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Products (Amendment) Regulations, 2024

44 Articles / Provisions · Malta
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Statutory Text (44 Articles)

Malta Government Gazette — Legal Notice 2024 155 · Gazzetta tal-Gvern ta’ Malta Nru. 21,280 – 05.07.2024 — Products (Amendment) Regulations, 2024

L.N. 155 of 2024

SUPPLIES AND SERVICES ACT

(CAP. 117)

Simplifying Terms and Conditions of Transfers of Defence-Related

Products (Amendment) Regulations, 2024

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

and Services Act, the Minister responsible for trade, has made the

following regulations:-

Malta Government Gazette — Legal Notice 2024 155 · Gazzetta tal-Gvern ta’ Malta Nru. 21,280 – 05.07.2024 — Products (Amendment) Regulations, 2024

(1) The title of these regulations is the Simplifying Terms Citation and

and Conditions of Transfers of Defence-Related Products (Amendment) scope.

Regulations, 2024 and these regulations shall be read and construed as

one with the Simplifying Terms and Conditions of Transfers of Defence- S.L. 117.32.

Related Products Regulations, hereinafter referred to as the "principal

regulations".

(2) The scope of these regulations is to transpose the

Commission Delegated Directive (EU) 2024/242 of 27 September 2023

amending Directive 2009/43/EC of the European Parliament and of the

Council as regards the updating of the list of defence-related products in

line with the updated Common Military List of the European Union of 20

February 2023.

Malta Government Gazette — Legal Notice 2024 155 · Gazzetta tal-Gvern ta’ Malta Nru. 21,280 – 05.07.2024 — Products (Amendment) Regulations, 2024

The Schedule to the principal regulations shall be Substitutes the

Schedule to the

substituted by the following new Schedule

principal

regulations.

"List of Defence-related Products

Note 1 Terms in "quotations marks" are defined terms. Refer to

"Definitions of terms used in this List" annexed to this List.

Note 2 I n some instances chemicals are listed by name and

chemical abstract service (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 maynot 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

Note ML1. does not apply to

a.

Firearms specially designed for

dummy ammunition and which are incapable of

discharging a projectile;

b.

Firearms 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;

c.

Weapons using non-centre fire cased

ammunition and which are not of the fully

automatic firing type;

d.

"Deactivated firearms".

Technical Note

A "deactivated firearm’" is a firearm that has

been made incapable of firing any projectile by

processes defined by the Wassenaar Arrangement

Participating State’s national authority. These

processes irreversibly modify the essential elements of

the firearm. According to national laws and

regulations, deactivation of the firearm may be attested

by a certificate delivered by a competent authority and

may be marked on the firearm by a stamp on an

essential part.

a.

Rifles and combination guns, handguns,

machine, sub-machine and volley guns;

Note ML1.a. does not apply to the following

a.

Rifles

and

combination

guns,

manufactured earlier than 1938;

b.

Reproductions

of

rifles

and

combination guns, the originals of which were

manufactured earlier than 1890;

c.

Handguns, volley guns and machine

guns manufactured earlier than 1890, and their

reproductions;

d.

Rifles or handguns, specially designed

to discharge an inert projectile by compressed air

or CO2;

e.

Handguns specially designed for any

of the following

1. Slaughtering

of

domestic

animals; or

2. Tranquilising of animals.

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;

Note ML1.b.2. does not apply to weapons

specially designed to discharge an inert projectile by

compressed air or CO2.

Note ML1.b. does not apply to the following

a.

Smooth-bore weapons manufactured

earlier than 1938;

b.

Reproductions

of

smooth-bore

weapons, the originals of which were

manufactured earlier than 1890;

c.

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;

d.

