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.

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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.

6A205

"Lasers", "laser" amplifiers and oscillators, other than those specified in 0B001.g.5., 0B001.h.6. and 6A005, as follows:

- 4. Pulse width of less than 200 ns;

6A225 Velocity interferometers for measuring velocities exceeding 1 km/s during time intervals of less than 10 microseconds.

6A226 Pressure sensors, as follows:

6B Test, Inspection and Production Equipment

6B002 Masks and reticles, specially designed for optical sensors specified in 6A002.a.1.b. or 6A002.a.1.d.

6B004 Optical equipment as follows:

6B007 Equipment to produce, align and calibrate land-based gravity meters with a static "accuracy" of better than 0,1 mGal.

6B008 Pulse radar cross-section measurement systems having transmit pulse widths of 100 ns or less, and specially designed components therefor.

6B108 Systems, other than those specified in 6B008, specially designed for radar cross section measurement usable for ‘missiles’ and their subsystems.

Technical Note:

In 6B108 ‘missile’ means complete rocket systems and unmanned aerial vehicle systems capable of a range exceeding 300 km.

6C Materials

6C002 Optical sensor materials as follows:

- 3. Mercury cadmium telluride (HgCdTe) of any purity level.

Technical Note:

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

6C004 Optical materials as follows:

- 2. Second order non-linear susceptibility (χ(2), chi 2) of 3,3 × 10–11 m/V or more;

- d. "Substrate blanks" of silicon carbide or beryllium beryllium (Be/Be) deposited materials, exceeding 300 mm in diameter or major axis length;

- e. Glass, including fused silica, phosphate glass, fluorophosphate glass, zirconium fluoride (ZrF4) (CAS 7783-64-4) and hafnium fluoride (HfF4) (CAS 13709-52-9) and having all of the following:

- 1. A hydroxyl ion (OH-) concentration of less than 5 ppm;

6C005

"Laser" materials as follows:

Technical Notes:

6D Software

6D001

"Software" specially designed for the "development" or "production" of equipment specified in 6A004, 6A005, 6A008 or 6B008.

6D002

"Software" specially designed for the "use" of equipment specified in 6A002.b., 6A008 or 6B008.

6D003 Other "software" as follows:

Technical Note:

‘Average side lobe level’ in 6D003.h.2.b. is measured over the entire array excluding the angular extent of the main beam and the first two side lobes on either side of the main beam.

6D102

"Software" specially designed or modified for the "use" of goods specified in 6A108.

6D103

"Software" which processes post-flight, recorded data, enabling determination of vehicle position throughout its flight path, specially designed or modified for ‘missiles’.

Technical Note:

In 6D103 ‘missiles’ means complete rocket systems and unmanned aerial vehicle systems capable of a range exceeding 300 km.

6D203

"Software" specially designed to enhance or release the performance of cameras or imaging devices to meet the characteristics of 6A203.a. to 6A203.c.

6E Technology

6E001

"Technology" according to the General Technology Note for the "development" of equipment, materials or "software" specified in 6A, 6B, 6C or 6D.

6E002

"Technology" according to the General Technology Note for the "production" of equipment or materials specified in 6A, 6B or 6C.

6E003 Other "technology" as follows:

Technical Note:

‘Optical thickness’ is the mathematical product of the index of refraction and the physical thickness of the coating.

6E101

"Technology" according to the General Technology Note for the "use" of equipment or "software" specified in 6A002, 6A007.b. and .c., 6A008, 6A102, 6A107, 6A108, 6B108, 6D102 or 6D103.

6E201

"Technology" according to the General Technology Note for the "use" of equipment specified in 6A003, 6A005.a.2., 6A005.b.2., 6A005.b.3., 6A005.b.4., 6A005.b.6., 6A005.c.2., 6A005.d.3.c., 6A005.d.4.c., 6A202, 6A203, 6A205, 6A225 or 6A226.

6E203

"Technology", in the form of codes or keys, to enhance or release the performance of cameras or imaging devices to meet the characteristics of 6A203.a. to 6A203.c.

PART IX

Category 7

CATEGORY 7 - NAVIGATION AND AVIONICS

7A Systems, Equipment and Components

For radar, see Category 6.

7A001 Accelerometers as follows and specially designed components therefor:

7A002 Gyros or angular rate sensors, having any of the following and specially designed components therefor:

7A003

‘Inertial measurement equipment or systems’, having any of the following:

Technical Note:

‘Positional aiding references’ independently provide position, and include:

Technical Note:

The performance parameters in 7A003.a.1., 7A003.a.2. and 7A003.a.3. typically apply to ‘inertial measurement equipment or systems’ designed for "aircraft", vehicles and vessels, respectively. These parameters result from the utilisation of specialised non-positional aiding references (e.g., altimeter, odometer, velocity log). As a consequence, the specified performance values cannot be readily converted between these parameters. Equipment designed for multiple platforms are evaluated against each applicable entry 7A003.a.1., 7A003.a.2., or 7A003.a.3.

