What is Decree No. 346 / 2021 Coll.?

Decree No. 346 / 2021 Coll., amending Decree No. 210 / 2012 Coll., implementing 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. 346 / 2021 Coll. effectiveness?

Decree No. 346 / 2021 Coll. became effective 07.10.2021.

Is Decree No. 346 / 2021 Coll. still valid?

Yes, Decree No. 346 / 2021 Coll. is still valid and effective.

How many times was it Decree No. 346 / 2021 Coll. amended?

Decree No. 346 / 2021 Coll. has 3 time versions of the text.

Decree No. 346 / 2021 Coll. - Decree amending Decree No. 210 / 2012 Co...

153

DECLARATION

of 22 September 2021

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., Decree No. 48 / 2015 Coll., Decree No. 308 / 2016 Coll., Decree No. 171 / 2017 Coll., Decree No. 31 / 2018 Coll. and Decree No. 159 / 2019 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, as amended by Commission Delegated Directive (EU) 2021 / 1047."

2. Annexes 1 and 2 shall read:

"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. special weapon supports,

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,"

(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, cartridge strips, swivel containers 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" equipment, cartridges 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 nozzles and front of return modules.

Note 2: SVMe 4b includes:

(a) mobile gas liquefaction equipment capable of producing 1 000 kg or more of gas daily in liquid form;

(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;

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 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" where appropriate) or higher;

(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

(b) provide level III ballistic protection (NIJ 0108.01, September 1985 or "comparable standards" where appropriate) or higher.

Reference: See also SVMe 13 (a).

Note 1: SVMe 6 (a) includes:

(a) tanks and other military armed vehicles and military vehicles equipped with arms or equipment for mine laying or for firing ammunition as referred to in point SVMe 4;

(b) armoured vehicles;

(c) amphibious vehicles and vehicles capable of deep wading;

(d) rescue and rescue vehicles and vehicles for towing or transporting ammunition or weapon systems and associated handling equipment for loading and unloading;

(e) trailers and semi-trailers.

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:

a. Tyre tyres specially designed for ballistic purposes;

(b) armor protection of very important parts (e.g. fuel tanks or vehicle cabs),

(c) special reinforcement or support for arms;

(d) external lighting in the normally invisible part of the spectrum.

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) it was manufactured before 1946;

(b) do not contain items listed in the EU Common Military List manufactured after 1945, except for replica of original components or accessories; and

(c) they shall not carry the weapons referred to in points SVMe 1, SVMe 2 or SVMe 4 unless such weapons are operable and capable of firing.

SVMe 7

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

(a) "biological agent" or radioactive materials which have been selected or modified to increase efficiency in human or animal loss, damage to technology or damage to crops or the environment;

(b) martial chemicals, including for example:

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-2yl) 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-[ 2N, N-dialkyl (methyl, ethyl, n-propyl or ipropylamino) ethyl] -alkyl (methyl, ethyl, n-propyl or ipropyl) phosphonothioate and corresponding alkylated and protonated salts, such as:

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

2. combat blisters:

(a) sulphuric yperites, such as:

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);

Citation	Decree No. 346 / 2021 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	24.09.2021
Effective from	07.10.2021
Effective until	-
Status	Valid

Decree No. 346 / 2021 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

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Čl. I

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