Council Regulation (EU) 2022/328 of 25 February 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

Type Regulation
Publication 2022-02-25
State In force
Department Council of the European Union
Source EUR-Lex
articles 2
Reform history JSON API
4.

Repeater equipment;

5.

Regenerator equipment;

6.

Translation encoders (transcoders);

7.

Multiplex equipment (statistical mutiplex included);

8.

Modulators/demodulators (modems);

9.

Transmultiplex equipment (see CCITT Rec. G701);

10.

‘Stored program controlled’ digital cross-connection equipment;

11.

‘Gateways’ and bridges;

12.

‘Media access units’; and

b. Designed for use in single or multi-channel communication via any of the following:

1.

Wire (line);

2.

Coaxial cable;

3.

Optical fibre cable;

4.

Electromagnetic radiation; or

5.

Underwater acoustic wave propagation.

1.

Employing digital techniques, including digital processing of analog signals, and designed to operate at a ‘digital transfer rate’ at the highest multiplex level exceeding 45 Mbit/s or a ‘total digital transfer rate’ exceeding 90 Mbit/s;

Note:X.A.III.101.b.1 does not control equipment specially designed to be integrated and operated in any satellite system for civil use.

2.

Modems using the ‘bandwidth of one voice channel’ with a ‘data signalling rate’ exceeding 9 600 bits per second;

3.

Being ‘stored program controlled’ digital cross connect equipment with

‘digital transfer rate’ exceeding 8,5 Mbit/s per port.

4.

Being equipment containing any of the following:

a. ‘Network access controllers’ and their related common medium having a ‘digital transfer rate’ exceeding 33 Mbit/s; or b. ‘Communication channel controllers’ with a digital output having a ‘data signalling rate’ exceeding 64 000 bit/s per channel; Note:If any uncontrolled equipment contains a ‘network access controller’, it cannot have any type of telecommunications interface, except those described in, but not controlled by X.A.III.101.b.4.

5.

Employing a ‘laser’ and having any of the following characteristics:

a. A transmission wavelength exceeding 1 000 nm; or b. Employing analog techniques and having a bandwidth exceeding 45 MHz; c. Employing coherent optical transmission or coherent optical detection techniques (also called optical heterodyne or homodyne techniques); d. Employing wavelength division multiplexing techniques; or e. Performing ‘optical amplification’;

6.

Radio equipment operating at input or output frequencies exceeding:

a. 31 GHz for satellite-earth station applications; or b. 26,5 GHz for other applications; Note:X.A.III.101.b.6 does not control equipment for civil use when conforming with an International Telecommunications Union (ITU) allocated band between 26,5 GHz and 31 GHz.

7.

Being radio equipment employing any of the following:

a. Quadrature-amplitude-modulation (QAM) techniques above level 4 if the ‘total digital transfer rate’ exceeds 8,5 Mbit/s; b. QAM techniques above level 16 if the ‘total digital transfer rate’ is equal to or less than 8,5 Mbit/s; c. Other digital modulation techniques and having a ‘spectral efficiency’ exceeding 3 bit/s/Hz; or d. Operating in the 1,5 MHz to 87,5 MHz band and incorporating adaptive techniques providing more than 15 dB suppression of an interfering signal. Notes: 1.X.A.III.101.b.7 does not control equipment specially designed to be integrated and operated in any satellite system for civil use. 2.X.A.III.101.b.7 does not control radio relay equipment for operation in an International Telecommunications Union (ITU) allocated band: a. Having any of the following:

1.

Not exceeding 960 MHz; or

2.

With a ‘total digital transfer rate’ not exceeding 8,5 Mbit/s; and

b. Having a ‘spectral efficiency’ not exceeding 4 bit/s/Hz.

c. ‘Stored program controlled’ switching equipment and related signalling systems, having any of the following characteristics, functions or features, and specially designed components and accessories therefor: Note:Statistical multiplexers with digital input and digital output which provide switching are treated as ‘stored program controlled’ switches.

1.

‘Data (message) switching’ equipment or systems designed for ‘packet-mode operation’, electronic assemblies and components therefor, other than those specified in the CML or in Regulation (EU) 2021/821.

2.

Not used;

3.

Routing or switching of ‘datagram’ packets;

Note:X.A.III.101.c.3 does not control networks restricted to using only ‘network access controllers’ or to ‘network access controllers’ themselves.

4.

Not used;

5.

Multi-level priority and pre-emption for circuit switching;

Note:X.A.III.101.c.5 does not control single-level call preemption.

6.

Designed for automatic hand-off of cellular radio calls to other cellular switches or automatic connection to a centralised subscriber data base common to more than one switch;

7.

