A008 of Annex I to ‘the dual-use Regulation’;










b.


‘Technology’‘required’ for the ‘use’ of goods in PL8001.a and PL8001.b.

NB: See Article 18 of this Order for exceptions from the controls on ‘technology’.


















Materials, chemicals, micro-organisms and toxins







PL9002


The export of the following goods is prohibited to any destination:
‘Energetic materials’, as follows, and mixtures containing one or more thereof:






a.


Nitrocellulose (containing more than 12,5 % nitrogen);










b.


Nitroglycol;










c.


Pentaerythritol tetranitrate (PETN);










d.


Picryl chloride;










e.


Trinitrophenylmethylnitramine (tetryl);










f.


2,4,6-Trinitrotoluene (TNT).





Note: PL9002 does not control single, double and triple base ‘propellants’.




PL9003


The export of the following goods is prohibited to any destination:
‘Vaccines’ for protection against:






a.


bacillus anthracis;










b.


botulinum toxin.








PL9004


The export of the following goods is prohibited to any destination:
‘Previously separated’ americium-241, -242 m or -243 in any form.

Note: PL9004 does not control goods with an amerícium content of 10 grams or less.





Telecommunications and related technology







PL9005


The export or ‘transfer by electronic means’ of the following goods or ‘technology’ is prohibited to any destinations in Iran:






a.


Tropospheric scatter communication equipment using analogue or digital modulation techniques and specially designed components therefor;










b.


Technology for the ‘development’, ‘production’ or ‘use’ of goods specified in PL9005.a.





NB: See Article 18 of this Order for exceptions from the controls on ‘technology’.






Detection equipment







PL9006


The export of ‘electro-statically powered’ equipment for detecting ‘explosives’, other than detection equipment specified in Schedule 2, PL8001.a.1 or in 1A004.d. in Annex I to ‘the dual-use Regulation’, is prohibited to any destination in Afghanistan or Iraq.

Technical Note:


‘Electro-statically powered’ means using electro-statically generated charge.






Vessels and related software and technology







PL9008


The export or ‘transfer by electronic means’ of the following goods, ‘software’ or ‘technology’, is prohibited to any destination in Iran:






a.


Vessels', inflatable craft and ‘submersible vehicles’, and related equipment and components, as follows, other than those specified in Schedule 2 to this Order or Annex I to ‘the dual-use Regulation’:






1.


Marine ‘vessels’ (surface or underwater), inflatable craft and ‘submersible vehicles’;










2.


Equipment and components designed for ‘vessels’, inflatable craft and ‘submersible vehicles’ as follows:






a.


Hull and keel structures and components;










b.


Propulsive engines designed or modified for marine use and specially designed components therefor;










c.


Marine radar, sonar and speed log equipment, and specially designed components therefor;














3.


‘Software’ designed for the ‘development’, ‘production’ or ‘use’ of goods specified in PL9008.a;










4.


‘Technology’ for the ‘development’, ‘production’ or ‘use’ of goods or ‘software’ specified in PL9008.a or PL9008.b.

NB: See Article 18 of this Order for exceptions from the controls on ‘technology’.


Technical Note:


‘Submersible vehicles’ include manned, unmanned, tethered or untethered vehicles.














Aircraft and related technology







PL9009


The export or ‘transfer by electronic means’ of the following goods or ‘technology’ is prohibited to any destination in Iran:






a.


‘Aircraft’, ‘lighter-than-air vehicles’ and steerable parachutes, and related equipment and components, as follows, other than those specified in Schedule 2 to this Order or Annex I to ‘the dual-use Regulation’:






1.


‘Aircraft’, ‘lighter-than-air vehicles’ and steerable parachutes;










2.


Equipment and components designed for ‘aircraft’ and ‘lighter-than-air vehicles’, as follows:






a.


Airframe structures and components;










b.


Aero-engines and auxiliary power units (APU)s and specially designed components therefor;










c.


Avionics and navigation equipment and specially designed components therefor;










d.


Landing gear and specially designed components therefor, and aircraft tyres;










e.


Propellers and rotors;










f.


Transmissions and gearboxes, and specially designed components therefor;










g.


Unmanned aerial vehicle (UAV) recovery systems;










h.


Not used;










i.


Technology/for the ‘development’, ‘production’ or ‘use’ of goods specified in PL9009.a.





NB: See Article 18 of this Order for exceptions from the controls on ‘technology’.


Note: PL9009.c. does not control technical data, drawings or documentation for maintenance activities directly associated with calibration, removal or replacement of damaged or unserviceable goods that are necessary for the continuing airworthiness and safe operation of civil ‘aircraft’.













