Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (Text with EEA relevance) - Main contents

EN

Official Journal of the European Union

L 146/1

The Treaty provides for the establishment of an internal market, including the abolition between Member States of obstacles to the free movement of goods and services, and for the institution of a system ensuring that competition in the internal market is not distorted.

The Treaty provisions establishing the internal market apply to all goods and services provided in return for remuneration, including defence-related products, but do not preclude Member States under certain conditions from taking other measures in individual cases where they consider it necessary for the protection of their essential security interests.

The laws, regulations and administrative provisions in Member States concerning the transfer of defence-related products within the Community contain disparities which may impede the movement of such products and which may distort competition within the internal market, thereby hampering innovation, industrial cooperation and the competitiveness of the defence industry in the European Union.

The objectives pursued generally by the laws and regulations of Member States include the preservation of human rights, peace, security and stability through systems of strict control and restriction of the exportation and proliferation of defence-related products to third countries as well as to other Member States.

Such restrictions on the movement of defence-related products within the Community cannot be abolished generally through direct application of the principles of the free movement of goods and services provided for by the Treaty, as those restrictions may be justified on a case-by-case basis in accordance with Articles 30 or 296 of the Treaty, which continue to be applicable by Member States, provided that their conditions are met.

The relevant laws and regulations of Member States therefore need to be harmonised in such a way as to simplify the intra-Community transfer of defence-related products in order to ensure the proper functioning of the internal market. This Directive only deals with rules and procedures as far as defence-related products are concerned, and, consequently, does not affect the policies of the Member States regarding the transfer of defence-related products.

Harmonisation of the relevant laws and regulations of Member States should not prejudice the international obligations and commitments of the Member States nor their discretion as regards their policy on the export of defence-related products.

Member States should remain entitled to pursue and further develop intergovernmental cooperation, whilst complying with the provisions of this Directive.

This Directive should not apply to defence-related products which only pass through the territory of the Community, namely to those products which are not assigned a customs-approved treatment or use other than the external transit procedure or which are merely placed in a free zone or free warehouse and where no record of them has to be kept in an approved stock record.

This Directive should cover all the defence-related products which correspond to those listed in the Common Military List of the European Union (3), including their components and technologies.

This Directive should not prejudice the implementation of Joint Action 97/817/CFSP of 28 November 1997 adopted by the Council on the basis of Article J.3 of the Treaty of the European Union on anti-personnel landmines (4), nor should it prejudice the ratification and implementation by the Member States of the Convention on Cluster Munitions, signed in Oslo on 3 December 2008.

The objectives of the preservation of human rights, peace, security and stability pursued generally by laws and regulations of Member States restricting the transfer of defence-related products require that the transfer of those products within the Community remain subject to authorisation by originating Member States and guarantees in the receiving Member States.

In view of the safeguards provided by this Directive for the protection of those objectives, Member States would no longer need to introduce or maintain other restrictions for their achievement, subject to Articles 30 and 296 of the Treaty.

This Directive should not prejudice the application of provisions necessary on grounds of public policy or public security. In the light of the nature and features of defence-related products, grounds of public policy, such as the safety of transport, the safety of storage, the risk of diversion and the prevention of crime, are of particular relevance for the purposes of this Directive.

This Directive is without prejudice to the application of Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (5), and in particular the formalities for the movement of weapons within the Community. This Directive is also without prejudice to the application of Council Directive 93/15/EEC of 5 April 1993 on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses (6), and in particular the provisions regarding the transfer of ammunitions.

Any transfer of defence-related products within the Community should be subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. Member States should be able to exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in this Directive.

Member States should be free to deny or grant prior authorisation. In line with the principles establishing the internal market, such authorisation should be valid throughout the Community and no further authorisation for passage through other Member States or entrance onto the territory of other Member States should be required.

Member States should determine the suitable type of transfer licence for defence-related products or categories of defence-related products for each type of transfer, and which terms and conditions should be attached to each transfer licence, taking into account the sensitivity of the transfer.

