ISSN 1977-0677

doi:10.3000/19770677.L_2014.040.eng

Official Journal

of the European Union

L 40

European flag  

English edition

Legislation

Volume 57
11 February 2014


Contents

 

II   Non-legislative acts

page

 

 

INTERNATIONAL AGREEMENTS

 

*

Council Decision 2014/71/CFSP of 18 November 2013 on the signing and conclusion of the Agreement between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in European Union crisis management operations

1

 

 

Agreement between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in European Union crisis management operations

2

 

 

REGULATIONS

 

*

Council Regulation (EU) No 124/2014 of 10 February 2014 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

8

 

*

Council Implementing Regulation (EU) No 125/2014 of 10 February 2014 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) No 714/2013

9

 

*

Commission Implementing Regulation (EU) No 126/2014 of 5 February 2014 entering a name in the register of protected designations of origin and protected geographical indications [Paprika Žitava/Žitavská paprika (PDO)]

12

 

*

Commission Implementing Regulation (EU) No 127/2014 of 5 February 2014 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Jamón de Teruel/Paleta de Teruel (PDO)]

14

 

*

Commission Implementing Regulation (EU) No 128/2014 of 5 February 2014 entering a name in the register of protected designations of origin and protected geographical indications [Gofio Canario (PGI)]

16

 

 

Commission Implementing Regulation (EU) No 129/2014 of 10 February 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

18

 

 

DIRECTIVES

 

*

Commission Directive 2014/18/EU of 29 January 2014 amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products ( 1 )

20

 

 

DECISIONS

 

*

Council Decision 2014/72/CFSP of 10 February 2014 updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2013/395/CFSP

56

 

*

Council Decision 2014/73/CFSP of 10 February 2014 on a European Union military operation in the Central African Republic (EUFOR RCA)

59

 

*

Council Decision 2014/74/CFSP of 10 February 2014 amending Decision 2013/255/CFSP concerning restrictive measures against Syria

63

 


 

(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.


II Non-legislative acts

INTERNATIONAL AGREEMENTS

11.2.2014   

EN

Official Journal of the European Union

L 40/1


COUNCIL DECISION 2014/71/CFSP

of 18 November 2013

on the signing and conclusion of the Agreement between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in European Union crisis management operations

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and (6) of the Treaty on the Functioning of the European Union,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

Conditions regarding the participation of third States in European Union crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than being defined on a case-by-case basis for each operation concerned.

(2)

Following the adoption of a Decision by the Council on 26 April 2010 authorising the opening of negotiations, the High Representative of the Union for Foreign Affairs and Security Policy negotiated an agreement between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in European Union crisis management operations (‘the Agreement’).

(3)

The Agreement should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in the European Union crisis management operations is hereby approved on behalf of the Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.

Article 3

The President of the Council shall, on behalf of the Union, give the notification provided for in Article 16(1) of the Agreement (1).

Article 4

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 18 November 2013.

For the Council

The President

C. ASHTON


(1)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


11.2.2014   

EN

Official Journal of the European Union

L 40/2


AGREEMENT

between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in European Union crisis management operations

THE EUROPEAN UNION (the ‘Union’) or (the ‘EU’)

of the one part, and

THE REPUBLIC OF CHILE

of the other part,

hereinafter referred to as the ‘Parties’,

WHEREAS:

RECOGNISING the importance of world peace for the development of all States, and the obligation of all nations to cooperate in achieving and preserving it;

RECALLING the objectives and intentions of the Parties as set out in the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, signed on 18 November 2002;

CONSIDERING that it is of particular concern to the Union to maintain peace within its area of influence, in particular through the organisation of, and support for, crisis management operations;

BEARING IN MIND the absolute freedom with which the Union acts in deciding to undertake crisis management operations, as well as in inviting non-EU States to participate in them and in ultimately agreeing to have one of them participate in and contribute to them;

RECOGNISING that the existence of a framework agreement on the possible participation of the Republic of Chile in one or more of the crisis management operations decided on and managed by the Union will facilitate its participation and contribution, notwithstanding the fact that the specific conditions must be agreed on each occasion;

BEARING IN MIND that the conclusion of this agreement will be without prejudice to the decision-making autonomy of the Union, and to the wish or capacity of the Republic of Chile to decide on a case-by-case basis whether it wishes to participate in an EU crisis management operation;

BEARING IN MIND that the conclusion of this framework agreement will have a future effect and will not affect the participation of the Republic of Chile in an EU crisis management operations that are already under way,

HAVE AGREED AS FOLLOWS:

SECTION I

GENERAL PROVISIONS

Article 1

Decisions relating to the participation

1.   Following the decision of the Union to invite the Republic of Chile to participate in an EU crisis management operation, and once the Republic of Chile has decided to participate therein, the Republic of Chile shall provide information on its proposed contribution to the Union.

2.   The assessment by the Union of the proposed contribution by the Republic of Chile shall be conducted in consultation with the latter.

3.   The Union shall provide, at the time of the invitation to the Republic of Chile, an early indication of the likely financial contribution to the common costs of the operation and the status of mission/forces agreement, if available, as soon as possible with a view to assisting the Republic of Chile in the formulation of its offer.

4.   The Union shall communicate the outcome of this assessment to the Republic of Chile in writing through diplomatic channels with a view to securing the participation of the Republic of Chile, in accordance with the provisions of this Agreement.

Article 2

Framework

1.   The Republic of Chile shall associate itself with the Council Decision by which the Council of the European Union decides that the Union will conduct a crisis management operation, and with any other Decision by which the Council of the European Union decides to extend the EU crisis management operation, in accordance with the provisions of this Agreement and any other required implementing provisions.

2.   The contribution of the Republic of Chile to an EU crisis management operation shall be without prejudice to the decision-making autonomy of the Union.

3.   Paragraph 1 does not affect the right of the Republic of Chile to withdraw from participation in an EU crisis management operation if it does not agree with a Decision referred to in that paragraph.

Article 3

Status of personnel and forces

1.   The status of personnel seconded to an EU civilian crisis management operation and/or of the forces contributed to an EU military crisis management operation by the Republic of Chile shall be governed by the agreement on the status of forces/mission, if available, concluded between the Union and the State(s) in which the operation is conducted.

2.   The status of personnel contributed to headquarters or command elements located outside the State(s) in which the EU crisis management operation takes place, shall be governed by arrangements between the headquarters and command elements concerned and the Republic of Chile.

3.   Without prejudice to the agreement on the status of forces/mission referred to in paragraph 1, the Republic of Chile shall exercise jurisdiction over its personnel participating in the EU crisis management operation. Where the forces of the Republic of Chile operate on board a vessel or aircraft of an EU Member State, the latter State shall exercise jurisdiction subject to any existing and/or future bilateral or multilateral agreements, in accordance with its laws and regulations.

4.   The Republic of Chile shall be responsible for answering any claims connected with the participation in an EU crisis management operation from or affecting any of its civilian or military personnel. The Republic of Chile shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel in accordance with its laws, regulations and procedures.

5.   The Parties agree to waive, to the extent permitted by their internal legislation, any claims, other than contractual claims, for damage to, loss, or destruction of assets owned or operated by either Party, or injury or death to the personnel of either Party, arising out of the performance of their official duties in connection with activities under this Agreement, except in the case of gross negligence or wilful misconduct.

6.   The Republic of Chile undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis management operation in which the Republic of Chile participates, and to do so when signing this Agreement.

7.   The Union undertakes to ensure that EU Member States make a declaration as regards the waiver of claims, for any future participation of the Republic of Chile in an EU crisis management operation, and to do so when signing this Agreement.

Article 4

Classified information

1.   The Republic of Chile shall take appropriate measures to ensure that EU classified information is protected in accordance with the security regulations of the Council of the European Union, contained in Council Decision 2011/292/EU (1) and future Council decisions on the security rules for protecting EU classified information and in accordance with further guidance issued by competent authorities, including by the EU Operation Commander concerning an EU military crisis management operation, or by the Head of Mission concerning an EU civilian crisis management operation.

2.   The Union shall take appropriate measures to ensure that Chilean classified information is protected in accordance with security regulations referred to in paragraph 1.

3.   Where the Parties conclude an agreement on security procedures for the exchange of classified information, such agreement shall apply in the context of an EU crisis management operation.

SECTION II

PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS MANAGEMENT OPERATIONS

Article 5

Personnel seconded to an EU civilian crisis management operation

1.   The Republic of Chile:

(a)

shall ensure that its personnel seconded to the EU civilian crisis management operation undertake their mission in accordance with:

(i)

the Council Decision and subsequent amendments as referred to in Article 2(1);

(ii)

the Operation Plan;

(iii)

implementing measures.

(b)

shall inform in due time the Head of Mission and the High Representative of the Union for Foreign Affairs and Security Policy (‘HR’) of any change to its contribution to the EU civilian crisis management operation.

2.   Personnel seconded to an EU civilian crisis management operation shall undergo a medical examination and vaccination, and be certified medically fit for duty by a competent authority from the Republic of Chile. Personnel seconded to an EU civilian crisis management operation shall produce a copy of that certification.

Article 6

Chain of command

1.   Personnel seconded by the Republic of Chile shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis management operation in mind.

2.   All personnel shall remain under the full command of their national authorities.

3.   National authorities shall transfer operational control to the Union.

4.   The Head of Mission shall assume responsibility and exercise command and control of the EU civilian crisis management operation at theatre level.

5.   The Head of Mission shall lead the EU civilian crisis management operation and assume its day-to-day management.

6.   The Republic of Chile shall have the same rights and obligations in terms of day-to-day management of the operation as EU Member States taking part in the operation, in accordance with the legal instruments referred to in Article 2(1).

7.   The Head of Mission shall be responsible for disciplinary control over EU civilian crisis management operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.

8.   A National Contingent point of Contact ‘NCP’ shall be appointed by the Republic of Chile to represent its national contingent in the operation. The ‘NCP’ shall report to the Head of Mission on national matters and shall be responsible for day-to-day discipline of the contingent.

9.   The decision to end the operation shall be taken by the Union, following consultation with the Republic of Chile if it is still contributing to the EU civilian crisis management operation at the date of termination of the operation.

Article 7

Financial aspects

1.   Without prejudice to Article 8, the Republic of Chile shall assume all the costs associated with its participation in the operation apart from the running costs, as set out in the operational budget of the operation.

2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, issues of possible liability and compensation by the Republic of Chile shall be governed by the conditions foreseen in the applicable status of mission agreement referred to in Article 3(1) or any alternative applicable provisions.

Article 8

Contribution to operational budget

1.   The Republic of Chile shall contribute to the financing of the budget of the EU civilian crisis management operation.

2.   The financial contribution of the Republic of Chile to the operational budget shall be calculated on the basis of either of the following formulae, whichever produces the lower amount:

(a)

the share of the reference amount which is in proportion to the ratio of the Republic of Chile’s gross national income (GNI) to the total GNIs of all States contributing to the operational budget of the operation or;

(b)

the share of the reference amount for the operational budget which is in proportion to the ratio of the number of personnel from the Republic of Chile participating in the operation to the total number of personnel of all States participating in the operation.

3.   Notwithstanding paragraphs 1 and 2, the Republic of Chile shall not make any contribution towards the financing of per diem allowances paid to personnel of the EU Member States.

4.   Notwithstanding paragraph 1, the Union shall, in principle, exempt the Republic of Chile from financial contributions to a particular EU civilian crisis management operation when:

(a)

the Union decides that the Republic of Chile provides a significant contribution which is essential for this operation;

or

(b)

the Republic of Chile has a GNI per capita which does not exceed that of any EU Member State.

5.   An arrangement on the payment of the contributions of the Republic of Chile to the operational budget of the EU civilian crisis management operation shall be signed between the Head of Mission and the relevant administrative services of the Republic of Chile. That arrangement shall, inter alia, include the following provisions:

(a)

the amount of the financial contribution concerned;

(b)

the arrangements for payment of the financial contribution;

(c)

the auditing procedure.

SECTION III

PROVISIONS ON PARTICIPATION IN MILITARY CRISIS MANAGEMENT OPERATIONS

Article 9

Participation in the EU military crisis management operation

1.   The Republic of Chile shall ensure that its forces and personnel participating in an EU military crisis management operation undertake their mission in accordance with:

(a)

the Council Decision and subsequent amendments as referred to in Article 2(1)

(b)

the Operation Plan;

(c)

implementing measures.

2.   Personnel seconded by the Republic of Chile shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.

3.   The Republic of Chile shall inform the EU Operation Commander in due time of any change to its participation in the operation.

Article 10

Chain of command

1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.

2.   National authorities shall transfer the Operational and/or Tactical control of their forces and personnel to the EU Operation Commander, who is entitled to delegate his authority.

3.   The Republic of Chile shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.

4.   The EU Operation Commander may, following consultations with the Republic of Chile, at any time request the withdrawal of the Republic of Chile’s contribution.

5.   A Senior Military Representative (‘SMR’) shall be appointed by the Republic of Chile to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for the day-to-day discipline of the Chilean contingent.

Article 11

Financial aspects

1.   Without prejudice to Article 12 of this Agreement, the Republic of Chile shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 2(1) of this Agreement, as well as in Council Decision 2011/871/CFSP (2).

2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, issues of possible liability and compensation by the Republic of Chile shall be governed by the conditions foreseen in the applicable status of forces agreement referred to in Article 3(1) or any applicable alternative provisions.

Article 12

Contribution to the common costs

1.   The Republic of Chile shall contribute to the financing of the common costs of the EU military crisis management operation.

2.   The financial contribution of the Republic of Chile to the common costs shall be calculated on the basis of either of the following two formulae, whichever produces the lower amount:

(a)

the share of the common costs which is in proportion to the ratio of the Republic of Chile’s GNI to the total GNIs of all States contributing to the common costs of the operation; or

(b)

the share of the common costs which is in proportion to the ratio of the number of personnel from the Republic of Chile participating in the operation to the total number of personnel of all States participating in the operation.

When the formula under point (b) is used and the Republic of Chile contributes personnel only to the Operation or Force Headquarters, the ratio used shall be that of its personnel to that of the total number of the respective headquarters personnel. In other cases, the ratio shall be that of all personnel contributed by the Republic of Chile to that of the total personnel of the operation.

3.   Notwithstanding paragraph 1, the Union shall, in principle, exempt third States from financial contributions to the common costs of a particular EU military crisis management operation when:

(a)

the Union decides that the third State participating in the operation provides a significant contribution to assets and/or capabilities which are essential for the operation;

or

(b)

the third State participating in the operation has a GNI per capita which does not exceed that of any EU Member State.

4.   An arrangement shall be concluded between the administrator provided for in Decision 2011/871/CFSP and the competent administrative authorities of the Republic of Chile. That arrangement shall include, inter alia, provisions on:

(a)

the amount of the financial contribution concerned;

(b)

the arrangements for payment of the financial contribution;

(c)

the auditing procedure.

