Commission Directive (EU) 2016/970 of 27 May 2016 amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products (Text with EEA relevance)
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Address https://gelex.eu/eli/EU/directive/2016/970@2016-05-27/en
Contents
- Preamble
- ANNEX
- ANNEX List of Defence-related Products Note 1Note 2
- ML1Smooth-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 and accessories, as follows, and specially designed components therefor: Note
- a.
- b.
- c.
- d.
- 2. a.
- 2.NoteNote a.
- ML2Smooth-bore weapons with a calibre of 20 mm or more, other weapons or armament with a calibre greater than 12,7 mm (calibre 0,50 inches), projectors and accessories, as follows, and specially designed components therefor:
- a.Note 1Note 2
- a.
- b.
- c.
- d.
- e.
- f.
- ML3Ammunition and fuze setting devices, as follows, and specially designed components therefor: a.
- b.Note 1Note 2Note 3
- b.Note 1 a.
- a.
- b.
- c.
- d.
- ML4Bombs, torpedoes, rockets, missiles, other explosive devices and charges and related equipment and accessories, as follows, and specially designed components therefor: N.B.1:N.B.2:
- a.
- b.
- 2. Technical Note: Note 1Note 2
- 2. a.
- 2. Technical Note: Note 1 a.
- c.
- d.
- 1. a.
- ML5Fire control, and related alerting and warning equipment, and related systems, test and alignment and countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor: a.
- ML6Ground vehicles and components, as follows: N.B.N.B.Note 1Note 2Note 3Note 4
- ML6Ground vehicles and components, as follows: N.B. a. Technical Note
- 1. a.
- 2. a.
- ML6Ground vehicles and components, as follows: N.B.N.B.Note 1 a.
- ML6Ground vehicles and components, as follows: N.B.N.B.Note 1Note 2 a.
- ML7Chemical or biological toxic agents, "riot control agents", radioactive materials, related equipment, components and materials, as follows: Note 1Note 2
- ML7Chemical or biological toxic agents, "riot control agents", radioactive materials, related equipment, components and materials, as follows: a.
- 1. a.
- 2. a.
- 3. a.
- 4. a.
- d.Note 1Note 2
- a.
- b.
- ML7Chemical or biological toxic agents, "riot control agents", radioactive materials, related equipment, components and materials, as follows: Note 1 a.
- ML8"Energetic materials", and related substances, as follows: N.B.1.N.B.2. Technical Notes Note 1Note 2
- ML8"Energetic materials", and related substances, as follows: N.B.1.N.B.2. Technical Notes
- 12. a.
- 13. a.
- 16. a.
- 21. a.
- 25. a.
- 31. a.
- 32. a.
- 33. a.
- 38. a.
- 1. a.
- 4. a.
- 5.Note 1Note 2Note 3
- 5. a.
- 10. a.
- 11. a.
- 3.Note 1Note 2
- 3. a.
- 6. a.
- 15. a.
- 17. a.
- a.
- b.
- c.
- ML8"Energetic materials", and related substances, as follows: N.B.1.N.B.2. Technical Notes Note 1 a.
- ML9Vessels of war (surface or underwater), special naval equipment, accessories, components and other surface vessels, as follows: N.B.
- 2. a. Technical Note
- 1. a.
- 3. a.
- 4. Technical Note
- ML10"Aircraft", "lighter-than-air vehicles", Unmanned Aerial Vehicles ("UAVs"), aero-engines and "aircraft" equipment, related equipment, and components, as follows, specially designed or modified for military use: N.B.
- i.Note 1Note 2Note 3Note 4Note 5
- i.Note 1 a.
- a.
- b.
- c.
- ML11Electronic equipment, "spacecraft" and components, not specified elsewhere on the EU Common Military List, as follows: a.NoteN.B.
- a.
- b.
- c.
- d.
- e.
- f.
- g.
- h.
- i.
- j.
- ML12High velocity kinetic energy weapon systems and related equipment, as follows, and specially designed components therefor: N.B.Note 1Note 2
- ML12High velocity kinetic energy weapon systems and related equipment, as follows, and specially designed components therefor: a.
- ML12High velocity kinetic energy weapon systems and related equipment, as follows, and specially designed components therefor: N.B.Note 1 a.
- ML13Armoured or protective equipment, constructions and components, as follows: Note 1Note 2Note 3Note 4N.B. 1N.B. 2
- ML13Armoured or protective equipment, constructions and components, as follows: a.N.B.
- ML14'Specialised equipment for military training' or for simulating military scenarios, simulators specially designed for training in the use of any firearm or weapon specified by ML1 or ML2, and specially designed components and accessories therefor. Technical Note Note 1Note 2
- ML15Imaging or countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor: NoteNote 1Note 2N.B.N.B.
- ML15Imaging or countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor: a.
- ML15Imaging or countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor: NoteNote 1 a.
- ML16Forgings, castings and other unfinished products, specially designed for items specified by ML1 to ML4, ML6, ML9, ML10, ML12 or ML19. Note
- ML17Miscellaneous equipment, materials and "libraries", as follows, and specially designed components therefor: Technical Notes 1.2.
- ML17Miscellaneous equipment, materials and "libraries", as follows, and specially designed components therefor: a.
- 3. Technical Note
- ML18'Production' equipment and components, as follows: Technical Note Note
- ML18'Production' equipment and components, as follows: a.
