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.

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Technical Note:

‘Commingled’ is filament to filament blending of thermoplastic fibres and reinforcement fibres in order to produce a fibre reinforcement "matrix" mix in total fibre form.

Technical Notes:

1C011 Metals and compounds, as follows:

Technical Note:

The natural content of hafnium in the zirconium (typically 2 % to 7 %) is counted with the zirconium.

1C012 Materials as follows:

Technical Note:

These materials are typically used for nuclear heat sources.

1C101 Materials and devices for reduced observables such as radar reflectivity, ultraviolet/infrared signatures and acoustic signatures, other than those specified in 1C001, usable in ‘missiles’, "missile" subsystems or unmanned aerial vehicles specified in 9A012 or 9A112.a.

Technical Note:

In 1C101 ‘missile’ means complete rocket systems and unmanned aerial vehicle systems capable of a range exceeding 300 km.

1C102 Resaturated pyrolised carbon-carbon materials designed for space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.

1C107 Graphite and ceramic materials, other than those specified in 1C007, as follows:

Technical Note 1:

In 1C107.f. ‘missile’ means complete rocket systems and unmanned aerial vehicle systems capable of a range exceeding 300 km.

Technical Note 2:

‘Ultra High Temperature Ceramics (UHTC)’ includes:

1C111 Propellants and constituent chemicals for propellants, other than those specified in 1C011, as follows:

Technical Note:

A particle size of 63 μm (ISO R-565) corresponds to 250 mesh (Tyler) or 230 mesh (ASTM standard E-11).

Technical Note:

The natural content of hafnium in the zirconium (typically 2 % to 7 %) is counted with the zirconium.

Technical Note:

Mixed Oxides of Nitrogen (MON) are solutions of Nitric Oxide (NO) in Dinitrogen Tetroxide/Nitrogen Dioxide (N2O4/NO2 ) that can be used in missile systems. There are a range of compositions that can be denoted as MONi or MONij, where i and j are integers representing the percentage of Nitric Oxide in the mixture (e.g., MON3 contains 3 % Nitric Oxide, MON25 25 % Nitric Oxide. An upper limit is MON40, 40 % by weight).

Technical Note:

In 1C111.a.5. ‘missile’ means complete rocket systems and unmanned aerial vehicle systems capable of a range exceeding 300 km.

Technical Note:

Polytetrahydrofuran polyethylene glycol (TPEG) is a block co-polymer of poly 1,4-Butanediol (CAS 110-63-4) and polyethylene glycol (PEG) (CAS 25322-68-3).

Technical Notes:

1C116 Maraging steels, useable in ‘missiles’, having all of the following:

Technical Note 1:

Maraging steels are iron alloy:

Technical Note 2:

In 1C116 ‘missile’ means complete rocket systems and unmanned aerial vehicle systems capable of a range exceeding 300 km.

1C117 Materials for the fabrication of ‘missiles’ components as follows:

Technical Note:

In 1C117 ‘missile’ means complete rocket systems and unmanned aerial vehicle systems capable of a range exceeding 300 km.

1C118 Titanium-stabilised duplex stainless steel (Ti-DSS) having all of the following:

1C202 Alloys, other than those specified in 1C002.b.3. or .b.4., as follows:

Technical Note:

The phrase alloys ‘capable of’ encompasses alloys before or after heat treatment.

1C210

‘Fibrous or filamentary materials’ or prepregs, other than those specified in 1C010.a., .b. or .e., as follows:

Technical Note:

The resin forms the matrix of the composite.

1C216 Maraging steel, other than that specified in 1C116, ‘capable of’ an ultimate tensile strength of 1 950 MPa or more, at 293 K (20 °C).

Technical Note:

The phrase maraging steel ‘capable of’ encompasses maraging steel before or after heat treatment.

1C225 Boron enriched in the boron-10 (10B) isotope to greater than its natural isotopic abundance, as follows: elemental boron, compounds, mixtures containing boron, manufactures thereof, waste or scrap of any of the foregoing.

Technical Note:

The natural isotopic abundance of boron-10 is approximately 18,5 weight per cent (20 atom per cent).