SECTION IV

FINAL PROVISIONS

Article 13

Arrangements to implement the Agreement

Without prejudice to Articles 8(5) and 12(4), any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Union, and the competent authorities the Republic of Chile.

Article 14

Non-compliance

Should one of the Parties fail to comply with its obligations under this Agreement, the other Party shall have the right to terminate this Agreement by serving notice of six months.

Article 15

Dispute settlement

Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.

Article 16

Entry into force

1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other through diplomatic channels of the completion of the internal procedures necessary for that purpose.

2.   The Parties may hold meetings from time to time to assess the implementation of this Agreement.

3.   This Agreement may be amended on the basis of a mutual written agreement between the Parties. These amendments shall enter into force under the same conditions as those provided for in paragraph 1.

4.   This Agreement may be denounced by either Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party through diplomatic channels.

This Agreement is executed in the English and Spanish languages, both texts being equally authentic.

Done at Brussels on the thirtieth day of January in the year two thousand and fourteen.

For the European Union

Image

For the Republic of Chile

Image


(1)  Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (OJ L 141, 27.5.2011, p. 17).

(2)  Council Decision 2011/871/CFSP of 19 December 2011 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (OJ L 343, 23.12.2011, p. 35).


Declaration by the EU Member States

‘The EU Member States applying an EU Council Decision concerning an EU crisis management operation in which the Republic of Chile participates will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against the Republic of Chile for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

was caused by personnel from the Republic of Chile in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct; or

arose from the use of any assets owned by the Republic of Chile, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from the Republic of Chile using those assets.’.


Declaration by the Republic of Chile

‘The Republic of Chile applying an EU Council Decision concerning an EU crisis management operation will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

was caused by personnel in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct; or

arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets.’.


REGULATIONS

11.2.2014   

EN

Official Journal of the European Union

L 40/8


COUNCIL REGULATION (EU) No 124/2014

of 10 February 2014

amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1),

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,

Whereas:

(1)

Council Regulation (EU) No 36/2012 (2) gives effect to most of the measures provided for in Decision 2013/255/CFSP.

(2)

On 10 February 2014, the Council adopted Decision 2014/74/CFSP (3) amending Decision 2013/255/CFSP.

(3)

A further derogation from the asset freeze should be provided for in Regulation (EU) No 36/2012 to enable the release of funds or economic resources of Syrian State-owned entities or the Central Bank of Syria for the purpose of making payments on behalf of the Syrian Arab Republic to the Organisation for the Prohibition of Chemical Weapons (OPCW) for activities related to the OPCW verification mission and the destruction of Syrian chemical weapons.

(4)

That measure falls within the scope of the Treaty and regulatory action at Union level is therefore necessary in order to implement it, in particular, with a view to ensuring its uniform application by economic operators in all Member States.

(5)

Regulation (EU) No 36/2012 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

In the first paragraph of Article 16 of Regulation (EU) No 36/2012, the following point is added:

‘(i)

intended exclusively for payments by Syrian State-owned entities or the Central Bank of Syria, as listed in Annexes II and IIa, on behalf of the Syrian Arab Republic to the OPCW for activities related to the OPCW verification mission and the destruction of Syrian chemical weapons, including in particular payments to the OPCW Special Trust Fund for activities related to the complete destruction of Syrian chemical weapons outside the territory of the Syrian Arab Republic.’.

Article 2

This Regulation shall enter into force on the date 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 Brussels, 10 February 2014.

For the Council

The President

C. ASHTON


(1)  OJ L 147, 1.6.2013, p. 14.

(2)  Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (OJ L 16, 19.1.2012, p. 1).

(3)  See page 63 of this Official Journal.


11.2.2014   

EN

Official Journal of the European Union

L 40/9


COUNCIL IMPLEMENTING REGULATION (EU) No 125/2014

of 10 February 2014

implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) No 714/2013

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,

Whereas:

(1)

On 25 July 2013, the Council adopted Implementing Regulation (EU) No 714/2013 (2) implementing Article 2(3) of Regulation (EC) No 2580/2001, updating the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies (‘the list’).

(2)

The Council has provided, where practically possible, all the persons, groups and entities with statements of reasons explaining why they were entered in the list.

(3)

By way of a notice published in the Official Journal of the European Union, the Council informed the persons, groups and entities in the list that it had decided to keep them therein. The Council also informed the persons, groups and entities concerned that it was possible to request a statement of the Council’s reasons for including them in the list where one had not already been communicated to them.

(4)

The Council has reviewed the list, as required by Article 2(3) of Regulation (EC) No 2580/2001. When doing so, it took account of observations submitted to the Council by those concerned.

(5)

The Council has concluded that there are no longer grounds for keeping a certain group in the list.

(6)

The Council has also concluded that other persons, groups and entities in the list have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP (3), that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001.

(7)

The list should be updated accordingly, and Implementing Regulation (EU) No 714/2013 should be repealed,

HAS ADOPTED THIS REGULATION:

Article 1

The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 is set out in the Annex to this Regulation.

Article 2

Implementing Regulation (EU) No 714/2013 is hereby repealed.

Article 3

This Regulation shall enter into force on the date 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 Brussels, 10 February 2014.

For the Council

The President

C. ASHTON


(1)  OJ L 344, 28.12.2001, p. 70.

(2)  Council Implementing Regulation (EU) No 714/2013 of 25 July 2013 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulation (EU) No 1169/2012 (OJ L 201, 26.7.2013, p. 10).

(3)  Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).


ANNEX

List of persons, groups and entities referred to in Article 1

1.   PERSONS

1.

ABDOLLAHI Hamed (a.k.a. Mustafa Abdullahi), born 11 August 1960 in Iran. Passport No: D9004878.

2.

AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia.

3.

AL YACOUB, Ibrahim Salih Mohammed, born 16 October 1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia.

4.

ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born 6 or 15 March 1955 in Iran. Iranian and US national. Passport No: C2002515 (Iran); passport No: 477845448 (USA). National ID No: 07442833, expiry date: 15 March 2016 (USA driving licence).

5.

BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8 March 1978 in Amsterdam (the Netherlands) — member of the ‘Hofstadgroep’.

6.

FAHAS, Sofiane Yacine, born 10 September 1971 in Algiers (Algeria) — member of ‘al-Takfir’ and ‘al-Hijra’.

7.

IZZ-AL-DIN, Hasan (a.k.a. GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon.

8.

MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14 April 1965 or 1 March 1964 in Pakistan. Passport No: 488555.

9.

SHAHLAI Abdul Reza (a.k.a. Abdol Reza Shala'i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla'i, a.k.a. Abdul-Reza Shahlaee, a.k.a. Hajj Yusef, a.k.a. Haji Yusif, a.k.a. Hajji Yasir, a.k.a. Hajji Yusif, a.k.a. Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran; (2) Mehran Military Base, Ilam Province, Iran.

10.

SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran.

11.

SOLEIMANI Qasem (a.k.a. Ghasem Soleymani, a.k.a. Qasmi Sulayman, a.k.a. Qasem Soleymani, a.k.a. Qasem Solaimani, a.k.a. Qasem Salimani, a.k.a. Qasem Solemani, a.k.a. Qasem Sulaimani, a.k.a. Qasem Sulemani), born 11 March 1957 in Iran. Iranian national. Passport No: 008827 (Iran Diplomatic), issued 1999. Title: Major General.

2.   GROUPS AND ENTITIES

1.

‘Abu Nidal Organisation’ — ‘ANO’ (a.k.a. ‘Fatah Revolutionary Council’, a.k.a. ‘Arab Revolutionary Brigades’, a.k.a. ‘Black September’, a.k.a. ‘Revolutionary Organisation of Socialist Muslims’).

2.

‘Al-Aqsa Martyrs' Brigade’.

3.

‘Al-Aqsa e.V.’.

4.

‘Al-Takfir’ and ‘Al-Hijra’.

5.

‘Babbar Khalsa’.

6.

‘Communist Party of the Philippines’, including ‘New People's Army’ — ‘NPA’, Philippines.

7.

‘Gama'a al-Islamiyya’ (a.k.a. ‘Al-Gama’a al-Islamiyya’) (‘Islamic Group’ — ‘IG’).

8.

‘İslami Büyük Doğu Akıncılar Cephesi’ — ‘IBDA-C’ (‘Great Islamic Eastern Warriors Front’).

9.

‘Hamas’, including ‘Hamas-Izz al-Din al-Qassem’.

10.

‘Hizballah Military Wing’ (a.k.a. ‘Hezbollah Military Wing’, a.k.a. ‘Hizbullah Military Wing’, a.k.a. ‘Hizbollah Military Wing’, a.k.a. ‘Hezballah Military Wing’, a.k.a. ‘Hisbollah Military Wing’, a.k.a. ‘Hizbu’llah Military Wing’, a.k.a. ‘Hizb Allah Military Wing’, a.k.a. ‘Jihad Council’ (and all units reporting to it, including the External Security Organisation)).

11.

‘Hizbul Mujahideen’ — ‘HM’.

12.

‘Hofstadgroep’.

13.

‘Holy Land Foundation for Relief and Development’.

14.

‘International Sikh Youth Federation’ — ‘ISYF’.

15.

‘Khalistan Zindabad Force’ — ‘KZF’.

16.

‘Kurdistan Workers' Party’ — ‘PKK’ (a.k.a. ‘KADEK’, a.k.a. ‘KONGRA-GEL’).

17.

‘Liberation Tigers of Tamil Eelam’ — ‘LTTE’.

18.

‘Ejército de Liberación Nacional’ (‘National Liberation Army’).

19.

‘Palestinian Islamic Jihad’ — ‘PIJ’.

20.

‘Popular Front for the Liberation of Palestine’ — ‘PFLP’.

21.

‘Popular Front for the Liberation of Palestine — General Command’ (a.k.a. ‘PFLP — General Command’).

22.

‘Fuerzas armadas revolucionarias de Colombia’ — ‘FARC’ (‘Revolutionary Armed Forces of Colombia’).

23.

‘Devrimci Halk Kurtuluș Partisi-Cephesi’ — ‘DHKP/C’ (a.k.a. ‘Devrimci Sol’ (‘Revolutionary Left’), a.k.a. ‘Dev Sol’) (‘Revolutionary People's Liberation Army/Front/Party’).

24.

‘Sendero Luminoso’ — ‘SL’ (‘Shining Path’).

25.

‘Teyrbazen Azadiya Kurdistan’ — ‘TAK’ (a.k.a. ‘Kurdistan Freedom Falcons’, a.k.a. ‘Kurdistan Freedom Hawks’).


11.2.2014   

EN

Official Journal of the European Union

L 40/12


COMMISSION IMPLEMENTING REGULATION (EU) No 126/2014

of 5 February 2014

entering a name in the register of protected designations of origin and protected geographical indications [Paprika Žitava/Žitavská paprika (PDO)]

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Slovakia’s application to register the name ‘Paprika Žitava’/‘Žitavská paprika’ was published in the Official Journal of the European Union  (2).

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Paprika Žitava’/‘Žitavská paprika’ should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

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 Brussels, 5 February 2014.

For the Commission, On behalf of the President,

Dacian CIOLOȘ

Member of the Commission


(1)  OJ L 343, 14.12.2012, p. 1.

(2)  OJ C 247, 28.8.2013, p. 7.


ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.8.   Other products of Annex I to the Treaty (spices, etc.)

SLOVAKIA

Paprika Žitava/Žitavská paprika (PDO)


11.2.2014   

EN

Official Journal of the European Union

L 40/14


COMMISSION IMPLEMENTING REGULATION (EU) No 127/2014

of 5 February 2014

approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Jamón de Teruel/Paleta de Teruel (PDO)]

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

(1)

Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Spain’s application for the approval of amendments to the specification for the protected designation of origin ‘Jamón de Teruel’/‘Paleta de Teruel’, registered under Commission Regulation (EC) No 1107/96 (2).

(2)

Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union  (3) as required by Article 50(2)(a) of that Regulation.

(3)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

HAS ADOPTED THIS REGULATION:

Article 1

The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.

Article 2

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 Brussels, 5 February 2014.

For the Commission, On behalf of the President,

Dacian CIOLOȘ

Member of the Commission


(1)  OJ L 343, 14.12.2012, p. 1.

(2)  OJ L 148, 21.6.1996, p. 1.

(3)  OJ C 242, 23.8.2013, p. 17.


ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.2.   Meat products (cooked, salted, smoked, etc.)

SPAIN

Jamón de Teruel/Paleta de Teruel (PDO)


11.2.2014   

EN

Official Journal of the European Union

L 40/16


COMMISSION IMPLEMENTING REGULATION (EU) No 128/2014

of 5 February 2014

entering a name in the register of protected designations of origin and protected geographical indications [Gofio Canario (PGI)]

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Spain’s application to register the name ‘Gofio Canario’ was published in the Official Journal of the European Union  (2).

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Gofio Canario’ should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

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 Brussels, 5 February 2014.

For the Commission, On behalf of the President,

Dacian CIOLOȘ

Member of the Commission


(1)  OJ L 343, 14.12.2012, p. 1.

(2)  OJ C 251, 31.8.2013, p. 13.


ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

SPAIN

Gofio Canario (PGI)


11.2.2014   

EN

Official Journal of the European Union

L 40/18


COMMISSION IMPLEMENTING REGULATION (EU) No 129/2014

of 10 February 2014

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day 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 Brussels, 10 February 2014.

For the Commission, On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development


(1)  OJ L 299, 16.11.2007, p. 1.

(2)  OJ L 157, 15.6.2011, p. 1.


ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

107,2

MA

53,3

TN

78,4

TR

82,5

ZZ

80,4

0707 00 05

MA

163,4

TR

149,1

ZZ

156,3

0709 91 00

EG

91,5

ZZ

91,5

0709 93 10

MA

40,3

TR

113,5

ZZ

76,9

0805 10 20

EG

48,0

IL

67,9

MA

58,1

TN

52,2

TR

68,8

ZZ

59,0

0805 20 10

IL

120,0

MA

75,7

ZZ

97,9

0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90

CN

60,3

IL

130,5

JM

113,2

KR

142,9

MA

146,8

PK

55,3

TR

89,9

ZZ

105,6

0805 50 10

AL

43,6

TR

73,5

ZZ

58,6

0808 10 80

CN

89,0

MK

28,7

US

171,5

ZZ

96,4

0808 30 90

CL

189,6

CN

46,0

TR

131,9

US

195,3

ZA

99,7

ZZ

132,5


(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.


DIRECTIVES

11.2.2014   

EN

Official Journal of the European Union

L 40/20


COMMISSION DIRECTIVE 2014/18/EU

of 29 January 2014

amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (1), and in particular Article 13 thereof,

Whereas:

(1)

Directive 2009/43/EC covers all defence-related products which correspond to those listed in the Common Military List of the European Union, adopted by the Council on 19 March 2007.

(2)

On 11 March 2013 the Council adopted an updated Common Military List of the European Union (2).

