ISSN 1977-0677 doi:10.3000/19770677.L_2012.129.eng |
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Official Journal of the European Union |
L 129 |
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English edition |
Legislation |
Volume 55 |
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(1) Text with EEA relevance |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
I Legislative acts
REGULATIONS
16.5.2012 |
EN |
Official Journal of the European Union |
L 129/1 |
REGULATION (EU) No 386/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 April 2012
on entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and the first paragraph of Article 118 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
The economic well-being of the Union relies on sustained creativity and innovation. Therefore, measures for their effective protection are indispensable in ensuring its future prosperity. |
(2) |
Intellectual property rights are vital business assets that help to ensure that creators and innovators get a fair return for their work and that their investment in research and new ideas is protected. |
(3) |
A sound, harmonised and progressive approach to intellectual property rights is fundamental in the endeavour to fulfil the ambitions of the Europe 2020 Strategy including A Digital Agenda for Europe. |
(4) |
The constant increase in infringements of intellectual property rights constitutes a genuine threat not only to the Union economy, but also, in many cases, to the health and safety of Union consumers. Therefore, effective, immediate and coordinated action at national, European and global levels is needed to successfully combat this phenomenon. |
(5) |
In the context of the overall intellectual property rights strategy envisaged by the Council Resolution of 25 September 2008 on a comprehensive European anti-counterfeiting and anti-piracy plan (3), the Council called on the Commission to set up a European Observatory on Counterfeiting and Piracy. The Commission therefore formed a network of experts from the public and the private sectors and described the tasks of that network in its Communication entitled ‘Enhancing the enforcement of intellectual property rights in the internal market’. The name of the European Observatory on Counterfeiting and Piracy should be changed to the European Observatory on Infringements of Intellectual Property Rights (‘the Observatory’). |
(6) |
That Communication stated that the Observatory should serve as the central resource for gathering, monitoring and reporting information and data related to all infringements of intellectual property rights. It should be used as a platform for cooperation between representatives from national authorities and stakeholders to exchange ideas and expertise on best practices and make recommendations to policymakers for joint enforcement strategies. The Communication specified that the Observatory would be hosted and managed by the services of the Commission. |
(7) |
In its Resolution of 1 March 2010 on the enforcement of intellectual property rights in the internal market (4), the Council invited the Commission, the Member States and industry to provide the Observatory with available reliable and comparable data on counterfeiting and piracy and to jointly develop and agree, in the context of the Observatory, on plans to collect further information. The Council also invited the Observatory to publish each year a comprehensive annual report covering the scope, scale and principal characteristics of counterfeiting and piracy as well as its impact on the internal market. That annual report should be prepared using the relevant information provided in that regard by the authorities of the Member States, the Commission and the private sector within the limits of data protection law. The Council also recognised the importance of developing new competitive business models enlarging the legal offer of cultural and creative content and at the same time preventing and combating infringements of intellectual property rights as necessary means for fostering economic growth, employment and cultural diversity. |
(8) |
In its Conclusions of 25 May 2010 on the future revision of the Trade Mark system in the European Union (5), the Council called on the Commission to establish a legal basis for the involvement of the Office for Harmonization in the Internal Market (Trade Marks and Designs) (‘the Office’) in enforcement-related activities, including the fight against counterfeiting, in particular through fostering its cooperation with the national trade mark offices and the Observatory. In that respect, Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (6) provides, inter alia, for certain measures to promote cooperation, including the exchange of information, among Member States and between Member States and the Commission. |
(9) |
In its Recommendation of 26 March 2009 on strengthening security and fundamental freedoms on the internet (7), the European Parliament recommended that the Council preserve full and safe access to the internet while encouraging private/public cooperation in enhancing law enforcement cooperation. |
(10) |
In its Resolution of 22 September 2010 on enforcement of intellectual property rights in the internal market (8), the European Parliament called on the Member States and the Commission to extend the cooperation between the Office and national intellectual property offices so as to include the fight against infringements of intellectual property rights. |
(11) |
In its Resolution of 12 May 2011 on unlocking the potential of cultural and creative industries (9), the European Parliament urged the Commission to take into account the specific problems encountered by small and medium-sized enterprises when it comes to asserting their intellectual property rights and to promote best practice and effective methods to respect those rights. |
(12) |
In its Resolution of 6 July 2011 on a comprehensive approach on personal data protection in the European Union (10), the European Parliament called on the Commission to ensure full harmonisation and legal certainty, providing a uniform and high level of protection of individuals in all circumstances. |
(13) |
In view of the range of tasks assigned to the Observatory, a solution is needed to ensure an adequate and sustainable infrastructure for the fulfilment of its tasks. |
(14) |
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (11) provides for administrative cooperation between the Office and the courts or authorities of the Member States, and the exchange of publications between the Office and the central industrial property offices of the Member States. On that basis, the Office has established cooperation with national offices that are active in the field of protection of intellectual property rights. Consequently, the Office already possesses, to a considerable extent, the necessary experience and expertise to provide an adequate and sustainable infrastructure in the field of the Observatory’s tasks. |
(15) |
The Office is therefore well placed to be entrusted with carrying out those tasks. |
(16) |
Those tasks should relate to all intellectual property rights covered by Directive 2004/48/EC, since in many cases, infringing acts affect a bundle of intellectual property rights. Furthermore, data and the exchange of best practices are needed on the entire abovementioned range of intellectual property rights, in order to obtain a complete picture of the situation and to enable comprehensive strategies to be devised with a view to reducing infringements of intellectual property rights. |
(17) |
The tasks that the Office should carry out can be linked to the enforcement and reporting measures laid down by Directive 2004/48/EC. Thus, the Office should provide services to national authorities or operators which affect, in particular, the homogenous implementation of the Directive and which are likely to facilitate its application. The Office’s tasks should therefore be considered as closely linked to the subject matter of acts approximating the laws, regulations and administrative provisions of the Member States. |
(18) |
Assembled by the Office, the Observatory should become a centre of excellence on information and data relating to infringements of intellectual property rights, by benefiting from the Office’s expertise, experience and resources. |
(19) |
The Office should offer a forum that brings together public authorities and the private sector, ensuring the collection, analysis and dissemination of relevant objective, comparable and reliable data regarding the value of intellectual property rights and infringements of those rights, identifying and promoting best practices and strategies to enforce intellectual property rights, and raising public awareness of the impact of infringements of intellectual property rights. Furthermore, the Office should fulfil additional tasks, such as improving the understanding of the value of intellectual property rights, fostering the exchange of information on new competitive business models which enlarge the legal offer of cultural and creative content, enhancing the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures, increasing knowledge of techniques to prevent counterfeiting, and improving cooperation with third countries and international organisations. The Commission should be associated with the activities undertaken by the Office under this Regulation. |
(20) |
The Office should thus facilitate and support the activities of national authorities, the private sector and the Union institutions relating to the enforcement of intellectual property rights and in particular their activities in the fight against infringements of those rights. The exercise by the Office of its powers under this Regulation does not prevent Member States from exercising their competences. The Office’s tasks and activities under this Regulation do not extend to participation in individual operations or investigations carried out by the competent authorities. |
(21) |
In order to fulfil those tasks in the most efficient manner, the Office should consult and cooperate with other authorities at national, European and, where appropriate, international levels, create synergies with the activities carried out by such authorities and avoid any duplication of measures. |
(22) |
The Office should implement the tasks and activities relating to the enforcement of intellectual property rights by making use of its own budgetary means. |
(23) |
With regard to representatives of the private sector, the Office should, when assembling the Observatory in the context of its activities, involve a representative selection of the economic sectors — including the creative industries — most concerned by or most experienced in the fight against infringements of intellectual property rights, in particular representatives of right holders, including authors and other creators, as well as internet intermediaries. Also, a proper representation of consumers and of small and medium-sized enterprises should be ensured. |
(24) |
The information obligations imposed by this Regulation on the Member States and on the private sector should not create unnecessary administrative burdens and should endeavour to avoid duplication as regards data already provided by Member States and private-sector representatives to Union institutions under existing Union reporting requirements. |
(25) |
Since the objective of this Regulation, namely to entrust the Office with tasks related to the enforcement of intellectual property rights, cannot be sufficiently achieved by the Member States and can therefore, by reason of its effect, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective, |
HAVE ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
This Regulation entrusts the Office for Harmonization in the Internal Market (Trade Marks and Designs) (‘the Office’) with tasks aimed at facilitating and supporting the activities of national authorities, the private sector and the Union institutions in the fight against infringements of the intellectual property rights covered by Directive 2004/48/EC. In carrying out these tasks the Office shall organise, administer and support the gathering of experts, authorities and stakeholders assembled under the name ‘European Observatory on Infringements of Intellectual Property Rights’ (‘the Observatory’).
The tasks and activities of the Office under this Regulation do not extend to participation in individual operations or investigations carried out by the competent authorities.
Article 2
Tasks and activities
1. The Office shall have the following tasks:
(a) |
improving understanding of the value of intellectual property; |
(b) |
improving understanding of the scope and impact of infringements of intellectual property rights; |
(c) |
enhancing knowledge of best public and private sector practices to protect intellectual property rights; |
(d) |
assisting in raising citizens’ awareness of the impact of infringements of intellectual property rights; |
(e) |
enhancing the expertise of persons involved in the enforcement of intellectual property rights; |
(f) |
enhancing knowledge of technical tools to prevent and tackle infringements of intellectual property rights, including tracking and tracing systems which help to distinguish genuine products from counterfeit ones; |
(g) |
providing mechanisms which help to improve the online exchange, between Member States’ authorities working in the field of intellectual property rights, of information relating to the enforcement of such rights, and fostering cooperation with and between those authorities; |
(h) |
working, in consultation with Member States, to foster international cooperation with intellectual property offices in third countries so as to build strategies and develop techniques, skills and tools for the enforcement of intellectual property rights. |
2. In the fulfilment of the tasks set out in paragraph 1, the Office shall carry out the following activities in accordance with the work programme adopted pursuant to Article 7, and in line with Union law:
(a) |
establishing a transparent methodology for the collection, analysis and reporting of independent, objective, comparable and reliable data relating to infringements of intellectual property rights; |
(b) |
collecting, analysing and disseminating relevant objective, comparable and reliable data regarding infringements of intellectual property rights; |
(c) |
collecting, analysing and disseminating relevant objective, comparable and reliable data regarding the economic value of intellectual property and its contribution to economic growth, welfare, innovation, creativity, cultural diversity, the creation of high-quality jobs and the development of high quality products and services within the Union; |
(d) |
providing regular assessments and specific reports by economic sector, geographic area and type of intellectual property right infringed, which evaluate, inter alia, the impact of infringements of intellectual property rights on society and the economy, including an assessment of the effects on small and medium-sized enterprises, as well as on health, the environment, safety and security; |
(e) |
collecting, analysing and disseminating information regarding best practices between the representatives meeting as the Observatory, and, if applicable, making recommendations for strategies based on such practices; |
(f) |
drawing up reports and publications to raise awareness amongst Union citizens of the impact of infringements of intellectual property rights and to that end, organising conferences, events and meetings at European and international levels as well as assisting national and Europe-wide actions, including online and offline campaigns, principally by providing data and information; |
(g) |
monitoring the development of new competitive business models which enlarge the legal offer of cultural and creative content, and encouraging the exchange of information and raising consumer awareness in this respect; |
(h) |
developing and organising online and other forms of training for national officials involved in the protection of intellectual property rights; |
(i) |
organising ad hoc meetings of experts, including academic experts and relevant representatives of civil society, to support its work under this Regulation; |
(j) |
identifying and promoting technical tools for professionals and benchmark techniques, including tracking and tracing systems which help to distinguish genuine products from counterfeit ones; |
(k) |
working with national authorities and the Commission to develop an online network facilitating the exchange of information on infringements of intellectual property rights between public administrations, bodies and organisations in the Member States dealing with the protection and enforcement of those rights; |
(l) |
working in cooperation with, and building synergies between, the central industrial property offices of the Member States, including the Benelux Office for Intellectual Property and other Member States’ authorities working in the field of intellectual property rights, with a view to developing and promoting techniques, skills and tools relating to the enforcement of intellectual property rights, including training programmes and awareness campaigns; |
(m) |
developing, in consultation with the Member States, programmes for the provision of technical assistance to third countries as well as developing and delivering specific training programmes and events for officials from third countries who are involved in the protection of intellectual property rights; |
(n) |
making recommendations to the Commission on issues falling within the scope of this Regulation, on the basis of a request from the Commission; |
(o) |
carrying out similar activities necessary in order to enable the Office to fulfil the tasks set out in paragraph 1. |
3. In carrying out the tasks and activities referred to in paragraphs 1 and 2, the Office shall comply with existing provisions of Union law on data protection.
Article 3
Financing
The Office shall at all times ensure that the activities entrusted to it by this Regulation are carried out by making use of its own budgetary means.
Article 4
Meetings of the Observatory
1. In order to carry out the activities referred to in Article 2(2), the Office shall at least once per year invite to meetings of the Observatory representatives from public administrations, bodies and organisations in the Member States dealing with intellectual property rights and representatives from the private sector, for the purpose of their participation in the Office’s work under this Regulation.
2. Private-sector representatives invited to meetings of the Observatory shall include a broad, representative and balanced range of Union and national bodies representing the different economic sectors, including the creative industries, most concerned by or most experienced in the fight against infringements of intellectual property rights.
Consumer organisations, small and medium-sized enterprises, authors and other creators shall be properly represented.
3. The Office shall invite each Member State to send at least one representative from its public administration to meetings of the Observatory. In that context, Member States shall ensure continuity in the Observatory’s work.
4. The meetings referred to in paragraph 1 may be complemented by working groups within the Observatory made up of representatives from Member States and representatives from the private sector.
5. Where appropriate, and in addition to the meetings referred to in paragraph 1, the Office shall organise meetings consisting of:
(a) |
representatives from the public administrations, bodies and organisations in the Member States; or |
(b) |
private-sector representatives. |
6. Members or other representatives of the European Parliament and representatives from the Commission shall be invited to any of the meetings covered by this Article, either as participants or observers, as appropriate.
7. The names of the representatives attending, the agenda and the minutes of the meetings referred to in this Article shall be published on the Office’s website.
