The European Commission has now published (document C(2024) 6093 of 5 September 2024) the draft Commission delegated regulation amending the EU Dual-Use List. This draft will now enter the legislative process and should enter into force later this year, once it will be published in the EU Official Journal.
Dual-use items are products, software and technology which have potential use in civil and military applications. They are therefore controlled, meaning need a Government license for their export, and sometimes also their transfer within the EU.
Below is a detailed breakdown of the changes to the list:
Part I, General Notes, Acronyms and Abbreviations, and Definitions
One new acronym will be : AIP = Air Independent Propulsion
New definitions appear at two places :
“Charge multiplication” means a form of electronic image amplification defined as the generation of charge carriers as a result of an impact ionization gain process. “Charge multiplication” sensors may take the form of an image intensifier tune, solid state detector or “focal plane array”.
“High output diesel engines” means diesel engines with a specified brake mean effective pressure of 1,8 MPa or more at a speed of 2 300 r.p.m., provided the rated speed id 2 300 r.p.m. or more.
The definition of “insulation” has deleted in the Definitions part, but reappears in a Note to code 9C108.
Cat. 0 Nuclear Materials, Facilities and Equipment
In code 0B004, plants for the production of heavy water, deuterium or deuterium compounds now also include combined electrolysis and catalytic exchange (CECE) plants, combined industrial reforming and catalytic exchange (CIRCE) plants and bithermal hydrogen-water exchange (BHW) plants (under code 0B004.a.3. to a.5.).
Single stage, low head centrifugal blowers or compressors for hydrogen sulphide gas circulation will in the future only fulfill the criteria in code 0B004.b.2. if their throughout capacity is greater than or equal to 5 m3/s. In the current text, this threshold was 56 m3/s.
Ammonia-hydrogen exchange towers greater than or equal to 35 m in height will fulfill the conditions of code 0B004.b.3. only if their diameter is 1,5 m or greater. In the current text, this criterion was a diameter of 1,5 m to 2,5 m.
Infrared absorption analyses capable of on-line hydrogen/deuterium ratio analysis where deuterium concentrations are equal or greater than 90 % by weight, now listed under code 0B004.b.6., will be de-listed.
The description of complete heavy water upgrade systems, referred to in code 0B004.b.8., will be detailed, and include in the future “complete heavy water upgrade systems, or columns with diameters of 0,1 m or greater therefore, for the upgrade of heavy water to reactor-grade deuterium concentration”.
Complete columns or towers specially designed or prepared for hydrogen isotope exchange will be added to the control list under 0B004.b.10.. The conditions to fulfill here are that these items must be packed with random or structured wet-proofed platinized catalysts, be constructed or carbon steel or stainless steel, be capable of operating with pressure in the range of 0.1 to 4 MPa, and be capable of operating at temperatures in the range of 293 K (20°C) to 473 K (200°C).
Cat. 1 Special Materials and Related Equipment
1A202 deals with composite structures which are not designed for space launch vehicles or sounding rockets. Until now, they were listed in the dual-use list if they were in the form of tubes, had an inside diameter of 75 to 400 mm and were made with certain fibrous or filamentary materials or with carbon prepreg materials. With the 2024 amendment, they will only fall under 1A202 if the tubes are thin-walled with a thickness of 12 mm or less, and if their diameter is between 75 and 650 mm.
Code 1A225 is getting more precise and receives a technical note. It deals with platinized catalysts specially designed or prepared for promoting the hydrogen isotope exchange reaction between hydrogen and water for the recovery of tritium or for the production of heavy water. It now refers to wet-proofed platinized catalysts, which can also be used to upgrade heavy water.
1B001 deals in the general heading with equipment for the production or inspection of composite structures or laminated or fibrous or filamentary materials. The new heading deletes the wording “or inspection” and adds “designed” after “equipment”.
In code 1B001.d., “modified” replaces the word “adapted”.
A technical note is added to code 1B001.e. that deals with equipment for the production of prepregs by the hot melt method. The note defines this method by indicating that it is the process of applying pressure and heat to impregnate fibrous or filamentary materials with resin that has been pre-laminated onto a carrier substrate, such as film or paper.
1B228 modifies the characteristics of hydrogen-cryogenic distillation columns. To be listed as dual-use items, they will need to be designed for operation with internal temperatures in the range of -258°C to -238°C (formerly, anything less than -238°C) and at internal pressures in the range of 0.1 MPa to 1 MPA (formerly, 0.5 to 5 MPa). Also, their construction must be either of austenitic stainless steel (formerly, of stainless steel of the SAE 300 series with low sulphur content and with an austenitic ASTM or equivalent standard grain size number of 5 or greater), or equivalent materials which are both cryogenic and hydrogen compatible between -258°C and -238°C. A new Technical Note explains that such equivalent materials could include, but are not limited to, aluminium, aluminium alloys, copper alloys, nickel alloys and titanium alloys.