As regards components, Member States should refrain from imposing export limitations as far as possible by accepting the recipient’s declaration of use, taking into account the degree of integration of such components into the recipient’s own products.

Member States should determine the recipients of transfer licences in a non-discriminatory way, unless necessary for the protection of their essential security interests.

In order to facilitate transfers of defence-related products, general transfer licences should be published by Member States granting authorisation to transfer defence-related products to any undertaking fulfilling the terms and conditions defined in each general transfer licence.

A general transfer licence should be published for transfers of defence-related products to armed forces in order to greatly increase security of supply for all Member States which choose to procure such products within the Community.

A general transfer licence should be published for transfers of components to certified European defence undertakings in order to foster cooperation between, and the integration of, those undertakings, in particular by facilitating optimisation of supply chains and economies of scale.

Member States participating in an intergovernmental cooperation programme should be able to publish a general transfer licence for such transfers of defence-related products to recipients in other participating Member States as are necessary for the execution of that programme. This would improve conditions for the participation in intergovernmental cooperation programmes by undertakings established in participating Member States.

Member States should be able to publish further general transfer licences to cover cases where the risk for the preservation of human rights, peace, security and stability is very low in view of the nature of the products and the recipients.

Where a general transfer licence cannot be published, Member States should, upon request, grant a global transfer licence to individual undertakings, except in the cases set out in this Directive. Member States should be able to grant renewable global transfer licences.

Undertakings should inform the competent authorities of the use of general transfer licences with a view to the preservation of human rights, peace, security and stability and in order to allow transparent reporting of transfers of defence-related products with a view to democratic control.

The degree of latitude of Member States in determining the terms and conditions of general, global and individual transfer licences should be flexible enough to allow on-going cooperation under the existing international framework on export control. As the decision to authorise or deny an export is, and should remain, at the discretion of each Member State, such cooperation should only stem from the voluntary coordination of export policies.

In order to compensate for the progressive replacement of individual ex-ante control by general ex-post control in the Member State of origin of the defence-related products, conditions for mutual confidence and trust should be created by including guarantees which ensure that defence-related products are not exported in violation of export limitations to third countries. This principle should also be observed in instances where defence-related products are transferred several times between Member States before being exported to a third country.

Member States cooperate in the framework of Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (7) through application of common criteria as well as denial notification and consultation mechanisms with a view to increasing convergence in the application of their export policies of defence-related products to third countries. This Directive should not prevent Member States from determining the terms and conditions of transfer licences of defence-related products, including possible export limitations, in particular where this is necessary for the purposes of cooperation in the framework of that Common Position.

Suppliers should inform recipients of any limitations attached to transfer licences in order to allow the building of mutual trust in the ability of recipients to comply with such limitations after the transfer, in particular in the case of a request for export to third countries.

It should be for undertakings to decide whether the benefits flowing from the possibility of receiving defence-related products under a general transfer licence justify the request for certification. Transfers within a group of undertakings should benefit from a general transfer licence in cases where the members of the group are certified in their respective Member States of establishment.

Common criteria for certification are necessary in order to allow the building of mutual trust, in particular in the ability of recipients to comply with export limitations of defence-related products received under a transfer licence from another Member State.

In order to facilitate mutual confidence, recipients of transferred defence-related products should refrain from exporting those products where the transfer licence contains export limitations.

Undertakings should declare to their competent authorities, at the time of requesting an export licence to third countries, whether they have abided by any export limitations attached to the transfer of the defence-related product by the Member State which issued the transfer licence. In this context, it is recalled that the consultation mechanism between Member States, as provided for in Common Position 2008/944/CFSP, is of particular relevance.

Undertakings should furnish proof of the export licence at the common external frontier of the Community to the competent customs authority at the moment of the export to a third country of a defence-related product received under a transfer licence.

The list of defence-related products set out in the Annex should be updated in strict conformity with the Common Military List of the European Union.

