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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)

article  annex_IV

CELEX:  02009R0428-20211007

(List referred to in Article 22(1) of this Regulation) The entries do not always cover the complete description of the item and the related notes in Annex I (). Only Annex I provides for the complete description of the items. The mention of an item in this Annex does not affect the application of the provisions concerning mass-market products in Annex I. The terms appearing in straight double quotes are defined terms in the global definitions list of Annex I. PART I (possibility of National General Authorisation for intra-Community trade) Items of stealth technology Items of the Community strategic control Items of the Community strategic control — Cryptanalysis — Category 5 Part 2 Items of the MTCR technology Exemptions: Annex IV does not control the following items of the MTCR technology: 1. that are transferred on the basis of orders pursuant to a contractual relationship placed by the European Space Agency (ESA) or that are transferred by ESA to accomplish its official tasks;
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)

article  annex_IV

CELEX:  02009R0428-20211007

2. that are transferred on the basis of orders pursuant to a contractual relationship placed by a Member State’s national space organisation or that are transferred by it to accomplish its official tasks; 3. that are transferred on the basis of orders pursuant to a contractual relationship placed in connection with a Community space launch development and production programme signed by two or more European governments; 4. that are transferred to a State-controlled space launching site in the territory of a Member State, unless that Member State controls such transfers within the terms of this Regulation. PART II (no National General Authorisation for intra-Community trade) Items of the CWC (Chemical Weapons Convention) Items of the NSG technology All Category 0 of Annex I is included in Annex IV, subject to the following:
— 0C001: this item is not included in Annex IV;
— 0C002: this item is not included in Annex IV, with the exception of ‘special fissile materials’ as follows:
(a) separated plutonium;
(b) ‘uranium enriched in the isotopes 235 or 233’ to more than 20 %.
— 0C003 only if for use in a ‘nuclear reactor’ (within 0A001.a.);
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)

article  annex_IV

CELEX:  02009R0428-20211007

— 0D001 (‘software’) is included in Annex IV except insofar as it relates to 0C001 or to those items of 0C002 that are excluded from Annex IV;
— 0E001 (‘technology’) is included in Annex IV except insofar as these related to 0C001 or to those items of 0C002 that are excluded from Annex IV.