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Commission Directive (EU) 2019/514 of 14 March 2019 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)

EU Directive 2019/514 · Adopted 14 March 2019 · Extends to United Kingdom

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Commission Directive (EU) 2019/514

of 14 March 2019

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 listed in its Annex, which should correspond to the Common Military List of the European Union, originally adopted by the Council on 19 March 2007.

(2)

On 26 February 2018, the Council adopted an updated Common Military List of the European Unionf2.

(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 documentsf3, 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:

Annotations to the whole text

Footnotes

f1

OJ L 146, 10.6.2009, p. 1.

f2

OJ C 98, 15.3.2018, p. 1.

f3

OJ C 369, 17.12.2011, p. 14.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. Signature
  6. Annex
  7. List of Defence-related Products
  8. Note 1Division Note 1
  9. N.B.1:Division N.B.1:
  10. N.B.2:Division N.B.2:
  11. N.BDivision N.B
  12. N.BDivision N.B
  13. Note 1ML6.a. includes:
  14. Note 2Modification 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:
  15. Note 1ML7.b. and ML7.d. do not apply to the following:
  16. Note 2Division Note 2
  17. Technical Notes
  18. Note 1ML8 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.:
  19. Note 2ML8. 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:
  20. N.BDivision N.B
  21. N.BDivision N.B
  22. Note 1ML10.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:
  23. Note 2ML10.d. does not apply to:
  24. Note 3Division Note 3
  25. Note 4Division Note 4
  26. N.BDivision N.B
  27. Note 1ML12 includes the following when specially designed for kinetic energy weapon systems:
  28. Note 2ML12 applies to weapon systems using any of the following methods of propulsion:
  29. Note 1Division Note 1
  30. Note 2Division Note 2
  31. Note 3Division Note 3
  32. Note 4Division Note 4
  33. Technical Note
  34. Note 1Division Note 1
  35. Note 2Division Note 2
  36. NoteDivision Note
  37. ML15. does not apply to "first generation image intensifier tubes" or equipment specially designed to incorporate "first generation image intensifier tube".
  38. N.BDivision N.B
  39. N.BDivision N.B
  40. NoteDivision Note
  41. Technical Notes
  42. Technical Note
  43. NoteML18.a. and ML18.b. include the following equipment:
  44. Note 1DEW systems specified by ML19 include systems whose capability is derived from the controlled application of:
  45. Note 2ML19 includes the following when specially designed for DEW systems:
  46. Note 1Division Note 1
  47. Note 2ML22 does not apply to:
  48. DEFINITIONS OF TERMS USED IN THIS LIST
  49. Note 1Division Note 1
  50. "Additives"
  51. "Aircraft"
  52. "Airship"
  53. "Automated Command and Control Systems"
  54. "Basic scientific research"
  55. "Biocatalysts"
  56. Technical Note
  57. "Biological agents"
  58. "Biopolymers"
  59. Technical Notes
  60. "Civil aircraft"
  61. "Deactivated firearm"
  62. "Development"
  63. "End-effectors"
  64. Technical Note
  65. "Energetic materials"
  66. "Explosives"
  67. "Expression Vectors"
  68. "Fibrous or filamentary materials"
  69. "First generation image intensifier tubes"
  70. "Fuel cell"
  71. "In the public domain"
  72. Note:Division Note:
  73. "Laser"
  74. "Library" (parametric technical database)
  75. "Lighter-than-air vehicles"
  76. “Microprogram”
  77. "Nuclear reactor"
  78. "Precursors"
  79. "Production"
  80. “Program”
  81. "Propellants"
  82. "Pyrotechnic(s)"
  83. "Required"
  84. "Riot control agents"
  85. "Robot"
  86. NoteThe above definition does not include the following devices:
  87. "Software"
  88. "Spacecraft"
  89. "Space-qualified"
  90. NoteDivision Note
  91. "Superconductive"
  92. Technical Note
  93. "Technology"
  94. Technical Notes
  95. "Unmanned aerial vehicle" ("UAV")