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Document 32010R0567
Council Regulation (EU) No 567/2010 of 29 June 2010 amending Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea
Council Regulation (EU) No 567/2010 of 29 June 2010 amending Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea
Council Regulation (EU) No 567/2010 of 29 June 2010 amending Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea
OJ L 163, 30/06/2010, p. 15–29
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
No longer in force, Date of end of validity: 31/08/2017; Implicitly repealed by 32017R1509
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Modifies | 32007R0329 | Replacement | annex 1BI | 01/07/2010 | |
52009PC0497 |
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Implicitly repealed by | 32017R1509 | 01/09/2017 |
30.6.2010 |
EN |
Official Journal of the European Union |
L 163/15 |
COUNCIL REGULATION (EU) No 567/2010
of 29 June 2010
amending Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 215(1) thereof,
Having regard to Common Position 2006/795/CFSP of 20 November 2006 concerning restrictive measures against the Democratic People’s Republic of Korea (1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the Commission,
Whereas:
(1) |
In line with Common Position 2006/795/CFSP, Regulation (EC) No 329/2007 (2) in particular restricts the supply, sale, transfer or export to the Democratic People’s Republic of Korea (hereinafter referred to as ‘North Korea’) of certain items, materials, equipment, goods and technology, that could contribute to North Korea’s nuclear-related, other weapons of mass destruction-related or ballistic missiles-related programmes, in addition to those determined by the UN Security Council or the Sanctions Committee. |
(2) |
These items are listed in Annex Ia to Regulation (EC) No 329/2007 and need to be revised in order to maintain their effectiveness. |
(3) |
Regulation (EC) No 329/2007 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 329/2007 is hereby amended as follows:
Annex Ia to Regulation (EC) No 329/2007 is replaced with the text set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 29 June 2010.
For the Council
The President
E. ESPINOSA
ANNEX
‘ANNEX Ia
Goods and technology referred to in articles 2 and 3
Other items, materials, equipment, goods and technology which could contribute to North Korea's nuclear-related, other weapons of mass destruction-related or ballistic missile-related programmes
1. |
Unless otherwise stated, reference numbers used in the column entitled “Description” refer to the descriptions of dual use items and technology set out in Annex I to Regulation (EC) No 428/2009 (1). |
2. |
A reference number in the column entitled “Related item from Annex I to Regulation (EC) No 428/2009” means that the characteristics of the item described in the column “Description” lie outside the parameters set out in the description of the dual use entry referred to. |
3. |
Definitions of terms between “single quotation marks” are given in a technical note to the relevant item. |
4. |
Definitions of terms between “double quotation marks” can be found in Annex I to Regulation (EC) No 428/2009. |
GENERAL NOTES
1. |
The object of the prohibitions contained in this Annex should not be defeated by the export of any non-prohibited goods (including plant) containing one or more prohibited components when the prohibited component or components are the principal element of the goods and can feasibly be removed or used for other purposes.
N.B.: In judging whether the prohibited component or components are to be considered the principal element, it is necessary to weigh the factors of quantity, value and technological know-how involved and other special circumstances which might establish the prohibited component or components as the principal element of the goods being procured. |
2. |
Goods specified in this Annex include both new and used goods. |
GENERAL TECHNOLOGY NOTE (GTN)
(To be read in conjunction with Part C.)
