Products Regulations, 2011

L.N. 435 of 2011

SUPPLIES AND SERVICES ACT

(CAP. 117)

Simplifying Terms and Conditions of Transfers of Defence-Related

Products Regulations, 2011

IN exercise of the powers conferred by article 3 of the Supplies

and Services Act, the Minister of Finance, the Economy and

Investment has made the following regulations:-

(1) The title of these regulations is the Simplifying

Terms and Conditions of Transfers of Defence-Related Products

Regulations, 2011.

(2) The provisions of these regulations shall come into force on

such a date as the Minister of Finance, the Economy and Investment

may by notice in the Gazette establish, and different dates may be so

established for different provisions or different purposes of these

regulations.

The objective of these regulations is to implement the

requirements of Directive 2009/43/EC of the European Parliament

and of the Council of 6 May 2009 on simplifying terms and

conditions of transfers of defence-related products within the

Community and of Commission Directive 2010/80/EU of 22

November amending Directive 2009/43/EC of the European

Parliament and of the Council as regards the list of defence-related

products.

In these regulations, unless the context otherwise requires

"the Act" means the Supplies and Services Act;

"the Committee" means the the Committee on Transfers of

Defence-Related Products, established under regulation 25;

"defence-related product" means any product listed in the

Schedule;

"the Directive" means 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

Community;

"the Director" means the Director responsible for issuing export

licences for defence-related products or any other person so

delegated;

"end-user" means the legal or natural person where the products

reach their final destination;

"export licence" means an authorisation to supply defence-

related products to a legal or natural person in any third country;

"the Minister" means the Minister responsible for trade;

"passage through" means the transport of defence-related

products through one or more Member States other than the

originating and receiving Member States;

"recipient" means the legal or natural person established within

the Community who is legally responsible for the receipt of a

transfer;

"supplier" means the legal or natural person established within

the Community who is legally responsible for a transfer;

"transfer" means any transmission or movement of a defence-

related product from a supplier to a recipient in another Member

State;

"transfer licence" means an authorisation by a national authority

of a Member State for suppliers to transfer defence-related products

to a recipient in another Member State which can be one of the

following

(a) a "general transfer licence", which is an

authorisation published by a national authority of a Member

State granting suppliers, established in its territory, permission

to transfer defence-related products specified therein to a

catergory or categories of recipients in another Member State

whilst fulfilling any terms and conditions contained therein;

(b) a "global transfer licence", which is an authorisation

granted by a national authority to an individual supplier, at its

request, authorising transfers of defence-related products to

recipients in one or more states;

(c)

an "individual transfer licence", which is an

authorisation granted to an individual supplier at its request

authorising one transfer of a specified quantity of specified

defence-related products to be transmitted in one or several

shipments to one recipient of other Member States.

(1) The purpose of these regulations is to simplify the

rules and procedures applicable to the transfer of defence-related

products to and from other Member States.

(2) These regulations do not affect the Government of Malta’s

discretion as regards policy on the export of defence-related products.

(3) These regulations do not affect the possibility for the

Government of Malta to pursue and further develop inter-

governmental cooperation.

(4) These regulations apply to the defence-related products

listed in the Schedule, which is published in the English language

only.

The transfer of defence-related products from Malta to the

other Member States shall be subject to prior authorisation secured

through a general transfer licence, a global transfer licence or an

individual transfer licence.

The type of transfer licence to be used for defence-related

products or categories of defence-related products transferred from

Malta shall be determined by the Committee which may deny or grant

prior authorisation in line with the principles establishing the internal

market.

The Committee shall determine all the terms and

conditions of transfer licences, including

(a)

any limitations on the export of defence-related

products to legal or natural persons in third countries, having

regard, inter alia, to the risk for the preservation of human

rights, peace, security and stability created by the transfer;

(b) when to request end-use assurances, including end-

user certificates

Provided that the Committee shall request suppliers of

defence-related products to inform recipients of the terms and

conditions of the transfer licence including limitations relating

to the end use or export of the defence-related product

Provided further that in the case of transfer licences for

components, the Committee shall determine the terms and

conditions of such transfer licence on the basis of an assessment

of the sensitivity of the transfer according, inter alia, to the

following criteria

(i) the nature of the components in relation to the

products in which they are to be incorporated and any end-

use of the finished products which might give rise to

concern;

(ii) the significance of the components in relation

to the products in which they are to be incorporated.

Except where it considers that the transfer of components Components.

is sensitive, the Committee shall refrain from imposing any export

limitations for components where the recipient provides a declaration

of use in which the recipient declares that the components subject to

that transfer licence are integrated or are to be integrated into its own

products and cannot at a later stage be transferred or exported as such,

unless for the purposes of maintenance or repair.

The Committee may withdraw, suspend or limit the use of Power to

transfer licences it may have issued at any time for reasons of withdraw,

suspend or limit

protection of Malta’s essential security interests, on grounds of public transfer licence.

policy or public security, or as a result of non-compliance with the

terms and conditions attached to the transfer licence.

The Committee may publish general transfer licences of General transfer

defence-related products for suppliers established in Malta to perform licences.

transfers of such products to another Member State and in such cases

the Committee shall determine

(a)

the suppliers established in Malta and the catergory

or categories of recipients located in another Member State to

benefit from such licences;

(b)

any terms and conditions to be attached to such

licences;

(c)

the defence-related products to be allowed to be

transferred as a result of such licences

Provided that a general transfer licence shall be published

by the Committee wherever -

(i) the recipient is part of the armed forces of

another Member State or a contracting authority in the

field of defence purchasing for the exclusive use by the

armed forces of another Member State;

(ii) the recipient is an undertaking certified by the

competent authority in another Member State in

accordance with Article 9 of the Directive;

(iii) the transfer is made for the purposes of

demonstration, evaluation or exhibition;

(iv) the transfer is made for the purposes of

maintenance and repair, if the recipient is the originating

supplier of the defence-related products.

(3) The Committee may publish general transfer licences of

defence-related products for transfers to other Member States which

are necessary for the execution of an inter-governmental cooperation

programme, in which Malta participates with other Member States,

concerning the development, production and use of one or more

defence-related products.

(4) Suppliers shall, within a period stipulated by the

Committee, inform such Committee of their intention to transfer

defence-related products for the first time using a general transfer

licence.

(5) Without prejudice to any other provision in these

regulations, the Committee may establish the conditions for suppliers

to first register with such Committee prior to the first use of a general

transfer licence.

(1) An individual supplier may apply to the Committee

for the granting of a global transfer licence to perform transfers of

defence-related products to recipients in one or more Member States.

(2) The Committee shall determine in each global transfer

licence the defence related products or categories of products covered

by the global transfer licence and the authorised recipients or

category of recipients.

(3) A global transfer licence shall be valid for a period of three

years, which may be renewed by the Committee.

(1) An individual supplier may apply to the Committee

for the granting of an individual transfer licence to perform one

transfer of a specified quantity of specified defence-related products

to be transmitted in one or several shipments to one recipient.

(2) The individual transfer licence shall be limited to one

transfer and subject to one or more of the following conditions

(a) the transfer is necessary for the protection of the

essential national security interests or on grounds of public

policy;

(b) the transfer is necessary for national compliance

with international obligations and commitments;

(c)

the Committee has serious reason to believe that the

supplier will not be able to comply with all the terms and

conditions necessary to be granted a global transfer licence.

(1) The transfer of defence-related products from other Transfers of

Member States shall be subject to prior authorization secured through defence-related

products from

a general transfer licence, a global transfer licence or an individual other

States.

transfer licence from the Member State from whose territory the

supplier wishes to transfer the defence-related products.

(2) No further authorisation shall be required for passage

through or entry in Malta, without prejudice to the application of

provisions necessary on grounds of public security or public policy

such as, inter alia, the safety of transport, the safety of storage, the

risk of diversion and the prevention of crime.

Transfers of defence-related products may be exempted Exemptions.

from the obligation of prior authorisation by the Committee in such

cases where

(a)

the supplier or the recipient is a governmental body

or part of the armed forces;

(b) supplies are made by the European Union, NATO,

IAEA or other inter-governmental organisations for the

performance of their tasks;

(c)

the transfer is necessary for the implementation of a

cooperative armament programme between Member States;

(d) the transfer is linked to humanitarian aid in the case

of disaster or as a donation in an emergency; or

(e)

the transfer is necessary for or after repair,

maintenance, exhibition or demonstration.

(1) Suppliers shall keep detailed and complete records Suppliers’ duty

of their transfers. Such records shall include commercial documents to keep records.

containing the following information

(a)

a description of the defence-related product and its

reference;

(b)

the quantity and value of the defence-related

product;

(c)

the dates of transfer;

(d) the name and address of the supplier and of the

recipient;

(e)

where known, the end-use and end-user of the

defence-related product; and

(f)

proof that the information on an export limitation

attached to a transfer licence has been transmitted to the

recipient of the defence-related products.

(2) The Committee shall determine the reporting requirements

relative to the use of a general, global or individual transfer licence

and shall ensure that suppliers keep the records referred to in sub-

regulation (1) for a period which is not less than three years from the

end of the calendar year in which the transfer took place.

(3) Such records shall be provided to the Committee at its

request.

(1) The Committee shall certify recipients established in

Malta who are eligible to receive defence-related products under

general transfer licences published by other Member States in

accordance with Article 5(2)(b) of the Directive.

(2) Certification shall be granted only to recipient

undertakings which actually manufacture defence-related products or

partly completed defence-related products, consisting of components

and, or systems and sub-systems purchased from third parties, with a

view to being placed on the market under their own name or

trademark.

(3) Certified recipient undertakings shall

(a)

use the defence-related products received under the

general transfer licences for their own production which

includes incorporation of components into other products, or

using the product as spares or replacement parts;

(b) not re-transfer or export the defence-related

products received under the general transfer licences, except for

the purposes of maintenance or repair where the prior

authorisation of an originating Member State is required.

The certification shall establish the reliability of the

recipient undertaking, including its capacity to observe export

limitations of defence-related products received under a transfer

licence from another Member State

Provided that reliability shall be assessed according to the

following criteria

(a)

proven experience in defence activities, taking into

account in particular the undertaking’s record of compliance

with export restrictions, any court decisions on this matter, any

authorisation to produce or commercialise defence-related

products and the employment of experienced management staff;

(b) relevant industrial activity in defence-related

products within the Community, in particular capacity for

system and, or sub-system integration;

(c)

the appointment of a senior executive as the

dedicated officer personally responsible for transfers and

exports;

(d) a written commitment of the undertaking, signed by

the senior executive referred to in paragraph (c), that the

undertaking will take all necessary steps to observe and enforce

all specific conditions related to the end-use and export of any

specific component or product received;

(e)

a written commitment of the undertaking, signed by

the senior executive referred to in paragraph (c), to provide to

the Committee with due diligence documents, detailed

information in response to requests and inquiries concerning the

end-users or end-use of all products exported, transferred or

received under a transfer licence from another Member State;

and

(f)

a description, countersigned by the senior executive

referred to paragraph (c), of the internal compliance programme

or transfer and export management system implemented in the

undertaking, which description shall provide details of the

organisational, human and technical resources allocated to the

management of transfers and exports, the chain of responsibility

within the undertaking, internal audit procedures, awareness-

raising and staff training, physical and technical security

arrangements, record-keeping and traceability of transfers and

exports.