6.   INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 9(4)(B) OF THE REGULATION (NATIONAL GENERAL EXPORT AUTHORISATIONS)

Article 9(4)(b) of the Regulation requires the Commission to publish measures taken by Member States with regard to any national general export authorisations issued or modified.
The table below provides an overview of the measures taken by Member States, as notified to the Commission. Details on the measures are provided thereafter.






Member State


Has your Member State issued or modified any national general export authorisation in relation with Article 9?




BELGIUM


NO




BULGARIA


NO




CZECH REPUBLIC


NO




DENMARK


NO




GERMANY


YES




ESTONIA


NO




IRELAND


NO




GREECE


YES




SPAIN


NO




FRANCE


YES




CROATIA


YES




ITALY


YES




CYPRUS


NO




LATVIA


NO




LITHUANIA


NO




LUXEMBOURG


NO




HUNGARY


NO




MALTA


NO




NETHERLANDS


YES




AUSTRIA


YES




POLAND


NO




PORTUGAL


NO




ROMANIA


NO




SLOVENIA


NO




SLOVAKIA


NO




FINLAND


YES




SWEDEN


NO




UNITED KINGDOM


YES




6.1.   Germany

There are five National General Export Authorisations in force in Germany:






(1)


General Authorisation No 12 for the export of certain dual-use goods below a certain value threshold;










(2)


General Authorisation No 13 for the export of certain dual-use goods in certain circumstances;










(3)


General Authorisation No 14 for valves and pumps










(4)


General Authorisation No 16 for telecommunications and data security.










(5)


General Authorisation No 17 for frequency changers




6.2.   Greece

A National General Export Authorisation applies for export of certain dual-use items to the following destinations: Argentina, Croatia, Republic of Korea, Russian Federation, Ukraine, Turkey and South Africa (Ministerial Decision No 125263/e3/25263/6-2-2007).
6.3.   France

There are six National General Export Authorisations in force in France:






(1)


National General Export Authorisation for industrial goods, as defined in the decree of 18 July 2002 concerning the export of industrial goods subject to strategic control in the European Community [as published in the Official Journal of the French Republic No 176 of 30 July 2002 (text 11) and as amended by the decree of 21 June 2004 concerning the enlargement of the European Union as published in the Official Journal of the French Republic of 31 July 2004 (text 5)].










(2)


National General Export Authorisation for chemical products, as defined in the decree of 18 July 2002 concerning the export of dual-use chemical products [as published in the Official Journal of the French Republic No 176 of 30 July 2002 (text 12) and as amended by the decree of 21 June 2004 concerning the enlargement of the European Union as published in the Official Journal of the French Republic of 31 July 2004 (text 6)].










(3)


National General Export Authorisation for graphite, as defined in the decree of 18 July 2002 concerning the export of nuclear quality graphite [as published in the Official Journal of the French Republic No 176 of 30 July 2002 (text 13) and as amended by the decree of 21 June 2004 concerning the enlargement of the European Union as published in the Official Journal of the French Republic of 31 July 2004 (text 7)].










(4)


National General Export Authorisation for biological products, as defined in the decree of 14 May 2007 and amended by the decree of 18 march 2010 concerning the export of certain genetic elements and genetically modified organisms [as published in the Official Journal of the French Republic of 20 march 2010].










(5)


National General Export Authorisation for certain dual-use items for French armed forces in third countries (Ministerial Order of 31 July 2014, published in the French Official Gazette of 8 August 2014).










(6)


National General Authorisation for the export or transfer within the EU of certain dual-use items for exhibition or fair (Ministerial Order of 31 July 2014 published in the French Official Gazette of 8 August 2014).




The specific items covered by the authorisations are set out in the relevant decrees.
6.4.   Croatia

A National General Export Authorisation for the export of dual-use items in accordance with Article 9(4) of the Regulation may be issued by the Ministry of Foreign and European Affairs (Act on Control of Dual-Use Items (OG 80/11 i 68/2013)).
6.5.   Italy

A National General Export Authorisation applies for export of certain dual-use items to the following destinations: Antarctica (Italian bases), Argentina, Republic of Korea, Turkey (decree of 4 August 2003 published in the Official Journal No 202 of 1 September 2003).
6.6.   The Netherlands

A National General Export Authorisation applies for export of certain dual-use items to all destinations, with the exception of:






—


Australia, Canada, Japan, New Zeeland, Norway, USA, Switzerland (which are covered already by Annex II Part 3 to Regulation (EC) No 428/2009);










—


Afghanistan, Burma/Myanmar, Iraq, Iran, Libya, Lebanon, North Korea, Pakistan, Sudan, Somalia and Syria.




