Commission Delegated Regulation (EU) 2023/996 of 23 February 2023 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 2023-05-25
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

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.

2B005 Equipment specially designed for the deposition, processing and in-process control of inorganic overlays, coatings and surface modifications, as follows, for substrates specified in column 2, by processes shown in column 1 in the Table following 2E003.f., and specially designed automated handling, positioning, manipulation and control components therefor:

2B006 Dimensional inspection or measuring systems, equipment, position feedback units and "electronic assemblies", as follows:

Technical Note:

The E0,MPE of the most accurate configuration of the CMM specified by the manufacturer (e.g., best of the following: probe, stylus length, motion parameters, environment) and with "all compensations available" shall be compared to the 1,7+L/1 000 μm threshold.

Technical Notes:

For the purposes of 2B006.b.1.:

Technical Note:

For the purposes of 2B006.b., ‘resolution’ is the least increment of a measuring device; on digital instruments, the least significant bit.

2B007

"Robots" having any of the following characteristics and specially designed controllers and "end-effectors" therefor:

Technical Note:

The term Gy (silicon) refers to the energy in Joules per kilogram absorbed by an unshielded silicon sample when exposed to ionising radiation.

2B008

‘Compound rotary tables’ and "tilting spindles", specially designed for machine tools, as follows:

Technical Note:

A ‘compound rotary table’ is a table allowing the workpiece to rotate and tilt about two non-parallel axes

2B009 Spin-forming machines and flow-forming machines, which, according to the manufacturer's technical specification, can be equipped with "numerical control" units or a computer control and having all of the following:

Technical Note:

For the purpose of 2B009, machines combining the function of spin-forming and flow-forming are regarded as flow-forming machines.

2B104

"Isostatic presses", other than those specified in 2B004, having all of the following:

2B105 Chemical vapour deposition (CVD) furnaces, other than those specified in 2B005.a., designed or modified for the densification of carbon-carbon composites.

2B109 Flow-forming machines, other than those specified in 2B009, usable in the "production" of propulsion components and equipment (e.g. motor cases and interstages) for "missiles", and specially designed components as follows:

Technical Note:

Machines combining the function of spin-forming and flow-forming are for the purpose of 2B109 regarded as flow-forming machines.

2B116 Vibration test systems, equipment and components therefor, as follows:

Technical Note:

In 2B116.b., ‘real-time control bandwidth’ means the maximum rate at which a controller can execute complete cycles of sampling, processing data and transmitting control signals.

Technical Note:

In 2B116, ‘bare table’ means a flat table, or surface, with no fixture or fittings.

2B117 Equipment and process controls, other than those specified in 2B004, 2B005.a., 2B104 or 2B105, designed or modified for densification and pyrolysis of structural composite rocket nozzles and reentry vehicle nose tips.

2B119 Balancing machines and related equipment, as follows:

Technical Note:

Indicator heads are sometimes known as balancing instrumentation.

2B120 Motion simulators or rate tables having all of the following characteristics:

2B121 Positioning tables (equipment capable of precise rotary positioning in any axes), other than those specified in 2B120, having all of the following characteristics:

2B122 Centrifuges capable of imparting accelerations greater than 100 g and designed or modified to incorporate slip rings or integrated non-contact devices capable of transferring electrical power, signal information, or both.

2B201 Machine tools and any combination thereof, other than those specified in 2B001, as follows, for removing or cutting metals, ceramics or "composites", which, according to the manufacturer’s technical specification, can be equipped with electronic devices for simultaneous "contouring control" in two or more axes:

Technical Note:

Stated positioning accuracy levels derived under the following procedures from measurements made according to ISO 230-2:1988 7 or national equivalents may be used for each machine tool model if provided to, and accepted by, national authorities instead of individual machine tests. Determination of stated positioning accuracy:

2B204

"Isostatic presses", other than those specified in 2B004 or 2B104, and related equipment, as follows:

Technical Note:

In 2B204 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.

2B206 Dimensional inspection machines, instruments or systems, other than those specified in 2B006, as follows:

Technical Note:

The E0,MPE of the most accurate configuration of the CMM specified according to ISO 10360-2:2009 by the manufacturer (e.g., best of the following: probe, stylus, length, motion parameters, environments) and with all compensations available shall be compared to the (1,7 + L/800) μm threshold.

Technical Note:

For the purpose of 2B206.c. ‘linear displacement’ means the change of distance between the measuring probe and the measured object.

Technical Note:

For the purpose of 2B206.c.2.a. ‘resolution’ is the least increment of a measuring device; on digital instruments, the least significant bit.