Containing ‘stored program controlled’ digital cross connect equipment with ‘digital transfer rate’ exceeding 8,5 Mbit/s per port.

8.

‘Common channel signalling’ operating in either non-associated or quasi-associated mode of operation;

9.

‘Dynamic adaptive routing’;

10.

Being packet switches, circuit switches and routers with ports or lines exceeding any of the following:

a. A ‘data signalling rate’ of 64 000 bit/s per channel for a ‘communications channel controller’; or Note:X.A.III.101.c.10.a does not control multiplex composite links composed only of communication channels not individually controlled by X.A.III.101.b.1. b. A ‘digital transfer rate’ of 33 Mbit/s for a ‘network access controller’ and related common media; Note:X.A.III.101.c.10 does not control packet switches or routers with ports or lines not exceeding the limits in X.A.III.101.c.10.

11.

‘Optical switching’;

12.

Employing ‘Asynchronous Transfer Mode’ (‘ATM’) techniques.

d. Optical fibres and optical fibre cables of more than 50 m in length designed for single mode operation;

e. Centralised network control having all of the following characteristics:

1.

Receives data from the nodes; and

2.

Process these data in order to provide control of traffic not requiring operator decisions, and thereby performing ‘dynamic adaptive routing’;

Note 1:X.A.III.101.e does not include cases of routing decisions taken on predefined information. Note 2:X.A.III.101.e does not preclude control of traffic as a function of predictable statistical traffic conditions.

f. Phased array antennas, operating above 10,5 GHz, containing active elements and distributed components, and designed to permit electronic control of beam shaping and pointing, except for landing systems with instruments meeting International Civil Aviation Organization (ICAO) standards (microwave landing systems (MLS)).

g. Mobile communications equipment other than those specified in the CML or in Regulation (EU) 2021/821, electronic assemblies and components therefor; or

h. Radio relay communications equipment designed for use at frequencies equal to or exceeding 19,7 GHz and components therefor, other than those specified in the CML or in Regulation (EU) 2021/821.

For the purpose of X.A.III.101:

1) ‘Asynchronous transfer mode’ (‘ATM’) is a transfer mode in which the information is organised into cells; it is asynchronous in the sense that the recurrence of cells depends on the required or instantaneous bit rate.

2) ‘Bandwidth of one voice channel’ is data communication equipment designed to operate in one voice channel of 3 100 Hz, as defined in CCITT Recommendation G.151.

3) ‘Communications channel controller’ is the physical interface that controls the flow of synchronous or asynchronous digital information. It is an assembly that can be integrated into computer or telecommunications equipment to provide communications access.

4) ‘Datagram’ is a self-contained, independent entity of data carrying sufficient information to be routed from the source to the destination data terminal equipment without reliance on earlier exchanges between this source and destination data terminal equipment and the transporting network.

5) ‘Fast select’ is a facility applicable to virtual calls that allows data terminal equipment to expand the possibility to transmit data in call set-up and clearing ‘packets’ beyond the basic capabilities of a virtual call.

6) ‘Gateway’ is the function, realised by any combination of equipment and ‘software’, to carry out the conversion of conventions for representing, processing or communicating information used on one system into the corresponding, but different conventions used in another system.

7) ‘Integrated Services Digital Network’ (ISDN) is a unified end-to-end digital network, in which data originating from all types of communication (e.g., voice, text, data, still and moving pictures) are transmitted from one port (terminal) in the exchange (switch) over one access line to and from the subscriber.

8) ‘Packet’ is a group of binary digits including data and call control signals that is switched as a composite whole. The data, call control signals, and possible error control information are arranged in a specified format.

9) ‘Common channel signalling’ means the transmission of control information (signalling) via a separate channel than that used for the messages. The signalling channel usually controls multiple message channels.

10) ‘Data signalling rate’ means the rate, as defined in ITU Recommendation 53-36, taking into account that, for non-binary modulation, baud and bit per second are not equal. Bits for coding, checking and synchronization functions are to be included.

11) ‘Dynamic adaptive routing’ means Automatic rerouting of traffic based on sensing and analysis of current actual network conditions

12) ‘Media access unit’ means equipment that contains one or more communication interfaces (‘network access controller’, ‘communications channel controller’, modem or computer bus) to connect terminal equipment to a network.

13) ‘Spectral effiency’ is the ‘digital transfer rate’ [bits/s] / 6 dB spectrum bandwidth in Hz.

14) ‘Stored program controlled’ is a control using instructions stored in an electronic storage that a processor can execute in order to direct the performance of predetermined functions. Note: Equipment may be ‘stored program controlled’ whether the electronic storage is internal or external to the equipment.

X.B.III.101Telecommunications test equipment, other than those specified in the CML or inRegulation (EU) 2021/821.

