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This website is designed to guide users through the
area of international treaties, conventions, standards and guidelines
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Title: Council Regulation (EC) No. 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology, and Council Regulation (EC) No. 149/2003 amending and updating Regulation (EC) No. 1334/2000. |
Summary of Provisions:Regulation (EC) No. 1334/2000 established a common European Community wide system of controls on exports of dual-use items, to prevent competing national systems causing trade problems, to prevent the encouragement of laxity for economic benefit and to allow dual-use items to move freely inside the internal market. Items considered to be dual-use in nature are included in lists in an annex that was revised in Regulation 149/2003. Dual-use items are defined by the Regulations as "...items, including software and technology, which can be used for both civil and military purposes..." (http://europa.eu.int/eur-lex/pri/en/oj/dat/2000/l_159/l_15920000630en00010215.pdf). The need for further updating of the list is recognised in the Regulations. The Regulation stipulates that exports of dual-use items and technology out of the European Community must have authorisation. These authorisations are applied for in the member state in which the supplier is based. Once granted an authorisation has application across the EC (and is known as a 'Community general export authorisation), and so member states are obliged to inform the other member states and the European Commission of their authorisation decisions. The Regulation provides detailed guidelines on procedure for issuing authorisations. Authorisations may be made on a conditional basis. All items listed in Annex I of Regulation 149/2003 must have authorisation to be exported from the European Community. The Regulations also place obligations on exporters who must provide the necessary information to the authority responsible for the authorisation decision. They must also keep records on their exports of dual-use items, which must include a description of the item, quantity, end use and end user. Member states should refuse to export any items they suspect will have a military end use, or will be used "...in connection with the development, production, handling, operation, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices or the development, production, maintenance or storage of missiles capable of delivering such weapons..." (http://europa.eu.int/eur-lex/pri/en/oj/dat/2000/l_159/l_15920000630en00010215.pdf). Member states may also refuse authorisation on the grounds of concerns about public security or human rights, and if one member state believes that another member states' authorisation threatens its 'essential security interests' it may request that the authorisation is withdrawn. Member states are required to take into account the commitments they have made under international treaties when reaching a decision on authorisation. Member states do not have to implement national legislation to bring this Regulation into force because EU Regulations are directly applicable to member states (see 'a Brief Introduction to European Union Legislation for an explanation of this). However member states must have appropriate penalties for failure to observe the Regulations and must monitor its application and this may require national legislation. Any such legislation is to be notified to the Commission. Annex I which gives the list of dual-use items, specifically refers to its connection with international agreements including the Chemical Weapons Convention and those of the Australia Group. The possibility that microorganisms in the list might be genetically engineered is specifically recognised. As well as listing various bacteria, viruses, ricksettiae, and toxins the Annex includes protective equipment such as gas masks, decontamination equipment, protective suits and detection systems that have been designed to protect against biological and chemical warfare agents, but excluded those "...limited by design or function to protect against hazards specific to civil industries, such as mining, quarrying, agriculture, pharmaceuticals, medical, veterinary, environmental, waste management, or to the food industry." (http://europa.eu.int/eur-lex/pri/en/oj/dat/2003/l_030/l_03020030205en00010215.pdf). Regulation (EC) No. 1334/2000 Related Summaries on the Genomics Gateway Site:Page last updated 18th December 2003 |