32000D0402

Council Decision

of 22 June 2000

repealing Decision 94/942/CFSP on the joint action concerning the control of exports of dual-use goods

(2000/402/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 13 thereof,

Whereas:

(1) On 19 December 1994 the Council adopted Decision 94/942/CFSP(1) on a joint action concerning the control of exports of dual-use goods, as part of a combined system of dual-use export controls, which included Council Regulation (EC) No 3381/94 of 19 December 1994 setting up a Community regime for the control of exports of dual-use goods(2).

(2) On the basis of a review pursuant to Article 19(5) of Regulation (EC) No 3381/94 and taking into account the case-law of the Court of Justice of the European Communities(3), it has been determined that such system should be based solely on a European Community act.

(3) On 22 June 2000 the Council adopted Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology(4).

(4) It is therefore appropriate to repeal decision 94/942/CFSP,

HAS DECIDED AS FOLLOWS:

Article 1

Decision 94/942/CFSP is hereby repealed. However, for export authorisation applications made before the date of entry into force of Regulation (EC) No 1334/2000 the relevant provisions of Decision 94/942/CFSP shall continue to apply.

Article 2

This Decision shall be published in the Official Journal.

Article 3

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

Done at Luxemburg, 22 June 2000.

For the Council

The President

J. Sócrates

(1) OJ L 367, 31.12.1994, p. 8. Decision as last amended by Decision 2000/243/CFSP (OJ L 82, 1.4.2000, p. 1).

(2) OJ L 367, 31.12.1994, p. 1. Regulation as amended by Regulation (EC) No 837/95 (OJ L 90, 21.4.1995, p. 1).

(3) Judgments C-70/94 ([1995] ECR I-3189) and C-83/94 ([1995] ECR I-3231) of 17 October 1995, and C-124/95 ([1997] ECR I-81) of 14 January 1997.

(4) See page 1 of this Official Journal.