Article 1The Annex to Directive 2009/43/EC is replaced by the text...
Article 2(1) Member States shall adopt and publish, by 28 February...
Article 3This Directive shall enter into force on the twentieth day...
Article 4This Directive is addressed to the Member States.
ANNEX
List of Defence-related Products
Note 1Terms in "quotations" are defined terms. Refer to 'Definitions of...
Note 2In some instances chemicals are listed by name and CAS...
Smooth-bore weapons with a calibre of less than 20 mm, other...
NoteML1. does not apply to:
Smooth-bore weapons with a calibre of 20 mm or more, other...
Ammunition and fuze setting devices, as follows, and specially designed...
Bombs, torpedoes, rockets, missiles, other explosive devices and charges and...
N.B.1:For guidance and navigation equipment, see ML11.
N.B.2:For Aircraft Missile Protection Systems (AMPS), see ML4.c.
Fire control, and related alerting and warning equipment, and related...
Ground vehicles and components, as follows:
N.B.For guidance and navigation equipment, see ML11.
N.B.See also ML13.a.
Note 1ML6.a. includes:
Note 2Modification of a ground vehicle for military use specified by...
Note 3ML6 does not apply to civil vehicles designed or modified...
Note 4ML6. does not apply to vehicles that meet all of...
Chemical agents, "biological agents", "riot control agents", radioactive materials, related...
Note 1ML7.b. and ML7.d. do not apply to the following:
Note 2The cultures of cells and biological systems specified by ML7.h....
"Energetic materials", and related substances, as follows:
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
1.For the purposes of ML8., excluding ML8.c.11. or ML8.c.12.,'mixture' refers...
2.Any substance listed in the ML8 sub-items is subject to...
3.For the purposes of ML8., particle size is the mean...
Note 1ML8 does not apply to the following substances unless they...
Note 2ML8. does not apply to ammonium perchlorate (ML8.d.2.), NTO (ML8.a.18.)...
Vessels of war (surface or underwater), special naval equipment, accessories,...
N.B.For guidance and navigation equipment, see ML11.
"Aircraft", "lighter-than-air vehicles", "Unmanned Aerial Vehicles" ("UAVs"), aero-engines and "aircraft"...
N.B.For guidance and navigation equipment, see ML11.
Electronic equipment, "spacecraft" and components, not specified elsewhere on this...
High velocity kinetic energy weapon systems and related equipment, as...
N.B.For weapon systems using sub-calibre ammunition or employing solely chemical...
Note 1ML12 includes the following when specially designed for kinetic energy...
Note 2ML12 applies to weapon systems using any of the following...
Armoured or protective equipment, constructions and components, as follows:
Note 1ML13.b. includes materials specially designed to form explosive reactive armour...
Note 2ML13.c. does not apply to conventional steel helmets, neither modified...
Note 3ML13.c. and d. do not apply to helmets, body armour...
Note 4The only helmets specially designed for bomb disposal personnel that...
N.B. 1See also entry 1A005 on the EU Dual-Use List.
N.B. 2For "fibrous or filamentary materials" used in the manufacture of...
'Specialised equipment for military training' or for simulating military scenarios,...
Technical Note
Note 1ML14 includes image generating and interactive environment systems for simulators,...
Note 2ML14 does not apply to equipment specially designed for training...
Imaging or countermeasure equipment, as follows, specially designed for military...
NoteML15.f. includes equipment designed to degrade the operation or effectiveness...
Note 1In ML15, the term specially designed components includes the following...
Note 2ML15 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...
Forgings, castings and other unfinished products, specially designed for items...
NoteML16. applies to unfinished products when they are identifiable by...
Miscellaneous equipment, materials and "libraries", as follows, and specially designed...
Technical Notes
1.Not used since 2014.
2.For the purpose of ML17, 'modified' means any structural, electrical,...
'Production' equipment and components, as follows:
Technical Note
NoteML18.a. and ML18.b. include the following equipment:
Directed Energy Weapon (DEW) systems, related or countermeasure equipment and...
Note 1DEW systems specified by ML19 include systems whose capability is...
Note 2ML19 includes the following when specially designed for DEW systems:...
Cryogenic and "superconductive" equipment, as follows, and specially designed components...
"Software" as follows:
"Technology" as follows:
Note 1"Technology" "required" for the "development", "production", operation, installation, maintenance (checking),...
Note 2ML22 does not apply to:
DEFINITIONS OF TERMS USED IN THIS LIST
Note 1Definitions apply throughout the List. The references are purely advisory...
Note 2Words and terms contained in this List of Definitions only...

Commission Directive (EU) 2017/2054

of 8 November 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 of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community1, 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 6 March 2017, the Council adopted an updated Common Military List of the European Union2.
(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 documents3, 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: