Decree No. 85 / 2014 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 17.05.2014
Zobrazeno prvních 200 z celkem 957 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
85
DECLARATION
of 9 May 2014
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 Enterprise (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 implementation of § 5 (3) and § 17 (1):
Decree No. 210 / 2012 Coll., on the implementation of certain provisions of Act No. 38 / 1994 Coll., on Foreign Trade in Military Material, is amended as follows:
1. In Section 1, footnote 1 reads:
"(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 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. ';
2. In Article 2, the words "updated pursuant to Council Information 2012 / C 85 / 01 updating and replacing the Common Military List of the European Union adopted by the Council on 21 February 2011 on the basis of the relevant European Union2 Regulation ', including footnote 2, are deleted.
3. Annex 1 shall read as follows:
"Annex No 1 to Decree No 210 / 2012 Coll.
LIST OF MILITARY MATERIALS
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:
Note: SVMe 1 does not apply to:
b.
a.
b.
b.
Note: SVMe 1 (a) does not apply to:
b.
a.
b.
d. revolvers and pistols other than automatic, designed and approved for sale in the Czech Republic according to the Czech general law, as well as similar to those in the importing country, although 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 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.
b. Smooth bore weapons, as follows:
1. smooth-bore weapons specially designed for military use;
2. other smooth-bore weapons, namely:
b.
c.
Note: SVMe 1 (b) does not apply to:
b.
a.
b. These weapons shall not be specially designed for military use or be automatic;
b.
1. slaughter of domestic animals;
2. Animal narcotics;
3. seismic testing;
4. the firing of industrial projectiles;
5. interference with improvised explosive devices (IED); or
N.B.: Disruptors see SVMe 4 and 1A006 on the EU Dual-Use List.
b.
b.
Note: 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 cross 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:
b.
Note 1: SVMe 2 (a) includes 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:
b.
c.
b.
b. These weapons shall not be specially designed for military use, nor shall they permit more than one shot to be fired at a single trigger press;
c.
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.
a.
a.
Note: SVMe 2 (b) does not apply to signal pistols.
b.
1. specially designed for military use; and
2. specially designed for the weapons specified in SVMe 2 (a).
b.
SVMe 3
Ammo and lighters, as follows, and specially designed components therefor:
b.
a.
Note 1: Specially designed components according to SVMe 3 include:
b.
a.
a.
b.
c.
Note 2: point SVMe 3 (a) does not apply to degraded ammunition and ammunition cuts on which irreversible modifications have been made to prevent their original function and to the impactor's impactor.
Note 3: SVMe 3 (a) does not apply to cartridges specially designed for the purposes of:
b.
a.
b.
Note 4: Point SVMe 3 (a) does not apply to cartridges and components intended and approved for sale in the Czech Republic according to 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 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.
b.
Note: SVMe 4.a. includes:
b.
a.
c.
1. specially designed for military use; and
2. specially designed for "activities" related to any of the following:
b. or
a.
Technical Note
For the purposes of heading SVMe 4 (b) (2), handling, discharge, laying, control, launching, detonation, activation, supply of single-use power, misleading guidance, interference, removal, detection of disturbances, or disposal;
Note 1: SVMe 4 (b) includes:
b.
a.
Note 2: point SVMe 4 (b) does not apply to hand-held and pocket-held devices which, by their determination, are limited to the detection of metal objects and are not capable of distinguishing mines from other metal objects.
c. Aircraft Missile Protection Systems (AMPS)
Note: SVMe 4 (c) does not apply to AMPS meeting all of the following requirements:
b.
1. passive sensors having a maximum sensitivity between 100 and 400 nm; or
2. active warning sensors employing impulse Doppler detection;
c.
b.
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:
a. Civil type certificate; 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 warning and warning equipment, as follows, and related systems and test and routing equipment and equipment, specially designed for military use, and components and accessories therefor, as follows:
b.
a. search, processing, recognition and identification equipment; and sensor data collection equipment.
b.
Note: For the purposes of SVMe 5 (c) includes both countermeasures and search devices.
c.
SVMe 6
Ground vehicles and components, as follows:
Reference: See SVMe 11 for guidance and navigation equipment.
b.
Technical Note
For the purposes of point SVMe 6 (a), the marking of the ground vehicle includes trailers and semi-trailers.
b. Other ground vehicles and components, as follows:
1. vehicles which meet all of the following conditions:
b.
a.
c. The gross vehicle mass exceeds 4,500 kg; and
b.
2. components meeting all of the following:
a. Specially designed for vehicles specified in SVMe 6 (b) 1; and
a.
Reference: see also SVMe 13 (a).
Note 1: SVMe 6 (a) includes:
b.
b. Armoured vehicles;
b.
b.
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:
b.
a.
b.
b.
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;
a.
b.
SVMe 7
Chemical or biological toxic substances, "riot control agents," radioactive materials, related equipment, components and materials, as follows:
b.
a.
1. combat nerve paralytic agents:
a. O-alkyl (≤ C10 including O-cycloalkyl) alkyl (methyl, ethyl, n-propyl or ipropyl) phosphonofluoridates, e.g.: sarin (GB): O-isopropylmethylphosphonofluoridate (CAS 107-44-8); and
a.
b. O- alkyl (≤ C10 including O- cycloalkyl) -N, N-dialkyl (methyl, ethyl, n-propyl or ipropyl) phosphoramidocyanidates, e.g.: 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. warring agents:
b.
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);
a.
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);
b.
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:
b.
4. combat chemicals - defoliants, for example:
a.
b. A mixture of 2,4,5-trichlorophenoxyacetic acid (CAS 93-76-5) with 2,4- dichlorophenoxyacetic acid (CAS 94-75-7) (Agent Orange (CAS 39277-47@-@ 9)).
b.
1. Alkyl (methyl, ethyl, n-propyl or ipropyl) phosphonyl difluoride, such as:
DF: Methylphosphonyl difluoride (CAS 676-99-3);
2. O-alkyl (H or ≤ C10 including cycloalkyl) -O-2-N, N-dialkyl (methyl, ethyl, n-propyl or ipropyl) aminoethyl alkyl (methyl, ethyl, n-propyl or ipropyl) phosphonites and corresponding alkylated and protonated salts, such as:
QL: 2- (Diisopropylamino) ethylmethylphosphonite (CAS 57856-11-8);
3. chlorosarin: O-Isopropylmethylphosphonochloridate (CAS 1445-76@-@ 7);
4. Chlorosoman: O- (3; 3; 3-dimethylbutan-2-yl) methylphosphonochloridate (CAS 7040-57@-@ 5).
b.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 85 / 2014 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 | 15.05.2014 |
|---|---|
| Effective from | 17.05.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0