Commission Delegated Regulation (EU) 2023/66 of 21 October 2022 amending Regulation (EU) 2021/821 of the European Parliament and of the Council as regards the list of dual-use items

Type Delegated Regulation
Publication 2023-01-11
State In force
Text As published
Department European Commission, TRADE
Source EUR-Lex
articles 2

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Reform history JSON API

Technical Note:

In 0A001.k. ‘external thermal shields’ means major structures placed over the reactor vessel which reduce heat loss from the reactor and reduce temperature within the containment vessel.

0B Test, Inspection and Production Equipment

0B001 Plant for the separation of isotopes of "natural uranium", "depleted uranium" or "special fissile materials", and specially designed or prepared equipment and components therefor, as follows:

Technical Note:

In 0B001.b. ‘high strength-to-density ratio material’ means any of the following:

0B002 Specially designed or prepared auxiliary systems, equipment and components as follows, for isotope separation plant specified in 0B001, made of or protected by "materials resistant to corrosion by UF6 ":

0B003 Plant for the conversion of uranium and equipment specially designed or prepared therefor, as follows:

0B004 Plant for the production or concentration of heavy water, deuterium and deuterium compounds and specially designed or prepared equipment and components therefor, as follows:

0B005 Plant specially designed for the fabrication of "nuclear reactor" fuel elements and specially designed or prepared equipment therefor.

Technical Note:

Specially designed or prepared equipment for the fabrication of "nuclear reactor" fuel elements includes equipment which:

0B006 Plant for the reprocessing of irradiated "nuclear reactor" fuel elements, and specially designed or prepared equipment and components therefor.

Technical Note:

Holding or storage vessels may have the following features:

0B007 Plant for the conversion of plutonium and equipment specially designed or prepared therefor, as follows:

- b. Systems for plutonium metal production.

0C Materials

0C001

"Natural uranium" or "depleted uranium" or thorium in the form of metal, alloy, chemical compound or concentrate and any other material containing one or more of the foregoing;

0C002

"Special fissile materials"

0C003 Deuterium, heavy water (deuterium oxide) and other compounds of deuterium, and mixtures and solutions containing deuterium, in which the isotopic ratio of deuterium to hydrogen exceeds 1:5 000.

0C004 Graphite having a purity level better than 5 parts per million ‘boron equivalent’ and with a density greater than 1,50 g/cm3 for use in a "nuclear reactor", in quantities exceeding 1 kg.

BEZ (ppm) = CF × concentration of element Z in ppm;

and σΒ and σΖ are the thermal neutron capture cross sections (in barns) for naturally occurring boron and element Z respectively; and AB and AZ are the atomic masses of naturally occurring boron and element Z respectively.

0C005

Specially prepared compounds or powders for the manufacture of gaseous diffusion barriers, resistant to corrosion by UF6 (e.g. nickel or alloys containing 60 % by weight or more nickel, aluminium oxide and fully fluorinated hydrocarbon polymers), having a purity of 99,9 % by weight or more and a particle size less than 10 μm measured by ASTM B330 standard and a high degree of particle size uniformity.

0D Software

0D001

"Software" specially designed or modified for the "development", "production" or "use" of goods specified in this Category.

**0E

Technology**

0E001

"Technology" according to the Nuclear Technology Note for the "development", "production" or "use" of goods specified in this Category.

PART III

Category 1

CATEGORY 1 – SPECIAL MATERIALS AND RELATED EQUIPMENT

1A Systems, Equipment and Components

1A001 Components made from fluorinated compounds, as follows:

1A002

"Composite" structures or laminates, as follows:

1A003 Manufactures of non-"fusible" aromatic polyimides in film, sheet, tape or ribbon form having any of the following:

1A004 Protective and detection equipment and components not specially designed for military use, as follows:

Technical Note:

For the purposes of 1A004.a.:

Technical Note:

‘Trace detection’ is defined as the capability to detect less than 1 ppm vapour, or 1 mg solid or liquid.