Technical Note:

For the purpose of 2B206.d. ‘linear displacement’ means the change of distance between the measuring probe and the measured object.

Technical Notes:

All parameters of measurement values in 2B206 represent plus/minus i.e., not total band.

2B207

"Robots", "end-effectors" and control units, other than those specified in 2B007, as follows:

2B209 Flow forming machines, spin forming machines capable of flow forming functions, other than those specified in 2B009 or 2B109, and mandrels, as follows:

2B219 Centrifugal multiplane balancing machines, fixed or portable, horizontal or vertical, as follows:

2B225 Remote manipulators that can be used to provide remote actions in radiochemical separation operations or hot cells, having either of the following characteristics:

Technical Note:

Remote manipulators provide translation of human operator actions to a remote operating arm and terminal fixture. They may be of ‘master/slave’ type or operated by joystick or keypad.

2B226 Controlled atmosphere (vacuum or inert gas) induction furnaces, other than those specified in 9B001 and 3B001, and power supplies therefor, as follows:

2B227 Vacuum or other controlled atmosphere metallurgical melting and casting furnaces and related equipment as follows:

2B228 Rotor fabrication or assembly equipment, rotor straightening equipment, bellows-forming mandrels and dies, as follows:

Technical Note:

In 2B228.b. such equipment normally consists of precision measuring probes linked to a computer that subsequently controls the action of, for example, pneumatic rams used for aligning the rotor tube sections.

Technical Note:

In 2B228.c. the bellows have all of the following characteristics:

2B230 All types of ‘pressure transducers’ capable of measuring absolute pressures and having all of the following:

Technical Notes:

2B231 Vacuum pumps having all of the following characteristics:

Technical Notes:

2B232 High-velocity gun systems (propellant, gas, coil, electromagnetic, and electrothermal types, and other advanced systems) capable of accelerating projectiles to 1,5 km/s or greater.

2B233 Bellows-sealed scroll-type compressors and bellows-sealed scroll-type vacuum pumps having all of the following:

2B350 Chemical manufacturing facilities, equipment and components, as follows:

Technical Notes:

Technical Note:

In 2B350.i., the term seal refers to only those seals that come into direct contact with the chemical(s) being processed (or are designed to), and provide a sealing function where a rotary or reciprocating drive shaft passes through a pump body.

Technical Notes:

2B351 Toxic gas monitors and monitoring systems and their dedicated detecting components, other than those specified in 1A004, as follows; and detectors; sensor devices; and replaceable sensor cartridges therefor:

2B352 Biological manufacturing and handling equipment, as follows:

Technical Notes:

Technical Note:

Centrifugal separators include decanters.

- 1. Cross (tangential) flow filtration equipment capable of separation of "microorganisms", viruses, toxins or cell cultures having all of the following characteristics:

- b. Having any of the following characteristics:

Technical Note:

In 2B352.d.1.b. ‘sterilised’ denotes the elimination of all viable microbes from the equipment through the use of either physical (e.g. steam) or chemical agents. ‘Disinfected’ denotes a process to reduce the number of microorganisms but not usually of bacterial spores, through the use of chemical agents, without necessarily killing or removing all organisms.

- Note 2: 2B352.f.2. includes any isolator meeting all of the above mentioned characteristics, regardless of its intended use and its designation, except for medical isolators specially designed for barrier nursing or transportation of infected patients.

2C Materials

None.

2D Software

2D001

"Software", other than that specified in 2D002, as follows:

2D002

"Software" for electronic devices, even when residing in an electronic device or system, enabling such devices or systems to function as a "numerical control" unit, capable of co-ordinating simultaneously more than four axes for "contouring control".

- Note 3: 2D002 does not control "software" that is exported with, and the minimum necessary for the operation of, items not specified in Category 2.
2D003

"Software", designed or modified for the operation of equipment specified in 2B002, that converts optical design, workpiece measurements and material removal functions into "numerical control" commands to achieve the desired workpiece form.

2D101

"Software" specially designed or modified for the "use" of equipment specified in 2B104, 2B105, 2B109, 2B116, 2B117 or 2B119 to 2B122.

2D201

"Software" specially designed for the "use" of equipment specified in 2B204, 2B206, 2B207, 2B209, 2B219 or 2B227.

2D202

"Software" specially designed or modified for the "development", "production" or "use" of equipment specified in 2B201.

2D351

"Software", other than that specified in 1D003, specially designed for "use" of equipment specified in 2B351.

2D352

"Software" specially designed for nucleic acid assemblers and synthesisers specified in 2B352.i., that is capable of designing and building functional genetic elements from digital sequence data.