Technical Note:

7A003.b. refers to systems in which ‘inertial measurement equipment or systems’ and other independent ‘positional aiding references’ are built into a single unit (i.e., embedded) in order to achieve improved performance.

7A004

‘Star trackers’ and components therefor, as follows:

- 2. Data processing units.

Technical Note:

‘Star trackers’ are also referred to as stellar attitude sensors or gyro-astro compasses.

7A005

"Satellite navigation system" receiving equipment having any of the following and specially designed components therefor:

Technical Note:

For the purposes of 7A005.b. ‘adaptive antenna systems’ dynamically generate one or more spatial nulls in an antenna array pattern by signal processing in the time domain or frequency domain.

7A006 Airborne altimeters operating at frequencies other than 4,2 to 4,4 GHz inclusive and having any of the following:

Technical Note:

‘Power management’ is changing the transmitted power of the altimeter signal so that received power at the "aircraft" altitude is always at the minimum necessary to determine the altitude.

7A008 Underwater sonar navigation systems using doppler velocity or correlation velocity logs integrated with a heading source and having a positioning "accuracy" of equal to or less (better) than 3 % of distance travelled "Circular Error Probable" ("CEP") and specially designed components therefor.

See 8A002 for other marine systems.

7A101 Linear accelerometers, other than those specified in 7A001, designed for use in inertial navigation systems or in guidance systems of all types, usable in ‘missiles’, having all of the following characteristics, and specially designed components therefor:

- Note: 7A101 does not control accelerometers specially designed and developed as Measurement While Drilling (MWD) Sensors for use in downhole well service operations.

Technical Notes:

- 1. In 7A101 ‘missile’ means complete rocket systems and unmanned aerial vehicle systems capable of a range exceeding 300 km;

7A102 All types of gyros, other than those specified in 7A002, usable in ‘missiles’, with a rated "drift rate" ‘stability’ of less than 0,5o (1 sigma or rms) per hour in a 1 g environment and specially designed components therefor.

Technical Notes:

7A103 Instrumentation, navigation equipment and systems, other than those specified in 7A003, as follows; and specially designed components therefor:

Technical Note:

‘Inertial measurement equipment or systems’ specified in 7A103.a. incorporate accelerometers or gyros to measure changes in velocity and orientation in order to determine or maintain heading or position without requiring an external reference once aligned.

Technical Notes:

Technical Note:

In 7A103 ‘missile’ means complete rocket systems and unmanned aerial vehicle systems capable of a range exceeding 300 km.

7A104

Gyro-astro compasses and other devices, other than those specified in 7A004, which derive position or orientation by means of automatically tracking celestial bodies or satellites and specially designed components therefor.

7A105 Receiving equipment for ‘navigation satellite systems’, other than those specified in 7A005, having any of the following characteristics, and specially designed components therefor:

Technical Note:

In 7A105, ‘navigation satellite system’ includes Global Navigation Satellite Systems (GNSS; e.g., GPS, GLONASS, Galileo or BeiDou) and Regional Navigation Satellite Systems (RNSS; e.g., NavIC, QZSS).

7A106 Altimeters, other than those specified in 7A006, of radar or laser radar type, designed or modified for use in space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.

7A115 Passive sensors for determining bearing to specific electromagnetic source (direction finding equipment) or terrain characteristics, designed or modified for use in space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.

7A116 Flight control systems and servo valves, as follows; designed or modified for use in space launch vehicles specified in 9A004, sounding rockets specified in 9A104 or "missiles".

7A117

"Guidance sets", usable in "missiles" capable of achieving system accuracy of 3,33 % or less of the range (e.g., a ‘CEP’ of 10 km or less at a range of 300 km).

Technical Note:

In 7A117 ‘CEP’ (Circular Error Probable or Circle of Equal Probability) is a measure of accuracy, defined as the radius of the circle centred at the target, at a specific range, in which 50 % of the payloads impact.

7B Test, Inspection and Production Equipment

7B001 Test, calibration or alignment equipment, specially designed for equipment specified in 7A.

Technical Notes:

The failure of an inertial navigation unit is detected on the "aircraft" by indications from the Control and Display Unit (CDU) or by the status message from the corresponding sub-system. By following the manufacturer's manual, the cause of the failure may be localised at the level of the malfunctioning Line Replaceable Unit (LRU). The operator then removes the LRU and replaces it with a spare.