Article 5
Information obligations
1. As appropriate, in accordance with national law, including the law governing the processing of personal data, Member States shall, at the request of the Office or on their own initiative:
(a) |
inform the Office of their overall policies and strategies on the enforcement of intellectual property rights and any changes thereto; |
(b) |
provide available statistical data on infringements of intellectual property rights; |
(c) |
inform the Office of important case-law. |
2. Without prejudice to the law governing the processing of personal data and to the protection of confidential information, private-sector representatives meeting as the Observatory shall, when possible, at the request of the Office:
(a) |
inform the Office of policies and strategies in their field of activity on the enforcement of intellectual property rights and any changes thereto; |
(b) |
provide statistical data on infringements of intellectual property rights in their field of activity. |
Article 6
The Office
1. The relevant provisions of Title XII of Regulation (EC) No 207/2009 shall apply to the carrying-out of the tasks and activities provided for under this Regulation.
2. Using the powers conferred by Article 124 of Regulation (EC) No 207/2009, the President of the Office shall adopt the internal administrative instructions and shall publish the notices that are necessary for the fulfilment of all the tasks entrusted to the Office by this Regulation.
Article 7
Content of the work programme and of the management report
1. The Office shall draw up an annual work programme that appropriately prioritises the activities under this Regulation and for the meetings of the Observatory, in line with the Union’s policies and priorities in the field of protection of intellectual property rights and in cooperation with the representatives referred to in point (a) of Article 4(5).
2. The work programme referred to in paragraph 1 shall be submitted to the Office’s Administrative Board for information.
3. The management report provided for in point (d) of Article 124(2) of Regulation (EC) No 207/2009 shall contain at least the following information concerning the Office’s tasks and activities under this Regulation:
(a) |
a review of the main activities carried out during the preceding calendar year; |
(b) |
the results achieved during the preceding calendar year, accompanied, where appropriate, by sectoral reports analysing the situation in the different industry and product sectors; |
(c) |
an overall assessment of the fulfilment of the Office’s tasks as provided for in this Regulation and in the work programme drawn up in accordance with paragraph 1; |
(d) |
an overview of the activities that the Office intends to undertake in the future; |
(e) |
observations on the enforcement of intellectual property rights and potential future policies and strategies, including on how to enhance effective cooperation with and between Member States; |
(f) |
an overall assessment of the proper representation in the Observatory of all the actors mentioned in Article 4(2). |
Before submitting the management report to the European Parliament, the Commission and the Administrative Board, the President of the Office shall consult the representatives referred to in point (a) of Article 4(5) on the relevant parts of the report.
Article 8
Evaluation
1. The Commission shall adopt a report evaluating the application of this Regulation by 6 June 2017.
2. The evaluation report shall assess the operation of this Regulation, in particular as regards its impact on the enforcement of intellectual property rights in the internal market.
3. The Commission shall, when preparing the evaluation report, consult the Office, the Member States and the representatives meeting as the Observatory on the issues referred to in paragraph 2.
4. The Commission shall transmit the evaluation report to the European Parliament, the Council and the European Economic and Social Committee and shall undertake a broad consultation among stakeholders on the evaluation report.
Article 9
Entry into force
This Regulation shall enter into force on the twentieth 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 Strasbourg, 19 April 2012.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
M. BØDSKOV
(1) OJ C 376, 22.12.2011, p. 62.
(2) Position of the European Parliament of 14 February 2012 (not yet published in the Official Journal) and decision of the Council of 22 March 2012 (not yet published in the Official Journal).
(3) OJ C 253, 4.10.2008, p. 1.
(5) OJ C 140, 29.5.2010, p. 22.
(6) OJ L 157, 30.4.2004, p. 45. Corrected version in OJ L 195, 2.6.2004, p. 16.
(7) OJ C 117 E, 6.5.2010, p. 206.
(8) OJ C 50 E, 21.2.2012, p. 48.
(9) Not yet published in the Official Journal.
(10) Not yet published in the Official Journal.
16.5.2012 |
EN |
Official Journal of the European Union |
L 129/7 |
REGULATION (EU) No 387/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 April 2012
amending Council Regulation (EC) No 1198/2006 on the European Fisheries Fund, as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
The unprecedented global financial crisis and the unprecedented economic downturn have seriously damaged economic growth and financial stability and have provoked a strong deterioration in financial and economic conditions in several Member States. In particular, certain Member States are experiencing or are threatened with serious difficulties, notably problems concerning their economic growth and financial stability and a deterioration in their deficit and debt position, due to the international economic and financial environment. |
(2) |
Whilst important actions to counterbalance the negative effects of the crisis have already been taken, including amendments to the legislative framework, the impact of the financial crisis on the real economy, the labour market and citizens is being widely felt. Pressure on national financial resources is increasing and further steps should be taken to alleviate that pressure through the maximal and optimal use of funding from the European Fisheries Fund. |
(3) |
Pursuant to Article 122(2) of the Treaty on the Functioning of the European Union, which provides for the possibility of granting Union financial assistance to a Member State in difficulties or seriously threatened with severe difficulties caused inter alia by exceptional occurrences beyond its control, Council Regulation (EU) No 407/2010 (3) established a European financial stabilisation mechanism, with a view to preserving the financial stability of the Union. |
(4) |
By Council Implementing Decisions 2011/77/EU (4) and 2011/344/EU (5) respectively, Ireland and Portugal were granted such Union financial assistance. |
(5) |
Greece was already experiencing serious difficulties with respect to its financial stability before the entry into force of Regulation (EU) No 407/2010. Financial assistance to Greece could not, therefore, be based on that Regulation. |
(6) |
The Intercreditor Agreement and the Loan Facility Agreement for Greece signed on 8 May 2010 entered into force on 11 May 2010. The Intercreditor Agreement is to remain in full force and effect for a three-year programme period as long as there are any amounts outstanding under the Loan Facility Agreement. |
(7) |
Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States’ balances of payments (6) provides that the Council is to grant mutual assistance where a Member State which has not adopted the euro is in difficulties or is seriously threatened with difficulties as regards its balance of payments. |
(8) |
By Council Decisions 2009/102/EC (7), 2009/290/EC (8) and 2009/459/EC (9) respectively, Hungary, Latvia and Romania were granted such Union financial assistance. |
(9) |
The period during which the financial assistance is available to Ireland, Hungary, Latvia, Portugal and Romania is set out in the relevant Council Decisions. The period during which financial assistance was made available to Hungary expired on 4 November 2010. |
(10) |
The period during which financial assistance under the Intercreditor Agreement and the Loan Facility Agreement is available to Greece is different for each Member State participating in those instruments. |
(11) |
Following the European Council Decision of 25 March 2011, finance ministers of the 17 euro area Member States signed the Treaty establishing the European Stability Mechanism on 11 July 2011. Following decisions taken by the Heads of State and Government of the euro area Member States on 21 July and 9 December 2011, the Treaty was modified in order to improve the effectiveness of the mechanism and signed on 2 February 2012. Under this Treaty, the European Stability Mechanism will, by 2013, assume the tasks currently performed by the European Financial Stability Facility and the European Financial Stabilisation Mechanism. This future mechanism should therefore already be taken into account in this Regulation. |
(12) |
In its conclusions of 23 and 24 June 2011, the European Council welcomed the Commission’s intention to enhance the synergies between the loan programme for Greece and the Union funds, and supported efforts to increase Greece’s capacity to absorb Union funds, with the aim of stimulating growth and employment by refocusing on improving competitiveness and employment creation. Moreover, it welcomed and supported the preparation, by the Commission, together with the Member States, of a comprehensive programme of technical assistance to Greece. This Regulation contributes to such efforts to enhance synergies. |
(13) |
In order to facilitate the management of Union funding, to help accelerate investments in Member States and regions and to increase the impact of funding on the economy, it is necessary to allow, in justified cases, temporarily and without prejudice to the 2014 to 2020 programming period, an increase of interim payments from the European Fisheries Fund by an amount corresponding to 10 percentage points above the co-financing rate applicable for each priority axis for Member States that are facing serious difficulties with respect to their financial stability and that have requested to benefit from this measure, resulting in a corresponding reduction in the national counterpart. Due to the temporary nature of that increase, and in order to maintain the original co-financing rates as the reference point for calculation of the temporarily increased amounts, the changes resulting from application of the mechanism should not be reflected in the financial plan included in the operational programmes. However, it should be possible to update operational programmes in order to concentrate the funds on competitiveness, growth and employment, and in order to align their targets and objectives with the decrease in the total funding available. |
(14) |
A Member State making a request to the Commission to benefit from a derogation under this Regulation should submit all the information necessary to enable the Commission to establish, by means of data on the Member State’s macroeconomic and fiscal situation, that resources for the national counterpart are not available. It should also show that an increase of payments resulting from the granting of the derogation is necessary to safeguard the continued implementation of operational programmes and that the absorption capacity problems persist even if the maximum ceilings applicable to co-financing rates laid down in Article 53(3) of Council Regulation (EC) No 1198/2006 (10) are used. |
(15) |
The Member State making a request to the Commission to benefit from a derogation under this Regulation should also provide the reference to the relevant Council Decision or other legal act pursuant to which it is eligible to benefit from the derogation. It is necessary for the Commission to have an appropriate period, starting from the submission of the Member State’s request, in which to verify the correctness of the information submitted and to raise any objections. In order to make the derogation effective and operational, there should be a presumption that such a request is justified if the Commission does not raise an objection. If the Commission objects to the Member State’s request, it should adopt, by way of implementing acts, a decision to this effect, stating reasons. |
(16) |
The rules on the calculation of interim payments and of payments of the final balance for operational programmes during the period in which the Member States receive the Union financial assistance for addressing serious difficulties with respect to their financial stability should be revised accordingly. |
(17) |
It is necessary to ensure that there is appropriate reporting on the use of the increased amounts made available to the Member States benefiting from a temporary increase in interim payments under this Regulation. |
(18) |
After the end of the period during which financial assistance has been made available, it might be necessary for the evaluations carried out in accordance with Article 18(2) of Regulation (EC) No 1198/2006 to assess, inter alia, whether the reduction of the national co-funding leads to a significant departure from the goals that were initially set. Such evaluations might lead to the revision of the operational programme. |
(19) |
As the unprecedented crisis affecting international financial markets and the unprecedented economic downturn, which have seriously damaged the financial stability of several Member States, necessitate a rapid response in order to counter the effects on the economy as a whole, this Regulation should enter into force as soon as possible. Given the exceptional circumstances of the Member States concerned, it should apply retroactively, starting either from the budgetary year of 2010 or from the date on which the financial assistance was made available, depending on the requesting Member State’s status, for the periods during which the Member States received financial assistance from the Union or from other euro area Member States in order to address serious difficulties with respect to their financial stability. |
(20) |
Where a temporary increase in interim payments is envisaged, that temporary increase should also be considered in the context of the budgetary restraints facing all Member States, and those budgetary restraints should be reflected appropriately in the general budget of the European Union. In addition, since the main purpose of the mechanism is to address specific current difficulties, its application should be limited in time. Therefore, the mechanism should start to apply on 1 January 2010 and should operate for a limited period until 31 December 2013. |
(21) |
Regulation (EC) No 1198/2006 should therefore be amended accordingly, |
HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1198/2006 is hereby amended as follows:
(1) |
Articles 76 and 77 are replaced by the following: ‘Article 76 Rules for calculating interim payments 1. Interim payments shall be calculated by applying — to the public contribution declared in the statement of expenditure certified by the certifying authority under each priority axis and under each convergence/non-convergence objective — the co-financing rate established under the current financing plan for that priority axis and that objective. 2. By way of derogation from paragraph 1, in response to a specific and properly grounded request by the Member State, an interim payment shall be calculated as the amount of Union assistance paid or due to be paid to the beneficiaries in respect of the priority axis and of the objective. This amount must be specified by the Member State in the statement of expenditure. 3. By way of derogation from Article 53(3), at the request of a Member State, interim payments shall be increased by an amount corresponding to 10 percentage points above the co-financing rate applicable to each priority axis, up to a maximum of 100 %, to be applied to the amount of eligible public expenditure newly declared in each certified statement of expenditure submitted during the period in which a Member State fulfils one of the following conditions:
4. For the purpose of calculating interim payments after the Member State ceases to benefit from the Union financial assistance referred to in paragraph 3, the Commission shall not take into account the increased amounts paid in accordance with that paragraph. However, those amounts shall be taken into account for the purpose of Article 79(1). 5. The increased interim payments resulting from the application of paragraph 3 shall be made available within the shortest period of time to the managing authority and shall only be used for making payments in connection with the implementation of the operational programme. 6. In the context of the annual reporting in accordance with Article 67(1), the Member States shall provide the Commission with appropriate information on the use of the derogation referred to in paragraph 3 of this Article, showing how the increase in the amounts of support has contributed to the promotion of competitiveness, growth and jobs in the Member State concerned. This information shall be taken into account by the Commission in the preparation of the annual reporting provided for by Article 68(1). Article 77 Rules for calculating payments of the balance 1. Payments of the balance shall be limited to whichever of the following two amounts is smaller:
2. By way of derogation from Article 53(3), at the request of a Member State, payments of the final balance shall be increased by an amount corresponding to 10 percentage points above the co-financing rate applicable to each priority axis, up to a maximum of 100 %, to be applied to the amount of eligible public expenditure newly declared in each certified statement of expenditure submitted during the period in which a Member State fulfils one of the conditions laid down in points (a), (b) and (c) of Article 76(3). 3. For the purpose of calculating the payment of the final balance after the Member State ceases to benefit from the Union financial assistance referred to in Article 76(3), the Commission shall not take into account the increased amounts paid in accordance with that paragraph. |
(2) |
the following Article is inserted: ‘Article 77a Limit to the Union contribution through interim payments and payments of the balance 1. Notwithstanding Article 76(3) and Article 77(2), the Union contribution through interim payments and payments of the final balance shall not be higher than the public contribution and the maximum amount of assistance from the EFF for each priority axis and objective as laid down in the decision of the Commission approving the operational programme. 2. The derogation referred to in Article 76(3) and Article 77(2) shall be granted by the Commission upon the written request of a Member State fulfilling one of the conditions laid down in points (a), (b) and (c) of Article 76(3). That request shall be submitted by 17 July 2012 or within two months from the date on which a Member State fulfils one of the conditions laid down in points (a), (b) and (c) of Article 76(3). 3. In its request submitted to the Commission, the Member State shall justify the necessity of the derogation referred to in Article 76(3) and Article 77(2) by providing information necessary to establish:
The Commission shall verify whether the information submitted justifies granting a derogation. The Commission shall raise any objection as to that information within 30 days from the date of submission of the request. If the Commission decides to object to the Member State’s request, it shall, by means of implementing acts, adopt a decision to this effect and shall state reasons. If the Commission does not raise an objection to the Member State’s request, that request shall be deemed to be justified. 4. The Member State’s request shall also detail the intended use of the derogation provided for in Article 76(3) and Article 77(2), and shall give information about complementary measures envisaged in order to concentrate the funds on competitiveness, growth and employment, including, where appropriate, a modification of operational programmes. 5. The derogation provided for in Article 76(3) and Article 77(2) shall not apply to statements of expenditure submitted after 31 December 2013.’. |
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
However, it shall apply retroactively to the following Member States:
(a) |
in the cases of Ireland, Greece and Portugal, with effect from the date when the financial assistance was made available to those Member States pursuant to Article 76(3); |
(b) |
in the cases of Hungary, Latvia and Romania, with effect from 1 January 2010. |
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 19 April 2012.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
M. BØDSKOV
(1) OJ C 24, 28.1.2012, p. 84.