- ML19Directed Energy Weapon (DEW) systems, related or countermeasure equipment and test models, as follows, and specially designed components therefor: Note 1Note 2
- ML19Directed Energy Weapon (DEW) systems, related or countermeasure equipment and test models, as follows, and specially designed components therefor: a.
- ML19Directed Energy Weapon (DEW) systems, related or countermeasure equipment and test models, as follows, and specially designed components therefor: Note 1 a.
- ML20Cryogenic and "superconductive" equipment, as follows, and specially designed components and accessories therefor: a.Note
- ML21"Software" as follows: a.
- ML22"Technology" as follows: Note 1Note 2
- ML22"Technology" as follows: a.
- a.
- b.
- c. Technical Notes 1.2.3.4.
- c.
- d.
- e.
- f.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2009/43/EC of the European Parliament and the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community, and in particular Article 13 thereof,
Whereas:
(1) Directive 2009/43/EC covers all defence-related products which correspond to those listed in the Common Military List of the European Union, adopted by the Council on 19 March 2007.
(2) On 9 February 2015 the Council adopted an update Common Military List of the European Union.
(3) In accordance with the Joint Political Declaration of Member States and the Commission of 28 September 2011 on explanatory documents, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments.
(4) Directive 2009/43/EC should therefore be amended accordingly.
(5) The measures provided for in this Directive are in accordance with the opinion of the Committee on EU Transfers of Defence-related Products,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Annex to Directive 2009/43/EC is replaced by the text set out in the Annex to this Directive.
Article 2
1. Member States shall adopt and publish, by 21 September 2016 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. They shall apply those provisions from 28 September 2016. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 27 May 2016. For the Commission The President Jean-Claude Juncker
ANNEX
ANNEX List of Defence-related Products Note 1Note 2
Terms in "quotations" are defined terms. Refer to 'Definitions of Terms used in this List' annexed to this List. In some instances chemicals are listed by name and CAS number. The list applies to chemicals of the same structural formula (including hydrates) regardless of name or CAS number. CAS numbers are shown to assist in identifying a particular chemical or mixture, irrespective of nomenclature. CAS numbers cannot be used as unique identifiers because some forms of the listed chemical have different CAS numbers, and mixtures containing a listed chemical may also have different CAS numbers.
ML1Smooth-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 and accessories, as follows, and specially designed components therefor: Note
ML1. does not apply to:
a.
b.
c.
d.
a.Note
a.
Rifles and combination guns, manufactured earlier than 1938;
b.
Reproductions of rifles and combination guns, the originals of which were manufactured earlier than 1890;
c.
Handguns, volley guns and machine guns manufactured earlier than 1890, and their reproductions;
d.
Rifles or handguns, specially designed to discharge an inert projectile by compressed air or CO2.
b.
2. a.
Fully automatic type weapons;
b.
2.NoteNote a.
Smooth-bore weapons manufactured earlier than 1938;
b.
c.
d.
c.
d.Note
ML2Smooth-bore weapons with a calibre of 20 mm or more, other weapons or armament with a calibre greater than 12,7 mm (calibre 0,50 inches), projectors and accessories, as follows, and specially designed components therefor:
a.Note 1Note 2
Guns, howitzers, cannon, mortars, anti-tank weapons, projectile launchers, military flame throwers, rifles, recoilless rifles, smooth-bore weapons and signature reduction devices therefor; ML2.a. includes injectors, metering devices, storage tanks and other specially designed components for use with liquid propelling charges for any of the equipment specified by ML2.a. ML2.a. does not apply to weapons as follows:
a.
Rifles, smooth-bore weapons and combination guns, manufactured earlier than 1938;
b.
Reproductions of rifles, smooth-bore weapons and combination guns, the originals of which were manufactured earlier than 1890;
c.
Guns, howitzers, cannons and mortars, manufactured earlier than 1890;
d.
Smooth-bore weapons used for hunting or sporting purposes. These weapons must not be specially designed for military use or of the fully automatic firing type;
e.
Smooth-bore weapons specially designed for any of the following:
f.
Hand-held projectile launchers specially designed to launch tethered projectiles having no high explosive charge or communications link, to a range of less than or equal to 500 m.
b.Note
c.
d.
ML3Ammunition and fuze setting devices, as follows, and specially designed components therefor: a.
Ammunition for weapons specified by ML1, ML2 or ML12;
b.Note 1Note 2Note 3
Fuze setting devices specially designed for ammunition specified by ML3.a. Specially designed components specified by ML3 include: ML3.a. does not apply to any of the following: ML3.a. does not apply to cartridges specially designed for any of the following purposes:
b.Note 1 a.
Metal or plastic fabrications such as primer anvils, bullet cups, cartridge links, rotating bands and munitions metal parts;
b.
c.
d.
e.
b.Note 1Note 2
a.
Ammunition crimped without a projectile (blank star);
b.
Dummy ammunition with a pierced powder chamber;
c.
Other blank and dummy ammunition, not incorporating components designed for live ammunition; or
d.
Components specially designed for blank or dummy ammunition, specified in this Note 2.a., b. or c.
2Note 3
a.
Signalling;
b.
Bird scaring; or
c.
Lighting of gas flares at oil wells.
ML4Bombs, torpedoes, rockets, missiles, other explosive devices and charges and related equipment and accessories, as follows, and specially designed components therefor: N.B.1:N.B.2:
For guidance and navigation equipment, see ML11. For Aircraft Missile Protection Systems (AMPS), see ML4.c.
a.Note
a.