X.C.III.101Preforms of glass or of any other material optimised for the manufacture of optical fibres controlled by X.A.III.101.

X.D.III.101‘Software’ specially designed or modified for the ‘development’, ‘production’ or ‘use’ of equipment controlled by X.A.III.101 and X.B.III.101, and dynamic adaptive routing software as described as follows:

a. ‘Software’, other than in machine-executable form, specially designed for ‘dynamic adaptive routing’.

b. Not used;

X.E.III.101‘Technology’ for the ‘development’, ‘production’ or ‘use’ of equipment controlled by X.A.III.101 or X.B.III.101, or ‘software’ controlled by X.D.III.101, and other ‘technologies’ as follows:

a. Specific ‘technologies’ as follows:

1.

‘Technology’ for the processing and application of coatings to optical fibre specially designed to make it suitable for underwater use;

2.

‘Technology’ for the ‘development’ of equipment employing ‘Synchronous Digital Hierarchy’ (‘SDH’) or ‘Synchronous Optical Network’ (‘SONET’) techniques.

Technical Note:For the purpose of X.E.III.101:

1) ‘Synchronous digital hierarchy’ (SDH) is a digital hierarchy providing a means to manage, multiplex, and access various forms of digital traffic using a synchronous transmission format on different types of media. The format is based on the Synchronous Transport Module (STM) that is defined by CCITT Recommendation G.703, G.707, G.708, G.709 and others yet to be published. The first level rate of ‘SDH’ is 155,52 Mbits/s.

2) ‘Synchronous optical network’ (SONET) is a network providing a means to manage, multiplex and access various forms of digital traffic using a synchronous transmission format on fibre optics. The format is the North America version of ‘SDH’ and also uses the Synchronous Transport Module (STM). However, it uses the Synchronous Transport Signal (STS) as the basic transport module with a first level rate of 51,81 Mbits/s. The SONET standards are being integrated into those of ‘SDH’.

Category III. Part 2 - Information Security

Note:Category III.Part 2 does not control goods for the personal use of the natural persons.

X.A.III.201Equipment as follows:

a. Not used;

b. Not used;

c. Goods classified as mass market encryption in accordance with Cryptography Note – Note 3 to Category 5, Part 2 (16).

X.D.III.201‘Information Security’‘software’ as follows:

Note:This entry does not control ‘software’ designed or modified to protect against malicious computer damage, e.g., viruses, where the use of ‘cryptography’ is limited to authentication, digital signature and/or the decryption of data or files.

a. Not used;

b. Not used;

c. ‘Software’ classified as mass market encryption software in accordance with Cryptography Note – Note 3 to Category 5, Part 2 (17).

X.E.III.201‘Information Security’‘technology’ according to the General Technology Note, as follows:

a. Not used;

b. ‘Technology’, other than specified in the CML or in Regulation (EU) 2021/821, for the ‘use’ of mass market goods controlled by X.A.III.201.c or mass market ‘software’ controlled by X.D.III.201.c.

Category IV – Sensors and Lasers

X.A.IV.001Marine or terrestrial acoustic equipment, capable of detecting or locating underwater objects or features or positioning surface vessels or underwater vehicles; and specially designed components, other than those specified in the CML or in Regulation (EU) 2021/821.

X.A.IV.002Optical Sensors as follows:

a. Image intensifier tubes and specially designed components therefor, as follows:

1.

Image intensifier tubes having all the following:

a. A peak response in wavelength range exceeding 400 nm, but not exceeding 1 050 nm; b. A microchannel plate for electron image amplification with a hole pitch (center-to-center spacing) of less than 25 micrometers; and c. Having any of the following:

1.

An S-20, S-25 or multialkali photocathode; or

2.

A GaAs or GaInAs photocathode;

2.

Specially designed microchannel plates having both of the following characteristics:

a. 15 000 or more hollow tubes per plate; and b. Hole pitch (center-to-center spacing) of less than 25 micrometers.

b. Direct view imaging equipment operating in the visible or infrared spectrum, incorporating image intensifier tubes having the characteristics listed in X.A.IV.002.a.1.

X.A.IV.003Cameras as follows:

a. Cameras that meet the criteria of Note 3 to 6A003.b.4. (18)

b. Not used;

X.A.IV.004Optics as follows:

a. Optical filters:

1.

For wavelengths longer than 250 nm, comprised of multi-layer optical coatings and having either of the following:

a. Bandwidths equal to or less than 1 nm Full Width Half Intensity (FWHI) and peak transmission of 90 % or more; or b. Bandwidths equal to or less than 0,1 nm FWHI and peak transmission of 50 % or more; Note:X.A.IV.004 does not control optical filters with fixed air gaps or Lyot-type filters.

2.

For wavelengths longer than 250 nm, and having all of the following:

a. Tunable over a spectral range of 500 nm or more; b. Instantaneous optical bandpass of 1,25 nm or less; c. Wavelength resettable within 0,1 ms to an accuracy of 1 nm or better within the tunable spectral range; and d. A single peak transmission of 91 % or more;

3.

Optical opacity switches (filters) with a field of view of 30o or wider and a response time equal to or less than 1 ns;

b. ‘Fluoride fibre’ cable, or optical fibres therefor, having an attenuation of less than 4 dB/km in the wavelength range exceeding 1 000 nm but not exceeding 3 000 nm. Technical Note:For the purpose of X.A.IV.004.b ‘Fluoride fibres’ are fibres manufactured from bulk fluoride compounds.

X.A.IV.005‘Lasers’ as follows:

a. Carbon dioxide (CO2) ‘lasers’ having any of the following:

1.

A CW output power exceeding 10 kW;

2.

A pulsed output with a ‘pulse duration’ exceeding 10 μs; and

a. An average output power exceeding 10 kW; or b. A pulsed ‘peak power’ exceeding 100 kW; or

3.

A pulsed output with a ‘pulse duration’ equal to or less than 10 μs; and

a. A pulse energy exceeding 5 J per pulse and ‘peak power’ exceeding 2,5 kW; or b. An average output power exceeding 2,5 kW;

b. Semiconductor lasers, as follows:

1.

Individual, single-transverse mode semiconductor ‘lasers’ having:

a. An average output power exceeding 100 mW; or b. A wavelength exceeding 1 050 nm;

2.

Individual, multiple-transverse mode semiconductor ‘lasers’, or arrays of individual semiconductor ‘lasers’, having a wavelength exceeding 1 050 nm;

c. Ruby ‘lasers’ having an output energy exceeding 20 J per pulse;

d. Non-‘tunable’‘pulsed lasers’ having an output wavelength exceeding 975 nm but not exceeding 1 150 nm and having any of the following:

1.

A ‘pulse duration’ equal to or exceeding 1 ns but not exceeding 1 μs, and having any of the following:

a. A single transverse mode output and having any of the following:

1.

A ‘wall-plug efficiency’ exceeding 12 % and an ‘average output power’ exceeding 10 W and capable of operating at a pulse repetition frequency greater than 1 kHz; or

2.

An ‘average output power’ exceeding 20 W; or

b. A multiple transverse mode output and having any of the following:

1.

A ‘wall-plug efficiency’ exceeding 18 % and an ‘average output power’ exceeding 30W;

2.

A ‘peak power’ exceeding 200 MW; or

3.

An ‘average output power’ exceeding 50 W; or

2.

A ‘pulse duration’ exceeding 1 μs and having any of the following:

a. A single transverse mode output and having any of the following:

1.

A ‘wall-plug efficiency’ exceeding 12 % and an ‘average output power’ exceeding 10 W and capable of operating at a pulse repetition frequency greater than 1 kHz; or

2.

An ‘average output power’ exceeding 20 W; or

b. A multiple transverse mode output and having any of the following:

1.

A ‘wall-plug efficiency’ exceeding 18 % and an ‘average output power’ exceeding 30 W; or

2.

An ‘average output power’ exceeding 500 W;

e. Non-‘tunable’ continuous wave ‘(CW) lasers’, having an output wavelength exceeding 975 nm but not exceeding 1 150 nm and having any of the following:

1.

A single transverse mode output and having any of the following:

a. A ‘wall-plug efficiency’ exceeding 12 % and an ‘average output power’ exceeding 10 W and capable of operating at a pulse repetition frequency greater than 1 kHz; or b. An ‘average output power’ exceeding 50 W; or

2.

A multiple transverse mode output and having any of the following:

a. A ‘wall-plug efficiency’ exceeding 18 % and an ‘average output power’ exceeding 30 W; or b. An ‘average output power’ exceeding 500 W; Note:X.A.IV.005.e.2.b does not control multiple transverse mode, industrial ‘lasers’ with output power less than or equal to 2 kW with a total mass greater than 1 200 kg. For the purpose of this note, total mass includes all components required to operate the ‘laser’, e.g., ‘laser’, power supply, heat exchanger, but excludes external optics for beam conditioning and/or delivery.

f. Non-‘tunable’‘lasers’, having a wavelength exceeding 1 400 nm, but not exceeding 1 555 nm and having any of the following:

1.

An output energy exceeding 100 mJ per pulse and a pulsed ‘peak power’ exceeding 1 W; or

2.