Technical Notes:

1A005 Body armour and components therefor, as follows:

1A006 Equipment, specially designed or modified for the disposal of Improvised Explosive Devices (IEDs), as follows, and specially designed components and accessories therefor:

Technical Note:

For the purposes of 1A006.b. ‘disruptors’ are devices specially designed for the purpose of preventing the operation of an explosive device by projecting a liquid, solid or frangible projectile.

1A007 Equipment and devices, specially designed to initiate charges and devices containing "energetic materials", by electrical means, as follows:

Technical Notes:

1A008 Charges, devices and components, as follows:

Technical Note:

‘Shaped charges’ are explosive charges shaped to focus the effects of the explosive blast.

1A102 Resaturated pyrolised carbon-carbon components designed for space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.

1A202 Composite structures, other than those specified in 1A002, in the form of tubes and having both of the following characteristics:

1A225 Platinized catalysts specially designed or prepared for promoting the hydrogen isotope exchange reaction between hydrogen and water for the recovery of tritium from heavy water or for the production of heavy water.

1A226 Specialised packings which may be used in separating heavy water from ordinary water, having both of the following characteristics:

1A227

High-density (lead glass or other) radiation shielding windows, having all of the following characteristics, and specially designed frames therefor:

Technical Note:

In 1A227 the term ‘cold area’ means the viewing area of the window exposed to the lowest level of radiation in the design application.

1B Test, Inspection and Production Equipment

1B001 Equipment for the production or inspection of "composite" structures or laminates specified in 1A002 or "fibrous or filamentary materials" specified in 1C010, as follows, and specially designed components and accessories therefor:

Technical Note:

For the purposes of 1B001.b., ‘tape-laying machines’ have the ability to lay one or more ‘filament bands’ limited to widths greater than 25,4 mm and less than or equal to 304,8 mm, and to cut and restart individual ‘filament band’ courses during the laying process.

Technical Note:

For the purposes of 1B001.c., the technique of interlacing includes knitting.

Technical Note:

For the purposes of 1B001.g., ‘tow-placement machines’ have the ability to place one or more ‘filament bands’ having widths less than or equal to 25,4 mm, and to cut and restart individual ‘filament band’ courses during the placement process.

Technical Notes:

1B002 Equipment designed to produce metal alloy powder or particulate materials, and having all of the following:

1B003 Tools, dies, moulds or fixtures, for "superplastic forming" or "diffusion bonding" titanium, aluminium or their alloys, specially designed for the manufacture of any of the following:

1B101 Equipment, other than that specified in 1B001, for the "production" of structural composites as follows; and specially designed components and accessories therefor:

1B102 Metal powder "production equipment", other than that specified in 1B002, and components as follows:

1B115 Equipment, other than that specified in 1B002 or 1B102, for the production of propellant and propellant constituents, as follows, and specially designed components therefor:

1B116 Specially designed nozzles for producing pyrolitically derived materials formed on a mould, mandrel or other substrate from precursor gases which decompose in the 1 573 K (1 300 °C) to 3 173 K (2 900 °C) temperature range at pressures of 130 Pa to 20 kPa.

1B117 Batch mixers having all of the following, and specially designed components therefor:

1B118 Continuous mixers having all of the following, and specially designed components therefor:

1B119 Fluid energy mills usable for grinding or milling substances specified in 1C011.a., 1C011.b., 1C111 or in the Military Goods Controls, and specially designed components therefor.

1B201 Filament winding machines, other than those specified in 1B001 or 1B101, and related equipment, as follows:

1B225 Electrolytic cells for fluorine production with an output capacity greater than 250 g of fluorine per hour.

1B226 Electromagnetic isotope separators designed for, or equipped with, single or multiple ion sources capable of providing a total ion beam current of 50 mA or greater.

1B228 Hydrogen-cryogenic distillation columns having all of the following characteristics:

Technical Note:

In 1B228 ‘effective length’ means the active height of packing material in a packed-type column, or the active height of internal contactor plates in a plate-type column.

