Decree No. 171 / 2017 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
Effective from 22.06.2017
171
DECLARATION
of 9 June 2017
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. and Decree No. 308 / 2016 Coll., is amended as follows:
1. In footnote 1, the sentence "Commission Directive (EU) 2017 / 433 of 7 March 2017 amending Directive 2009 / 43 / EC of the European Parliament and of the Council as regards the list of defence-related products is added at the end of the line. '.
2. In Annex 1, Note 1:
"Note 1: Terms in" quotation marks "are defined terms in, Definitions of terms used in this list '.';
3. in Annex 1, in SVMe 1, Note 1 (a):
a. Firearms specially designed for school (inert) ammunition incapable of firing a missile; ';
4. In Annex 1 to the SVMe 1 Note 3:
"Note 3: Point SVMe 1 (b) (2) does not apply to weapons specially designed to fire an inert missile using compressed air or CO2. ';
5. in Annex 1, in SVMe 4, Note 4 (d) (2):
"2. AMPS uses protection to prevent unauthorised access to" software, "a."
6. In Annex 1, point 7 (b) (4) (b) of the SVMe, "2,4 dichlorophenoxyacetic acid 'is replaced by" 2,4- dichlorophenoxyacetic acid'.
7. In Annex 1, point 7 (b) (4) (c) (4), the text "(CAS 704057-5) 'is replaced by" (CAS 7040@-@ 57@-@ 5)'.
8. In Annex 1, in SVMe 8, Technical Note 1:
"1. For the purposes of point SVMe 8, except for point SVMe 8 (c) 11 or SVMe 8 (c) 12, the term" mixture 'means a composition consisting of two or more substances, at least one of which is listed in sub-items SVMe 8.'
9. In Annex 1, point 8 (a) (5) of the SVMe, the text "(CAS 7024732-4) 'is replaced by" (CAS 7024732-4)'.
10. In Annex 1 to the SVMe 8, point (a) (10):
"10. DIPAM (3,3 '-diamino-2,2', 4,4 ', 6,6' -hexanitrodiphenyl) or dipicramide (CAS 17215-44-0); ';
11. in Annex 1 in SVMe 8, point 13:
"13. HMX and derivatives (see also its" precursors "under SVMe 8 g) 5.):
b.
a.
c. K-55 (2,4,6,8-tetranitro-2,4,6,8-tetraazabicyclo (3,3,0) -octane-3-one; tetranitrosemiglycogluril or ketobicyclic HMX (CAS 130256-72-3); ';
12. in Annex 1, SVMe 8, point (a) 24. read:
"24. TEDDZ (3,3,7,7- tetrakis (difluoroamine) octahydro-1,5- dinitro-1,5-diazocin); '.
13. In Annex 1, SVMe 8, in point (a) 32 (b), the text "(CAS 229176- 04-9) 'is replaced by" (CAS 1614-08-0)'.
14. In Annex 1, in SVMe 8, the following point 40 is added at the end of point a.:
"40 BTNEN (Bis (2,2,2-trinitroethyl) nitramine) (CAS 19836-28-3); ';
15. in Annex 1, SVMe 8, point (c) (1):
"1. fuels for" aircraft "specially formulated for military use; ';
16. in Annex 1, SVMe 8, point (c) (5):
'5. metal fuels, fuel, mixtures' or "pyrotechnic ', mixtures' with particles in spherical, pulverised, spherical, flaked or ground form, made from material with 99% or more of any of the following:
b.
1. beryllium (CAS 7440-41-7) with a particle size of less than 60 μm;
2. iron dust (CAS 7439-89-6) with a particle size of 3 μm or less produced by reduction of iron oxide by hydrogen;
b., mixtures containing any of the following:
1. zirconium (CAS 7440-67-7), magnesium (CAS 7439-95@-@ 4) and alloys thereof with a particle size of less than 60 μm; or
2. boron (CAS 7440-42-8) or boron carbide (CAS 12069@-@ 32-8) fuels with a purity of 85% or more and a particle size of less than 60 μm; ';
17. In Annex 1, SVMe 8, in point (f) (12), the text "(CAS 8506872-0) 'is replaced by" (CAS 85068-72-0)'.
18. In Annex 1 to the SVMe 8 Note 1:
"Note 1: Fuels for" aircraft "according to point SVMe 8 (c) 1. are finished products, not their constituents. ';
19. in Annex 1 to the SVMe 8 Note 4:
"Note 4: Point SVMe 8 (c) 5 (b) applies only to metal fuels in the form of particles when they are mixed with other substances for the purpose of formation, mixtures such as mixtures for military purposes such as suspension of liquid" propellants, "solid" propellants "or" pyrotechnic, "mixtures. ';
20. In Annex 1, in SVMe 8, the following Note 14 is added:
"Note 14: Point SVMe 8 (a) applies to, explosive composite crystals (cocrystals) '.
Technical Note
"Explosive composite crystal (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 ML 8 (a).';
21. In Annex 1, point 9 (a) (2) (a) to (d) of the SVME, the following are added:
"a. Self-propelled weapons with a calibre of 12,7 mm or more referred to in point SVMe 1, or weapons referred to in points SVMe 2, SVMe 4, SVMe 12 or SVMe 19, or, grips' or attachment points for such weapons;
Technical Note
"Capture 'means the attachment or strengthening of a structure for the purpose of the installation of weapons.
a.
b.
1., Protection of CBRN '(protection against chemical, biological, radiological and nuclear weapons)
and
2., rinsing or washing system 'intended for decontamination; or
Technical notes
1., CBRN protection 'is a separate internal space containing pressurization, insulation of ventilation systems, limited ventilation outputs with CBRN filters and limited crew entrances containing the airlock.
