Article 1
The Annex to Directive 2009/43/EC is replaced by the text...
Article 2
(1) Member States shall adopt and publish, by 15 June...
Article 3
This Directive shall enter into force on the twentieth day...
Article 4
This Directive is addressed to the Member States.
ANNEX
List of Defence-related Products
Note 1
Terms in "quotations" are defined terms. Refer to 'Definitions of...
Note 2
In some instances chemicals are listed by name and CAS...
Note
ML1. does not apply to:
Note 1
Specially designed components specified by ML3 include:
Note 2
ML3.a. does not apply to any of the following:
Note 3
ML3.a. does not apply to cartridges specially designed for any...
N.B.1:
For guidance and navigation equipment, see ML11.
N.B.2:
For Aircraft Missile Protection Systems (AMPS), see ML4.c.
N.B.
For guidance and navigation equipment, see ML11.
N.B.
See also ML13.a.
Note 1
ML6.a. includes:
Note 2
Modification of a ground vehicle for military use specified by...
Note 3
ML6 does not apply to civil vehicles designed or modified...
Note 4
ML6. does not apply to vehicles that meet all of...
Note 1
ML7.b. and ML7.d. do not apply to the following:
Note 2
The cultures of cells and biological systems specified by ML7.h....
N.B.1.
See also entry 1C011 on the EU Dual-Use List.
N.B.2.
For charges and devices, see ML4 and entry 1A008 on...
Technical Notes
Note 1
ML8 does not apply to the following substances unless they...
Note 2
ML8. does not apply to ammonium perchlorate (ML8.d.2.), NTO (ML8.a.18.)...
N.B.
For guidance and navigation equipment, see ML11.
N.B.
For guidance and navigation equipment, see ML11.
Note 1
ML10.a. does not apply to "aircraft" and "lighter-than-air vehicles" or...
Note 2
ML10.d. does not apply to:
Note 3
For the purposes of ML10.a. and ML10.d., specially designed components...
Note 4
For the purposes of ML10.a., military use includes: combat, military...
Note 5
ML10.a. does not apply to "aircraft" that meet all of...
N.B.
For weapon systems using sub-calibre ammunition or employing solely chemical...
Note 1
ML12 includes the following when specially designed for kinetic energy...
Note 2
ML12 applies to weapon systems using any of the following...
Note 1
ML13.b. includes materials specially designed to form explosive reactive armour...
Note 2
ML13.c. does not apply to conventional steel helmets, neither modified...
Note 3
ML13.c. and d. do not apply to helmets, body armour...
Note 4
The only helmets specially designed for bomb disposal personnel that...
N.B. 1
See also entry 1A005 on the EU Dual-Use List.
N.B. 2
For "fibrous or filamentary materials" used in the manufacture of...
Technical Note
Note 1
ML14 includes image generating and interactive environment systems for simulators,...
Note 2
ML14 does not apply to equipment specially designed for training...
Note
ML15.f. includes equipment designed to degrade the operation or effectiveness...
Note 1
In ML15, the term specially designed components includes the following...
Note 2
ML15 does not apply to "first generation image intensifier tubes"...
N.B.
For the classification of weapons sights incorporating "first generation image...
N.B.
See also entries 6A002.a.2. and 6A002.b. on the EU Dual-Use...
Note
ML16. applies to unfinished products when they are identifiable by...
Technical Notes
Technical Note
Note
ML18.a. and ML18.b. include the following equipment:
Note 1
DEW systems specified by ML19 include systems whose capability is...
Note 2
ML19 includes the following when specially designed for DEW systems:...
Note 1
"Technology" "required" for the "development", "production", operation, installation, maintenance (checking),...
Note 2
ML22 does not apply to:
DEFINITIONS OF TERMS USED IN THIS LIST
Note 1
Definitions apply throughout the List. The references are purely advisory...
Note 2
Words and terms contained in this List of Definitions only...
"Adapted for use in war"
"Additives"
"Aircraft"
"Airship"
"Automated Command and Control Systems"
"Basic scientific research"
"Biocatalysts"
Technical Note
"Biopolymers"
Technical Notes
"Civil aircraft"
"Deactivated firearm"
"Development"
"End-effectors"
Technical Note
"Energetic materials"
"Explosives"
"Expression Vectors"
"Fibrous or filamentary materials"
"First generation image intensifier tubes"
"Fuel cell"
"In the public domain"
Note:
Copyright restrictions do not remove "technology" or "software" from being...
"Laser"
"Library" (parametric technical database)
"Lighter-than-air vehicles"
"Microprogramme"
"Nuclear reactor"
"Precursors"
"Production"
"Programme"
"Propellants"
"Pyrotechnic(s)"
"Required"
"Riot control agents"
"Robot"
Note
The above definition does not include the following devices:
"Software"
"Spacecraft"
"Space-qualified"
Note
A determination that a specific item is "space- qualified" by...
"Superconductive"
Technical Note
"Technology"
Technical Notes
"Unmanned aerial vehicle" ("UAV")
Commission Directive (EU) 2017/433
of 7 March 2017
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)
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 as specified in the Annex, which should correspond to the Common Military List of the European Union, originally adopted by the Council on 19 March 2007.
(2)
On 14 March 2016, the Council adopted an updated Common Military List of the European Union .
(3)
The Annex to Directive 2009/43/EC should therefore be amended accordingly.
(4)
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.
(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:
OJ L 146, 10.6.2009, p. 1.
OJ C 122, 6.4.2016, p. 1.
OJ C 369, 17.12.2011, p. 14.