Smoke grenades, fire bombs, incendiary bombs and explosive devices;
b.
Missile rocket nozzles and re-entry vehicle nosetips.
b.
2. Technical Note: Note 1Note 2
Specially designed for 'activities' relating to any of the following: For the purpose of ML4.b.2. 'activities' applies to handling, launching, laying, controlling, discharging, detonating, activating, powering with one-time operational output, decoying, jamming, sweeping, detecting, disrupting or disposing. ML4.b. includes: ML4.b. does not apply to hand-held devices, limited by design solely to the detection of metal objects and incapable of distinguishing between mines and other metal objects.
2. a.
Items specified by ML4.a.; or
b.
2. Technical Note: Note 1 a.
Mobile gas liquefying equipment capable of producing 1000 kg or more per day of gas in liquid form;
b.
c.Note
a.
Any of the following missile warning sensors:
b.
Countermeasures dispensing systems;
c.
Flares, which exhibit both a visible signature and an infrared signature, for decoying surface-to-air missiles; and
d.
Installed on "civil aircraft" and having all of the following:
1. a.
A civil Type Certificate issued by civil aviation authorities of one or more EU Member States or Wassenaar Arrangement Participating States; or
b.
ML5Fire control, and related alerting and warning equipment, and related systems, test and alignment and countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor: a.
Weapon sights, bombing computers, gun laying equipment and weapon control systems;
b.
c.Note
d.
ML6Ground vehicles and components, as follows: N.B.N.B.Note 1Note 2Note 3Note 4
For guidance and navigation equipment, see ML11. See also ML13.a. ML6.a. includes: Modification of a ground vehicle for military use specified by ML6.a. entails a structural, electrical or mechanical change involving one or more components that are specially designed for military use. Such components include: ML6 does not apply to civil vehicles designed or modified for transporting money or valuables. ML6. does not apply to vehicles that meet all of the following;
ML6Ground vehicles and components, as follows: N.B. a. Technical Note
Ground vehicles and components therefor, specially designed or modified for military use; For the purposes of ML6.a. the term ground vehicles includes trailers.
b.
1. a.
Manufactured or fitted with materials or components to provide ballistic protection to level III (NIJ 0108.01, September 1985, or comparable national standard) or better;
b.
c.
d.
2. a.
Specially designed for vehicles specified in ML6.b.1.; and
b.
ML6Ground vehicles and components, as follows: N.B.N.B.Note 1 a.
Tanks and other military armed vehicles and military vehicles fitted with mountings for arms or equipment for mine laying or the launching of munitions specified by ML4;
b.
c.
d.
ML6Ground vehicles and components, as follows: N.B.N.B.Note 1Note 2 a.
Pneumatic tyre casings of a kind specially designed to be bullet-proof;
b.
c.
d.
ML6Ground vehicles and components, as follows: N.B.N.B.Note 1Note 2Note 3Note 4 a.
Were manufactured before 1946;
b.
c.
ML7Chemical or biological toxic agents, "riot control agents", radioactive materials, related equipment, components and materials, as follows: Note 1Note 2
ML7.b. and ML7.d. do not apply to the following: The cultures of cells and biological systems specified by ML7.h. and ML7.i.2. are exclusive and these sub-items do not apply to cells or biological systems for civil purposes, such as agricultural, pharmaceutical, medical, veterinary, environmental, waste management, or in the food industry.
ML7Chemical or biological toxic agents, "riot control agents", radioactive materials, related equipment, components and materials, as follows: a.
Biological agents or radioactive materials, "adapted for use in war" to produce casualties in humans or animals, degrade equipment or damage crops or the environment;
b.
1. a.
O-Alkyl (equal to or less than C10, including cycloalkyl) alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) -phosphonofluoridates, such as: Sarin (GB):O-Isopropyl methylphosphonofluoridate (CAS 107-44-8); and Soman (GD):O-Pinacolyl methylphosphonofluoridate (CAS 96-64-0);
b.
c.
2. a.
Sulphur mustards, such as:
b.
c.
3. a.
3-Quinuclidinyl benzilate (BZ) (CAS 6581-06-2);
4. a.
Butyl 2-chloro-4-fluorophenoxyacetate (LNF);
b.
c.
d.Note 1Note 2
"Riot control agents", active constituent chemicals and combinations thereof, including: ML7.d. does not apply to "riot control agents" individually packaged for personal self-defence purposes. ML7.d. does not apply to active constituent chemicals, and combinations thereof, identified and packaged for food production or medical purposes.
d.
e.
f.NoteN.B.
f.
f.Note
a.
Air conditioning units specially designed or modified for nuclear, biological or chemical filtration;
b.
Protective clothing.
g.NoteN.B.
h.
i.
2. a.
"Expression vectors";
b.
c.
ML7Chemical or biological toxic agents, "riot control agents", radioactive materials, related equipment, components and materials, as follows: Note 1 a.
Cyanogen chloride (CAS 506-77-4). See entry 1C450.a.5. on the EU Dual-Use List;
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
ML8"Energetic materials", and related substances, as follows: N.B.1.N.B.2. Technical Notes Note 1Note 2
See also entry 1C011 on the EU Dual-Use List. For charges and devices, see ML4 and entry 1A008 on the EU Dual-Use List. ML8 does not apply to the following substances unless they are compounded or mixed with the "energetic material" specified by ML8.a. or powdered metals specified by ML8.c.: ML8. does not apply to ammonium perchlorate (ML8.d.2.), NTO (ML8.a.18.) or catocene (ML8.f.4.b.), and meeting all of the following:
ML8"Energetic materials", and related substances, as follows: N.B.1.N.B.2. Technical Notes
a.