(National General Authorisation NL002 — Nationale Algemene Uitvoervergunning NL002)
6.7.   Austria

There are four National General Export Authorisations in force for Austria:






—


AT001 for certain dual use items where they are re-exported to the originating country without modification, or where items of the same quantity and quality are exported to the originating country, or where technology is re-exported with minor additions, all within three months after their import into the European Union










—


AT002 for the export of certain dual-use goods below a certain value threshold










—


AT003 for valves and pumps specified in entries 2B350g and 2B350i to certain destinations










—


AT004 for frequency changers specified in entry 3A225 and related software and technology




The details of these authorisations are set out in Articles 3 through 3c of the First Foreign Trade Ordinance, BGBl. II No 343/2011 of 28 October 2011 as amended by Ordinance BGBl. II No 430/2015 of 17 December 2015. The conditions for their use (registration and notification requirements) can be found in Article 16 of the same Ordinance.
6.8.   Finland

A National General Export Authorisation for the export of dual-use items in accordance with Article 9(4) of the Regulation may be issued by the Ministry of Foreign Affairs pursuant to Section 3, Paragraph 1 of Dual Use Act No. 562/1996 (as amended).
6.9.   United Kingdom

There are 15 National General Authorisations (OGELs) in force in the United Kingdom:






1


OGEL (Chemicals)




2


OGEL (Cryptographic Development)




3


OGEL (Export After Exhibition Dual-Use Items




4


OGEL (Export After Repair/Replacement Under Warranty: Dual-Use Items)




5


OGEL (Export For Repair/Replacement Under Warranty: Dual-Use Items




6


OGEL (Dual-Use Items: Hong Kong Special Administrative Region)




7


OGEL (International Non-Proliferation Regime De-controls: Dual-Use Items)




8


OGEL (Low Value Shipments)




9


OGEL (OIL and GAS Exploration Dual-Items)




10


OGEL (Technology for Dual-Use Items)




11


OGEL (Turkey)




12


OGEL (X)




13


OGEL (Military and Dual-Use Goods: UK forces deployed in embargoed destinations)




14


OGEL (Military and Dual-Use Goods: UK forces deployed in non-embargoed destinations)




15


OGEL (Exports of Non-Lethal Military and Dual-Use goods: To Diplomatic Missions or Consular Posts)




All UK National General Authorisations for dual-use items, including the lists of permitted items and destinations and the terms and conditions attached to each, are available to view and download from https://www.gov.uk/dual-use-open-general-export-licences-explained.
7.   INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLES 9(6)(A), 9(6)(B) AND 10(4) OF THE REGULATION (NATIONAL AUTHORITIES EMPOWERED TO GRANT EXPORT LICENCES IN THE MEMBER STATES, NATIONAL AUTHORITIES EMPOWERED TO PROHIBIT THE TRANSIT OF NON-COMMUNITY DUAL-USE ITEMS AND NATIONAL AUTHORITIES EMPOWERED TO GRANT AUTHORISATIONS FOR THE PROVISION OF BROKERING SERVICES — RESPECTIVELY)

Article 9(6)(a) of the Regulation requires the Commission to publish the list of authorities empowered to grant export authorisations for dual-use items.
Article 9(6)(b) of the Regulation requires the Commission to publish the list of authorities empowered to prohibit the transit of non-Community dual-use items.
Article 10(4) of the Regulation requires the Commission to publish the list of authorities empowered to grant authorisation for the provision of brokering services.
7.1.   Belgium


For the Brussels Capital Region (localities with postal codes 1000 to 1299)






Service Public Régional de Bruxelles Brussels International




Cellule licences — Cel vergunningen




Mr Cataldo ALU




City-Center




Boulevard du Jardin Botanique 20




1035 Bruxelles/Brussel




BELGIQUE/BELGIË




Tel. +32 28003727




Fax +32 28003824




E-mail: calu@sprb.brussels




Website: http://be.brussels/travailler-et-entreprendre/entreprendre-a-bruxelles/permis-licences-autorisations/armes-et-technologies-a-double-usage





For the Walloon Region (localities with postal codes 1300 to 1499 and 4000 to 7999)






Service public de Wallonie




Direction Générale de l'Économie, de l'Emploi et de la Recherche




Direction des Licences d'Armes




Mr Michel Moreels




Chaussée de Louvain 14




5000 Namur




BELGIQUE




Tel. +32 81649751




Fax +32 81649759/60




E-mail: licences.dgo6@spw.wallonie.be




Website: http://economie.wallonie.be/Licences_armes/Accueil.html





For the Flanders Region (localities with postal codes 1500 to 3999 and 8000 to 9999)






Flemish Department of Foreign Affairs




Strategic Goods Control Unit




Mr Michael Peeters




Boudewijnlaan 30, bus 80




1000 Brussel




BELGIË




Tel. +32 25534880




Fax +32 25536037




E-mail: csg@iv.vlaanderen.be




Website: www.vlaanderen.be/csg




7.2.   Bulgaria






Interministerial Commission for Export Control and Non-Proliferation of Weapons of Mass Destruction with the Minister for Economy