(2) Position of the European Parliament of 14 March 2012 (not yet published in the Official Journal) and decision of the Council of 22 March 2012.
(3) OJ L 118, 12.5.2010, p. 1.
(5) OJ L 159, 17.6.2011, p. 88.
(8) OJ L 79, 25.3.2009, p. 39.
16.5.2012 |
EN |
Official Journal of the European Union |
L 129/12 |
REGULATION (EU) No 388/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 April 2012
amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
Council Regulation (EC) No 428/2009 (2) requires dual-use items (including software and technology) to be subject to effective control when they are exported from or transit through the Union, or are delivered to a third country as a result of brokering services provided by a broker resident or established in the Union. |
(2) |
In order to enable Member States and the Union to comply with their international commitments, Annex I to Regulation (EC) No 428/2009 establishes the common list of dual-use items referred to in Article 3 of that Regulation, which implements internationally agreed dual-use controls. These commitments were undertaken within the context of participation in the Australia Group, the Missile Technology Control Regime, the Nuclear Suppliers Group, the Wassenaar Arrangement and the Chemical Weapons Convention. |
(3) |
Regulation (EC) No 428/2009 provides for the list set out in Annex I to be updated in conformity with the relevant obligations and commitments, and any modification thereof, that Member States have accepted as members of international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties. |
(4) |
Annex I to Regulation (EC) No 428/2009 should be amended in order to take account of changes agreed within the Australia Group, the Nuclear Suppliers Group, the Missile Technology Control Regime and the Wassenaar Arrangement, subsequent to the adoption of that Regulation. |
(5) |
In order to facilitate references for export control authorities and operators, an updated and consolidated version of Annex I to Regulation (EC) No 428/2009 should be published. |
(6) |
Regulation (EC) No 428/2009 should therefore be amended accordingly, |
HAVE ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 428/2009 shall be replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the thirtieth 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 Strasbourg, 19 April 2012.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
M. BØDSKOV
(1) Position of the European Parliament of 13 September 2011 (OJ C 7 E, 10.1.2012, p. 28) and position of the Council at first reading of 21 February 2012 (OJ C 107 E, 13.4.2012, p. 1). Position of the European Parliament of 29 March 2012 (not yet published in the Official Journal).
ANNEX
‘ANNEX I
List referred to in Article 3 of this Regulation
LIST OF DUAL-USE ITEMS
This list implements internationally agreed dual-use controls including the Wassenaar Arrangement, the Missile Technology Control Regime (MTCR), the Nuclear Suppliers’ Group (NSG), the Australia Group and the Chemical Weapons Convention (CWC).
CONTENTS
Notes
Acronyms and abbreviations
Definitions
Category 0 |
Nuclear materials, facilities and equipment |
Category 1 |
Special materials and related equipment |
Category 2 |
Materials processing |
Category 3 |
Electronics |
Category 4 |
Computers |
Category 5 |
Telecommunications and “information security” |
Category 6 |
Sensors and lasers |
Category 7 |
Navigation and avionics |
Category 8 |
Marine |
Category 9 |
Aerospace and propulsion |
GENERAL NOTES TO ANNEX I
1. |
For control of goods which are designed or modified for military use, see the relevant list(s) of controls on military goods maintained by individual Member States. References in this Annex that state “SEE ALSO MILITARY GOODS CONTROLS” refer to the same lists. |
2. |
The object of the controls contained in this Annex should not be defeated by the export of any non-controlled goods (including plant) containing one or more controlled components when the controlled component or components are the principal element of the goods and can feasibly be removed or used for other purposes.
|
3. |
Goods specified in this Annex include both new and used goods. |
4. |
In some instances chemicals are listed by name and CAS number. The list applies to chemicals of the same structural formula (including hydrates) regardless of name or CAS number. CAS numbers are shown to assist in identifying a particular chemical or mixture, irrespective of nomenclature. CAS numbers cannot be used as unique identifiers because some forms of the listed chemical have different CAS numbers, and mixtures containing a listed chemical may also have different CAS numbers. |
NUCLEAR TECHNOLOGY NOTE (NTN)
(To be read in conjunction with Section E of Category 0.)
The “technology” directly associated with any goods controlled in Category 0 is controlled according to the provisions of Category 0.
“Technology” for the “development”, “production” or “use” of goods under control remains under control even when applicable to non-controlled goods.
The approval of goods for export also authorises the export to the same end-user of the minimum “technology” required for the installation, operation, maintenance and repair of the goods.
Controls on “technology” transfer do not apply to information “in the public domain” or to “basic scientific research”.
GENERAL TECHNOLOGY NOTE (GTN)
(To be read in conjunction with Section E of Categories 1 to 9.)
The export of “technology” which is “required” for the “development”, “production” or “use” of goods controlled in Categories 1 to 9, is controlled according to the provisions of Categories 1 to 9.
“Technology” “required” for the “development”, “production” or “use” of goods under control remains under control even when applicable to non-controlled goods.
Controls 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 controlled or whose export has been authorised.
NB: |
This does not release such “technology” specified in 1E002.e., 1E002.f., 8E002.a. and 8E002.b. |
Controls 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.
GENERAL SOFTWARE NOTE (GSN)
(This note overrides any control within Section D of Categories 0 to 9.)
Categories 0 to 9 of this list do not control “software” which is either:
a. |
Generally available to the public by being:
|
b. |
“In the public domain”. |
EDITORIAL PRACTICES IN THE OFFICIAL JOURNAL OF THE EUROPEAN UNION
In accordance with the rules set out in paragraph 6.5 on page 108 of the Interinstitutional style guide (2011 edition), in texts published in the Official Journal of the European Union in the English language:
— |
a comma is used to separate whole number from decimals (e.g. 3,67 cm), |
— |
a space is used to indicate thousands in whole numbers (e.g. EUR 100 000). |
The text reproduced in this Annex follows the above-described practice.
By contrast — and by way of information — in the original English version of the same text:
— |
a full stop is used to separate whole numbers from decimals (e.g. 3,67 cm), |
— |
a comma is used to indicate thousands in whole numbers (e.g. EUR 100 000). |
ACRONYMS AND ABBREVIATIONS USED IN THIS ANNEX
An acronym or abbreviation, when used as a defined term, will be found in “Definitions of Terms used in this Annex”.
Acronym or abbreviation |
Meaning |
ABEC |
Annular Bearing Engineers Committee |
AGMA |
American Gear Manufacturers’ Association |
AHRS |
attitude and heading reference systems |
AISI |
American Iron and Steel Institute |
ALU |
arithmetic logic unit |
ANSI |
American National Standards Institute |
ASTM |
the American Society for Testing and Materials |
ATC |
air traffic control |
AVLIS |
atomic vapour laser isotope separation |
CAD |
computer-aided-design |
CAS |
Chemical Abstracts Service |
CCITT |
International Telegraph and Telephone Consultative Committee |
CDU |
control and display unit |
CEP |
circular error probable |
CNTD |
controlled nucleation thermal deposition |
CRISLA |
chemical reaction by isotope selective laser activation. |
CVD |
chemical vapour deposition |
CW |
chemical warfare |
CW (for lasers) |
continuous wave |
DME |
distance measuring equipment |
DS |
directionally solidified |
EB-PVD |
electron beam physical vapour deposition |
EBU |
European Broadcasting Union |
ECM |
electro-chemical machining |
ECR |
electron cyclotron resonance |
EDM |
electrical discharge machines |
EEPROMS |
electrically erasable programmable read only memory |
EIA |
Electronic Industries Association |
EMC |
electromagnetic compatibility |
ETSI |
European Telecommunications Standards Institute |
FFT |
Fast Fourier Transform |
GLONASS |
global navigation satellite system |
GPS |
global positioning system |
HBT |
hetero-bipolar transistors |
HDDR |
high density digital recording |
HEMT |
high electron mobility transistors |
ICAO |
International Civil Aviation Organisation |
IEC |
International Electro-technical Commission |
IEEE |
Institute of Electrical and Electronic Engineers |
IFOV |
instantaneous-field-of-view |
ILS |
instrument landing system |
IRIG |
inter-range instrumentation group |
ISA |
international standard atmosphere |
ISAR |
inverse synthetic aperture radar |
ISO |
International Organisation for Standardisation |
ITU |
International Telecommunication Union |
JIS |
Japanese Industrial Standard |
JT |
Joule-Thomson |
LIDAR |
light detection and ranging |
LRU |
line replaceable unit |
MAC |
message authentication code |
Mach |
ratio of speed of an object to speed of sound (after Ernst Mach) |
MLIS |
molecular laser isotopic separation |
MLS |
microwave landing systems |
MOCVD |
metal organic chemical vapour deposition |
MRI |
magnetic resonance imaging |
MTBF |
mean-time-between-failures |
Mtops |
million theoretical operations per second |
MTTF |
mean-time-to-failure |
NBC |
Nuclear, Biological and Chemical |
NDT |
non-destructive test |
PAR |
precision approach radar |
PIN |
personal identification number |
ppm |
parts per million |
PSD |
power spectral density |
QAM |
quadrature-amplitude-modulation |
RF |
radio frequency |
SACMA |
Suppliers of Advanced Composite Materials Association |
SAR |
synthetic aperture radar |
SC |
single crystal |
SLAR |
sidelooking airborne radar |
SMPTE |
Society of Motion Picture and Television Engineers |
SRA |
shop replaceable assembly |
SRAM |
static random access memory |
SRM |
SACMA Recommended Methods |
SSB |
single sideband |
SSR |
secondary surveillance radar |
TCSEC |
trusted computer system evaluation criteria |
TIR |
total indicated reading |
UV |
ultraviolet |
UTS |
ultimate tensile strength |
VOR |
very high frequency omni-directional range |
YAG |
yttrium/aluminum garnet |
DEFINITIONS OF TERMS USED IN THIS ANNEX
Definitions of terms between ‘single quotation marks’ are given in a Technical Note to the relevant item.
Definitions of terms between “double quotation marks” are as follows:
NB: |
Category references are given in brackets after the defined term. |
“Accuracy” (2 6), usually measured in terms of inaccuracy, means the maximum deviation, positive or negative, of an indicated value from an accepted standard or true value.
“Active flight control systems” (7) are systems that function to prevent undesirable “aircraft” and missile motions or structural loads by autonomously processing outputs from multiple sensors and then providing necessary preventive commands to effect automatic control.
“Active pixel” (6 8) is a minimum (single) element of the solid state array which has a photoelectric transfer function when exposed to light (electromagnetic) radiation.
“Adapted for use in war” (1) means any modification or selection (such as altering purity, shelf life, virulence, dissemination characteristics, or resistance to UV radiation) designed to increase the effectiveness in producing casualties in humans or animals, degrading equipment or damaging crops or the environment.
“Adjusted Peak Performance” (4) is an adjusted peak rate at which “digital computers” perform 64-bit or larger floating point additions and multiplications, and is expressed in Weighted TeraFLOPS (WT) with units of 1012 adjusted floating point operations per second.
NB: |
See Category 4, Technical Note. |
“Aircraft” (1 7 9) means a fixed wing, swivel wing, rotary wing (helicopter), tilt rotor or tilt-wing airborne vehicle.
NB: |
See also “civil aircraft”. |
“All compensations available” (2) means after all feasible measures available to the manufacturer to minimise all systematic positioning errors for the particular machine-tool model or measuring errors for the particular coordinate measuring machine are considered.
“Allocated by the ITU” (3 5) means the allocation of frequency bands according to the current edition of the ITU Radio Regulations for primary, permitted and secondary services.
NB: |
Additional and alternative allocations are not included. |
“Angle random walk” (7) means the angular error build up with time that is due to white noise in angular rate. (IEEE STD 528-2001)
“Angular position deviation” (2) means the maximum difference between angular position and the actual, very accurately measured angular position after the workpiece mount of the table has been turned out of its initial position (ref. VDI/VDE 2617, Draft: ‘Rotary tables on coordinate measuring machines’).
“APP” (4) is equivalent to “Adjusted Peak Performance”.
“Asymmetric algorithm” (5) means a cryptographic algorithm using different, mathematically-related keys for encryption and decryption.
NB: |
A common use of “asymmetric algorithms” is key management. |
“Automatic target tracking” (6) means a processing technique that automatically determines and provides as output an extrapolated value of the most probable position of the target in real time.
“Average output power” (6) means the total “laser” output energy in joules divided by the “laser duration” in seconds.
“Basic gate propagation delay time” (3) means the propagation delay time value corresponding to the basic gate used in a “monolithic integrated circuit”. For a ‘family’ of “monolithic integrated circuits”, this may be specified either as the propagation delay time per typical gate within the given ‘family’ or as the typical propagation delay time per gate within the given ‘family’.