12. a.
DAAOF (DAAF, DAAFox, or diaminoazoxyfurazan);
b.
13. a.
HMX (Cyclotetramethylenetetranitramine, octahydro-1,3,5,7-tetranitro-1,3,5,7-tetrazine, 1,3,5,7-tetranitro-1,3,5,7-tetraza-cyclooctane, octogen or octogene) (CAS 2691-41-0);
b.
c.
16. a.
BNNII (Octahydro-2,5-bis(nitroimino)imidazo [4,5-d]imidazole);
b.
c.
d.
e.
21. a.
RDX (cyclotrimethylenetrinitramine, cyclonite, T4, hexahydro-1,3,5-trinitro-1,3,5-triazine, 1,3,5-trinitro-1,3,5-triaza-cyclohexane, hexogen or hexogene) (CAS 121-82-4);
b.
25. a.
NTAT (nitrotriazol aminotetrazole);
b.
31. a.
DNAM (2-oxy-4,6-dinitroamino-s-triazine) (CAS 19899-80-0);
b.
32. a.
5-azido-2-nitrotriazole;
b.
c.
d.
e.
f.
g.
h.
i.
j.
33. a.
Detonation velocity exceeding 8700 m/s, at maximum density, or
b.
38. a.
BTAT (Bis(2,2,2-trinitroethyl)-3,6-diaminotetrazine);
b.
b.
1. a.
240 seconds for non-metallized, non-halogenized "propellant";
b.
c.
c.
4. a.
Hydrazine (CAS 302-01-2) in concentrations of 70 % or more;
b.
c.
d.Note
5.Note 1Note 2Note 3
Metal fuels, fuel mixtures or pyrotechnic mixtures, in particle form whether spherical, atomised, spheroidal, flaked or ground, manufactured from material consisting of 99 % or more of any of the following: ML8.c.5. applies to explosives and fuels, whether or not the metals or alloys are encapsulated in aluminium, magnesium, zirconium, or beryllium. ML8.c.5.b. only applies to metal fuels in particle form when they are mixed with other substances to form a mixture formulated for military purposes such as liquid propellant slurries, solid propellants, or pyrotechnic mixtures. ML8.c.5.b.2. does not apply to boron and boron carbide enriched with boron-10 (20 % or more of total boron-10 content.)
5. a.
Metals, as follows, and mixtures thereof:
b.
10. a.
Mixed fuels, that incorporate both solid and liquid fuels (e.g., boron slurry), having a mass-based energy density of 40 MJ/kg or greater;
b.Note
11. a.
"Pyrotechnic" or pyrophoric materials specifically formulated to enhance or control the production of radiated energy in any part of the IR spectrum;
b.
12. a.
Containing greater than 0,5 % of particles of any of the following:
b.
c.
d.Note
d.
3.Note 1Note 2
Compounds composed of fluorine and any of the following: ML8.d.3. does not apply to chlorine trifluoride (CAS 7790-91-2). ML8.d.3 does not apply to nitrogen trifluoride (CAS 7783-54-2) in its gaseous state.
3. a.
Other halogens;
b.
c.
e.
6. a.
Nitro groups;
b.
c.
d.
e.
13. a.
Poly(epichlorohydrindiol);
b.
f.
4. a.
Butacene (CAS 125856-62-4);
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
15. a.
Neopentyl[diallyl]oxy, tri[dioctyl]phosphato-titanate (CAS 103850-22-2); also known as titanium IV, 2,2[bis 2-propenolato-methyl, butanolato, tris (dioctyl) phosphato] (CAS 110438-25-0); or LICA 12 (CAS 103850-22-2);
b.
c.
17. a.
1,1R,1S-trimesoyl-tris(2-ethylaziridine) (HX-868, BITA) (CAS 7722-73-8);
b.Note
a.
1,1H-Isophthaloyl-bis(2-methylaziridine)(HX-752) (CAS 7652-64-4);
b.
2,4,6-tris(2-ethyl-1-aziridinyl)-1,3,5-triazine (HX-874) (CAS 18924-91-9);
c.
1,1'-trimethyladipoyl-bis(2-ethylaziridine) (HX-877)(CAS 71463-62-2).
g.N.B.
ML8"Energetic materials", and related substances, as follows: N.B.1.N.B.2. Technical Notes Note 1 a.
Ammonium picrate (CAS 131-74-8);
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
w.
x.
y.
z.
aa.
bb.
cc.
dd.
ML8"Energetic materials", and related substances, as follows: N.B.1.N.B.2. Technical Notes Note 1Note 2 a.
Specially shaped and formulated for civil-use gas generation devices;
b.
c.
d.
e.
ML9Vessels of war (surface or underwater), special naval equipment, accessories, components and other surface vessels, as follows: N.B.
For guidance and navigation equipment, see ML11.
a.
2. a. Technical Note
Automatic weapons - specified in ML1., or weapons specified in ML2., ML4., ML12. or ML19., or 'mountings' or hard points for weapons having a calibre of 12,7 mm or greater; 'Mountings' refers to weapon mounts or structural strengthening for the purpose of installing weapons.
b.
c. Technical Notes 1.2.
c.
d.
b.
