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COMMISSION DELEGATED REGULATION (EU) 2016/1969

 

COMMISSION DELEGATED REGULATION (EU) 2016/1969

of 12 September 2016

amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items, and in particular Article 15(3) thereof,

Whereas:

(1)

Regulation (EC) No 428/2009 requires dual-use items to be subject to effective control when they are exported from or transit through the Union, or are delivered to a third country as a result of brokering services provided by a broker resident or established in the Union.

(2)

Annex I to Regulation (EC) No 428/2009 establishes the common list of dual-use items that are subject to controls in the Union. Decisions on the items subject to controls are taken within the framework of the Australia Group, the Missile Technology Control Regime, the Nuclear Suppliers Group, the Wassenaar Arrangement and the Chemical Weapons Convention.

(3)

The list of dual-use items set out in Annex I to Regulation (EC) No 428/2009 needs to be updated regularly so as to ensure full compliance with international security obligations, to guarantee transparency, and to maintain the competitiveness of economic operators. The changes to the control lists adopted by the international non-proliferation regimes and export control arrangements in 2015 now require another amendment of Annex I to Regulation (EC) No 428/2009. In order to facilitate references for export control authorities and economic operators, Annex I to that Regulation should be updated and consolidated.

(4)

Annexes IIa to IIf to Regulation (EC) No 428/2009 establish Union General Export Authorisations.

(5)

Annex IIg to Regulation (EC) No 428/2009 establishes a list of dual-use items that shall be excluded from the scope of national general export authorisations and Union General Export Authorisaitons.

(6)

Annex IV to Regulation (EC) No 428/2009 establishes authorisation requirements for certain intra-Community transfers.

(7)

The amendments to the EU dual-use control list in Annex I necessitate consequential amendments to Annexes IIa to IIg and Annex IV for dual-use items which are also listed in Annexes IIa to IIg and Annex IV.

(8)

Regulation (EC) No 428/2009 empowers the Commission to update the list of dual-use items set out in Annex I as well as Annexes IIa to IIg and Annex IV by means of delegated acts, in conformity with the relevant obligations and commitments, and any modifications thereto, that Member States have accepted as members of the international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties.

(9)

Regulation (EC) No 428/2009 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I, IIa to IIg and IV to Council Regulation (EC) No 428/2009 are amended in accordance with the Annexes to this Regulation:

(1)

Annex I is replaced by the text set out in Annex I to this Regulation;

(2)

Annexes IIa to IIg are replaced by the text set out in Annex II to this Regulation;

(3)

Annex IV is replaced by the text set out in Annex III to this Regulation.

Article 2

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

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

Done at Brussels, 12 September 2016.

For the Commission

The President

Jean-Claude JUNCKER

General Notes

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Definition of Terms

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Reasons for Control

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