1. |
The sale, supply, transfer or export of “technology” which is “required” for the “development”, “production” or “use” of goods the sale, supply, transfer or export of which is prohibited in Part A (Goods) below, is prohibited in accordance with the provisions of Part B. |
2. |
The “technology”“required” for the “development”, “production” or “use” of prohibited goods remains under prohibition even when applicable to non-prohibited goods. |
3. |
Prohibitions do not apply to that “technology” which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those goods which are not prohibited. |
4. |
Prohibitions on “technology” transfer do not apply to information “in the public domain”, to “basic scientific research” or to the minimum necessary information for patent applications. |
A. GOODS
NUCLEAR MATERIALS, FACILITIES, AND EQUIPMENT
I.A0. Goods
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
||||||
I.A0.001 |
Hollow cathode lamps as follows:
|
|
||||||
I.A0.002 |
Faraday isolators in the wavelength range 500 nm – 650 nm. |
|
||||||
I.A0.003 |
Optical gratings in the wavelength range 500 nm – 650 nm. |
|
||||||
I.A0.004 |
Optical fibres in the wavelength range 500 nm – 650 nm coated with anti-reflecting layers in the wavelength range 500 nm – 650 nm and having a core diameter greater than 0,4 mm but not exceeding 2 mm. |
|
||||||
I.A0.005 |
Nuclear reactor vessel components and testing equipment, other than those specified in 0A001, as follows:
|
0A001 |
||||||
I.A0.006 |
Nuclear detection systems, other than those specified in 0A001.j. or 1A004.c., for detection, identification or quantification of radioactive materials or radiation of nuclear origin and specially designed components thereof. N.B: For personal equipment refer to I.A1.004 below. |
0A001.j. 1A004.c. |
||||||
I.A0.007 |
Bellows-sealed valves other than those specified in 0B001.c.6., 2A226 or 2B350, made of aluminium alloy or stainless steel type 304, 304L or 316L. |
0B001.c.6. 2A226 2B350 |
||||||
I.A0.008 |
Laser mirrors, other than those specified in 6A005.e., consisting of substrates having a thermal expansion coefficient of 10-6 K-1 or less at 20 °C (e.g. fused silica or sapphire). Note: This item does not cover optical systems specially designed for astronomical applications, except if the mirrors contain fused silica. |
0B001.g.5. 6A005.e. |
||||||
I.A0.009 |
Laser lenses, other than those specified in 6A005.e.2, consisting of substrates having a thermal expansion coefficient of 10-6 K-1 or less at 20 °C (e.g. fused silica). |
0B001.g. 6A005.e.2. |
||||||
I.A0.010 |
Pipes, piping, flanges, fittings made of, or lined with nickel, or nickel alloy containing more than 40 % nickel by weight, other than those specified in 2B350.h.1. |
2B350 |
||||||
I.A0.011 |
Vacuum pumps other than those specified in 0B002.f.2. or 2B231, as follows:
|
0B002.f.2. 2B231 |
||||||
I.A0.012 |
Shielded enclosures for the manipulation, storage and handling of radioactive substances (hot cells). |
0B006 |
||||||
I.A0.013 |
“Natural uranium” or “depleted uranium” or thorium in the form of metal, alloy, chemical compound or concentrate and any other material containing one or more of the foregoing, other than those specified in 0C001. |
0C001 |
||||||
I.A0.014 |
Detonation chambers having a capacity of explosion absorption of more than 2,5 kg TNT equivalent. |
|
SPECIAL MATERIALS AND RELATED EQUIPMENT
I.A1. Goods
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
||||||||||||||||||||||
I.A1.001 |
Bis(2-ethylhexyl) phosphoric acid (HDEHP or D2HPA) Chemical Abstract Number (CAS): [CAS 298-07-7] solvent in any quantity, with a purity greater than 90 %. |
|
||||||||||||||||||||||
I.A1.002 |
Fluorine gas CAS: [7782-41-4], with a purity of at least 95 %. |
|
||||||||||||||||||||||
I.A1.003 |
Ring-shaped seals and gaskets, having an inner diameter of 400 mm or less, made of any of the following materials:
|
1A001 |
||||||||||||||||||||||
I.A1.004 |
Personal equipment for detecting radiation of nuclear origin, other than that specified in 1A004.c., including personal dosimeters. |
1A004.c. |
||||||||||||||||||||||
I.A1.005 |
Electrolytic cells for fluorine production, other than those specified in 1B225, with an output capacity greater than 100 g of fluorine per hour. |
1B225 |
||||||||||||||||||||||
I.A1.006 |
Catalysts, other than those specified in 1A225 or 1B231, containing platinum, palladium or rhodium, usable for promoting the hydrogen isotope exchange reaction between hydrogen and water for the recovery of tritium from heavy water or for the production of heavy water. |
1A225 1B231 |