NB 1: |
“Basic gate propagation delay time” is not to be confused with the input/output delay time of a complex “monolithic integrated circuit”. |
NB 2: |
‘Family’ consists of all integrated circuits to which all of the following are applied as their manufacturing methodology and specifications except their respective functions:
|
“Basic scientific research” (GTN NTN) means experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental principles of phenomena or observable facts, not primarily directed towards a specific practical aim or objective.
“Bias” (accelerometer) (7) means the average over a specified time of accelerometer output, measured at specified operating conditions, that has no correlation with input acceleration or rotation. “Bias” is expressed in g or in metres per second squared (g or m/s2). (IEEE Std 528-2001) (Micro g equals 1 × 10–6 g)
“Bias” (gyro) (7) means the average over a specified time of gyro output measured at specified operating conditions that has no correlation with input rotation or acceleration. “Bias” is typically expressed in degrees per hour (deg/hr). (IEEE Std 528-2001)
“Camming” (2) means axial displacement in one revolution of the main spindle measured in a plane perpendicular to the spindle faceplate, at a point next to the circumference of the spindle faceplate (Reference: ISO 230/1 1986, paragraph 5.63).
“Carbon fibre preforms” (1) means an ordered arrangement of uncoated or coated fibres intended to constitute a framework of a part before the “matrix” is introduced to form a “composite”.
“CEP” (circle of equal probability) (7) is a measure of accuracy; the radius of the circle centred at the target, at a specific range, in which 50 % of the payloads impact.
“Chemical laser” (6) means a “laser” in which the excited species is produced by the output energy from a chemical reaction.
“Chemical mixture” (1) means a solid, liquid or gaseous product made up of two or more components which do not react together under the conditions under which the mixture is stored.
“Circulation-controlled anti-torque or circulation controlled direction control systems” (7) are systems that use air blown over aerodynamic surfaces to increase or control the forces generated by the surfaces.
“Civil aircraft” (1 3 4 7) means those “aircraft” listed by designation in published airworthiness certification lists by the civil aviation authorities to fly commercial civil internal and external routes or for legitimate civil, private or business use.
NB: |
See also “aircraft”. |
“Commingled” (1) means filament to filament blending of thermoplastic fibres and reinforcement fibres in order to produce a fibre reinforcement “matrix” mix in total fibre form.
“Comminution” (1) means a process to reduce a material to particles by crushing or grinding.
“Common channel signalling” (5) is a signalling method in which a single channel between exchanges conveys, by means of labelled messages, signalling information relating to a multiplicity of circuits or calls and other information such as that used for network management.
“Communications channel controller” (4) means the physical interface which controls the flow of synchronous or asynchronous digital information. It is an assembly that can be integrated into computer or telecommunications equipment to provide communications access.
“Compensation systems” (6) consist of the primary scalar sensor, one or more reference sensors (e.g. vector magnetometers) together with software that permit reduction of rigid body rotation noise of the platform.
“Composite” (1 2 6 8 9) means a “matrix” and an additional phase or additional phases consisting of particles, whiskers, fibres or any combination thereof, present for a specific purpose or purposes.
“Compound rotary table” (2) means a table allowing the workpiece to rotate and tilt about two non-parallel axes, which can be coordinated simultaneously for “contouring control”.
“III/V compounds” (3 6) means polycrystalline or binary or complex monocrystalline products consisting of elements of groups IIIA and VA of Mendeleyev’s periodic classification table (e.g. gallium arsenide, gallium-aluminium arsenide, indium phosphide).
“Contouring control” (2) means two or more “numerically controlled” motions operating in accordance with instructions that specify the next required position and the required feed rates to that position. These feed rates are varied in relation to each other so that a desired contour is generated (ref. ISO/DIS 2806-1980).
“Critical temperature” (1 3 5) (sometimes referred to as the transition temperature) of a specific “superconductive” material means the temperature at which the material loses all resistance to the flow of direct electrical current.
“Cryptographic activation” (5) means any technique that activates or enables cryptographic capability, via a secure mechanism that is implemented by the manufacturer of the item and is uniquely bound to the item or customer for which the cryptographic capability is being activated or enabled (e.g. a serial number-based licence key or an authentication instrument such as a digitally signed certificate).
Technical Note
“Cryptographic activation” techniques and mechanisms may be implemented as hardware, “software” or “technology”.
“Cryptography” (5) means the discipline which embodies principles, means and methods for the transformation of data in order to hide its information content, prevent its undetected modification or prevent its unauthorised use. “Cryptography” is limited to the transformation of information using one or more ‘secret parameters’ (e.g. crypto variables) or associated key management.
NB: |
‘Secret parameter’: a constant or key kept from the knowledge of others or shared only within a group. |
“CW laser” (6) means a “laser” that produces a nominally constant output energy for greater than 0,25 seconds.
“Data-Based Referenced Navigation” (“DBRN”) (7) Systems means systems which use various sources of previously measured geo-mapping data integrated to provide accurate navigation information under dynamic conditions. Data sources include bathymetric maps, stellar maps, gravity maps, magnetic maps or 3-D digital terrain maps.
“Deformable mirrors” (6) (also known as adaptive optic mirrors) means mirrors having:
a. |
A single continuous optical reflecting surface which is dynamically deformed by the application of individual torques or forces to compensate for distortions in the optical waveform incident upon the mirror; or |
b. |
Multiple optical reflecting elements that can be individually and dynamically repositioned by the application of torques or forces to compensate for distortions in the optical waveform incident upon the mirror. |
“Depleted uranium” (0) means uranium depleted in the isotope 235 below that occurring in nature.
“Development” (GTN NTN All) is related to all phases prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts.
“Diffusion bonding” (1 2 9) means a solid state molecular joining of at least two separate metals into a single piece with a joint strength equivalent to that of the weakest material.
“Digital computer” (4 5) means equipment which can, in the form of one or more discrete variables, perform all of the following:
a. |
Accept data; |
b. |
Store data or instructions in fixed or alterable (writable) storage devices; |
c. |
Process data by means of a stored sequence of instructions which is modifiable; and |
d. |
Provide output of data. |
NB: |
Modifications of a stored sequence of instructions include replacement of fixed storage devices, but not a physical change in wiring or interconnections. |
“Digital transfer rate” (def) means the total bit rate of the information that is directly transferred on any type of medium.
NB: |
See also “total digital transfer rate”. |
“Direct-acting hydraulic pressing” (2) means a deformation process which uses a fluid-filled flexible bladder in direct contact with the workpiece.
“Drift rate” (gyro) (7) means the component of gyro output that is functionally independent of input rotation. It is expressed as an angular rate. (IEEE STD 528-2001)
“Dynamic signal analysers” (3) means “signal analysers” which use digital sampling and transformation techniques to form a Fourier spectrum display of the given waveform including amplitude and phase information.
NB: |
See also “signal analysers”. |
“Effective gramme” (0 1) of “special fissile material” means:
a. |
For plutonium isotopes and uranium-233, the isotope weight in grammes; |
b. |
For uranium enriched 1 per cent or greater in the isotope uranium-235, the element weight in grammes multiplied by the square of its enrichment expressed as a decimal weight fraction; |
c. |
For uranium enriched below 1 per cent in the isotope uranium-235, the element weight in grammes multiplied by 0,0001. |
“Electronic assembly” (2 3 4 5) means a number of electronic components (i.e. ‘circuit elements’, ‘discrete components’, integrated circuits, etc.) connected together to perform (a) specific function(s), replaceable as an entity and normally capable of being disassembled.
NB 1: |
‘Circuit element’: a single active or passive functional part of an electronic circuit, such as one diode, one transistor, one resistor, one capacitor, etc. |
NB 2: |
‘Discrete component’: a separately packaged ‘circuit element’ with its own external connections. |
“Electronically steerable phased array antenna” (5 6) means an antenna which forms a beam by means of phase coupling, i.e. the beam direction is controlled by the complex excitation coefficients of the radiating elements and the direction of that beam can be varied in azimuth or in elevation, or both, by application, both in transmission and reception, of an electrical signal.
“Energetic materials” (1) means substances or mixtures that react chemically to release energy required for their intended application. “Explosives”, “pyrotechnics” and “propellants” are subclasses of energetic materials.
“End-effectors” (2) means grippers, ‘active tooling units’ and any other tooling that is attached to the baseplate on the end of a “robot” manipulator arm.
NB: |
‘Active tooling unit’ means a device for applying motive power, process energy or sensing to the workpiece. |
“Equivalent Density” (6) means the mass of an optic per unit optical area projected onto the optical surface.
“Expert systems” (7) mean systems providing results by application of rules to data which are stored independently of the “programme” and capable of any of the following:
a. |
Modifying automatically the “source code” introduced by the user; |
b. |
Providing knowledge linked to a class of problems in quasi-natural language; or |
c. |
Acquiring the knowledge required for their development (symbolic training). |
“Explosives” (1) means solid, liquid or gaseous substances or mixtures of substances which, in their application as primary, booster, or main charges in warheads, demolition and other applications, are required to detonate.
“FADEC Systems” (7 9) means Full Authority Digital Engine Control Systems — A digital electronic control system for a gas turbine engine that is able to autonomously control the engine throughout its whole operating range from demanded engine start until demanded engine shut-down, in both normal and fault conditions.
“Fault tolerance” (4) is the capability of a computer system, after any malfunction of any of its hardware or “software” components, to continue to operate without human intervention, at a given level of service that provides: continuity of operation, data integrity and recovery of service within a given time.
“Fibrous or filamentary materials” (0 1 8) include:
a. |
Continuous “monofilaments”; |
b. |
Continuous “yarns” and “rovings”; |
c. |
“Tapes”, fabrics, random mats and braids; |
d. |
Chopped fibres, staple fibres and coherent fibre blankets; |
e. |
Whiskers, either monocrystalline or polycrystalline, of any length; |
f. |
Aromatic polyamide pulp. |
“Film type integrated circuit” (3) means an array of ‘circuit elements’ and metallic interconnections formed by deposition of a thick or thin film on an insulating “substrate”.
NB: |
‘Circuit element’ is a single active or passive functional part of an electronic circuit, such as one diode, one transistor, one resistor, one capacitor, etc. |
“Fixed” (5) means that the coding or compression algorithm cannot accept externally supplied parameters (e.g. cryptographic or key variables) and cannot be modified by the user.
“Flight control optical sensor array” (7) is a network of distributed optical sensors, using “laser” beams, to provide real-time flight control data for on-board processing.
“Flight path optimisation” (7) is a procedure that minimises deviations from a four-dimensional (space and time) desired trajectory based on maximising performance or effectiveness for mission tasks.
“Focal plane array” (6 8) means a linear or two-dimensional planar layer, or combination of planar layers, of individual detector elements, with or without readout electronics, which work in the focal plane.
NB: |
This is not intended to include a stack of single detector elements or any two, three or four element detectors provided time delay and integration is not performed within the element. |
“Fractional bandwidth” (3 5) means the “instantaneous bandwidth” divided by the centre frequency, expressed as a percentage.
“Frequency hopping” (5) means a form of “spread spectrum” in which the transmission frequency of a single communication channel is made to change by a random or pseudo-random sequence of discrete steps.
“Frequency switching time” (3 5) means the time (i.e. delay) taken by a signal when switched from an initial specified output frequency, to arrive at or within ± 0,05 % of a final specified output frequency. Items having a specified frequency range of less than ± 0,05 % around their centre frequency are defined to be incapable of frequency switching.
“Frequency synthesiser” (3) means any kind of frequency source, regardless of the actual technique used, providing a multiplicity of simultaneous or alternative output frequencies, from one or more outputs, controlled by, derived from or disciplined by a lesser number of standard (or master) frequencies.
“Fuel cell” (8) is an electrochemical device that converts chemical energy directly into Direct Current (DC) electricity by consuming fuel from an external source.
“Fusible” (1) means capable of being cross-linked or polymerised further (cured) by the use of heat, radiation, catalysts, etc., or that can be melted without pyrolysis (charring).
“Gas Atomisation” (1) means a process to reduce a molten stream of metal alloy to droplets of 500 micrometre diameter or less by a high pressure gas stream.
“Geographically dispersed” (6) is where each location is distant from any other more than 1 500 m in any direction. Mobile sensors are always considered “geographically dispersed”.
“Guidance set” (7) means systems that integrate the process of measuring and computing a vehicles position and velocity (i.e. navigation) with that of computing and sending commands to the vehicles flight control systems to correct the trajectory.
“Hot isostatic densification” (2) means the process of pressurising a casting at temperatures exceeding 375 K (102 °C) in a closed cavity through various media (gas, liquid, solid particles, etc.) to create equal force in all directions to reduce or eliminate internal voids in the casting.
“Hybrid integrated circuit” (3) means any combination of integrated circuit(s), or integrated circuit with ‘circuit elements’ or ‘discrete components’ connected together to perform (a) specific function(s), and having all of the following characteristics:
a. |
Containing at least one unencapsulated device; |
b. |
Connected together using typical IC production methods; |
c. |
Replaceable as an entity; and |
d. |
Not normally capable of being disassembled. |
NB 1: |
‘Circuit element’: a single active or passive functional part of an electronic circuit, such as one diode, one transistor, one resistor, one capacitor, etc. |
NB 2: |
‘Discrete component’: a separately packaged ‘circuit element’ with its own external connections. |
“Image enhancement” (4) means the processing of externally derived information-bearing images by algorithms such as time compression, filtering, extraction, selection, correlation, convolution or transformations between domains (e.g. fast Fourier transform or Walsh transform). This does not include algorithms using only linear or rotational transformation of a single image, such as translation, feature extraction, registration or false coloration.
“Immunotoxin” (1) is a conjugate of one cell specific monoclonal antibody and a “toxin” or “sub-unit of toxin”, that selectively affects diseased cells.
“In the public domain” (GTN NTN GSN), as it applies herein, means “technology” or “software” which has been made available without restrictions upon its further dissemination (copyright restrictions do not remove “technology” or “software” from being “in the public domain”).
“Information security” (4 5) is all the means and functions ensuring the accessibility, confidentiality or integrity of information or communications, excluding the means and functions intended to safeguard against malfunctions. This includes “cryptography”, “cryptographic activation”, ‘cryptanalysis’, protection against compromising emanations and computer security.