Smooth-bore

weapons

specially

designed for any of the following

1. Slaughtering

of

domestic

animals;

2. Tranquilizing of animals;

Malta Government Gazette — Legal Notice 2024 155 · Gazzetta tal-Gvern ta’ Malta Nru. 21,280 – 05.07.2024 — Products (Amendment) Regulations, 2024

Seismic testing;

Malta Government Gazette — Legal Notice 2024 155 · Gazzetta tal-Gvern ta’ Malta Nru. 21,280 – 05.07.2024 — Products (Amendment) Regulations, 2024

Firing of industrial projectiles;

or

Malta Government Gazette — Legal Notice 2024 155 · Gazzetta tal-Gvern ta’ Malta Nru. 21,280 – 05.07.2024 — Products (Amendment) Regulations, 2024

Disrupting Improvised Explosive

Devices (IEDs).

NB: For disruptors, see ML4. and

entry 1A006 on the EU Dual-Use List.

c.

Weapons using caseless ammunition;

d.

Accessories designed for arms specified by

ML1.a., ML1.b. or ML1.c., as follows

1. Detachable cartridge magazines;

2. Sound suppressors or moderators;

3. "Gun-mountings";

Technical Note

For the purposes of ML1.d.3., a "gun-mounting"

is a fixture designed to mount a gun onto a ground

vehicle, "aircraft", vessel or structure.

4. Flash suppressors;

5. Optical weapon-sights with electronic

image processing;

Malta Government Gazette — Legal Notice 2024 155 · Gazzetta tal-Gvern ta’ Malta Nru. 21,280 – 05.07.2024 — Products (Amendment) Regulations, 2024

Optical

weapon-sights

specially

designed 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 specially designed or modified for

military use and accessories, as follows, and

specially designed components therefor

a.

Guns, howitzers, cannon, mortars, anti-tank

weapons, projectile launchers, military flame throwers,

rifles, recoilless rifles and smooth-bore weapons;

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

a.

Rifles, smooth-bore weapons and

combination guns, manufactured earlier than

1938;

b.

Reproductions of rifles, smooth-bore

weapons and combination guns, the originals of

which were manufactured earlier than 1890;

c.

Guns, howitzers, cannons and

mortars, manufactured earlier than 1890;

d.

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;

e.

Smooth-bore

weapons

specially

designed for any of the following

1. Slaughtering

of

domestic

animals;

2. Tranquilizing of animals;

3. Seismic testing;

4. Firing of industrial projectiles;

or

5. Disrupting Improvised Explosive

Devices (IEDs);

N.B.: For disruptors, see ML4. and entry 1A006

on the EU Dual-Use List.

f.

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.

b.

Projectors, specially designed or modified

for military use, as follows

1. Smoke canister projectors;

2. Gas canister projectors;

3. Pyrotechnics projectors;

Note ML2.b. does not apply to signal pistols.

c.

Accessories specially designed for the

weapons specified in ML2.a., as follows

1. Weapons sights and weapon sight

mounts, specially designed for military use;

2. Signature reduction devices;

3. Mountings;

4. Detachable cartridge magazines;

d.

Not used since 2019.

Ammunition and fuze setting devices, as

ML3

follows, and specially designed components therefor

a.

Ammunition for weapons specified by ML1,

ML2 or ML12;

b.

Fuze 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, fuzes,

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 any of the

following

a.

Ammunition crimped without a

projectile (blank star);

b.

Dummy ammunition with a pierced

powder chamber;

c.

Other blank and dummy ammunition,

not incorporating components designed for live

ammunition; or

d.

Components specially designed for

blank or dummy ammunition, specified in this

Note 2.a., b. or c.

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.

a.

Bombs, torpedoes, grenades, smoke

canisters, rockets, mines, missiles, depth charges,

demolition-charges, demolition-devices, demolition-

kits, "pyrotechnic" devices, cartridges, submunitions

therefor 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 or rocket nozzles and re-entry

vehicle nosetips.

N.B.: For grenade or canister ammunition

for weapons or projectors specified in ML1 or

ML2 and submunitions specially designed for

ammunition, see ML3.

b.