1. a.
Power output of 1,12 MW (1500 hp) or more; and
b.
2. a.
Power output of more than 0,75 MW (1000 hp);
b.
c.
d.
3. a.
Power output of 37,3 kW (50 hp) or more; and
b.
4. Technical Note
'Air Independent Propulsion' (AIP) systems specially designed for submarines; 'Air Independent Propulsion' (AIP) allows a submerged submarine to operate its propulsion system, without access to atmospheric oxygen, for a longer time than the batteries would have otherwise allowed. For the purposes of ML9.b.4., AIP does not include nuclear power.
c.
d.
e.
f.Note
g.
ML10"Aircraft", "lighter-than-air vehicles", Unmanned Aerial Vehicles ("UAVs"), aero-engines and "aircraft" equipment, related equipment, and components, as follows, specially designed or modified for military use: N.B.
For guidance and navigation equipment, see ML11.
a.
b.
c.
d.
e.
f. Technical Note
g.NoteN.B.
h.
i.Note 1Note 2Note 3Note 4Note 5
Controlled opening equipment or automatic piloting systems, designed for parachuted loads. ML10.a. does not apply to "aircraft" and "lighter-than-air vehicles" or variants of those "aircraft" specially designed for military use, and which are all of the following: ML10.d. does not apply to: For the purposes of ML10.a. and ML10.d., specially designed components and related equipment for non-military "aircraft" or aero-engines modified for military use applies only to those military components and to military related equipment required for the modification to military use. For the purposes of ML10.a., military use includes: combat, military reconnaissance, assault, military training, logistics support, and transporting and airdropping troops or military equipment. ML10.a. does not apply to "aircraft" that meet all of the following:
i.Note 1 a.
Not a combat aircraft;
b.
c.
i.Note 1Note 2
a.
Aero-engines designed or modified for military use which have been certified for civil use by civil aviation authorities of one or more EU Member States or Wassenaar Arrangement Participating States for use in "civil aircraft", or specially designed components therefor;
b.
Reciprocating engines or specially designed components therefor, except those specially designed for "UAVs".
2Note 3Note 4Note 5
a.
Were first manufactured before 1946;
b.
Do not incorporate items specified by the EU Common Military List, unless the items are required to meet safety or airworthiness standards of civil aviation authorities of one or more EU Member States or Wassenaar Arrangement Participating States; and
c.
Do not incorporate weapons specified by the EU Common Military List, unless inoperable and incapable of being returned to operation.
ML11Electronic equipment, "spacecraft" and components, not specified elsewhere on the EU Common Military List, as follows: a.NoteN.B.
Electronic equipment specially designed for military use and specially designed components therefor ; ML11.a. includes: For "software" associated with military "Software" Defined Radio (SDR), see ML21.
a.Note
a.
Electronic countermeasure and electronic counter-countermeasure equipment (i.e. equipment designed to introduce extraneous or erroneous signals into radar or radio communication receivers or otherwise hinder the reception, operation or effectiveness of adversary electronic receivers including their countermeasure equipment), including jamming and counter-jamming equipment;
b.
Frequency agile tubes;
c.
Electronic systems or equipment, designed either for surveillance and monitoring of the electro-magnetic spectrum for military intelligence or security purposes or for counteracting such surveillance and monitoring;
d.
Underwater countermeasures, including acoustic and magnetic jamming and decoy, equipment designed to introduce extraneous or erroneous signals into sonar receivers;
e.
Data processing security equipment, data security equipment and transmission and signalling line security equipment, using ciphering processes;
f.
Identification, authentification and keyloader equipment and key management, manufacturing and distribution equipment;
g.
Guidance and navigation equipment;
h.
Digital troposcatter-radio communications transmission equipment;
i.
Digital demodulators specially designed for signals intelligence;
j.
"Automated command and control systems".
b.
c.
ML12High velocity kinetic energy weapon systems and related equipment, as follows, and specially designed components therefor: N.B.Note 1Note 2
For weapon systems using sub-calibre ammunition or employing solely chemical propulsion, and ammunition therefor, see ML1 to ML4. ML12 includes the following when specially designed for kinetic energy weapon systems: ML12 applies to weapon systems using any of the following methods of propulsion:
ML12High velocity kinetic energy weapon systems and related equipment, as follows, and specially designed components therefor: a.
Kinetic energy weapon systems specially designed for destruction or effecting mission-abort of a target;
b.
ML12High velocity kinetic energy weapon systems and related equipment, as follows, and specially designed components therefor: N.B.Note 1 a.
Launch propulsion systems capable of accelerating masses larger than 0,1 g to velocities in excess of 1,6 km/s, in single or rapid fire modes;
b.N.B.
c.
d.
ML12High velocity kinetic energy weapon systems and related equipment, as follows, and specially designed components therefor: N.B.Note 1Note 2 a.
Electromagnetic;
b.
c.
d.
e.
ML13Armoured or protective equipment, constructions and components, as follows: Note 1Note 2Note 3Note 4N.B. 1N.B. 2
ML13.b. includes materials specially designed to form explosive reactive armour or to construct military shelters. ML13.c. does not apply to conventional steel helmets, neither modified or designed to accept, nor equipped with any type of accessory device. ML13.c. and d. do not apply to helmets, body armour or protective garments, when accompanying their user for the user’s own personal protection. The only helmets specially designed for bomb disposal personnel that are specified by ML13. are those specially designed for military use. See also entry 1A005 on the EU Dual-Use List. For "fibrous or filamentary materials" used in the manufacture of body armour and helmets, see entry 1C010 on the EU Dual Use List.