An average or CW output power exceeding 1 W;

g. Free electron ‘lasers’. Technical Note:For the purpose of X.A.IV.005 ‘Wall-plug efficiency’ is defined as the ratio of ‘laser’ output power (or ‘average output power’) to total electrical input power required to operate the ‘laser’, including the power supply/conditioning and thermal conditioning/heat exchanger.

X.A.IV.006‘Magnetometers’, ‘Superconductive’ electromagnetic sensors, and specially designed components therefor, as follows:

a. ‘Magnetometers’, other than those specified in the CML or in Regulation (EU) 2021/821, having a ‘sensitivity’ lower (better) than 1,0 nT (rms) per square root Hz. Technical Note:For the purposes of X.A.IV.006.a, ‘sensitivity’ (noise level) is the root mean square of the device-limited noise floor which is the lowest signal that can be measured.

b. ‘Superconductive’ electromagnetic sensors, components manufactured from ‘superconductive’ materials:

1.

Designed for operation at temperatures below the ‘critical temperature’ of at least one of their ‘superconductive’ constituents (including Josephson effect devices or ‘superconductive’ quantum interference devices (SQUIDS));

2.

Designed for sensing electromagnetic field variations at frequencies of 1 KHz or less; and

3.

Having any of the following characteristics:

a. Incorporating thin-film SQUIDS with a minimum feature size of less than 2 μm and with associated input and output coupling circuits; b. Designed to operate with a magnetic field slew rate exceeding 1 x 106 magnetic flux quanta per second; c. Designed to function without magnetic shielding in the earth’s ambient magnetic field; or d. Having a temperature coefficient less (smaller) than 0,1 magnetic flux quantum/K.

X.A.IV.007Gravity meters (gravimeters) for ground use, other than those specified in the CML or in Regulation (EU) 2021/821, as follows:

a. Having a static accuracy of less (better) than 100 μGal; or

b. Being of the quartz element (Worden) type.

X.A.IV.008Radar systems, equipment and major components, other than those specified in the CML or in Regulation (EU) 2021/821, and specially designed components therefor, as follows:

a. Airborne radar equipment, other than those specified in the CML or in Regulation (EU) 2021/821, and specially designed components therefor.

b. ‘Space-qualified’‘laser’ radar or Light Detection and Ranging (LIDAR) equipment specially designed for surveying or for meteorological observation.

c. Millimeter wave enhanced vision radar imaging systems specially designed for rotary wing aircraft and having all of the following:

1.

Operates at a frequency of 94 GHz;

2.

An average output power of less than 20 mW;

3.

Radar beam width of 1 degree; and

4.

Operating range equal to or greater than 1 500 m.

X.A.IV.009Specific processing equipment, as follows:

a. Seismic detection equipment not controlled by X.A.IV.009.c.

b. Radiation hardened TV cameras, other than those specified in the CML or in Regulation (EU) 2021/821.

c. Seismic intrusion detection systems that detect, classify and determine the bearing on the source of a detected signal.

X.B.IV.001Equipment, including tools, dies, fixtures or gauges, and other specially designed components and accessories therefor, specially designed or modified for any of the following:

a. For the manufacture or inspection of:

1.

Free electron ‘laser’ magnet wigglers;

2.

Free electron ‘laser’ photo injectors;

b. For the adjustment, to required tolerances, of the longitudinal magnetic field of free electron ‘lasers’.

X.C.IV.001Optical sensing fibres that are modified structurally to have a ‘beat length’ of less than 500 mm (high birefringence) or optical sensor materials not described in 6C002.b (19) and having a zinc content of equal to or more than 6 % by ‘mole fraction.’

Technical Note:For the purpose of X.C.IV.001:

1) ‘Mole fraction’ is defined as the ratio of moles of ZnTe to the sum of the moles of CdTe and ZnTe present in the crystal.

2) ‘Beat length’ is the distance over which two orthogonally polarised signals, initially in phase, must pass in order to achieve a 2 Pi radian(s) phase difference.

X.C.IV.002Optical materials, as follows:

a. Low optical absorption materials, as follows:

1.

Bulk fluoride compounds containing ingredients with a purity of 99,999 % or better; or

Note:X.C.IV.002.a.1 controls fluorides of zirconium or aluminum and variants.

2.

Bulk fluoride glass made from compounds controlled by 6C004.e.1 (20);

b. ‘Optical fibre preforms’ made from bulk fluoride compounds containing ingredients with a purity of 99,999 % or better, ‘specially designed’ for the manufacture of ‘fluoride fibres’ controlled by X.A.IV.004.b.

Technical Note:For the purpose of X.C.IV.002:

1) ‘Fluoride fibres’ are fibres manufactured from bulk fluoride compounds.

2) ‘Optical fibre preforms’ are bars, ingots, or rods of glass, plastic or other materials that have been specially processed for use in fabricating optical fibres. The characteristics of the preform determine the basic parameters of the resultant drawn optical fibres.

