What is Decree No. 308 / 2016 Coll.?

Decree No. 308 / 2016 Coll., 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 — 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.

When it became Decree No. 308 / 2016 Coll. effectiveness?

Decree No. 308 / 2016 Coll. became effective 28.09.2016.

Is Decree No. 308 / 2016 Coll. still valid?

Yes, Decree No. 308 / 2016 Coll. is still valid and effective.

How many times was it Decree No. 308 / 2016 Coll. amended?

Decree No. 308 / 2016 Coll. has 3 time versions of the text.

Decree No. 308 / 2016 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 28.09.2016

Text versions: 28.09.2016 23.09.2016

Čl. I Čl. II

Zobrazeno prvních 200 z celkem 925 ustanovení tohoto předpisu. Zobrazit celý předpis →

Pro stažení celého znění použijte tlačítko Stáhnout výše.

308

DECLARATION

of 16 September 2016

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):

Čl. I

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. and Decree No. 48 / 2015 Coll., is amended as follows:

1. footnote 1 shall read:

"(1) Directive 2009 / 43 / EC of the European Parliament and of the Council of 6 May 2009 simplifying the conditions for transfers of defence-related products within the Community. Commission Directive 2012 / 10 / EU of 22 March 2012 amending Directive 2009 / 43 / EC of the European Parliament and of the Council as regards the list of defence-related products. Commission Directive 2012 / 47 / EU of 14 December 2012 amending Directive 2009 / 43 / EC of the European Parliament and of the Council as regards the list of defence-related products. Commission Directive 2014 / 18 / EU of 29 January 2014 amending Directive 2009 / 43 / EC of the European Parliament and of the Council as regards the list of defence-related products. Commission Directive 2014 / 108 / EU of 12 December 2014 amending Directive 2009 / 43 / EC of the European Parliament and of the Council as regards the list of defence-related products. Commission Directive (EU) 2016 / 970 of 27 May 2016 amending Directive 2009 / 43 / EC of the European Parliament and of the Council as regards the list of defence-related products. ';

2. Annex 1 shall read as follows:

"Annex No 1 to Decree No 210 / 2012 Coll.

Military Goods List

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.

Note 3: SVMe means a list of military material divided or divided into groups 1 - 22.

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, as follows:

1. smooth-bore weapons specially designed for military use;

2. other smooth-bore weapons, namely:

Note 1: SVMe 1 does not apply to:

d. "Impaired firearms";

e. revolvers and pistols, except automatic, designed and approved for sale in the Czech Republic under Czech law as well as similar to those sold in the importing country, although originally specially designed or modified 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 shall not apply if the end-user is to be armed forces, security forces and other entities involved, both indirectly and externally, in the performance of the State's external or internal security tasks.

Note 2: SVMe 1 (a) does not apply to:

Note 3: SVMe point 1 b) 2 does not apply to gas weapons specially designed to expel an inert missile using compressed air or CO2.

Note 4: SVMe 1 (b) does not apply to:

b. These weapons shall not be specially designed for military use or be automatic;

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.

Note 5: SVMe 1 (d) does not apply to optical gun sights without electronic image processing with a maximum of 9 magnification, unless they have been specially designed or modified for military use or if they do not have a built-in intentional outline specially designed for military use.

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 and accessories, as follows, and specially designed components therefor:

1. specially designed for military use; and

2. specially designed for the weapons specified in SVMe 2 (a)

Note 1: SVMe 2 (a) includes, for example, injectors, dispensing devices, 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:

b. These weapons shall not be specially designed for military use, nor shall they be automatic;

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.

Note 3: SVMe 2 (b) does not apply to signal pistols.

SVMe 3

Ammo and lighters, as follows, and specially designed components therefor:

Note 1: Specially designed components according to SVMe 3 include:

Note 2: SVMe 3 (a) does not apply to:

b. or

d. Components specially designed for the training or school (inert) ammunition referred to in points (a), (b) and (c) of this note 2.

Note 3: SVMe 3 (a) does not apply to cartridges specially designed for:

Note 4: Point SVMe 3 (a) does not apply to cartridges and their components intended and approved for sale in the Czech Republic under a 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 shall not apply if the end-user is to be armed forces, security forces and other entities involved, both indirectly and externally, in the performance of the State's 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).

1. specially designed for military use; and

2. specially designed for "activities" related to any of the following:

b. or

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:

Note 2: SVMe 4b includes:

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:

1. passive sensors having a maximum sensitivity between 100 and 400 nm; or

2. active warning sensors employing impulse Doppler detection;

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. 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 and associated alarm 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. equipment for searching, processing, recognition or identification of acquired data; and sensor data collection equipment;

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.