(1)

Certificates shall contain the following information

Contents of

certificate.

(a) the name of the Committee as the competent

authority issuing the certificate;

(b)

the name and address of the recipient;

(c)

a statement of the conformity of the recipient with

the criteria referred to in regulation 17; and

(d) the date of issue and period of validity of the

certificate which must not exceed four years.

(2) Certificates may contain further conditions relating to the

following

(a)

the provision of information required for the

verification of compliance with the criteria referred to in

regulation 17;

(b)

the suspension or revocation of the certificate.

(1) The Committee shall monitor the compliance of the

recipient with the criteria established in regulation 17 at least every

three years, and with any other condition referred to in to the

certificates.

(2) The Committee may assign inspectors who shall be

empowered -

(a)

to enter relevant premises;

(b) to examine and take copies of the records, data, rules

of procedure and any other material relevant to products

exported, transferred or received under a transfer licence from

another Member State.

If the Committee finds that the holder of a certificate who

is established in Malta no longer satisfies the criteria referred to in

regulation 17 or any of the conditions referred to in regulation 18(2),

it shall take appropriate measures, which may include the revocation

of the certificate and thereafter inform the Commission and the other

Member States accordingly.

The Committee shall publish and update on a regular basis

the list of certified recipients and inform the Commission, the

European Parliament and the other Member States.

Recipients of defence-related products, when applying for

an export licence, shall declare to the Committee, in cases where such

products received under a transfer licence from another Member State

have export limitations attached to them, that they have complied

with the terms of those limitations, including, as the case may be, by

having obtained the required consent from the originating Member

State.

(1) Exporters shall furnish proof that all necessary Customs

export licences were obtained from other Member States, when procedures.

completing the formalities for the export of defence-related products

at the customs office responsible for handling the export declaration.

(2) Without prejudice to Council Regulation (EEC) No. 2913/

92 of 12 October 1992 establishing the Community Customs Code,

the Director may, for a period not exceeding thirty working days,

suspend the process of export of defence-related products received

from another Member State under a transfer licence and incorporated

in another defence-related product or, if necessary, prevent by other

means such products from being exported, where he considers that

(a) relevant information was not taken into account

when the export licence was granted; or

(b) circumstances have materially changed since the

grant of the export licence.

(1) In those cases where the Committee considers that Safeguard

there is a serious risk that a recipient certified in accordance with the measures.

Directive in another Member State will not comply with a condition

attached to a general transfer licence, or where the Committee

considers that public policy, public security or the national essential

security interests could be affected, the Committee shall inform the

other Member State and request verification of the situation.

(2) Where the serious risks referred to in sub-regulation (1)

subsist, the Committee may provisionally suspend the effect of the

general transfer licence with regard to such recipients and shall

inform the other Member States and the Commission of the reasons

for that safeguard measure

Provided that the Committee may lift the measure when it

considers that it is no longer justified.

(1) The Prime Minister shall appoint a Committee on Committee on

Transfers of

Transfers of Defence-related products.

Defence-

Related

Products.

(2) The Committee shall consist of

(a)

a Chairman appointed by the Prime Minister;

(b) an officer serving in the Office of the Attorney

General nominated by the Minister responsible for Justice;

(c)

an officer serving in the Police Department

nominated by the Minister responsible for home affairs;

(d) an officer serving in the Defence

Matters

Directorate Office nominated by the Prime Minister;

(e)

an officer serving in the Customs Department

nominated by the Minister responsible for finance;

(f)

an officer serving in the Commerce Department

nominated by the Minister responsible for finance;

(g) an officer serving in the Technical Regulations

Division of the Malta Competion and Consumers Affairs

Authority nominated by the Prime Minister; and

(h) an officer serving in the Armed Forces of Malta

nominated by the Prime Minister

Provided that the Prime Minister may appoint any other public

officer to serve on this Committee as he may deem fit

Provided further that the number of the other public officers so

appointed shall not exceed three in number.

(2) The members of the Committee shall hold office for such

term as may be stated in their appointment or until such time as the

Prime Minster shall appoint another person to replace them.

(3) The Minister shall designate an officer not below the rank

of a Principal serving in a department falling under his Ministry to act

a secretry to his Committee.

(4) The Committee shall have the following functions

(a)

to determine the type of transfer licence to be

utilised for defence-related products or categories of defence-

related products;

(b)

to issue transfer licences;

(c)

to stipulate the terms and conditions of transfer

licences and the obligations of those suppliers using transfer

licences including any limitations on the export of defence-

related products to legal or natural persons in third countries,

having regard, inter alia, to the risk for the preservation of

human rights, peace, security and stability created by the

transfer;

(d) to request end-use assurances, including end-user

certificates, whilst complying with Community law;

(e)

to determine exemptions from the obligation of

having prior authorization through transfer licence;

(f)

to oblige suppliers of defence-related products to

inform recipients of the terms and conditions of the transfer

licence;

(g) to withdraw, suspend or limit the use of transfer

licences as may be necessary;

(h) to determine reporting requirements of suppliers and

to ensure that suppliers maintain commercial records on

transfers as required and for the time period established in the

regulations;

(i)

to issue certification of recipients of defence-related

products, which actually manufacture defence-related products

or partly completed defence-related products secured under

transfer licences from other Member States;

(j)

to monitor adherence of recipients with the criteria

established in these regulations;

(k)

to assign inspectors to carry out monitoring;

(l)

to publish the lists of certified recipients;

(m) to communicate with the European Institutions and

other Member States on the subject of transfer of defence-

related products;

(n) to receive notification from recipients of the request

of an export licence for exports which had export limitations

attached to them; and

(o) to carry out any other functions emanating from this

or other regulations.

Any person guilty of an offence under these regulations Penalties.

shall be liable, on conviction, to the following

(a)

imprisonment for a period not exceeding two years;

(b) a fine (multa) up to an amount not exceeding two

thousand and three hundred and twenty-nine euro and thirty-

seven cents (€2,329.37) or a fine calculated on the profit made

by the offender in connection with the transaction in

contravention to the regulations

Provided that when the fine is so calculated, it may not

exceed five times the profit made by the offender;

(c)

forfeiture of any goods or things to which the

offence relates.

ANNEX

LIST OF DEFENCE-RELATED PRODUCTS

Terms in ‘quotations’ are defined terms. Refer to ‘Definitions of Terms’

annexed to this List.

In some instances chemicals are listed by name and CAS number. The list

applies to chemicals of the same structural formula (including hydrates)

regardless of name or CAS number. CAS numbers are shown to assist in

identifying a particular chemical or mixture, irrespective of nomenclature.

CAS numbers cannot be used as unique identifiers because some forms of

the listed chemical have different CAS numbers, and mixtures containing

a listed chemical may also have different CAS numbers.

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

a.

Rifles, carbines, revolvers, pistols, machine pistols and machine

guns;

Note

ML1.a. does not apply to the following

a.

Muskets, rifles and carbines manufactured earlier than

1938;

b.

R eproductions of muskets, rifles and carbines the

originals of which were manufactured earlier than 1890;

c.

Revolvers, pistols and machine guns manufactured earlier

than 1890, and their reproductions;

b.

Smooth-bore weapons, as follows

1. Smooth-bore weapons specially designed for military use;

2. Other smooth-bore weapons as follows

a.

Fully automatic type weapons;

b.

Semi-automatic or pump-action type weapons;

c.

Weapons caseless ammunition;

d.

Silencers, special gun-mountings, clips, weapons sights and

flash suppressors for arms specified by ML1.a., ML1.b. or

ML1.c.

Note 1: ML1 does not apply to smooth-bore weapons used for hunting

or sporting purposes. These weapons must not be specially

designed for military use or of the fully automatic firing type.

Note 2: ML1 does not apply to firearms specially designed for dummy

ammunition and which are incapable of firing any ammunition

specified by ML3.

Note 3: ML1 does not apply to weapons using non-centre fire cased

ammunition and which are not of the fully automatic firing

type.

Note 4: ML1.d. does not apply to optical weapon sights without

electronic image processing, with a magnification of 4 times or

less, provided they are not specially designed or modified for

military use.

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

Guns, howitzers, cannon, mortars, anti-tank weapons,

projectile launchers, military flame throwers, rifles, recoilless

rifles, smooth-bore weapons and signature reduction devices

therefor;

Note 1: ML2.a. includes injectors, metering devices, storage tanks and

other specially designed components for use with liquid propelling

charges for any of the equipment specified by ML2.a.

Note 2: ML2.a. does not apply to weapons as follows

1. Muskets, rifles and carbines manufactured earlier than 1938;

2. Reproductions of muskets, rifles and carbines the originals of

which were manufactured earlier than 1890.

Note 3: ML2.a. does not apply to hand-held projectile launchers

specially designed to launch tethered projectiles having no high

explosive charge or communications link, to a range of less

than or equal to 500 m.

Smoke, gas and pyrotechnic projectors or generators, specially

designed or modified for military use;

Note

ML2.b. does not apply to signal pistols.

Weapons sights.

Mountings specially designed for the weapons specified in

ML2.a

Ammunition and fuse setting devices, as follows, and specially

designed components therefor

Ammunition for weapons specified by ML1, ML2 or ML12;

Fuse setting devices specially designed for ammunition specified

by ML3.a.

Note 1: Specially designed components specified by ML3 include

a.

Metal or plastic fabrications such as primer anvils, bullet

cups, cartridge links, rotating bands and munitions metal

parts;

b.

Safing and arming devices, fuses, sensors and initiation

devices;

c.

Power supplies with high one-time operational output;

d.

Combustible cases for charges;

e.

Submunitions including bomblets, minelets and terminally

guided projectiles.

Note 2: ML3.a. does not apply to ammunition crimped without a

projectile (blank star) and dummy ammunition with a pierced

powder chamber.

Note 3: ML3.a. does not apply to cartridges specially designed for any

of the following purposes

a.

Signalling;

b.

Bird scaring; or

c.

Lighting of gas flares at oil wells.

Bombs, torpedoes, rockets, missiles, other explosive devices and

charges and related equipment and accessories, as follows, and

specially designed components therefor

N.B.1: For guidance and navigation equipment, see ML11.

N.B.2: For Aircraft Missile Protection Systems (AMPS), see ML4.c.