Code 1C011 related to metals and compounds is now integrating Iodine pentafluoride (CAS 7783-66-6) under the new point 1C011.e..
1C350 deals with chemicals which may be used as precursors for toxic chemical agent and with chemical mixtures. A new item on the list (under number 90) is Dipropylamine (CAS 142-84-7).
1C351 (about human and animal pathogens and toxins) also integrates a new chemical: Neosaxitoxin (NEO).
Cat. 2 Materials Processing
Code 2B116.a. receives Technical Note, that explains what is to be understood by “vibration test systems incorporating a digital controller”. These are systems, the functions of which are, partly or entirely, automatically controlled by stored and digitally coded electrical signals.
In code 2B116.d., the word “vibration” is put before “systems specified in 2B116.a.”.
A new Technical Note is added to 2B351 dealing with toxic gas monitors and monitoring systems and their dedicated detecting components. It defines the “minimal detection limit” of such monitors or monitoring systems as being “the lowest detectable concentration of the analyte required to produce a signal greater than three times the standard deviation of the toxic gas monitor’s or monitoring system’s signal when measuring a blank sample”. In the case of toxic gas monitors or monitoring systems having a deadband or programmed zero suppression, the minimum detection limit is the lowest detectable concentration required to produce a reading.
Cat. 3 Electronics
In 3A001.b.7., which deals with converters and harmonic mixers, the conditions are modified. To be listed, these items need in the future to:
- be designed to extend the frequency range of signal analysers beyond 110 GHz (formerly, 90 GHz); or
- be designed to extend the operating range of signal generators beyond 110 GHz and to an output power greater than 100mW (20 dBm) anywhere within the frequency range not exceeding 110 GHz (formerly, 90 GHz); or
- be designed to extend the operating range of network analysers beyond 110 GHz and to an output power greater than 100 mW (20 dBm) (formerly, 15 dBm) anywhere within the frequency range exceeding 43,5 GHz but not exceeding 110 GHz (formerly, 90 GHz).
The technical description of signal analysers in code 3A002.c. is also modified. When referring to the Displayed Average Noise Level (DANL), the threshold is set to “less (better) than -160 dBM/Hz” (formerly, -150 dBm/Hz) anywhere within the frequency range exceeding 43,5 GHz but not exceeding 110 GHz (before, this was 90 GHz). When referring to the frequency, the threshold is again set at “exceeding 110 GHz” (formerly, 90 GHz). When referring to the real-time bandwidth, the threshold is set at “exceeding 520 MHz” (formerly, 170 MHz). When calculating the probability of discovery or trigger (capture), the duration is set respectively at 8 us (formerly 15 us).
About signal generators (code 3A002.d.), the Technical Note to define the technical term “pulse duration” (as being the time interval from the point on the leading edge that is 50% of the pulse amplitude to the point on the trailing edge that is 50% of the pulse amplitude) is added under point 3A002.d.1.a.. and disappears under point 3A002.d.6.. The threshold of the output power within the frequency range is set to 110Ghz (formerly, 90 GHz) in point 3A002.d.2.. In point 3A002.d.3.g., the threshold of the frequency switching time is specified to be “not exceeding 110 GHz” (formerly 90 GHz). The same is for the single sideband (SSB) phase noise (point 3A002.d.4.), where the threshold is also raised to 110 GHz (formerly 90 GHz), and the same for the RF modulation bandwidth (point 3A002.d.5.d.) and the maximum frequency (point 3A002.d.6.)
The technical description of network analysers (3A002.e.) is also modified, as the output power threshold is set to “exceeding 100 mW (20 dBm)” (formerly, 15 dBm) and frequency range threshold is raised to “exceeding 110 GHz” (formerly, 90 GHz). The condition under point 3A002.e.2. is deleted.
In code 3C003 (about organo-inorganic compounds) and 3C004 (hydrides of phosphorus, arsenic or antimony), the term “better” is replaced by “greater (better)”.
Cat. 5 Telecommunications and Information Security
In 5A001.b.2.b. (related to telecommunication systems), the term “better” is replaced by “less (better)”.
In code 5A002.a. the condition related to information security systems, equipment and components is modified. It still refers to items that are designed or modified to use cryptography for data confidentiality having a described security algorithm, but has deleted the specification that the cryptographic capability is usable, has been activated or can be activated by any means other than secure cryptographic activation (this is now referred to in Technical Notes).
Technical Note 1 about the definition of “cryptography for data confidentiality” is amended and this definition now excludes the cases where the function is related to wireless personal area networks functionality, banking use or money transactions.
Technical Note 2 which defines “described security algorithm”, sees also some slight amendments in Notes 1 and 2.
In 5A101, the term “navigation satellite system services” replaces “GNSS services” while speaking about the exceptions to telemetry and telecontrol equipment.