1000 Sofia




12 Knyaz Alexander I Str.




BULGARIA




Tel. +359 29407771, +359 29407681




Fax +359 29880727




E-mail: h.atanasov@mi.government.bg and i.bahchevanova@mi.government.bg




Website: www.exportcontrol.bg, http://www.mi.government.bg




7.3.   Czech Republic






Ministry of Industry and Trade Licensing Office




Na Františku 32




110 15 Prague 1




CZECH REPUBLIC




Tel. +420 224907638




Fax +420 224214558 or +420 224221811




E-mail: leitgeb@mpo.cz or dual@mpo.cz




Website: www.mpo.cz




7.4.   Denmark






Exportcontrols




Danish Business Authority




Langelinie Allé 17




2100 Copenhagen




DENMARK




Tel. +45 35291000




Fax +45 35466632




E-mail: eksportkontrol@erst.dk




Website: in English: www.exportcontrols.dk; in Danish: www.eksportkontrol.dk




7.5.   Germany






Federal Office for Economic Affairs and Export Control (Bundesamt für Wirtschaft und Ausfuhrkontrolle)





Frankfurter Strasse 29-35




65760 Eschborn




GERMANY




Tel. +49 6196908-0




Fax +49 6196908-1800




E-mail: ausfuhrkontrolle@bafa.bund.de




Website: http://www.ausfuhrkontrolle.info




7.6.   Estonia






Strategic Goods Commission, Ministry of Foreign Affairs




Islandi väljak 1




15049 Tallinn




ESTONIA




Tel. +372 6377192




Fax +372 6377199




E-mail: stratkom@vm.ee




Website: in English: http://www.vm.ee/?q=en/taxonomy/term/58; in Estonian: http://www.vm.ee/?q=taxonomy/term/50




7.7.   Ireland






Licensing Unit




Department of Jobs, Enterprise and Innovation




23, Kildare Street




Dublin 2




IRELAND




Contact: Claire Pyke, David Martin




Tel. +353 16312530, +353 16312328




E-mail: claire.pyke@djei.ie, david.martin@djei.ie, exportcontrol@djei.ie




Website: https://www.djei.ie/en/What-We-Do/Trade-Investment/Export-Licences/




7.8.   Greece






Ministry of Development, Competitiveness




General Directorate for International Economic Policy




Directorate of Import-Export Regimes and Trade Defence Instruments




Export Regimes and Procedures Unit




Kornarou 1 str




105 63 Athens




GREECE




Contact point: O. Papageorgiou




Tel. +30 2103286047/56/22/21




Fax +30 2103286094




E-mail: opapageorgiou@mnec.gr




7.9.   Spain

The General Secretariat for Foreign Trade (Secretaría General de Comercio Exterior), the Customs Department and the Foreign Office Ministry are the authorities empowered to grant licences and to decide to prohibit the transit of non-Community dual-use items.
Contact point in the Licensing Office: Mr. Ramón Muro Martínez. Subdirector General.





Ministerio de Economía y Competitividad




Paseo de la Castellana, 162, 7a




28046 Madrid




SPAIN




Tel. +34 913492587




Fax +34 913492470




E-mail: RMuro@comercio.mineco.es; sgdefensa.sscc@comercio.mineco.es




Website: http://www.comercio.gob.es/es-ES/comercio-exterior/informacion-sectorial/material-de-defensa-y-de-doble-uso/Paginas/conceptos.aspx




7.10.   France






Ministère de l'Économie, des Finances et de l'Industrie




Direction Générale de la Compétitivité, de l'Industrie et des Services




Service des biens à double usage




DGCIS1/SI/SBDU




61, Boulevard Vincent-Auriol




Télédoc 151 Bâtiment 4 Sieyès




75703 Paris Cedex 13




FRANCE




Tel. +33 144970937




Fax +33 144970990




E-mail: Doublusage@finances.gouv.fr




Website: http://www.industrie.gouv.fr/pratique/bdousage/index.php




7.11.   Croatia






Ministry of Foreign and European Affairs




Sector for Trade Policy and Economic Multilateral Relations




Licencing Division




Trg N. Š. Zrinskog 7-8




10000 Zagreb




CROATIA




Tel. +385 1644625, 626, 627, 628, +385 14569964




Fax +385 1644601, +385 14551795




E-mail: kontrola.izvoza@mvep.hr




Website: http://gd.mvep.hr/hr/kontrola-izvoza/




7.12.   Italy






Ministry of Economic Development




Direction General for International Trade Policy




Export Control Unit




Viale Boston, 25




00144 Roma




ITALY




Tel. +39 0659932439




Fax +39 0659647506




Email: polcom4@mise.gov.it, massimo.cipolletti@mise.gov.it




Website: http://www.mise.gov.it/index.php/it/commercio-internazionale/import-export/dual-use