ML13Armoured or protective equipment, constructions and components, as follows: a.N.B.
Metallic or non-metallic armoured plate, having any of the following: For body armour plate, see ML13.d.2.
a.
b.
c.
d.
ML14'Specialised equipment for military training' or for simulating military scenarios, simulators specially designed for training in the use of any firearm or weapon specified by ML1 or ML2, and specially designed components and accessories therefor. Technical Note Note 1Note 2
The term 'specialised equipment for military training' includes military types of attack trainers, operational flight trainers, radar target trainers, radar target generators, gunnery training devices, anti-submarine warfare trainers, flight simulators (including human-rated centrifuges for pilot/astronaut training), radar trainers, instrument flight trainers, navigation trainers, missile launch trainers, target equipment, drone "aircraft", armament trainers, pilotless "aircraft" trainers, mobile training units and training equipment for ground military operations. ML14 includes image generating and interactive environment systems for simulators, when specially designed or modified for military use. ML14 does not apply to equipment specially designed for training in the use of hunting or sporting weapons.
ML15Imaging or countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor: NoteNote 1Note 2N.B.N.B.
ML15.f. includes equipment designed to degrade the operation or effectiveness of military imaging systems or to minimize such degrading effects. In ML15, the term specially designed components includes the following when specially designed for military use: ML15 does not apply to "first generation image intensifier tubes" or equipment specially designed to incorporate "first generation image intensifier tube". For the classification of weapons sights incorporating "first generation image intensifier tubes" see ML1., ML2. and ML5.a. See also entries 6A002.a.2. and 6A002.b. on the EU Dual-Use List.
ML15Imaging or countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor: a.
Recorders and image processing equipment;
b.
c.
d.
e.
f.
ML15Imaging or countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor: NoteNote 1 a.
Infrared image converter tubes;
b.
c.
d.
e.
f.
g.
h.
i.
j.
ML16Forgings, castings and other unfinished products, specially designed for items specified by ML1 to ML4, ML6, ML9, ML10, ML12 or ML19. Note
ML16. applies to unfinished products when they are identifiable by material composition, geometry or function.
ML17Miscellaneous equipment, materials and "libraries", as follows, and specially designed components therefor: Technical Notes 1.2.
Not used since 2014. For the purpose of ML17, 'modified' means any structural, electrical, mechanical, or other change that provides a non-military item with military capabilities equivalent to an item which is specially designed for military use.
ML17Miscellaneous equipment, materials and "libraries", as follows, and specially designed components therefor: a.
Diving and underwater swimming apparatus, specially designed or modified for military use, as follows:
b.
c.
d.
e.
3. Technical Note
Specially designed or rated for operating in an electro magnetic pulse (EMP) environment; Electro-magnetic pulse does not refer to unintentional interference caused by electromagnetic radiation from nearby equipment (e.g. machinery, appliances or electronics) or lightning.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
ML18'Production' equipment and components, as follows: Technical Note Note
For the purposes of ML18, the term 'production' includes design, examination, manufacture, testing and checking. ML18.a. and ML18.b. include the following equipment:
ML18'Production' equipment and components, as follows: a.
Specially designed or modified 'production' equipment for the 'production' of products specified by the EU Common Military List, and specially designed components therefor;
b.
ML18'Production' equipment and components, as follows: Technical Note Note a.
Continuous nitrators;
b.
c.
d.
e.
f.
g.
h.
i.
j.
ML19Directed Energy Weapon (DEW) systems, related or countermeasure equipment and test models, as follows, and specially designed components therefor: Note 1Note 2
DEW systems specified by ML19 include systems whose capability is derived from the controlled application of: ML19 includes the following when specially designed for DEW systems:
ML19Directed Energy Weapon (DEW) systems, related or countermeasure equipment and test models, as follows, and specially designed components therefor: a.
"Laser" systems specially designed for destruction or effecting mission-abort of a target;
b.
c.
d.
e.
f.
ML19Directed Energy Weapon (DEW) systems, related or countermeasure equipment and test models, as follows, and specially designed components therefor: Note 1 a.
"Lasers" of sufficient power to effect destruction similar to the manner of conventional ammunition;
b.
c.
ML19Directed Energy Weapon (DEW) systems, related or countermeasure equipment and test models, as follows, and specially designed components therefor: Note 1Note 2 a.
Prime power generation, energy storage, switching, power conditioning or fuel-handling equipment;
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
ML20Cryogenic and "superconductive" equipment, as follows, and specially designed components and accessories therefor: a.Note
Equipment specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (– 170 °C); ML20.a. includes mobile systems incorporating or employing accessories or components manufactured from non-metallic or non-electrical conductive materials, such as plastics or epoxy-impregnated materials.
b.Note
ML21"Software" as follows: a.
"Software" specially designed or modified for any of the following:
b.
c.
ML22"Technology" as follows: Note 1Note 2
"Technology" "required" for the "development", "production", operation, installation, maintenance (checking), repair, overhaul or refurbishing of items specified by the EU Common Military List remains under control even when applicable to any item not specified by the EU Common Military List. ML22 does not apply to:
ML22"Technology" as follows: a.
