210/2012 Sb.
DECREE
of 13 October. June 2012
on the implementation of certain provisions of Act No. 38/1994 Coll. on foreign
trade in military materials
85/2014: Sb.
48/2015: Sb.
The Ministry of industry and trade, in agreement with the Ministry of foreign
Affairs, Ministry of defence and the Ministry of the Interior shall be determined according to § 33
Act No. 38/1994 Coll., on foreign trade with military material and on the
additions to law No. 455/1991 Coll., on trades
(Trade Act), as subsequently amended, and Act No.
140/1961 Coll., the criminal code, as amended by later regulations, as amended by
Act No. 220/2009 Coll. and Act No. 248/2011 Coll., to implement section 5 para.
3, § 9 para. 3, article 15, paragraph 2. 6, § 17 para. 1, section 20 (2). 4 and § 23 paragraph 1.
4:
§ 1
The subject matter of the legislation
This Decree incorporates the relevant provisions of the European Union ^ 1) and
modifies the
and the list of military goods)
(b) a list of the major military equipment),
c) patterns of extradition requests authorization to perform foreign trade with
military material,
d) patterns of applications for grant of a license,
(e) information on the use of) the scope of the license,
f) model application for issue of the certificate.
§ 2
List of military material
List of military equipment provided for in annex 1 to this notice.
§ 3
List of major military equipment
A list of significant military material is given in annex 2 to this
the Decree.
§ 4
Model application for authorisation
(1) an application for authorisation for a legal entity is given in annex No.
3 to this notice.
(2) an application for authorisation for a physical person is given in annex No 4
to this Decree.
§ 5
Patterns of applications for licensure
(1) a model application for grant of a licence to a legal person for export and import
military goods outside the European Union is given in annex No 5
to this Decree.
(2) a model application for grant of license to purchase military equipment and its
the subsequent sale to a non-Member State of the European Union is
listed in annex 6 to this Ordinance.
§ 6
A range of information on the use of license
A range of information on the use of licence is set out in Appendix 7 to this
the Decree.
§ 7
Model application for issue of a certificate
Model application for issue of the certificate is given in annex 8 to this
the Decree.
§ 8
Regulation (EEC)
Decree 332/2009 Coll., on the implementation of certain provisions of law No.
38/1994 Coll., on foreign trade with military material and
Act No. 455/1991 Coll., on trades (Trade Act),
in the wording of later regulations, and Act No. 140/1961 Coll., the criminal code,
in the wording of later regulations, as amended, is hereby repealed.
§ 9
The effectiveness of the
This Decree shall enter into force on 30 April 2005. June 2012.
Minister:
Mudr. Cuba in r.
Annex 1
List of military material
SVMe 1
Smooth-bore weapons with a calibre of less than 20 mm, other arms and
automatic weapons with a calibre of 12.7 mm (calibre 0.50 inches) or less,
accessories and specially designed components therefor:
a. rifles and combined firearms, short firearms, machine guns,
machine guns and other automatic weapons;
b. smooth-bore weapons:
1. smooth-bore weapons specially designed for military use;
2. other smooth-bore weapons, as follows:
a. automatic weapons;
b. of the semi-automatic weapon or weapon system pump action (with sliding
the forend);
c. weapons using caseless ammunition and non-lethal weapons
paralyzing an electric pulse with a newly-developed ejection contacts (tasery);
d. removable cartridges of ammunition, muffler, special
mountings, shock absorber optical sights and a flame for weapons listed
in paragraphs 1 and SVMe), 1 (b)) and SVMe SVMe 1 c).
Note 1: Section SVMe 1 does not apply to:
a. firearms specially designed for school (inert) ammunition and
deactivated guns, which have been made to such irreversible modifications,
that prevent their use to fire;
(b) firearms, specially designed to discharge projectiles with no attached
explosives explosives or without communication link over a distance of
not exceeding 500 m;
c. weapons using Rimfire ammunition, which are not
Automatic;
d. revolvers and pistols in addition to automatic, designed and approved for sale
in the Czech Republic by the Czech generally binding legal regulation,
so at the same time, mutatis mutandis, for sale in the country of importation, even if they were originally specially
designed or modified for military use, and specially
designed components therefor, if these components are not fit for
pistols and revolvers other than referred to in this note. It
does not apply if the end user to be the armed forces,
safety councils and other bodies involved in the implementation and indirectly
the tasks of the external or internal security of the State.
