Contents of the regulation
paragraph 1 of this regulation are regulations on such control
of dual-use items and control of
technical assistance as set out in Council Regulation (EC) no
428/2009 of 5 May 2009 setting up a
Community regime for the control of exports, transfer,
brokering and transit of dual-
uses (recast version) and the Act (2000:1064) if
control of dual-use items and the
technical assistance. Regulation (2009:1074).
Definitions
paragraph 2 of this regulation,
natural uranium means uranium containing the mixture of isotopes
occurring in nature,
depleted uranium: uranium in which the concentration of uranium-235 is lower
than in natural uranium,
enriched uranium: uranium in which the concentration of uranium-235 is higher
than in natural uranium.
Indications of this regulation have the same meaning as in
Council Regulation (EC) no 428/2009. Regulation (2009:1074).
Various forms of State
section 3 of the National authorisation can be given, except that an individual
authorisation in accordance with Council Regulation (EC) no 428/2009, as a
global permission to export or transfer within the
The European Community.
National State can also be given as a general condition
to export under the same regulation. Regulation (2009:1074).
section 4 of the Inspectorate for strategic products, announce
regulations
1. If the general authorisation pursuant to article 6(2) of Council
Regulation (EC) No 1334/2000, and
2. If the authorisation to such transfer within the European
the Community referred to in article 21 (2) (a) of the same regulation.
Products which require a permit for entry
paragraph 5 of the Inspectorate for strategic products, announce
regulations requiring authorisation for importation of chemical
precursors (substances) that can be used for the production of
chemical warfare agents.
Who hears questions about permits and prohibitions
section 6 of the National Inspectorate of strategic products, try the questions about
permissions and prohibitions pursuant to Council Regulation (EC) no
428/2009, except in cases referred to in the second subparagraph, or
in paragraph 7 of the first-third paragraph.
Inspection, with own opinion turn over a case to
the Government's review, if the matter has fundamental importance
or otherwise is of particular importance. Regulation (2009:1074).
section 7 of the radiation safety authority hears questions about permission to
export, transit services or to transfer within the
European Community of nuclear substances and materials etc. which
in Annex i to Council Regulation (EC) no 428/2009 and
of category 0.
The Swedish radiation safety authority also issues concerning the prohibition
the transit of nuclear substances and materials, etc. that are in
Annex I to Council Regulation (EC) no 428/2009 of
category 0.
The Swedish radiation safety authority, with own opinion turn over
the matter to the Government's review, if the export,
relay service or transfer within the European
the community is intended for a receiver in a State which has not
-a bilateral agreement with Sweden on cooperation in non-
distribution issues in the nuclear field, or
-in a special declaration to the International
Atomic Energy Agency (IAEA) Director-General committed to
apply the rules on the control of material and equipment
accommodation, as agreed within the Nuclear Suppliers Group
(NSG) and that NSG has informed the IAEA Member States if
through information circular INFCIRC 254.
The Swedish radiation safety authority is trying, despite the provision in the third
paragraph, questions about permission to export, transit services
or to transfer within the European Community in the
applies to uranium, plutonium or thorium in pure form or in the form
by alloy, compound or mixture, if the amount of
1. not more than 10 kilograms of enriched uranium that contains
no more than five per cent of the isotope uranium-235,
2. do not exceed 100 grams of enriched uranium containing more
than five per cent of the isotope uranium-235,
3. not more than 10 g of uranium-233,
4. not more than 10 grams of plutonium,
5. not more than 50 kilograms of natural or isotope
depleted uranium, or uranium 235
6. do not exceed 50 kg of thorium.
Regulation (2009:1074).
Application for permit
section 8 application for a licence pursuant to Council Regulation (EC) no
428/2009, Act (2000:1064) on control of products with
dual-use items and technical assistance or
regulations issued under this Regulation shall be submitted
to the National Inspectorate of strategic products, except in
cases referred to in paragraph 8.
The inspection may provide for the information
the application should contain. Regulation (2009:1074).
8 a of the application for authorization to export, transit services
or to transfer within the European Community of nuclear materials
and materials etc. which is contained in annex I to Council regulation
(EC) no 428/2009 and of category 0 shall be submitted to
The Swedish radiation safety authority.
The Swedish radiation safety authority may provide for the
data application should contain.
An application for authorization to export, transit services, or
to transfer within the European Community by Council
Regulation (EC) no 428/2009 of spent nuclear fuel,
include information on how the data terminal should be
care.
Concerning spent nuclear fuel originating from a nuclear
operations in Sweden, the application shall also contain a declaration
to the party that places the material will take back the material,
If it is not taken care of properly.
Regulation (2009:1074).
