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 (Recast) (c. 428)

[F1 ANNEX I U.K.

Textual Amendments

F1 Substituted by Commission Delegated Regulation (EU) 2020/1749 of 7 October 2020 amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.

CATEGORY 0 – NUCLEAR MATERIALS, FACILITIES, AND EQUIPMENT U.K.

[0C] Materials U.K.

[0C001] "Natural uranium" or "depleted uranium" or thorium in the form of metal, alloy, chemical compound or concentrate and any other material containing one or more of the foregoing;

Note: 0C001 does not control the following: U.K.

a.

Four grammes or less of "natural uranium" or "depleted uranium" when contained in a sensing component in instruments;

b.

"Depleted uranium" specially fabricated for the following civil non-nuclear applications:

1.

Shielding;

2.

Packaging;

3.

Ballasts having a mass not greater than 100 kg;

4.

Counter-weights having a mass not greater than 100 kg;

c.

Alloys containing less than 5 % thorium;

d.

Ceramic products containing thorium, which have been manufactured for non-nuclear use.

[0C002] "Special fissile materials"

Note: 0C002 does not control four "effective grammes" or less when contained in a sensing component in instruments. U.K.

[0C003] Deuterium, heavy water (deuterium oxide) and other compounds of deuterium, and mixtures and solutions containing deuterium, in which the isotopic ratio of deuterium to hydrogen exceeds 1:5 000.

[0C004] Graphite having a purity level better than 5 parts per million ‘boron equivalent’ and with a density greater than 1,50 g/cm³ for use in a "nuclear reactor", in quantities exceeding 1 kg.

NB: SEE ALSO 1C107. U.K.

Note 1: For the purpose of export control, the [F2 Secretary of State] will determine whether or not the exports of graphite meeting the above specifications are for "nuclear reactor" use. 0C004 does not control graphite having a purity level better than 5 ppm (parts per million) boron equivalent and with a density greater than 1,50 g/cm³ not for use in a "nuclear reactor". U.K.

Textual Amendments

F2 Words in Annex 1 para. 0C004 Note 1 substituted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 3(22)(d) (with reg. 5) (as amended by S.I. 2020/1502, regs. 2(3), 10); 2020 c. 1, Sch. 5 para. 1(1)

Note 2: In 0C004, ‘boron equivalent’ (BE) is defined as the sum of BE_z for impurities (excluding BE_carbon since carbon is not considered an impurity) including boron, where: U.K.

BE_Z (ppm) = CF × concentration of element Z in ppm;

and σ_Β and σ_Ζ are the thermal neutron capture cross sections (in barns) for naturally occurring boron and element Z respectively; and A_B and A_Z are the atomic masses of naturally occurring boron and element Z respectively.

[0C005] Specially prepared compounds or powders for the manufacture of gaseous diffusion barriers, resistant to corrosion by UF₆ (e.g. nickel or alloys containing 60 % by weight or more nickel, aluminium oxide and fully fluorinated hydrocarbon polymers), having a purity of 99,9 % by weight or more and a particle size less than 10 μm measured by ASTM B330 standard and a high degree of particle size uniformity.]