Decree No. 46 / 2023 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 01.03.2023
46
DECLARATION
of 14 February 2023
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 § 33 of Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on the Addition of Act No. 455 / 1991 Coll., on Commercial Business (Trade Trade Act), as amended, and Act No. 140 / 1961 Coll., the Criminal Act, as amended, as amended, as amended, as amended, as amended by Act No. 220 / 2009 Coll., Act No. 248 / 2011 Coll., and Act No. 383 / 2022 Coll., ("Act ') for the implementation of § 5 (3), § 12a (6), § 12b (17 (1) and § 22 of the Act:
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., Decree No. 159 / 2019 Coll. and Decree No. 346 / 2021 Coll., are 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 Delegated Directive (EU) 2023 / 277."
2. in § 1 (c) to (f):
"(c) details of the use of the licence certificate, 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. ';
3. Sections 4 to 6, including the headings, read:
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. '
4. Article 7 shall be deleted, including the title.
5. in Annex 1, in SVMe 1, point (d) (3), including the Technical Note:
"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, "aircraft," vessel or structure.';
6. In Annex 1 to the SVMe 1 in Note 1 (d), including the Technical Note, the following text is added:
"(d) Impaired firearms',
Technical Note:
'Impaired firearm 'is 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 incapable 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.';
7. In Annex 1, in SVMe 4, Note 1 (b), the words "or missiles' shall be inserted after the word" missiles'.
8. in Annex 1, in SVMe 6, point (a), the Technical Note shall be deleted;
9. in Annex 1, in SVME 6, point (b) (1) (a) shall read:
"(a) materials or components providing ballistic protection level III (NIJ 0108.01, September 1985) or" comparable standards, "or higher, have been manufactured or fitted,"
10. In Annex 1, in SVMe 10, point (f), "ground equipment 'is replaced by" ground equipment' and the Technical Note is deleted.
11. In Annex 1, in SVMe 10, the following Note 8 is added at the end:
"Note 8: Point SVMe 10 (f) includes, for example, fuel pressurisation equipment and equipment designed to facilitate operations in restricted spaces, including equipment on board a ship. ';
12. In Annex 1, the title in SVMe 13 reads as follows:
"Armoured or protective equipment, structures, components and accessories, as follows: ';
13. in Annex 1, point (c) of the SVMe, including the reference, shall read:
"(c) helmets and specially designed components and accessories therefor, as follows:
1. helmets manufactured according to military standards or specifications or comparable national standards,
2. shells, inner sheets or padding specially designed for helmets specified in SVMe 13 (c) 1.
3. elements of additional ballistic protection specially designed for helmets specified in SVMe 13 (c) (1).
N.B.: For other components or accessories of military helmets see the relevant SVMe item. ';
14. in Annex 1 in SVMe 13 Note 3:
"Note 3: Point SVMe 13 (c) does not apply to helmets which meet all of the following conditions:
a. First produced before 1970; and
c.
15. in Annex 1, SVMe 18, point (b), the words "not listed elsewhere" shall be inserted after the words "equipment."
16. In Annex No 1, in the Definitions of terms used in this list, the entry:
"" 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. ';
delete.
17. In Annex No 1, in the Definitions of terms used in this list, the entry:
"" Program "
The sequence of instructions for the execution of the process in the form practicable by, or transferable to, an electronic computer. '
delete.
18. 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 "microprograms" which is captured on any material medium of information. ';
is replaced by the following:
"SVMe 4, 11, 21" Software "
A set of one or more "programmes" or "microprograms" which is captured on any material medium of information.
Technical Note 1:
"Program"
A sequence of instructions for the execution of a process in the form practicable by or by an electronic computer.
Technical Note 2:
"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. ';
19. In Annex No 1, in the Definitions of terms used in this list, the entry:
"SVMe 10" Airship "
Powered air vehicle which is maintained in the air by means of a gas body (usually helium, formerly hydrogen) lighter than air. '
delete.
20. In Annex 1, in the Definitions of Terms used in this list, the following Technical Note is added under "SVMe 10 ':
"Technical Note:
"Airship."
Powered air medium which is maintained in the air by means of a gas body (usually helium, formerly hydrogen) lighter than air. '
21. In Annex No 1, in the Definitions of terms used in this list, the entry:
"SVMe 1" Impaired Firearm "
A firearm that has been degraded by procedures established by an EU Member State or by a State body of the signatory country of the Wassenaar Arrangement in such a way that it is unable to fire. These procedures shall permanently 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 the firearm with the mark of its essential part. ';
delete.
