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.

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85/2014 Sb.



The DECREE



of 9 June. in may 2014,



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



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 and § 17 paragraph. 1:



Article. (I)



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

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

as follows:



1. In section 1, footnote 1:



"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, if the

as for 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. ".



2. In article 2, the words "which is updated according to the Information of the Council 2012/C

85/01, by updating and replacing the common military list

The European Union adopted by the Council on 21. February 2011 on the basis of the relevant

Regulation of the European Union ^ 2) "including the footnote 2 shall be deleted.



3. Appendix 1:



"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:



Note: point SVMe 1 does not apply to:



a. firearms specially designed for training ammunition and rendered useless

or slices of weapons, which have been made to such irreversible modifications,

that prevent their use to fire;



(b) firearms, specially designed to launch missiles without strong

explosives or communication link over a distance of not more than 500

m;



c. weapons using Rimfire ammunition, which shall not be

Automatic.



a. rifles and combination guns, handguns, machine guns,

machine guns and firearms firing doses;



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



a. rifles and combined firearms manufactured prior to 1938;



(b) "replica" rifles and combination guns, whose originals

were made before the year 1890;



(c). handguns, firearms benefits and firing machine guns

produced before the year 1890 and their "replicas";



(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.



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);



Note: point SVMe 1 b) does not apply to:



and smooth-bore weapons produced before 1938;



(b) "replica" 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. batting industrial projectiles;



5. disruption of improvised explosive devices (IED) or



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

dual-use items.



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

the weapons "supports", optical sights and flame dampers for weapons

referred to in points 1 and SVMe), 1 (b)) and the SVMe SVMe 1 (c));



Note: point SVMe 1 d) 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;



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, and combined with smooth-bore firearms

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 intended specifically for military use, or

must not allow more than one shot per trigger;



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 device specially designed to launch missiles without

powerful explosive charges guided after the conductors or other communication

links to the distance not exceeding 500 m.



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

designed or modified for military use;



Note: item 2 (b)) SVMe does not apply to signal pistol.



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. "grips" and a removable cartridges of ammunition specially designed for

the weapons referred to in point 2 and SVMe).



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) does not apply to the debased ammunition and cuts

the ammunition, which were made irreversible editing impossible for their

the original feature and models of ammunition with a pierced shell.



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 lodge", and

simulators (i.e. equipment, which mimics the properties of any of the

These items), specially designed for military use;



Note: point SVMe) includes:



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



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



(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) lie in the handling, discharge,

asking, control, batting, detonation, activate power

one-time operational output, misleading guidance, cancellation, removal,

detection of distortion, or disposal;



Note 1: section 4 (b) SVMe) includes:



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

kg and more gas in liquid form;



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

magnetic min;



Note 2: 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.



(c) aircraft missile protection systems (AMPS)



Note: item 4 (c)) SVMe does not apply to the AMPS that meet all of these

requirements:



and 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

"the 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, specially designed for military use and components and

Accessories specially designed for them:



a. weapon sights, ballistic computer targeting systems

artillery equipment and weapon control systems.



(b) systems used to detect and indicate the objectives, to determine

distance, observing or monitoring objectives; devices for search,

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

data collection from sensors.



(c) equipment for protection against the survey for items subject to the point

SVMe 5 a) or 5 (b) SVMe);



Note: for the purposes of SVMe 5 c) includes facilities for countermeasures and

equipment for the search.



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)).



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 and trailers

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.



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 tire special types of cladding, designed as a body;



(b) armoured protection of vital parts, (e.g. fuel tanks

or vehicle cabs);



(c) special reinforcements and supports 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 "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 =

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