2E Technology

2E001

"Technology" according to the General Technology Note for the "development" of equipment or "software" specified in 2A, 2B or 2D.

2E002

"Technology" according to the General Technology Note for the "production" of equipment specified in 2A or 2B.

2E003 Other "technology", as follows:

- c. ‘Direct-acting hydraulic pressing’;

Technical Note:

‘Direct-acting hydraulic pressing’ is a deformation process which uses a fluid-filled flexible bladder in direct contact with the workpiece.

2E101

"Technology" according to the General Technology Note for the "use" of equipment or "software" specified in 2B004, 2B009, 2B104, 2B109, 2B116, 2B119 to 2B122 or 2D101.

2E201

"Technology" according to the General Technology Note for the "use" of equipment or "software" specified in 2A225, 2A226, 2B001, 2B006, 2B007.b., 2B007.c., 2B008, 2B009, 2B201, 2B204, 2B206, 2B207, 2B209, 2B225 to 2B233, 2D201 or 2D202.

2E301

"Technology" according to the General Technology Note for the "use" of goods specified in 2B350 to 2B352.

Table

Deposition techniques

1. Coating Process (1)8 2. Substrate 3. Resultant Coating
A. Chemical Vapour Deposition (CVD) "Superalloys" Aluminides for internal passages
Ceramics (19) and Low expansion glasses (14) Silicides Carbides Dielectric layers (15) Diamond Diamond-like carbon (17)
Carbon-carbon, Ceramic and Metal "matrix""composites" Silicides Carbides Refractory metals Mixtures thereof (4) Dielectric layers (15) Aluminides Alloyed aluminides (2) Boron nitride
Cemented tungsten carbide (16), Silicon carbide (18) Carbides Tungsten Mixtures thereof (4) Dielectric layers (15)
Molybdenum and Molybdenum alloys Dielectric layers (15)
Beryllium and Beryllium alloys Dielectric layers (15) Diamond Diamond-like carbon (17)
Sensor window materials (9) Dielectric layers (15) Diamond Diamond-like carbon (17)
B. Thermal-Evaporation Physical Vapour Deposition (TE-PVD)
B.1. Physical Vapour Deposition (PVD): Electron-Beam (EB-PVD) "Superalloys" Alloyed silicides Alloyed aluminides (2) MCrAlX (5) Modified zirconia (12) Silicides Aluminides Mixtures thereof (4)
Ceramics (19) and Low expansion glasses (14) Dielectric layers (15)
Corrosion resistant steel (7) MCrAlX (5) Modified zirconia (12) Mixtures thereof (4)
Carbon-carbon, Ceramic and Metal "matrix""composites" Silicides Carbides Refractory metals Mixtures thereof (4) Dielectric layers (15) Boron nitride
Cemented tungsten carbide (16), Silicon carbide (18) Carbides Tungsten Mixtures thereof (4) Dielectric layers (15)
Molybdenum and Molybdenum alloys Dielectric layers (15)
Beryllium and Beryllium alloys Dielectric layers (15) Borides Beryllium
Sensor window materials (9) Dielectric layers (15)
Titanium alloys (13) Borides Nitrides
B.2. Ion assisted resistive heating Physical Vapour Deposition (PVD) (Ion Plating) Ceramics (19) and Low-expansion glasses Dielectric layers (15) Diamond-like carbon (17)
Carbon-carbon, Ceramic and Metal "matrix""composites" Dielectric layers (15)
Cemented tungsten carbide (16), Silicon carbide Dielectric layers (15)
Molybdenum and Molybdenum alloys Dielectric layers (15)
Beryllium and Beryllium alloys Dielectric layers (15)
Sensor window materials (9) Dielectric layers (15) Diamond-like carbon (17)
B.3. Physical Vapour Deposition (PVD): "Laser" Vaporization Ceramics (19) and Low expansion glasses (14) Silicides Dielectric layers (15) Diamond-like carbon (17)
Carbon-carbon, Ceramic and Metal "matrix""composites" Dielectric layers (15)
Cemented tungsten carbide (16), Silicon carbide Dielectric layers (15)
Molybdenum and Molybdenum alloys Dielectric layers (15)
Beryllium and Beryllium alloys Dielectric layers (15)
Sensor window materials (9) Dielectric layers (15) Diamond-like carbon (17)
B.4. Physical Vapour Deposition (PVD): Cathodic Arc Discharge "Superalloys" Alloyed silicides Alloyed aluminides (2) MCrAlX (5)
Polymers (11) and Organic "matrix""composites" Borides Carbides Nitrides Diamond-like carbon (17)
C. Pack cementation (see A above for out-of-pack cementation) (10) Carbon-carbon, Ceramic and Metal "matrix""composites" Silicides Carbides Mixtures thereof (4)
Titanium alloys (13) Silicides Aluminides Alloyed aluminides (2)
Refractory metals and alloys (8) Silicides Oxides
D. Plasma spraying "Superalloys" MCrAlX (5) Modified zirconia (12) Mixtures thereof (4) Abradable Nickel-Graphite Abradable materials containing Ni-Cr-Al Abradable Al-Si-Polyester Alloyed aluminides (2)
Aluminium alloys (6) MCrAlX (5) Modified zirconia (12) Silicides Mixtures thereof (4)
Refractory metals and alloys (8) Aluminides Silicides Carbides
Corrosion resistant steel (7) MCrAlX (5) Modified zirconia (12) Mixtures thereof (4)
Titanium alloys (13) Carbides Aluminides Silicides Alloyed aluminides (2) Abradable Nickel-Graphite Abradable materials containing Ni-Cr-Al Abradable Al-Si-Polyester
E. Slurry Deposition Refractory metals and alloys (8) Fused silicides Fused aluminides except for resistance heating elements
Carbon-carbon, Ceramic and Metal "matrix""composites" Silicides Carbides Mixtures thereof (4)
F. Sputter Deposition "Superalloys" Alloyed silicides Alloyed aluminides (2) Noble metal modified aluminides (3) MCrAlX (5) Modified zirconia (12) Platinum Mixtures thereof (4)
Ceramics and Low- expansion glasses (14) Silicides Platinum Mixtures thereof (4) Dielectic layers (15) Diamond-like carbon (17)
Titanium alloys (13) Borides Nitrides Oxides Silicides Aluminides Alloyed aluminides (2) Carbides
Carbon-carbon, Ceramic and Metal "matrix""composites" Silicides Carbides Refractory metals Mixtures thereof (4) Dielectric layers (15) Boron nitride
Cemented tungsten carbide (16), Silicon carbide (18) Carbides Tungsten Mixtures thereof (4) Dielectric layers (15) Boron nitride
Molybdenum and Molybdenum alloys Dielectric layers (15)
Beryllium and Beryllium alloys Borides Dielectric layers (15) Beryllium
Sensor window materials (9) Dielectric layers (15) Diamond-like carbon (17)
Refractory metals and alloys (8) Aluminides Silicides Oxides Carbides
G. Ion Implantation High temperature bearing steels Additions of Chromium Tantalum or Niobium (Columbium)
Titanium alloys (13) Borides Nitrides
Beryllium and Beryllium alloys Borides
Cemented tungsten carbide (16) Carbides Nitrides

