Decree No. 210 / 2012 Coll.
Decree on the implementation of certain provisions of Act No. 38 / 1994 Coll., on Foreign Trade in Military Material
Valid
Order
Effective from 30.06.2012
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210
DECLARATION
of 13 June 2012
on the implementation of certain provisions of Act No. 38 / 1994 Coll., on Foreign Trade in Military Material
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., Criminal Act, as amended, as amended, as amended, as amended, as amended by Act No. 220 / 2009 Coll. and Act No. 248 / 2011 Coll., for Implementation of Section 5 (3), § 9 (3), § 15 (6), § 17 (1), § 20 (4) and § 22g (4):
Subject matter
This decree implements the relevant provisions of the European Union1) and provides for
(a) a list of military material;
(b) a list of major military material;
(c) information on the use of licence certificates, which the Ministry of Defence and the Ministry of Interior shall inform pursuant to Section 12a (6) of the Act;
(d) details of the use of the licence certificate, which the Ministry of Defence and the Ministry of Interior shall inform pursuant to Section 12b (6) of the Act;
(e) details of the use of the licence to which the legal person who has been granted the licence has been informed;
(f) the particulars required for the application for an international import certificate.
Military Goods List
The list of military material is set out in Annex 1 to this Decree.
List of major military material
The list of major military material is set out in Annex 2 to this Decree.
Information on the use of the licence certificate
Information on the use of the licence certificate, which the Ministry of Defence and the Ministry of Interior shall inform in accordance with Sections 12a (6) and 12b (6) of the Act, is set out in Annex 3 to this Decree.
Information on the use of the licence
The information on the use of the licence, which shall be communicated by the legal or natural person who has been granted the licence, shall be as set out in Annex 4 to this Order.
Data required for the application for an international import certificate
The information required for the application for an international import certificate is set out in Annex 5 to this Order.
Repeal
Decree No. 332 / 2009 Coll., on the implementation of certain provisions of Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on the Addition of Act No. 455 / 1991 Coll., on Trade Business (Trade Trade Act), as amended, and Act No. 140 / 1961 Coll., the Criminal Act, as amended, as amended, is hereby repealed.
Efficacy
This Decree shall take effect on 30 June 2012.
Minister:
MUDr. Cuba v. r.
Příloha č. 1
Annex No 1 to Decree No 210 / 2012 Coll.
LIST OF MILITARY MATERIALS
Note 1: Terms in "quotation marks" are defined terms in, Definition of terms used in this list '.
Note 2: In some cases chemicals are listed by name and CAS number. The list covers chemicals having the same structural formula (including hydrates), regardless of the name or CAS number. CAS numbers are given as an aid for the detection of a specific chemical or mixture, regardless of nomenclature. CAS numbers cannot be used as single identifiers because some of the forms of listed chemicals have different CAS numbers, and also for mixtures containing any listed substances, the CAS number may be different.
SVMe 1
Smooth-bore weapons with a calibre of less than 20 mm, other weapons and automatic weapons with a calibre of 12,7 mm (calibre 0,50 inches) or less, accessories as follows, and specially designed components therefor:
(a) rifles and combination firearms, short firearms, machine guns, machine guns and other automatic firearms;
(b) smooth-bore weapons:
1. smooth-bore weapons specially designed for military use;
2. other smooth-bore weapons, namely:
(a) automatic firearms;
(b) self-charging firearms or pump action weapons (with sliding forward);
(c) weapons using non-combat ammunition and distancing electric stun guns;
(d) accessories intended for the weapons referred to in points SVMe 1 (a), SVMe 1 (b) or SVMe 1 (c):
1. removable containers,
2. shock absorbers and moderators,
3., weapon support ',
Technical Note:
For the purposes of point SVMe 1 (d) (3), weapon support 'means a clamping device designed to attach a weapon to a ground vehicle, an "aircraft', a vessel or a structure.
4. flame dampeners,
5. optical weapons sights with electronic image processing;
6. optical weapons sights specially designed for military use.
Note 1: SVMe 1 does not apply to:
(a) firearms specially designed for school (inert) ammunition incapable of firing a missile;
(b) firearms, specially designed to launch attached missiles without a explosive charge or with a communication link to a distance not exceeding 500 m;
(c) weapons using marginal firearm which are not automatic;
(d) degraded firearms',
Technical Note:
For the purposes of Note (d) in point SVMe 1, a degraded firearm 'is such a firearm that has been degraded by procedures established by the State authority of the signatory country of the Wassenaar Arrangement in such a way that it is not capable of firing. These procedures shall irrevocably modify the essential parts of the firearm concerned. In accordance with national laws, regulations and administrative provisions, the destruction of a firearm may be demonstrated by a certificate issued by the competent authority and may be marked on a firearm with a mark on some of its essential parts.