7.13.   Cyprus






Ministry of Energy, Commerce, Industry and Tourism




6, Andrea Araouzou




1421 Nicosia




CYPRUS




Tel. +357 22867100, 22867332, 22867197




Fax +357 22375120, 22375443




E-mail: Perm.sec@mcit.gov.cy, pevgeniou@mcit.gov.cy, xxenopoulos@mcit.gov.cy




Website: http://www.mcit.gov.cy/ts




7.14.   Latvia






Control Committee for Strategic Goods




Chairman of the Committee: Mr Andris Teikmanis




Executive Secretary: Ms Agnese Kalnina




Ministry of Foreign Affairs




3, K. Valdemara street




Riga, LV-1395




LATVIA




Tel. +371 67016426




Fax +371 67284836




E-mail: agnese.kalnina@mfa.gov.lv




Website: http://www.mfa.gov.lv/arpolitika/drosibas-politika/drosibas-politikas-virzieni/strategiskas-nozimes-precu-kontrole




7.15.   Lithuania


Authorities empowered to grant export authorisations for dual-use items and authorities empowered to grant authorisations for the provision of brokering services:






Ministry of Economy of the Republic of Lithuania




Gedimino ave. 38/Vasario 16 st.2




LT-01104 Vilnius




LITHUANIA




Contact details:




Export Division




Department of Investment and Export




Tel. +370 70664680




E-mail: vienaslangelis@ukmin.lt





Authority empowered to prohibit the transit of non-Community dual-use items:






Customs Department under the Ministry of Finance of the Republic of Lithuania




A. Jaksto str. 1/25




LT-01105 Vilnius




LITHUANIA




Contact details:




Customs Criminal Service




Tel. +370 52616960




E-mail: budetmd@cust.lt




7.16.   Luxembourg






Ministère de l'Économie




Office des licences/Contrôle à l'exportation




19-21, boulevard Royal




2449 Luxembourg




LUXEMBOURG




Postal address:




BP 113




2011 Luxembourg




LUXEMBOURG




Tel. +352 226162




Fax +352 466138




E-mail: office.licences@eco.etat.lu




Website: http://www.eco.public.lu/attributions/dg1/d_commerce_exterieur/office_licences/index.html




7.17.   Hungary






Hungarian Trade Licensing Office




Authority of Defence Industry and Export controls




Magyar Kereskedelmi Engedélyezési Hivatal




Haditechnikai és Exportellenőrzési Hatóság




Budapest




Németvölgyi út 37-39.




1124




HUNGARY




Tel. +36 14585583




Fax +36 14585869




E-mail: eei@mkeh.gov.hu




Website: www.mkeh.gov.hu




7.18.   Malta






Commerce Department




Mr Brian Montebello




Trade Services




MALTA




Tel. +356 25690214




Fax +356 21240516




E-mail: brian.montebello@gov.mt




Website: http://www.commerce.gov.mt/trade_dualitems.asp




7.19.   The Netherlands






Ministry for Foreign Affairs




Directorate-General for International Relations




Department for Trade Policy and Economic Governance




PO Box 20061




2500 EB The Hague




THE NETHERLANDS




Tel. +31 703485954









Dutch Customs/Central Office for Import and Export




PO Box 30003




9700 RD Groningen




THE NETHERLANDS




Tel. +31 881512400




Fax +31 881513182




E-mail: DRN-CDIU.groningen@belastingdienst.nl




Website: www.rijksoverheid.nl/exportcontrole




7.20.   Austria






Federal Ministry of Science, Research and Economy




Division for Foreign Trade Administration




Stubenring 1




1010 Vienna




AUSTRIA




Tel. +43 1711002335




Fax +43 1711008366




E-mail: werner.haider@bmwfw.gv.at, POST.C29@bmwfw.gv.at




Website: www.bmwfw.gv.at




7.21.   Poland






Ministry of Economic Development




Department for Trade in Sensitive Goods and Technical Safety




Pl. Trzech Krzyzy 3/5




00-507 Warszawa




POLAND




Tel. +48 226935445 (sekretariat)




Fax +48 226934034




E-mail: SekretariatDOT@mr.gov.pl




Websites:




http://www.mr.gov.pl/strony/uslugi/jakie-obowiazki-ma-przedsiebiorca/jak-uzyskac-zezwolenie-na-obrot-produktami-podwojnego-zastosowania/




http://www.mr.gov.pl/strony/uslugi/jakie-obowiazki-ma-przedsiebiorca/jak-uzyskac-zezwolenie-na-obrot-uzbrojeniem/