Bombs, torpedoes, grenades, smoke canisters, rockets, mines,

missiles, depth charges, demolition- charges, demolition-

devices, demolition-kits, ‘pyrotechnic’ devices, cartridges and

simulators (i.e. equipment simulating the characteristics of any

of these items), specially designed for military use;

Note: ML4.a. includes

a.

Smoke grenades, fire bombs, incendiary bombs and

explosive devices;

b.

Missile rocket nozzles and re-entry vehicle nosetips.

Equipment having all of the following

1. Specially designed for military use; and

2. Specially designed for the handling, controlling, activating,

powering with one-time operational output, launching,

laying, sweeping, discharging, decoying, jamming,

detonating, disrupting, disposing or detecting of any of the

following

a. Items specified by ML4.a.; or

b. Improvised Explosive Devices (IEDs).

Note 1:ML4.b. includes

a.

Mobile gas liquefying equipment capable of producing 1

000 kg or more per day of gas in liquid form;

b.

Buoyant electric conducting cable suitable for sweeping

magnetic mines.

Note 2: ML4.b. does not apply to hand-held devices, limited by design

solely to the detection of metal objects and incapable of

distinguishing between mines and other metal objects.

Aircraft Missile Protection Systems (AMPS).

Note: ML4.c. does not apply to AMPS having all of the following

a. Any of the following missile warning sensors

1. Passive sensors having peak response between 100-

400 nm; or

2. Active pulsed Doppler missile warning sensors;

Countermeasures dispensing systems;

Flares, which exhibit both a visible signature and an infrared

signature, for decoying surface-to-air missiles; and

Installed on ‘civil aircraft’ and having all of the following

1. The AMPS is only operable in a specific ‘civil aircraft’ in

which the specific AMPS is installed and for which any

of the following has been issued

a. A civil Type Certificate; or

An equivalent document recognised by the International

Civil Aviation Organisation (ICAO);

2. The AMPS employs protection to prevent unauthorised

access to ‘software’; and

3. The AMPS incorporates an active mechanism that forces

the system not to function when it is removed from the

‘civil aircraft’ in which it was installed.

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

Weapon sights, bombing computers, gun laying equipment and

weapon control systems;

Target acquisition, designation, range-finding, surveillance or

tracking systems; detection, data fusion, recognition or

identification equipment; and sensor integration equipment;

Countermeasure equipment for items specified by ML5.a. or

For the purposes of ML5.c., countermeasure equipment includes

detection equipment.

Field test or alignment equipment, specially designed for items

specified by ML5.a., ML5.b. or ML5.c.

Ground vehicles and components, as follows

For guidance and navigation equipment, see ML11.

Ground vehicles and components therefor, specially designed or

modified for military use;

Technical Note

For the purposes of ML6.a. the term ground vehicles includes trailers.

All-wheel drive vehicles capable of off-road use which have been

manufactured or fitted with materials to provide ballistic

protection to level III (NIJ 0108.01, September 1985, or

comparable national standard) or better.

See also ML13.a

Note 1: ML6.a. includes

a. Tanks and other military armed vehicles and military vehicles

fitted with mountings for arms or equipment for mine laying or

the launching of munitions specified by ML4;

b.

Armoured vehicles;

c.

Amphibious and deep water fording vehicles;

d.

Recovery vehicles and vehicles for towing or transporting

ammunition or weapon systems and associated load handling

equipment.

Note 2: Modification 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

a.

Pneumatic tyre casings of a kind specially designed to be bullet-

proof or to run when deflated;

b.

Armoured protection of vital parts, (e.g. fuel tanks or vehicle

cabs);

c.

Special reinforcements or mountings for weapons;

d.

Black-out lighting.

Note 3: ML6 does not apply to civil automobiles, or trucks designed or modified

for transporting money or valuables, having armoured or ballistic

protection.

Chemical or biological toxic agents, ‘riot control agents’,

radioactive materials, related equipment, components

and

materials, as follows

Biological agents and radioactive materials ‘adapted for use in

war’ to produce casualties in humans or animals, degrade

equipment or damage crops or the environment;

Chemical warfare (CW) agents, including

1. CW nerve agents

O-Alkyl (equal to or less than C10, including

cycloalkyl) alkyl (Methyl, Ethyl, n-Propyl or

Isopropyl) -phosphonofluoridates, such as

Sarin (GB):O-Isopropyl

methylphosphonofluoridate

(CAS 107-44-8); and

Soman (GD):O-Pinacolyl

methylphosphonofluoridate

(CAS 96-64-0);

O-Alkyl (equal to or less than C10, including

cycloalkyl) N,N-dialkyl (Methyl, Ethyl, n-Propyl or

Isopropyl) phosphoramidocyanidates, such as

Tabun

(GA):O-Ethyl

N,N-

dimethylphosphoramidocyanidate (CAS 77-81-6);

O-Alkyl (H or equal to or less than C10, including

cycloalkyl) S-2-dialkyl (Methyl, Ethyl, n-Propyl or

Isopropyl)-aminoethyl alkyl (Methyl, Ethyl, n-Propyl

or Isopropyl) phosphonothiolates and corresponding

alkylated and protonated salts, such as

VX

O-Ethyl S-2-diisopropylaminoethyl

methyl

phosphonothiolate (CAS 50782-69-9);

2. CW vesicant agents

a. Sulphur mustards, such as

1. 2-Chloroethylchloromethylsulphide (CAS 2625-76-5);

2. Bis(2-chloroethyl) sulphide (CAS 505-60-2);

3. Bis(2-chloroethylthio) methane (CAS 63869-13-6);

4. 1,2-bis (2-chloroethylthio) ethane (CAS 3563-36-8);

5. 1,3-bis (2-chloroethylthio) -n-propane (CAS 63905-10-

2);

6. 1,4-bis (2-chloroethylthio) -n-butane (CAS 142868-93-

7);

7. 1,5-bis (2-chloroethylthio) -n-pentane (CAS 142868-

94-8);

8. Bis (2-chloroethylthiomethyl) ether (CAS 63918-90-1);

9. Bis (2-chloroethylthioethyl) ether (CAS 63918-89-8);

b. Lewisites, such as

1. 2-chlorovinyldichloroarsine (CAS 541-25-3);

2. Tris (2-chlorovinyl) arsine (CAS 40334-70-1);

3. Bis (2-chlorovinyl) chloroarsine (CAS 40334-69-8);

c. Nitrogen mustards, such as

1. HN1: bis (2-chloroethyl) ethylamine (CAS 538-07-8);

2. HN2: bis (2-chloroethyl) methylamine (CAS 51-75-2);

3. HN3: tris (2-chloroethyl) amine (CAS 555-77-1);

3. CW incapacitating agents, such as

a. 3-Quinuclidinyl benzilate (BZ) (CAS 6581-06-2);

4. CW defoliants, such as

a. Butyl 2-chloro-4-fluorophenoxyacetate (LNF);

b. 2,4,5-trichlorophenoxyacetic acid (CAS 93-76-5) mixed

with 2,4-dichlorophenoxyacetic acid (CAS 94-75-7) (Agent

Orange (CAS 39277-47-9));

c. CW binary precursors and key precursors, as follows

1. Alkyl (Methyl,

Ethyl, n-Propyl or

Isopropyl)

Phosphonyl Difluorides, such as: DF: Methyl

Phosphonyldifluoride (CAS 676-99-3);

2. O-Alkyl (H or equal to or less than C10, including

cycloalkyl) O-2-dialkyl (Methyl, Ethyl, n-Propyl or

Isopropyl) aminoethyl alkyl (Methyl, Ethyl, n-Propyl or

Isopropyl) phosphonites and corresponding alkylated

and protonated salts, such as

QL

O-Ethyl-2-di-isopropylaminoethyl-

methylphosphonite (CAS 57856-11-8);

3. Chlorosarin: O-Isopropyl methylphosphonochloridate

(CAS 1445-76-7);

4. Chlorosoman: O-Pinacolyl methylphosphonochloridate

(CAS 7040-57-5);

‘Riot control agents’, active constituent

chemicals and

combinations thereof, including

α-Bromobenzeneacetonitrile, (Bromobenzyl cyanide) (CA)

1. (CAS 5798-79-8);

2. [(2-chlorophenyl)methylene]propanedinitrile,(o-

Chlorobenzylidenemalononitrile(CS) (CAS 2698-41-1);

3. 2-Chloro-1-phenylethanone, Phenylacyl

chloride

(ω-

chloroacetophenone) (CN) (CAS 532-27-4);

4. Dibenz-(b,f)-1,4-oxazephine, (CR) (CAS 257-07-8);

5. 10-Chloro-5,10-dihydrophenarsazine,

(Phenarsazine

chloride), (Adamsite), (DM) (CAS 578-94-9);

6. N-Nonanoylmorpholine, (MPA) (CAS 5299-64-9);

Note 1: ML7.d. does not apply to ‘riot control agents’ individually

packaged for personal self-defence purposes.

Note 2: ML7.d. does not apply to active constituent chemicals, and

combinations thereof, identified and packaged for food production

or medical purposes.

Equipment specially designed or modified for military use,

designed or modified for the dissemination of any of the

following, and specially designed components therefor

1. Materials or agents specified by ML7.a., ML7.b. or ML7.d.;

or

2. CW agents made up of precursors specified by ML7.c.

Protective and decontamination equipment, specially designed or

modified for military use, components and chemical mixtures, as

follows

1. Equipment designed or modified for defence against

materials specified by ML7.a., ML7.b. or ML7.d., and

specially designed components therefor;

2. Equipment designed or modified for decontamination of

objects contaminated with materials specified by ML7.a. or

ML7.b. and specially designed components therefor;

3. Chemical mixtures specially developed or formulated for

the decontamination of objects contaminated with

materials specified by ML7.a. or ML7.b.;

Note

ML7.f.1. includes

a. Air conditioning units specially designed or modified for

nuclear, biological or chemical filtration;

b. Protective clothing.

N.B.

For civil gas masks, protective and decontamination equipment, see

also entry 1A004 on the EU Dual-UseList.

Equipment specially designed or modified for military use

designed or modified for the detection or identification of

materials specified by ML7.a., ML7.b. or ML7.d., and specially

designed components therefor;

Note: ML7.g. does not apply to personal radiation monitoring

dosimeters.

N.B.

See also entry 1A004 on the EU Dual-Use List.

‘Biopolymers’ specially designed or processed for the detection or

identification of CW agents specified by ML7.b., and the

cultures of specific cells used to produce them;

‘Biocatalysts’ for the decontamination or degradation of CW

agents, and biological systems therefor, as follows

1. Biocatalysts’ specially designed for the decontamination or

degradation of CW agents specified by ML7.b. resulting from

directed laboratory selection or genetic manipulation of

biological systems;

2. Biological systems as follows: ‘expression vectors’, viruses or

cultures of cells, containing the genetic information specific

to the production of ‘biocatalysts’ specified by ML7.i.1.

