Regulation (EC) No. 428/2009 (Dual Use)
 Regulation (EC) No. 428/2009 |
|
|---|---|
| Title: | Council Regulation (EC) No. 428/2009 of 5 May 2009 on Community rules for the control of the export, transfer, brokering and transit of dual-use goods |
| Designation: (not official) |
Dual-use regulation |
| Scope: | EU |
| Legal matter: | Commercial law |
| Basis: | EGV , especially Art. 133 |
| Procedure overview: |
European Commission European Parliament IPEX Wiki |
| To be used from: | August 27, 2009 |
| Reference: | OJ L 134 of 29.5.2009, pp. 1–269 |
| Full text |
Consolidated version (not official) basic version |
| Regulation has entered into force and is applicable. | |
| Please note the information on the current version of legal acts of the European Union ! | |
The Regulation (EC) no. 428/2009 (dual-use) of the Council of 5 May 2009 setting up a Community regime for the control of exports of goods and technologies with dual-use is a regulation of the European Community to license requirements for the export of goods and technologies that a dual-use ( English dual-use have) both military and civilian. It is known colloquially as the dual-use regulation .
basis
The regulation is based on the Treaty on the Functioning of the European Union (TFEU), specifically Art. 207 (1) TFEU. This reads:
“The common commercial policy is shaped according to uniform principles; This applies in particular to changes in tariffs, the conclusion of tariff and trade agreements, the standardization of liberalization measures, export policy and trade protection measures, for example in the case of dumping and subsidies. "
Dual purpose
The ordinance understands the term “dual use” to mean goods that can be used for both civil and military purposes. This includes all goods that can be used both for non-explosive purposes and for any form of assistance in the manufacture of nuclear weapons , chemical or biological weapons and their deployment, including data processing programs and technology.
export
The export relates to those referred to in Article 161 of the Community Customs Code , the re- export to those referred to in Article 182 of the Customs Code and the transmission of software or technology via electronic media, fax or telephone. The export of the goods mentioned in the list is subject to export controls and requires a permit. Furthermore, in 2009 the scope was expanded to include “control facts” for certain brokering activities (“brokering”) of goods with a dual purpose. In Germany, these are formulated in Sections 41 and 41a of the Foreign Trade and Payments Ordinance, which also applies in addition to the EC Ordinance.
Sanctioned goods
The Council Regulation (EC) No. 428/2009 on a Community regime for the control of the export, transfer, brokering and transit of dual-use goods lists nine categories with a large number of goods and a number of indexed exporting countries. This list consists of the four individual control lists of the Australian Group , the Missile Technology Control Regime (MTCR), the Nuclear Suppliers Group and the Wassenaar Agreement, as well as the list of the Chemical Weapons Convention .
Web links
- Regulation (EC) No. 428/2009 (download page in all languages, both PDF or HTML)
Individual evidence
- ↑ Regulation (EC) No. 428/2009 in the consolidated version of July 2, 2014 , p. 22.
- ↑ Federal Office of Economics and Export Control; EU regulations
- ↑ Regulation (EU) No. 1232/2011 of the European Parliament and of the Council of November 16, 2011 amending Regulation (EC) No. 428/2009 of the Council on Community rules for the control of exports, transfers, brokering and the transit of dual-use goods
