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COUNCIL OF THE EUROPEAN UNION

Brussels, 7 July 2004

11121/04 Interinstitutional File: 2004/0112 (ACC) COMER 133 PESC 599 ECO 133 UD 99 ATO 75 CONOP 30 "I/A" ITEM NOTE from : General Secretariat of the Council to : Permanent Representatives' Committee/Council No. prev. doc. : 10996/04 COMER 132 PESC 581 ECO 132 UD 98 ATO 66 CONOP 28 No. Cion prop. : 9097/04 COMER 105 PESC 329 ECO 98 UD 64 ATO 50 CONOP 17 Subject Council Regulation (EC) amending and updating Regulation (EC) 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology

1.

Council Regulation (EC) No 1334/2000 of 22 June 2000 subjects dual-use items (including software and technology) to export controls.

2.

To ensure that controls are fully effective and comply with Member States' commitments at multilateral level, Article 3 of the Regulation requires authorisation for the export of the items listed in Annex I to the Regulation.

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3.

Article 11 of the Regulation provides that the list of dual use items set out in Annex I and Annex IV (items subject to intra-Community controls) shall be updated in conformity with the relevant obligations and commitments and any modification thereof that each Member State has accepted as a member of international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties.

4.

In order to take into account changes adopted by the Wassenaar Arrangement, the Australia Group and the Missile Technology Control Regime during the year 2003, and to adjust Annex II to the Regulation further to enlargement, on 18 June 2004 the Commission forwarded to the Council a proposal for a Council Regulation amending and updating Regulation (EC) 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology, based on Article 133 of the TEC.

5.

For the sake of clarity, the proposed amending regulation includes the four annexes referred to in Council Regulation (EC) 1334/2000. Annex I and Annex II (which sets out the conditions for the granting of the Community General Export Authorisation) have been amended and updated.

6.

The Working Party on Dual Use Goods has agreed that, after insertion of further amendments to Annex I in order to bring it into line with decisions adopted recently by the Australia Group, the amended and updated regulation should be published without delay.

7.

The Permanent Representatives Committee could therefore recommend that the Council:

­

adopt the abovementioned Regulation as finalised by the Working Party of Legal/Linguistic Experts (doc. 10996/04 COMER 132 PESC 581 ECO 132 UD 98 ATO 66 CONOP 28) as an "A" item on the agenda for a forthcoming meeting.

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