Note 1: ML7.b. and ML7.d. do not apply to the following

Cyanogen chloride (CAS 506-77-4). See 1C450.a.5. on the

EU Dual-Use List;

Hydrocyanic acid (CAS 74-90-8);

Chlorine (CAS 7782-50-5);

Carbonyl chloride (phosgene) (CAS 75-44-5). See 1C450.a.4.

on the EU Dual-Use List;

Diphosgene (trichloromethyl-chloroformate) (CAS 503-38-8);

Not used since 2004;

Xylyl bromide, ortho: (CAS 89-92-9), meta: (CAS 620-13-3),

para: (CAS 104-81-4);

Benzyl bromide (CAS 100-39-0);

Benzyl iodide (CAS 620-05-3);

Bromo acetone (CAS 598-31-2);

Cyanogen bromide (CAS 506-68-3);

Bromo methylethylketone (CAS 816-40-0);

Chloro acetone (CAS 78-95-5);

Ethyl iodoacetate (CAS 623-48-3);

Iodo acetone (CAS 3019-04-3);

Chloropicrin (CAS 76-06-2). See 1C450.a.7. on the EU

Dual-Use List.

Note 2: The cultures of cells and biological systems specified by ML7.h. and

ML7.i.2. are exclusive and these sub- items do not apply to cells or

biological systems for civil purposes, such as agricultural,

pharmaceutical, medical, veterinary, environmental, waste management,

or in the food industry.

‘Energetic materials’, and related substances, as follows

N.B.1. See also 1C011 on the EU Dual-Use List.

N.B.2. For charges and devices, see ML4 and 1A008 on the EU Dual-Use

List

Technical Notes

1. For the purposes of ML8, mixture refers to a composition of two or

more substances with at least one substance being listed in the ML8

sub-items.

2. Any substance listed in the ML8 sub-items is subject to this list, even

when utilised in an application other than that indicated. (e.g. TAGN is

predominantly used as an explosive but can also be used either as a fuel

or an oxidizer.)

‘Explosives’, as follows, and mixtures thereof

1. ADNBF

(aminodinitrobenzofuroxan

or 7-amino-4,6-

dinitrobenzofurazane-1-oxide) (CAS 97096-78-1);

2. BNCP (cis-bis (5-nitrotetrazolato) tetra amine-cobalt (III)

perchlorate) (CAS 117412-28-9);

3. CL-14 (diaminodinitroben zofuroxan or 5,7-diamino-4,6-

dinitrobenzofurazane-1-oxide) (CAS 117907-74-1);

4. CL-20 (HNIW or Hexanitrohexaazaisowurtzitane) (CAS

135285-90-4); chlathrates of CL-20 (see also ML8.g.3. and

g.4. for its ‘precursors’);

5. CP (2-(5-cyanotetrazolato)

penta

amine-cobalt

(III)

perchlorate) (CAS 70247-32-4);

6. DADE (1,1-diamino-2,2-dinitroethylene,

FOX7)

(CAS

145250-81-3);

7. DATB (diaminotrinitrobenzene) (CAS 1630-08-6);

8. DDFP (1,4-dinitrodifurazanopiperazine);

9. DDPO (2,6-diamino-3,5-dinitropyrazine-1-oxide, PZO) (CAS

194486-77-6);

10. DIPAM (3,3′-diamino-2,2′,4,4′,6,6′-hexanitrobiphenyl

or

dipicramide) (CAS 17215-44-0);

11. DNGU (DINGU or dinitroglycoluril) (CAS 55510-04-8);

12. Furazans, as follows

a. DAAOF (diaminoazoxyfurazan);

b. DAAzF (diaminoazofurazan) (CAS 78644-90-3);

13. HMX and derivatives (see also ML8.g.5. for its ‘precursors’),

as follows

a.

HMX (Cyclotetramethylenetetranitramine, octahydro-

1,3,5,7-tetranitro-1,3,5,7-tetrazine, 1,3,5,7- tetranitro-

1,3,5,7-tetraza-cyclooctane, octogen or octogene)

(CAS 2691-41-0);

b.

difluoroaminated analogs of HMX;

c.

K-55

(2,4,6,8-tetranitro-2,4,6,8-tetraazabicyclo

[3,3,0]-octanone-3, tetranitrosemiglycouril or keto-

bicyclic HMX) (CAS 130256-72-3);

14. HNAD (hexanitroadamantane) (CAS 143850-71-9);

15. HNS (hexanitrostilbene) (CAS 20062-22-0);

16. Imidazoles as follows

a. BNNII (Octahydro-2,5-bis(nitroimino)imidazo

[4,5-

d]imidazole);

b.

DNI (2,4-dinitroimidazole) (CAS 5213-49-0);

c.

FDIA (1-fluoro-2,4-dinitroimidazole);

d.

NTDNIA (N-(2-nitrotriazolo)-2,4-dinitroimidazole);

e.

PTIA (1-picryl-2,4,5-trinitroimidazole);

17. NTNMH (1-(2-nitrotriazolo)-2-dinitromethylene hydrazine);

18. NTO (ONTA or 3-nitro-1,2,4-triazol-5-one) (CAS 932-64-

9);

19. Polynitrocubanes with more than four nitro groups;

20. PYX (2,6-Bis(picrylamino)-3,5-dinitropyridine) (CAS 38082-

89-2);

21. RDX and derivatives, as follows

a.

RDX (cyclotrimethylenetrinitramine, cyclonite, T4,

hexahydro-1,3,5-trinitro-1,3,5-triazine, 1,3,5- trinitro-

1,3,5-triaza-cyclohexane, hexogen or hexogene) (CAS

121-82-4);

b.

Keto-RDX

(K-6

or

2,4,6-trinitro-2,4,6-

triazacyclohexanone) (CAS 115029-35-1);

22. TAGN (triaminoguanidinenitrate) (CAS 4000-16-2);

23. TATB (triaminotrinitrobenzene) (CAS 3058-38-6) (see also

ML8.g.7 for its ‘precursors’);

24. TEDDZ

(3,3,7,7-tetrabis(difluoroamine)

octahydro-1,5-

dinitro-1,5-diazocine);

25. Tetrazoles, as follows

a.

NTAT (nitrotriazol aminotetrazole);

b.

NTNT (1-N-(2-nitrotriazolo)-4-nitrotetrazole);

26. Tetryl (trinitrophenylmethylnitramine) (CAS 479-45-8);

TNAD (1,4,5,8-tetranitro-1,4,5,8-tetraazadecalin) (CAS

135877-16-6) (see also ML8.g.6. for its ‘precursors’);

TNAZ (1,3,3-trinitroazetidine) (CAS 97645-24-4) (see also

ML8.g.2. for its ‘precursors’);

TNGU (SORGUYL or tetranitroglycoluril) (CAS 55510-03-7);

TNP (1,4,5,8-tetranitro-pyridazino[4,5-d]pyridazine) (CAS

229176-04-9);

Triazines, as follows

a.

DNAM

(2-oxy-4,6-dinitroamino-s-triazine)

(CAS

19899-80-0);

NNHT (2-nitroimino-5-nitro-hexahydro-1,3,5-triazine)

(CAS 130400-13-4);

Triazoles, as follows

5-azido-2-nitrotriazole;

ADHTDN

(4-amino-3,5-dihydrazino-1,2,4-triazole

dinitramide) (CAS 1614-08-0);

ADNT (1-amino-3,5-dinitro-1,2,4-triazole);

BDNTA ([bis-dinitrotriazole]amine);

DBT (3,3′-dinitro-5,5-bi-1,2,4-triazole) (CAS 30003-

46-4);

DNBT (dinitrobistriazole) (CAS 70890-46-9);

NTDNA (2-nitrotriazole 5-dinitramide) (CAS 75393-

84-9);

NTDNT (1-N-(2-nitrotriazolo) 3,5-dinitrotriazole);

PDNT (1-picryl-3,5-dinitrotriazole);

TACOT (tetranitrobenzotriazolobenzotriazole) (CAS

25243-36-1);

Explosives not listed elsewhere in ML8.a. and having any of

the following

Detonation velocity exceeding 8 700 m/s, at

maximum density, or b. Detonation pressure

exceeding 34 GPa (340 kbar);

Organic explosives not listed elsewhere in ML8.a. and

having all the following

Yielding detonation pressures of 25 GPa (250 kbar)

or more and

Remaining stable at temperatures of 523 K (250 °C)

or higher for periods of five minutes or longer;

‘Propellants’ as follows

1. Any United Nations (UN) Class 1.1 solid ‘propellant’ with

a theoretical specific impulse (under standard conditions)

of more than 250 seconds for non-metallised, or more

than 270 seconds for aluminised compositions;

2. Any UN Class 1.3 solid ‘propellant’ with a theoretical specific

impulse (under standard conditions) of more than 230

seconds for non-halogenised, 250 seconds for non-metallised

compositions and 266 seconds for metallised compositions;

3. ‘Propellants’ having a force constant of more than 1 200 kJ/

kg;

4. ‘Propellants’ that can sustain a steady-state linear burning

rate of more than 38 mm/s under standard conditions (as

measured in the form of an inhibited single strand) of 6,89

MPa (68,9 bar) pressure and 294 K (21 °C);

5. Elastomer Modified Cast Double Base (EMCDB) ‘propellants’

with extensibility at maximum stress of more than 5 % at

233 K (– 40 °C);

6. Any ‘propellant’ containing substances specified by ML8.a.

7. ‘Propellants’, not specified elsewhere in the EU Common

Military List, specially designed for military use;

‘Pyrotechnics’, fuels and related substances, as follows, and

mixtures thereof

1. Aircraft fuels specially formulated for military purposes;

2. Alane (aluminium hydride) (CAS 7784-21-6);

3. Carboranes; decaborane (CAS 17702-41-9); pentaboranes

(CAS 19624-22-7 and 18433-84-6) and their derivatives;

4. Hydrazine and derivatives, as follows (see also ML8.d.8. and

d.9. for oxidising hydrazine derivatives)

a.

Hydrazine (CAS 302-01-2) in concentrations of 70 %

or more;

b.

Monomethyl hydrazine (CAS 60-34-4);

c.

Symmetrical dimethyl hydrazine (CAS 540-73-8);

d.

Unsymmetrical dimethyl hydrazine (CAS 57-14-7);

5. Metal fuels in particle form whether spherical, atomised,

spheroidal, flaked or ground, manufactured from material

consisting of 99 % or more of any of the following

a.

Metals as follows and mixtures thereof

1. Beryllium (CAS 7440-41-7) in particle sizes of

less than 60 µm;

2. Iron powder (CAS 7439-89-6) with particle size

of 3 µm or less produced by reduction of iron

oxide with hydrogen;

b.