It is necessary for the progressive building of mutual trust and confidence that Member States determine effective measures, including penalties, sufficient to ensure enforcement of the provisions of this Directive, and in particular those providing that undertakings comply with the common criteria for certification and with limitations of further use of defence-related products following a transfer.

Where a Member State of origin has a reasonable doubt as to whether a certified recipient will comply with a condition attached to its general transfer licence, or where a licensing Member State considers that public policy, public security or its essential security interests could be affected, it should not only inform the other Member States and the Commission, but should also be able to provisionally suspend the effect of any transfer licence with regard to that recipient, having regard to its responsibility for the preservation of human rights, peace, security and stability.

To foster mutual trust, the application of the laws, regulations and administrative provisions adopted to ensure compliance with this Directive should be deferred. That would allow, before application of those provisions, an evaluation of progress made on the basis of a report prepared by the Commission based on the information submitted by the Member States on the measures taken.

The Commission should regularly publish a report on the implementation of this Directive, which may be accompanied by legislative proposals where appropriate.

This Directive does not affect the existence or completion of regional unions between Belgium and Luxembourg, or between Belgium, Luxembourg and the Netherlands, as provided for in Article 306 of the Treaty.

Since the objective of this Directive, namely the simplification of the rules and procedures applicable to the intra-Community transfer of defence-related products in order to ensure the proper functioning of the internal market, cannot be sufficiently achieved by the Member States in view of the divergence of present licensing procedures and the cross-border nature of transfers, and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers of the Commission (8).

In particular, the Commission should be empowered to amend the Annex. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

In accordance with point 34 of the Interinstitutional Agreement on better law-making (9), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public,

‘defence-related product’ means any product listed in the Annex;

‘transfer’ means any transmission or movement of a defence-related product from a supplier to a recipient in another Member State;

‘supplier’ means the legal or natural person established within the Community who is legally responsible for a transfer;

‘recipient’ means the legal or natural person established within the Community who is legally responsible for the receipt of a transfer;

‘transfer licence’ means an authorisation by a national authority of a Member State for suppliers to transfer defence-related products to a recipient in another Member State;

‘export licence’ means an authorisation to supply defence-related products to a legal or natural person in any third country;

‘passage through’ means the transport of defence-related products through one or more Member States other than the originating and receiving Member States.

the supplier or the recipient is a governmental body or part of the armed forces;

supplies are made by the European Union, NATO, IAEA or other intergovernmental organisations for the performance of their tasks;

the transfer is necessary for the implementation of a cooperative armament programme between Member States;

the transfer is linked to humanitarian aid in the case of disaster or as a donation in an emergency; or

the transfer is necessary for or after repair, maintenance, exhibition or demonstration.

the transfer takes place under conditions which do not affect public policy or public security;

the obligation of prior authorisation has become incompatible with international commitments of the Member States subsequent to the adoption of this Directive; or

it is necessary for intergovernmental cooperation, as referred to in Article 1(4).

the nature of the components in relation to the products in which they are to be incorporated and any end-use of the finished products which might give rise to concern;

the significance of the components in relation to the products in which they are to be incorporated.

the recipient is part of the armed forces of a Member State or a contracting authority in the field of defence, purchasing for the exclusive use by the armed forces of a Member State;

the recipient is an undertaking certified in accordance with Article 9;

the transfer is made for the purposes of demonstration, evaluation or exhibition;

the transfer is made for the purposes of maintenance and repair, if the recipient is the originating supplier of the defence-related products.

the request for a transfer licence is limited to one transfer;

it is necessary for the protection of the essential security interests of the Member State or on grounds of public policy;

it is necessary for compliance with international obligations and commitments of Member States; or

a Member State has serious reason to believe that the supplier will not be able to comply with all the terms and conditions necessary to grant it a global transfer licence.

a description of the defence-related product and its reference under the Annex;

the quantity and value of the defence-related product;

the dates of transfer;

the name and address of the supplier and of the recipient;

where known, the end-use and end-user of the defence-related product; and

proof that the information on an export limitation attached to a transfer licence has been transmitted to the recipient of the defence-related products.