(e) revolvers and pistols other than automatic, designed and approved for sale in the Czech Republic under the Czech legislation as well as, at the same time, for sale in the importing country, even if they were originally specially designed or adapted for military use, and specially designed components thereof, unless these components are fit for other pistols and revolvers than those covered by this note. This is not the case if the end-user is to be armed forces, security forces and other entities involved in the performance of external or internal security tasks.
Note 2: SVMe 1 (a) does not apply to:
(a) rifles and combined firearms manufactured before 1938;
(b) reproductions of rifles and combined firearms, the originals of which were manufactured before 1890;
(c) short firearms, automatic firearms and machine guns manufactured before 1890 and their reproductions;
d. Rifles or short gas weapons specially designed to fire an inert missile using compressed air or CO2;
(e) short firearms specially designed for any of the following:
1. slaughter of domestic animals; or
2. Animal narcotics.
Note 3: SVMe 1 b) 2. does not apply to weapons specially designed to fire an inert missile using compressed air or CO2.
Note 4: SVMe 1 (b) does not apply to:
(a) smooth-bore weapons manufactured before 1938;
(b) replicas of smooth-bore weapons the originals of which were manufactured before 1890;
(c) smooth-bore weapons used for hunting and sporting purposes (such weapons shall not be specially designed for military use or be automatic);
d. Smooth-bore weapons specially designed for the following purposes:
1. slaughter of domestic animals,
2. Animal narcotics,
3. seismic testing;
4. firing industrial projectiles; or
5. interference with improvised explosive devices (IED).
N.B.: Disruptors see SVMe 4 and 1A006 on the EU Dual-Use List.
SVMe 2
Smooth-bore weapons with a calibre of 20 mm or more, other weapons and equipment with a calibre greater than 12,7 mm (calibre 0,50 inches), throwing equipment specially designed or modified for military use and accessories, as follows, and specially designed components therefor:
a) Guns, howitzers, cannons, mortars, anti-tank weapons, rocket launchers, military flamethrowers, machine guns, rifles, slide-free rifles and smooth-bore weapons;
(b) throwing equipment specially designed or modified for military use, as follows:
1. smoke shooters,
2. gas shooters,
3. pyrotechnic projectors,
(c) accessories specially designed for the weapons specified in SVMe 2 (a), as follows:
1. weapon sight and assembly of weapon sight devices specially designed for military use;
2. Fire suppression equipment;
3. anchorages,
4. removable ammunition containers;
(d) the item is not considered as military material.
Note 1: SVMe 2 (a) includes, for example, injectors, dispensers, storage tanks and other components specially designed for use with liquid propellants for any of the devices specified in SVMe 2 (a).
Note 2: SVMe 2 (a) does not apply to the following weapons:
(a) rifles, smooth-bore weapons and combination firearms manufactured before 1938;
(b) replicas of rifles, smooth-bore weapons and combination firearms, the originals of which were manufactured before 1890;
(c) guns, howitzers, cannons and mortars manufactured before 1890;
(d) smooth-bore weapons used for hunting and sporting purposes (such weapons shall not be specially designed for military use or be automatic);
(e) smooth-bore weapons specially designed for the following purposes:
1. slaughter of domestic animals,
2. Animal narcotics,
3. seismic testing;
4. firing industrial projectiles; or
5. interference with improvised explosive devices (IED).
N.B.: Disruptors see SVMe 4 and 1A006 on the EU Dual-Use List.
(f) hand firing equipment specially designed to release fixed projectiles without a explosive charge or communication connection over a distance not exceeding 500 m
Note 3: SVMe 2 (b) does not apply to signal pistols.
SVMe 3
Ammo and lighters, as follows, and specially designed components therefor:
a) Weapons ammunition according to points SVMe 1, SVMe 2 and SVMe 12,
(b) lighters specially designed for ammunition as specified in SVMe 3 (a).
Note 1: Specially designed components according to SVMe 3 include:
(a) metal or plastic components such as match anvil, bullet shell, hub belts, swivel tanks and metal parts of ammunition;
(b) locking and release devices, lighters, sensors and initiation devices;
(c) energy sources with high one-off operational performance;
d. Flammable casings;
(e) submunitions including bombs, small mines and missiles with end guidance.
Note 2: SVMe 3 (a) does not apply to:
(a) training ammunition without a bullet;
(b) school (inert) ammunition with a shell hole,
(c) additional training or school (inert) ammunition which does not contain components intended for sharp ammunition; or
(d) components specially designed for the training or school (inert) ammunition referred to in (a), (b) and (c) of this note 2.