NB: |
‘Cryptanalysis’: analysis of a cryptographic system or its inputs and outputs to derive confidential variables or sensitive data, including clear text. |
“Instantaneous bandwidth” (3 5 7) means the bandwidth over which output power remains constant within 3 dB without adjustment of other operating parameters.
“Instrumented range” (6) means the specified unambiguous display range of a radar.
“Insulation” (9) is applied to the components of a rocket motor, i.e. the case, nozzle, inlets, case closures, and includes cured or semi-cured compounded rubber sheet stock containing an insulating or refractory material. It may also be incorporated as stress relief boots or flaps.
“Interior lining” (9) is suited for the bond interface between the solid propellant and the case or insulating liner. Usually a liquid polymer based dispersion of refractory or insulating materials, e.g. carbon filled hydroxyl terminated polybutadiene (HTPB) or other polymer with added curing agents sprayed or screeded over a case interior.
“Intrinsic Magnetic Gradiometer” (6) is a single magnetic field gradient sensing element and associated electronics the output of which is a measure of magnetic field gradient.
NB: |
See also “magnetic gradiometer”. |
“Isolated live cultures” (1) includes live cultures in dormant form and in dried preparations.
“Isostatic presses” (2) mean equipment capable of pressurising a closed cavity through various media (gas, liquid, solid particles, etc.) to create equal pressure in all directions within the cavity upon a workpiece or material.
“Laser” (0 2 3 5 6 7 8 9) is an assembly of components which produce both spatially and temporally coherent light that is amplified by stimulated emission of radiation.
NB: |
See also:
“Chemical laser”; “Super High Power Laser”; “Transfer laser”. |
“Laser duration” (def) means the time over which a “laser” emits “laser” radiation, which for “pulsed lasers” corresponds to the time over which a single pulse or series of consecutive pulses is emitted.
“Lighter-than-air vehicles” (9) means balloons and airships that rely on hot air or other lighter-than-air gases such as helium or hydrogen for their lift.
“Linearity” (2) (usually measured in terms of non-linearity) means the maximum deviation of the actual characteristic (average of upscale and downscale readings), positive or negative, from a straight line so positioned as to equalise and minimise the maximum deviations.
“Local area network” (4 5) is a data communication system having all of the following characteristics:
a. |
Allows an arbitrary number of independent ‘data devices’ to communicate directly with each other; and |
b. |
Is confined to a geographical area of moderate size (e.g. office building, plant, campus, warehouse). |
NB: |
‘Data device’ means equipment capable of transmitting or receiving sequences of digital information. |
“Magnetic Gradiometers” (6) are instruments designed to detect the spatial variation of magnetic fields from sources external to the instrument. They consist of multiple “magnetometers” and associated electronics the output of which is a measure of magnetic field gradient.
NB: |
See also “intrinsic magnetic gradiometer”. |
“Magnetometers” (6) are instruments designed to detect magnetic fields from sources external to the instrument. They consist of a single magnetic field sensing element and associated electronics the output of which is a measure of the magnetic field.
“Main storage” (4) means the primary storage for data or instructions for rapid access by a central processing unit. It consists of the internal storage of a “digital computer” and any hierarchical extension thereto, such as cache storage or non-sequentially accessed extended storage.
“Materials resistant to corrosion by UF6 ” (0) may be copper, stainless steel, aluminium, aluminium oxide, aluminium alloys, nickel or alloy containing 60 weight percent or more nickel and UF6-resistant fluorinated hydrocarbon polymers, as appropriate for the type of separation process.
“Matrix” (1 2 8 9) means a substantially continuous phase that fills the space between particles, whiskers or fibres.
“Measurement uncertainty” (2) is the characteristic parameter which specifies in what range around the output value the correct value of the measurable variable lies with a confidence level of 95 %. It includes the uncorrected systematic deviations, the uncorrected backlash and the random deviations (ref. ISO 10360-2, or VDI/VDE 2617).
“Mechanical Alloying” (1) means an alloying process resulting from the bonding, fracturing and rebonding of elemental and master alloy powders by mechanical impact. Non-metallic particles may be incorporated in the alloy by addition of the appropriate powders.
“Melt Extraction” (1) means a process to ‘solidify rapidly’ and extract a ribbon-like alloy product by the insertion of a short segment of a rotating chilled block into a bath of a molten metal alloy.
NB: |
‘Solidify rapidly’: solidification of molten material at cooling rates exceeding 1 000 K/s. |
“Melt Spinning” (1) means a process to ‘solidify rapidly’ a molten metal stream impinging upon a rotating chilled block, forming a flake, ribbon or rod-like product.
NB: |
‘Solidify rapidly’: solidification of molten material at cooling rates exceeding 1 000 K/s. |
“Microcomputer microcircuit” (3) means a “monolithic integrated circuit” or “multichip integrated circuit” containing an arithmetic logic unit (ALU) capable of executing general purpose instructions from an internal storage, on data contained in the internal storage.
NB: |
The internal storage may be augmented by an external storage. |
“Microprocessor microcircuit” (3) means a “monolithic integrated circuit” or “multichip integrated circuit” containing an arithmetic logic unit (ALU) capable of executing a series of general purpose instructions from an external storage.
NB 1: |
The “microprocessor microcircuit” normally does not contain integral user-accessible storage, although storage present on-the-chip may be used in performing its logic function. |
NB 2: |
This includes chip sets which are designed to operate together to provide the function of a “microprocessor microcircuit”. |
“Microorganisms” (1 2) means bacteria, viruses, mycoplasms, rickettsiae, chlamydiae or fungi, whether natural, enhanced or modified, either in the form of “isolated live cultures” or as material including living material which has been deliberately inoculated or contaminated with such cultures.
“Missiles” (1 3 6 7 9) means complete rocket systems and unmanned aerial vehicle systems, capable of delivering at least 500 kg payload to a range of at least 300 km.
“Monofilament” (1) or filament is the smallest increment of fibre, usually several micrometres in diameter.
“Monolithic integrated circuit” (3) means a combination of passive or active ‘circuit elements’ or both which:
a. |
Are formed by means of diffusion processes, implantation processes or deposition processes in or on a single semiconducting piece of material, a so-called ‘chip’; |
b. |
Can be considered as indivisibly associated; and |
c. |
Perform the function(s) of a circuit. |
NB: |
‘Circuit element’ is a single active or passive functional part of an electronic circuit, such as one diode, one transistor, one resistor, one capacitor, etc. |
“Monospectral imaging sensors” (6) are capable of acquisition of imaging data from one discrete spectral band.
“Multichip integrated circuit” (3) means two or more “monolithic integrated circuits” bonded to a common “substrate”.
“Multispectral imaging sensors” (6) are capable of simultaneous or serial acquisition of imaging data from two or more discrete spectral bands. Sensors having more than twenty discrete spectral bands are sometimes referred to as hyperspectral imaging sensors.
“Natural uranium” (0) means uranium containing the mixtures of isotopes occurring in nature.
“Network access controller” (4) means a physical interface to a distributed switching network. It uses a common medium which operates throughout at the same “digital transfer rate” using arbitration (e.g. token or carrier sense) for transmission. Independently from any other, it selects data packets or data groups (e.g. IEEE 802) addressed to it. It is an assembly that can be integrated into computer or telecommunications equipment to provide communications access.
“Neural computer” (4) means a computational device designed or modified to mimic the behaviour of a neuron or a collection of neurons, i.e. a computational device which is distinguished by its hardware capability to modulate the weights and numbers of the interconnections of a multiplicity of computational components based on previous data.
“Nuclear reactor” (0) means a complete reactor capable of operation so as to maintain a controlled self-sustaining fission chain reaction. A “nuclear reactor” includes all the items within or attached directly to the reactor vessel, the equipment which controls the level of power in the core, and the components which normally contain, come into direct contact with or control the primary coolant of the reactor core.
“Numerical control” (2) means the automatic control of a process performed by a device that makes use of numeric data usually introduced as the operation is in progress (ref. ISO 2382).
“Object code” (9) means an equipment executable form of a convenient expression of one or more processes (“source code” (source language)) which has been compiled by programming system.
“Optical amplification” (5), in optical communications, means an amplification technique that introduces a gain of optical signals that have been generated by a separate optical source, without conversion to electrical signals, i.e. using semiconductor optical amplifiers, optical fibre luminescent amplifiers.
“Optical computer” (4) means a computer designed or modified to use light to represent data and whose computational logic elements are based on directly coupled optical devices.
“Optical integrated circuit” (3) means a “monolithic integrated circuit” or a “hybrid integrated circuit”, containing one or more parts designed to function as a photosensor or photoemitter or to perform (an) optical or (an) electro-optical function(s).
“Optical switching” (5) means the routing of or switching of signals in optical form without conversion to electrical signals.
“Overall current density” (3) means the total number of ampere-turns in the coil (i.e. the sum of the number of turns multiplied by the maximum current carried by each turn) divided by the total cross-section of the coil (comprising the superconducting filaments, the metallic matrix in which the superconducting filaments are embedded, the encapsulating material, any cooling channels, etc.).
“Participating state” (7 9) is a state participating in the Wassenaar Arrangement.
“Peak power” (6), means the highest level of power attained in the “laser duration”.
“Personal area network” (5) means a data communication system having all of the following characteristics:
a. |
Allows an arbitrary number of independent or interconnected ‘data devices’ to communicate directly with each other; and |
b. |
Is confined to the communication between devices within the immediate vicinity of an individual person or device controller (e.g. single room, office, or automobile). |
Technical Note:
‘Data device’ means equipment capable of transmitting or receiving sequences of digital information.
“Power management” (7) means changing the transmitted power of the altimeter signal so that received power at the “aircraft” altitude is always at the minimum necessary to determine the altitude.
“Pressure transducers” (2) are devices that convert pressure measurements into an electrical signal.
“Previously separated” (0 1) means the application of any process intended to increase the concentration of the controlled isotope.
“Primary flight control” (7) means an “aircraft” stability or manoeuvring control using force/moment generators, i.e. aerodynamic control surfaces or propulsive thrust vectoring.
“Principal element” (4), as it applies in Category 4, is a “principal element” when its replacement value is more than 35 % of the total value of the system of which it is an element. Element value is the price paid for the element by the manufacturer of the system, or by the system integrator. Total value is the normal international selling price to unrelated parties at the point of manufacture or consolidation of shipment.
“Production” (GTN NTN All) means all production phases, such as: construction, production engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance.
“Production equipment” (1 7 9) means tooling, templates, jigs, mandrels, moulds, dies, fixtures, alignment mechanisms, test equipment, other machinery and components therefor, limited to those specially designed or modified for “development” or for one or more phases of “production”.
“Production facilities” (7 9) means “production equipment” and specially designed software therefor integrated into installations for “development” or for one or more phases of “production”.
“Programme” (2 6) means a sequence of instructions to carry out a process in, or convertible into, a form executable by an electronic computer.
“Pulse compression” (6) means the coding and processing of a radar signal pulse of long time duration to one of short time duration, while maintaining the benefits of high pulse energy.
“Pulse duration” (6) is the duration of a “laser” pulse measured at Full Width Half Intensity (FWHI) levels.
“Pulsed laser” (6) means a “laser” having a “pulse duration” that is less than or equal to 0,25 seconds.
“Quantum cryptography” (5) means a family of techniques for the establishment of shared key for “cryptography” by measuring the quantum-mechanical properties of a physical system (including those physical properties explicitly governed by quantum optics, quantum field theory or quantum electrodynamics).
“Radar frequency agility” (6) means any technique which changes, in a pseudo-random sequence, the carrier frequency of a pulsed radar transmitter between pulses or between groups of pulses by an amount equal to or larger than the pulse bandwidth.
“Radar spread spectrum” (6) means any modulation technique for spreading energy originating from a signal with a relatively narrow frequency band, over a much wider band of frequencies, by using random or pseudo-random coding.
“Radiant sensitivity” (6) is Radiant sensitivity (mA/W) = 0,807 × (wavelength in nm) × Quantum Efficiency (QE).
Technical Note:
QE is usually expressed as a percentage; however, for the purposes of this formula QE is expressed as a decimal number less than one, e.g. 78 % is 0,78.
“Real-time bandwidth” (3) for “dynamic signal analysers” is the widest frequency range which the analyser can output to display or mass storage without causing any discontinuity in the analysis of the input data. For analysers with more than one channel, the channel configuration yielding the widest “real-time bandwidth” shall be used to make the calculation.
“Real-time processing” (2 6 7) means the processing of data by a computer system providing a required level of service, as a function of available resources, within a guaranteed response time, regardless of the load of the system, when stimulated by an external event.
“Repeatability” (7) means the closeness of agreement among repeated measurements of the same variable under the same operating conditions when changes in conditions or non-operating periods occur between measurements (Reference: IEEE STD 528-2001 (one sigma standard deviation)).
“Required” (GTN 1-9), as applied to “technology”, refers to only that portion of “technology” which is peculiarly responsible for achieving or extending the controlled performance levels, characteristics or functions. Such “required” “technology” may be shared by different goods.
“Resolution” (2) means the least increment of a measuring device; on digital instruments, the least significant bit (ref. ANSI B-89.1.12).
“Riot control agent” (1) means substances which, under the expected conditions of use for riot control purposes, produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure.
Technical Note:
Tear gases are a subset of “riot control agents”.
“Robot” (2 8) means a manipulation mechanism, which may be of the continuous path or of the point-to-point variety, may use sensors, and has all the following characteristics:
a. |
Is multifunctional; |
b. |
Is capable of positioning or orienting material, parts, tools or special devices through variable movements in three dimensional space; |
c. |
Incorporates three or more closed or open loop servo-devices which may include stepping motors; and |
d. |
Has “user accessible programmability” by means of teach/playback method or by means of an electronic computer which may be a programmable logic controller, i.e. without mechanical intervention. |
NB: |
The above definition does not include the following devices:
|
“Rotary atomisation” (1) means a process to reduce a stream or pool of molten metal to droplets to a diameter of 500 micrometer or less by centrifugal force.
“Roving” (1) is a bundle (typically 12-120) of approximately parallel ‘strands’.
NB: |
‘Strand’ is a bundle of “monofilaments” (typically over 200) arranged approximately parallel. |
“Run-out” (2) (out-of-true running) means radial displacement in one revolution of the main spindle measured in a plane perpendicular to the spindle axis at a point on the external or internal revolving surface to be tested (Reference: ISO 230/1 1986, paragraph 5.61).