The defective LRU is sent to the maintenance workshop (the manufacturer's or that of the operator responsible for level II maintenance). At the maintenance workshop, the malfunctioning LRU is tested by various appropriate means to verify and localise the defective Shop Replaceable Assembly (SRA) module responsible for the failure. This SRA is removed and replaced by an operative spare. The defective SRA (or possibly the complete LRU) is then shipped to the manufacturer. ‘Maintenance Level II’ does not include the disassembly or repair of controlled accelerometers or gyro sensors.

7B002 Equipment specially designed to characterize mirrors for ring "laser" gyros, as follows:

7B003 Equipment specially designed for the "production" of equipment specified in 7A.

7B102 Reflectometers specially designed to characterise mirrors, for "laser" gyros, having a measurement accuracy of 50 ppm or less (better).

7B103

"Production facilities" and "production equipment" as follows:

7C Materials

None.

7D Software

7D001

"Software" specially designed or modified for the "development" or "production" of equipment specified in 7A or 7B.

7D002

"Source code" for the operation or maintenance of any inertial navigation equipment, including inertial equipment not specified in 7A003 or 7A004, or Attitude and Heading Reference Systems (‘AHRS’).

Technical Note:

‘AHRS’ generally differ from Inertial Navigation Systems (INS) in that an ‘AHRS’ provides attitude and heading information and normally does not provide the acceleration, velocity and position information associated with an INS.

7D003 Other "software" as follows:

- b. "Source code" for hybrid integrated systems which improves the operational performance or reduces the navigational error of systems to the level specified in 7A003 or 7A008 by continuously combining heading data with any of the following:

- 1. Doppler radar or sonar velocity data;

- 2. "Satellite navigation system" reference data; or

- 3. Data from "Data-Based Referenced Navigation" ("DBRN") systems;

7D004

"Source code" incorporating "development" "technology" specified in 7E004.a.2., 7E004.a.3., 7E004.a.5., 7E004.a.6. or 7E004.b., for any of the following:

7D005

"Software" specially designed to decrypt "satellite navigation system" ranging code designed for government use.

7D101

"Software" specially designed or modified for the "use" of equipment specified in 7A001 to 7A006, 7A101 to 7A106, 7A115, 7A116.a., 7A116.b., 7B001, 7B002, 7B003, 7B102 or 7B103.

7D102 Integration "software" as follows:

7D103

"Software" specially designed for modelling or simulation of the "guidance sets" specified in 7A117 or for their design integration with the space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.

7D104

"Software" specially designed or modified for the operation or maintenance of "guidance sets" specified in 7A117.

7E Technology

7E001

"Technology" according to the General Technology Note for the "development" of equipment or "software", specified in 7A, 7B, 7D001, 7D002, 7D003, 7D005 and 7D101 to 7D103.

7E002

"Technology" according to the General Technology Note for the "production" of equipment specified in 7A or 7B.

7E003

"Technology" according to the General Technology Note for the repair, refurbishing or overhaul of equipment specified in 7A001 to 7A004.

7E004 Other "technology" as follows:

Technical Note:

‘Primary flight control’ is "aircraft" stability or manoeuvring control using force/moment generators, i.e. aerodynamic control surfaces or propulsive thrust vectoring.

Technical Note:

A ‘flight control optical sensor array’ is a network of distributed optical sensors, using "laser" beams, to provide real-time flight control data for on-board processing.

Technical Note:

‘Flight path optimisation’ is a procedure that minimises deviations from a four-dimensional (space and time) desired trajectory based on maximising performance or effectiveness for mission tasks.

Technical Note:

‘Inner-loop’ refers to functions of "active flight control systems" that automate airframe stability controls.

Technical Note:

‘Abnormal changes in aircraft state’ include in-flight structural damage, loss of engine thrust, disabled control surface, or destabilising shifts in cargo load.

Technical Note:

‘Variable geometry aerofoils’ use trailing edge flaps or tabs, or leading edge slats or pivoted nose droop, the position of which can be controlled in flight.

7E101

"Technology" according to the General Technology Note for the "use" of equipment specified in 7A001 to 7A006, 7A101 to 7A106, 7A115 to 7A117, 7B001, 7B002, 7B003, 7B102, 7B103, 7D101 to 7D103.

7E102

"Technology" for protection of avionics and electrical subsystems against electromagnetic pulse (EMP) and electromagnetic interference (EMI) hazards, from external sources, as follows:

7E104

"Technology" for the integration of the flight control, guidance, and propulsion data into a flight management system for optimisation of rocket system trajectory.