proven experience in defence activities, taking into account in particular the undertaking’s record of compliance with export restrictions, any court decisions on this matter, any authorisation to produce or commercialise defence-related products and the employment of experienced management staff;

relevant industrial activity in defence-related products within the Community, in particular capacity for system/sub-system integration;

the appointment of a senior executive as the dedicated officer personally responsible for transfers and exports;

a written commitment of the undertaking, signed by the senior executive referred to in point (c), that the undertaking will take all necessary steps to observe and enforce all specific conditions related to the end-use and export of any specific component or product received;

a written commitment of the undertaking, signed by the senior executive referred to in point (c), to provide to the competent authorities, with due diligence, detailed information in response to requests and inquiries concerning the end-users or end-use of all products exported, transferred or received under a transfer licence from another Member State; and

a description, countersigned by the senior executive referred to in point (c), of the internal compliance programme or transfer and export management system implemented in the undertaking. This description shall provide details of the organisational, human and technical resources allocated to the management of transfers and exports, the chain of responsibility within the undertaking, internal audit procedures, awareness-raising and staff training, physical and technical security arrangements, record-keeping and traceability of transfers and exports.

the competent authority issuing the certificate;

the name and address of the recipient;

a statement of the conformity of the recipient with the criteria referred to in paragraph 2; and

the date of issue and period of validity of the certificate.

the provision of information required for the verification of compliance with the criteria referred to in paragraph 2;

the suspension or revocation of the certificate.

relevant information was not taken into account when the export licence was granted; or

circumstances have materially changed since the grant of the export licence.

Rifles, carbines, revolvers, pistols, machine pistols and machine guns:

Note ML1.a. does not control the following:

Smooth-bore weapons, as follows:

Weapons using caseless ammunition;

Silencers, special gun-mountings, clips, weapons sights and flash suppressers for arms controlled by sub-items ML1.a., ML1.b. or ML1.c.

Note 1 ML1 does not control 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.

Note 2 ML1 does not control firearms specially designed for dummy ammunition and which are incapable of firing any controlled ammunition.

Note 3 ML1 does not control weapons using non-centre fire cased ammunition and which are not of the fully automatic firing type.

Note 4 ML1.d. does not control optical weapon sights without electronic image processing, with a magnification of 4 times or less, provided they are not specially designed or modified for military use.

Guns, howitzers, cannon, mortars, anti-tank weapons, projectile launchers, military flame throwers, rifles, recoilless rifles, smooth-bore weapons and signature reduction devices therefor;

Note 1 ML2.a. includes injectors, metering devices, storage tanks and other specially designed components for use with liquid propelling charges for any of the equipment controlled by ML2.a.

Note 2 ML2.a. does not control the following:

Military smoke, gas and pyrotechnic projectors or generators;

Note ML2.b. does not control signal pistols.

Weapons sights.

Ammunition for the weapons controlled by ML1, ML2 or ML12;

Fuse setting devices specially designed for ammunition controlled by ML3.a.

Note 1 Specially designed components include:

Note 2 ML3.a. does not control ammunition crimped without a projectile (blankstar) and dummy ammunition with a pierced powder chamber.

Note 3 ML3.a. does not control cartridges specially designed for any of the following purposes:

Bombs, torpedoes, grenades, smoke canisters, rockets, mines, missiles, depth charges, demolition-charges, demolition-devices and demolition-kits, ‘pyrotechnic’ devices, cartridges and simulators (i.e. equipment simulating the characteristics of any of these items);

Note ML4.a. includes:

Equipment specially designed for the handling, control, activation, powering with one-time operational output, launching, laying, sweeping, discharging, decoying, jamming, detonation or detection of items controlled by ML4.a.

Note ML4.b. includes:

Weapon sights, bombing computers, gun laying equipment and weapon control systems;

Target acquisition, designation, range-finding, surveillance or tracking systems; detection, data fusion, recognition or identification equipment; and sensor integration equipment;

Countermeasure equipment for items controlled by ML5.a. or ML5.b.;

Field test or alignment equipment, specially designed for items controlled by ML5.a. or ML5.b.