X.D.IV.001‘Software’, other than those specified in the CML or in Regulation (EU) 2021/821, specially designed for the ‘development’, ‘production’, or ‘use’ of goods controlled by 6A002, 6A003 (21), X.A.IV.001, X.A.IV.006, X.A.IV.007, or X.A.IV.008.

X.D.IV.002‘Software’ specially designed for the ‘development’ or ‘production’ of equipment controlled by X.A.IV.002, X.A.IV.004, or X.A.IV.005.

X.D.IV.003Other ‘software’, as follows:

a. Air Traffic Control (ATC) ‘software’ application ‘programs’ hosted on general purpose computers located at Air Traffic Control centers, and capable of automatically handing over primary radar target data (if not correlated with secondary surveillance radar (SSR) data) from the host ATC center to another ATC center.

b. ‘Software’ specially designed for seismic intrusion detection systems in X.A.IV.009.c.

c. ‘Source Code’ specially designed for seismic intrusion detection systems in X.A.IV.009.c.

X.E.IV.001‘Technology’ for the ‘development’, ‘production’ or ‘use’ of equipment controlled by X.A.IV.001, X.A.IV.006, X.A.IV.007, X.A.IV.008 or X.A.IV.009.c.

X.E.IV.002‘Technology’ for the ‘development’ or ‘production’ of equipment, materials or ‘software’ controlled by X.A.IV.002, X.A.IV.004, or X.A.IV.005, X.B.IV.001, X.C.IV.001, X.C.IV.002, or X.D.IV.003.

X.E.IV.003Other ‘technology’ as follows:

a. Optical fabrication technologies for serially producing optical components at a rate exceeding 10 m2 of surface area per year on any single spindle and having all of the following:

1.

Area exceeding 1 m2; and

2.

Surface figure exceeding λ/10 (rms) at the designed wavelength;

b. ‘Technology’ for optical filters with a bandwidth equal to or less than 10 nm, a field of view (FOV) exceeding 40o and a resolution exceeding 0,75 line pairs per milliradian;

c. ‘Technology’ for the ‘development’ or ‘production’ of cameras controlled by X.A.IV.003;

d. ‘Technology’ required for the ‘development’ or ‘production’ of non-triaxial fluxgate ‘magnetometers’ or non-triaxial fluxgate ‘magnetometer’ systems, having any of the following:

1.

‘Sensitivity’ lower (better) than 0,05 nT (rms) per square root Hz at frequencies of less than 1 Hz; or

2.

‘Sensitivity’ lower (better) than 1 x 10-3 nT (rms) per square root Hz at frequencies of 1 Hz or more.

e. ‘Technology’ required for the ‘development’ or ‘production’ of infrared up-conversion devices having all of the following:

1.

A response in the wavelength range exceeding 700 nm but not exceeding 1 500 nm; and

2.

A combination of an infrared photodetector, light emitting diode (OLED), and nanocrystal to convert infrared light into visible light.

Technical Note:For the purposes of X.E.IV.003, ‘sensitivity’ (or noise level) is the root mean square of the device-limited noise floor which is the lowest signal that can be measured.

Category V – Navigation and Avionics

X.A.V.001Airborne communication equipment, all ‘aircraft’ inertial navigation systems, and other avionic equipment, including components, other than those specified in the CML or in Regulation (EU) 2021/821.

Note 1:X.A.V.001. does not control headsets or microphones.

Note 2:X.A.V.001. does not control goods for the personal use of the natural persons.

X.B.V.001Other equipment specially designed for the test, inspection, or ‘production’ of navigation and avionics equipment.

X.D.V.001‘Software’, other than specified in the CML or in Regulation (EU) 2021/821, for the ‘development’, ‘production’, or ‘use’ of navigation, airborne communication and other avionics.

X.E.V.001‘Technology’, other than specified in the CML or in Regulation (EU) 2021/821, for the ‘development’, ‘production’ or ‘use’ of navigation, airborne communication, and other avionics equipment.

Category VI – Marine

X.A.VI.001Vessels, marine systems or equipment, and specially designed components therefor, components and accessories as follows:

a. Underwater vision systems, as follows:

1.

Television systems (comprising camera, lights, monitoring and signal transmission equipment) having a limiting resolution when measured in air of more than 500 lines and specially designed or modified for remote operation with a submersible vehicle; or

2.

