Citation and commencement

1. These Regulations may be cited as the Trade in Dual-Use Items (Council Regulation (EC) No 428/2009 ) (Amendment) Regulations 2022 and come into force on 20th April 2022.

Amendments to Council Regulation (EC) No 428/2009

2. —(1) Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast)( 2 ) is amended as follows.

(2) In Annex I (list of dual-use items)—

(a) in the section headed “definitions of terms used in this Annex”,—

(i) before the definition of “Riot control agent”, insert—

“ “ Resolution ” (2) means the least increment of a measuring device; on digital instruments, the least significant bit. ” ;

(ii) in the definition of “Satellite navigation system”, omit “(GNSS)” and “(RNSS)”;

(iii) in the definition of “Superalloys”, before “at 922 K” insert “and an ultimate tensile strength greater than 850 MPa,” ;

(b) in the section headed “Category 1 – special materials and related equipment”, in entry 1E201, for “1B234” substitute “1B235” ;

(c) in the section headed “Category 2 – materials processing”,—

(i) in entry 2B206.c.2., for “ at a temperature of ± 1 K (± 1 °C); ” substitute “ over a temperature range of ± 1 K (± 1 °C) ” ;

(ii) in entry 2B230, in each instance, for “aluminum” substitute “aluminium” ;

(iii) in entry 2B352.b., for Technical Note 2 substitute—

“ 2. For the purposes of 2B352.b.2.b., cultivation chamber holding devices include single-use cultivation chambers with rigid walls. ” ;

(iv) in entry 2B352.f.2., for Note 2 substitute—

“ Note 2 : 2B352.f.2. includes any isolator meeting all of the abovementioned characteristics, regardless of its intended use and its designation.

Note 3 : 2B352.f.2. does not include isolators specially designed for barrier nursing or transportation of infected patients. ” ;

(v) in entry 2D001.a., after “2B001” insert “to 2B009.” ;

(d) in the section headed “Category 3 – electronics”, in entry 3A228.a., in the Note, for “ 3A228 ” substitute “ 3A228.a. ” ;

(e) in the section headed “Category 9 – aerospace and propulsion”,—

(i) in entry 9B005.a., in the Note, for “ control ” substitute “ apply to ” ;

(ii) in entry 9D005, for “ spacecrafts ” substitute “ spacecraft ” .

(3) In Annex IV, in Part II, in the section headed “items of the NSG technology”, in the table, in entry 3A228.a., in the Note, for “ 3A228 ” substitute “ 3A228.a. ” .