Ground vehicles and components therefor, specially designed or modified for military use;

Technical Note

For the purposes of ML6.a. the term ground vehicles includes trailers.

All-wheel drive vehicles capable of off-road use which have been manufactured or fitted with materials to provide ballistic protection to level III (NIJ 0108.01, September 1985, or comparable national standard) or better.

Tanks and other military armed vehicles and military vehicles fitted with mountings for arms or equipment for mine laying or the launching of munitions controlled under ML4;

Armoured vehicles;

Amphibious and deep water fording vehicles;

Recovery vehicles and vehicles for towing or transporting ammunition or weapon systems and associated load handling equipment.

Pneumatic tyre casings of a kind specially designed to be bulletproof or to run when deflated;

Tyre inflation pressure control systems, operated from inside a moving vehicle;

Armoured protection of vital parts, (e.g. fuel tanks or vehicle cabs);

Special reinforcements or mountings for weapons;

Blackout lighting.

Biological agents and radioactive materials ‘adapted for use in war’ to produce casualties in humans or animals, degrade equipment or damage crops or the environment;

Chemical warfare (CW) agents including:

CW binary precursors and key precursors, as follows:

‘Riot control agents’, active constituent chemicals and combinations thereof, including:

Note 1 ML7.d. does not control ‘riot control agents’ individually packaged for personal self-defence purposes;

Note 2 ML7.d. does not control active constituent chemicals and combinations thereof identified and packaged for food production or medical purposes.

Equipment specially designed or modified for military use, for the dissemination of any of the following and specially designed components therefor:

Protective and decontamination equipment, specially designed components therefor, and specially formulated chemical mixtures, as follows:

Note ML7.f.1. includes:

NB: For civil gas masks, protective and decontamination equipment see also entry 1A004 on the EU Dual-Use List.

Equipment specially designed or modified for military use, for the detection or identification of materials controlled by ML7.a. or ML7.b. or ML7.d. and specially designed components therefor;

Note ML7.g. does not control personal radiation monitoring dosimeters.

NB: See also entry 1A004 on the EU Dual-Use List.

‘Biopolymers’ specially designed or processed for the detection or identification of CW agents controlled by ML7.b., and the cultures of specific cells used to produce them;

‘Biocatalysts’ for the decontamination or degradation of CW agents, and biological systems therefor, as follows:

Cyanogen chloride (CAS 506-77-4). See 1C450.a.5. on the EU Dual-Use List;

Hydrocyanic acid (CAS 74-90-8);

Chlorine (CAS 7782-50-5);

Carbonyl chloride (phosgene) (CAS 75-44-5). See 1C450.a.4. on the EU Dual-Use List;

Diphosgene (trichloromethyl-chloroformate) (CAS 503-38-8);

Deleted;

Xylyl bromide, ortho: (CAS 89-92-9), meta: (CAS 620-13-3), para: (CAS 104-81-4);

Benzyl bromide (CAS 100-39-0);

Benzyl iodide (CAS 620-05-3);

Bromo acetone (CAS 598-31-2);

Cyanogen bromide (CAS 506-68-3);

Bromo methylethylketone (CAS 816-40-0);

Chloro acetone (CAS 78-95-5);

Ethyl iodoacetate (CAS 623-48-3);

Iodo acetone (CAS 3019-04-3);

Chloropicrin (CAS 76-06-2). See 1C450.a.7. on the EU Dual-Use List.

substance being listed in the ML8 sub-items.

Any substance listed in the ML8 sub-items is controlled by this list, even when utilised in an application other than that indicated. (e.g. TAGN is predominantly used as an explosive but can also be used either as a fuel or an oxidizer.)

‘Explosives’, as follows, and mixtures thereof:

‘Propellants’, as follows:

‘Pyrotechnics’, fuels and related substances, as follows, and mixtures thereof:

Note 1 Aircraft fuels controlled by ML8.c.1. are finished products not their constituents.