Note 3: SVMe 3 (a) does not apply to cartridges specially designed for:
(a) signalling,
(b) bird scaring; or
(c) the digestion of leaking bearing gas on oil wells.
Note 4: Point SVMe 3 (a) does not apply to cartridges and their components intended and approved for sale in the Czech Republic under Czech generally binding legislation, as well as to sales in the importing country, even if they were originally specially designed or adapted for military use. This is not the case if the end-user is to be armed forces, security forces and other entities involved in the performance of external or internal security tasks.
SVMe 4
Pumas, torpedoes, rockets, missiles, other explosive devices and charges, and related equipment and accessories, as follows, and specially designed components therefor:
Reference 1: See SVMe 11 for guidance and navigation equipment.
Reference 2: Aircraft Missile Protection Systems (AMPS) see SVMe 4 (c).
(a) Air bombs, torpedoes, grenades, smoke bombs, missiles, mines, missiles, deep-sea charges, demolition charges, demolition equipment, demolition kits, "pyrotechnic" devices, cartridges, designed submunitions and simulators (i.e. equipment imitating the characteristics of any of these items), specially designed for military use;
(b) equipment which fulfils all of the following:
1. specially designed for military use; and
2. specially designed for "activities" related to any of the following:
(a) articles specified in point SVMe 4 (a); or
(b) improvised explosive devices (IED).
Technical Note:
For the purposes of heading SVMe 4 (b) (2), the operations' shall consist of handling, discharge, laying, control, launching, detonation, activation, supply with single operational power, misleading guidance, interference, removal, detection or destruction.
(c) Aircraft Missile Protection Systems (AMPS).
Note 1: SVMe 4 (a) includes:
(a) smoke grenades, lighting bombs, incendiary bombs and explosive devices;
(b) missile or missile nozzles and front parts of return modules.
Reference to Annex I, Section I.1, to Directive 2008 / 68 / EC: 5.1.1.
Note 2: SVMe 4b includes:
(a) mobile gas liquefaction equipment;
(b) floating electric conductive cables suitable for removing magnetic mines.
Note 3: SVMe 4 (b) does not apply to hand-held and pocket-held devices which are limited by their designation to the detection of metal objects and are not capable of distinguishing mines from other metal objects.
Note 4: Point SVMe 4 (c) does not apply to AMPS meeting all of the following requirements:
(a) any of the following warning sensors:
1. passive sensors with a maximum sensitivity between 100 and 400 nm; or
2. active warning sensors using impulse Doppler detection;
(b) systems for the exchange of false targets;
(c) infrared false targets using both visible and infrared signals to fool earth-air missiles; and
d. AMPS integrated 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:
(a) a civil type certificate issued by civil aviation authorities of one or more EU Member States or the signatory country of the Wassenaar Arrangement; 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 incorporated into the AMPS that will not allow the system to function after removal from the "civil aircraft" into which it has been installed.
SVMe 5
Fire control equipment, observation and warning equipment, as follows, and related systems, test and routing equipment and devices, and countermeasures equipment, specially designed for military use, and components and accessories therefor, as follows:
a. Weapons targeting, ballistic computers, weapons guidance and control systems;
(b) other fire control equipment, observation and warning equipment and associated systems for:
1. identification and identification of the target, to determine the distance, observation or tracking of the target;
2. search, recognition and identification,
3. for processing of acquired data or for collecting data from sensors;
(c) countermeasures equipment for items subject to SVMe 5 (a) or SVMe 5 (b);
(d) field testing or routing equipment specially designed for items specified by SVMe 5 (a), SVMe 5 (b) or SVMe 5 (c).
Note: For the purposes of SVMe 5 (c) the countermeasure device also includes the search device.
SVMe 6
Ground vehicles and components, as follows:
Reference: See SVMe 11 for guidance and navigation equipment.
a. Ground vehicles and their components, specially designed or modified for military use;
b. Other land vehicles and components, as follows:
1. vehicles which meet all of the following conditions:
(a) have been manufactured or equipped with materials or components providing ballistic protection of level III (NIJ 0108.01, September 1985) or "comparable standards" or higher, as the case may be;
(b) their gear box drives both front and rear axles simultaneously, including vehicles with other axles for support purposes with or without propulsion;
(c) the gross mass of the vehicle exceeds 4,500 kg; and
(d) the vehicle is designed or modified for use in the field outside the infrastructure;
2. components meeting all of the following:
(a) specially designed for vehicles specified in SVMe 6 (b) 1; and
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Regulation Information
| Citation | Decree No. 210 / 2012 Coll., on the implementation of certain provisions of Act No. 38 / 1994 Coll., on Foreign Trade in Military Material |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.06.2012 |
|---|---|
| Effective from | 30.06.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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