Note 2: point 1 and SVMe) does not apply to:
a. rifles and combined firearms manufactured earlier than 1938;
b. replica rifles and combined firearms whose originals
were made before the year 1890;
c. short firearms, firearms and automatic machine guns manufactured
before the year 1890, and their reproductions;
d. rifles or short firearms specially designed for shooting
inert projectiles using compressed air or CO2.
Note 3: point 1 b) SVMe 2 does not apply to weapons specially designed to
the ouster of inert projectiles using compressed air or CO2.
Note 4: point SVMe 1 b) does not apply to:
a. smooth-bore weapons manufactured earlier than 1938;
b. smooth-bore weapons, the originals of which were manufactured
a year ago, 1890;
c. smooth-bore weapons used for hunting or sporting purposes.
These weapons must not be intended specifically for military use, or
It may not be automatic;
(d). smooth-bore weapons specially designed for the following purposes:
1. the slaughter of domestic animals;
2. narkotizace of the animals;
3. seismic testing;
4. Firing projectiles or industrial
5. disruption of improvised explosive devices (IEDS).
Link: Disruptors see section SVMe 4 and item 1A006 on the list of EU goods
dual-use items.
Note 5: Section 1 d) SVMe does not apply to optical weapon sights without
electronic image processing with a maximum magnification of 9násobným, if
not specially designed or modified for military use, or if the
do not have a built-in reticle specially designed for military use.
SVMe 2
Smooth-bore weapons with a calibre of 20 mm, other arms and armament with a calibre
greater than 12.7 mm (calibre 0.50 inches), projectors and accessories, and
also specially designed components therefor:
a. guns, howitzers, Cannon, mortars, anti-tank weapons, rocket launchers,
military flame throwers, recoilless rifles, rifles, weapons with a smooth
-bore and their suppression effects when fired;
b. smoke, gas and pyrotechnic throwers or generators specifically
designed or modified for military use;
c. weapons sights and mounts for weapon sights having all of the
the following properties:
1. specially designed for military use;
2. specially designed for weapons referred to in point 2 and SVMe)
d. handles and detachable magazines of ammunition specially designed for weapons
referred to in point 2 and SVMe)
Note 1: Section SVMe 2 and) includes injectors, metering devices,
storage tanks and other specially designed components for use with
hydraulic drive for any of the charges referred to in section SVMe
2 a).
Note 2: Section 2 and SVMe) does not apply to the following weapons:
a. rifles, smooth-bore weapons and combined firearms
manufactured earlier than 1938;
(b) replica rifles, weapons. smooth-bore firearms and combined
weapons, the originals of which were manufactured before the year 1890;
c. Cannon, howitzers, cannons and mortars produced before the year 1890;
(d). smooth-bore weapons used for hunting or sporting purposes.
These weapons must not be specially designed for military use, or
It may not be automatic;
e. smooth-bore weapons specially designed for the following purposes:
1. the slaughter of domestic animals;
2. narkotizace of the animals;
3. seismic testing;
4. Firing projectiles or industrial
5. disruption of improvised explosive devices (IEDS).
Link: Disruptors see section SVMe 4 and item 1A006 on the list of EU goods
dual-use items.
f. manual launchers specially designed to discharge attached
the projectile without explosives explosives or communication link over a distance of
not exceeding 500 m.
Note 3: point SVMe 2 b) does not apply to signal pistols.
SVMe 3
Ammunition and lighters, and specially designed components therefor:
a. ammunition for the weapons referred to in points 1, 2 SVMe SVMe and SVMe 12;
b. specially designed for the lighter ammunition referred to in point 3 and to the SVMe).