||||||||||||||||||||||
I.A1.007 |
Aluminium and its alloys, other than those specified in 1C002.b.4. or 1C202.a., in crude or semi-fabricated form having either of the following characteristics:
Technical note: The phrase alloys “capable of” encompasses alloys before or after heat treatment. |
1C002.b.4. 1C202.a. |
||||||||||||||||||||||
I.A1.008 |
Magnetic metals, of all types and of whatever form, other than those specified in 1C003.a. having an “initial relative permeability” of 120 000 or more and a thickness between 0,05 mm and 0,1 mm. Technical note: Measurement of “initial relative permeability” must be performed on fully annealed materials. |
1C003.a. |
||||||||||||||||||||||
I.A1.009 |
“Fibrous or filamentary materials” or prepregs, other than those specified in 1C010.a., 1C010.b., 1C210.a. or 1C210.b., as follows:
|
1C010.a. 1C010.b. 1C210.a. 1C210.b. |
||||||||||||||||||||||
I.A1.010 |
Resin-impregnated or pitch-impregnated fibres (prepregs), metal or carbon-coated fibres (preforms) or “carbon fibre preforms”, as follows:
|
1C010 1C210 |
||||||||||||||||||||||
I.A1.011 |
Reinforced silicon carbide ceramic composites usable for nose tips, re-entry vehicles, nozzle flaps, usable in “missiles”, other than those specified in 1C107. |
1C107 |
||||||||||||||||||||||
I.A1.012 |
Not used. |
|
||||||||||||||||||||||
I.A1.013 |
Tantalum, tantalum carbide, tungsten, tungsten carbide and alloys thereof, other than those specified in 1C226, having both of the following characteristics:
|
1C226 |
||||||||||||||||||||||
I.A1.014 |
“Elemental powders” of cobalt, neodymium or samarium or alloys or mixtures thereof containing at least 20 % by weight of cobalt, neodymium or samarium, with a particle size less than 200 μm. Technical note: “Elemental powder” means a high purity powder of one element. |
|
||||||||||||||||||||||
I.A1.015 |
Pure tributyl phosphate (TBP) [CAS No 126-73-8] or any mixture having a TBP content of more than 5 % by weight. |
|
||||||||||||||||||||||
I.A1.016 |
Maraging steel, other than those specified by 1C116 or 1C216. Technical notes:
|
1C116 1C216 |
||||||||||||||||||||||
I.A1.017 |
Metals, metal powders and material as follows:
|
1C117 1C226 |
||||||||||||||||||||||
I.A1.018 |
Soft magnetic alloys, other than those specified in 1C003, having a chemical composition as follows:
|
1C003 |
||||||||||||||||||||||
I.A1.019 |
Not used. |
|
||||||||||||||||||||||
I.A1.020 |
Graphite, other than that specified in 0C004 or 1C107.a., designed or specified for use in Electrical Discharge Machining (EDM) machines. |
0C004 1C107.a. |
MATERIALS PROCESSING
I.A2. Goods
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
||||||||||||||||||||||||||||
I.A2.001 |
Vibration test systems, equipment and components thereof, other than those specified in 2B116:
Technical note: “bare table” means a flat table, or surface, with no fixture or fittings. |
2B116 |
||||||||||||||||||||||||||||
I.A2.002 |
Machine tools, other than those specified in 2B001.c. or 2B201.b., for grinding having positioning accuracies with “all compensations available” equal to or less (better) than 15 μm according to ISO 230/2 (1988) (2) or national equivalents along any linear axis. |
2B001.c. 2B201.b. |
||||||||||||||||||||||||||||
I.A2.002a |
Components and numerical controls, specially designed for machine tools specified in 2B001, 2B201 or I.A2.002 above. |
|
||||||||||||||||||||||||||||
I.A2.003 |
Balancing machines and related equipment as follows:
Technical note: “Indicator heads” are sometimes known as balancing instrumentation. |
2B119 |
||||||||||||||||||||||||||||
I.A2.004 |
Remote manipulators that can be used to provide remote actions in radiochemical separation operations or hot cells, other than those specified in 2B225, having either of the following characteristics:
Technical note: Remote manipulators provide translation of human operator actions to a remote operating arm and terminal fixture. They may be of master/slave type or operated by joystick or keypad. |
2B225 |
||||||||||||||||||||||||||||
I.A2.005 |
Controlled atmosphere heat treatment furnaces or oxidation furnaces capable of operation at temperatures above 400 °C. Note: This item does not cover tunnel kilns with roller or car conveyance, tunnel kilns with conveyor belt, pusher type kilns or shuttle kilns, specially designed for the production of glass, tableware ceramics or structural ceramics. |
2B226 2B227 |
||||||||||||||||||||||||||||
I.A2.006 |
Not used. |
|
||||||||||||||||||||||||||||
I.A2.007 |