Technical Note

For the purposes of point SVMe 6 (a), the marking of the ground vehicle shall include, for example, trailers and semi-trailers.

b. Other ground vehicles and components, as follows:

1. Vehicles meeting all of the following conditions:

c. The gross vehicle mass exceeds 4,500 kg; and

2. components meeting all of the following:

a. Specially designed for vehicles specified in SVMe 6 (b) 1; and

Reference: See also SVMe 13 (a).

Note 1: SVMe 6 (a) includes:

b. Armoured vehicles;

Note 2: Modification of a ground vehicle for military use according to point SVMe 6 (a) means the modification of the structure, electrical or mechanical parts of the vehicle, where one or more components specially designed for military use are used. Such components include, for example:

Note 3: SVMe 6 does not apply to civil vehicles designed or modified for the transport of cash or valuables.

Note 4: SVMe 6 does not apply to vehicles that meet all of the following conditions:

a. Made before 1946;

SVMe 7

Chemical or biological toxic substances, "riot control agents," radioactive materials, related equipment, components and materials, as follows:

1. combat nerve paralytic agents:

a. O-alkyl (≤ C10 including O-cycloalkyl) alkyl (methyl, ethyl, n-propyl or ipropyl) phosphonofluoridates, such as:

Sarin (GB): O-Isopropylmethylphosphonofluoridate (CAS 107-44-8) and soman (GD): O- (3,3-dimethylbutan-2-yl) methylphosphonofluoridate (CAS 96@-@ 64@-@ 0);

b. O-alkyl (≤ C10 including O-cycloalkyl) -N, N-dialkyl (methyl, ethyl, n-propyl or ipropyl) phosphoramidocyanidates, such as:

Table (GA): O-ethyl-N, N-dimethylphosphoramidocyanide (CAS 77@-@ 81-6);

c. O- alkyl (H or ≤ C10 including O- cycloalkyl) -S- [2- N, N-dialkyl (methyl, ethyl, n-propyl or i--propylamino) ethyl] alkyl (methyl, ethyl, n-propyl or i- propyl) phosphonothioate and corresponding alkylated and protonated salts, such as:

VX: O-ethyl S- [2- (diisopropylamino) ethyl] methylphosphonothioate (CAS 50782-69-9);

2. combat blisters:

1. (2- chloroethyl) (chloromethyl) sulfide (CAS 2625-76@-@ 5);

2. bis (2-chloroethyl) sulfide (CAS 505-60-2);

3. bis (2-chloroethyl) sulfanyl methane (CAS 63869-13-6);

4.1.2-bis (2-chloroethylthio) ethanol (CAS 3563-36-8);

5. 1,3-bis (2-chloroethyl) sulfanyl propane (CAS 63905-10-2);

6.1.4-bis (2-chloroethylthio) butane (CAS 142868-93-7);

7.1.5-bis (2-chloroethylthio) pentane (CAS 142868-94-8);

8. bis (2-chloroethyl) sulfanyl methyl ether (CAS 63918-90-1);

9. bis (2-chloroethylthio) ethyl ether (CAS 63918-89-8);

1.2-chlorovinyldichlorarsan (CAS 541-25-3);

2. tris (2-chlorovinyl) arsine (CAS 40334-70-1);

3. bis (2-chlorovinyl) chlorarsan (CAS 40334-69-8);

1. GN1: bis (2-chloroethyl) ethylamine (CAS 538-07-8);

2. GN2: bis (2-chloroethyl) methylamine (CAS 51-75-2);

3. GN3: tris (2-chloroethyl) amine (CAS 555-77-1);

3. combat incapacitating agents, for example:

4. combat chemicals - defoliants, for example:

Zobrazit všechna ustanovení (925)

Čl. I Čl. II

Comments 0

To write comments, please sign in.

Regulation Information

Citation	Decree No. 308 / 2016 Coll., 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
Regulation Type	Order
Author	-
Collection	Code of Laws

Date of Promulgation	23.09.2016
Effective from	28.09.2016
Effective until	-
Status	Valid

Legal Areas: Security Commercial law State Defence Businessman, Company Administration of state (national) property Administrative offences Administrative law State (official) control Business

The regulation text is for informational purposes only.

Decree No. 308 / 2016 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

Contents

Čl. I

Contents

Comments 0

Regulation Information

Partner Websites

Favorites

Browsing History