Software listed in 5D001.e. relates to software specially designed or modified for monitoring or analysis for law enforcement purposes (formerly “by law enforcement”). In the condition in subpoint 5D001.e.2., it is now specified that, to be listed, this software must provide, not only a mapping of the relation network or tracking the movement, but may also provide the location of targeted individuals.
Cat. 6 Sensors and Lasers
Code 6A001 “Acoustic systems, equipment and components” is modified under:
- subpoint 6A001.a.1.a. (surface vessel survey equipment designed for seabed topographic mapping), where the reference to the measurements taken at an angle of “exceeding +- 20° from the vertical” is modified into “exceeding 20° from the vertical”;
- subpoint 6A001.a.1.d., where the wording “underwater vehicles” is changed to “submersive vehicles”;
- subpoint 6A001.a.1.2.e.a.4. and 6A001.a.1.2.e.a.6., where, about the hydrophone sensitivity, the words “better than” are replaced by “”greater (better) than”;
- subpoint 6A001.a.2.d., where, about the accuracy of heading sensors, the words “better than” are replaced by “less (better) than”;
- subpoint 6A001.a.2.g.2., where, about the overall acceleration sensitivity pf accelerometer-based hydro-acoustic sensors, the words “better than” are replaced by “”greater (better) than”;
- subpoint 6A001.b.1. and b.2., where, about the accuracy of correlation-velocity sonar log equipment, the words “better than” are replaced by “less (better) than”;
The Technical Note (defining “charge multiplication”) under point 6A002.a.2. (image intensifier tubes) has been deleted. Its content is now inserted into the Definitions section of the list.
In code 6A003.a.3. (about the temporal resolution of electronic streak cameras), the words “better than” are replaced by “less (better) than”.
In code 6A006.a. (magnetometers and subsystems), the words (lower (better) than” have been replaced six times (subpoints a.1., a.2., a.3., a.4. and a.5.) by “less (better) than”. The same one time in 6A006.b. (underwater electric field sensors) and two times in 6A006.c. (magnetic gradiometers).
In 6B004.a. (optical equipment), the words “better than” have been replaced by “less (better) than”.
In 6E003.a.2. (technology for the fabrication of optics), the words “better than” have been replaced by “less (better) than”.
Cat. 7 Navigation and Avionics
In 7A, the reference to “underwater vehicles” has been replaced by “submersible vehicles”.
In 7A003.b., the Technical Note has been slightly modified.
In 7A105, the Technical Note 2 (about the definition of “navigation satellite system”) has been converted to a Note 2 under 7A105.
Cat. 8 Marine
In code 8A002.d., the words “underwater vehicle” have been replaced by “submersible vehicle”.
Code 8A002.o. about propellers, power transmission systems, power generation systems and noise reduction systems, now also adds related equipment. In subpoint 8A002.o.2.d., the wording has been modified and now refers to “power transmission systems incorporating “composite” shafts and designed to transmit power exceeding 10 MW”. This last threshold was previously 2 MW.
Cat. 9 Aerospace and Propulsion
In 9A006 (systems and components specially designed for liquid rocket propulsion systems), subpoint 9A006.a. has been modified. It now refers to “cryogenic refrigerators, flightweight dewars, cryogenic heat pipes or cryogenic systems, designed to restrict cryogenic fluid losses to less than 30% per year”. The wording “specially designed for use in space vehicles and capable of restricting cryogenic fluid losses” was previously applicable.
Subpoint 9A006.b. has also been modified. It refers to cryogenic containers or closed-cycle refrigeration systems and replaced the wording “capable of providing temperatures of 100 K (-173°C) or less for aircraft capable of sustained flight at speed exceeding Mach 3, launch vehicles or spacecraft” by “designed to maintain to maintain or produce temperatures less than or equal to 100 K (-173,15°C)”.
Code 9A108.a. (about rocket motor cases and insulation components therefor) is completed by a new note (that was a definition in the 2023 version) specifying that insulation intended to be applied to the components of a rocket motor, i.e. the case, nozzle inlets, case closures, includes cured or semi-cured compound rubber components comprising sheet stock containing an insulating or refractory material, and may also be incorporated as stress relief boots or flaps.
In code 9A121 (about umbilical and interstage electrical connectors specially designed for missiles, space launch vehicles or sounding rockets), the Technical Note is converted into a simple Note.
In 9B105 (aerodynamic test facilities for speed of Mach 0,9 or more, usable for missiles and their subsystems), Technical Note 1 (about aerodynamic test facilities) is converted into Note 1 (the previous Note becoming Note 2).
In 9B107, Technical Notes are converted into Notes.
Code 9C108 (insulation material in bulk form and interior lining) is completed by a Note precising the term “insulation”. This was a definition under the 2023 version.