(3)

Directive 2009/43/EC should therefore be amended accordingly.

(4)

The measures provided for in this Directive are in accordance with the opinion of the Committee on EU Transfers of Defence-related Products,

HAS ADOPTED THIS DIRECTIVE:

Article 1

The Annex to Directive 2009/43/EC is replaced by the text set out in the Annex to this Directive.

Article 2

1.   Member States shall adopt and publish, by 12 May 2014 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions from 17 May 2014.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 29 January 2014.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 146, 10.6.2009, p. 1.

(2)  OJ C 90, 27.3.2013, p. 1.


ANNEX

‘ANNEX

LIST OF DEFENCE-RELATED PRODUCTS

Note 1:

Terms in “quotations” are defined terms. Refer to ‘Definitions of Terms used in this List’ annexed to this List.

Note 2:

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.

ML1
Smooth-bore weapons with a calibre of less than 20 mm, other arms and automatic weapons with a calibre of 12,7 mm (calibre 0,50 inches) or less and accessories, as follows, and specially designed components therefor:

Note

ML1. does not apply to:

a.

Firearms specially designed for dummy ammunition and which are incapable of discharging a projectile;

b.

Firearms specially designed to launch tethered projectiles having no high explosive charge or communications link, to a range of less than or equal to 500 m.;

c.

Weapons using non-centre fire cased ammunition and which are not of the fully automatic firing type.

a.

Rifles and combination guns, handguns, machine, sub-machine and volley guns;

Note

ML1.a. does not apply to the following:

a.

Rifles and combination guns, manufactured earlier than 1938;

b.

Reproductions of rifles and combination guns, the originals of which were manufactured earlier than 1890;

c.

Handguns, volley guns and machine guns manufactured earlier than 1890, and their reproductions.

b.

Smooth-bore weapons as follows:

1.

Smooth-bore weapons specially designed for military use;

2.

Other smooth-bore weapons as follows:

a.

Fully automatic type weapons;

b.

Semi-automatic or pump-action type weapons;

Note

ML1.b. does not apply to the following:

a.

Smooth-bore weapons manufactured earlier than 1938;

b.

Reproductions of smooth-bore weapons, the originals of which were manufactured earlier than 1890;

c.

Smooth-bore weapons used for hunting or sporting purposes. These weapons must not be specially designed for military use or of the fully automatic firing type;

d.

Smooth-bore weapons specially designed for any of the following:

1.

Slaughtering of domestic animals;

2.

Tranquilizing of animals;

3.

Seismic testing;

4.

Firing of industrial projectiles; or

5.

Disrupting Improvised Explosive Devices (IEDs).

NB:

For disruptors, see ML4. and entry 1A006 on the EU Dual-Use List.

c.

Weapons using caseless ammunition;

d.

Detachable cartridge magazines, sound suppressors or moderators, special gun-mountings, optical weapons sights and flash suppressors, for arms specified by ML1.a., ML1.b. or ML1.c.

Note

ML1.d. does not apply to optical weapon sights without electronic image processing, with a magnification of 9 times or less, provided they are not specially designed or modified for military use, or incorporate any reticles specially designed for military use.

ML2
Smooth-bore weapons with a calibre of 20 mm or more, other weapons or armament with a calibre greater than 12,7 mm (calibre 0,50 inches), projectors and accessories, as follows, and specially designed components therefor:

a.

Guns, howitzers, cannon, mortars, anti-tank weapons, projectile launchers, military flame throwers, rifles, recoilless rifles, smooth-bore weapons and signature reduction devices therefor;

Note 1

ML2.a. includes injectors, metering devices, storage tanks and other specially designed components for use with liquid propelling charges for any of the equipment specified by ML2.a.

Note 2

ML2.a. does not apply to weapons as follows:

a.

Rifles, smooth-bore weapons and combination guns, manufactured earlier than 1938;

b.

Reproductions of rifles, smooth-bore weapons and combination guns, the originals of which were manufactured earlier than 1890;

c.

Guns, howitzers, cannons and mortars, manufactured earlier than 1890;

d.

Smooth-bore weapons used for hunting or sporting purposes. These weapons must not be specially designed for military use or of the fully automatic firing type;

e.

Smooth-bore weapons specially designed for any of the following:

1.

Slaughtering of domestic animals;

2.

Tranquilizing of animals;

3.

Seismic testing;

4.

Firing of industrial projectiles; or

5.

Disrupting Improvised Explosive Devices (IEDs);

NB:

For disruptors, see ML4. and entry 1A006 on the EU Dual-Use List.

f.

Hand-held projectile launchers specially designed to launch tethered projectiles having no high explosive charge or communications link, to a range of less than or equal to 500 m.

b.

Smoke, gas and pyrotechnic projectors or generators, specially designed or modified for military use;

Note

ML2.b. does not apply to signal pistols.

c.

Weapons sights and weapon sight mounts, having all of the following:

1.

Specially designed for military use; and

2.

Specially designed for weapons specified in ML2.a.;

d.

Mountings and detachable cartridge magazines, specially designed for the weapons specified in ML2.a.

ML3
Ammunition and fuze setting devices, as follows, and specially designed components therefor:

a.

Ammunition for weapons specified by ML1, ML2 or ML12;

b.

Fuze setting devices specially designed for ammunition specified by ML3.a.

Note 1

Specially designed components specified by ML3 include:

a.

Metal or plastic fabrications such as primer anvils, bullet cups, cartridge links, rotating bands and munitions metal parts;

b.

Safing and arming devices, fuzes, sensors and initiation devices;

c.

Power supplies with high one-time operational output;

d.

Combustible cases for charges;

e.

Submunitions including bomblets, minelets and terminally guided projectiles.

Note 2

ML3.a. does not apply to ammunition crimped without a projectile (blank star) and dummy ammunition with a pierced powder chamber.

Note 3

ML3.a. does not apply to cartridges specially designed for any of the following purposes:

a.

Signalling;

b.

Bird scaring; or

c.

Lighting of gas flares at oil wells.

ML4
Bombs, torpedoes, rockets, missiles, other explosive devices and charges and related equipment and accessories, as follows, and specially designed components therefor:

N.B.1:

For guidance and navigation equipment, see ML11.

N.B.2:

For Aircraft Missile Protection Systems (AMPS), see ML4.c.

a.

Bombs, torpedoes, grenades, smoke canisters, rockets, mines, missiles, depth charges, demolition-charges, demolition-devices, demolition-kits, “pyrotechnic” devices, cartridges and simulators (i.e. equipment simulating the characteristics of any of these items), specially designed for military use;

Note

ML4.a. includes:

a.

Smoke grenades, fire bombs, incendiary bombs and explosive devices;

b.

Missile rocket nozzles and re-entry vehicle nosetips.

b.

Equipment having all of the following:

1.

Specially designed for military use; and

2.

Specially designed for ‘activities’ relating to any of the following:

a.

Items specified by ML4.a.; or

b.

Improvised Explosive Devices (IEDs).

Technical Note:

For the purpose of ML4.b.2. ‘activities’ applies to handling, launching, laying, controlling, discharging, detonating, activating, powering with one-time operational output, decoying, jamming, sweeping, detecting, disrupting or disposing.

Note 1

ML4.b. includes:

a.

Mobile gas liquefying equipment capable of producing 1 000 kg or more per day of gas in liquid form;

b.

Buoyant electric conducting cable suitable for sweeping magnetic mines.

c.

Aircraft Missile Protection Systems (AMPS).

Note

ML4.c. does not apply to AMPS having all of the following:

a.

Any of the following missile warning sensors:

1.

Passive sensors having peak response between 100-400 nm; or

2.

Active pulsed Doppler missile warning sensors;

b.

Countermeasures dispensing systems;

c.

Flares, which exhibit both a visible signature and an infrared signature, for decoying surface-to-air missiles; and

d.

Installed on “civil aircraft” and having all of the following:

1.

The AMPS is only operable in a specific “civil aircraft” in which the specific AMPS is installed and for which any of the following has been issued:

a.

A civil Type Certificate; or

b.

An equivalent document recognised by the International Civil Aviation Organisation (ICAO);

2.

The AMPS employs protection to prevent unauthorised access to “software”; and

3.

The AMPS incorporates an active mechanism that forces the system not to function when it is removed from the “civil aircraft” in which it was installed.

ML5
Fire control, and related alerting and warning equipment, and related systems, test and alignment and countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor:

a.

Weapon sights, bombing computers, gun laying equipment and weapon control systems;

b.

Target acquisition, designation, range-finding, surveillance or tracking systems; detection, data fusion, recognition or identification equipment; and sensor integration equipment;

c.

Countermeasure equipment for items specified by ML5.a. or ML5.b.;

Note

For the purposes of ML5.c., countermeasure equipment includes detection equipment.

d.

Field test or alignment equipment, specially designed for items specified by ML5.a., ML5.b. or ML5.c.

ML6
Ground vehicles and components, as follows:

NB:

For guidance and navigation equipment, see ML11.

a.

Ground vehicles and components therefor, specially designed or modified for military use;

For the purposes of ML6.a. the term ground vehicles includes trailers.

b.

Other ground vehicles and components, as follows:

1.

Vehicles having all of the following:

a.

Manufactured or fitted with materials or components to provide ballistic protection to level III (NIJ 0108.01, September 1985, or comparable national standard) or better;

b.

A transmission to provide drive to both front and rear wheels simultaneously, including those vehicles having additional wheels for load bearing purposes whether driven or not;

c.

Gross Vehicle Weight Rating (GVWR) greater than 4 500 kg; and

d.

Designed or modified for off-road use;

2.

Components having all of the following:

a.

Specially designed for vehicles specified in ML6.b.1.; and

b.

Providing ballistic protection to level III (NIJ 0108.01, September 1985, or comparable national standard) or better.

NB:

See also ML13.a

Note 1

ML6.a. includes:

a.

Tanks and other military armed vehicles and military vehicles fitted with mountings for arms or equipment for mine laying or the launching of munitions specified by ML4;

b.

Armoured vehicles;

c.

Amphibious and deep water fording vehicles;

d.

Recovery vehicles and vehicles for towing or transporting ammunition or weapon systems and associated load handling equipment.

Note 2

Modification of a ground vehicle for military use specified by ML6.a. entails a structural, electrical or mechanical change involving one or more components that are specially designed for military use. Such components include:

a.

Pneumatic tyre casings of a kind specially designed to be bullet-proof;

b.

Armoured protection of vital parts, (e.g. fuel tanks or vehicle cabs);

c.

Special reinforcements or mountings for weapons;

d.

Black-out lighting.

Note 3

ML6 does not apply to civil vehicles designed or modified for transporting money or valuables.

Note 4

ML6. does not apply to vehicles that meet all of the following;

a.

Were manufactured before 1946;

b.

Do not have items specified by the EU Common Military List and manufactured after 1945, except for reproductions of original components or accessories for the vehicle; and

c.

Do not incorporate weapons specified in ML1., ML2. or ML4. unless they are inoperable and incapable of discharging a projectile.

ML7
Chemical or biological toxic agents, “riot control agents”, radioactive materials, related equipment, components and materials, as follows:

a.

Biological agents or radioactive materials, “adapted for use in war” to produce casualties in humans or animals, degrade equipment or damage crops or the environment;

b.

Chemical warfare (CW) agents, including:

1.

CW nerve agents:

a.

O-Alkyl (equal to or less than C10, including cycloalkyl) alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) -phosphonofluoridates, such as:

 

Sarin (GB):O-Isopropyl methylphosphonofluoridate (CAS 107-44-8); and

 

Soman (GD):O-Pinacolyl methylphosphonofluoridate (CAS 96-64-0);

b.

O-Alkyl (equal to or less than C10, including cycloalkyl) N,N-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphoramidocyanidates, such as:

Tabun (GA):O-Ethyl N,N-dimethylphosphoramidocyanidate (CAS 77-81-6);

c.

O-Alkyl (H or equal to or less than C10, including cycloalkyl) S-2-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl)-aminoethyl alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphonothiolates and corresponding alkylated and protonated salts, such as:

VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate (CAS 50782-69-9);

2.

CW vesicant agents:

a.

Sulphur mustards, such as:

1.

2-Chloroethylchloromethylsulphide (CAS 2625-76-5);

2.

Bis(2-chloroethyl) sulphide (CAS 505-60-2);

3.

Bis(2-chloroethylthio) methane (CAS 63869-13-6);

4.

1,2-bis (2-chloroethylthio) ethane (CAS 3563-36-8);

5.

1,3-bis (2-chloroethylthio) -n-propane (CAS 63905-10-2);

6.

1,4-bis (2-chloroethylthio) -n-butane (CAS 142868-93-7);

7.

1,5-bis (2-chloroethylthio) -n-pentane (CAS 142868-94-8);

8.

Bis (2-chloroethylthiomethyl) ether (CAS 63918-90-1);

9.

Bis (2-chloroethylthioethyl) ether (CAS 63918-89-8);

b.

Lewisites, such as:

1.

2-chlorovinyldichloroarsine (CAS 541-25-3);

2.

Tris (2-chlorovinyl) arsine (CAS 40334-70-1);

3.

Bis (2-chlorovinyl) chloroarsine (CAS 40334-69-8);

c.

Nitrogen mustards, such as:

1.

HN1: bis (2-chloroethyl) ethylamine (CAS 538-07-8);

2.

HN2: bis (2-chloroethyl) methylamine (CAS 51-75-2);

3.

HN3: tris (2-chloroethyl) amine (CAS 555-77-1);

3.

CW incapacitating agents, such as:

a.

3-Quinuclidinyl benzilate (BZ) (CAS 6581-06-2);

4.

CW defoliants, such as:

a.

Butyl 2-chloro-4-fluorophenoxyacetate (LNF);

b.

2,4,5-trichlorophenoxyacetic acid (CAS 93-76-5) mixed with 2,4-dichlorophenoxyacetic acid (CAS 94-75-7) (Agent Orange (CAS 39277-47-9));

c.

CW binary precursors and key precursors, as follows:

1.

Alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) Phosphonyl Difluorides, such as:

DF: Methyl Phosphonyldifluoride (CAS 676-99-3);

2.

O-Alkyl (H or equal to or less than C10, including cycloalkyl) O-2-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl) aminoethyl alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphonites and corresponding alkylated and protonated salts, such as:

QL: O-Ethyl-2-di-isopropylaminoethyl methylphosphonite (CAS 57856-11-8);

3.

Chlorosarin: O-Isopropyl methylphosphonochloridate (CAS 1445-76-7);

4.

Chlorosoman: O-Pinacolyl methylphosphonochloridate (CAS 7040-57-5);

d.

“Riot control agents”, active constituent chemicals and combinations thereof, including:

1.

α-Bromobenzeneacetonitrile, (Bromobenzyl cyanide) (CA) (CAS 5798-79-8);

2.

