Advanced Search

Amendment Of The Decree On The Implementation Of A Number Of Options. The Provisions Of Act No. 38/1994 Coll.

Original Language Title: změna vyhlášky o provedení někt. ustanovení zákona č. 38/1994 Sb.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
48/2015 Sb.



The DECREE



of 16 June. March 2015,



amending Decree No. 210/2012 on the implementation of certain

the provisions of Act No. 38/1994 Coll., on foreign trade with military

material, as amended by Decree No. 85/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 establish in accordance with § 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 amended, and Act No.

140/1961 Coll., the criminal code, as amended by later regulations, as amended by

Law No 220/2009 Coll. and Act No. 248/2011 Coll., to implement section 5 (3).

3:



Article. (I)



Decree No. 210/2012 on the implementation of certain provisions of law No.

38/1994 Coll., on foreign trade with military material as amended by

Decree No. 85/2014 Sb, is hereby amended as follows:



1. Footnote 1 is added:



"1) European Parliament and Council Directive 2009/43/EC of 6 May 2003. may

2009 on the simplification of the conditions of transfer products for defence purposes

within the community.



Commission directive 2012/10/EU of 22 December. March 2012, amending

European Parliament and Council directive 2009/43/EC as regards the list of

products for defence purposes.



Commission directive 2014/18/EU of 29 June. January 2014, amending

European Parliament and Council directive 2009/43/EC as regards the list of

products for defence purposes. Commission directive 2014/10

8/EU of 12 June. December



2014, amending European Parliament and Council directive 2009/43/EC,

as regards the list of products for the defence purposes. ".



2. the annex No 1 is added:



"The annex No. 1 to the Decree No. 210/2012 Sb.



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 also specially designed components therefor:



a. rifles and combination guns, 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, specifically:



a. automatic weapons;



(b) semi-automatic weapons or weapons. pump action (with sliding

the forend);



c. weapons using caseless ammunition and non-lethal weapons

a paralyzing electric impulse with developed ejection contacts (tasery);



d. removable cartridges of ammunition, muffler, special

mountings, optical sights and suppressors of the flame for the weapons listed

in points 1 and SVMe), 1 (b)) and the SVMe SVMe 1 (c)).



Note 1: section 1 SVMe shall not apply to:



a. firearms specially designed for school (inert) ammunition and

degraded the weapons, which were made to such irreversible modifications,

that prevent their use to fire;



(b) firearms, specifically intended for the deletion of the bracketed shots without

explosives or explosives without the communication link to the distance

not exceeding 500 m;



c. weapons using Rimfire ammunition, which are not

Automatic;



(d). in addition to the automatic revolvers and pistols, 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, if these components are not usable for

other than pistols and revolvers, which relates to 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 on

the tasks of the external or internal security of the State.



Note 2: point 1 and SVMe) shall not apply to:



a. rifles and combined firearms manufactured prior to 1938;



(b). the replica rifles and combination guns, 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 the launching of the

inert projectiles using compressed air or CO2.



Note 3: point 1 b 2 SVMe) shall 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:



and smooth-bore weapons produced before 1938;



b. smooth-bore weapons, whose originals were made

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. 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: see point 4 Disruptor SVMe and 1A006 on the list of EU goods

dual-use items.



Note 5: point 1 d SVMe) does not apply to optical weapon sights without

electronic image processing with a maximum of 9násobným increasing, if

not specially designed or modified for military use, or if the

do not have 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. Cannon, howitzers, Cannon, mortars, anti-tank weapons, rocket launchers,

military flame throwers, recoilless rifles, rifles, weapons with a smooth

bore and their suppression effects when shot;



(b). the smoke, gas and pyrotechnic throwers or generators specifically

designed or modified for military use;



c. weapons sights and mounts for the weapon sights with all of

the following properties:



1. specially designed for military use and



2. specially designed for weapons referred to in point 2 and SVMe)



(d) the handles and detachable magazines. ammunition specially designed for weapons

referred to in point 2 and SVMe)



Note 1: section 2 and includes SVMe) injectors, metering devices,

storage tanks and other specially designed components for use with

hydraulic drive fillings for any of the equipment referred to in point 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, whose originals were made 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. 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: see point 4 Disruptor SVMe and 1A006 on the list of EU goods

dual-use items.



f. manual launch equipment specially designed for the deletion of the bracketed

No explosives or explosive projectiles of a communication link to the distance

not exceeding 500 m.