Mixtures containing any of the following

1. Zirconium (CAS 7440-67-7), magnesium (CAS

7439-95-4) or alloys of these in particle sizes of

less than 60 µm; or

2. Boron (CAS 7440-42-8) or boron carbide (CAS

12069-32-8) fuels of 85 % purity or higher and

particle sizes of less than 60 µm;

6. Military materials, containing thickeners for hydrocarbon

fuels, specially formulated for use in flame throwers or

incendiary munitions, such as metal stearates or palmates

(e.g. octal (CAS 637-12-7)) and M1, M2, and M3

thickeners;

7. Perchlorates, chlorates and chromates, composited with

powdered metal or other high energy fuel components;

8. Spherical aluminium powder (CAS 7429-90-5) with a

particle size of 60 µm or less, manufactured from material

with an aluminium content of 99 % or more;

9. Titanium subhydride (TiHn) of stoichiometry equivalent to

n = 0,65 to 1,68.

Note 1:Aircraft fuels specified by ML8.c.1. are finished products, not

their constituents.

Note 2: ML8.c.4.a. does not apply to hydrazine mixtures specially

formulated for corrosion control.

Note 3: ML8.c.5. applies to explosives and fuels, whether or not the

metals or alloys are encapsulated in aluminium, magnesium,

zirconium, or beryllium.

Note 4: ML8.c.5.b.2. does not apply to boron and boron carbide

enriched with boron-10 (20 % or more of total boron-10

content).

Oxidizers as follows, and mixtures thereof

1. ADN (ammonium dinitramide or SR 12) (CAS 140456-

78-6);

2. AP (ammonium perchlorate) (CAS 7790-98-9);

3. Compounds composed of fluorine and any of the

following

a. Other halogens;

b. Oxygen; or

c. Nitrogen;

Note 1: ML8.d.3 does not apply to chlorine trifluoride (CAS 7790-

91-2). See 1C238 on the EU Dual-Use List.

Note 2: ML8.d.3 does not apply to nitrogen trifluoride (CAS 7783-

54-2) in its gaseous state.

4. DNAD (1,3-dinitro-1,3-diazetidine) (CAS 78246-06-7);

5. HAN (hydroxylammonium nitrate) (CAS 13465-08-2);

6. HAP (hydroxylammonium perchlorate) (CAS 15588-62-

2);

7. HNF (hydrazinium nitroformate) (CAS 20773-28-8);

8. Hydrazine nitrate (CAS 37836-27-4);

9. Hydrazine perchlorate (CAS 27978-54-7);

10. Liquid oxidisers comprised of or containing inhibited red

fuming nitric acid (IRFNA) (CAS 8007-58-7);

Note: ML8.d.10 does not apply to non-inhibited fuming nitric acid.

Binders, plasticisers, monomers and polymers, as follows

1. AMMO (azidomethylmethyloxetane and its polymers) (CAS

90683-29-7) (see also ML8.g.1. for its ‘precursors’);

2. BAMO (bisazidomethyloxetane and its polymers) (CAS

17607-20-4) (see also ML8.g.1. for its ‘precursors’);

3. BDNPA (bis (2,2-dinitropropyl)acetal) (CAS 5108-69-0);

4. BDNPF (bis (2,2-dinitropropyl)formal) (CAS 5917-61-3);

5. BTTN (butanetrioltrinitrate) (CAS 6659-60-5) (see also

ML8.g.8. for its ‘precursors’);

6. Energetic monomers, plasticisers or polymers, specially

formulated for military use and containing any of the

following;

a. Nitro groups;

b. Azido groups;

c. Nitrate groups;

d. Nitrataza groups; or

e. Difluoroamino groups;

7. FAMAO (3-difluoroaminomethyl-3-azidomethyl oxetane)

and its polymers;

8. FEFO (bis-(2-fluoro-2,2-dinitroethyl) formal) (CAS 17003-

79-1);

9. FPF-1 (poly-2,2,3,3,4,4-hexafluoropentane-1,5-diol formal)

(CAS 376-90-9);

10. FPF-3 (poly-2,4,4,5,5,6,6-heptafluoro-2-tri-fluoromethyl-3-

oxaheptane-1,7-diol formal);

11. GAP (glycidylazide polymer) (CAS 143178-24-9) and its

derivatives;

12. HTPB (hydroxyl terminated polybutadiene) with a

hydroxyl functionality equal to or greater than 2,2 and

less than or equal to 2,4, a hydroxyl value of less than

0,77 meq/g, and a viscosity at 30 °C of less than 47 poise

(CAS 69102-90-5);

13. Alcohol functionalised poly(epichlorohydrin)

with

a

molecular weight less than 10 000, as follows

a. Poly(epichlorohydrindiol);

b. Poly(epichlorohydrintriol)

14. NENAs (nitratoethylnitramine compounds) (CAS 17096-

47-8, 85068-73-1, 82486-83-7, 82486-82-6 and 85954-

06-9);

15. PGN (poly-GLYN, polyglycidylnitrate or poly(nitratomethyl

oxirane) (CAS 27814-48-8);

16. Poly-NIMMO (poly nitratomethylmethyloxetane) or poly-

NMMO (poly[3-Nitratomethyl-3-methyl-oxetane]) (CAS

84051-81-0);

17. Polynitroorthocarbonates;

18. TVOPA

(1,2,3-tris[1,2-bis(difluoroamino)ethoxy]

propane or tris vinoxy propane adduct) (CAS 53159-39-

0).

‘Additives’ as follows

1. Basic copper salicylate (CAS 62320-94-9);

2. BHEGA (bis-(2-hydroxyethyl) glycolamide) (CAS 17409-41-

5);

3. BNO (butadienenitrileoxide) (CAS 9003-18-3);

4. Ferrocene derivatives as follows

a.

Butacene (CAS 125856-62-4);

b.

Catocene (2,2-bis-ethylferrocenyl

propane) (CAS

37206-42-1);

c.

Ferrocene carboxylic acids;

d.

n-butyl-ferrocene (CAS 31904-29-7);

e.

Other adducted polymer ferrocene derivatives;

5. Lead beta-resorcylate (CAS 20936-32-7);

6. Lead citrate (CAS 14450-60-3);

7. Lead-copper chelates of beta-resorcylate or salicylates (CAS

68411-07-4);

8. Lead maleate (CAS 19136-34-6);

9. Lead salicylate (CAS 15748-73-9);

10. Lead stannate (CAS 12036-31-6);

11. MAPO (tris-1-(2-methyl)aziridinyl phosphine oxide) (CAS

57-39-6); BOBBA 8 (bis(2-methyl aziridinyl) 2-(2-

hydroxypropanoxy) propylamino phosphine oxide); and

other MAPO derivatives;

12. Methyl BAPO (bis(2-methyl aziridinyl)

methylamino

phosphine oxide) (CAS 85068-72-0);

13. N-methyl-p-nitroaniline (CAS 100-15-2);

14. 3-Nitraza-1,5-pentane diisocyanate (CAS 7406-61-9);

15. Organo-metallic coupling agents as follows

a.

Neopentyl[diallyl]oxy,

tri[dioctyl]phosphato-

titanate (CAS 103850-22-2); also known as titanium

IV, ,2[bis 2-propenolato-methyl, utanolato,tris

(dioctyl) phosphato] (CAS 110438-25-0); or LICA

12 (CAS 103850-22-2);

b.

Titanium IV,

[(2-propenolato-1) methyl, n-

propanolatomethyl] butanolato-1, tris[dioctyl] pyro-

phosphate or KR3538;

c.

Titanium

IV,

[(2-propenolato-1)methyl,

n-

propanolatomethyl]

butanolato-1,

tris(dioctyl)phosphate;

16. Polycyanodifluoroaminoethyleneoxide;

17. Polyfunctional aziridine amides with isophthalic, trimesic

(BITA or butylene imine trimesamide), isocyanuric or

trimethyladipic backbone structures and 2-methyl or 2-

ethyl substitutions on the aziridine ring;

18. Propyleneimine (2-methylaziridine) (CAS 75-55-8);

19. Superfine iron oxide (Fe2O3) (CAS 1317-60-8) with a

specific surface area more than 250 m2/g and an average

particle size of 3,0 nm or less;

20. TEPAN (tetraethylenepentaamineacrylonitrile) (CAS 68412-

45-3); cyanoethylated polyamines and their salts;

21. TEPANOL

(tetraethylenepentaamineacrylonitrileglycidol)

(CAS 68412-46-4); cyanoethylated poly-amines adducted

with glycidol and their salts;

22. TPB (triphenyl bismuth) (CAS 603-33-8).

‘Precursors’, as follows

In ML8.g. the references are to specified ‘Energetic Materials’

manufactured from these substances.

1. BCMO (bischloromethyloxetane) (CAS 142173-26-0) (see

also ML8.e.1. and e.2.);

2. Dinitroazetidine-t-butyl salt (CAS 125735-38-8) (see also

ML8.a.28.);

3. HBIW (hexabenzylhexaazaisowurtzitane) (CAS 124782-15-

6) (see also ML8.a.4.);

4. TAIW (tetraacetyldibenzylhexaazaisowurtzitane) (see also

ML8.a.4.) (CAS 182763-60-6);

5. TAT (1,3,5,7 tetraacetyl-1,3,5,7,-tetraaza cyclo-octane)

(CAS 41378-98-7) (see also ML8.a.13.);

6. 1,4,5,8-tetraazadecalin

(CAS

5409-42-7)

(see

also

ML8.a.27.);

7. 1,3,5-trichlorobenzene (CAS

108-70-3)

(see

also

ML8.a.23.);

8. 1,2,4-trihydroxybutane (1,2,4-butanetriol) (CAS 3068-00-

6) (see also ML8.e.5.).

Note 5: Not used since 2009

Note 6: ML8 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.