TABLE - DEPOSITION TECHNIQUES - NOTES

- 6. The term ‘aluminium alloys’ refers to alloys having an ultimate tensile strength of 190 MPa or more measured at 293 K (20 °C).

- 7. The term ‘corrosion resistant steel’ refers to AISI (American Iron and Steel Institute) 300 series or equivalent national standard steels.

- 8. ‘Refractory metals and alloys’ include the following metals and their alloys: niobium (columbium), molybdenum, tungsten and tantalum.

- 9. ‘Sensor window materials’, as follows: alumina, silicon, germanium, zinc sulphide, zinc selenide, gallium arsenide, diamond, gallium phosphide, sapphire and the following metal halides: sensor window materials of more than 40 mm diameter for zirconium fluoride and hafnium fluoride.

magnetic disk drives and heads, equipment for the manufacture of disposables, valves for faucets, acoustic diaphragms for speakers, engine parts for automobiles, cutting tools, punching-pressing dies, office automation equipment, microphones or medical devices or moulds, for casting or moulding of plastics, manufactured from alloys containing less than 5 % beryllium.

TABLE - DEPOSITION TECHNIQUES - TECHNICAL NOTE

Processes specified in Column 1 of the Table are defined as follows:

The addition of gases to the vacuum chamber during the coating process to synthesise compound coatings is an ordinary modification of the process.

The use of ion or electron beams, or plasma, to activate or assist the coating's deposition is also a common modification in this technique. The use of monitors to provide in-process measurement of optical characteristics and thickness of coatings can be a feature of these processes.

Specific TE-PVD processes are as follows:

The substrate and powder mixture is contained within a retort which is heated to between 1 030 K (757 °C) and 1 375 K (1 102 °C) for sufficient time to deposit the coating.

PART V

Category 3

CATEGORY 3 - ELECTRONICS

3A Systems, Equipment and Components

3A001 Electronic items as follows:

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