“Scale factor” (gyro or accelerometer) (7) means the ratio of change in output to a change in the input intended to be measured. Scale factor is generally evaluated as the slope of the straight line that can be fitted by the method of least squares to input-output data obtained by varying the input cyclically over the input range.
“Settling time” (3) means the time required for the output to come within one-half bit of the final value when switching between any two levels of the converter.
“SHPL” is equivalent to “super high power laser”.
“Signal analysers” (3) means apparatus capable of measuring and displaying basic properties of the single-frequency components of multi-frequency signals.
“Signal processing” (3 4 5 6) means the processing of externally derived information-bearing signals by algorithms such as time compression, filtering, extraction, selection, correlation, convolution or transformations between domains (e.g. fast Fourier transform or Walsh transform).
“Software” (GSN All) means a collection of one or more “programmes” or ‘microprogrammes’ fixed in any tangible medium of expression.
NB: |
‘Microprogramme’ means a sequence of elementary instructions, maintained in a special storage, the execution of which is initiated by the introduction of its reference instruction into an instruction register. |
“Source code” (or source language) (6 7 9) is a convenient expression of one or more processes which may be turned by a programming system into equipment executable form (“object code” (or object language)).
“Spacecraft” (7 9) means active and passive satellites and space probes.
“Space-qualified” (3 6 8) refers to products designed, manufactured and tested to meet the special electrical, mechanical or environmental requirements for use in the launch and deployment of satellites or high altitude flight systems operating at altitudes of 100 km or higher.
“Special fissile material” (0) means plutonium-239, uranium-233, “uranium enriched in the isotopes 235 or 233”, and any material containing the foregoing.
“Specific modulus” (0 1 9) is Young’s modulus in pascals, equivalent to N/m2 divided by specific weight in N/m3, measured at a temperature of (296 ± 2) K ((23 ± 2) °C) and a relative humidity of (50 ± 5) %.
“Specific tensile strength” (0 1 9) is ultimate tensile strength in pascals, equivalent to N/m2 divided by specific weight in N/m3, measured at a temperature of (296 ± 2) K ((23 ± 2) °C) and a relative humidity of (50 ± 5) %.
“Splat Quenching” (1) means a process to ‘solidify rapidly’ a molten metal stream impinging upon a chilled block, forming a flake-like product.
NB: |
‘Solidify rapidly’ solidification of molten material at cooling rates exceeding 1 000 K/s. |
“Spread spectrum” (5) means the technique whereby energy in a relatively narrow-band communication channel is spread over a much wider energy spectrum.
“Spread spectrum” radar (6) — see “Radar spread spectrum”
“Stability” (7) means the standard deviation (1 sigma) of the variation of a particular parameter from its calibrated value measured under stable temperature conditions. This can be expressed as a function of time.
“States (not) Party to the Chemical Weapon Convention” (1) are those states for which the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons has (not) entered into force.
“Substrate” (3) means a sheet of base material with or without an interconnection pattern and on which or within which ‘discrete components’ or integrated circuits or both can be located.
NB 1: |
‘Discrete component’: a separately packaged ‘circuit element’ with its own external connections. |
NB 2: |
‘Circuit element’: a single active or passive functional part of an electronic circuit, such as one diode, one transistor, one resistor, one capacitor, etc. |
“Substrate blanks” (6) means monolithic compounds with dimensions suitable for the production of optical elements such as mirrors or optical windows.
“Sub-unit of toxin” (1) is a structurally and functionally discrete component of a whole “toxin”.
“Superalloys” (2 9) means nickel-, cobalt- or iron-base alloys having strengths superior to any alloys in the AISI 300 series at temperatures over 922 K (649 °C) under severe environmental and operating conditions.
“Superconductive” (1 3 5 6 8) means materials, i.e. metals, alloys or compounds, which can lose all electrical resistance, i.e. which can attain infinite electrical conductivity and carry very large electrical currents without Joule heating.
NB: |
The “superconductive” state of a material is individually characterised by a “critical temperature”, a critical magnetic field, which is a function of temperature, and a critical current density which is, however, a function of both magnetic field and temperature. |
“Super High Power Laser” (“SHPL”) (6) means a “laser” capable of delivering (the total or any portion of) the output energy exceeding 1 kJ within 50 ms or having an average or CW power exceeding 20 kW.
“Superplastic forming” (1 2) means a deformation process using heat for metals that are normally characterised by low values of elongation (less than 20 %) at the breaking point as determined at room temperature by conventional tensile strength testing, in order to achieve elongations during processing which are at least 2 times those values.
“Symmetric algorithm” (5) means a cryptographic algorithm using an identical key for both encryption and decryption.
NB: |
A common use of “symmetric algorithms” is confidentiality of data. |
“System tracks” (6) means processed, correlated (fusion of radar target data to flight plan position) and updated aircraft flight position report available to the Air Traffic Control centre controllers.
“Systolic array computer” (4) means a computer where the flow and modification of the data is dynamically controllable at the logic gate level by the user.
“Tape” (1) is a material constructed of interlaced or unidirectional “monofilaments”, ‘strands’, “rovings”, “tows”, or “yarns”, etc., usually preimpregnated with resin.
NB: |
‘Strand’ is a bundle of “monofilaments” (typically over 200) arranged approximately parallel. |
“Technology” (GTN NTN All) means specific information necessary for the “development”, “production” or “use” of goods. This information takes the form of ‘technical data’ or ‘technical assistance’.
NB 1: |
‘Technical assistance’ may take forms such as instructions, skills, training, working knowledge and consulting services and may involve the transfer of ‘technical data’. |
NB 2: |
‘Technical data’ may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories. |
“Tilting spindle” (2) means a tool-holding spindle which alters, during the machining process, the angular position of its centre line with respect to any other axis.
“Time constant” (6) is the time taken from the application of a light stimulus for the current increment to reach a value of 1-1/e times the final value (i.e. 63 % of the final value).
“Tip shroud” (9) means a stationary ring component (solid or segmented) attached to the inner surface of the engine turbine casing or a feature at the outer tip of the turbine blade, which primarily provides a gas seal between the stationary and rotating components.
“Total control of flight” (7) means an automated control of “aircraft” state variables and flight path to meet mission objectives responding to real-time changes in data regarding objectives, hazards or other “aircraft”.
“Total digital transfer rate” (5) means the number of bits, including line coding, overhead and so forth per unit time passing between corresponding equipment in a digital transmission system.
NB: |
See also “digital transfer rate”. |
“Tow” (1) is a bundle of “monofilaments”, usually approximately parallel.
“Toxins” (1 2) means toxins in the form of deliberately isolated preparations or mixtures, no matter how produced, other than toxins present as contaminants of other materials such as pathological specimens, crops, foodstuffs or seed stocks of “microorganisms”.
“Transfer laser” (6) means a “laser” in which the lasing species is excited through the transfer of energy by collision of a non-lasing atom or molecule with a lasing atom or molecule species.
“Tunable” (6) means the ability of a “laser” to produce a continuous output at all wavelengths over a range of several “laser” transitions. A line selectable “laser” produces discrete wavelengths within one “laser” transition and is not considered “tunable”.
“Unmanned Aerial Vehicle” (“UAV”) (9) means any aircraft capable of initiating flight and sustaining controlled flight and navigation without any human presence on board.
“Uranium enriched in the isotopes 235 or 233” (0) means uranium containing the isotopes 235 or 233, or both, in an amount such that the abundance ratio of the sum of these isotopes to the isotope 238 is more than the ratio of the isotope 235 to the isotope 238 occurring in nature (isotopic ratio 0,71 per cent).
“Use” (GTN NTN All) means operation, installation (including on-site installation), maintenance (checking), repair, overhaul and refurbishing.
“User accessible programmability” (6) means the facility allowing a user to insert, modify or replace “programmes” by means other than:
a. |
A physical change in wiring or interconnections; or |
b. |
The setting of function controls including entry of parameters. |
“Vaccine” (1) is a medicinal product in a pharmaceutical formulation licensed by, or having marketing or clinical trial authorisation from, the regulatory authorities of either the country of manufacture or of use, which is intended to stimulate a protective immunological response in humans or animals in order to prevent disease in those to whom or to which it is administered.
“Vacuum Atomisation” (1) means a process to reduce a molten stream of metal to droplets of a diameter of 500 micrometre or less by the rapid evolution of a dissolved gas upon exposure to a vacuum.
“Variable geometry airfoils” (7) means the use of trailing edge flaps or tabs, or leading edge slats or pivoted nose droop, the position of which can be controlled in flight.
“Yarn” (1) is a bundle of twisted ‘strands’.
NB: |
‘Strand’ is a bundle of “monofilaments” (typically over 200) arranged approximately parallel. |
CATEGORY 0
NUCLEAR MATERIALS, FACILITIES, AND EQUIPMENT
0A
Systems, Equipment and Components
0A001
“Nuclear reactors” and specially designed or prepared equipment and components therefor, as follows:
a. |
“Nuclear reactors”; |
b. |
Metal vessels, or major shop-fabricated parts therefor, including the reactor vessel head for a reactor pressure vessel, specially designed or prepared to contain the core of a “nuclear reactor”; |
c. |
Manipulative equipment specially designed or prepared for inserting or removing fuel in a “nuclear reactor”; |
d. |
Control rods specially designed or prepared for the control of the fission process in a “nuclear reactor”, support or suspension structures therefor, rod drive mechanisms and rod guide tubes; |
e. |
Pressure tubes specially designed or prepared to contain fuel elements and the primary coolant in a “nuclear reactor” at an operating pressure in excess of 5,1 MPa; |
f. |
Zirconium metal and alloys in the form of tubes or assemblies of tubes in which the ratio of hafnium to zirconium is less than 1:500 parts by weight, specially designed or prepared for use in a “nuclear reactor”; |
g. |
Coolant pumps specially designed or prepared for circulating the primary coolant of “nuclear reactors”; |
h. |
‘Nuclear reactor internals’ specially designed or prepared for use in a “nuclear reactor”, including support columns for the core, fuel channels, thermal shields, baffles, core grid plates, and diffuser plates;
|
i. |
Heat exchangers (steam generators) specially designed or prepared for use in the primary coolant circuit of a “nuclear reactor”; |
j. |
Neutron detection and measuring instruments specially designed or prepared for determining neutron flux levels within the core of a “nuclear reactor”. |
0B
Test, Inspection and Production Equipment
0B001
Plant for the separation of isotopes of “natural uranium”, “depleted uranium” and “special fissile materials”, and specially designed or prepared equipment and components therefor, as follows:
a. |
Plant specially designed for separating isotopes of “natural uranium”, “depleted uranium”, and “special fissile materials”, as follows:
|
b. |
Gas centrifuges and assemblies and components, specially designed or prepared for gas centrifuge separation process, as follows:
|
c. |
Equipment and components, specially designed or prepared for gaseous diffusion separation process, as follows:
|
d. |
Equipment and components, specially designed or prepared for aerodynamic separation process, as follows:
|
e. |
Equipment and components, specially designed or prepared for chemical exchange separation process, as follows:
|
f. |
Equipment and components, specially designed or prepared for ion-exchange separation process, as follows:
|
g. |
Equipment and components, specially designed or prepared for atomic vapour “laser” isotope separation process (AVLIS), as follows:
|
h. |
Equipment and components, specially designed or prepared for molecular “laser” isotope separation process (MLIS) or chemical reaction by isotope selective laser activation (CRISLA), as follows:
|
i. |
Equipment and components, specially designed or prepared for plasma separation process, as follows:
|
j. |
Equipment and components, specially designed or prepared for electromagnetic separation process, as follows:
|
0B002
Specially designed or prepared auxiliary systems, equipment and components, as follows, for isotope separation plant specified in 0B001, made of or protected by “materials resistant to corrosion by UF6
”:
a. |
Feed autoclaves, ovens or systems used for passing UF6 to the enrichment process; |
b. |
Desublimers or cold traps, used to remove UF6 from the enrichment process for subsequent transfer upon heating; |
c. |
Product and tails stations for transferring UF6 into containers; |
d. |
Liquefaction or solidification stations used to remove UF6 from the enrichment process by compressing, cooling and converting UF6 to a liquid or solid form; |
e. |
Piping systems and header systems specially designed for handling UF6 within gaseous diffusion, centrifuge or aerodynamic cascades; |
f. |
|
g. |
UF6 mass spectrometers/ion sources specially designed or prepared for taking on-line samples of feed, product or tails from UF6 gas streams and having all of the following characteristics:
|
0B003
Plant for the conversion of uranium and equipment specially designed or prepared therefor, as follows:
a. |
Systems for the conversion of uranium ore concentrates to UO3; |
b. |
Systems for the conversion of UO3 to UF6; |
c. |
Systems for the conversion of UO3 to UO2; |
d. |
Systems for the conversion of UO2 to UF4; |
e. |
Systems for the conversion of UF4 to UF6; |
f. |
Systems for the conversion of UF4 to uranium metal; |
g. |
Systems for the conversion of UF6 to UO2; |
h. |
Systems for the conversion of UF6 to UF4; |
i. |
Systems for the conversion of UO2 to UCl4. |
0B004
Plant for the production or concentration of heavy water, deuterium and deuterium compounds and specially designed or prepared equipment and components therefor, as follows:
a. |
Plant for the production of heavy water, deuterium or deuterium compounds, as follows:
|
b. |
Equipment and components, as follows:
|
0B005
Plant specially designed for the fabrication of “nuclear reactor” fuel elements and specially designed or prepared equipment therefor.
Note: |
A plant for the fabrication of “nuclear reactor” fuel elements includes equipment which:
|
0B006
Plant for the reprocessing of irradiated “nuclear reactor” fuel elements, and specially designed or prepared equipment and components therefor.
Note: |
0B006 includes:
|
0B007
Plant for the conversion of plutonium and equipment specially designed or prepared therefor, as follows:
a. |
Systems for the conversion of plutonium nitrate to oxide; |
b. |
Systems for plutonium metal production. |
0C
Materials
0C001
“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;
Note: |
0C001 does not control the following:
|
0C002
“Special fissile materials”
Note: |
0C002 does not control four “effective grammes” or less when contained in a sensing component in instruments. |
0C003
Deuterium, heavy water (deuterium oxide) and other compounds of deuterium, and mixtures and solutions containing deuterium, in which the isotopic ratio of deuterium to hydrogen exceeds 1:5 000.