Ammonium picrate (CAS 131-74-8);

Black powder;

Hexanitrodiphenylamine (CAS 131-73-7);

Difluoroamine (CAS 10405-27-3);

Nitrostarch (CAS9056-38-6);

Potassium nitrate (CAS 7757-79-1);

Tetranitronaphthalene;

Trinitroanisol;

Trinitronaphthalene;

Trinitroxylene;

N-pyrrolidinone; 1-methyl-2-pyrrolidinone (CAS 872-50-4);

Dioctylmaleate (CAS 142-16-5);

Ethylhexylacrylate (CAS 103-11-7);

Triethylaluminium (TEA) (CAS 97-93-8), trimethylaluminium

(TMA) (CAS 75-24-1), and other pyrophoric metal alkyls

and aryls of lithium, sodium, magnesium, zinc or boron;

Nitrocelluose (CAS 9004-70-0);

Nitroglycerin (or glyceroltrinitrate, trinitroglycerine) (NG) (CAS

55-63-0);

2,4,6-trinitrotoluene (TNT) (CAS 118-96-7);

Ethylenediaminedinitrate (EDDN) (CAS 20829-66-7);

Pentaerythritoltetranitrate (PETN) (CAS 78-11-5);

Lead azide (CAS 13424-46-9), normal lead styphnate (CAS

15245-44-0) and basic lead styphnate (CAS 12403-82-6),

and primary explosives or priming compositions containing azides

or azide complexes;

Triethyleneglycoldinitrate (TEGDN) (CAS 111-22-8);

2,4,6-trinitroresorcinol (styphnic acid) (CAS 82-71-3);

Diethyldiphenylurea (CAS 85-98-3); dimethyldiphenylurea

(CAS 611-92-7); methylethyldiphenyl urea [Centralites];

N,N-diphenylurea (unsymmetrical diphenylurea) (CAS 603-54-

3);

Methyl-N,N-diphenylurea (methyl unsymmetrical diphenylurea)

(CAS 13114-72-2);

Ethyl-N,N-diphenylurea (ethyl unsymmetrical diphenylurea) (CAS

64544-71-4);

aa. 2-Nitrodiphenylamine (2-NDPA) (CAS 119-75-5); bb. 4-

Nitrodiphenylamine (4-NDPA) (CAS 836-30-6); cc. 2,2-

dinitropropanol (CAS 918-52-5);

dd. Nitroguanidine (CAS 556-88-7) (see 1C011.d. on the EU

Dual-Use List).

Vessels of war (surface or underwater), special naval equipment,

accessories, components and other surface vessels, as follows

For guidance and navigation equipment, see ML11.

Vessels and components, as follows

1. Vessels (surface or underwater) specially designed or

modified for military use, regardless of current state of

repair or operating condition, and whether or not they

contain weapon delivery systems or armour, and hulls or

parts of hulls for such vessels, and components therefor

specially designed for military use;

2. Surface vessels, other than those specified in ML9.a.1.,

having any of the following, fixed or integrated into the

vessel

a.

Automatic weapons having a calibre of 12,7 mm or

greater specified in ML1., or weapons specified in

ML2., ML4., ML12. or ML19., or ‘mountings’ or

hard points for such weapons;

Technical Note

‘Mountings’ refers to weapon mounts or structural

strengthening for the purpose of installing weapons.

b.

Fire control systems specified in ML5.;

c.

Having all of the following

1. ‘Chemical, Biological, Radiological and Nuclear

(CBRN) protection’; and

2. ‘Pre-wet or wash down system’ designed for

decontamination purposes; or

Technical Notes

1. CBRN protection’ is a self contained interior space

containing features such as over-pressurization,

isolation of ventilation systems, limited ventilation

openings with CBRN filters and limited personnel

access points incorporating air-locks.

2. ‘Pre-wet or wash down system’ is a seawater spray

system capable of simultaneously wetting the

exterior superstructure and decks of a vessel.

Active weapon countermeasure systems specified in ML4.b.,

ML5.c. or ML11.a. and having any of the following

1. ‘CBRN protection’;

2. Hull and superstructure, specially designed to reduce the

radar cross section;

3. Thermal signature reduction devices, (e.g. an exhaust gas

cooling system), excluding those specially designed to

increase overall power plant efficiency or to reduce the

environmental impact; or

4. A degaussing system designed to reduce the magnetic

signature of the whole vessel;

Engines and propulsion systems, as follows, specially designed for

military use and components therefor specially designed for

military use

1. Diesel engines specially designed for submarines and

having all of the following

a.

Power output of 1,12 MW (1 500 hp) or more; and

b. Rotary speed of 700 rpm or more;

2. Electric motors specially designed for submarines and

having all of the following

a.

Power output of more than 0,75 MW (1 000 hp);

b.

Quick reversing;

c.

Liquid cooled; and

d.

Totally enclosed;

3. Non-magnetic diesel engines having all of the following

a. Power output of 37,3 kW (50 hp) or more; and

b. Non-magnetic content in excess of 75 % of total mass;

4. ‘Air Independent Propulsion’ (AIP)

systems specially

designed for submarines;

Technical Note

‘Air Independent Propulsion’ (AIP) allows a submerged submarine

to operate its propulsion system, without access to atmospheric

oxygen, for a longer time than the batteries would have otherwise

allowed. For the purposes of ML9.b.4., AIP does not include

nuclear power.

Underwater detection devices, specially designed for military

use, controls therefor and components therefor specially

designed for military use;

Anti-submarine nets and anti-torpedo nets, specially designed

for military use;

Not used since 2003;

Hull penetrators and connectors, specially designed for military

use, that enable interaction with equipment external to a vessel,

and components therefor specially designed for military use;

Note

ML9.f. includes connectors for vessels which are of the single-

conductor, multi-conductor, coaxial or waveguide type, and hull

penetrators for vessels, both of which are capable of remaining

impervious to leakage from without and of retaining required

characteristics at marine depths exceeding 100 m; and fibre-

optic connectors and optical hull penetrators, specially designed

for ‘laser’ beam transmission, regardless of depth. ML9.f. does

not apply to ordinary propulsive shaft and hydrodynamic

control-rod hull penetrators.

Silent bearings having any of the following, components

therefor and equipment containing those bearings, specially

designed for military use

1. Gas or magnetic suspension;

2. Active signature controls; or

3. Vibration suppression controls.

‘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

For guidance and navigation equipment, see ML11.

Combat ‘aircraft’ and specially designed components therefor;

Other ‘aircraft’ and ‘lighter-than-air vehicles’, specially designed or

modified for military use, including military reconnaissance,

assault, military training, transporting and airdropping troops

or military equipment, logistics support, and specially designed

components therefor;

Unmanned airborne vehicles and related equipment, specially

designed or modified for military use, as follows, and specially

designed components therefor

1. Unmanned airborne vehicles including remotely piloted air

vehicles (RPVs), autonomous programmable vehicles and

‘lighter-than-air vehicles’;

2. Associated launchers and ground support equipment;

3. Related equipment for command and control;

Aero-engines specially designed or modified for military use,

and specially designed components therefor;

Airborne equipment, including airborne refuelling equipment,

specially designed for use with the ‘aircraft’ specified by

ML10.a. or ML10.b. or the aero-engines specified by ML10.d.,

and specially designed components therefor;

Pressure refuellers, pressure refuelling equipment, equipment

specially designed to facilitate operations in confined areas and

ground equipment, developed specially for ‘aircraft’ specified by

ML10.a. or ML10.b., or for aero-engines specified by ML10.d.;

Military crash helmets and protective masks, and specially

designed components therefor, pressurised breathing equipment

and partial pressure suits for use in ‘aircraft’, anti-g suits, liquid

oxygen converters used for ‘aircraft’ or missiles, and catapults

and cartridge actuated devices, for emergency escape of

personnel from ‘aircraft’;

Parachutes, paragliders and related equipment, as follows, and

specially designed components therefor

1. Parachutes not specified elsewhere in the EU Common

Military List;

2. Paragliders;

3. Equipment specially designed for

high

altitude

parachutists (e.g. suits, special helmets, breathing systems,

navigation equipment);

Automatic piloting systems for parachuted loads; equipment

specially designed or modified for military use for controlled

opening jumps at any height, including oxygen equipment.

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

a.

Not configured for military use and not fitted with

equipment or attachments specially designed or modified for

military use; and

b.

Certified for civil use by the civil aviation authority in a

Member State or in a Wassenaar Arrangement

Participating State.

Note 2: ML10.d. does not apply to

a.

Aero-engines designed or modified for military use which

have been certified by civil aviation authorities in a

Member State or in a Wassenaar Arrangement

Participating State for use in ‘civil aircraft’, or specially

designed components therefor;

b.

Reciprocating engines or specially designed components

therefor, except those specially designed for unmanned

airborne vehicles.

Note 3: ML10.b. and ML10.d. on specially designed components and

related equipment for non-military ‘aircraft’ or aero-engines

modified for military use applies only to those military

components and to military related equipment required for the

modification to military use.

Electronic equipment, not specified elsewhere on the EU Common

Military List, as follows, and specially designed components

Electronic equipment specially designed for military use;

ML11.a. includes

a.

Electronic countermeasure and electronic counter-

countermeasure equipment (i.e. equipment designed to

introduce extraneous or erroneous signals into radar or

radio communication receivers or otherwise hinder the

reception, operation or effectiveness of adversary electronic

receivers including their counter- measure equipment),

including jamming and counter-jamming equipment;

b.

Frequency agile tubes;

c.

Electronic systems or equipment, designed either for

surveillance and monitoring of the electro-magnetic

spectrum for military intelligence or security purposes or

for counteracting such surveillance and moni- toring;

d.

Underwater countermeasures, including acoustic and

magnetic jamming and decoy, equipment designed to

introduce extraneous or erroneous signals into sonar

receivers;

e.

Data processing security equipment, data security

equipment and transmission and signalling line security

equipment, using ciphering processes;

f.

Identification, authentification and keyloader equipment

and key management, manufacturing and distribution

equipment;

g.

Guidance and navigation equipment;

h.

Digital troposcatter-radio communications transmission

equipment;

i.

Digital demodulators specially designed for

signals

intelligence;

j.

‘Automated command and control systems’.

For ‘software’ associated with military ‘Software’ Defined Radio

(SDR), see ML21.

Global Navigation Satellite Systems (GNSS) jamming equipment.

High velocity kinetic energy weapon systems and related

equipment, as follows, and specially designed components

Kinetic energy weapon systems specially designed for destruction

or effecting mission-abort of a target;

Specially designed test and evaluation facilities and test models,

including diagnostic instrumentation and targets, for dynamic

testing of kinetic energy projectiles and systems.

For weapon systems using sub-calibre ammunition or employing solely

chemical propulsion, and ammunition therefor, see ML1 to ML4.

Note 1: ML12 includes the following when specially designed for kinetic energy

weapon systems

Launch propulsion systems capable of accelerating masses larger

than 0,1 g to velocities in excess of 1,6 km/s, in single or rapid

fire modes;

Prime power generation, electric armour, energy storage, thermal

management, conditioning, switching or fuel-handling equipment;

and electrical interfaces between power supply, gun and other

turret electric drive functions;

Target acquisition, tracking, fire control or damage assessment

systems;

Homing seeker, guidance or divert propulsion (lateral acceleration)

systems for projectiles.

Note 2: ML12 applies to weapon systems using any of the following methods

of propulsion

Electromagnetic;

Electrothermal;

Plasma;

d.

Light gas; or

e.

Chemical (when used in combination with any of the above).

Armoured or

protective

equipment,

constructions

and

components, as follows

Armoured plate, having any of the following

1. Manufactured to comply with a military standard or

specification; or

2. Suitable for military use;

Constructions of metallic or non-metallic materials, or

combinations thereof, specially designed to provide ballistic

protection for military systems, and specially designed

components therefor;

Helmets manufactured according to military standards or

specifications, or comparable national standards, and specially

designed components therefor, (i.e. helmet shell, liner and

comfort pads);

Body armour and protective garments, manufactured according

to military standards or specifications, or equivalent, and

specially designed components therefor.