The notification to the customs service
section 9 Export and transmission within the European Community of the
dual-use items subject
on licence pursuant to Council Regulation (EC) no 428/2009
be notified to the customs service during Monday? Friday and last
48 hours prior to export or transfer is scheduled to
implemented. The part of the period which falls under Saturday,
Sunday or other public holiday shall not be included in the period.
The notification obligation referred to in the first subparagraph shall not apply
export or transfer that takes place in such form as referred to in
Article 2 (2) (iii) of the same regulation.
Customs Service may, in individual cases, grant derogations from the first
subparagraph, if there are special reasons for it.
Regulation (2009:1074).
section 10/expires U: 2016-05-01/
Notification under section 9 does not need to be conducted, if
1. export or transfer as specified in
the State intends
a) products which are exported or transferred for repair,
review or any other similar action and to
reinstated,
b) products after repair, overhaul or any other
similar action again leaving;
c) products which are exported or transferred for demonstration,
loan or processing and to reinstate, in the
so far as they are not consumed,
d) products for demonstration, loan or processing
Re leaving;
e) products which are returned for warranty claim, wrong delivery
or any other similar reasons, or
f) biological agents, or
2. global permission under section 3(1) or
generally,
the export licence referred to in annex II to Council Regulation (EC)
No 428/2009 or 4 § 1 has been issued for export or
the transfer.
The provisions of the third paragraph of section 9 and section 10, first subparagraph
means no exception-declaration obligation under
Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the
Community customs code or from
the notification requirement under the Act (1996:701) about Swedish Customs '
powers at the Swedish border with another country in
The European Union.
In cases where general export authorisations in accordance with annex II to
Council Regulation (EC) no 428/2009 or 4 § 1 has been issued
the authorisation shall be invoked in the customs declaration of export.
Regulation (2009:1074).
section 10/entry into force: 2016-05-01/
Notification under section 9 does not need to be conducted, if
1. export or transfer as set out in the permit relating to a) products which are exported or transferred for repair, overhaul or any other similar action and that is to be reinstated,
b) products after repair, overhaul, or some other similar measure again leaving;
c) products which are exported or transferred for demonstration, loan processing, and to reinstate, in so far as they are not consumed,
d) products for demonstration, loan or processing again leaving;
e) products which are returned for warranty claim, wrong delivery or by any other similar reasons, or
f) biological agents, or
2. global permission under section 3(1) or general export authorisations in accordance with annex II to Council Regulation (EC) no 428/2009 or 4 § 1 has been issued for export or transfer.
The provisions of the third paragraph of section 9 and section 10 first paragraph means no exception-declaration obligation under European Parliament and Council Regulation (EC) no 952/2013 of 9 October 2013, laying down the Community Customs Union or from the notification requirement under the Act (1996:701) about Swedish Customs ' powers at the Swedish border with another country within the European Union.
In cases where general export authorisations in accordance with annex II to Council Regulation (EC) no 428/2009 or 4 § 1 has been issued, the licence invoked in the customs declaration of export.
Regulation (2016:296).
section 11 of the Customs and Excise Department may announce details relating to the
information to be provided in connection with the registration of export
or transfer in accordance with section 9.
Exemption from the prohibition to provide technical assistance
section 12 of the prohibition laid down in article 9 of the Act (2000:1064) concerning the inspection of products
dual-use items and technical assistance to
provide technical assistance do not apply,
1. when technical assistance is provided in a country that is
listed in part 3 of annex II to Council Regulation (EC) no
428/2009,
2. when the technical assistance consists of the transfer of
information that is publicly available or is
basic scientific research,
3. when the technical assistance be submitted orally and not related
to such dual-use items which
included in annex I to that regulation,
4. when technical assistance is provided by the Swedish authorities
in international cooperation concerning research on
protection and countermeasures against weapons of mass destruction, or
5. when the technical assistance provided in connection with operations
for which a permit under the Act (1992:1300) of munitions
exists. Regulation (2009:1074).
section 13 Has been repealed by Regulation (2008:891).
section 14 A declaration pursuant to section 13 of the Act (2000:1064) concerning control
of dual-use items and technical
assistance shall be submitted to the Inspectorate for strategic
products.
Inspectorate for strategic products, announce the closer
regulations regarding the Declaration obligation.
Supervision
section 15 of the supervision referred to in section 15 of the Act (2000:1064) concerning control
of dual-use items and technical
assistance shall be exercised by the Swedish radiation safety authority when it comes to
nuclear substances and materials, etc., contained in annex I to Council
Regulation (EC) no 428/2009 and of category 0.
In other cases, supervision is exercised by the Inspectorate for
strategic products. Regulation (2009:1074).