Commission Directive 2010/80/EU of 22 November 2010 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) in England
EU Directive 2010/80 · Adopted 22 November 2010 · Extends to United Kingdom
Commission Directive 2010/80/EU
of 22 November 2010
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 of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Communityf1, 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 15 February 2010 the Council adopted an updated Common Military List of the European Unionf2.
(3)
It is therefore necessary to amend the Annex to Directive 2009/43/EC providing for the list of defence-related products.
(4)
For reasons of coherence, Member States should apply the provisions necessary to comply with this Directive from the same date as those provisions necessary to comply with Directive 2009/43/EC.
(5)
The measures provided for in this Directive are in accordance with the opinion of the Committee referred to in Article 14 of Directive 2009/43/EC,
HAS ADOPTED THIS DIRECTIVE:
Annotations to the whole text
Footnotes
Contents
- 1Article 1
- 2Transposition
- 3Article 3
- 4Article 4
- Signature
- Annex
- LIST OF DEFENCE-RELATED PRODUCTS
- Note 1:Division Note 1:
- Smooth-bore weapons with a calibre of less than 20 mm, other arms and automatic weapons with a calibre of 12,7 mm (calibre 0,50 inches) or less and accessories, as follows, and specially designed components therefor:
- Smooth-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:
- Ammunition and fuse setting devices, as follows, and specially designed components therefor:
- Bombs, torpedoes, rockets, missiles, other explosive devices and charges and related equipment and accessories, as follows, and specially designed components therefor:
- N.B.1:Division N.B.1:
- N.B.2:Division N.B.2:
- Fire 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:
- Ground vehicles and components, as follows:
- N.BDivision N.B
- N.BDivision N.B
- Note 1:ML6.a. includes:
- Chemical or biological toxic agents, ‘riot control agents’, radioactive materials, related equipment, components and materials, as follows:
- Note 1:ML7.b. and ML7.d. do not apply to the following:
- ‘Energetic materials’, and related substances, as follows:
- N.B.1Division N.B.1
- N.B.2Division N.B.2
- Technical Notes
- 1Division 1
- 2Division 2
- Note 5:Division Note 5:
- Vessels of war (surface or underwater), special naval equipment, accessories, components and other surface vessels, as follows:
- N.BDivision N.B
- ‘Aircraft’, ‘lighter-than-air vehicles’, unmanned airborne vehicles, aero-engines and ‘aircraft’ equipment, related equipment and components, specially designed or modified for military use, as follows:
- N.BDivision N.B
- Note 1:ML10.b. does not apply to ‘aircraft’ or variants of those ‘aircraft’ specially designed for military use, and which are all of the following:
- Electronic equipment, not specified elsewhere on the EU Common Military List, as follows, and specially designed components therefor:
- High velocity kinetic energy weapon systems and related equipment, as follows, and specially designed components therefor:
- N.BDivision N.B
- Note 1:ML12 includes the following when specially designed for kinetic energy weapon systems:
- Armoured or protective equipment, constructions and components, as follows:
- Note 1:Division Note 1:
- N.B. 1:Division N.B. 1:
- ‘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 1:Division Note 1:
- Imaging or countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor:
- Forgings, castings and other unfinished products the use of which in a specified product is identifiable by material composition, geometry or function, and which are specially designed for any products specified by ML1 to ML4, ML6, ML9, ML10, ML12 or ML19.
- Miscellaneous equipment, materials and ‘libraries’, as follows, and specially designed components therefor:
- Technical Notes
- 1Division 1
- 2Division 2
- Production equipment and components, as follows:
- Technical Note
- Note:ML18.a. and ML18.b. include the following equipment:
- Directed energy weapon systems (DEW), related or countermeasure equipment and test models, as follows, and specially designed components therefor:
- Note 1:Directed energy weapon systems specified by ML19 include systems whose capability is derived from the controlled application of:
- Cryogenic and ‘superconductive’ equipment, as follows, and specially designed components and accessories therefor:
- ‘Software’, as follows:
- ‘Technology’ as follows:
- Note 1:Division Note 1:
- DEFINITIONS OF TERMS USED IN THIS LIST
- Division
- Note 1:Division Note 1:
- ML7‘Adapted for use in war’
- ML8‘Additives’
- ML11‘Automated Command and Control Systems’
- ML22‘Basic scientific research’
- ML7, 22‘Biopolymers’
- Technical Notes
- 1Division 1
- 2Division 2
- 3Division 3
- 4Division 4
- ML10‘Civil aircraft’
- ML21, 22‘Development’
- ML17‘End-effectors’
- Technical Note
- ML4, 8‘Energetic materials’
- ML7‘Expression Vectors’
- ML 17‘Fuel cell’
- ML13‘Fibrous or filamentary materials’
- ML15‘First generation image intensifier tubes’
- ML22‘In the public domain’
- Note:Division Note:
- ML5, 19‘Laser’
- ML10‘Lighter-than-air vehicles’
- ML17‘Nuclear reactor’
- ML8‘Precursors’
- ML21, 22‘Production’
- ML8‘Propellants’
- ML4, 8‘Pyrotechnic(s)’
- ML22‘Required’
- ML7‘Riot control agents’
- ML17‘Robot’
- Note:The above definition does not include the following devices:
- ML19‘Space-qualified’
- ML18, 20‘Superconductive’
- Technical Note
- ML22‘Technology’
- Technical Notes
- 1Division 1
- 2Division 2
- ML21, 22‘Use’