[(2-chlorophenyl) methylene] propanedinitrile, (o-Chlorobenzylidenemalononitrile (CS) (CAS 2698-41-1);

3.

2-Chloro-1-phenylethanone, Phenylacyl chloride (ω-chloroacetophenone) (CN) (CAS 532-27-4);

4.

Dibenz-(b,f)-1,4-oxazephine, (CR) (CAS 257-07-8);

5.

10-Chloro-5,10-dihydrophenarsazine, (Phenarsazine chloride), (Adamsite), (DM) (CAS 578-94-9);

6.

N-Nonanoylmorpholine, (MPA) (CAS 5299-64-9);

Note 1

ML7.d. does not apply to “riot control agents” individually packaged for personal self-defence purposes.

Note 2

ML7.d. does not apply to active constituent chemicals, and combinations thereof, identified and packaged for food production or medical purposes.

e.

Equipment specially designed or modified for military use, designed or modified for the dissemination of any of the following, and specially designed components therefor:

1.

Materials or agents specified by ML7.a., ML7.b. or ML7.d.; or

2.

CW agents made up of precursors specified by ML7.c.

f.

Protective and decontamination equipment, specially designed or modified for military use, components and chemical mixtures, as follows:

1.

Equipment designed or modified for defence against materials specified by ML7.a., ML7.b. or ML7.d., and specially designed components therefor;

2.

Equipment designed or modified for decontamination of objects contaminated with materials specified by ML7.a. or ML7.b. and specially designed components therefor;

3.

Chemical mixtures specially developed or formulated for the decontamination of objects contaminated with materials specified by ML7.a. or ML7.b.;

Note

ML7.f.1. includes:

a.

Air conditioning units specially designed or modified for nuclear, biological or chemical filtration;

b.

Protective clothing.

NB:

For civil gas masks, protective and decontamination equipment, see also entry 1A004 on the EU Dual-Use List.

g.

Equipment specially designed or modified for military use designed or modified for the detection or identification of materials specified by ML7.a., ML7.b. or ML7.d., and specially designed components therefor;

Note

ML7.g. does not apply to personal radiation monitoring dosimeters.

NB:

See also entry 1A004 on the EU Dual-Use List.

h.

“Biopolymers” specially designed or processed for the detection or identification of CW agents specified by ML7.b., and the cultures of specific cells used to produce them;

i.

“Biocatalysts” for the decontamination or degradation of CW agents, and biological systems therefor, as follows:

1.

“Biocatalysts” specially designed for the decontamination or degradation of CW agents specified by ML7.b. resulting from directed laboratory selection or genetic manipulation of biological systems;

2.

Biological systems containing the genetic information specific to the production of “biocatalysts” specified by ML7.i.1., as follows:

a.

“Expression vectors”;

b.

Viruses;

c.

Cultures of cells.

Note 1

ML7.b. and ML7.d. do not apply to the following:

a.

Cyanogen chloride (CAS 506-77-4). See entry 1C450.a.5. on the EU Dual-Use List;

b.

Hydrocyanic acid (CAS 74-90-8);

c.

Chlorine (CAS 7782-50-5);

d.

Carbonyl chloride (phosgene) (CAS 75-44-5). See entry 1C450.a.4. on the EU Dual-Use List;

e.

Diphosgene (trichloromethyl-chloroformate) (CAS 503-38-8);

f.

Not used since 2004;

g.

Xylyl bromide, ortho: (CAS 89-92-9), meta: (CAS 620-13-3), para: (CAS 104-81-4);

h.

Benzyl bromide (CAS 100-39-0);

i.

Benzyl iodide (CAS 620-05-3);

j.

Bromo acetone (CAS 598-31-2);

k.

Cyanogen bromide (CAS 506-68-3);

l.

Bromo methylethylketone (CAS 816-40-0);

m.

Chloro acetone (CAS 78-95-5);

n.

Ethyl iodoacetate (CAS 623-48-3);

o.

Iodo acetone (CAS 3019-04-3);

p.

Chloropicrin (CAS 76-06-2). See entry 1C450.a.7. on the EU Dual-Use List.

Note 2

The cultures of cells and biological systems specified by ML7.h. and ML7.i.2. are exclusive and these sub-items do not apply to cells or biological systems for civil purposes, such as agricultural, pharmaceutical, medical, veterinary, environmental, waste management, or in the food industry.

ML8
“Energetic materials”, and related substances, as follows:

N.B.1.

See also entry 1C011 on the EU Dual-Use List.

N.B.2.

For charges and devices, see ML4 and entry 1A008 on the EU Dual-Use List

Technical Notes

1.

For the purposes of ML8, mixture refers to a composition of two or more substances with at least one substance being listed in the ML8 sub-items.

2.

Any substance listed in the ML8 sub-items is subject to this list, even when utilised in an application other than that indicated. (e.g. TAGN is predominantly used as an explosive but can also be used either as a fuel or an oxidizer.)

a.

“Explosives”, as follows, and mixtures thereof:

1.

ADNBF (aminodinitrobenzofuroxan or 7-amino-4,6-dinitrobenzofurazane-1-oxide) (CAS 97096-78-1);

2.

BNCP (cis-bis (5-nitrotetrazolato) tetra amine-cobalt (III) perchlorate) (CAS 117412-28-9);

3.

CL-14 (diamino dinitrobenzofuroxan or 5,7-diamino-4,6-dinitrobenzofurazane-1-oxide) (CAS 117907-74-1);

4.

CL-20 (HNIW or Hexanitrohexaazaisowurtzitane) (CAS 135285-90-4); chlathrates of CL-20 (see also ML8.g.3. and g.4. for its “precursors”);

5.

CP (2-(5-cyanotetrazolato) penta amine-cobalt (III) perchlorate) (CAS 70247-32-4);

6.

DADE (1,1-diamino-2,2-dinitroethylene, FOX7) (CAS 145250-81-3);

7.

DATB (diaminotrinitrobenzene) (CAS 1630-08-6);

8.

DDFP (1,4-dinitrodifurazanopiperazine);

9.

DDPO (2,6-diamino-3,5-dinitropyrazine-1-oxide, PZO) (CAS 194486-77-6);

10.

DIPAM (3,3′-diamino-2,2′,4,4′,6,6′-hexanitrobiphenyl or dipicramide) (CAS 17215-44-0);

11.

DNGU (DINGU or dinitroglycoluril) (CAS 55510-04-8);

12.

Furazans, as follows:

a.

DAAOF (diaminoazoxyfurazan);

b.

DAAzF (diaminoazofurazan) (CAS 78644-90-3);

13.

HMX and derivatives (see also ML8.g.5. for its “precursors”), as follows:

a.

HMX (Cyclotetramethylenetetranitramine, octahydro-1,3,5,7-tetranitro-1,3,5,7-tetrazine, 1,3,5,7-tetranitro-1,3,5,7-tetraza-cyclooctane, octogen or octogene) (CAS 2691-41-0);

b.

difluoroaminated analogs of HMX;

c.

K-55 (2,4,6,8-tetranitro-2,4,6,8-tetraazabicyclo [3,3,0]-octanone-3, tetranitrosemiglycouril or keto-bicyclic HMX) (CAS 130256-72-3);

14.

HNAD (hexanitroadamantane) (CAS 143850-71-9);

15.

HNS (hexanitrostilbene) (CAS 20062-22-0);

16.

Imidazoles as follows:

a.

BNNII (Octahydro-2,5-bis(nitroimino)imidazo [4,5-d]imidazole);

b.

DNI (2,4-dinitroimidazole) (CAS 5213-49-0);

c.

FDIA (1-fluoro-2,4-dinitroimidazole);

d.

NTDNIA (N-(2-nitrotriazolo)-2,4-dinitroimidazole);

e.

PTIA (1-picryl-2,4,5-trinitroimidazole);

17.

NTNMH (1-(2-nitrotriazolo)-2-dinitromethylene hydrazine);

18.

NTO (ONTA or 3-nitro-1,2,4-triazol-5-one) (CAS 932-64-9);

19.

Polynitrocubanes with more than four nitro groups;

20.

PYX (2,6-Bis(picrylamino)-3,5-dinitropyridine) (CAS 38082-89-2);

21.

RDX and derivatives, as follows:

a.

RDX (cyclotrimethylenetrinitramine, cyclonite, T4, hexahydro-1,3,5-trinitro-1,3,5-triazine, 1,3,5-trinitro-1,3,5-triaza-cyclohexane, hexogen or hexogene) (CAS 121-82-4);

b.

Keto-RDX (K-6 or 2,4,6-trinitro-2,4,6-triazacyclohexanone) (CAS 115029-35-1);

22.

TAGN (triaminoguanidinenitrate) (CAS 4000-16-2);

23.

TATB (triaminotrinitrobenzene) (CAS 3058-38-6) (see also ML8.g.7 for its “precursors”);

24.

TEDDZ (3,3,7,7-tetrabis(difluoroamine) octahydro-1,5-dinitro-1,5-diazocine);

25.

Tetrazoles, as follows:

a.

NTAT (nitrotriazol aminotetrazole);

b.

NTNT (1-N-(2-nitrotriazolo)-4-nitrotetrazole);

26.

Tetryl (trinitrophenylmethylnitramine) (CAS 479-45-8);

27.

TNAD (1,4,5,8-tetranitro-1,4,5,8-tetraazadecalin) (CAS 135877-16-6) (see also ML8.g.6. for its “precursors”);

28.

TNAZ (1,3,3-trinitroazetidine) (CAS 97645-24-4) (see also ML8.g.2. for its “precursors”);

29.

TNGU (SORGUYL or tetranitroglycoluril) (CAS 55510-03-7);

30.

TNP (1,4,5,8-tetranitro-pyridazino[4,5-d]pyridazine) (CAS 229176-04-9);

31.

Triazines, as follows:

a.

DNAM (2-oxy-4,6-dinitroamino-s-triazine) (CAS 19899-80-0);

b.

NNHT (2-nitroimino-5-nitro-hexahydro-1,3,5-triazine) (CAS 130400-13-4);

32.

Triazoles, as follows:

a.

5-azido-2-nitrotriazole;

b.

ADHTDN (4-amino-3,5-dihydrazino-1,2,4-triazole dinitramide) (CAS 1614-08-0);

c.

ADNT (1-amino-3,5-dinitro-1,2,4-triazole);

d.

BDNTA ([bis-dinitrotriazole]amine);

e.

DBT (3,3′-dinitro-5,5-bi-1,2,4-triazole) (CAS 30003-46-4);

f.

DNBT (dinitrobistriazole) (CAS 70890-46-9);

g.

Not used since 2010;

h.

NTDNT (1-N-(2-nitrotriazolo) 3,5-dinitrotriazole);

i.

PDNT (1-picryl-3,5-dinitrotriazole);

j.

TACOT (tetranitrobenzotriazolobenzotriazole) (CAS 25243-36-1);

33.

Explosives not listed elsewhere in ML8.a. and having any of the following:

a.

Detonation velocity exceeding 8 700 m/s, at maximum density, or

b.

Detonation pressure exceeding 34 GPa (340 kbar);

34.

Organic explosives not listed elsewhere in ML8.a. and having all the following:

a.

Yielding detonation pressures of 25 GPa (250 kbar) or more and

b.

Remaining stable at temperatures of 523 K (250 C) or higher for periods of five minutes or longer;

b.

“Propellants” as follows:

1.

Any United Nations (UN) Class 1.1 solid “propellant” with a theoretical specific impulse (under standard conditions) of more than 250 seconds for non-metallised, or more than 270 seconds for aluminised compositions;

2.

Any UN Class 1.3 solid “propellant” with a theoretical specific impulse (under standard conditions) of more than 230 seconds for non-halogenised, 250 seconds for non-metallised compositions and 266 seconds for metallised compositions;

3.

“Propellants” having a force constant of more than 1 200 kJ/kg;

4.

“Propellants” that can sustain a steady-state linear burning rate of more than 38 mm/s under standard conditions (as measured in the form of an inhibited single strand) of 6,89 MPa (68,9 bar) pressure and 294 K (21 °C);

5.

Elastomer Modified Cast Double Base (EMCDB) “propellants” with extensibility at maximum stress of more than 5 % at 233 K (– 40 °C);

6.

Any “propellant” containing substances specified by ML8.a.

7.

“Propellants”, not specified elsewhere in the EU Common Military List, specially designed for military use;

c.

“Pyrotechnics”, fuels and related substances, as follows, and mixtures thereof:

1.

Aircraft fuels specially formulated for military purposes;

Note

Aircraft fuels specified by ML8.c.1. are finished products, not their constituents.

2.

Alane (aluminum hydride) (CAS 7784-21-6);

3.

Carboranes; decaborane (CAS 17702-41-9); pentaboranes (CAS 19624-22-7 and 18433-84-6) and their derivatives;

4.

Hydrazine and derivatives, as follows (see also ML8.d.8. and d.9. for oxidising hydrazine derivatives):

a.

Hydrazine (CAS 302-01-2) in concentrations of 70 % or more;

b.

Monomethyl hydrazine (CAS 60-34-4);

c.

Symmetrical dimethyl hydrazine (CAS 540-73-8);

d.

Unsymmetrical dimethyl hydrazine (CAS 57-14-7);

Note

ML8.c.4.a. does not apply to hydrazine ‘mixtures’ specially formulated for corrosion control.

5.

Metal fuels in particle form whether spherical, atomised, spheroidal, flaked or ground, manufactured from material consisting of 99 % or more of any of the following:

a.

Metals as follows and mixtures thereof:

1.

Beryllium (CAS 7440-41-7) in particle sizes of less than 60 μm;

2.

Iron powder (CAS 7439-89-6) with particle size of 3 μm or less produced by reduction of iron oxide with hydrogen;

b.

Mixtures containing any of the following:

1.

Zirconium (CAS 7440-67-7), magnesium (CAS 7439-95-4) or alloys of these in particle sizes of less than 60 μm; or

2.

Boron (CAS 7440-42-8) or boron carbide (CAS 12069-32-8) fuels of 85 % purity or higher and particle sizes of less than 60 μm;

Note 1

ML8.c.5 applies to explosives and fuels, whether or not the metals or alloys are encapsulated in aluminium, magnesium, zirconium, or beryllium.

Note 2

ML8.c.5.b. only applies to metal fuels in particle form when they are mixed with other substances to form a mixture formulated for military purposes such as liquid propellant slurries, solid propellants, or pyrotechnic mixtures.

Note 3

ML8.c.5.b.2. does not apply to boron and boron carbide enriched with boron-10 (20 % or more of total boron-10 content.)

6.

Military materials, containing thickeners for hydrocarbon fuels, specially formulated for use in flame throwers or incendiary munitions, such as metal stearates or palmates (e.g. octal (CAS 637-12-7)) and M1, M2, and M3 thickeners;

7.

Perchlorates, chlorates and chromates, composited with powdered metal or other high energy fuel components;

8.

