Annex III

The following text shall be added as Annex IV to Regulation (EU) No 359/2011:

"ANNEX IV

Equipment, technology and software referred to in Articles 1b and 1c

General Note

Notwithstanding the contents of this Annex, it shall not apply to:

1. (a)

   equipment, technology or software which are specified in Annex I to Council Regulation (EC) 428/2009^f1 or the Common Military List; or

2. (b)

   software which is designed for installation by the user without further substantial support by the supplier and which is generally available to the public by being sold from stock at retail selling points, without restriction, by means of:

   1. (i)

      over the counter transactions;

   2. (ii)

      mail order transactions;

   3. (iii)

      electronic transactions; or

   4. (iv)

      telephone order transactions; or

3. (c)

   software which is in the public domain.

The categories A, B, C, D and E refer to the categories referred to in Regulation (EC) No 428/2009.

The 'equipment, technology and software' referred to in Article 1b is:

1. A..

   List of equipment

   • Deep Packet Inspection equipment

   • Network Interception equipment including Interception Management Equipment (IMS) and Data Retention Link Intelligence equipment

   • Radio Frequency monitoring equipment

   • Network and Satellite jamming equipment

   • Remote Infection equipment

   • Speaker recognition/processing equipment

   • IMSI^f2, MSISDN^f3, IMEI^f4, TMSI^f5 interception and monitoring equipment

   • Tactical SMS^f6 /GSM^f7 /GPS^f8 /GPRS^f9 /UMTS^f10 /CDMA^f11 /PSTN^f12 interception and monitoring equipment

   • DHCP^f13 /SMTP^f14, GTP^f15 information interception and monitoring equipment

   • Pattern Recognition and Pattern Profiling equipment

   • Remote Forensics equipment

   • Semantic Processing Engine equipment

   • WEP and WPA code breaking equipment

   • Interception equipment for VoIP proprietary and standard protocol

2. B..

   Not used

3. C..

   Not used

4. D..

   "Software" for the "development", "production" or "use" of the equipment specified in A above.

5. E..

   "Technology" for the "development", "production" or "use" of the equipment specified in A above.

Equipment, technology and software falling within these categories is within the scope of this Annex only to the extent that it falls within the general description 'internet, telephone and satellite communications interception and monitoring systems'.

For the purpose of this Annex 'monitoring' means acquisition, extraction, decoding, recording, processing, analysis and archiving call content or network data.".