Underwater television cameras having a limiting resolution when measured in air of more than 700 lines;

Technical Note:Limiting resolution in television is a measure of horizontal resolution usually expressed in terms of the maximum number of lines per picture height discriminated on a test chart, using IEEE Standard 208/1960 or any equivalent standard.

b. Photographic still cameras specially designed or modified for underwater use, having a film format of 35 mm or larger, and having autofocusing or remote focusing ‘specially designed’ for underwater use;

c. Stroboscopic light systems, specially designed or modified for underwater use, capable of a light output energy of more than 300 J per flash;

d. Other underwater camera equipment, other than those specified in the CML or in Regulation (EU) 2021/821;

e. Not used;

f. Vessels (surface or underwater), including inflatable boats, and specially designed components therefor, other than those specified in the CML or in Regulation (EU) 2021/821; Note:X.A.VI.001.f does not control vessels on temporary sojourn, used for private transport or for the transport of passengers or goods from or through the customs territory of the Union.

g Marine engines (both inboard and outboard) and submarine engines and specially designed components therefor, other than those specified in the CML or in Regulation (EU) 2021/821;

h. Self-contained underwater breathing apparatus (scuba gear) and accessories therefor, other than those specified in the CML or in Regulation (EU) 2021/821;

i. Life jackets, inflation cartridges, dive compasses and dive computers; Note:X.A.VI.001.i does not control goods for the personal use of the natural persons.

j. Underwater lights and propulsion equipment; Note:X.A.VI.001.j does not control goods for the personal use of the natural persons.

k. Air compressors and filtration system specially designed for filling air cylinders;

X.D.VI.001‘Software’ specially designed or modified for the ‘development’, ‘production’ or ‘use’ of equipment controlled by X.A.VI.001.

X.D.VI.002‘Software’ specially designed for the operation of unmanned submersible vehicles used in the oil and gas industry.

X.E.VI.001‘Technology’ for the ‘development’, ‘production’ or ‘use’ of equipment controlled by X.A.VI.001.

Category VII – Aerospace and Propulsion

X.A.VII.001Diesel engines, and tractors and specially designed components therefor, other than those specified in the CML or in Regulation (EU) 2021/821.

a. Diesel engines, other than those specified in the CML or in Regulation (EU) 2021/821, for trucks, tractors, and automotive applications, having an overall power output of 298kW or more.

b. Off highway wheel tractors of carriage capacity 9 t or more; and major components and accessories, other than those specified in the CML or in Regulation (EU) 2021/821.

c. Road tractors for semi-trailers, with single or tandem rear axles rated for 9 t per axel or more and specially designed major components.

Note:X.A.VII.001.b and X.A.VII.001.c do not control vehicles on temporary sojourn, used for private transport or for the transport of passengers or goods from or through the customs territory of the Union.

X.A.VII.002Gas turbine engines and components, other than those specified in the CML or in Regulation (EU) 2021/821.

a. Not used.

b. Not used.

c. Aero gas turbine engines and components specially designed therefor. Note:X.A.VII.002.c does not control aero gas turbine engines that are destined for use in civil ‘aircraft’ and that have been in use in bona fide civil ‘aircraft’ for more than eight years. If they have been in use in bona fide civil ‘aircraft’ for more than eight years, see ANNEX XI.

d. Not used.

e. Pressurised aircraft breathing equipment components specially designed therefor, other than those specified in the CML or in Regulation (EU) 2021/821.

X.B.VII.001Vibration test equipment and specially designed components, other than those specified in the CML or in Regulation (EU) 2021/821.

Note:X.B.VII.001. controls only equipment for the ‘development’ or ‘production’. It does not control condition monitoring systems.

X.B.VII.002Specially designed ‘equipment’, tooling or fixtures for manufacturing or measuring gas turbine blades, vanes or tip shroud castings, as follows:

a. Automated equipment using non-mechanical methods for measuring airfoil wall thickness;

b. Tooling, fixtures or measuring equipment for the ‘laser’, water jet or ECM/EDM hole drilling processes controlled by 9E003.c (22)

c. Ceramic core leaching equipment;

d. Ceramic core manufacturing equipment or tools;

e. Ceramic shell wax pattern preparation equipment;

f. Ceramic shell burn out or firing equipment.

X.D.VII.001‘Software’, other than those specified in the CML or in Regulation (EU) 2021/821, for the ‘development’ or ‘production’ of equipment controlled by X.A.VII.001 or X.B.VII.001.

X.D.VII.002‘Software’, for the ‘development’ or ‘production’ of equipment controlled by X.A.VII.002 or X.B.VII.002.

X.E.VII.001‘Technology’, other than those specified in the CML or in Regulation (EU) 2021/821, for the ‘development’ or ‘production’ or ‘use’ of equipment controlled by X.A.VII.001 or X.B.VII.001.

X.E.VII.002‘Technology’, for the ‘development’, ‘production’ or ‘use’ of equipment controlled by X.A.VII.002 or X.B.VII.002.