Spherical aluminium powder (CAS 7429-90-5) with a particle size of 60 μm or less, manufactured from material with an aluminium content of 99 % or more;

9.

Titanium subhydride (TiHn) of stoichiometry equivalent to n = 0,65 to 1,68.

d.

Oxidizers as follows, and mixtures thereof:

1.

ADN (ammonium dinitramide or SR 12) (CAS 140456-78-6);

2.

AP (ammonium perchlorate) (CAS 7790-98-9);

3.

Compounds composed of fluorine and any of the following:

a.

Other halogens;

b.

Oxygen; or

c.

Nitrogen;

Note 1

ML8.d.3 does not apply to chlorine trifluoride (CAS 7790-91-2).

Note 2

ML8.d.3 does not apply to nitrogen trifluoride (CAS 7783-54-2) in its gaseous state.

4.

DNAD (1,3-dinitro-1,3-diazetidine) (CAS 78246-06-7);

5.

HAN (hydroxylammonium nitrate) (CAS 13465-08-2);

6.

HAP (hydroxylammonium perchlorate) (CAS 15588-62-2);

7.

HNF (hydrazinium nitroformate) (CAS 20773-28-8);

8.

Hydrazine nitrate (CAS 37836-27-4);

9.

Hydrazine perchlorate (CAS 27978-54-7);

10.

Liquid oxidisers comprised of or containing inhibited red fuming nitric acid (IRFNA) (CAS 8007-58-7);

Note

ML8.d.10 does not apply to non-inhibited fuming nitric acid.

e.

Binders, plasticisers, monomers and polymers, as follows:

1.

AMMO (azidomethylmethyloxetane and its polymers) (CAS 90683-29-7) (see also ML8.g.1. for its “precursors”);

2.

BAMO (bisazidomethyloxetane and its polymers) (CAS 17607-20-4) (see also ML8.g.1. for its “precursors”);

3.

BDNPA (bis (2,2-dinitropropyl)acetal) (CAS 5108-69-0);

4.

BDNPF (bis (2,2-dinitropropyl)formal) (CAS 5917-61-3);

5.

BTTN (butanetrioltrinitrate) (CAS 6659-60-5) (see also ML8.g.8. for its “precursors”);

6.

Energetic monomers, plasticizers or polymers, specially formulated for military use and containing any of the following;

a.

Nitro groups;

b.

Azido groups;

c.

Nitrate groups;

d.

Nitrataza groups; or

e.

Difluoroamino groups;

7.

FAMAO (3-difluoroaminomethyl-3-azidomethyl oxetane) and its polymers;

8.

FEFO (bis-(2-fluoro-2,2-dinitroethyl) formal) (CAS 17003-79-1);

9.

FPF-1 (poly-2,2,3,3,4,4-hexafluoropentane-1,5-diol formal) (CAS 376-90-9);

10.

FPF-3 (poly-2,4,4,5,5,6,6-heptafluoro-2-tri-fluoromethyl-3-oxaheptane-1,7-diol formal);

11.

GAP (glycidylazide polymer) (CAS 143178-24-9) and its derivatives;

12.

HTPB (hydroxyl terminated polybutadiene) with a hydroxyl functionality equal to or greater than 2,2 and less than or equal to 2,4, a hydroxyl value of less than 0,77 meq/g, and a viscosity at 30 °C of less than 47 poise (CAS 69102-90-5);

13.

Alcohol functionalised poly(epichlorohydrin) with a molecular weight less than 10 000, as follows:

a.

Poly(epichlorohydrindiol);

b.

Poly(epichlorohydrintriol)

14.

NENAs (nitratoethylnitramine compounds) (CAS 17096-47-8, 85068-73-1, 82486-83-7, 82486-82-6 and 85954-06-9);

15.

PGN (poly-GLYN, polyglycidylnitrate or poly(nitratomethyl oxirane) (CAS 27814-48-8);

16.

Poly-NIMMO (poly nitratomethylmethyloxetane) or poly-NMMO (poly[3-Nitratomethyl-3-methyloxetane]) (CAS 84051-81-0);

17.

Polynitroorthocarbonates;

18.

TVOPA (1,2,3-tris[1,2-bis(difluoroamino)ethoxy] propane or tris vinoxy propane adduct) (CAS 53159-39-0).

f.

“Additives” as follows:

1.

Basic copper salicylate (CAS 62320-94-9);

2.

BHEGA (bis-(2-hydroxyethyl)glycolamide) (CAS 17409-41-5);

3.

BNO (butadienenitrileoxide);

4.

Ferrocene derivatives as follows:

a.

Butacene (CAS 125856-62-4);

b.

Catocene (2,2-bis-ethylferrocenyl propane) (CAS 37206-42-1);

c.

Ferrocene carboxylic acids including:

 

Ferrocene carboxylic acid (CAS 1271-42-7),

 

1,1′-Ferrocenedicarboxylic acid (CAS 1293-87-4);

d.

n-butyl-ferrocene (CAS 31904-29-7);

e.

Other adducted polymer ferrocene derivatives;

5.

Lead beta-resorcylate (CAS 20936-32-7);

6.

Lead citrate (CAS 14450-60-3);

7.

Lead-copper chelates of beta-resorcylate or salicylates (CAS 68411-07-4);

8.

Lead maleate (CAS 19136-34-6);

9.

Lead salicylate (CAS 15748-73-9);

10.

Lead stannate (CAS 12036-31-6);

11.

MAPO (tris-1-(2-methyl)aziridinyl phosphine oxide) (CAS 57-39-6); BOBBA 8 (bis(2-methyl aziridinyl) 2-(2-hydroxypropanoxy) propylamino phosphine oxide); and other MAPO derivatives;

12.

Methyl BAPO (bis(2-methyl aziridinyl) methylamino phosphine oxide) (CAS 85068-72-0);

13.

N-methyl-p-nitroaniline (CAS 100-15-2);

14.

3-Nitraza-1,5-pentane diisocyanate (CAS 7406-61-9);

15.

Organo-metallic coupling agents as follows:

a.

Neopentyl[diallyl]oxy, tri[dioctyl]phosphato-titanate (CAS 103850-22-2); also known as titanium IV, 2,2[bis 2-propenolato-methyl, butanolato, tris (dioctyl) phosphato] (CAS 110438-25-0); or LICA 12 (CAS 103850-22-2);

b.

Titanium IV, [(2-propenolato-1) methyl, n-propanolatomethyl] butanolato-1, tris[dioctyl] pyrophosphate or KR3538;

c.

Titanium IV, [(2-propenolato-1)methyl, n-propanolatomethyl] butanolato-1, tris(dioctyl)phosphate;

16.

Polycyanodifluoroaminoethyleneoxide;

17.

Polyfunctional aziridine amides with isophthalic, trimesic (BITA or butylene imine trimesamide), isocyanuric or trimethyladipic backbone structures and 2-methyl or 2-ethyl substitutions on the aziridine ring;

18.

Propyleneimine (2-methylaziridine) (CAS 75-55-8);

19.

Superfine iron oxide (Fe2O3) (CAS 1317-60-8) with a specific surface area more than 250 m2/g and an average particle size of 3,0 nm or less;

20.

TEPAN (tetraethylenepentaamineacrylonitrile) (CAS 68412-45-3); cyanoethylated polyamines and their salts;

21.

TEPANOL (tetraethylenepentaamineacrylonitrileglycidol) (CAS 68412-46-4); cyanoethylated polyamines adducted with glycidol and their salts;

22.

TPB (triphenyl bismuth) (CAS 603-33-8).

g.

“Precursors”, as follows:

NB:

In ML8.g. the references are to specified “Energetic Materials” manufactured from these substances.

1.

BCMO (bischloromethyloxetane) (CAS 142173-26-0) (see also ML8.e.1. and e.2.);

2.

Dinitroazetidine-t-butyl salt (CAS 125735-38-8) (see also ML8.a.28.);

3.

HBIW (hexabenzylhexaazaisowurtzitane) (CAS 124782-15-6) (see also ML8.a.4.);

4.

TAIW (tetraacetyldibenzylhexaazaisowurtzitane) (see also ML8.a.4.) (CAS 182763-60-6);

5.

TAT (1,3,5,7 tetraacetyl-1,3,5,7,-tetraaza cyclo-octane) (CAS 41378-98-7) (see also ML8.a.13.);

6.

1,4,5,8-tetraazadecalin (CAS 5409-42-7) (see also ML8.a.27.);

7.

1,3,5-trichlorobenzene (CAS 108-70-3) (see also ML8.a.23.);

8.

1,2,4-trihydroxybutane (1,2,4-butanetriol) (CAS 3068-00-6) (see also ML8.e.5.).

Note 1

ML8 does not apply to the following substances unless they are compounded or mixed with the “energetic material” specified by ML8.a. or powdered metals specified by ML8.c.:

a.

Ammonium picrate (CAS 131-74-8);

b.

Black powder;

c.

Hexanitrodiphenylamine (CAS 131-73-7);

d

Difluoroamine (CAS 10405-27-3);

e.

Nitrostarch (CAS9056-38-6);

f.

Potassium nitrate (CAS 7757-79-1);

g.

Tetranitronaphthalene;

h.

Trinitroanisol;

i.

Trinitronaphthalene;

j.

Trinitroxylene;

k.

N-pyrrolidinone; 1-methyl-2-pyrrolidinone (CAS 872-50-4);

l.

Dioctylmaleate (CAS 142-16-5);

m.

Ethylhexylacrylate (CAS 103-11-7);

n.

Triethylaluminium (TEA) (CAS 97-93-8), trimethylaluminium (TMA) (CAS 75-24-1), and other pyrophoric metal alkyls and aryls of lithium, sodium, magnesium, zinc or boron;

o.

Nitrocellulose (CAS 9004-70-0);

p.

Nitroglycerin (or glyceroltrinitrate, trinitroglycerine) (NG) (CAS 55-63-0);

q.

2,4,6-trinitrotoluene (TNT) (CAS 118-96-7);

r.

Ethylenediaminedinitrate (EDDN) (CAS 20829-66-7);

s.

Pentaerythritoltetranitrate (PETN) (CAS 78-11-5);

t.

Lead azide (CAS 13424-46-9), normal lead styphnate(CAS 15245-44-0) and basic lead styphnate (CAS 12403-82-6), and primary explosives or priming compositions containing azides or azide complexes;

u.

Triethyleneglycoldinitrate (TEGDN)(CAS 111-22-8);

v.

2,4,6-trinitroresorcinol (styphnic acid) (CAS 82-71-3);

w.

Diethyldiphenylurea (CAS 85-98-3); dimethyldiphenylurea(CAS 611-92-7); methylethyldiphenyl urea [Centralites];

x.

N,N-diphenylurea (unsymmetrical diphenylurea) (CAS 603-54-3);

y.

Methyl-N,N-diphenylurea (methyl unsymmetrical diphenylurea)(CAS 13114-72-2);

z.

Ethyl-N,N-diphenylurea (ethyl unsymmetrical diphenylurea) (CAS 64544-71-4);

aa.

2-Nitrodiphenylamine (2-NDPA)(CAS 119-75-5);

bb.

4-Nitrodiphenylamine (4-NDPA)(CAS 836-30-6);

cc.

2,2-dinitropropanol (CAS 918-52-5);

dd.

Nitroguanidine (CAS 556-88-7) (see entry 1C011.d. on the EU Dual-Use List).

Note 2

ML8. does not apply to ammonium perchlorate (ML8.d.2.) and NTO (ML8.a.18.), specially shaped and formulated for civil-use gas generation devices and meeting all of the following:

a.

Compounded or mixed, with non-active thermoset binders or plasticizers;

b.

Having a maximum of 80 % ammonium perchlorate (ML8.d.2.) in mass of active material;

c.

Having less than or equal to 4 g of NTO (ML8.a.18.); and

d.

Having an individual mass of less than 250 g.

ML9
Vessels of war (surface or underwater), special naval equipment, accessories, components and other surface vessels, as follows:

NB:

For guidance and navigation equipment, see ML11.

a.

Vessels and components, as follows:

1.

Vessels (surface or underwater) specially designed or modified for military use, regardless of current state of repair or operating condition, and whether or not they contain weapon delivery systems or armour, and hulls or parts of hulls for such vessels, and components therefor specially designed for military use;

2.

Surface vessels, other than those specified in ML9.a.1., having any of the following, fixed or integrated into the vessel:

a.

Automatic weapons having a calibre of 12,7 mm or greater specified in ML1., or weapons specified in ML2., ML4., ML12. or ML19., or ‘mountings’ or hard points for such weapons;

Technical Note

‘Mountings’ refers to weapon mounts or structural strengthening for the purpose of installing weapons.

b.

Fire control systems specified in ML5.;

c.

Having all of the following:

1.

‘Chemical, Biological, Radiological and Nuclear (CBRN) protection’; and

2.

‘Pre-wet or wash down system’ designed for decontamination purposes; or

Technical Notes

1.

‘CBRN protection’ is a self-contained interior space containing features such as over-pressurization, isolation of ventilation systems, limited ventilation openings with CBRN filters and limited personnel access points incorporating air-locks.

2.

‘Pre-wet or wash down system’ is a seawater spray system capable of simultaneously wetting the exterior superstructure and decks of a vessel.

d.

Active weapon countermeasure systems specified in ML4.b., ML5.c. or ML11.a. and having any of the following:

1.

‘CBRN protection’;

2.

Hull and superstructure, specially designed to reduce the radar cross section;

3.

Thermal signature reduction devices, (e.g., an exhaust gas cooling system), excluding those specially designed to increase overall power plant efficiency or to reduce the environmental impact; or

4.

A degaussing system designed to reduce the magnetic signature of the whole vessel;

b.

Engines and propulsion systems, as follows, specially designed for military use and components therefor specially designed for military use:

1.

Diesel engines specially designed for submarines and having all of the following:

a.

Power output of 1,12 MW (1 500 hp) or more; and

b.

Rotary speed of 700 rpm or more;

2.

Electric motors specially designed for submarines and having all of the following:

a.

Power output of more than 0,75 MW (1 000 hp);

b.

Quick reversing;

c.

Liquid cooled; and

d.

Totally enclosed;

3.

Non-magnetic diesel engines having all of the following:

a.

Power output of 37,3 kW (50 hp) or more; and

b.

Non-magnetic content in excess of 75 % of total mass;

4.

‘Air Independent Propulsion’ (AIP) systems specially designed for submarines;

Technical Note

‘Air Independent Propulsion’ (AIP) allows a submerged submarine to operate its propulsion system, without access to atmospheric oxygen, for a longer time than the batteries would have otherwise allowed. For the purposes of ML9.b.4., AIP does not include nuclear power.

c.

Underwater detection devices, specially designed for military use, controls therefor and components therefor specially designed for military use;

d.

Anti-submarine nets and anti-torpedo nets, specially designed for military use;

e.

Not used since 2003;

f.

