Council Regulation (EU) No 264/2012Show full title

ANNEX III

The following text shall be added as Annex IV to Regulation (EU) No 359/2011:

“"ANNEX IV Equipment, technology and software referred to in Articles 1b and 1c

General Note

Notwithstanding the contents of this Annex, it shall not apply to:

(a)

equipment, technology or software which are specified in Annex I to Council Regulation (EC) 428/2009(1) or the Common Military List; or

(b)

software which is designed for installation by the user without further substantial support by the supplier and which is generally available to the public by being sold from stock at retail selling points, without restriction, by means of:

(i)

over the counter transactions;

(ii)

mail order transactions;

(iii)

electronic transactions; or

(iv)

telephone order transactions; or

(c)

software which is in the public domain.

The categories A, B, C, D and E refer to the categories referred to in Regulation (EC) No 428/2009.

The 'equipment, technology and software' referred to in Article 1b is:

A.

List of equipment

• Deep Packet Inspection equipment

• Network Interception equipment including Interception Management Equipment (IMS) and Data Retention Link Intelligence equipment

• Radio Frequency monitoring equipment

• Network and Satellite jamming equipment

• Remote Infection equipment

• Speaker recognition/processing equipment

• IMSI(2), MSISDN(3), IMEI(4), TMSI(5) interception and monitoring equipment

• Tactical SMS(6) /GSM(7) /GPS(8) /GPRS(9) /UMTS(10) /CDMA(11) /PSTN(12) interception and monitoring equipment

• DHCP(13) /SMTP(14), GTP(15) information interception and monitoring equipment

• Pattern Recognition and Pattern Profiling equipment

• Remote Forensics equipment

• Semantic Processing Engine equipment

• WEP and WPA code breaking equipment

• Interception equipment for VoIP proprietary and standard protocol

B.

Not used

C.

Not used

D.

"Software" for the "development", "production" or "use" of the equipment specified in A above.

E.

"Technology" for the "development", "production" or "use" of the equipment specified in A above.

Equipment, technology and software falling within these categories is within the scope of this Annex only to the extent that it falls within the general description 'internet, telephone and satellite communications interception and monitoring systems'.

For the purpose of this Annex 'monitoring' means acquisition, extraction, decoding, recording, processing, analysis and archiving call content or network data.".”

(1)

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-use items (OJ L 134, 29.5.2009, p. 1).

(2)

IMSI stands for International Mobile Subscriber Identity. It is a unique identification code for each mobile telephony device, integrated in the SIM card and which allows identification of such SIM via GSM and UMTS networks.

(3)

MSISDN stands for Mobile Subscriber Integrated Services Digital Network Number. It is a number uniquely identifying a subscription in a GSM or a UMTS mobile network. Simply put, it is the telephone number to the SIM card in a mobile phone and therefore it identifies a mobile subscriber as well as IMSI, but to route calls through him.

(4)

IMEI stands for International Mobile Equipment Identity. It is a number, usually unique to identify GSM, WCDMA and IDEN mobile phones as well as some satellite phones. It is usually found printed inside the battery compartment of the phone. interception (wiretapping) can be specified by its IMEI number as well as IMSI and MSISDN.

(5)

TMSI stands for Temporary Mobile Subscriber Identity. It is the identity that is most commonly sent between the mobile and the network.

(6)

SMS stands for Short Message System.

(7)

GSM stands for Global System for Mobile Communications.

(8)

GPS stands for Global Positioning System.

(9)

GPRS stands for General Package Radio Service.

(10)

UMTS stands for Universal Mobile Telecommunication System.

(11)

CDMA stands for Code Division Multiple Access.

(12)

PSTN stands for Public Switch Telephone Networks.

(13)

DHCP stands for Dynamic Host Configuration Protocol.

(14)

SMTP stands for Simple Mail Transfer Protocol.

(15)

GTP stands for GPRS Tunnelling Protocol.