“Pressure transducers”, other than those defined in 2B230, capable of measuring absolute pressures at any point in the range 0 to 200 kPa and having both of the following characteristics:
Technical note: For the purposes of 2B230 “accuracy” includes non-linearity, hysteresis and repeatability at ambient temperature. |
2B230 |
||||||||||||||||||||||||||||
I.A2.008 |
Liquid-liquid contacting equipment (mixer-settlers, pulsed columns, plate columns, centrifugal contactors); and liquid distributors, vapour distributors or liquid collectors designed for such equipment, where all surfaces that come in direct contact with the chemical(s) being processed are made from any of the following materials:
Technical note: “Carbon graphite” is a composition consisting of amorphous carbon and graphite, in which the graphite content is 8 % or more by weight. |
2B350.e. |
||||||||||||||||||||||||||||
I.A2.009 |
Industrial equipment and components, other than those specified in 2B350.d., as follows: Heat exchangers or condensers with a heat transfer surface area greater than 0,05 m2, and less than 30 m2; and tubes, plates, coils or blocks (cores) designed for such heat exchangers or condensers, where all surfaces that come in direct contact with the fluid(s) are made from any of the following materials:
Note: This item does not cover vehicle radiators. Technical note: The materials used for gaskets and seals and other implementation of sealing functions do not determine the status of control of the heat exchanger. |
2B350.d. |
||||||||||||||||||||||||||||
I.A2.010 |
Multiple-seal, and seal-less pumps, other than those specified in 2B350.i, suitable for corrosive fluids, or vacuum pumps and casings (pump bodies), preformed casing liners, impellers, rotors or jet pump nozzles designed for such pumps, in which all surfaces that come in direct contact with the chemical(s) being processed are made from any of the following materials:
Technical notes: The materials used for gaskets and seals and other implementations of sealing functions do not determine the status of control of the pump. The term “rubber” encompasses all kinds of natural and synthetic rubbers. |
2B350.i. |
||||||||||||||||||||||||||||
I.A2.011 |
“Centrifugal separators”, other than those specified in 2B352.c., capable of continuous separation without the propagation of aerosols and manufactured from:
Technical note: “Centrifugal separators” include decanters. |
2B352.c. |
||||||||||||||||||||||||||||
I.A2.012 |
Sintered metal filters, other than those specified in 2B352.d., made of nickel or nickel alloy with more than 40 % nickel by weight. |
2B352.d. |
||||||||||||||||||||||||||||
I.A2.013 |
Spin-forming machines and flow-forming machines, other than those specified by 2B009, 2B109 or 2B209 and specially designed components therefor. Technical note: For the purpose of this item, machines combining the functions of spin-forming and flow-forming are regarded as flow-forming machines. |
2B009 2B109 2B209 |
||||||||||||||||||||||||||||
I.A2.014 |
Equipment and reagents, other than those specified in 2B350 or 2B352, as follows:
|
2B350 2B352 |
||||||||||||||||||||||||||||
I.A2.015 |
Equipment, other than that specified in 2B005, 2B105 or 3B001.d., for the deposition of metallic overlays as follows, and specially designed components and accessories therefor:
|
2B005 2B105 3B001.d. |
||||||||||||||||||||||||||||
I.A2.016 |
Open tanks or containers, with or without agitators, with a total internal (geometric) volume greater than 0.5 m3 (500 litres), where all surfaces that come in direct contact with the chemical(s) being processed or contained are made from any of the following materials:
Technical note: The term “rubber” encompasses all kinds of natural and synthetic rubbers. |
2B350 |
ELECTRONICS
I.A3. Goods
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
||||||||||||||||
I.A3.001 |
High voltage direct current power supplies, other than those specified in 0B001.j.5. or 3A227, having both of the following characteristics:
|
0B001.j.5. 3A227 |
||||||||||||||||
I.A3.002 |
Mass spectrometers, other than those specified in 0B002.g. or 3A233, capable of measuring ions of 200 atomic mass units or more and having a resolution of better than 2 parts in 200, as follows, and ion sources therefor:
|
0B002.g. 3A233 |
||||||||||||||||
I.A3.003 |
Frequency changers or generators, other than those specified by 0B001.b.13. or 3A225, having all of the following characteristics, and specially designed components and software therefor:
Technical notes:
|
0B001.b.13. 3A225 |
||||||||||||||||
I.A3.004 |