Note 2 ML8.c.4.a. does not control hydrazine mixtures specially formulated for corrosion control.

Note 3 Explosives and fuels containing the metals or alloys listed in ML8.c.5. are controlled whether or not the metals or alloys are encapsulated in aluminum, magnesium, zirconium, or beryllium.

Note 4 ML8.c.5.b.2. does not control boron and boron carbide enriched with boron-10 (20 % or more of total boron-10 content).

Oxidizers, as follows, and mixtures thereof:

Binders, plasticisers, monomers, polymers, as follows:

Additives, as follows:

‘Precursors’, as follows:

NB: In ML8.g. the references are to controlled ‘Energetic Materials’ manufactured from these substances.

Ammonium picrate;

Black powder;

Hexanitrodiphenylamine;

Difluoroamine;

Nitrostarch;

Potassium nitrate;

Tetranitronaphthalene;

Trinitroanisol;

Trinitronaphthalene;

Trinitroxylene;

N-pyrrolidinone; 1-methyl-2-pyrrolidinone;

Dioctylmaleate;

Ethylhexylacrylate;

Triethylaluminium (TEA), trimethylaluminium (TMA), and other pyrophoric metal alkyls and aryls of lithium, sodium, magnesium, zinc or boron;

Nitrocelluose;

Nitroglycerin (or glyceroltrinitrate, trinitroglycerine) (NG);

2.4,6-trinitrotoluene (TNT);

Ethylenediaminedinitrate (EDDN);

Pentaerythritoltetranitrate (PETN);

Lead azide, normal and basic lead styphnate, and primary explosives or priming compositions containing azides or azide complexes;

Triethyleneglycoldinitrate (TEGDN);

2.4,6-trinitroresorcinol (styphnic acid);

Diethyldiphenyl urea; dimethylidiphenyl urea; methylethyldiphenyl urea [Centralites];

N,N-diphenylurea (unsymmetrical diphenylurea);

Methyl-N,N-diphenylurea (methyl unsymmetrical diphenylurea);

Ethyl-N,N-diphenylurea (ethyl unsymmetrical diphenylurea);

2-Nitrodiphenylamine (2-NDPA);

4-Nitrodiphenylamine (4-NDPA);

2,2-dinitropropanol;

Nitroguanidine (see 1C011.d. on the EU Dual-Use List).

Combatant vessels and vessels (surface or underwater) specially designed or modified for offensive or defensive action, whether or not converted to non-military use, regardless of current state of repair or operating condition, and whether or not they contain weapon delivery systems or armour, and hulls or parts of hulls for such vessels;

Engines and propulsion systems, as follows:

Underwater detection devices specially designed for military use and controls thereof;

Submarine and torpedo nets;

Not used;

Hull penetrators and connectors specially designed for military use that enable interaction with equipment external to a vessel;

Note ML9.f. includes connectors for vessels which are of the single-conductor, multi-conductor, coaxial or waveguide type, and hull penetrators for vessels, both of which are capable of remaining impervious to leakage from without and of retaining required characteristics at marine depths exceeding 100 m; and fibre-optic connectors and optical hull penetrators specially designed for ‘laser’ beam transmission regardless of depth. It does not include ordinary propulsive shaft and hydro-dynamic control-rod hull penetrators.

Silent bearings, with gas or magnetic suspension, active signature or vibration suppression controls, and equipment containing those bearings, specially designed for military use.

