Commission Delegated Regulation (EU) 2024/2547 of 5 September 2024 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 2024-11-07
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
2D001 "Software", other than that specified in 2D002, as follows: a. "Software" specially designed or modified for the "development" or "production" of equipment specified in 2A001 or 2B001 to 2B009 b. "Software" specially designed or modified for the "use" of equipment specified in 2A001.c., 2B001 or 2B003 to 2B009. Note: 2D001 does not control part programming "software" that generates "numerical control" codes for machining various parts.
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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 1: 2D002 does not control "software" specially designed or modified for the operation of items not specified in Category 2. Note 2: 2D002 does not control "software" for items specified in 2B002. See 2D001 and 2D003 for "software" for items specified in 2B002. 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.
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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.
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2D101 "Software" specially designed or modified for the "use" of equipment specified in 2B104, 2B105, 2B109, 2B116, 2B117 or 2B119 to 2B122. N.B. SEE ALSO 9D004.
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2D201 "Software" specially designed for the "use" of equipment specified in 2B204, 2B206, 2B207, 2B209, 2B219 or 2B227.
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2D202 "Software" specially designed or modified for the "development", "production" or "use" of equipment specified in 2B201. Note: 2D202 does not control part programming "software" that generates "numerical control" command codes but does not allow direct use of equipment for machining various parts.
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2D351 "Software", other than that specified in 1D003, specially designed for "use" of equipment specified in 2B351.
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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. Note: 2E001 includes "technology" for the integration of probe systems into coordinate measurement machines specified in 2B006.a.
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2E002 "Technology" according to the General Technology Note for the "production" of equipment specified in 2A or 2B.
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2E003 Other "technology", as follows: a. Not used; b. "Technology" for metal-working manufacturing processes, as follows: 1. "Technology" for the design of tools, dies or fixtures specially designed for any of the following processes: a. "Superplastic forming"; b. "Diffusion bonding"; or c. 'Direct-acting hydraulic pressing'; Technical Note: For the purposes of 2E003.b.1.c., 'direct-acting hydraulic pressing' is a deformation process which uses a fluid-filled flexible bladder in direct contact with the workpiece. 2. Not used; N.B. For "technology" for metal-working manufacturing processes for gas turbine engines and components, see 9E003 and the Military Goods Controls. c. "Technology" for the "development" or "production" of hydraulic stretch-forming machines and dies therefor, for the manufacture of airframe structures; d. Not used; e. "Technology" for the "development" of integration "software" for incorporation of expert systems for advanced decision support of shop floor operations into "numerical control" units; f. "Technology" for the application of inorganic overlay coatings or inorganic surface modification coatings (specified in column 3 of the following table) to non-electronic substrates (specified in column 2 of the following table), by processes specified in column 1 of the following table and defined in the Technical Note. Note: The table and Technical Note appear after entry 2E301. N.B. This table should be read to specify the "technology" for a particular Coating Process only when the Resultant Coating in column 3 is in a paragraph directly across from the relevant Substrate under column 2. For example, Chemical Vapour Deposition (CVD) coating process technical data are included for the application of silicides to carbon-carbon, ceramic and metal "matrix" "composites" substrates, but are not included for the application of silicides to 'cemented tungsten carbide' (16), 'silicon carbide' (18) substrates. In the second case, the resultant coating is not listed in the paragraph under column 3 directly across from the paragraph under column 2 listing 'cemented tungsten carbide' (16), 'silicon carbide' (18).
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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.
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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.
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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)14 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

1. The term 'coating process' includes coating repair and refurbishing as well as original coating.
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2. The term 'alloyed aluminide coating' includes single or multiple-step coatings in which an element or elements are deposited prior to or during application of the aluminide coating, even if these elements are deposited by another coating process. It does not, however, include the multiple use of single-step pack cementation processes to achieve alloyed aluminides.
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3. The term 'noble metal modified aluminide' coating includes multiple-step coatings in which the noble metal or noble metals are laid down by some other coating process prior to application of the aluminide coating.
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4. The term 'mixtures thereof' includes infiltrated material, graded compositions, co-deposits and multilayer deposits and are obtained by one or more of the coating processes specified in the Table.
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5. 'MCrAlX' refers to a coating alloy where M equals cobalt, iron, nickel or combinations thereof and X equals hafnium, yttrium, silicon, tantalum in any amount or other intentional additions over 0,01 % by weight in various proportions and combinations, except: a. CoCrAlY coatings which contain less than 22 % by weight of chromium, less than 7 % by weight of aluminium and less than 2 % by weight of yttrium; b. CoCrAlY coatings which contain 22 to 24 % by weight of chromium, 10 to 12 % by weight of aluminium and 0,5 to 0,7 % by weight of yttrium; or c. NiCrAlY coatings which contain 21 to 23 % by weight of chromium, 10 to 12 % by weight of aluminium and 0,9 to 1,1 % by weight of yttrium.
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6. The term 'aluminium alloys' refers to alloys having an ultimate tensile strength of 190 MPa or more measured at 293 K (20 °C).
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7. The term 'corrosion resistant steel' refers to AISI (American Iron and Steel Institute) 300 series or equivalent national standard steels.
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8. 'Refractory metals and alloys' include the following metals and their alloys: niobium (columbium), molybdenum, tungsten and tantalum.
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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.
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10. Category 2 does not include "technology" for single-step pack cementation of solid aerofoils.
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11. 'Polymers', as follows: polyimide, polyester, polysulphide, polycarbonates and polyurethanes.
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12. 'Modified zirconia' refers to additions of other metal oxides (e.g., calcia, magnesia, yttria, hafnia, rare earth oxides) to zirconia in order to stabilise certain crystallographic phases and phase compositions. Thermal barrier coatings made of zirconia, modified with calcia or magnesia by mixing or fusion, are not controlled.
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13. 'Titanium alloys' refers only to aerospace alloys having an ultimate tensile strength of 900 MPa or more measured at 293 K (20 °C).
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14. 'Low-expansion glasses' refers to glasses which have a coefficient of thermal expansion of 1 × 10-7 K-1 or less measured at 293 K (20 °C).
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15. 'Dielectric layers' are coatings constructed of multi-layers of insulator materials in which the interference properties of a design composed of materials of various refractive indices are used to reflect, transmit or absorb various wavelength bands. Dielectric layers refers to more than four dielectric layers or dielectric/metal "composite" layers.
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16. 'Cemented tungsten carbide' does not include cutting and forming tool materials consisting of tungsten carbide/(cobalt, nickel), titanium carbide/(cobalt, nickel), chromium carbide/nickel-chromium and chromium carbide/nickel.
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17. "Technology" for depositing diamond-like carbon on any of the following is not controlled: 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.
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18. 'Silicon carbide' does not include cutting and forming tool materials.
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19. Ceramic substrates, as used in this entry, does not include ceramic materials containing 5 % by weight, or greater, clay or cement content, either as separate constituents or in combination.

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

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