Note 1: the special Components by specifying referred to in point 3 shall include SVMe:
a. metal or plastic parts, such as anvils matches, coats
missiles, ammunition belts, Rotary tanks and munitions metal parts;
b. lock-off device, the locking and lighters, sensors and initiation
equipment;
c. energy sources with high one-time operational output;
d. combustible cartridge case;
e. submunitions including pumiček, small mines and missiles with the end.
Note 2: point SVMe 3) does not apply to:
a. training ammunition without missiles;
b. School (inert) ammunition with a pierced shell;
(c) additional training or school (inert) ammunition, which does not include components
designed for ammunition; or
d. components specially designed for training or school (inert) ammunition
referred to in (a)), b) and (c)) of this note 2.
Note 3: point 3 and SVMe) does not apply to ammunition specially designed for
purpose:
a. signalling;
b. scaring birds or
(c). zažíhání bearing gas leakage on oil wells.
Note # 4: point 3 and SVMe) does not apply to the hub and their components
designed and approved for sale in the Czech Republic by the Czech General
a binding act, at the same time, mutatis mutandis, for sale in the country
imports, even if they were originally specially designed or modified for
military use. This does not apply if the end user to be
the armed forces, security corps and other entities, involved in and
indirectly to the performance of the tasks of the external or internal security of the State.
SVMe 4
Cougars (air), torpedoes, rockets, missiles, other explosive
devices and charges and related equipment and accessories and components
specially designed for them:
Link 1: guidance and navigation equipment, see section SVMe 11.
Link 2: missile Protection Systems (AMPS) see point SVMe 4
(c)).
a. bombs, torpedoes, grenades, smoke bombs, rockets, mines, rocket
missiles, depth charges, demolition charges, demolition equipment,
demolition kits, "pyrotechnic" devices, cartridges and simulators (i.e..
equipment that mimics the properties of any of these items),
specially designed for military use;
(b) equipment that meets all of the following:
1. specially designed for military use;
2. specially intended for, activities ' related with anything from
Next:
a. articles in section 4 and SVMe); or
(b). improvised explosive devices (IEDS).
Technical Note:
For the purposes of point (b) of item 4 SVMe) 2, activities ' in the handling,
discharges, asking, control, batting, detonation, activation, power supply
one-time operational output, false guidance, cancellation, removal,
detection of distortion, or disposal.
c. missile Protection Systems (AMPS)
Note 1: Section 4 and SVMe) includes:
smoke grenades, and bombs, incendiary bombs lighting and explosive devices;
b. missile nozzle and front of the return of the modules.
Note 2: point SVMe 4b includes:
a. mobile gas liquefying capable of producing 1 000 per day
kg or more gas in liquid form;
(b). the floating electric conductive cables suitable for the removal of
magnetic mines.
Note 3: point SVMe 4 b) does not apply to handheld and Pocket
devices that are intended, limited to the detection of metal objects
and they are not able to distinguish mines from other metal objects.
Note 4: point SVMe 4 c) does not apply to AMPS that meet all of these
requirements:
and if it has any of these warning sensors;
1. passive sensors with a maximum sensitivity of between 100 and 400 nm; or
2. active warning sensors using pulsed Doppler detection;
b. systems výmetnic decoys;
c. infrared decoy (flares), which use both a visible,
so the IR signal to fool missiles of the type "ground-to-air" and
d. AMPS built into "civil aircraft" and that meet all of these
requirements:
1. AMPS is functional only in the specific "civil aircraft", in which it is
This particular AMPS built and which has been issued:
a. the civil type certificate; or
(b). like the document recognized the international civil
Aviation Organization (ICAO)
2. AMPS uses to prevent unauthorized access protection to "software"
and
3. in the active mechanism is built into the AMPS, that system does not allow
work after removing it from the "civil aircraft", in which it was installed.