Hull penetrators and connectors, specially designed for military use, that enable interaction with equipment external to a vessel, and components therefor specially designed for military use;

Note

ML9.f. includes connectors for vessels which are of the single-conductor, multi-conductor, coaxial or waveguide type, and hull penetrators for vessels, both of which are capable of remaining impervious to leakage from without and of retaining required characteristics at marine depths exceeding 100 m; and fibre-optic connectors and optical hull penetrators, specially designed for “laser” beam transmission, regardless of depth. ML9.f. does not apply to ordinary propulsive shaft and hydrodynamic control-rod hull penetrators.

g.

Silent bearings having any of the following, components therefor and equipment containing those bearings, specially designed for military use:

1.

Gas or magnetic suspension;

2.

Active signature controls; or

3.

Vibration suppression controls.

ML10
“Aircraft”, “lighter-than-air vehicles”, Unmanned Aerial Vehicles (“UAVs”), aero-engines and “aircraft” equipment, related equipment, and components, as follows, specially designed or modified for military use:

NB:

For guidance and navigation equipment, see ML11.

a.

Manned “aircraft” and “lighter-than-air vehicles”, and specially designed components therefor;

b.

Not used since 2011;

c.

Unmanned aircraft and related equipment, as follows, and specially designed components therefor:

1.

“UAVs”, Remotely Piloted Air Vehicles (RPVs), autonomous programmable vehicles and unmanned “lighter-than-air vehicles”;

2.

Launchers, recovery equipment and ground support equipment;

3.

Equipment designed for command or control;

d.

Propulsion aero-engines and specially designed components therefor;

e.

Airborne refuelling equipment specially designed or modified for any of the following, and specially designed components therefor:

1.

“Aircraft” specified by ML10.a.; or

2.

Unmanned aircraft specified by ML10.c.;

f.

‘Ground equipment’ specially designed for aircraft specified by ML10.a. or aero-engines specified by ML10.d.;

Technical Note

‘Ground equipment’ includes pressure refuelling equipment and equipment designed to facilitate operations in confined areas.

g.

Aircrew life support equipment, aircrew safety equipment and other devices for emergency escape, not specified in ML10.a., designed for “aircraft” specified by ML10.a.;

Note

ML10.g. does not control aircrew helmets that do not incorporate, or have mountings or fittings for, equipment specified in the EU Common Military List.

NB:

For helmets see also ML13.c.

h.

Parachutes, paragliders and related equipment, as follows, and specially designed components therefor:

1.

Parachutes not specified elsewhere in the EU Common Military List;

2.

Paragliders

3.

Equipment specially designed for high altitude parachutists (e.g. suits, special helmets, breathing systems, navigation equipment);

i.

Controlled opening equipment or automatic piloting systems, designed for parachuted loads.

Note 1

ML10.a. does not apply to “aircraft” and “lighter-than-air vehicles” or variants of those “aircraft” specially designed for military use, and which are all of the following:

a.

Not a combat aircraft

b.

Not configured for military use and not fitted with equipment or attachments specially designed or modified for military use; and

c.

Certified for civil use by the civil aviation authority in an EU Member State or in a Wassenaar Arrangement Participating State.

Note 2

ML10.d. does not apply to:

a.

Aero-engines designed or modified for military use which have been certified by civil aviation authorities in an EU Member State or in a Wassenaar Arrangement Participating State for use in “civil aircraft”, or specially designed components therefor;

b.

Reciprocating engines or specially designed components therefor, except those specially designed for “UAVs”.

Note 3

For the purposes of ML10.a. and ML10.d., specially designed components and related equipment for non-military “aircraft” or aero-engines modified for military use applies only to those military components and to military related equipment required for the modification to military use.

Note 4

For the purposes of ML10.a., military use includes: combat, military reconnaissance, assault, military training, logistics support, and transporting and airdropping troops or military equipment.

Note 5

ML10.a. does not apply to “aircraft” that meet all of the following:

a.

Were first manufactured before 1946;

b.

Do not incorporate items specified by the EU Common Military List, unless the items are required to meet safety or airworthiness standards of an EU Member State or of a Wassenaar Arrangement Participating State; and

c.

Do not incorporate weapons specified by the EU Common Military List, unless inoperable and incapable of being returned to operation.

ML11
Electronic equipment, “spacecraft” and components, not specified elsewhere on the EU Common Military List, as follows:

a.

Electronic equipment specially designed for military use and specially designed components therefor;

Note

ML11.a. includes:

a.

Electronic countermeasure and electronic counter-countermeasure equipment (i.e. equipment designed to introduce extraneous or erroneous signals into radar or radio communication receivers or otherwise hinder the reception, operation or effectiveness of adversary electronic receivers including their countermeasure equipment), including jamming and counter-jamming equipment;

b.

Frequency agile tubes;

c.

Electronic systems or equipment, designed either for surveillance and monitoring of the electro-magnetic spectrum for military intelligence or security purposes or for counteracting such surveillance and monitoring;

d.

Underwater countermeasures, including acoustic and magnetic jamming and decoy, equipment designed to introduce extraneous or erroneous signals into sonar receivers;

e.

Data processing security equipment, data security equipment and transmission and signalling line security equipment, using ciphering processes;

f.

Identification, authentification and keyloader equipment and key management, manufacturing and distribution equipment;

g.

Guidance and navigation equipment;

h.

Digital troposcatter-radio communications transmission equipment;

i.

Digital demodulators specially designed for signals intelligence;

j.

“Automated command and control systems”.

NB:

For “software” associated with military “Software” Defined Radio (SDR), see ML21.

b.

Global Navigation Satellite Systems (GNSS) jamming equipment and specially designed components therefor;

c.

“Spacecraft” specially designed or modified for military use, and “spacecraft” components specially designed for military use.

ML12
High velocity kinetic energy weapon systems and related equipment, as follows, and specially designed components therefor:

a.

Kinetic energy weapon systems specially designed for destruction or effecting mission-abort of a target;

b.

Specially designed test and evaluation facilities and test models, including diagnostic instrumentation and targets, for dynamic testing of kinetic energy projectiles and systems.

NB:

For weapon systems using sub-calibre ammunition or employing solely chemical propulsion, and ammunition therefor, see ML1 to ML4.

Note 1

ML12 includes the following when specially designed for kinetic energy weapon systems:

a.

Launch propulsion systems capable of accelerating masses larger than 0,1 g to velocities in excess of 1,6 km/s, in single or rapid fire modes;

b.

Prime power generation, electric armour, energy storage, thermal management, conditioning, switching or fuel-handling equipment; and electrical interfaces between power supply, gun and other turret electric drive functions;

c.

Target acquisition, tracking, fire control or damage assessment systems;

d.

Homing seeker, guidance or divert propulsion (lateral acceleration) systems for projectiles.

Note 2

ML12 applies to weapon systems using any of the following methods of propulsion:

a.

Electromagnetic;

b.

Electrothermal;

c.

Plasma;

d.

Light gas; or

e.

Chemical (when used in combination with any of the above).

ML13
Armoured or protective equipment, constructions and components, as follows:

a.

Armoured plate, having any of the following:

1.

Manufactured to comply with a military standard or specification; or

2.

Suitable for military use;

NB:

For body armour plate, see ML13.d.2.

b.

Constructions of metallic or non-metallic materials, or combinations thereof, specially designed to provide ballistic protection for military systems, and specially designed components therefor;

c.

Helmets manufactured according to military standards or specifications, or comparable national standards, and specially designed components therefor, (i.e. helmet shell, liner and comfort pads);

d.

Body armour or protective garments, and components therefor, as follows:

1.

Soft body armour or protective garments, manufactured to military standards or specifications, or to their equivalents, and specially designed components therefor;

Note

For the purposes of ML13.d.1., military standards or specifications include, at a minimum, specifications for fragmentation protection.

2.

Hard body armour plates providing ballistic protection equal to or greater than level III (NIJ 0101.06, July 2008) or national equivalents.

Note 1

ML13.b. includes materials specially designed to form explosive reactive armour or to construct military shelters.

Note 2

ML13.c. does not apply to conventional steel helmets, neither modified or designed to accept, nor equipped with any type of accessory device.

Note 3

ML13.c. and d. do not apply to helmets, body armour or protective garments, when accompanying their user for the user’s own personal protection.

Note 4

The only helmets specially designed for bomb disposal personnel that are specified by ML13. are those specially designed for military use.

NB: 1

See also entry 1A005 on the EU Dual-Use List.

NB: 2

For “fibrous or filamentary materials” used in the manufacture of body armour and helmets, see entry 1C010 on the EU Dual Use List.

ML14
‘Specialised equipment for military training’ or for simulating military scenarios, simulators specially designed for training in the use of any firearm or weapon specified by ML1 or ML2, and specially designed components and accessories therefor.

Technical Note

The term ‘specialised equipment for military training’ includes military types of attack trainers, operational flight trainers, radar target trainers, radar target generators, gunnery training devices, anti-submarine warfare trainers, flight simulators (including human-rated centrifuges for pilot/astronaut training), radar trainers, instrument flight trainers, navigation trainers, missile launch trainers, target equipment, drone “aircraft”, armament trainers, pilotless “aircraft” trainers, mobile training units and training equipment for ground military operations.

Note 1

ML14 includes image generating and interactive environment systems for simulators, when specially designed or modified for military use.

Note 2

ML14 does not apply to equipment specially designed for training in the use of hunting or sporting weapons.

ML15
Imaging or countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor:

a.

Recorders and image processing equipment;

b.

Cameras, photographic equipment and film processing equipment;

c.

Image intensifier equipment;

d.

Infrared or thermal imaging equipment;

e.

Imaging radar sensor equipment;

f.

Countermeasure or counter-countermeasure equipment, for the equipment specified by ML15.a. to ML15.e.

Note

ML15.f. includes equipment designed to degrade the operation or effectiveness of military imaging systems or to minimize such degrading effects.

Note 1

In ML15, the term specially designed components includes the following when specially designed for military use:

a.

Infrared image converter tubes;

b.

Image intensifier tubes (other than first generation);

c.

Microchannel plates;

d.

Low-light-level television camera tubes;

e.

Detector arrays (including electronic interconnection or read out systems);

f.

Pyroelectric television camera tubes;

g.

Cooling systems for imaging systems;

h.

Electrically triggered shutters of the photochromic or electro-optical type having a shutter speed of less than 100 μs, except in the case of shutters which are an essential part of a high-speed camera;

i.

Fibre optic image inverters;

j.

Compound semiconductor photocathodes

Note 2

ML15 does not apply to “first generation image intensifier tubes” or equipment specially designed to incorporate “first generation image intensifier tube”.

NB:

For the classification of weapons sights incorporating “first generation image intensifier tubes” see ML1., ML2. and ML5.a.

NB:

See also entries 6A002.a.2. and 6A002.b. on the EU Dual-Use List

ML16
Forgings, castings and other unfinished products, specially designed for items specified by ML1 to ML4, ML6, ML9, ML10, ML12 or ML19.

Note

ML16. applies to unfinished products when they are identifiable by material composition, geometry or function.

ML17
Miscellaneous equipment, materials and ‘libraries’, as follows, and specially designed components therefor:

a.

Self-contained diving and underwater swimming apparatus, as follows:

1.

Closed or semi-closed circuit (rebreathing) apparatus specially designed for military use (i.e. specially designed to be non-magnetic);

2.

Specially designed components for use in the conversion of open-circuit apparatus to military use;

3.

Articles designed exclusively for military use with self-contained diving and underwater swimming apparatus;

b.

Construction equipment specially designed for military use;

c.

Fittings, coatings and treatments, for signature suppression, specially designed for military use;

d.

Field engineer equipment specially designed for use in a combat zone;

e.

“Robots”, “robot” controllers and “robot”“end-effectors”, having any of the following characteristics:

1.

Specially designed for military use;

2.

Incorporating means of protecting hydraulic lines against externally induced punctures caused by ballistic fragments (e.g. incorporating self-sealing lines) and designed to use hydraulic fluids with flash points higher than 839 K (566 °C); or

3.

Specially designed or rated for operating in an electro magnetic pulse (EMP) environment;

Technical Note

Electro-magnetic pulse does not refer to unintentional interference caused by electromagnetic radiation from nearby equipment (e.g. machinery, appliances or electronics) or lightning.

f.

‘Libraries’ (parametric technical databases) specially designed for military use with equipment specified by the EU Common Military List;

g.

Nuclear power generating equipment or propulsion equipment, including “nuclear reactors”, specially designed for military use and components therefor specially designed or ‘modified’ for military use;

h.

Equipment and material, coated or treated for signature suppression, specially designed for military use, other than those specified elsewhere in the EU Common Military List;

i.

Simulators specially designed for military “nuclear reactors”;

j.

Mobile repair shops specially designed or ‘modified’ to service military equipment;

k.

Field generators specially designed or ‘modified’ for military use;

l.

Containers specially designed or ‘modified’ for military use;

m.

Ferries, other than those specified elsewhere in the EU Common Military List, bridges and pontoons, specially designed for military use;

n.

Test models specially designed for the “development” of items specified by ML4, ML6, ML9 or ML10;

o.

Laser protection equipment (e.g. eye and sensor protection) specially designed for military use.

p.

“Fuel cells” other than those specified elsewhere in the EU Common Military List, specially designed or ‘modified’ for military use.

Technical Notes

1.

For the purpose of ML17, the term ‘library’ (parametric technical database) means a collection of technical information of a military nature, reference to which may enhance the performance of military equipment or systems.

2.

For the purpose of ML17, ‘modified’ means any structural, electrical, mechanical, or other change that provides a non-military item with military capabilities equivalent to an item which is specially designed for military use.

ML18
Production equipment and components, as follows:

a.

Specially designed or modified ‘production’ equipment for the ‘production’ of products specified by the EU Common Military List, and specially designed components therefor;

b.

Specially designed environmental test facilities and specially designed equipment therefor, for the certification, qualification or testing of products specified by the EU Common Military List.

Technical Note

For the purposes of ML18, the term ‘production’ includes design, examination, manufacture, testing and checking.

Note

ML18.a. and ML18.b. include the following equipment:

a.

Continuous nitrators;

b.

Centrifugal testing apparatus or equipment having any of the following:

1.

Driven by a motor or motors having a total rated horsepower of more than 298 kW (400 hp);

2.

Capable of carrying a payload of 113 kg or more; or

3

Capable of exerting a centrifugal acceleration of 8 g or more on a payload of 91 kg or more;

c.

Dehydration presses;

d.

Screw extruders specially designed or modified for military explosive extrusion;

e.

Cutting machines for the sizing of extruded propellants;

f.

Sweetie barrels (tumblers) 1,85 m or more in diameter and having over 227 kg product capacity;

g.

Continuous mixers for solid propellants;

h.

Fluid energy mills for grinding or milling the ingredients of military explosives;

i.

Equipment to achieve both sphericity and uniform particle size in metal powder listed in ML8.c.8.;

j.

Convection current converters for the conversion of materials listed in ML8.c.3.