1C226 Tungsten, tungsten carbide, and alloys containing more than 90 % tungsten by weight, other than that specified in 1C117, having both of the following characteristics:

1C227 Calcium having both of the following characteristics:

1C228 Magnesium having both of the following characteristics:

1C229 Bismuth having both of the following characteristics:

1C230 Beryllium metal, alloys containing more than 50 % beryllium by weight, beryllium compounds, manufactures thereof, and waste or scrap of any of the foregoing, other than that specified in the Military Goods Controls.

1C231 Hafnium metal, alloys containing more than 60 % hafnium by weight, hafnium compounds containing more than 60 % hafnium by weight, manufactures thereof, and waste or scrap of any of the foregoing.

1C232 Helium-3 (3He), mixtures containing helium-3, and products or devices containing any of the foregoing.

1C233 Lithium enriched in the lithium-6 (6Li) isotope to greater than its natural isotopic abundance, and products or devices containing enriched lithium, as follows: elemental lithium, alloys, compounds, mixtures containing lithium, manufactures thereof, waste or scrap of any of the foregoing.

Technical Note:

The natural isotopic abundance of lithium-6 is approximately 6,5 weight per cent (7,5 atom per cent).

1C234 Zirconium with a hafnium content of less than 1 part hafnium to 500 parts zirconium by weight, as follows: metal, alloys containing more than 50 % zirconium by weight, compounds, manufactures thereof, waste or scrap of any of the foregoing, other than those specified in 0A001.f.

1C235 Tritium, tritium compounds, mixtures containing tritium in which the ratio of tritium to hydrogen atoms exceeds 1 part in 1 000, and products or devices containing any of the foregoing.

1C236

‘Radionuclides’ appropriate for making neutron sources based on alpha-n reaction, other than those specified in 0C001 and 1C012.a., in the following forms:

Technical Note:

In 1C236 ‘radionuclides’ are any of the following:

1C237 Radium-226 (226Ra), radium-226 alloys, radium-226 compounds, mixtures containing radium-226, manufactures thereof, and products or devices containing any of the foregoing.

1C238 Chlorine trifluoride (ClF3).

1C239 High explosives, other than those specified in the Military Goods Controls, or substances or mixtures containing more than 2 % by weight thereof, with a crystal density greater than 1,8 g/cm3 and having a detonation velocity greater than 8 000 m/s.

1C240 Nickel powder and porous nickel metal, other than those specified in 0C005, as follows:

Technical Note:

1C240.b. refers to porous metal formed by compacting and sintering the materials in 1C240.a. to form a metal material with fine pores interconnected throughout the structure.

1C241 Rhenium, and alloys containing 90 % by weight or more rhenium; and alloys of rhenium and tungsten containing 90 % by weight or more of any combination of rhenium and tungsten, other than those specified in 1C226, having both of the following characteristics:

1C350 Chemicals, which may be used as precursors for toxic chemical agents, as follows, and "chemical mixtures" containing one or more thereof:

1C351 Human and animal pathogens and "toxins", as follows:

1C353

‘Genetic elements’ and ‘genetically-modified organisms’, as follows:

Technical Notes:

1C354 Plant pathogens, as follows:

1C450 Toxic chemicals and toxic chemical precursors, as follows, and "chemical mixtures" containing one or more thereof:

- 5. N,N-Dialkyl [methyl, ethyl or propyl (normal or iso)] aminoethane-2-ols and corresponding protonated salts, other than N,N-Diisopropyl-(beta)-aminoethanol (CAS 96-80-0) and N,N-Diethylaminoethanol (CAS 100-37-8) which are specified in 1C350;

- Note 1: For exports to "States not Party to the Chemical Weapons Convention", 1C450 does not control "chemical mixtures" containing one or more of the chemicals specified in entries 1C450.b.1., .b.2., .b.3., .b.4., .b.5. and .b.6. in which no individually specified chemical constitutes more than 10 % by the weight of the mixture.

1D Software

1D001

"Software" specially designed or modified for the "development", "production" or "use" of equipment specified in 1B001 to 1B003.