Spectrometers and diffractometers, designed for the indicative test or quantitative analysis of the elemental composition of metals or alloys without chemical decomposition of the material. |
|
SENSORS AND LASERS
I.A6. Goods
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
||||||||
I.A6.001 |
Yttrium aluminium garnet (YAG) rods. |
|
||||||||
I.A6.002 |
Optical equipment and components, other than those specified in 6A002 or 6A004.b. as follows: Infrared optics in the wavelength range 9 μm– 17 μm and components thereof, including cadmium telluride (CdTe) components. |
6A002 6A004.b. |
||||||||
I.A6.003 |
Wave front corrector systems, other than mirrors specified in 6A004.a., 6A005.e. or 6A005.f., for use with a laser beam having a diameter exceeding 4 mm, and specially designed components thereof, including control systems, phase front sensors and “deformable mirrors” including bimorph mirrors. |
6A004.a. 6A005.e. 6A005.f. |
||||||||
I.A6.004 |
Argon ion “lasers”, other than those specified in 0B001.g.5., 6A005.a.6. and/or 6A205.a., having an average output power equal to or greater than 5 W. |
0B001.g.5. 6A005.a.6. 6A205.a. |
||||||||
I.A6.005 |
Semiconductor “lasers”, other than those specified in 0B001.g.5., 0B001.h.6. or 6A005.b., and components thereof, as follows:
Notes:
|
0B001.g.5. 0B001.h.6. 6A005.b. |
||||||||
I.A6.006 |
Tunable semiconductor “lasers” and tunable semiconductor “laser” arrays, other than those specified in 0B001.h.6. or 6A005.b., of a wavelength between 9 μm and 17 μm, as well as array stacks of semiconductor “lasers” containing at least one tunable semiconductor “laser” array of such wavelength. Note: Semiconductor “lasers” are commonly called “laser” diodes. |
0B001.h.6. 6A005.b. |
||||||||
I.A6.007 |
Solid state “tunable”“lasers”, other than those specified in 0B001.g.5., 0B001.h.6. or 6A005.c.1., and specially designed components thereof, as follows:
|
0B001.g.5. 0B001.h.6. 6A005.c.1. |
||||||||
I.A6.008 |
Neodymium-doped (other than glass) “lasers”, other than those specified in 6A005.c.2.b., having an output wavelength greater than 1,0 μm but not exceeding 1,1 μm and output energy exceeding 10 J per pulse. |
6A005.c.2.b. |
||||||||
I.A6.009 |
Components of acousto-optics, as follows:
|
6A203.b.4. |
||||||||
I.A6.010 |
Radiation-hardened cameras, or lenses thereof, other than those specified in 6A203.c., specially designed, or rated as radiation-hardened, to withstand a total radiation dose greater than 50 × 103 Gy (silicon) (5 × 106 rad (silicon)) without operational degradation. Technical note: The term Gy (silicon) refers to the energy in Joules per kilogram absorbed by an unshielded silicon sample when exposed to ionising radiation. |
6A203.c. |
||||||||
I.A6.011 |
Tunable pulsed dye laser amplifiers and oscillators, other than those specified in 0B001.g.5., 6A005 and or 6A205.c., having all of the following characteristics:
Note: This item does not cover single mode oscillators. |
0B001.g.5. 6A005 6A205.c. |
||||||||
I.A6.012 |
Pulsed carbon dioxide “lasers”, other than those specified in, 0B001.h.6., 6A005.d. or 6A205.d., having all of the following characteristics:
|
0B001.h.6. 6A005.d. 6A205.d. |
NAVIGATION AND AVIONICS
I.A7. Goods
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
||||||||||||||||||||||||||||||||||
I.A7.001 |
Inertial navigation systems and specially designed components thereof, as follows:
Note: The parameters of a.1. and a.2. are applicable with any of the following environmental conditions:
Technical notes:
|
7A001 7A003 7A101 7A103 |
AEROSPACE AND PROPULSION
I.A9. Goods
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
I.A9.001 |
Explosive bolts. |
|
I.A9.002 |
Internal combustion engines (i.e. axial piston or rotary piston type), designed or modified for propelling “aircrafts” or “lighter-than-air-vehicles” and specially designed components therefor. |
|
I.A9.003 |
Trucks, other than those specified in 9A115, having more than one motorised axle and a payload exceeding 5 tonnes. Note: This item includes flatbed trailers, semi trailers and other trailers. |
9A115 |
B. SOFTWARE
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
I.B.001 |
Software required for the development, production or use of the items in Part A. (Goods). |
|
C. TECHNOLOGY
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
I.C.001 |
Technology required for the development, production or use of the items in Part A. (Goods).’ |
|
(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(OJ L 134, 29.5.2009, p. 1).
(2) Manufacturers calculating positioning accuracy in accordance with ISO 230/2 (1997) should consult the competent authorities of the Member State in which they are established.