Combat ‘aircraft’ and specially designed components therefor;

Other ‘aircraft’ and ‘lighter-than-air vehicles’ specially designed or modified for military use, including military reconnaissance, assault, military training, transporting and airdropping troops or military equipment, logistics support, and specially designed components therefor;

Unmanned airborne vehicles and related equipment, specially designed or modified for military use, as follows, and specially designed components therefor:

Aero-engines specially designed or modified for military use, and specially designed components therefor;

Airborne equipment, including airborne refuelling equipment, specially designed for use with the ‘aircraft’ controlled by ML10.a. or ML10.b. or the aero-engines controlled by ML10.d., and specially designed components therefor;

Pressure refuellers, pressure refuelling equipment, equipment specially designed to facilitate operations in confined areas and ground equipment, developed specially for ‘aircraft’ controlled by ML10.a. or ML10.b., or for aero-engines controlled by ML10.d.;

Military crash helmets and protective masks and specially designed components therefor, pressurised breathing equipment and partial pressure suits for use in ‘aircraft’, anti-g suits, liquid oxygen converters used for ‘aircraft’ or missiles, and catapults and cartridge actuated devices for emergency escape of personnel from ‘aircraft’;

Parachutes and related equipment, used for combat personnel, cargo dropping or ‘aircraft’ deceleration, as follows, and specially designed components therefor:

Automatic piloting systems for parachuted loads; equipment specially designed or modified for military use for controlled opening jumps at any height, including oxygen equipment.

Are not configured for military use and are not fitted with equipment or attachments specially designed or modified for military use; and

Have been certified for civil use by the civil aviation authority in a Wassenaar Arrangement participating state.

Aero-engines designed or modified for military use which have been certified by civil aviation authorities in a Wassenaar Arrangement participating state for use in ‘civil aircraft’, or specially designed components therefor;

Reciprocating engines or specially designed components therefor, except those specially designed for unmanned airborne vehicles.

Electronic equipment specially designed for military use;

Note ML11 includes:

Global Navigation Satellite Systems (GNSS) jamming equipment.

Kinetic energy weapon systems specially designed for destruction or effecting mission-abort of a target;

Specially designed test and evaluation facilities and test models, including diagnostic instrumentation and targets, for dynamic testing of kinetic energy projectiles and systems.

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;

Prime power generation, electric armour, energy storage, thermal management, conditioning, switching or fuel-handling equipment; and electrical interfaces between power supply, gun and other turret electric drive functions;

Target acquisition, tracking, fire control or damage assessment systems;

Homing seeker, guidance or divert propulsion (lateral acceleration) systems for projectiles.

Electromagnetic;

Electrothermal;

Plasma;

Light gas; or

Chemical (when used in combination with any of the above).

Armoured plate as follows:

Constructions of metallic or non-metallic materials or combinations thereof specially designed to provide ballistic protection for military systems, and specially designed components therefor;

Helmets manufactured according to military standards or specifications, or comparable national standards, and specially designed components therefor, i.e. helmet shell, liner and comfort pads;

Body armour and protective garments manufactured according to military standards or specifications, or equivalent, and specially designed components therefor.

Recorders and image processing equipment;

Cameras, photographic equipment and film processing equipment;

Image intensifier equipment;

Infrared or thermal imaging equipment;

Imaging radar sensor equipment;

Countermeasure or counter-countermeasure equipment for the equipment controlled by sub-items ML15.a. to ML15.e.

Note ML15.f. includes equipment designed to degrade the operation or effectiveness of military imaging systems or to minimize such degrading effects.

Infrared image converter tubes;

Image intensifier tubes (other than first generation);

Microchannel plates;

Low-light-level television camera tubes;

Detector arrays (including electronic interconnection or readout systems);

Pyroelectric television camera tubes;

Cooling systems for imaging systems;

Electrically triggered shutters of the photochromic or electro-optical type having a shutter speed of less than 100 μs, except in the case of shutters which are an essential part of a high-speed camera;

Fibre optic image inverters;

Compound semiconductor photocathodes

Self-contained diving and underwater swimming apparatus, as follows:

Construction equipment specially designed for military use;

Fittings, coatings and treatments for signature suppression, specially designed for military use;

Field engineer equipment specially designed for use in a combat zone;

‘Robots’, ‘robot’ controllers and ‘robot’‘end-effectors’, having any of the following characteristics:

Libraries (parametric technical databases) specially designed for military use with equipment controlled by the EU Common Military List;

