Decree No. 159 / 2019 Coll.
Decree amending Decree No. 210 / 2012 Coll., on the implementation of certain provisions of Act No. 38 / 1994 Coll., on Foreign Trade in Military Material, as amended
Valid
Order
Effective from 05.07.2019
Text versions:
05.07.2019
27.06.2019
159
DECLARATION
of 20 June 2019
amending Decree No. 210 / 2012 Coll., implementing certain provisions of Act No. 38 / 1994 Coll., on Foreign Trade in Military Material, as amended
The Ministry of Industry and Trade, in agreement with the Ministry of Foreign Affairs, the Ministry of Defence and the Ministry of Interior, pursuant to Section 33 of Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on the Addition of Act No. 455 / 1991 Coll., on Business Business (Trade Code Act), as amended, and Act No. 140 / 1961 Coll., the Criminal Act, as amended, as amended, as amended, as amended, and Act No. 248 / 2011 Coll., for the implementation of Section 5 (3):
Decree No. 210 / 2012 Coll., on the implementation of certain provisions of Act No. 38 / 1994 Coll., on Foreign Trade in Military Material, as amended by Decree No. 85 / 2014 Coll., Decree No. 48 / 2015 Coll., Decree No. 308 / 2016 Coll., Decree No. 171 / 2017 Coll. and Decree No. 31 / 2018 Coll., is amended as follows:
1. footnote 1 shall read:
"(1) Directive 2009 / 43 / EC of the European Parliament and of the Council simplifying the conditions for transfers of defence-related products within the Community, as amended by Commission Directive 2019 / 514.";
2. In Annex 1, point (d) of the SVMe:
"d. accessories designed for weapons specified in points SVMe 1 (a), SVMe 1 (b) or SVMe 1 (c):
1. removable ammunition containers;
2. silencers;
3. special weapon support;
4. flame dampeners;
5. optical weapons sights having electronic image processing;
6. optical weapons sights specially designed for military use. ';
3. In Annex 1 to SVMe 1, Note 5 is deleted.
4. In Annex 1, point (c) of the SVMe 2:
b.
1. specially designed for military use; and
2. specially designed for the weapons specified in SVMe 2 (a); ';
5. In Annex 1 to the SVMe 4 Note 4:
"Note 4: Point SVMe 4 (c) does not apply to AMPS meeting all of the following requirements:
b.
1. passive sensors having a maximum sensitivity between 100 and 400 nm; or
2. active warning sensors employing impulse Doppler detection;
c.
b.
d. AMPS embedded in "civil aircraft" and meeting all of the following requirements:
1. The AMPS is only operational on a specific "civil aircraft," in which this specific AMPS is incorporated and for which it has been issued:
b. or
b. A similar document recognised by the International Civil Aviation Organisation (ICAO);
2. AMPS uses protection to prevent unauthorised access to "software"; and
3. an active mechanism is built into the AMPS that will not allow the system to function after being removed from the "civil aircraft" into which it has been installed. ';
6. In Annex 1, point 13 (c) of the SVMe 8 letter (a) is replaced by the following:
"c. K-55 (2,4,6,8-tetranitro-2,4,6,8-tetraazabicyclo (3,3,0) octanone-3; tetranitrosemiglycogluril or ketobicyclic HMX (CAS 130256-72-3); ';
7. In Annex 1, in SVMe 8, point 24 is replaced by the following:
"24. TEDDZ (3,3,7,7- tetrabis (difluoroamino) octahydro-1,5- dinitro-1,5-diazocin); '.
8. In Annex 1, in SVMe 8, the following point 42 is added at the end of point a.:
"42. EDNA (ethylene dinitramine) (CAS 505-71-5); ';
9. In Annex 1, points (6) and (7) of the SVMe 8 (d.) are replaced by the following:
'6. HAP (hydroxylamine perchlorate) (CAS 15588-6222);
7. GNF (hydrazinium nitroformate) (CAS 20773-28-8); ';
10. In Annex 1, in SVME 8, points 16 to 18 shall read:
'16. poly-NIMMO (poly- (nitratomethyl methyloxetane), poly-NMMO or poly (3-nitratomethyl-3-methyloxetane)) (CAS 84051-81-0);
17. polynitroorthocarbonates;
18. TVOPA (1,2,3- tris [1,2- bis (difluoroamino) ethoxy) propane, or tris vinoxy propane adduct) (CAS 53159-39-0); ';
11. In Annex 1, in SVMe 8, the following point 21 is added at the end of point E.:
"21. TMETN (trimethyloethane trinitrate) (CAS 3032-55-1); ';
12. in Annex 1, SVMe 8, point (f) (5):
"5. lead beta-resorcylate (CAS 20936-32-7) or copper beta-resorcylate (CAS 70983-44-7); ';
13. In Annex 1, in SVMe 8, the following Note 1 is inserted:
"Note 1: Point SVMe 8 (c) 1. does not apply to the following fuels for" aircraft ": JP-4, JP-5 and JP-8. ';
Notes 1 to 14 shall be renumbered Notes 2 to 15.
14. in Annex 1 in SVMe 8 Note 7:
"Note 7: Point SVMe 8 (c) 10 (b) shall not apply to fossil refined fuels or biofuels or to motor fuels certified for use in civil aviation. ';
15. in Annex No 1 in SVMe 8 Note 15:
"Note 15: Point SVMe 8 (a) applies to, explosives cocrystals';
Technical Note
"Explosive cocrystal 'is a solid material consisting of a regular three-dimensional arrangement of two or more explosive molecules, at least one of which is listed in point SVMe 8 (a).';
16. in Annex 1, SVMe 9, point (b) (1) shall read:
"1. compression-ignition engines specially designed for submarines;"
17. in Annex 1, in SVMe 10, point (e) reads:
"e. Air refuelling equipment specially designed or modified for any of the following purposes and specially designed components therefor:
1. "aircraft" referred to in point SVMe 10 (a); or
2. unmanned "aircraft" referred to in point SVMe 10 (c); ';
18. In Annex 1, SVMe 15, Note 2 is deleted.
Note 3 is renumbered Note 2.