X.E.VII.003Other ‘technology’, not described by 9E003 (23) , as follows:

a. Rotor blade tip clearance control systems employing active compensating casing ‘technology’ limited to a design and development data base; or

b. Gas bearing for turbine engine rotor assemblies.’

ANNEX VII

‘ANNEX VIII

List of partner countries referred to in Articles 2(4), 2a(4) and 2d(4)

THE UNITED STATES OF AMERICA’

ANNEX VIII

‘ANNEX IX

A. Model for supply, transfer or export notification, application and authorisation forms

(referred to in Article 2c of this Regulation)

The export authorisation is valid in all Member States of the European Union until its expiry date.

B. Model for brokering services/ technical assistance notification, application and authorisation forms

(referred to in Article 2C of this Regulation)

ANNEX IX

‘ANNEX X

CN Product
8479 89 97 or 8543 70 90 Alkylation and isomerization units
8479 89 97 or 8543 70 90 Aromatic hydrocarbon production units
8419 40 00 Atmospheric-vacuum crude distillation units (CDU)
8479 89 97 or 8543 70 90 Catalytic reforming / cracker units
8419 89 98 , 8419 89 30 or 8419 89 10 Delayed cokers
8419 89 98 , 8419 89 30 or 8419 89 10 Flexicoking units
8479 89 97 Hydrocracking reactors
8419 89 98 , 8419 89 30 ,8419 89 10 , or 8479 89 97 Hydrocracking reactor vessels
8479 89 97 or 8543 70 90 Hydrogen generation technology
8421 39 15 , 8421 39 25 , 8421 39 35 , 8421 39 85 , 8479 89 97 or 8543 70 90 Hydrogen recovery and purification technology
8479 89 97 or 8543 70 90 Hydrotreatment technology/units
8479 89 97 or 8543 70 90 Naphtha isomerisation units
8479 89 97 or 8543 70 90 Polymerisation units
8419 89 10 , 8419 89 30 , or 8419 89 98 , 8479 89 97 or 8543 70 90 Refinery fuel gas treatment and sulphur recovery technology (including amine scrubbing units, sulphur recovery units, tail gas treatment units)
8456 90 00 , 8479 89 97 or 8543 70 90 Solvent de-asphalting units
8479 89 97 or 8543 70 90 Sulphur production units
8479 89 97 or 8543 70 90 Sulphuric acid alkylation and sulphuric acid regeneration units
8419 89 10 , 8419 89 30 ,or 8419 89 98 , 8479 89 97 or 8543 70 90 Thermal cracking units
8479 89 97 or 8543 70 90 [Toluene and heavy aromatics] Transalkylation units
8479 89 97 or 8543 70 90 Visbreakers
8479 89 97 or 8543 70 90 Vacuum gas oil hydrocracking units’

ANNEX X

‘ANNEX XI

CN Code Description
88 Aircraft, spacecraft, and parts thereof’

ANNEX XI

‘ANNEX XII

List of legal persons, entities and bodies referred to in Article 5(2)(c)

ANNEX XII

‘ANNEX XIII

List of legal persons, entities and bodies referred to in Article 5(4)(a)

(*1) Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast) (OJ L 206, 11.6.2021, p. 1).

(*2) Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1).

(*3) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).’;

(*4) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).’;

(1) Ref. Annex I to Regulation (EU) 2021/821

(2) Ref. Annex I to Regulation (EU) 2021/821

(3) Ref. Annex I to Regulation (EU) 2021/821

(4) Ref. Annex I to Regulation (EU) 2021/821

(5) Ref. Annex I to Regulation (EU) 2021/821

(6) Ref. Annex I to Regulation (EU) 2021/821

(7) Ref. Annex I to Regulation (EU) 2021/821

(8) Ref. Annex I to Regulation (EU) 2021/821

(9) Ref. Annex I to Regulation (EU)2021/821

(10) Ref. Annex I to Regulation (EU) 2021/821

(11) Ref. Annex I to Regulation (EU) 2021/821

(12) Ref. Annex I to Regulation (EU) 2021/821

(13) Ref. Annex I to Regulation (EU) 2021/821

(14) Ref. Annex I to Regulation (EU) 2021/821

(15) Ref. Annex I to Regulation (EU) 2021/821

(16) Ref. Annex I to Regulation (EU) 2021/821

(17) Ref. Annex I to Regulation (EU) 2021/821

(18) Ref. Annex I to Regulation (EU) 2021/821

(19) Ref. Annex I to Regulation (EU) 2021/821

(20) Ref. Annex I to Regulation (EU) 2021/821

(21) Ref. Annex I to Regulation (EU) 2021/821

(22) Ref. Annex I to Regulation (EU) 2021/821;

(23) Ref. Annex I to Regulation (EU) 2021/821

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