0C004
Graphite, nuclear grade, having a purity level of less than 5 parts per million ‘boron equivalent’ and with a density greater than 1,5 g/cm3.
NB: |
SEE ALSO 1C107 |
Note 1: |
0C004 does not control the following:
|
Note 2: |
In 0C004, ‘boron equivalent’ (BE) is defined as the sum of BEz for impurities (excluding BEcarbon since carbon is not considered an impurity) including boron, where:
BEZ (ppm) = CF × concentration of element Z in ppm;
and σB and σZ are the thermal neutron capture cross sections (in barns) for naturally occurring boron and element Z respectively; and AB and AZ are the atomic masses of naturally occurring boron and element Z respectively. |
0C005
Specially prepared compounds or powders for the manufacture of gaseous diffusion barriers, resistant to corrosion by UF6 (e.g. nickel or alloy containing 60 weight per cent or more nickel, aluminium oxide and fully fluorinated hydrocarbon polymers), having a purity of 99,9 weight per cent or more and a mean particle size of less than 10 micrometres measured by American Society for Testing and Materials (ASTM) B330 standard and a high degree of particle size uniformity.
0D
Software
0D001
“Software” specially designed or modified for the “development”, “production” or “use” of goods specified in this Category.
0E
Technology
0E001
“Technology” according to the Nuclear Technology Note for the “development”, “production” or “use” of goods specified in this Category.
CATEGORY 1
SPECIAL MATERIALS AND RELATED EQUIPMENT
1A
Systems, Equipment and Components
1A001
Components made from fluorinated compounds, as follows:
a. |
Seals, gaskets, sealants or fuel bladders, specially designed for “aircraft” or aerospace use, made from more than 50 % by weight of any of the materials specified in 1C009.b. or 1C009.c.; |
b. |
Piezoelectric polymers and copolymers, made from vinylidene fluoride (CAS 75-38-7) materials, specified in 1C009.a., having all of the following:
|
c. |
Seals, gaskets, valve seats, bladders or diaphragms, having all of the following:
|
1A002
“Composite” structures or laminates, having any of the following:
N.B: |
SEE ALSO 1A202, 9A010 AND 9A110 |
a. |
Consisting of an organic “matrix” and materials specified in 1C010.c., 1C010.d. or 1C010.e.; or |
b. |
Consisting of a metal or carbon “matrix”, and any of the following:
|
1A003
Manufactures of non-“fusible” aromatic polyimides in film, sheet, tape or ribbon form having any of the following:
a. |
A thickness exceeding 0,254 mm; or |
b. |
Coated or laminated with carbon, graphite, metals or magnetic substances. |
Note: |
1A003 does not control manufactures when coated or laminated with copper and designed for the production of electronic printed circuit boards. |
NB: |
For “fusible” aromatic polyimides in any form, see 1C008.a.3. |
1A004
Protective and detection equipment and components, other than those specified in military goods controls, as follows:
NB: |
SEE ALSO 2B351 AND 2B352. |
a. |
Gas masks, filter canisters and decontamination equipment therefor, designed or modified for defence against any of the following, and specially designed components therefor:
|
b. |
Protective suits, gloves and shoes, specially designed or modified for defence against any of the following:
|
c. |
Detection systems, specially designed or modified for detection or identification of any of the following, and specially designed components therefor:
|
d. |
Electronic equipment designed for automatically detecting or identifying the presence of “explosives” residues and utilising ‘trace detection’ techniques (e.g. surface acoustic wave, ion mobility spectrometry, differential mobility spectrometry, mass spectrometry). |
Technical Note:
‘Trace detection’ is defined as the capability to detect less than 1 ppm vapour, or 1 mg solid or liquid.
Note 1: |
1A004.d. does not control equipment specially designed for laboratory use. |
Note 2: |
1A004.d. does not control non-contact walk-through security portals. |
Note: |
1A004 does not control:
|
Technical Notes:
1. |
1A004 includes equipment and components that have been identified, successfully tested to national standards or otherwise proven effective, for the detection of or defence against radioactive materials “adapted for use in war”, biological agents “adapted for use in war”, chemical warfare agents, ‘simulants’ or “riot control agents”, even if such equipment or components are used in civil industries such as mining, quarrying, agriculture, pharmaceuticals, medical, veterinary, environmental, waste management, or the food industry. |
2. |
‘Simulant’ is a substance or material that is used in place of toxic agent (chemical or biological) in training, research, testing or evaluation. |
1A005
Body armour, and specially designed components therefor, other than those manufactured to military standards or specifications or to their equivalents in performance.
NB: |
SEE ALSO MILITARY GOODS CONTROLS. |
NB: |
For “fibrous or filamentary materials” used in the manufacture of body armour, see 1C010. |
Note 1: |
1A005 does not control body armour or protective garments, when accompanying their user for the user’s own personal protection. |
Note 2: |
1A005 does not control body armour designed to provide frontal protection only from both fragment and blast from non-military explosive devices. |
1A006
Equipment, specially designed or modified for the disposal of improvised explosive devices, as follows, and specially designed components and accessories therefor:
NB: |
SEE ALSO MILITARY GOODS CONTROLS. |
a. |
Remotely operated vehicles; |
b. |
‘Disruptors’. |
Technical Note:
‘Disruptors’ are devices specially designed for the purpose of preventing the operation of an explosive device by projecting a liquid, solid or frangible projectile.
Note: |
1A006 does not control equipment when accompanying its operator. |
1A007
Equipment and devices, specially designed to initiate charges and devices containing “energetic materials”, by electrical means, as follows:
NB: |
SEE ALSO MILITARY GOODS CONTROLS, 3A229 AND 3A232. |
a. |
Explosive detonator firing sets designed to drive explosive detonators specified in 1A007.b.; |
b. |
Electrically driven explosive detonators as follows:
|
Technical Notes:
1. |
The word initiator or igniter is sometimes used in place of the word detonator. |
2. |
For the purpose of 1A007.b. the detonators of concern all utilise a small electrical conductor (bridge, bridge wire, or foil) that explosively vaporises when a fast, high-current electrical pulse is passed through it. In non-slapper types, the exploding conductor starts a chemical detonation in a contacting high explosive material such as PETN (pentaerythritoltetranitrate). In slapper detonators, the explosive vaporisation of the electrical conductor drives a flyer or slapper across a gap, and the impact of the slapper on an explosive starts a chemical detonation. The slapper in some designs is driven by magnetic force. The term exploding foil detonator may refer to either an EB or a slapper-type detonator. |
1A008
Charges, devices and components, as follows:
a. |
‘Shaped charges’ having all of the following:
|
b. |
Linear shaped cutting charges having all of the following, and specially designed components therefor:
|
c. |
Detonating cord with explosive core load greater than 64 g/m; |
d. |
Cutters, other than those specified in 1A008.b., and severing tools, having a Net Explosive Quantity (NEQ) greater than 3,5 kg. |
Technical Note:
‘Shaped charges’ are explosive charges shaped to focus the effects of the explosive blast.
1A102
Resaturated pyrolised carbon-carbon components designed for space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.
1A202
Composite structures, other than those specified in 1A002, in the form of tubes and having both of the following characteristics:
NB: |
SEE ALSO 9A010 AND 9A110. |
a. |
An inside diameter of between 75 mm and 400 mm; and |
b. |
Made with any of the “fibrous or filamentary materials” specified in 1C010.a. or b. or 1C210.a. or with carbon prepreg materials specified in 1C210.c. |
1A225
Platinised catalysts specially designed or prepared 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.
1A226
Specialised packings which may be used in separating heavy water from ordinary water, having both of the following characteristics:
a. |
Made of phosphor bronze mesh chemically treated to improve wettability; and |
b. |
Designed to be used in vacuum distillation towers. |
1A227
High-density (lead glass or other) radiation shielding windows, having all of the following characteristics, and specially designed frames therefor:
a. |
A ‘cold area’ greater than 0,09 m2; |
b. |
A density greater than 3 g/cm3; and |
c. |
A thickness of 100 mm or greater. |
Technical Note:
In 1A227 the term ‘cold area’ means the viewing area of the window exposed to the lowest level of radiation in the design application.
1B
Test, Inspection and Production Equipment
1B001
Equipment for the production or inspection of “composite” structures or laminates specified in 1A002 or “fibrous or filamentary materials” specified in 1C010, as follows, and specially designed components and accessories therefor:
NB: |
SEE ALSO 1B101 AND 1B201. |
a. |
Filament winding machines, of which the motions for positioning, wrapping and winding fibres are coordinated and programmed in three or more ‘primary servo positioning’ axes, specially designed for the manufacture of “composite” structures or laminates, from “fibrous or filamentary materials”; |
b. |
Tape-laying machines, of which the motions for positioning and laying tape or sheets are coordinated and programmed in five or more ‘primary servo positioning’ axes, specially designed for the manufacture of “composite” airframe or ‘missile’ structures;
|
c. |
Multidirectional, multidimensional weaving machines or interlacing machines, including adapters and modification kits, specially designed or modified for weaving, interlacing or braiding fibres, for “composite” structures; Technical Note: For the purposes of 1B001.c., the technique of interlacing includes knitting. |
d. |
Equipment specially designed or adapted for the production of reinforcement fibres, as follows:
|
e. |
Equipment for producing prepregs specified in 1C010.e. by the hot melt method; |
f. |
Non-destructive inspection equipment specially designed for “composite” materials, as follows:
|
g. |
Tow-placement machines, of which the motions for positioning and laying tows or sheets are coordinated and programmed in two or more ‘primary servo positioning’ axes, specially designed for the manufacture of “composite” airframe or ‘missile’ structures. |
Technical Note:
For the purpose of 1B001, ‘primary servo positioning’ axes control, under computer program direction, the position of the end effector (i.e. head) in space relative to the work piece at the correct orientation and direction to achieve the desired process.
1B002
Equipment for producing metal alloys, metal alloy powder or alloyed materials, specially designed to avoid contamination and specially designed for use in one of the processes specified in 1C002.c.2.
NB: |
SEE ALSO 1B102. |
1B003
Tools, dies, moulds or fixtures, for “superplastic forming” or “diffusion bonding” titanium, aluminium or their alloys, specially designed for the manufacture of any of the following:
a. |
Airframe or aerospace structures; |
b. |
“Aircraft” or aerospace engines; or |
c. |
Specially designed components for structures specified in 1B003.a. or for engines specified in 1B003.b. |
1B101
Equipment, other than that specified in 1B001, for the “production” of structural composites as follows; and specially designed components and accessories therefor:
NB: |
SEE ALSO 1B201. |
Note: |
Components and accessories specified in 1B101 include moulds, mandrels, dies, fixtures and tooling for the preform pressing, curing, casting, sintering or bonding of composite structures, laminates and manufactures thereof. |
a. |
Filament winding machines or fibre placement machines, of which the motions for positioning, wrapping and winding fibres can be coordinated and programmed in three or more axes, designed to fabricate composite structures or laminates from fibrous or filamentary materials, and coordinating and programming controls; |
b. |
Tape-laying machines of which the motions for positioning and laying tape and sheets can be coordinated and programmed in two or more axes, designed for the manufacture of composite airframe and “missile” structures; |
c. |
Equipment designed or modified for the “production” of “fibrous or filamentary materials” as follows:
|
d. |
Equipment designed or modified for special fibre surface treatment or for producing prepregs and preforms specified in entry 9C110.
|
1B102
Metal powder “production equipment”, other than that specified in 1B002, and components as follows:
NB: |
SEE ALSO 1B115.b. |
a. |
Metal powder “production equipment” usable for the “production”, in a controlled environment, of spherical or atomised materials specified in 1C011.a., 1C011.b., 1C111.a.1., 1C111.a.2. or in the Military Goods Controls. |
b. |
Specially designed components for “production equipment” specified in 1B002 or 1B102.a. |
Note: |
1B102 includes:
|
1B115
Equipment, other than that specified in 1B002 or 1B102, for the production of propellant and propellant constituents, as follows, and specially designed components therefor:
a. |
“Production equipment” for the “production”, handling or acceptance testing of liquid propellants or propellant constituents specified in 1C011.a., 1C011.b., 1C111 or in the Military Goods Controls; |
b. |
“Production equipment” for the “production”, handling, mixing, curing, casting, pressing, machining, extruding or acceptance testing of solid propellants or propellant constituents specified in 1C011.a., 1C011.b., 1C111 or in the Military Goods Controls.
|
Note 1: |
For equipment specially designed for the production of military goods, see the Military Goods Controls. |
Note 2: |
1B115 does not control equipment for the “production”, handling and acceptance testing of boron carbide. |
1B116
Specially designed nozzles for producing pyrolitically derived materials formed on a mould, mandrel or other substrate from precursor gases which decompose in the 1 573 K (1 300 °C) to 3 173 K (2 900 °C) temperature range at pressures of 130 Pa to 20 kPa.
1B117
Batch mixers with provision for mixing under vacuum in the range of zero to 13,326 kPa and with temperature control capability of the mixing chamber and having all of the following, and specially designed components therefor:
a. |
A total volumetric capacity of 110 litres or more; and |
b. |
At least one mixing/kneading shaft mounted off centre. |
1B118
Continuous mixers with provision for mixing under vacuum in the range of zero to 13,326 kPa and with a temperature control capability of the mixing chamber having any of the following, and specially designed components therefor:
a. |
Two or more mixing/kneading shafts; or |
b. |
A single rotating shaft which oscillates and having kneading teeth/pins on the shaft as well as inside the casing of the mixing chamber. |
1B119
Fluid energy mills usable for grinding or milling substances specified in 1C011.a., 1C011.b., 1C111 or in the Military Goods Controls, and specially designed components therefor.
1B201
Filament winding machines, other than those specified in 1B001 or 1B101, and related equipment, as follows:
a. |
Filament winding machines having all of the following characteristics:
|
b. |
Coordinating and programming controls for the filament winding machines specified in 1B201.a.; |
c. |
Precision mandrels for the filament winding machines specified in 1B201.a. |
1B225
Electrolytic cells for fluorine production with an output capacity greater than 250 g of fluorine per hour.