Note 1: ML13.b. includes materials specially designed to form explosive reactive

armour or to construct military shelters.

Note 2: ML13.c. does not apply to conventional steel helmets, neither modified or

designed to accept, nor equipped with any type of accessory device.

Note 3: ML13.c. and d. do not apply to helmets, body armour or protective

garments, when accompanying their user for the user’s own personal

protection.

Note 4: The only helmets specially designed for bomb disposal personnel that

are specified by ML13. are those specially designed for military use.

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 body

armour and helmets, see entry 1C010 on the EU Dual Use List.

‘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

The term ‘specialised equipment for military training’ includes military types of

attack trainers, operational flight trainers, radar target trainers, radar target

generators, gunnery training devices, anti-submarine warfare trainers, flight

simulators (including human-rated centrifuges for pilot/astronaut training), radar

trainers, instrument flight trainers, navigation trainers, missile launch trainers,

target equipment, drone ‘aircraft’, armament trainers, pilotless ‘aircraft’ trainers,

mobile training units and training equipment for ground military operations.

Note 1: ML14 includes image generating and interactive environment systems

for simulators, when specially designed or modified for military use.

Note 2: ML14 does not apply to equipment specially designed for training in

the use of hunting or sporting weapons.

Imaging or countermeasure equipment, as follows, specially

designed for military use, and specially designed components and

accessories therefor

a.

Recorders and image processing equipment;

b.

Cameras, photographic

equipment

and

film

processing

equipment;

c.

Image intensifier equipment;

d.

Infrared or thermal imaging equipment;

e.

Imaging radar sensor equipment;

f.

Countermeasure or counter-countermeasure equipment, for the

equipment specified by ML15.a. to ML15.e.

Note: ML15.f. includes equipment designed to degrade the operation or

effectiveness of military imaging systems or to minimize such degrading

effects.

Note 1: In ML15, the term specially designed components includes the

following when specially designed for military use

a.

Infrared image converter tubes;

b.

Image intensifier tubes (other than first generation);

c.

Microchannel plates;

d.

Low-light-level television camera tubes;

e.

Detector arrays (including electronic interconnection or read out

systems);

f.

Pyroelectric television camera tubes;

g.

Cooling systems for imaging systems;

h.

Electrically triggered shutters of the photochromic or electro-

optical type having a shutter speed of less than 100 µs, except in

the case of shutters which are an essential part of a high-speed

camera;

i.

Fibre optic image inverters;

j.

Compound semiconductor photocathodes

Note 2: ML15 does not apply to ‘first generation image intensifier tubes’ or

equipment specially designed to incorporate ‘first generation image

intensifier tube’.

N.B.

For the classification of weapons sights incorporating ‘first generation

image intensifier tubes’ see ML1., ML2. and ML5.a.

N.B.

See also 6A002.a.2. and 6A002.b. on the EU Dual-Use List.

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

a.

Self-contained diving and underwater swimming apparatus, as

follows

1. Closed or semi-closed circuit (rebreathing) apparatus

specially designed for military use (i.e. specially designed to

be non magnetic);

2. Specially designed components for use in the conversion of

open-circuit apparatus to military use;

3. Articles designed exclusively for military use with self-

contained diving and underwater swimming apparatus;

Construction equipment specially designed for military use;

Fittings, coatings and treatments, for signature suppression,

specially designed for military use;

Field engineer equipment specially designed for use in a combat

zone;

‘Robots’, ‘robot’ controllers and ‘robot’ ‘end-effectors’, having any

of the following characteristics

1. Specially designed for military use;

2. Incorporating means of protecting hydraulic lines against

externally induced punctures caused by ballistic fragments

(e.g. incorporating self-sealing lines) and designed to use

hydraulic fluids with flash points higher than 839 K

(566°C); or

3. Specially designed or rated for operating in an electro

magnetic pulse (EMP) environment;

Technical Note

Electro-magnetic pulse does not refer to unintentional interference

caused by electromagnetic radiation from nearby equipment (e.g.

machinery, appliances or electronics) or lightning.

‘Libraries’ (parametric technical databases) specially designed for

military use with equipment specified by the EU Common

Military List;

Nuclear power generating equipment or propulsion equipment,

including ‘nuclear reactors’, specially designed for military use

and components therefor specially designed or ‘modified’ for

military use;

Equipment and material, coated or treated for signature

suppression, specially designed for military use, other than those

specified elsewhere in the EU Common Military List;

Simulators specially designed for military ‘nuclear reactors’;

Mobile repair shops specially designed or ‘modified’ to service

military equipment;

Field generators specially designed or ‘modified’ for military use;

Containers specially designed or ‘modified’ for military use;

Ferries, other than those specified elsewhere in the EU Common

Military List, bridges and pontoons, specially designed for

military use;

Test models specially designed for the ‘development’ of items

specified by ML4, ML6, ML9 or ML10;

Laser protection equipment (e.g. eye and sensor protection)

specially designed for military use.

‘Fuel cells’ other than those specified elsewhere in the EU

Common Military List, specially designed or ‘modified’ for

military use.

Technical Notes

1. For the purpose of ML17, the term ‘library’ (parametric technical database)

means a collection of technical information of a military nature, reference to

which may enhance the performance of military equipment or systems.

2. For the purpose of ML17, ‘modified’ means any structural, electrical, mechanical,

or other change that provides a non-military item with military capabilities

equivalent to an item which is specially designed for military use.

Production equipment and components, as follows

Specially designed or modified ‘production’ equipment for the

‘production’ of products specified by the EU Common Military

List, and specially designed components therefor;

Specially designed environmental test facilities and specially

designed equipment therefor, for the certification, qualification

or testing of products specified by the EU Common Military

List.

Technical Note

For the purposes of ML18, the term ‘production’ includes design, examination,

manufacture, testing and checking.

ML18.a. and ML18.b. include the following equipment

a.

Continuous nitrators;

Centrifugal testing apparatus or equipment having any of the

following

1. Driven by a motor or motors having a total rated

horsepower of more than 298 kW (400 hp);

2. Capable of carrying a payload of 113 kg or more; or

3. Capable of exerting a centrifugal acceleration of 8 g or

more on a payload of 91 kg or more;

Dehydration presses;

Screw extruders specially designed or modified for military

explosive extrusion;

Cutting machines for the sizing of extruded propellants;

Sweetie barrels (tumblers) 1,85 m or more in diameter and

having over 227 kg product capacity;

Continuous mixers for solid propellants;

Fluid energy mills for grinding or milling the ingredients of

military explosives;

Equipment to achieve both sphericity and uniform particle size

in metal powder listed in ML8.c.8.;

Convection current converters for the conversion of materials

listed in ML8.c.3.

Directed energy weapon systems (DEW), related or countermeasure

equipment and test models, as follows, and specially designed

components therefor

‘Laser’ systems specially designed for destruction or effecting

mission-abort of a target;

Particle beam systems capable of destruction or effecting

mission-abort of a target;

High power radio-frequency (RF) systems capable of destruction

or effecting mission-abort of a target;

Equipment specially designed for the detection or identification

of, or defence against, systems specified by ML19.a. to ML19.c.;

Physical

test

models for

the

systems, equipment and

components, specified by ML19.

Continuous wave or pulsed ‘laser’ systems, specially designed to

cause permanent blindness to unenhanced vision, i.e. to the

naked eye or to the eye with corrective eyesight devices.

Note 1: Directed energy weapon systems specified by ML19 include systems

whose capability is derived from the controlled application of

‘Lasers’ of sufficient continuous wave or pulsed power, to effect

destruction similar to the manner of conventional ammunition;

Particle accelerators which project a charged or neutral particle

beam with destructive power;

High pulsed power or high average power radio frequency beam

transmitters, which produce fields sufficiently intense to disable

electronic circuitry at a distant target.

Note 2: ML19 includes the following when specially designed for directed energy

weapon systems

Prime power generation, energy storage, switching, power

conditioning or fuel-handling equipment;

Target acquisition or tracking systems;

Systems capable of assessing target damage, destruction or

mission-abort;

Beam-handling, propagation or pointing equipment;

Equipment with rapid beam slew capability for rapid multiple

target operations;

Adaptive optics and phase conjugators;

Current injectors for negative hydrogen ion beams;

‘Space-qualified’ accelerator components;

Negative ion beam funnelling equipment;

Equipment for controlling and slewing a high energy ion beam;

‘Space qualified’ foils for neutralising negative hydrogen isotope

beams.

Cryogenic and ‘superconductive’ equipment, as follows, and

specially designed components and accessories therefor

Equipment specially designed or configured to be installed in a

vehicle for military ground, marine, airborne or space

applications, capable of operating while in motion and of

producing or maintaining temperatures below 103 K (– 70 °C);

Note: ML20.a. includes mobile systems incorporating or employing

accessories or components manufactured from non-metallic or non-

electrical conductive materials, such as plastics or epoxy-

impregnated materials.

b. ‘Superconductive’ electrical equipment (rotating machinery

and transformers) specially designed or configured to be

installed in a vehicle for military ground, marine, airborne or

space applications, and capable of operating while in motion.

Note: ML20.b. does not apply to direct current hybrid homopolar

generators that have single-pole normal metal armatures which

rotate in a magnetic field produced by superconducting windings,

provided those windings are the only superconducting

components in the generator.

‘Software’, as follows

‘Software’ specially designed or modified for the ‘development’,

‘production’ or ‘use’ of equipment, materials or ‘software’, specified

by the EU Common Military List;

Specific ‘software’, other than that specified by ML21.a., as

follows

1. ‘Software’ specially designed for military use and specially

designed for modelling, simulating or evaluating military

weapon systems;

2. ‘Software’ specially designed for military use and specially

designed for modelling or simulating military operational

scenarios;

3. ‘Software’ for determining the effects of conventional,

nuclear, chemical or biological weapons;

4. ‘Software’ specially designed for military use and specially

designed for Command, Communications, Control and

Intelligence (C3I) or Command, Communications, Control,

Computer and Intelligence (C4I) applications;

‘Software’, not specified by ML21.a., or b., specially designed or

modified to enable equipment not specified by the EU Common

Military List to perform the military functions of equipment

specified by the EU Common Military List.

‘Technology’ as follows

‘Technology’, other than specified in ML22.b., which is ‘required’

for the ‘development’, ‘production’ or ‘use’ of items specified in

the EU Common Military List;.