2., rinsing or washing system 'is a seawater spray system capable of spreading the external superstructure and deck at the same time.
b.
1., Protection of CBRN ';
2. hull and superstructure specially designed to reduce radar capture profile;
3. Thermal Footprint Reduction Devices (e.g. an exhaust cooling system), except those specially designed to increase the total power output of an energy centre or reduce the environmental impact; or
4. a demagnetization system designed to limit the magnetic trace of the whole vessel; ';
22. in Annex 1, SVMe 9, point (b) (4):
"4., air independent propulsion systems (AIPs) 'specially designed for submarines;
Technical Note
"In air, an independent propulsion system (AIP) 'allows the submerged submarine to operate a propulsion system without access to atmospheric oxygen for a longer period than the batteries would otherwise allow. For the purposes of point SVMe 9 (b) (4), the AIP does not include a nuclear power drive.';
23. In Annex 1, in SVMe 9, in the Note, the words "for vessels' shall be inserted after the words" connectors'.
24. In Annex 1, the title in SVMe 10 reads:
"Aircraft," "lighter-than-air vehicles," "unmanned aerial vehicles" ("UAV"), aircraft engines and equipment, "aircraft," related equipment and components, specially designed or modified for military use, as follows: ';
25. in Annex 1, point (c) of the SVMe 10:
c. Unmanned "aircraft" and "air vehicles lighter than air," equipment therefor, and specially designed components therefor, as follows:
1. "UAV," remotely manned aerial vehicles (RPV) and autonomous programmable and unmanned "lighter-than-air vehicles";
2. launching equipment, return equipment and ground equipment;
3. equipment intended for control and control purposes; ';
26. in Annex 1, point (e) (2) of the SVMe 10, "unmanned aircraft" is replaced by "unmanned" aircraft. "
27. in Annex 1, in SVMe, 10 (f), "aircraft" is replaced by "aircraft";
28. In Annex 1, point 13 (c) of the SVMe:
c. Helmets manufactured according to military standards or specifications or comparable national standards, and specially designed helmets, or internal linings and padding therefor;
N.B.: For other components or accessories of military helmets see the relevant SVMe item. ';
29. In Annex 1, in SVMe 15 in Note 2, in the introductory part, the word "designated 'is replaced by" designed'.
30. In Annex No 1, SVMe 17, in point o., the word "lasers' is replaced by" lasers'.
31. in Annex 1 to the SVMe 17, the Technical Notes read:
"Technical notes
1. It has not been used since 2014.
2. For the purposes of point SVMe 17, the word modified shall mean a change of design, electrical, mechanical or other character which gives a non-military object military capabilities equivalent to an article specially designed for military use. ';
32. In Annex 1, in SVMe 21, in point (a), the word "or 'shall be added at the end of the text in point 2.
33. In Annex No 1, in the Definitions of terms used in this list, the entry:
"SVMe 15" Electronic brightness amplifiers first generation image "
Electrostatically focused tubes, using optical fibres or glass front panels at both input and output, multiple alkaline photocathodes (S-20 or S-25) but not microchannel amplifiers. 'is replaced by the following:
"SVMe 15" Brightness Amplifier First Generation Image "
Electrostatically focused tubes, using optical fibres or glass front panels at both input and output, multiple alkaline photocathodes (S-20 or S-25) but not microchannel amplifiers. '
34. In Annex No 1, in the Definitions of terms used in this list, the entry:
"SVMe 9, 19" Laser "
The assembly unit is a component which produces both spatial and time-coherent light, which is amplified by forced emission of radiation. 'is replaced by:
"SVMe 9, 19" Laser "
A device that produces both spatial and time-coherent light by amplification of stimulated radiation emissions. ';
35. In Annex 1, the definition of the terms used in this list is replaced by the following:
"SVMe 8, 10, 14" Airplane "
The following is inserted:
"SVMe 21" Microprogramme'
The sequence of elementary instructions stored in a special memory, the execution of which is initiated by the introduction of its reference instruction into the instruction register. ';
36. In Annex 1, the definition of the terms used in this list is replaced by the following:
"SVMe 8" Precursors "
Special chemicals used in the manufacture of explosives. '
"SVMe 21" Program "
A sequence of instructions for the execution of a process in the form practicable by, or transferable to, an electronic computer. ';
37. In Annex No 1, in the Definitions of terms used in this list, the entry:
"SVMe 22" Technology "
Specific information necessary for the "development," "production" or use of goods. This information shall take the form, technical data 'or, technical assistance'. Controls are subject to "technology" for the purposes of the EU Common Military List is specified 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." shall be replaced by:
"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.';
38. In Annex 1, the definition of the terms used in this list is replaced by the following:
"SVMe 21, 22" Development "
Operations linked to all pre-production stages of serial production, such as design, development design, design analysis, design concept, assembly and testing of prototypes, semi-operational production schemes, design data, process of transformation of design data into product, configuration design, integration design, external modification. '
"SVMe 10" Airship "
Powered air vehicle which is maintained in the air by means of a gas body (usually helium) lighter than air. '
39. In Annex No 1, in the Definitions of terms used in this list, the entry:
"SVMe 10" Air transport lighter than air "
Balloons and dirigibles which are driven by hot air or gases lighter than air such as helium or hydrogen. 'is replaced by the following:
"SVMe 10" Air transport lighter than air "
Balloons and "airships" which are driven by hot air or gases lighter than air such as helium or hydrogen. ';
Efficacy
This Decision shall enter into force on 22 June 2017.
Minister:
Ing. Havlicek, MBA, Rev.
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Regulation Information
| Citation | Decree No. 171 / 2017 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 | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.06.2017 |
|---|---|
| Effective from | 22.06.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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