1D002

"Software" for the "development" of organic "matrix", metal "matrix" or carbon "matrix" laminates or "composites".

1D003

"Software" specially designed or modified to enable equipment to perform the functions of equipment specified in 1A004.c. or 1A004.d.

1D101

"Software" specially designed or modified for the operation or maintenance of goods specified in 1B101, 1B102, 1B115, 1B117, 1B118 or 1B119.

1D103

"Software" specially designed for analysis of reduced observables such as radar reflectivity, ultraviolet/infrared signatures and acoustic signatures.

1D201

"Software" specially designed for the "use" of goods specified in 1B201.

1E Technology

1E001

"Technology" according to the General Technology Note for the "development" or "production" of equipment or materials specified in 1A002 to 1A005, 1A006.b., 1A007, 1B or 1C.

1E002 Other "technology" as follows:

- c. Being any of the following:

- 1. Zirconia (CAS 1314-23-4) with an average particle size equal to or less than 1 μm and no more than 10 % of the particles larger than 5 μm; or

- 2. Other ceramic powders with an average particle size equal to or less than 5 μm and no more than 10 % of the particles larger than 10 μm;

- 2. Non-"composite" ceramic materials composed of the materials specified in 1E002.c.1.;

1E101

"Technology" according to the General Technology Note for the "use" of goods specified in 1A102, 1B001, 1B101, 1B102, 1B115 to 1B119, 1C001, 1C101, 1C107, 1C111 to 1C118, 1D101 or 1D103.

1E102

"Technology" according to the General Technology Note for the "development" of "software" specified in 1D001, 1D101 or 1D103.

1E103

"Technology" for the regulation of temperature, pressure or atmosphere in autoclaves or hydroclaves, when used for the "production" of "composites" or partially processed "composites".

1E104

"Technology" for the "production" of pyrolytically 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.

1E201

"Technology" according to the General Technology Note for the "use" of goods specified in 1A002, 1A007, 1A202, 1A225 to 1A227, 1B201, 1B225 to 1B235, 1C002.b.3. or .b.4., 1C010.b., 1C202, 1C210, 1C216, 1C225 to 1C241 or 1D201.

1E202

"Technology" according to the General Technology Note for the "development" or "production" of goods specified in 1A007, 1A202 or 1A225 to 1A227.

1E203

"Technology" according to the General Technology Note for the "development" of "software" specified in 1D201.

PART IV

Category 2

CATEGORY 2 - MATERIALS PROCESSING

2A Systems, Equipment and Components

2A001 Anti-friction bearings, bearing systems and components, as follows:

Technical Notes:

2A101 Radial ball bearings, other than those specified in 2A001, having all tolerances specified in accordance with ISO 492 Tolerance Class 2 (or ANSI/ABMA Std 20 Tolerance Class ABEC-9 or other national equivalents), or better and having all of the following characteristics:

2A225 Crucibles made of materials resistant to liquid actinide metals, as follows:

- a. Crucibles having both of the following characteristics:

2A226 Valves having all of the following characteristics:

Technical Note:

For valves with different inlet and outlet diameters, the ‘nominal size’ in 2A226 refers to the smallest diameter.

2B Test, Inspection and Production Equipment

Technical Notes:

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2B001 Machine tools and any combination thereof, for removing (or cutting) metals, ceramics or "composites", which, according to the manufacturer’s technical specification, can be equipped with electronic devices for "numerical control", as follows:

2B002 Numerically controlled optical finishing machine tools equipped for selective material removal to produce non-spherical optical surfaces having all of the following characteristics:

Technical Notes:

For the purposes of 2B002:

2B003

"Numerically controlled" machine tools, specially designed for the shaving, finishing, grinding or honing of hardened (Rc=40 or more) spur, helical and double-helical gears having all of the following:

2B004 Hot "isostatic presses" having all of the following, and specially designed components and accessories therefor:

Technical Note:

The inside chamber dimension is that of the chamber in which both the working temperature and the working pressure are achieved and does not include fixtures. That dimension will be the smaller of either the inside diameter of the pressure chamber or the inside diameter of the insulated furnace chamber, depending on which of the two chambers is located inside the other.

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