7.22.   Portugal






Autoridade Tributária e Aduaneira




Customs and Taxes Authority




Rua da Alfândega, 5




1049-006 Lisboa




PORTUGAL




Director: Luísa Nobre; Licence Officer: Maria Oliveira




Tel. +351 218813843




Fax +351 218813986




E-mail: dsl@at.gov.pt




Website: http://www.dgaiec.min-financas.pt/pt/licenciamento/bens_tecnologias_duplo_uso/bens_tecnologias_duplo_uso.htm




7.23.   Romania






Ministry of Foreign Affairs




Department for Export Controls — ANCEX




Str. Polonă nr. 8, sector 1




010501, Bucureşti




ROMANIA




Tel. +40 374306950




Fax +40 374306924




E-mail: dancex@mae.ro, dan.marian@mae.ro




Website: www.ancex.ro




7.24.   Slovenia






Ministry of Economic Development and Technology




Kotnikova 5




SI-1000 Ljubljana




SLOVENIA




Tel. +386 14003521




Fax +386 14003611




E-mail: gp.mg@gov.si, dvojna-raba.mg@gov.si




Website: http://www.mgrt.gov.si/si/delovna_podrocja/trgovinska_politika/nadzor_nad_blagom_in_tehnologijami_z_dvojno_rabo/




7.25.   Slovakia

For the purposes of Article 9(6)(a) and Article 10(4) of the Regulation:





Ministry of Economy of the Slovak Republic




Department of Trade Measures




Mierová 19




827 15 Bratislava 212




SLOVAKIA




Tel. +421 248547019




Fax +421 243423915




E-mail: jan.krocka@economy.gov.sk




Website: www.economy.gov.sk




For the purpose of Article 9(6)(b) of the Regulation:





Criminal Office of the Financial Administration




Department of Drugs and Hazardous materials




Coordination Unit




Bajkalská 24




824 97 Bratislava




SLOVAKIA




Tel. +421 258251221




E-mail: Jozef.Pullmann@financnasprava.sk




7.26.   Finland






Ministry for Foreign Affairs of Finland




Export Control Unit




Laivastokatu 22




FI-00160 HELSINKI




Postal address:




PO Box 428




FI-00023 GOVERNMENT




FINLAND




Tel. +358 295350000




E-mail: vientivalvonta.um@formin.fi




Website: http://formin.finland.fi/vientivalvonta




7.27.   Sweden









1.


Inspectorate of Strategic Products (ISP) Inspektionen för strategiska produkter
Visiting address:





Gullfossgatan 6, Kista




SE-164 90 Stockholm




SWEDEN




Tel. +46 84063100




Fax +46 84203100




E-mail: registrator@isp.se.




Website: http://www.isp.se/




ISP is empowered to grant authorisations in all cases except those listed under 2 below












2.


Swedish Radiation Safety Authority (Strålsäkerhetsmyndigheten) Section of Nuclear Non-proliferation and Security





Solna strandväg 96




SE-171 16 Stockholm




SWEDEN




Tel. +46 87994000




Fax +46 87994010




E-Mail: registrator@ssm.se




Website: http://www.ssm.se




The Swedish Radiation Safety Authority is empowered to grant authorisations on and prohibit transit of products in Annex 1, Category 0, to the Regulation (EC) No 428/2009.




7.28.   United Kingdom






Department for Business, Innovation and Skills (BIS)




Export Control Organisation




1 Victoria Street




London SW1H 0ET




UNITED KINGDOM




Tel. +44 2072154594




Fax +44 2072154539




E-mail: eco.help@bis.gov.uk




Website: https://www.gov.uk/government/organisations/export-control-organisation




8.   INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 17 OF THE REGULATION (SPECIALLY EMPOWERED CUSTOMS OFFICES)

Article 17 requires Member States to inform the Commission if they have availed themselves of the option to have customs formalities for the export of dual-use items completed only at customs offices empowered to that end.
The table below provides an overview of the measures taken by Member States, as notified to the Commission. Details on the measures are provided thereafter.






Member State


Have specific customs offices been designated, in relation with Article 17(1), in which customs formalities for the export of dual-use items may be completed?