ML19
Directed Energy Weapon (DEW) systems, related or countermeasure equipment and test models, as follows, and specially designed components therefor:

a.

“Laser” systems specially designed for destruction or effecting mission-abort of a target;

b.

Particle beam systems capable of destruction or effecting mission-abort of a target;

c.

High power Radio-Frequency (RF) systems capable of destruction or effecting mission-abort of a target;

d.

Equipment specially designed for the detection or identification of, or defence against, systems specified by ML19.a. to ML19.c.;

e.

Physical test models for the systems, equipment and components, specified by ML19.

f.

“Laser” systems specially designed to cause permanent blindness to unenhanced vision, i.e. to the naked eye or to the eye with corrective eyesight devices.

Note 1

DEW systems specified by ML19 include systems whose capability is derived from the controlled application of:

a.

“Lasers” of sufficient power to effect destruction similar to the manner of conventional ammunition;

b.

Particle accelerators which project a charged or neutral particle beam with destructive power;

c.

High pulsed power or high average power radio frequency beam transmitters, which produce fields sufficiently intense to disable electronic circuitry at a distant target.

Note 2

ML19 includes the following when specially designed for DEW systems:

a.

Prime power generation, energy storage, switching, power conditioning or fuel-handling equipment;

b.

Target acquisition or tracking systems;

c

Systems capable of assessing target damage, destruction or mission-abort;

d.

Beam-handling, propagation or pointing equipment;

e.

Equipment with rapid beam slew capability for rapid multiple target operations;

f.

Adaptive optics and phase conjugators;

g.

Current injectors for negative hydrogen ion beams;

h.

“Space-qualified” accelerator components;

i.

Negative ion beam funnelling equipment;

j.

Equipment for controlling and slewing a high energy ion beam;

k.

“Space qualified” foils for neutralising negative hydrogen isotope beams.

ML20
Cryogenic and “superconductive” equipment, as follows, and specially designed components and accessories therefor:

a.

Equipment specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (– 170 °C);

Note

ML20.a. includes mobile systems incorporating or employing accessories or components manufactured from non-metallic or non-electrical conductive materials, such as plastics or epoxy-impregnated materials.

b.

“Superconductive” electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, and capable of operating while in motion.

Note

ML20.b. does not apply to direct current hybrid homopolar generators that have single-pole normal metal armatures which rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting components in the generator.

ML21
“Software”, as follows:

a.

“Software” specially designed or modified for the “development”, “production” or “use” of equipment, materials or “software”, specified by the EU Common Military List;

b.

Specific “software”, other than that specified by ML21.a., as follows:

1.

“Software” specially designed for military use and specially designed for modelling, simulating or evaluating military weapon systems;

2.

“Software” specially designed for military use and specially designed for modelling or simulating military operational scenarios;

3.

“Software” for determining the effects of conventional, nuclear, chemical or biological weapons;

4.

“Software” specially designed for military use and specially designed for Command, Communications, Control and Intelligence (C3I) or Command, Communications, Control, Computer and Intelligence (C4I) applications;

c.

“Software”, not specified by ML21.a., or b., specially designed or modified to enable equipment not specified by the EU Common Military List to perform the military functions of equipment specified by the EU Common Military List.

ML22
“Technology” as follows:

a.

“Technology”, other than specified in ML22.b., which is “required” for the “development”, “production” or “use” of items specified in the EU Common Military List;.

b.

“Technology” as follows:

1.

“Technology”“required” for the design of, the assembly of components into, and the operation, maintenance and repair of, complete production installations for items specified in the Common Military List of The European Union, even if the components of such production installations are not specified;

2.

“Technology”“required” for the “development” and “production” of small arms even if used to produce reproductions of antique small arms;

3.

“Technology”“required” for the “development”, “production” or “use” of toxicological agents, related equipment or components specified by ML7.a. to ML7.g.;

4.

“Technology”“required” for the “development”, “production” or “use” of “biopolymers” or cultures of specific cells, specified by ML7.h.;

5.

“Technology”“required” exclusively for the incorporation of “biocatalysts”, specified by ML7.i.1., into military carrier substances or military material.

Note 1

“Technology”“required” for the “development”, “production” or “use” of items specified by the EU Common Military List remains under control even when applicable to any item not specified by the EU Common Military List.

Note 2

ML22 does not apply to:

a.

“Technology” that is the minimum necessary for the installation, operation, maintenance (checking) and repair, of those items which are not controlled or whose export has been authorised;

b.

“Technology” that is “in the public domain”, “basic scientific research” or the minimum necessary information for patent applications;

c.

“Technology” for magnetic induction for continuous propulsion of civil transport devices.

DEFINITIONS OF TERMS USED IN THIS LIST

The following are definitions of the terms used in this List, in alphabetical order.

Note 1

Definitions apply throughout the List. The references are purely advisory and have no effect on the universal application of defined terms throughout the List.

Note 2

Words and terms contained in this List of Definitions only take the defined meaning where this is indicated by their being enclosed in “double quotations marks”. Definitions of terms between ‘single quotation marks’ are given in a Technical note to the relevant item. Elsewhere, words and terms take their commonly accepted (dictionary) meanings.

ML7   “Adapted for use in war”

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.

ML8   “Additives”

Substances used in explosive formulations to improve their properties.

ML8, 10, 14   “Aircraft”

A fixed wing, swivel wing, rotary wing (helicopter), tilt rotor or tilt-wing airborne vehicle.

ML11   “Automated Command and Control Systems”

Electronic systems, through which information essential to the effective operation of the grouping, major formation, tactical formation, unit, ship, subunit or weapons under command is entered, processed and transmitted. This is achieved by the use of computer and other specialised hardware designed to support the functions of a military command and control organisation. The main functions of an automated command and control system are: the efficient automated collection, accumulation, storage and processing of information; the display of the situation and the circumstances affecting the preparation and conduct of combat operations; operational and tactical calculations for the allocation of resources among force groupings or elements of the operational order of battle or battle deployment according to the mission or stage of the operation; the preparation of data for appreciation of the situation and decision-making at any point during operation or battle; computer simulation of operations.

ML22   “Basic scientific research”

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.

ML7, 22   “Biocatalysts”

Enzymes for specific chemical or biochemical reactions or other biological compounds which bind to and accelerate the degradation of CW agents.

Technical Note

“Enzymes” means “biocatalysts” for specific chemical or biochemical reactions.

ML7, 22   “Biopolymers”

Biological macromolecules as follows:

a.

Enzymes for specific chemical or biochemical reactions;

b.

Antibodies, monoclonal, polyclonal or anti-idiotypic;

c.

Specially designed or specially processed receptors;

Technical Notes

1.

“Anti-idiotypic antibodies” means antibodies which bind to the specific antigen binding sites of other antibodies;

2.

“Monoclonal antibodies” means proteins which bind to one antigenic site and are produced by a single clone of cells;

3.

“Polyclonal antibodies” means a mixture of proteins which bind to the specific antigen and are produced by more than one clone of cells;

4.

“Receptors” means biological macromolecular structures capable of binding ligands, the binding of which affects physiological functions.

ML4, 10   “Civil aircraft”

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.

ML21, 22   “Development”

Is related to all stages 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.

ML17   “End-effectors”

Grippers, active tooling units and any other tooling that is attached to the baseplate on the end of a “robot” manipulator arm.

Technical Note

“Active tooling units” are devices for applying motive power, process energy or sensing to a work piece.

ML 8   “Energetic materials”

Substances or mixtures that react chemically to release energy required for their intended application. “Explosives”, “pyrotechnics” and “propellants” are subclasses of energetic materials.

ML8, 18   “Explosives”

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.

ML7   “Expression Vectors”

Carriers (e.g. plasmid or virus) used to introduce genetic material into host cells.

ML13   “Fibrous or filamentary materials”

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.

ML15   “First generation image intensifier tubes”

Electrostatically focused tubes, employing input and output fibre optic or glass face plates, multi-alkali photocathodes (S-20 or S-25), but not microchannel plate amplifiers.

ML 17   “Fuel cell”

An electrochemical device that converts chemical energy directly into Direct Current (DC) electricity by consuming fuel from an external source.

ML22   “In the public domain”

This means “technology” or “software” which has been made available without restrictions upon its further dissemination.

Note:

Copyright restrictions do not remove “technology” or “software” from being “in the public domain”.

ML9, 19   “Laser”

An assembly of components which produce both spatially and temporally coherent light that is amplified by stimulated emission of radiation.

ML10   “Lighter-than-air vehicles”

Balloons and airships that rely on hot air or on lighter-than-air gases such as helium or hydrogen for their lift.

ML17   “Nuclear reactor”

Includes 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 or come into direct contact with or control the primary coolant of the reactor core.

ML8   “Precursors”

Speciality chemicals used in the manufacture of explosives.

ML18, 21, 22   “Production”

Means all production stages, such as: product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance.

ML8   “Propellants”

Substances or mixtures that react chemically to produce large volumes of hot gases at controlled rates to perform mechanical work.

ML4, 8   “Pyrotechnic(s)”

Mixtures of solid or liquid fuels and oxidizers which, when ignited, undergo an energetic chemical reaction at a controlled rate intended to produce specific time delays, or quantities of heat, noise, smoke, visible light or infrared radiation. Pyrophorics are a subclass of pyrotechnics, which contain no oxidizers but ignite spontaneously on contact with air.

ML22   “Required”

As applied to “technology”, refers to only that portion of “technology” which is peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics or functions. Such “required”“technology” may be shared by different products.

ML7   “Riot control agents”

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. (Tear gases are a subset of “riot control agents”.)

ML17   “Robot”

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 the teach/playback method or by means of an electronic computer which may be a programmable logic controller, i.e. without mechanical intervention.

Note

The above definition does not include the following devices:

1.

Manipulation mechanisms which are only manually/teleoperator controllable;

2.

Fixed sequence manipulation mechanisms which are automated moving devices, operating according to mechanically fixed programmed motions. The programme is mechanically limited by fixed stops, such as pins or cams. The sequence of motions and the selection of paths or angles are not variable or changeable by mechanical, electronic or electrical means;

3.

Mechanically controlled variable sequence manipulation mechanisms which are automated moving devices, operating according to mechanically fixed programmed motions. The programme is mechanically limited by fixed, but adjustable, stops, such as pins or cams. The sequence of motions and the selection of paths or angles are variable within the fixed programme pattern. Variations or modifications of the programme pattern (e.g. changes of pins or exchanges of cams) in one or more motion axes are accomplished only through mechanical operations;

4.

Non-servo-controlled variable sequence manipulation mechanisms which are automated moving devices, operating according to mechanically fixed programmed motions. The programme is variable but the sequence proceeds only by the binary signal from mechanically fixed electrical binary devices or adjustable stops;

5.

Stacker cranes defined as Cartesian coordinate manipulator systems manufactured as an integral part of a vertical array of storage bins and designed to access the contents of those bins for storage or retrieval.

ML21   “Software”

A collection of one or more “programmes” or “microprogrammes” fixed in any tangible medium of expression.

ML11   “Spacecraft”

Active and passive satellites and space probes

ML19   “Space-qualified”

Designed, manufactured, or qualified through successful testing, for operation at altitudes greater than 100 km above the surface of the Earth.

Note

A determination that a specific item is “space- qualified” by virtue of testing does not mean that other items in the same production run or model series are “space-qualified” if not individually tested.

ML 20   “Superconductive”

Refers to 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).

“Critical temperature” (sometimes referred to as the transition temperature) of a specific “superconductive” material is the temperature at which the material loses all resistance to the flow of direct electrical current.

Technical Note

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.

ML22   “Technology”

Specific information necessary for the “development”, “production” or “use” of a product. The information takes the form of ‘technical data’ or ‘technical assistance’.

Technical Notes

1.

‘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.

2.

‘Technical assistance’ may take forms such as instruction, skills, training, working knowledge, consulting services. ‘Technical assistance’ may involve transfer of ‘technical data’.

ML 10   “Unmanned aerial vehicle” (“UAV”)

Any “aircraft” capable of initiating flight and sustaining controlled flight and navigation without any human presence on board.

ML21, 22   “Use”

Operation, installation (including on-site installation), maintenance (checking), repair, overhaul and refurbishing.’


DECISIONS

11.2.2014   

EN

Official Journal of the European Union

L 40/56


COUNCIL DECISION 2014/72/CFSP

of 10 February 2014

updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2013/395/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:

(1)

On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

(2)

On 25 July 2013, the Council adopted Decision 2013/395/CFSP (2) updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP.

(3)

In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to review at regular intervals the names of persons, groups and entities in the list to ensure that there are grounds for keeping them therein.

(4)

This Decision sets out the result of the review that the Council has carried out in respect of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

(5)

The Council has determined that there are no longer grounds for keeping a certain group in the list of persons, groups and entities to which Article 2, 3 and 4 of Common Position 2001/931/CFSP apply.

(6)

The Council has concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply have been involved in terrorist acts within the meaning of Article 1(2) and (3) of that Common Position, that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for therein.

(7)

The list of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should be updated accordingly, and Decision 2013/395/CFSP should be repealed,

HAS ADOPTED THIS DECISION:

Article 1

The list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply is set out in the Annex to this Decision.

Article 2

Decision 2013/395/CFSP is hereby repealed.

Article 3

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Brussels, 10 February 2014.

For the Council

The President

C. ASHTON


(1)  Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).

(2)  Council Decision 2013/395/CFSP of 25 July 2013 updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2012/765/CFSP (OJ L 201, 26.7.2013, p. 57).


ANNEX

List of persons, groups and entities referred to in Article 1

1.   PERSONS

1.

ABDOLLAHI Hamed (a.k.a. Mustafa Abdullahi), born August 11, 1960 in Iran. Passport No: D9004878.

2.

AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia.

3.

AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia.

4.

ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born March 6 or 15, 1955 in Iran. Iranian and US national. Passport No: C2002515 (Iran); passport No: 477845448 (USA). National ID No: 07442833, expiry date 15 March 2016 (USA driving licence).

5.

BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands) – member of the ‘Hofstadgroep’.

6.

FAHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’.

7.

IZZ-AL-DIN, Hasan (a.k.a. GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon.

8.

MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan. Passport No: 488555.

9.

SHAHLAI Abdul Reza (a.k.a. Abdol Reza Shala’i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla’i, a.k.a. Abdul-Reza Shahlaee, a.k.a.Hajj Yusef, a.k.a. Haji Yusif, a.k.a.Hajji Yasir, a.k.a.Hajji Yusif, a.k.a.Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran, (2) Mehran Military Base, Ilam Province, Iran.

10.

SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran.

11.

SOLEIMANI Qasem (a.k.a. Ghasem Soleymani, a.k.a. Qasmi Sulayman, a.k.a. Qasem Soleymani, a.k.a. Qasem Solaimani, a.k.a. Qasem Salimani, a.k.a. Qasem Solemani, a.k.a. Qasem Sulaimani, a.k.a. Qasem Sulemani), born March 11, 1957 in Iran. Iranian national. Passport No: 008827 (Iran Diplomatic), issued 1999. Title: Major General.

