29.5.2009 Official Journal of the European Union L 1341 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS 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 (Recast) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 133 thereof, Having regard to the proposal from the Commission, Whereas: 1 Council Regulation (EC) No 1334/2000 of 22 June 2000 setting up a Community regime for the control of exports of dual-use items and technology (') has been significantly amended on several occasions. Since further amendments are to be made, it should be recast in the interests of clarity. Dual-use items (including software and technology) should be subject to effective control when they are exported from the European Community. An effective common system of export controls on dual- use items is necessary to ensure that the international com- mitments and responsibilities of the Member States, especially regarding non-proliferation, and of the European Union (EU), are complied with. The existence of a common control system and harmon- ised policies for enforcement and monitoring in all Mem- ber States is a prerequisite for establishing the free movement of dual-use items inside the Community. () OJ L 159, 30.6.2000, p. 1. ©) The responsibility for deciding on individual, global or national general export authorisations, on authorisations for brokering services, on transits of non-Community dual- use items or on authorisations for the transfer within the Community of the dual-use items listed in Annex IV lies with national authorities. National provisions and deci- sions affecting exports of dual-use items must be taken in the framework of the common commercial policy, and in particular Council Regulation (EEC) No 2603/69 of 20 December 1969 establishing common rules for exports (2). Decisions to update the common list of dual-use items sub- ject to export controls must be in conformity with the obli- gations and commitments that Member States have accepted as members of the relevant international non- proliferation regimes and export control arrangements, or by ratification of relevant international treaties. Common lists of dual-use items, destinations and guide- lines are essential elements for an effective export control regime. Transmission of software and technology by means of electronic media, fax or telephone to destinations outside the Community should also be controlled. Particular attention needs to be paid to issues of re-export and end-use. () O] L 324,27.12.1969, p. 25.