BELGIUM


NO




BULGARIA


YES




CZECH REPUBLIC


NO




DENMARK


NO




GERMANY


NO




ESTONIA


YES




IRELAND


NO




GREECE


NO




SPAIN


NO




FRANCE


NO




CROATIA


NO




ITALY


NO




CYPRUS


NO




LATVIA


YES




LITHUANIA


YES




LUXEMBOURG


NO




HUNGARY


NO




MALTA


NO




NETHERLANDS


NO




AUSTRIA


NO




POLAND


YES




PORTUGAL


NO




ROMANIA


YES




SLOVENIA


NO




SLOVAKIA


NO




FINLAND


NO




SWEDEN


NO




UNITED KINGDOM


NO




8.1.   Bulgaria

The territorial customs offices of the Republic of Bulgaria for strategic goods have been approved by the General Director of the Customs Agency under Ministry of Finance Order No 55/32-11385 of 14 January 2016 (Official Gazette 9/2016). The list of customs offices in Bulgaria through which dual-use items and technologies may leave or enter the EU customs territory can be found on the following websites:
http://www.exportcontrol.bg/docs/Customs_posts_of_the_Republic_of_Bulgaria_for_defence-related%20_products_DU.pdf
http://www.mi.government.bg/en/themes/evropeisko-i-nacionalno-zakonodatelstvo-v-oblastta-na-eksportniya-kontrol-i-nerazprostranenieto-na-or-225-338.html
8.2.   Estonia

The list of customs offices in Estonia through which dual-use items and technologies may leave or enter the EU customs territory can be found on the following website:
http://www.emta.ee/index.php?id=24795
8.3.   Latvia

The list of customs offices in Latvia through which dual-use items and technologies may leave or enter the EU customs territory can be found on the following website:
http://www.vid.gov.lv/dokumenti/muita/muitas%20kontroles%20punkti/aktual%20mkp%20saraksts%2026.02.2009.xls
8.4.   Lithuania

Territorial customs offices of the Republic of Lithuania for strategic goods were approved by Order Nr. 1B393 of the Director General of the Customs Department under the Ministry of Finance dated 11 June 2010. The list of customs offices in Lithuania through which dual-use items and technologies may leave or enter the EU customs territory is as follows:
1.   VILNIUS CUSTOMS DISTRICT







1.1.


VILNIUS AIRPORT POST, RODŪNIOS KELIAS 2, VILNIUS (VA10/LTVA1000)










1.2.


VILNIUS POST OFFICE POST, RODŪNIOS KELIAS 9, VILNIUS (VP10/LTVP1000)










1.3.


KENA RAILWAY POST, KALVELIŲ K., VILNIAUS R. (VG10/LTVG1000)










1.4.


VAIDOTAI RAILWAY POST, EIŠIŠKIŲ PLENTAS 100, VILNIUS (VG20/LTVG2000)










1.5.


MEDININKAI ROAD POST, KELIAS A3, VILNIAUS R. (VK20/LTVK2000)










1.6.


ŠALČININKAI ROAD POST, KELIAS 104, ŠALČININKŲ R. (VK30/LTVK3000)










1.7.


VILNIUS-KIRTIMAI CARGO POST, METALO G. 2A, VILNIUS (VR30/LTVR3000)










1.8.


VILNIUS-SAVANORIAI CARGO POST, SAVANORIŲ PR. 174A, VILNIUS (VR10/LTVR1000)










1.9.


UTENA CARGO POST, PRAMONĖS G. 5, UTENA (PR40/LTPR4000)




2.   KAUNAS CUSTOMS DISTRICT







2.1.


KAUNAS AIRPORT POST, KARMĖLAVA, KAUNO R. (KA10/LTKA1000)










2.2.


KYBARTAI RAILWAY POST, KUDIRKOS NAUMIESČIO G. 4, KYBARTAI, VILKAVIŠKIO R. (KG30/LTKG3000)










2.3.


KYBARTAI ROAD POST, KELIAS A7, J.BASANAVIČIAUS G. 1, KYBARTAI, VILKAVIŠKIO R. (KK20/LTKK2000)










2.4.


KAUNAS-CENTRE CARGO POST, JOVARŲ G. 3, KAUNAS (KR10/LTKR1000)










2.5.


PANEVĖŽIS CARGO POST, RAMYGALOS G. 151, PANEVĖŽYS (PR20/LTPR2000)




3.   KLAIPĖDA CUSTOMS DISTRICT







3.1.


PALANGA AIRPORT POST, LIEPOJOS PL. 1, PALANGA (LA10/LTLA1000)










3.2.


PANEMUNĖ ROAD POST, KELIAS A12, DONELAIČIO G., PANEMUNĖ, ŠILUTĖS R. (LK40/LTLK4000)










3.3.


KLAIPĖDA CARGO POST, ŠILUTĖS PL. 9, KLAIPĖDA (LR10/LTLR1000)










3.4.


MALKAI SEAPORT POST, PERKĖLOS G. 10, KLAIPĖDA (LU90/LTLU9000)










3.5.


MOLAS SEAPORT POST, NAUJOJI UOSTO G. 23, KLAIPĖDA (LUA0/LTLUA000)










3.6.


PILIS SEAPORT POST, NEMUNO G. 24, KLAIPĖDA (LUB0/LTLUB000)










3.7.