22.
"Annex 3 to Decree No 210 / 2012 Coll.
Information on the use of licence certificates pursuant to § 12a (6) and § 12b (6) of the Act
The data on the use of licence certificates are:
(a) the licence certificate number,
(b) the calendar year and half-year for which the information is submitted;
(c) the serial number corresponding to the description of the goods in the licence certificate, if the licence certificate contains it;
(d) the name of the goods and their classification as military goods;
(e) the quantity used if the licence certificate contains it and the unit of measurement;
f) value used in CZK,
(g) the exchange rate difference where the licence certificate has been used during the reference period and the value differs as a result of a change in the exchange rate of a currency other than that at the time the licence certificate was issued;
(h) any comments made on the foreign trade in military material; and
(i) the date of processing of the information.
Příloha č. 4
Annex No 4 to Decree No 210 / 2012 Coll.
Information on the use of the licence
The licence applications are:
(a) the licence number or registration mark of the general licence;
(b) the calendar year and half-year for which the information is submitted;
(c) the serial number corresponding to the description of the goods in the licence, if the licence contains them;
(d) the name of the goods and their classification as military goods;
(e) a business firm or name and registered office, or the name or, where applicable, the name, surname and registered office of a foreign contract partner, in respect of a general licence granted under Article 22b (1) (a) and (b) of the Act or a summary licence granted under Article 22c of the Act;
(f) a commercial firm or name and registered office, or the name or, where applicable, the name, surname and registered office of the end-user in respect of a general licence granted under Article 22b (1) (a) and (b) of the Act or a summary licence granted under Article 22c of the Act;
(g) the name of the State to which the goods have been transferred in respect of a general licence granted under § 22b (1) (a) to (d) of the Act or a summary licence granted under § 22c of the Act;
(h) the quantity used if the licence contains it and the unit of measurement;
i) value used in CZK,
(j) for licences enabling import, export or purchase and sale of information as to whether it is an import or export or, respectively, purchase or sale;
(k) the exchange rate difference where the licence was used during the reference period and the value differs as a result of a change in the rate of a currency other than that at the time of issue;
(l) any comments on the foreign trade in military material carried out; and
(m) the date of processing of the information.
Příloha č. 5
Annex No 5 to Decree No 210 / 2012 Coll.
Data required for the application for an international import certificate
The data required for the application for an international import certificate shall be:
(a) the company or name and registered office or name or, where appropriate, the name, surname and registered office of the exporter;
(b) the trading firm or the name and registered office or the name or, where appropriate, the name, surname and registered office of the end-user;
(c) the authorisation number;
(d) the licence number if the international import certificate is to be issued for the licence already issued;
(e) the reference number of the licence application if the international import certificate is to be issued for the ongoing administrative procedure for the licence application;
(f) the order number concerning the intended import of military material;
(g) the purpose of the import also indicated in English, if this information is to be part of an international import certificate;
(h) the name of the military goods listed in the Military Goods Controls, also in English, if this information is to be part of an international import certificate, its quantities and its specific unity, and, for the relevant military material listed in Annex 2, the registration or production numbers, if any;
(i) the item on the list of military material set out in Annex 1;
(j) the number, heading or subheading of the Combined Nomenclature of the Customs Tariff,
k) offer or contract price per unit of quantity of military material and total price in CZK and foreign currency if this information is to be part of an international import certificate;
(l) a declaration by the applicant that the military material referred to in the application for the issue of an international import certificate is obliged to be imported into the Czech Republic without changing its direction, shipping or re-exporting it to another destination without prior authorisation by the responsible Czech authority or, where required by that authority, by the competent authority of the foreign Contracting State;
(m) an undertaking to notify the applicant immediately of any change to the data or intention to amend it and where a certificate of verification of delivery is required to obtain the certificate and ensure its exposure in accordance with such a requirement; and
(n) any additional declaration by the applicant, if required by the foreign contracting State for whose purposes the international import certificate is to be issued. "
23. Annexes 6 to 8 are deleted.
Efficacy
This Decree shall take effect on 1 March 2023, with the exception of points 1 and 5 to 21 of Article I, which shall take effect on 7 June 2023.
Minister:
Ing. Síkela v. r.
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Regulation Information
| Citation | Decree No. 46 / 2023 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 | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.02.2023 |
|---|---|
| Effective from | 01.03.2023 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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