1.-(1) These Regulations may be cited as the Dual-Use and Related Goods (Export Control) (Amendment No. 2) Regulations 1996 and shall come into force on 1st August 1996.

(2) In these Regulations, "the principal Regulations" means the Dual-Use and Related Goods (Export Control) Regulations 1995(3).

2.-(1) Regulations 1(3), 3(1)(a), (2)(b)(ii) and (5) and 14(2)(b) of the principal Regulations shall have effect as if Schedule 1 to the principal Regulations were amended as provided in the Schedule hereto.

(2) Regulation 3(1)(b) of the principal Regulations shall have effect as if Schedule 2 to the principal Regulations were amended by leaving out entry 4A003.b.

3.-(1) In entry 1E950 of Schedule 3 to the principal Regulations, for the word "equipment" there shall be substituted the word "mixtures".

(2) At the end of entry 5A990 of Schedule 3 to the principal Regulations, there shall be added the words "and specially designed components therefor."

4. Part III of Schedule 1 to the Export of Goods (Control) Order 1994(4) shall have effect as if for Groups 2 and 3 there were substituted Schedules 1 and 3 to the principal Regulations, both amended as aforesaid.

Regulation 2(1)

SCHEDULE

Amendments to Schedule 1 to the principal Regulations.

1. The list of definitions under the heading "Definitions of Terms in this Annex" is amended as follows:

(i)after definition 70 the following is inserted:

"199. "Immunotoxin" (1) means a conjugate of one cell-specific monoclonal antibody and a "toxin" or "sub-unit of toxin", that selectively affects diseased cells."

(ii)after definition 161 the following is inserted:

"200. "Sub-unit of toxin" (1) means a structurally and functionally discrete component of a whole "toxin"."

(iii)after definition 183 the following is inserted:

"201. "Vaccine" (1) means a medicinal product which is intended to stimulate a protective immunological response in humans or animals in order to prevent disease."

2. The entries in Schedule 1 are amended as follows:

1C115.a.2 substituted by the following:

"2. metal fuels, other than that specified in the Military Goods Controls, in particle sizes of less than 500 micrometres, whether spherical, atomized, spheroidal, flaked or ground, consisting 97% or more by weight of any of the following:

a.zirconium;

b.beryllium;

c.boron;

d.magnesium; or

e.alloys of the metals specified in a. to d.;"

1C351.b.2 substituted by the following:

"2. bartonella quintana (rochalimaea quintana, rickettsia quintana);"

1C351.c.8 substituted by the following:

"8. burkholderia mallei (pseudomonas mallei);"

1C351.c.9 substituted by the following:

"9. burkholderia pseudomallei (pseudomonas pseudomallei);"

1C351.d substituted by the following:

"d."Toxins", as follows, and "sub-units of toxins" thereof:

1.botulinum toxins;

2.clostridium perfringens toxins;

3.conotoxin;

4.ricin;

5.saxitoxin;

6.shiga toxin;

7.staphylococcus aureus toxins;

8.tetrodotoxin;

9.verotoxin;

10.microcystin (cyanginosin);

except: any goods specified in 1C351 in the form of a "vaccine" or "immunotoxin"."

1C352.a.11 substituted by the following:

"11. porcine enterovirus type 9 (swine vesicular disease virus);"

1C353.a substituted by the following:

"a.genetically modified "microorganisms" or genetic elements that contain nucleic-acid sequences associated with pathogenicity of organisms specified in 1C351.a. to c., 1C352 or 1C354;"

1C353.b substituted by the following:

"b.genetically modified "microorganisms" or genetic elements that contain nucleic-acid sequences coding for any of the "toxins" specified in 1C351.d. or "sub-units of toxins" thereof."

1C354.b.1 substituted by the following:

"1. colletotrichum coffeanum var. virulans (colletotrichum kahawae);"

2B352: "Biological equipment, as follows;" substituted by the following:

• "Equipment capable of use in handling biological materials, as follows:"

2B352.b substituted by the following:

"b.fermenters capable of cultivation of pathogenic "microorganisms", viruses or capable of toxin production, without the propagation of aerosols, and having a total capacity of 100 litres or more;

Technical Note:

Fermenters include bioreactors, chemostats and continuous-flow systems."

2B352.d: "designed for" substituted by "capable of".

2B352.g: "pathogenic" left out.

7A103.a: the following added at end:

"Note:

7A103.a. does not specify equipment containing accelerometers specified in 7A001 where such accelerometers are specially designed and developed as MWD (Measurement While Drilling) sensors for use in downhole well service operations.".

Explanatory Note

(This note is not part of the Regulations)

The Dual-Use and Related Goods (Export Control) Regulations 1995 ("the principal Regulations") contain provisions arising from Council Regulation (EC) No. 3381/94 (O.J. No. L367, 31.12.94, p.1) on the control of exports of dual-use goods, which in turn makes provision in respect of (amongst other things) the goods listed in Annexes I and IV to Council Decision 94/942/CFSP (O.J. No. L367, 31.12.94, p.8) on the joint action concerning the control of exports of dual-use goods. Schedules 1 and 2 to the principal Regulations reproduce Annexes I and IV.

Annexes I and IV have been amended by Council Decision 96/423/CFSP (O.J. No. L176, 13.7.96 pp 1-4). These Regulations make equivalent amendments to Schedules 1 and 2 to the principal Regulations.

These Regulations also amend Schedule 3 to the principal Regulations.