19. in Annex No 1 in SVMe 15 Note 2:
"Note 2: SVMe 15 does not apply to" first generation image intensifiers "or equipment specially designed for the installation of" first generation image intensifier. "
Reference: For classification of weapons targeting devices using electron "first generation image intensifier" see points SVMe 1, SVMe 2 and SVMe 5 (a).
Note: See also 6A002.a.2. and 6A002.b. on the EU Dual-Use List. ';
20. In Annex 1, point (l) of the SVMe:
"l. combined ISO containers or swap bodies specially designed or modified 'for military use;';
21. In Annex 1, in SVMe 20, point (b), the words "(rotary machines and transformers) 'are replaced by the words" (rotary machines or transformers)'.
22. In Annex No 1, in the Definitions of terms used in this list, the entry:
"SVMe 7" Biopolymers "
The following biological macromolecules:
a. Enzymes for specific chemical or biochemical reactions;
c.
b.
Technical notes
1. Anti-idiotypic antibodies' means antibodies that bind to specific binding sites of other antibodies for a specific antigen;
2. Monoclonal antibodies' means proteins that bind to a single antigen binding site and come from a single clone of cells;
3. Polyclonal antibodies' means a mixture of proteins that bind to a specific antigen and come from more than one clone of cells;
4. 'Receptors' means biological macromolecular structures capable of binding ligands whose binding affects physiological functions. '
is replaced by the following:
"SVMe 7" Biopolymers "
The following biological macromolecules:
a. Enzymes for specific chemical or biochemical reactions;
c.
b.
Technical notes
1. Anti-idiotypic antibodies' means antibodies that bind to specific binding sites of other antibodies for a specific antigen;
2. Monoclonal antibodies' means proteins that bind to a single antigen binding site and come from a single clone of cells;
3. Polyclonal antibodies' means a mixture of proteins that bind to a specific antigen and come from more than one clone of cells;
4. 'Receptors' means biological macromolecular structures capable of binding ligands whose binding affects physiological functions. ';
23. In Annex No 1, in the Definitions of terms used in this list, the entry:
"SVMe 21" Software "
A set of one or more programmes or micro-programmes which is captured on any material medium of information. ';
is replaced by the following:
"SVMe 21" Software "
A set of one or more "programmes" or "microprograms" which is captured on any material medium of information. ';
24. In Annex No 1, in the Definitions of terms used in this list, the entry:
"SVMe 22" Technology "
Specific information necessary for "development," "production" or operation, installation, maintenance (checking), routine and general repair or renewal of goods. This information shall take the form, technical data 'or, technical assistance'. "Technology" specified in the EU Common Military List is defined in ML22.
Technical notes
1., Technical data 'may take the form of blueprints, plans, diagrams, models, forms, tables, technical drawings and specifications, manuals and instructions written or recorded on other media or devices such as discs, tapes, permanent memories (ROM).
2. Technical assistance may take the form of instructions, training, training, working knowledge and advisory services. "Technical assistance 'may include transmission, technical data.';
is replaced by the following:
"SVMe 22" Technology "
Specific information necessary for "development," "production" or operation, installation, maintenance (checking), routine and general repair or renewal of goods. This information shall take the form, technical data 'or, technical assistance'. "Technology" specified in the EU Common Military List is defined in point SVMe 22.
Technical notes
1., Technical data 'may take the form of blueprints, plans, diagrams, models, forms, tables, technical drawings and specifications, manuals and instructions written or recorded on other media or devices such as discs, tapes, permanent memories (ROM).
2. Technical assistance may take the form of instructions, training, training, working knowledge and advisory services. "Technical assistance 'may include transmission, technical data.';
25. In Annex No 1, in the Definitions of terms used in this list, the entry:
"SVMe 19" Suitable for space applications "
Designed, manufactured or qualified by successful testing for operations above 100 km above ground.
Note: Determination that a specific item is "space-qualified" based on testing does not mean that other items in the same production dose or model series are "space-qualified" if not individually tested. "
26. In Annex No 1, in the Definitions of terms used in this list, the entry:
"SVMe 21, 22" Utilization "
Operation, installation (including on-site installation), maintenance (inspection), routine and general repair and renewal. ';
27. In Annex 1, in the Definitions of Terms used in this list, under the heading "SVMe 10" Airship "the words" (usually helium) "are replaced by" (usually helium, formerly hydrogen). "
28. In Annex 1, the following is added at the end of the definition of terms used in this list:
"SVMe 19" Eligible for space deployment "
Designed, manufactured or qualified by successful testing for operations above 100 km above ground.
Note: Determination that a specific item is "fit for space deployment" based on testing does not mean that other items in the same production dose or model series are "qualified for space deployment" if not individually tested. '
Efficacy
This Regulation shall enter into force on 5 July 2019.
Minister:
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Regulation Information
| Citation | Decree No. 159 / 2019 Coll., amending Decree No. 210 / 2012 Coll., implementing certain provisions of Act No. 38 / 1994 Coll., on Foreign Trade in Military Material, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.06.2019 |
|---|---|
| Effective from | 05.07.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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