ŠIAULIAI AIRPORT POST, LAKŪNŲ G. 4, ŠIAULIAI (SA10/LTSA1000)










3.8.


RADVILIŠKIS RAILWAY POST, GELEŽINKELIO KALNELIS, RADVILIŠKIS (SG30/LTSG3000)










3.9.


ŠIAULIAI CARGO POST, METALISTŲ G. 4, ŠIAULIAI (SR10/LTSR1000)




8.5.   Poland

The list of customs offices in Poland through which dual-use items and technologies may leave or enter the EU customs territory can be found on the following website:
http://isap.sejm.gov.pl/DetailsServlet?id=WDU20150000136&min=1
8.6.   Romania

The list of customs offices in Romania through which dual-use items and technologies may leave or enter the EU customs territory can be found on the following websites:
http://www.customs.ro/UserFiles/File/nela%20petrescu/anexa%20ordin%20modif%209710.pdf
9.   INFORMATION PROVIDED BY MEMBER STATES IN CONFORMITY WITH ARTICLE 22(5) OF THE REGULATION (INTRA-COMMUNITY TRANSFERS)

Article 22(5) stipulates that Member States imposing an authorisation requirement for the transfer from their territory to another Member State of items not listed in Annex IV to the Regulation (Annex IV lists items which do not benefit from freedom of movement in the single market) must inform the Commission, which must in turn publish this information in the Official Journal of the European Union.

The table below provides an overview of the measures taken by Member States, as notified to the Commission. Details on the measures are provided thereafter.






Member State


Have specific measures been taken to extend intra-EU transfer controls in relation with Article 22(2)?




BELGIUM


NO




BULGARIA


YES




CZECH REPUBLIC


YES




DENMARK


NO




GERMANY


YES




ESTONIA


YES




IRELAND


NO




GREECE


YES




SPAIN


NO




FRANCE


NO




CROATIA


NO




ITALY


NO




CYPRUS


NO




LATVIA


NO




LITHUANIA


NO




LUXEMBOURG


NO




HUNGARY


YES




MALTA


NO




NETHERLANDS


YES




AUSTRIA


NO




POLAND


NO




PORTUGAL


NO




ROMANIA


NO




SLOVENIA


NO




SLOVAKIA


YES




FINLAND


NO




SWEDEN


NO




UNITED KINGDOM


YES




9.1.   Bulgaria

Bulgaria has extended intra-EU transfer controls as set out in Article 22(2) of Regulation (EC) No 428/2009 and has introduced a requirement for additional information to be provided to the competent authorities concerning certain intra-EU transfers as set out in Article 22(9) of Regulation (EC) No 428/2009.
(Article 51, paragraph 8 and paragraph 9 of the Defence-Related Products and Dual-Use Items and Technologies Export Control Act, State Gazette No. 26/29.03.2011, effective 30.06.2012).
9.2.   Czech Republic

Act No 594/2004 Coll. extends controls with regard to intra-EU transfers from the Czech Republic as set out in Article 22(2) of Regulation (EC) No 428/2009.
9.3.   Germany

Section 11 of the Foreign Trade and Payments Regulation of 2 August 2013 (Aussenwirtschaftsverordnung — AWV) extends controls with regard to intra-EU transfers from Germany as set out in Article 22(2) of Regulation (EC) No 428/2009.
9.4.   Estonia

The Strategic Goods Act §3(6) extends controls with regard to intra-EU transfers as stipulated in Article 22(2) of Regulation (EC) No 428/2009.
9.5.   Greece

Section 3.4 of Ministerial Decision No 121837/E3/21837 of 28 September 2009 extends controls with regard to intra-EU transfers from Greece as set out in Article 22(2) of Regulation (EC) No 428/2009.
9.6.   Hungary

Paragraph 16 of the Government Decree No 13 of 2011 ‘on the foreign trade authorisation of dual-use items’ adopts licensing requirement on listed dual-use items for transfers within the EU if the conditions stipulated in Article 22(2) of Regulation (EC) No 428/2009 apply.
9.7.   The Netherlands

An authorisation requirement for intra-EU transfers may be imposed in individual cases with regard to dual-use items. (Article 4a(3) of the Decree for Strategic Goods — Besluit strategische goederen).
9.8.   Slovakia

Paragraph 23(2) of the Act No 39/2011 Coll. extends controls with regard to intra-EU transfers from the Slovak Republic, as set out in Article 22(2) of Regulation (EC) No 428/2009.
9.9.   United Kingdom

Article 7 of the Export Control Order 2008 extends controls with regard to intra-EU transfer from the UK, as set out in Article 22(2) of Regulation (EC) No 428/2009.


(1)  OJ L 134, 29.5.2009, p. 1.