"Technology", other than specified in ML22.b., which is "required" for the "development", "production", operation, installation, maintenance (checking), repair, overhaul or refurbishing of items specified in the EU Common Military List;
b.
ML22"Technology" as follows: Note 1Note 2 a.
"Technology" that is the minimum necessary for the installation, operation, maintenance (checking) or repair, of those items which are not controlled or whose export has been authorised;
b.
c.
DEFINITIONS OF TERMS USED IN THIS LIST Note 1Note 2 Technical Note Technical Note Note:NoteNote Technical Note Technical Notes 1.2.
The following are definitions of the terms used in this List, in alphabetical order. Definitions apply throughout the List. The references are purely advisory and have no effect on the universal application of defined terms throughout the List. Words and terms contained in this List of Definitions only take the defined meaning where this is indicated by their being enclosed in "double quotations marks". Definitions of terms between 'single quotation marks' are given in a Technical note to the relevant item. Elsewhere, words and terms take their commonly accepted (dictionary) meanings. ML7 "Adapted for use in war" Any modification or selection (such as altering purity, shelf life, virulence, dissemination characteristics, or resistance to UV radiation) designed to increase the effectiveness in producing casualties in humans or animals, degrading equipment or damaging crops or the environment. ML8 "Additives" Substances used in explosive formulations to improve their properties. ML8, 10, 14 "Aircraft" A fixed wing, swivel wing, rotary wing (helicopter), tilt rotor or tilt-wing airborne vehicle. ML11 "Automated Command and Control Systems" Electronic systems, through which information essential to the effective operation of the grouping, major formation, tactical formation, unit, ship, subunit or weapons under command is entered, processed and transmitted. This is achieved by the use of computer and other specialised hardware designed to support the functions of a military command and control organisation. The main functions of an automated command and control system are: the efficient automated collection, accumulation, storage and processing of information; the display of the situation and the circumstances affecting the preparation and conduct of combat operations; operational and tactical calculations for the allocation of resources among force groupings or elements of the operational order of battle or battle deployment according to the mission or stage of the operation; the preparation of data for appreciation of the situation and decision-making at any point during operation or battle; computer simulation of operations. ML22 "Basic scientific research" Experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental principles of phenomena or observable facts, not primarily directed towards a specific practical aim or objective. ML7, 22 "Biocatalysts" 'Enzymes' for specific chemical or biochemical reactions or other biological compounds which bind to and accelerate the degradation of CW agents. 'Enzymes' means "biocatalysts" for specific chemical or biochemical reactions. ML7, 22 "Biopolymers" Biological macromolecules as follows: ML4, 10 "Civil aircraft" Those "aircraft" listed by designation in published airworthiness certification lists by civil aviation authorities of one or more EU Member States or Wassenaar Arrangement Participating States to fly commercial civil internal and external routes or for legitimate civil, private or business use. ML 1 "Deactivated firearm" A firearm that has been made incapable of firing any projectile by processes defined by the EU Member State's or Wassenaar Arrangement Participating State's national authority. These processes permanently modify the essential elements of the firearm. According to national laws and regulations, deactivation of the firearm may be attested by a certificate delivered by a competent authority and may be marked on the firearm by a stamp on an essential part. ML21, 22 "Development" Is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. ML17 "End-effectors" Grippers, 'active tooling units' and any other tooling that is attached to the baseplate on the end of a "robot" manipulator arm. 'Active tooling units' are devices for applying motive power, process energy or sensing to a workpiece. ML 8 "Energetic materials" Substances or mixtures that react chemically to release energy required for their intended application. "Explosives", "pyrotechnics" and "propellants" are subclasses of energetic materials. ML8, 18 "Explosives" Solid, liquid or gaseous substances or mixtures of substances which, in their application as primary, booster, or main charges in warheads, demolition and other applications, are required to detonate. ML7 "Expression Vectors" Carriers (e.g. plasmid or virus) used to introduce genetic material into host cells. ML13 "Fibrous or filamentary materials" Include: ML15 "First generation image intensifier tubes" Electrostatically focused tubes, employing input and output fibre optic or glass face plates, multi-alkali photocathodes (S-20 or S-25), but not microchannel plate amplifiers. ML 17 "Fuel cell" An electrochemical device that converts chemical energy directly into Direct Current (DC) electricity by consuming fuel from an external source. ML22 "In the public domain" This means "technology" or "software" which has been made available without restrictions upon its further dissemination. Copyright restrictions do not remove "technology" or "software" from being "in the public domain". ML9, 19 "Laser" An assembly of components which produce both spatially and temporally coherent light that is amplified by stimulated emission of radiation. ML 17 "Library" (parametric technical database) A collection of technical information, reference to which may enhance the performance of relevant systems, equipment or components. ML10 "Lighter-than-air vehicles" Balloons and airships that rely on hot air or on lighter-than-air gases such as helium or hydrogen for their lift. ML17 "Nuclear reactor" Includes the items within or attached directly to the reactor vessel, the equipment which controls the level of power in the core, and the components which normally contain or come into direct contact with or control the primary coolant of the reactor core. ML8 "Precursors" Speciality chemicals used in the manufacture of explosives. ML18, 21, 22 "Production" Means all production stages, such as: product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance. ML8 "Propellants" Substances or mixtures that react chemically to produce large volumes of hot gases at controlled rates to perform mechanical work. ML4, 8 "Pyrotechnic(s)" Mixtures of solid or liquid fuels and oxidizers which, when ignited, undergo an energetic chemical reaction at a controlled rate intended to produce specific time delays, or quantities of heat, noise, smoke, visible light or infrared radiation. Pyrophorics are a subclass of pyrotechnics, which contain no oxidizers but ignite spontaneously on contact with air. ML22 "Required" As applied to "technology", refers to only that portion of "technology" which is peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics or functions. Such "required" "technology" may be shared by different products. ML7 "Riot control agents" Substances which, under the expected conditions of use for riot control purposes, produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure. (Tear gases are a subset of "riot control agents".) ML17 "Robot" A manipulation mechanism, which may be of the continuous path or of the point-to-point variety, may use sensors, and has all the following characteristics: The above definition does not include the following devices: ML21 "Software" A collection of one or more "programmes" or "microprogrammes" fixed in any tangible medium of expression. ML 11 "Spacecraft" Active and passive satellites and space probes. ML19 "Space-qualified" Designed, manufactured, or qualified through successful testing, for operation at altitudes greater than 100 km above the surface of the Earth. A determination that a specific item is "space-qualified" by virtue of testing does not mean that other items in the same production run or model series are "space-qualified" if not individually tested. ML20 "Superconductive" Refers to materials, (i.e. metals, alloys or compounds) which can lose all electrical resistance (i.e. which can attain infinite electrical conductivity and carry very large electrical currents without Joule heating). "Critical temperature" (sometimes referred to as the transition temperature) of a specific "superconductive" material is the temperature at which the material loses all resistance to the flow of direct electrical current. The "superconductive" state of a material is individually characterised by a "critical temperature", a critical magnetic field, which is a function of temperature, and a critical current density which is, however, a function of both magnetic field and temperature. ML22 "Technology" Specific information necessary for the "development", "production" or "use" of a product. The information takes the form of 'technical data' or 'technical assistance'. Controlled technology for the EU Common Military List is specified in ML22. 'Technical data' may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories. 'Technical assistance' may take forms such as instruction, skills, training, working knowledge, consulting services. 'Technical assistance' may involve transfer of 'technical data'. ML10 "Unmanned aerial vehicle" ("UAV") Any "aircraft" capable of initiating flight and sustaining controlled flight and navigation without any human presence on board. ML21, 22 "Use" Operation, installation (including on-site installation), maintenance (checking), repair, overhaul and refurbishing.
DEFINITIONS OF TERMS USED IN THIS LIST Note 1Note 2 Technical Note
a.
Enzymes for specific chemical or biochemical reactions;
b.
'Anti-idiotypic', 'monoclonal' or 'polyclonal' 'antibodies';
c. Technical Notes 1.2.3.4.
Specially designed or specially processed 'receptors'. 'Anti-idiotypic antibodies' means antibodies which bind to the specific antigen binding sites of other antibodies; 'Monoclonal antibodies' means proteins which bind to one antigenic site and are produced by a single clone of cells; 'Polyclonal antibodies' means a mixture of proteins which bind to the specific antigen and are produced by more than one clone of cells; 'Receptors' means biological macromolecular structures capable of binding ligands, the binding of which affects physiological functions.
DEFINITIONS OF TERMS USED IN THIS LIST Note 1Note 2 Technical Note Technical Note
a.
Continuous monofilaments;
b.
Continuous yarns and rovings;
c.
Tapes, fabrics, random mats and braids;
d.
Chopped fibres, staple fibres and coherent fibre blankets;
e.
Whiskers, either monocrystalline or polycrystalline, of any length;
f.
Aromatic polyamide pulp.
DEFINITIONS OF TERMS USED IN THIS LIST Note 1Note 2 Technical Note Technical Note Note:
a.
Is multifunctional;
b.
Is capable of positioning or orienting material, parts, tools or special devices through variable movements in three-dimensional space;
c.
Incorporates three or more closed or open loop servo-devices which may include stepping motors; and
d.
Has "user-accessible programmability" by means of the teach/playback method or by means of an electronic computer which may be a programmable logic controller, i.e. without mechanical intervention.
DEFINITIONS OF TERMS USED IN THIS LIST Note 1Note 2 Technical Note Technical Note Note:Note
1. Manipulation mechanisms which are only manually/teleoperator controllable;
2. Fixed sequence manipulation mechanisms which are automated moving devices, operating according to mechanically fixed programmed motions. The programme is mechanically limited by fixed stops, such as pins or cams. The sequence of motions and the selection of paths or angles are not variable or changeable by mechanical, electronic or electrical means;
3. Mechanically controlled variable sequence manipulation mechanisms which are automated moving devices, operating according to mechanically fixed programmed motions. The programme is mechanically limited by fixed, but adjustable, stops, such as pins or cams. The sequence of motions and the selection of paths or angles are variable within the fixed programme pattern. Variations or modifications of the programme pattern (e.g. changes of pins or exchanges of cams) in one or more motion axes are accomplished only through mechanical operations;
4. Non-servo-controlled variable sequence manipulation mechanisms which are automated moving devices, operating according to mechanically fixed programmed motions. The programme is variable but the sequence proceeds only by the binary signal from mechanically fixed electrical binary devices or adjustable stops;
5. Stacker cranes defined as Cartesian coordinate manipulator systems manufactured as an integral part of a vertical array of storage bins and designed to access the contents of those bins for storage or retrieval.