1B230 Pumps capable of circulating solutions of concentrated or dilute potassium amide catalyst in liquid ammonia (KNH2/NH3), having all of the following characteristics:

1B231 Tritium facilities or plants, and equipment therefor, as follows:

1B232 Turboexpanders or turboexpander-compressor sets having both of the following characteristics:

1B233 Lithium isotope separation facilities or plants, and systems and equipment therefor, as follows:

1B234 High explosive containment vessels, chambers, containers and other similar containment devices designed for the testing of high explosives or explosive devices and having both of the following characteristics:

- b. Having design elements or features enabling real time or delayed transfer of diagnostic or measurement information.

1B235 Target assemblies and components for the production of tritium as follows:

Technical Note:

Components specially designed for target assemblies for the production of tritium may include lithium pellets, tritium getters, and specially-coated cladding.

1C Materials

Technical Note:

Metals and alloys: Unless provision to the contrary is made, the words ‘metals’ and ‘alloys’ in 1C001 to 1C012 cover crude and semi-fabricated forms, as follows:
Crude forms: Anodes, balls, bars (including notched bars and wire bars), billets, blocks, blooms, brickets, cakes, cathodes, crystals, cubes, dice, grains, granules, ingots, lumps, pellets, pigs, powder, rondelles, shot, slabs, slugs, sponge, sticks;
Semi-fabricated forms (whether or not coated, plated, drilled or punched): a. Wrought or worked materials fabricated by rolling, drawing, extruding, forging, impact extruding, pressing, graining, atomising, and grinding, i.e.: angles, channels, circles, discs, dust, flakes, foils and leaf, forging, plate, powder, pressings and stampings, ribbons, rings, rods (including bare welding rods, wire rods, and rolled wire), sections, shapes, sheets, strip, pipe and tubes (including tube rounds, squares, and hollows), drawn or extruded wire; b. Cast material produced by casting in sand, die, metal, plaster or other types of moulds, including high pressure castings, sintered forms, and forms made by powder metallurgy. The object of the control should not be defeated by the export of non-listed forms alleged to be finished products but representing in reality crude forms or semi-fabricated forms.

1C001 Materials specially designed for absorbing electromagnetic radiation, or intrinsically conductive polymers, as follows:

Technical Note:

Absorption test samples for 1C001.a. Note: 1.c.1. should be a square at least 5 wavelengths of the centre frequency on a side and positioned in the far field of the radiating element.

Technical Note:

‘Open-cell foams’ are flexible and porous materials, having an inner structure open to the atmosphere. ‘Open-cell foams’ are also known as reticulated foams.

Technical Note:

‘Bulk electrical conductivity’ and ‘sheet (surface) resistivity’ should be determined using ASTM D-257 or national equivalents.

1C002 Metal alloys, metal alloy powder and alloyed materials, as follows:

Technical Notes:

Technical Note:

X in the following equals one or more alloying elements.

Technical Notes:

1C003 Magnetic metals, of all types and of whatever form, having any of the following:

Technical Note:

Measurement of initial relative permeability must be performed on fully annealed materials.

Technical Note:

‘Nanocrystalline’ materials in 1C003.c. are those materials having a crystal grain size of 50 nm or less, as determined by X-ray diffraction.

1C004 Uranium titanium alloys or tungsten alloys with a "matrix" based on iron, nickel or copper, having all of the following:

1C005

"Superconductive" "composite" conductors in lengths exceeding 100 m or with a mass exceeding 100 g, as follows:

Technical Note:

For the purpose of 1C005 ‘filaments’ may be in wire, cylinder, film, tape or ribbon form.

1C006 Fluids and lubricating materials, as follows:

1C007 Ceramic powders, ceramic-"matrix" "composite" materials and ‘precursor materials’, as follows:

Technical Note:

For the purposes of 1C007, ‘precursor materials’ are special purpose polymeric or metallo-organic materials used for the "production" of silicon carbide, silicon nitride, or ceramics with silicon, carbon and nitrogen.

1C008 Non-fluorinated polymeric substances as follows:

Technical Notes:

1C009 Unprocessed fluorinated compounds as follows:

1C010

"Fibrous or filamentary materials", as follows:

Technical Notes:

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