Note 3: point 2 b SVMe) does not apply to signal pistol.



SVMe 3



Ammunition and lighters, and specially designed components therefor:



and ammunition for weapons under. 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 under point SVMe 3 include:



a. metal or plastic parts, such as anvils matches, coats

missiles, ammunition belts, Rotary tanks and munitions metal parts;



(b) lock-off device and safety, lighters, sensors and initiation

the device;



c. energy sources with high one-time operational output;



d. combustible cartridge case;



e. submunitions including pumiček, small mines and missiles with guidance.



Note 2: point 3 and SVMe) shall not apply to:



and 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 housing of gas leakage in oil wells.



Note 4: point SVMe 3 and) shall not apply to the hub and their components

designed and approved for sale in the Czech Republic by the Czech General

a binding legal act, so 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 forces and other bodies involved in and

indirectly to the fulfilment 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 point SVMe 11.



Link 2: missile systems, aircraft protection (AMPS) see point SVMe 4

(c)).



and air bombs, torpedoes, grenades, smoke bombs, rockets, mines, rocket

missiles, depth charges, demolition charges, demolition equipment,

demolition kits, "pyrotechnic" devices, cartridges and simulators (i.e..

the equipment, which 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 and



2. specially intended for, the activities of the ' associated with anything from

of the following:



a. articles 4 and in point SVMe); or



(b). improvised explosive devices (IEDS).



Technical Note:



For the purposes of point (b) of item 4 2 SVMe) consist of, activities ' in the handling,

discharge, laying, control, batting, detonation, activate power

Once operational, the flickering, interference, deletion,

detection of distortion or destruction.



(c) aircraft missile protection systems (AMPS)



Note 1: section 4 and includes SVMe):



smoke grenades, and bombs, incendiary bombs lighting and explosive devices;



b. the nozzle and front of the missile re-entry modules.



Note 2: point SVMe 4b includes:



mobile equipment and gas liquefaction plants capable of producing 1 000 per day

kg or more gas in liquid form;



(b) electrical conducting cables. floating suitable for the removal of

magnetic mines.



Note 3: point 4 b SVMe) does not apply to handheld and Pocket

the device, which they are intended, limited to the detection of metal objects

and are not able to distinguish mines from other metal objects.



Note 4: point SVMe 4 c) does not apply to the 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 they use as a visible,

so the IR signal to fool missiles of the type "ground-to-air" and



d. AMPS built in "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:



civil type certificate and; or



(b). like a document recognized by the International Organization for civil

(ICAO)



2. AMPS uses to prevent unauthorized access protection to "software"

and



3. to the AMPS is built an active mechanism that the system does not allow

work after removing from the "civil aircraft", in which it was installed.



SVMe 5



Equipment used for fire control, and related alerting and warning

equipment, and related systems and testing and equipment 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 determine

distance, observing or monitoring objectives; devices for search,

processing of the acquired data, recognition or identification; and equipment

for the collection of 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 the 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 point 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, and

trailers and semi-trailers.



(b) other land vehicles and their components:



1. Vehicles that meet all of these conditions:



and have been manufactured or fitted with materials or components are

providing ballistic protection level III (NIJ 0108.01, September 1985,

respectively. comparable national standard) or higher;



(b) the gear box is powered 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

drive;



(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

the communication;



2. components which meet all the following conditions:



and are designed specifically for the vehicles referred to in paragraph 6 (b)) 1 SVMe and



(b) provide ballistic protection. level III (NIJ 0108.01, September 1985,

respectively. comparable national standard) or better.



Link: see also paragraph 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) adjustment of construction, electrical or mechanical

parts of the vehicle which is used in one or more of the designated

specially designed for military use. Such components include:



and the 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 support for the location of the weapons;



d. external lighting in the usually invisible part of the spectrum.



Note 3: point SVMe 6 does not apply to civilian vehicles 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:



and was made before 1946;



(b). do not contain the items referred to 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 operable and are capable of firing.



SVMe 7



Chemical or biological toxic substances, "the Suppression of the riot"

radioactive materials, related equipment, components and materials:



and 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 < =-cykloalkyl) alkyl (methyl, ethyl, n-propyl

or i-propyl) phosphonofluoridates, such as:



sarin (GB): O-isopropyl-methylfosfonofluoridát, (CAS 107-44-8) soman

(GD): O-(3.3-dimethybutan-2-yl) methylfosfonofluoridát (CAS 96-64-0);



b. O-alkyl (C10 including < =-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