SVMe 5
Fire control equipment and the associated alarm and warning
equipment, and related systems and routing devices and test and
resources and countermeasures equipment, specially designed for military
use, and parts and accessories specially designed for them:
a. weapon sights, ballistic computer targeting systems
artillery equipment and weapon control systems;
b. systems used to detect or indicate the objectives to determining
distance, observing or monitoring objectives; devices for search,
processing of captured data, recognition or identification; and equipment
to collect data from sensors;
c. equipment for countermeasures for items subject to point 5 and SVMe)
or SVMe 5 (b));
d. field test or routing device designed specifically for items
referred to in points 5 and SVMe), 5 (b)) or SVMe SVMe 5 c).
Note: for the purposes of SVMe 5 c) countermeasures equipment includes
equipment for the search.
SVMe 6
Ground vehicles and components therefor:
Link: guidance and navigation equipment, see section SVMe 11.
a. ground vehicles and components therefor, specially designed or modified
for military use;
Technical note
For the purposes of point 6, and includes SVMe) designation of land vehicles, for example,
trailers and semi-trailers.
b. other ground vehicles and components therefor:
1. Vehicles that meet all of these conditions:
a. have been manufactured or fitted with materials or components are
providing ballistic protection level III (NIJ 0108.01, September 1985,
button is clicked. comparable national standard) or better;
b gearbox is driven by both the front and the rear axle at the same time,
including vehicles with additional axles for load-bearing purposes with or without drive
the actuator;
(c) the gross weight of the vehicle exceeds. 4 500 kg, and
(d) the vehicle is designed or modified for use in the field outside the ground
communication;
2. components that meet all of these conditions:
a. are specially designed for the vehicles referred to in paragraph 6 (b)) SVMe 1 and
b. provide ballistic protection level III (NIJ 0108.01, September 1985,
button is clicked. comparable national standard) or better.
Link: see also section 13 and SVMe).
Note 1: Section 6 and SVMe) includes:
a. tanks and other military armed vehicles and military vehicles fitted with
medium weapons or equipment for laying of mines or firing ammunition
in accordance with section 4; SVMe
b. armoured vehicles;
c. amphibious vehicles and vehicles capable of deep wading;
d. recovery vehicles and vehicles for towing or transporting
ammunition or weapon systems and associated handling equipment for
loading and unloading.
Note 2: the adjustment of ground vehicle for military use according to section
SVMe 6) means the construction, electrical or mechanical
parts of the vehicle that is used, one or more of the designated
specially designed for military use. Such components include:
and cladding of the tyres specially designed as a body;
(b) armoured protection of vital parts, (e.g. fuel tanks
or vehicle cabs);
c. Special reinforcement or supports for the location of the weapons;
d. exterior lighting in the usually invisible part of the spectrum.
Note 3: point SVMe 6 does not apply to civilian vehicles designed or
modified for transporting cash or valuables.
Note 4: point SVMe 6 shall not apply to vehicles which comply with all the
the following conditions:
a. it was made before 1946;
b. do not contain the items specified in the EU common military list
produced after 1945, with the exception of the replica of the original components, or
accessories and
c. do not carry weapons referred to in points 1, 2 SVMe SVMe or SVMe 4, unless the
such weapons are not serviceable and are not capable of the shooting.
SVMe 7
Chemical or biological toxic substances, "the Suppression of the riot"
radioactive materials, related equipment, components and materials:
a. biological agents or radioactive materials "adapted for
the use of war "so that the casualties in humans or animals,
degrade equipment or damage crops or the
environment:
b. combat chemicals, including:
1. CW nerve agents:
a. O-alkyl (C10 including about < =-cykloalkyl)-alkyl (methyl, ethyl, n-propyl
or i-propyl) phosphonofluoridates, such as:
sarin (GB): O-isopropyl-methylfosfonofluoridát (CAS 107-44-8) and activist
(GD): O-(3.3-dimethybutan-2-yl) methylfosfonofluoridát (CAS 96-64-0);
b. O-alkyl (C10 including about < =-cykloalkyl)-N, N-dialkyl (methyl, ethyl,
n-propyl, or i-propyl) fosforamidokyanidáty, e.g.:
tabun (GA): O-ethyl-N, N-dimethylfosforamidokyanidát (CAS 77-81-6);
c. O-alkyl (H or = C10, including about