Nuclear power generating equipment or propulsion equipment, including ‘nuclear reactors’, specially designed for military use and components therefor specially designed or modified for military use;

Equipment and material, coated or treated for signature suppression, specially designed for military use, other than those controlled elsewhere in the EU Common Military List;

Simulators specially designed for military ‘nuclear reactors’;

Mobile repair shops specially designed or modified to service military equipment;

Field generators specially designed or modified for military use;

Containers specially designed or modified for military use;

Ferries, other than those controlled elsewhere in the EU Common Military List, bridges and pontoons, specially designed for military use;

Test models specially designed for the ‘development’ of items controlled by ML4, ML6, ML9 or ML10;

Laser protection equipment (e.g. eye and sensor protection) specially designed for military use.

For the purpose of ML17, the term ‘library’ (parametric technical database) means a collection of technical information of a military nature, reference to which may enhance the performance of military equipment or systems.

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.

Specially designed or modified production equipment for the production of products controlled by the EU Common Military List, and specially designed components therefor;

Specially designed environmental test facilities and specially designed equipment therefor, for the certification, qualification or testing of products controlled by the EU Common Military List.

Continuous nitrators;

Centrifugal testing apparatus or equipment having any of the following characteristics:

Dehydration presses;

Screw extruders specially designed or modified for military explosive extrusion;

Cutting machines for the sizing of extruded propellants;

Sweetie barrels (tumblers) 1,85 m or more in diameter and having over 227 kg product capacity;

Continuous mixers for solid propellants;

Fluid energy mills for grinding or milling the ingredients of military explosives;

Equipment to achieve both sphericity and uniform particle size in metal powder listed in ML8.c.8.;

Convection current converters for the conversion of materials listed in ML8.c.3.

‘Laser’ systems specially designed for destruction or effecting mission-abort of a target;

Particle beam systems capable of destruction or effecting mission-abort of a target;

High power radio-frequency (RF) systems capable of destruction or effecting mission-abort of a target;

Equipment specially designed for the detection or identification of, or defence against, systems controlled by ML19.a. to ML19.c.;

Physical test models for the systems, equipment and components controlled by this Item.

Continuous wave or pulsed ‘laser’ systems specially designed to cause permanent blindness to unenhanced vision, i.e. to the naked eye or to the eye with corrective eyesight devices.

‘Lasers’ of sufficient continuous wave or pulsed power to effect destruction similar to the manner of conventional ammunition;

Particle accelerators which project a charged or neutral particle beam with destructive power;

High pulsed power or high average power radio frequency beam transmitters which produce fields sufficiently intense to disable electronic circuitry at a distant target.

Prime power generation, energy storage, switching, power conditioning or fuel-handling equipment;

Target acquisition or tracking systems;

Systems capable of assessing target damage, destruction or mission-abort;

Beam-handling, propagation or pointing equipment;

Equipment with rapid beam slew capability for rapid multiple target operations;

Adaptive optics and phase conjugators;

Current injectors for negative hydrogen ion beams;

‘Space qualified’ accelerator components;

Negative ion beam funnelling equipment;

Equipment for controlling and slewing a high energy ion beam;

‘Space qualified’ foils for neutralising negative hydrogen isotope beams.

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);

Note 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.

‘Superconductive’ electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion.

Note ML20.b. does not control direct current hybrid homopolar generators that have single-pole normal metal armatures which rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator.

‘Software’ specially designed or modified for the ‘development’, ‘production’ or ‘use’ of equipment or materials controlled by the EU Common Military List;

Specific ‘software’, as follows:

‘Technology’, other than specified in ML22.b., which is ‘required’ for the ‘development’, ‘production’ or ‘use’ of items controlled in the Common Military List of The European Union.

‘Technology’ as follows:

Which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those items which are not controlled or whose export has been authorised;

Which is ‘in the public domain’, ‘basic scientific research’ or the minimum necessary information for patent applications;

For magnetic induction for continuous propulsion of civil transport devices.