1B226
Electromagnetic isotope separators designed for, or equipped with, single or multiple ion sources capable of providing a total ion beam current of 50 mA or greater.
Note: |
1B226 includes separators:
|
1B227
Ammonia synthesis converters or ammonia synthesis units, in which the synthesis gas (nitrogen and hydrogen) is withdrawn from an ammonia/hydrogen high-pressure exchange column and the synthesised ammonia is returned to said column.
1B228
Hydrogen-cryogenic distillation columns having all of the following characteristics:
a. |
Designed for operation with internal temperatures of 35 K (– 238 °C) or less; |
b. |
Designed for operation at an internal pressure of 0,5 to 5 MPa; |
c. |
Constructed of either:
|
d. |
With internal diameters of 1 m or greater and effective lengths of 5 m or greater. |
1B229
Water-hydrogen sulphide exchange tray columns and ‘internal contactors’, as follows:
NB: |
For columns which are specially designed or prepared for the production of heavy water see 0B004. |
a. |
Water-hydrogen sulphide exchange tray columns, having all of the following characteristics:
|
b. |
‘Internal contactors’ for the water-hydrogen sulphide exchange tray columns specified in 1B229.a. Technical Note: ‘Internal contactors’ of the columns are segmented trays which have an effective assembled diameter of 1,8 m or greater, are designed to facilitate countercurrent contacting and are constructed of stainless steels with a carbon content of 0,03 % or less These may be sieve trays, valve trays, bubble cap trays, or turbogrid trays. |
1B230
Pumps capable of circulating solutions of concentrated or dilute potassium amide catalyst in liquid ammonia (KNH2/NH3), having all of the following characteristics:
a. |
Airtight (i.e. hermetically sealed); |
b. |
A capacity greater than 8,5 m3/h; and |
c. |
Either of the following characteristics:
|
1B231
Tritium facilities or plants, and equipment therefor, as follows:
a. |
Facilities or plants for the production, recovery, extraction, concentration, or handling of tritium; |
b. |
Equipment for tritium facilities or plants, as follows:
|
1B232
Turboexpanders or turboexpander-compressor sets having both of the following characteristics:
a. |
Designed for operation with an outlet temperature of 35 K (– 238 °C) or less; and |
b. |
Designed for a throughput of hydrogen gas of 1 000 kg/h or greater. |
1B233
Lithium isotope separation facilities or plants, and equipment therefor, as follows:
a. |
Facilities or plants for the separation of lithium isotopes; |
b. |
Equipment for the separation of lithium isotopes, as follows:
|
1C
Materials
Technical Note:
Metals and alloys:
Unless provision to the contrary is made, the words ‘metals’ and ‘alloys’ in 1C001 to 1C012 cover crude and semi-fabricated forms, as follows:
Crude forms: Anodes, balls, bars (including notched bars and wire bars), billets, blocks, blooms, brickets, cakes, cathodes, crystals, cubes, dice, grains, granules, ingots, lumps, pellets, pigs, powder, rondelles, shot, slabs, slugs, sponge, sticks; |
Semi-fabricated forms (whether or not coated, plated, drilled or punched):
|
The object of the control should not be defeated by the export of non-listed forms alleged to be finished products but representing in reality crude forms or semi-fabricated forms.
1C001
Materials specially designed for use as absorbers of electromagnetic waves, or intrinsically conductive polymers, as follows:
NB: |
SEE ALSO 1C101. |
a. |
Materials for absorbing frequencies exceeding 2 × 108 Hz but less than 3 × 1012 Hz;
|
b. |
Materials for absorbing frequencies exceeding 1,5 × 1014 Hz but less than 3,7 × 1014 Hz and not transparent to visible light; |
c. |
Intrinsically conductive polymeric materials with a ‘bulk electrical conductivity’ exceeding 10 000 S/m (Siemens per metre) or a ‘sheet (surface) resistivity’ of less than 100 ohms/square, based on any of the following polymers:
Technical Note: ‘Bulk electrical conductivity’ and ‘sheet (surface) resistivity’ should be determined using ASTM D-257 or national equivalents. |
1C002
Metal alloys, metal alloy powder and alloyed materials, as follows:
NB: |
SEE ALSO 1C202. |
Note: |
1C002 does not control metal alloys, metal alloy powder and alloyed materials for coating substrates. |
Technical Notes:
1. |
The metal alloys in 1C002 are those containing a higher percentage by weight of the stated metal than of any other element. |
2. |
‘Stress-rupture life’ should be measured in accordance with ASTM standard E-139 or national equivalents. |
3. |
‘Low cycle fatigue life’ should be measured in accordance with ASTM Standard E-606 ‘Recommended Practice for Constant-Amplitude Low-Cycle Fatigue Testing’ or national equivalents. Testing should be axial with an average stress ratio equal to 1 and a stress-concentration factor (Kt) equal to 1. The average stress is defined as maximum stress minus minimum stress divided by maximum stress. |
a. |
Aluminides, as follows:
|
b. |
Metal alloys, as follows, made from the powder or particulate material specified in 1C002.c.:
|
c. |
Metal alloy powder or particulate material, having all of the following:
|
d. |
Alloyed materials having all of the following:
|
1C003
Magnetic metals, of all types and of whatever form, having any of the following:
a. |
Initial relative permeability of 120 000 or more and a thickness of 0,05 mm or less; Technical Note: Measurement of initial relative permeability must be performed on fully annealed materials. |
b. |
Magnetostrictive alloys having any of the following:
|
c. |
Amorphous or ‘nanocrystalline’ alloy strips, having all of the following:
Technical Note: ‘Nanocrystalline’ materials in 1C003.c. are those materials having a crystal grain size of 50 nm or less, as determined by X-ray diffraction. |
1C004
Uranium titanium alloys or tungsten alloys with a “matrix” based on iron, nickel or copper, having all of the following:
a. |
A density exceeding 17,5 g/cm3; |
b. |
An elastic limit exceeding 880 MPa; |
c. |
An ultimate tensile strength exceeding 1 270 MPa; and |
d. |
An elongation exceeding 8 %. |
1C005
“Superconductive” “composite” conductors in lengths exceeding 100 m or with a mass exceeding 100 g, as follows:
a. |
“Superconductive” “composite” conductors containing one or more niobium-titanium ‘filaments’, having both of the following:
|
b. |
“Superconductive” “composite” conductors consisting of one or more “superconductive” ‘filaments’ other than niobium-titanium, having all of the following:
|
c. |
“Superconductive” “composite” conductors consisting of one or more “superconductive” ‘filaments’ which remain “superconductive” above 115 K (– 158,16 °C). Technical Note: For the purpose of 1C005 ‘filaments’ may be in wire, cylinder, film, tape or ribbon form. |
1C006
Fluids and lubricating materials, as follows:
a. |
Hydraulic fluids containing, as their principal ingredients, any of the following:
|
b. |
Lubricating materials containing, as their principal ingredients, any of the following:
|
c. |
Damping or flotation fluids having all of the following:
|
d. |
Fluorocarbon electronic cooling fluids having all of the following:
|
Technical Note:
For the purpose of 1C006:
1. |
‘Flash point’ is determined using the Cleveland Open Cup Method described in ASTM D-92 or national equivalents; |
2. |
‘Pour point’ is determined using the method described in ASTM D-97 or national equivalents; |
3. |
‘Viscosity index’ is determined using the method described in ASTM D-2270 or national equivalents; |
4. |
‘Thermal stability’ is determined by the following test procedure or national equivalents: Twenty ml of the fluid under test is placed in a 46 ml type 317 stainless steel chamber containing one each of 12,5 mm (nominal) diameter balls of M-10 tool steel, 52100 steel and naval bronze (60 % Cu, 39 % Zn, 0,75 % Sn); The chamber is purged with nitrogen, sealed at atmospheric pressure and the temperature raised to and maintained at 644 ± 6 K (371 ± 6 °C) for six hours; The specimen will be considered thermally stable if, on completion of the above procedure, all of the following conditions are met:
|
5. |
‘Autogenous ignition’ temperature is determined using the method described in ASTM E-659 or national equivalents. |
1C007
Ceramic base materials, non-“composite” ceramic materials, ceramic-“matrix” “composite” materials and precursor materials, as follows:
NB: |
SEE ALSO 1C107. |
a. |
Base materials of single or complex borides of titanium, having total metallic impurities, excluding intentional additions, of less than 5 000 ppm, an average particle size equal to or less than 5 μm and no more than 10 % of the particles larger than 10 μm; |
b. |
Non-“composite” ceramic materials in crude or semi-fabricated form, composed of borides of titanium with a density of 98 % or more of the theoretical density;
|
c. |
Ceramic-ceramic “composite” materials with a glass or oxide-“matrix” and reinforced with fibres having all of the following:
|
d. |
Ceramic-ceramic “composite” materials, with or without a continuous metallic phase, incorporating particles, whiskers or fibres, where carbides or nitrides of silicon, zirconium or boron form the “matrix”; |
e. |
Precursor materials (i.e. special purpose polymeric or metallo-organic materials) for producing any phase or phases of the materials specified in 1C007.c., as follows:
|
f. |
Ceramic-ceramic “composite” materials with an oxide or glass “matrix” reinforced with continuous fibres from any of the following systems:
|
1C008
Non-fluorinated polymeric substances as follows:
a. |
Imides, as follows:
|
b. |
Thermoplastic liquid crystal copolymers having a heat distortion temperature exceeding 523 K (250 °C) measured according to ISO 75-2 (2004), method A or national equivalents, with a load of 1,80 N/mm2 and composed of:
|
c. |
Not used; |
d. |
Polyarylene ketones; |
e. |
Polyarylene sulphides, where the arylene group is biphenylene, triphenylene or combinations thereof; |
f. |
Polybiphenylenethersulphone having a ‘glass transition temperature (Tg)’ exceeding 513 K (240 °C). |
Technical Note:
The ‘glass transition temperature (Tg)’ for 1C008 materials is determined using the method described in ISO 11357-2 (1999) or national equivalents. In addition, for 1C008.a.2. materials, ‘glass transition temperature (Tg)’ is determined on a PAI test specimen having initially been cured at a minimum temperature of 310 °C for a minimum of 15 minutes.
1C009
Unprocessed fluorinated compounds as follows:
a. |
Copolymers of vinylidene fluoride having 75 % or more beta crystalline structure without stretching; |
b. |
Fluorinated polyimides containing 10 % by weight or more of combined fluorine; |
c. |
Fluorinated phosphazene elastomers containing 30 % by weight or more of combined fluorine. |
1C010
“Fibrous or filamentary materials”, as follows:
NB: |
SEE ALSO 1C210 AND 9C110. |
a. |
Organic “fibrous or filamentary materials”, having both of the following:
|
b. |
Carbon “fibrous or filamentary materials”, having both of the following:
Technical Note: Properties for materials described in 1C010.b. should be determined using SACMA recommended methods SRM 12 to 17, ISO 10618 (2004) 10.2.1 Method A or national equivalent tow tests and based on lot average. |
c. |
Inorganic “fibrous or filamentary materials”, having both of the following:
|
d. |
“Fibrous or filamentary materials”, having any of the following:
|
e. |
Fully or partially resin-impregnated or pitch-impregnated “fibrous or filamentary materials” (prepregs), metal or carbon-coated “fibrous or filamentary materials” (preforms) or “carbon fibre preforms”, having all of the following:
|
1C011
Metals and compounds, as follows:
NB: |
SEE ALSO MILITARY GOODS CONTROLS AND 1C111. |
a. |
Metals in particle sizes of less than 60 μm whether spherical, atomised, spheroidal, flaked or ground, manufactured from material consisting of 99 % or more of zirconium, magnesium and alloys thereof; Technical Note: The natural content of hafnium in the zirconium (typically 2 % to 7 %) is counted with the zirconium.
|
b. |
Boron or boron alloys, with a particle size of 60 μm or less, as follows:
|
c. |
Guanidine nitrate (CAS 506-93-4); |
d. |
Nitroguanidine (NQ) (CAS 556-88-7).
|
1C012
Materials as follows:
Technical Note:
These materials are typically used for nuclear heat sources.
a. |
Plutonium in any form with a plutonium isotopic assay of plutonium-238 of more than 50 % by weight;
|
b. |
“Previously separated” neptunium-237 in any form.
|
1C101
Materials and devices for reduced observables such as radar reflectivity, ultraviolet/infrared signatures and acoustic signatures, other than those specified in 1C001, usable in ‘missiles’, “missile” subsystems or unmanned aerial vehicles specified in 9A012.
Note 1: |
1C101 includes:
|
Note 2: |
1C101 does not include coatings when specially used for the thermal control of satellites. |
Technical Note:
In 1C101 ‘missile’ means complete rocket systems and unmanned aerial vehicle systems capable of a range exceeding 300 km.
1C102
Resaturated pyrolised carbon-carbon materials designed for space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.
1C107
Graphite and ceramic materials, other than those specified in 1C007, as follows:
a. |
Fine grain graphites with a bulk density of 1,72 g/cm3 or greater, measured at 288 K (15 °C), and having a grain size of 100 μm or less, usable for rocket nozzles and re-entry vehicle nose tips, which can be machined to any of the following products:
|
b. |
Pyrolytic or fibrous reinforced graphites, usable for rocket nozzles and reentry vehicle nose tips usable in “missiles”, space launch vehicles specified in 9A004 or sounding rockets specified in 9A104;
|
c. |
Ceramic composite materials (dielectric constant less than 6 at any frequency from 100 MHz to 100 GHz) for use in radomes usable in “missiles”, space launch vehicles specified in 9A004 or sounding rockets specified in 9A104; |
d. |
Bulk machinable silicon-carbide reinforced unfired ceramic, usable for nose tips usable in “missiles”, space launch vehicles specified in 9A004 or sounding rockets specified in 9A104; |
e. |
Reinforced silicon-carbide ceramic composites, usable for nose tips, reentry vehicles and nozzle flaps usable in “missiles”, space launch vehicles specified in 9A004 or sounding rockets specified in 9A104. |
1C111
Propellants and constituent chemicals for propellants, other than those specified in 1C011, as follows:
a. |
Propulsive substances:
|