PART X

Category 8

CATEGORY 8 - MARINE

8A Systems, Equipment and Components

8A001 Submersible vehicles and surface vessels, as follows:

Technical Notes:

- 1. Unmanned submersible vehicles having any of the following:

- 1. Dynamic positioning systems capable of position keeping within 20 m of a given point provided by the navigation system; or

8A002 Marine systems, equipment and components, as follows:

Technical Note:

The objective of 8A002.a.4. should not be defeated by the export of ‘syntactic foam’ specified in 8C001 when an intermediate stage of manufacture has been performed and it is not yet in the final component form.

- 2. Maintaining the position of the vehicle within 10 m of a predetermined point in the water column; or

- 3. Maintaining the position of the vehicle within 10 m while following a cable on or under the seabed;

- c. Fibre optic pressure hull penetrators;

- d. Underwater vision systems having all of the following:

Technical Note:

Only functions having proportionally related motion control using positional feedback are counted when determining the number of degrees of ‘freedom of movement’.

Technical Note:

‘Active noise reduction or cancellation systems’ incorporate electronic control systems capable of actively reducing equipment vibration by the generation of anti-noise or anti-vibration signals directly to the source.

8B Test, Inspection and Production Equipment

8B001 Water tunnels designed to have a background noise of less than 100 dB (reference 1 μPa, 1 Hz) within the frequency range exceeding 0 Hz but not exceeding 500 Hz and designed for measuring acoustic fields generated by a hydro-flow around propulsion system models.

8C Materials

8C001

‘Syntactic foam’ designed for underwater use and having all of the following:

Technical Note:

‘Syntactic foam’ consists of hollow spheres of plastic or glass embedded in a resin "matrix".

8D Software

8D001

"Software" specially designed or modified for the "development", "production" or "use" of equipment or materials, specified in 8A, 8B or 8C.

8D002 Specific "software" specially designed or modified for the "development", "production", repair, overhaul or refurbishing (re-machining) of propellers specially designed for underwater noise reduction.

8E Technology

8E001

"Technology" according to the General Technology Note for the "development" or "production" of equipment or materials, specified in 8A, 8B or 8C.

8E002 Other "technology" as follows:

Technical Note:

A ‘small waterplane area vessel’ is defined by the following formula: waterplane area at an operational design draft less than 2 × (displaced volume at the operational design draft)2/3.

PART XI

Category 9

CATEGORY 9 – AEROSPACE AND PROPULSION

9A Systems, Equipment and Components

9A001 Aero gas turbine engines having any of the following:

9A002

‘Marine gas turbine engines’ designed to use liquid fuel and having all of the following, and specially designed assemblies and components therefor:

Technical Note:

For the purposes of 9A002, ‘corrected specific fuel consumption’ is the specific fuel consumption of the engine corrected to a marine distillate liquid fuel having a net specific energy (i.e. net heating value) of 42MJ/kg (ISO 3977-2:1997).

9A003 Specially designed assemblies or components, incorporating any of the "technologies" specified in 9E003.a., 9E003.h. or 9E003.i., for any of the following aero gas turbine engines:

9A004 Space launch vehicles, "spacecraft", "spacecraft buses", "spacecraft payloads", "spacecraft" on-board systems or equipment, terrestrial equipment, air-launch platforms and "sub-orbital craft" as follows:

Technical Note:

For the purposes of 9A004.f.2., ‘verification of operational procedures’ is any of the following:

9A005 Liquid rocket propulsion systems containing any of the systems or components, specified in 9A006.

9A006 Systems and components, specially designed for liquid rocket propulsion systems, as follows:

9A007 Solid rocket propulsion systems having any of the following:

Technical Note:

‘Strong mechanical bond’ means bond strength equal to or more than propellant strength.

9A008 Components specially designed for solid rocket propulsion systems, as follows:

Technical Note:

‘Strong mechanical bond’ means bond strength equal to or more than propellant strength.

Technical Note:

‘Structural efficiency ratio (PV/W)’ is the burst pressure (P) multiplied by the vessel volume (V) divided by the total pressure vessel weight (W).

9A009 Hybrid rocket propulsion systems having any of the following:

9A010 Specially designed components, systems and structures, for launch vehicles, launch vehicle propulsion systems or "spacecraft", as follows:

Technical Note:

For the purposes of 9A010.d., ‘response time’ is the time required to achieve 90 % of total rated thrust from start-up.

9A011 Ramjet, scramjet or ‘combined cycle engines’, and specially designed components therefor.

Technical Note:

For the purposes of 9A011, ‘combined cycle engines’ combine two or more of the following types of engines:

9A012

"Unmanned aerial vehicles" ("UAVs"), unmanned "airships", related equipment and components, as follows:

Technical Notes:

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