‘Technology’ as follows

1. ‘Technology’ ‘required’ for the design of, the assembly of

components into, and the operation, maintenance and

repair of, complete production installations for items

specified in the Common Military List of The European

Union, even if the components of such production

installations are not specified;

2. ‘Technology’ ‘required’ for the ‘development’ and ‘production’

of small arms even if used to produce reproductions of

antique small arms;

3. ‘Technology’ ‘required’ for the ‘development’, ‘production’ or

‘use’ of toxicological agents, related equipment or

components specified by ML7.a. to ML7.g.;

4. ‘Technology’ ‘required’ for the ‘development’, ‘production’ or

‘use’ of ‘biopolymers’ or cultures of specific cells, specified

by ML7.h.;

5. ‘Technology’ ‘required’ exclusively for the incorporation of

‘biocatalysts’, specified by ML7.i.1., into military carrier

substances or military material.

Note 1: ‘Technology’ ‘required’ for the ‘development’, ‘production’ or ‘use’

of items specified by the EU Common Military List remains

under control even when applicable to any item not specified

by the EU Common Military List.

Note 2: ML22 does not apply to

‘Technology’ that is the minimum necessary for the installation,

operation, maintenance (checking) and repair, of those items

which are not controlled or whose export has been authorised;

b.

‘Technology’ that is ‘in the public domain’, ‘basic scientific

research’ or the minimum necessary information for patent

applications;

c.

‘Technology’ for magnetic induction for continuous propulsion of

civil transport devices.

DEFINITIONS OF TERMS USED IN THIS LIST

The following are definitions of the terms used in this List, in

alphabetical order.

Note 1:Definitions apply throughout the List. The references are purely

advisory and have no effect on the universal application of

defined terms throughout the List.

Note 2:Words and terms contained in this List of Definitions only take

the defined meaning where this is indicated by their being

enclosed in “double quotations marks”. Definitions of terms

between ‘single quotation marks’ are given in a Technical note to

the relevant item. Elsewhere, words and terms take their

commonly accepted (dictionary) meanings.

‘Adapted for use in war’

Any modification or selection (such as altering purity, shelf life,

virulence, dissemination characteristics, or resistance to UV radiation)

designed to increase the effectiveness in producing casualties in

humans or animals, degrading equipment or damaging crops or the

environment.

‘Additives’

Substances used in explosive formulations to improve their properties.

ML8, ML9

and ML10 ‘Aircraft’

A fixed wing, swivel wing, rotary wing (helicopter), tilt rotor or tilt-

wing airborne vehicle.

‘Automated Command and Control Systems’

Electronic systems, through which information essential to the effective

operation of the grouping, major formation, tactical formation, unit,

ship, subunit or weapons under command is entered, processed and

transmitted. This is achieved by the use of computer and other

specialised hardware designed to support the functions of a military

command and control organisation. The main functions of an

automated command and control system are: the efficient automated

collection, accumulation, storage and processing of information; the

display of the situation and the circumstances affecting the preparation

and conduct of combat operations; operational and tactical calculations

for the allocation of resources among force groupings or elements of

the operational order of battle or battle deployment according to the

mission or stage of the operation; the preparation of data for

appreciation of the situation and decision-making at any point during

operation or battle; computer simulation of operations.

‘Basic scientific research’

Experimental or theoretical work undertaken principally to acquire new

knowledge of the fundamental principles of phenomena or observable

facts, not primarily directed towards a specific practical aim or

objective.

‘Biocatalysts’

Enzymes for specific chemical or biochemical reactions or other

biological compounds which bind to and accelerate the degradation of

CW agents.

Technical Note

‘Enzymes’ means ‘biocatalysts’ for specific chemical or biochemical reactions.

‘Biopolymers’

Biological macromolecules as follows

a.

Enzymes for specific chemical or biochemical reactions;

b.

Antibodies, monoclonal, polyclonal or anti-idiotypic;

c.

Specially designed or specially processed receptors;

Technical Notes

1. ‘Anti-idiotypic antibodies’ means antibodies which bind to the specific

antigen binding sites of other antibodies;

2. ‘Monoclonal antibodies’ means proteins which bind to one antigenic site

and are produced by a single clone of cells;

3. ‘Polyclonal antibodies’ means a mixture of proteins which bind to the

specific antigen and are produced by more than one clone of cells;

4. ‘Receptors’ means biological macromolecular structures capable of binding

ligands, the binding of which affects physiological functions.

‘Civil aircraft’

Those ‘aircraft’ listed by designation in published airworthiness

certification lists by the civil aviation authorities to fly commercial

civil internal and external routes or for legitimate civil, private or

business use.

ML21, 22 ‘Development’

Is related to all stages prior to serial production, such as: design, design

research, design analyses, design concepts, assembly and testing of

prototypes, pilot production schemes, design data, process of trans-

forming design data into a product, configuration design, integration

design, layouts.

‘End-effectors’

Grippers, active tooling units and any other tooling that is attached to the

baseplate on the end of a ‘robot’ manipulator arm.

Technical Note

‘Active tooling units’ are devices for applying motive power, process energy or

sensing to a work piece.

‘Energetic materials’

Substances or mixtures that react chemically to release energy required

for their intended application. ‘Explosives’, ‘pyrotechnics’ and

‘propellants’ are subclasses of energetic materials.

‘Explosives’

Solid, liquid or gaseous substances or mixtures of substances which, in

their application as primary, booster, or main charges in warheads,

demolition and other applications, are required to detonate.

‘Expression Vectors’

Carriers (e.g. plasmid or virus) used to introduce genetic material into

host cells.

‘Fuel cell’

An electrochemical device that converts chemical energy directly into

Direct Current (DC) electricity by consuming fuel from an external

source.

‘Fibrous or filamentary materials’

Include

a.

Continuous monofilaments;

b.

Continuous yarns and rovings;

c.

Tapes, fabrics, random mats and braids;

d.

Chopped fibres, staple fibres and coherent fibre blankets;

e.

Whiskers, either monocrystalline or polycrystalline, of any

length;

f.

Aromatic polyamide pulp.

‘First generation image intensifier tubes’

Electrostatically focused tubes, employing input and output fibre optic

or glass face plates, multi-alkali photocathodes (S-20 or S-25), but not

microchannel plate amplifiers.

‘In the public domain’

This means ‘technology’ or ‘software’ which has been made available

without restrictions upon its further dissemination.

Note

Copyright restrictions do not remove ‘technology’ or ‘software’ from being

‘in the public domain’.

‘Laser’

An assembly of components which produce both spatially and

temporally coherent light that is amplified by stimulated emission of

radiation.

‘Lighter-than-air vehicles’

Balloons and airships that rely on hot air or on lighter-than-air gases such

as helium or hydrogen for their lift.

‘Nuclear reactor’

Includes the items within or attached directly to the reactor vessel, the

equipment which controls the level of power in the core, and the

components which normally contain or come into direct contact with

or control the primary coolant of the reactor core.

‘Precursors’

Speciality chemicals used in the manufacture of explosives.

ML21, 22 ‘Production’

Means all production stages, such as: product engineering, manufacture,

integration, assembly (mounting), inspection, testing, quality assurance.

‘Propellants’

Substances or mixtures that react chemically to produce large volumes

of hot gases at controlled rates to perform mechanical work.

‘Pyrotechnic(s)’

Mixtures of solid or liquid fuels and oxidizers which, when ignited,

undergo an energetic chemical reaction at a controlled rate intended to

produce specific time delays, or quantities of heat, noise, smoke, visible

light or infrared radiation. Pyrophorics are a subclass of pyrotechnics,

which contain no oxidizers but ignite spontaneously on contact with

air.

‘Required’

As applied to ‘technology’, refers to only that portion of ‘technology’

which is peculiarly responsible for achieving or exceeding the controlled

performance levels, characteristics or functions. Such ‘required’‘tech-

nology’ may be shared by different products.

‘Riot control agents’

Substances which, under the expected conditions of use for riot

control purposes, produce rapidly in humans sensory irritation or

disabling physical effects which disappear within a short time

following termination of exposure. (Tear gases are a subset of ‘riot

control agents’.)

‘Robot’

A manipulation mechanism, which may be of the continuous path or of

the point-to-point variety, may use sensors, and has all the following

characteristics

Is multifunctional;

Is capable of positioning or orienting material, parts, tools or

special devices through variable movements in three-

dimensional space;

Incorporates three or more closed or open loop servo-devices

which may include stepping motors; and

Has ‘user-accessible programmability’ by means of the teach/

playback method or by means of an electronic computer which

may be a programmable logic controller, i.e. without

mechanical inter- vention.

The above definition does not include the following devices

1. Manipulation mechanisms which are only manually/teleoperator

controllable;

2. Fixed sequence manipulation mechanisms which are automated

moving devices, operating according to mechanically fixed

programmed motions. The programme is mechanically limited by

fixed stops, such as pins or cams. The sequence of motions and the

selection of paths or angles are not variable or changeable by

mechanical, electronic or electrical means;

3. Mechanically

controlled variable sequence manipulation

mechanisms which are automated moving devices, operating

according to mechanically fixed programmed motions. The

programme is mechanically limited by fixed, but adjustable, stops,

such as pins or cams. The sequence of motions and the selection

of paths or angles are variable within the fixed programme pattern.

Variations or modifications of the programme pattern (e.g. changes

of pins or exchanges of cams) in one or more motion axes are

accomplished only through mechanical operations;

4. Non-servo-controlled variable sequence manipulation mechanisms

which are automated moving devices, operating according to

mechanically fixed programmed motions. The programme is

variable but the sequence proceeds only by the binary signal from

mechanically fixed electrical binary devices or adjustable stops;

5. Stacker cranes defined as Cartesian coordinate manipulator systems

manufactured as an integral part of a vertical array of storage bins

and designed to access the contents of those bins for storage or

retrieval.

‘Software’

A collection of one or more ‘programmes’ or ‘microprogrammes’ fixed in

any tangible medium of expression.

‘Space-qualified’

Products designed, manufactured and tested to meet the special

electrical, mechanical or environmental requirements for use in the

launch and deployment of satellites or high altitude flight systems

operating at altitudes of 100 km or higher.

ML18, 20 ‘Superconductive’

Refers to materials, (i.e. metals, alloys or compounds) which can lose all

electrical resistance (i.e. which can attain infinite electrical conductivity

and carry very large electrical currents without Joule heating).

Technical Note

The ‘superconductive’ state of a material is individually characterised by a ‘critical

temperature’, a critical magnetic field, which is a function of temperature, and a

critical current density which is, however, a function of both magnetic field and

temperature.

‘Technology’

Specific information necessary for the ‘development’, ‘production’ or ‘use’

of a product. The information takes the form of technical data or

technical assistance.

Technical Notes

1. ‘Technical data’ may take forms such as blueprints, plans, diagrams,

models, formulae, tables, engineering designs and specifications, manuals

and instructions written or recorded on other media or devices such as disk,

tape, read- only memories.

2. ‘Technical assistance’ may take forms such as instruction, skills, training,

working knowledge, consulting services. ‘Technical assistance’ may

involve transfer of ‘technical data’.

ML21, 22 ‘Use’

Operation, installation (including on-site installation), maintenance

(checking), repair, overhaul and refurbishing.

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