# Commission Delegated Regulation (EU) 2019/2199 of 17 October 2019 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, Division 4D: Software

Extent: E+W+S+N.I.

4D001 "Software" as follows:
a.. "Software" specially designed or modified for the "development" or "production" of equipment or "software" specified in 4A001 to 4A004, or 4D.
b.. "Software", other than that specified in 4D001.a., specially designed or modified for the "development" or "production" of equipment as follows:
1.. "Digital computers" having an "Adjusted Peak Performance" ("APP") exceeding 15 Weighted TeraFLOPS (WT);
2.. "Electronic assemblies" specially designed or modified for enhancing performance by aggregation of processors so that the "APP" of the aggregation exceeds the limit in 4D001.b.1.
4D002 Not used
4D003 Not used.
4D004 "Software" specially designed or modified for the generation, command and control, or delivery of "intrusion software".
Note: 4D004 does not control "software" specially designed and limited to provide "software" updates or upgrades meeting all the following:
a.. The update or upgrade operates only with the authorisation of the owner or administrator of the system receiving it; and
b.. After the update or upgrade, the "software" updated or upgraded is not any of the following:
1.. "Software" specified in 4D004; or
2.. "Intrusion software".

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Source: https://www.legislation.gov.uk/eur/2019/2199/annex/I/division/6/division/4D (the official version)
Page: https://openlegislation.uk/eu-regulation-2019-2199/annex-I/division-6/division-4D
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.