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Regulation (2000:1217) On The Control Of Dual-Use Items And Technical Assistance

Original Language Title: Förordning (2000:1217) om kontroll av produkter med dubbla användningsområden och av tekniskt bistånd

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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).