2.   GROUPS AND ENTITIES

1.

‘Abu Nidal Organisation’ – ‘ANO’ (a.k.a. ‘Fatah Revolutionary Council’, a.k.a. ‘Arab Revolutionary Brigades’, a.k.a. ‘Black September’, a.k.a. ‘Revolutionary Organisation of Socialist Muslims’).

2.

‘Al-Aqsa Martyrs’ Brigade’.

3.

‘Al-Aqsa e.V.’.

4.

‘Al-Takfir’ and ‘Al-Hijra’.

5.

‘Babbar Khalsa’.

6.

‘Communist Party of the Philippines’, including ‘New People’s Army’ – ‘NPA’, Philippines.

7.

‘Gama’a al-Islamiyya’ (a.k.a. ‘Al-Gama’a al-Islamiyya’) (‘Islamic Group’ – ‘IG’).

8.

İslami Büyük Doğu Akıncılar Cephesi’ – ‘IBDA-C’ (‘Great Islamic Eastern Warriors Front’).

9.

‘Hamas’, including ‘Hamas-Izz al-Din al-Qassem’.

10.

‘Hizballah Military Wing’ (a.k.a. ‘Hezbollah Military Wing’, a.k.a. ‘Hizbullah Military Wing’, a.k.a. ‘Hizbollah Military Wing’, a.k.a. ‘Hezballah Military Wing’, a.k.a. ‘Hisbollah Military Wing’, a.k.a. ‘Hizbu’llah Military Wing’, a.k.a. ‘Hizb Allah Military Wing’, a.k.a. ‘Jihad Council’ (and all units reporting to it, including the External Security Organisation)).

11.

‘Hizbul Mujahideen’ – ‘HM’.

12.

‘Hofstadgroep’.

13.

‘Holy Land Foundation for Relief and Development’.

14.

‘International Sikh Youth Federation’ – ‘ISYF’.

15.

‘Khalistan Zindabad Force’ – ‘KZF’.

16.

‘Kurdistan Workers’ Party’– ‘PKK’, (a.k.a. ‘KADEK’, a.k.a. ‘KONGRA-GEL’).

17.

‘Liberation Tigers of Tamil Eelam’ – ‘LTTE’.

18.

‘Ejército de Liberación Nacional’ (‘National Liberation Army’).

19.

‘Palestinian Islamic Jihad’ – ‘PIJ’.

20.

‘Popular Front for the Liberation of Palestine’ – ‘PFLP’.

21.

‘Popular Front for the Liberation of Palestine – General Command’ (a.k.a. ‘PFLP – General Command’).

22.

‘Fuerzas armadas revolucionarias de Colombia’ – ‘FARC’ (‘Revolutionary Armed Forces of Colombia’).

23.

‘Devrimci Halk Kurtuluș Partisi-Cephesi’ – ‘DHKP/C’ (a.k.a. ‘Devrimci Sol’ (‘Revolutionary Left’), a.k.a. ‘Dev Sol’) (‘Revolutionary People’s Liberation Army/Front/Party’).

24.

‘Sendero Luminoso’ – ‘SL’ (‘Shining Path’).

25.

‘Teyrbazen Azadiya Kurdistan’ – ‘TAK’ (a.k.a. ‘Kurdistan Freedom Falcons’, a.k.a. ‘Kurdistan Freedom Hawks’).


11.2.2014   

EN

Official Journal of the European Union

L 40/59


COUNCIL DECISION 2014/73/CFSP

of 10 February 2014

on a European Union military operation in the Central African Republic (EUFOR RCA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

In its Resolution 2127 (2013) on the situation in the Central African Republic (CAR), adopted on 5 December 2013, the United Nations Security Council (UNSC) expressed deep concern about the continuing deterioration of the security situation and the multiple and increasing violations of international humanitarian law and human rights in the CAR. Furthermore, it authorised the deployment of the African-led International Support Mission in the CAR (AFISM-CAR) for a period of twelve months and authorized the deployment of French forces in the CAR, for a temporary period, to take all necessary measures to support AFISM-CAR in the discharge of its mandate.

(2)

Following the Council conclusions of 21 October 2013 and of 16 December 2013, the European Council, in its conclusions of 20 December 2013, expressed its concern about the continuously deteriorating crisis in the CAR and its severe humanitarian and human rights consequences. It welcomed the French military intervention in support of the African forces to help restore security as well as the consistent commitment of its African partners to stabilize the situation. As part of a comprehensive approach, it confirmed the Union's willingness to examine the use of relevant instruments to contribute towards the efforts under way to stabilise the country, including under the Common Security and Defence Policy (CSDP), in both its military and civilian dimensions. It invited the High Representative of the Union for Foreign Affairs and Security Policy (HR) to present a proposal in this regard for a decision at the Council in January 2014.

(3)

On 20 January 2014, the Council approved a Crisis Management Concept for a military bridging CSDP operation in the CAR, (hereinafter referred to as ‘EUFOR RCA’), subject to a UNSC Resolution adopted under Chapter VII of the UN Charter. The Council stressed the importance of close cooperation with its partners, in particular the UN, the African Union (AU) and the CAR authorities, as well as with the French Operation Sangaris.

(4)

On 28 January 2014, the UNSC adopted Resolution 2134 (2014) authorising the establishment of an EU operation, EUFOR RCA.

(5)

On 23 January 2014, the Secretariat General of the Economic Community of Central African States (ECCAS) welcomed the establishment of an EU operation in the CAR.

(6)

On 24 January 2014, in a letter addressed to the HR, the interim President of the CAR welcomed the EU operation authorized by UNSC Resolution 2134 (2014).

(7)

EUFOR RCA should deploy as rapidly as possible to Full Operating Capability (FOC) in order to contribute to the stabilisation of the situation. It should conduct mandated tasks with a view to a handover to AFISM-CAR within four to six months from achieving FOC.

(8)

In accordance with Article 38 of the Treaty on European Union (TEU), the Political and Security Committee (PSC) is to exercise, under the responsibility of the Council and of the HR, political control over the crisis management operation, provide it with strategic direction and take the relevant decisions in that regard.

(9)

It is necessary to negotiate and conclude international agreements relating to the status of Union units and personnel and to the participation of third States in Union operations.

(10)

Pursuant to Article 41(2) TEU and in accordance with Council Decision 2011/871/CFSP (1), the operational expenditure arising from this Decision, which has military or defence implications, is to be borne by the Member States.

(11)

In accordance with Article 5 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision, is neither bound by it nor subject to its application and does not participate in the financing of this operation,

HAS ADOPTED THIS DECISION:

Article 1

Mission

1.   The Union shall conduct a military bridging operation in the CAR, EUFOR RCA, to contribute to the provision of a safe and secure environment, with a handover to the African-led International Support Mission in the CAR (AFISM-CAR) within four to six months of Full Operating Capability, in accordance with the mandate set out in UNSC Resolution 2134 (2014) and concentrating its action in the Bangui area.

2.   EUFOR RCA shall operate in accordance with the political, strategic, politico-military objectives set out in the Crisis Management Concept approved by the Council on 20 January 2014.

Article 2

Appointment of the EU Operation Commander

Major-General Philippe Pontiès is hereby appointed EU Operation Commander of EUFOR RCA.

Article 3

Designation of the EU Operation Headquarters

The Operation Headquarters of EUFOR RCA shall be located in Larissa, Greece.

Article 4

Planning and launch of the operation

1.   Rules of Engagement needed for the preparatory phase of EUFOR RCA shall be approved by the Council as soon as possible after the adoption of this Decision.

2.   The Decision to launch EUFOR RCA shall be adopted by the Council following approval of the Operation Plan and of the Rules of Engagement necessary for the execution of the mandate.

Article 5

Political control and strategic direction

1.   Under the responsibility of the Council and of the HR, the PSC shall exercise the political control and strategic direction of EUFOR RCA. The Council hereby authorises the PSC to take the relevant decisions in accordance with Article 38 of the TEU. This authorisation shall include the powers to amend the planning documents, including the Operations Plan, the Chain of Command and the Rules of Engagement. It shall also include the powers to take decisions on the appointment of the EU Operation Commander and the EU Force Commander. The powers of decision with respect to the objectives and termination of the EU military operation shall remain vested in the Council.

2.   The PSC shall report to the Council at regular intervals.

3.   The chairman of the EU Military Committee (EUMC) shall, at regular intervals, report to the PSC on the conduct of EUFOR RCA. The PSC may invite the EU Operation Commander or the EU Force Commander to its meetings, as appropriate.

4.   The PSC shall assess the progress of EUFOR RCA three months after the launch of the Operation, on the basis of a written report.

Article 6

Military direction

1.   The EUMC shall monitor the proper execution of EUFOR RCA conducted under the responsibility of the EU Operation Commander.

2.   The EU Operation Commander shall, at regular intervals, report to the EUMC. The EUMC may invite the EU Operation Commander or the EU Force Commander to its meetings, as appropriate.

3.   The chairman of the EUMC shall act as the primary point of contact with the EU Operation Commander.

Article 7

Consistency of the Union's response and coordination

1.   The HR shall ensure the implementation of this Decision and its consistency with the Union's external action as a whole, including the Union's development programmes and its humanitarian assistance.

2.   Without prejudice to the chain of command, the EU Operation Commander shall receive local political guidance from the Head of the EU Delegation in Bangui.

3.   The HR, assisted by the European External Action Service (EEAS), shall act as the primary point of contact with the United Nations, the CAR authorities and neighbouring countries, the AU, the ECCAS, as well as with other relevant international and bilateral actors.

4.   The coordination arrangements between the EU Operation Commander, Union actors and local key strategic partners relevant to the operation shall be defined in the operational planning document.

Article 8

Participation by third States

1.   Without prejudice to the Union's decision-making autonomy or to the single institutional framework, and in accordance with the relevant guidelines of the European Council, third States may be invited to participate in the operation.

2.   The Council hereby authorises the PSC to invite third States to offer contributions and to take the relevant decisions on acceptance of the proposed contributions, upon the recommendation of the EU Operations Commander and the EUMC.

3.   Detailed arrangements for the participation by third States shall be the subject of agreements concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union (TFEU). Where the Union and a third State have concluded an agreement establishing a framework for the latter's participation in crisis management missions of the Union, the provisions of such an agreement shall apply in the context of EUFOR RCA.

4.   Third States making significant military contributions to EUFOR RCA shall have the same rights and obligations in terms of day-to-day management of the operation as Member States taking part in the operation.

5.   The Council hereby authorises the PSC to take relevant decisions on the setting-up of a Committee of Contributors, should third States provide significant military contributions.

Article 9

Status of Union-led personnel

The status of Union-led units and personnel, including the privileges, immunities and further guarantees necessary for the fulfilment and smooth functioning of their mission, shall be the subject of an agreement concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 TFEU.

Article 10

Financial arrangements

1.   The common costs of the EU military operation shall be administered in accordance with Decision 2011/871/CFSP.

2.   The financial reference amount for the common costs of EUFOR RCA shall be EUR 25,9 million. The percentage of the reference amount referred to in Article 25(1) of Decision 2011/871/CFSP shall be 50 %.

Article 11

Release of information

1.   The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of EUFOR RCA, EU classified information generated for the purposes of the operation, in accordance with Council Decision 2013/488/EU (2), as follows:

(a)

up to the level provided in the applicable Security of Information Agreements concluded between the Union and the third State concerned; or

(b)

up to the ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ level in other cases.

2.   The HR shall also be authorised to release to the UN and the AU, in accordance with the operational needs of EUFOR RCA, EU classified information up to ‘RESTREINT UE/ EU RESTRICTED’ level which are generated for the purposes of EUFOR RCA, in accordance with Decision 2013/488/EU. Arrangements between the HR and the competent authorities of UN and AU shall be drawn up for this purpose.

3.   In the event of a specific and immediate operational need, the HR shall also be authorised to release to the host State any EU classified information up to ‘RESTREINT UE /EU RESTRICTED’ level which is generated for the purposes of the Operation, in accordance with Decision 2013/488/EU. Arrangements between the HR and the competent authorities of the host State shall be drawn up for that purpose.

4.   The HR shall be authorised to release to the third States associated with this Decision any EU non-classified documents connected with the deliberations of the Council relating to the Operation and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (3).

5.   The HR may delegate such authorisations, as well as the ability to conclude the arrangements referred to in this Article to EEAS officials, to the EU Operation Commander or to the EU Force Commander in accordance with section VII of Annex VI to Decision 2013/488/EU.

Article 12

Entry into force and termination

1.   This Decision shall enter into force on the date of its adoption.

2.   EUFOR RCA shall end no later than six months after having reached FOC.

3.   This Decision shall be repealed as from the date of closure of the EU Operation Headquarters in accordance with the plans approved for the termination of EUFOR RCA, and without prejudice to the procedures regarding the audit and presentation of the accounts of EUFOR RCA, laid down in Decision 2011/871/CFSP.

Done at Brussels, 10 February 2014.

For the Council

The President

C. ASHTON


(1)  Council Decision 2011/871/CFSP of 19 December 2011 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (OJ L 343, 23.12.2011, p. 35).

(2)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).

(3)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).


11.2.2014   

EN

Official Journal of the European Union

L 40/63


COUNCIL DECISION 2014/74/CFSP

of 10 February 2014

amending Decision 2013/255/CFSP concerning restrictive measures against Syria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1),

Whereas:

(1)

On 31 May 2013, the Council adopted Decision 2013/255/CFSP.

(2)

It is necessary to introduce in Decision 2013/255/CFSP an exemption from the asset freeze to allow the release of funds and economic resources of the Central Bank of Syria and of Syrian State-owned entities in order to make payments on behalf of the Syrian Arab Republic to the Organization for the Prohibition of Chemical Weapons (OPCW) for activities related to the OPCW verification mission and the destruction of Syrian chemical weapons, and in particular to the OPCW Syrian Special Trust Fund for activities related to the complete destruction of Syrian chemical weapons outside the territory of the Syrian Arab Republic.

(3)

Further action by the Union is needed in order to implement certain measures.

(4)

Decision 2013/255/CFSP should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

In Article 28(3) of Decision 2013/255/CFSP, the following point is added:

‘(h)

intended for the Central Bank of Syria or Syrian State-owned entities, as listed in Annex I and II, to make payments on behalf of the Syrian Arab Republic to the OPCW for activities related to the OPCW verification mission and the destruction of Syrian chemical weapons, and in particular to the OPCW Syrian Special Trust Fund for activities related to the complete destruction of Syrian chemical weapons outside the territory of the Syrian Arab Republic.’.

Article 2

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Brussels, 10 February 2014.

For the Council

The President

C. ASHTON


(1)  OJ L 147, 1.6.2013, p. 14.