Equipment having all of the following

1. Specially designed for military use;

and

2. Specially designed for ‘activities’

relating to any of the following

a.

Items specified by ML4.a.; or

b.

Improvised Explosive Devices

(IEDs).

Technical Note

For the purpose of ML4.b.2. "activities" applies to

handling, launching, laying, controlling, discharging,

detonating, activating, powering with one-time

operational output, decoying, jamming, sweeping,

detecting, disrupting or disposing.

Note 1 ML4.b. includes

a.

Mobile gas liquefying equipment;

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.

c.

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;

b.

Countermeasures dispensing systems;

c.

Flares, which exhibit both a visible

signature and an infrared signature, for decoying

surface-to-air missiles; and

d.

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

issued by civil aviation authorities of

one or more EU Member States or

Wassenaar Arrangement Participating

States; or

b.

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, surveillance 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

a.

Weapon sights, bombing computers, gun

laying equipment and weapon control systems;

b.

Other fire control, surveillance and warning

equipment, and related systems, as follows

1. Target acquisition, designation, range-

finding, surveillance or tracking systems;

2. Detection,

recognition

or

identification equipment;

3. Data fusion or sensor integration

equipment;

c.

Countermeasure equipment for items

specified by ML5.a. or ML5.b.;

Note For the purposes of ML5.c., countermeasure

equipment includes detection equipment.

d.

Field test or alignment equipment, specially

designed for items specified by ML5.a., ML5.b. or

ML5.c.

Ground vehicles and components, as follows

NB: For guidance and navigation equipment, see

ML11.

a.

Ground vehicles and components therefor,

specially designed or modified for military use;

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;

e.

Trailers.

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;

b.

Armoured protection of vital parts

(e.g. fuel tanks or vehicle cabs);

c.

Special reinforcements or mountings

for weapons;

d.

Black-out lighting.

b.

Other ground vehicles and components, as

follows

1. Vehicles having all of the following

a.

Manufactured or fitted with

materials or components to provide ballistic

protection equal to or better than level III

(NIJ (2) 0108.01, September 1985), or

"equivalent standards";

b.

A transmission to provide drive

to

both

front

and

rear

wheels

simultaneously, including those for vehicles

having additional wheels for load-bearing

purposes whether driven or not;

c.

Gross Vehicle Weight Rating

(GVWR) greater than 4 500 kg; and

d.

Designed or modified for off-

road use;

2. Components having all of the

following

a.

Specially designed for vehicles

specified in ML6.b.1.; and

b.

Providing ballistic protection

equal to or better than level III (NIJ

0108.01, September 1985), or "equivalent

standards".

NB: See also ML13.a.

Note 1 ML6 does not apply to civil vehicles

designed or modified for transporting money or

valuables.

Note 2 ML6. does not apply to vehicles that meet

all of the following

a.

Were manufactured before 1946;

b.

Do not have items specified in this

Schedule and manufactured after 1945, except for

reproductions of original components or

accessories for the vehicle; and

c.

Do not incorporate weapons specified

in ML1., ML2. or ML4. unless they are inoperable

and incapable of discharging a projectile.

Chemical agents, "biological agents", "riot

control agents", radioactive materials, related

equipment, components and materials, as follows

a.

"Biological agents" or radioactive materials

selected or modified to increase their effectiveness in

producing casualties in humans or animals, degrading

equipment or damaging crops or the environment;

b.

Chemical warfare (CW) agents, including

1. Chemical Warfare nerve agents

a.

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);

b.

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);

c.

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. Chemical Warfare 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);

Malta Government Gazette — Legal Notice 2024 155 · Gazzetta tal-Gvern ta’ Malta Nru. 21,280 – 05.07.2024 — Products (Amendment) Regulations, 2024

1,5-bis (2-chloroethylthio)

-n-pentane (CAS 142868-94-8);

Malta Government Gazette — Legal Notice 2024 155 · Gazzetta tal-Gvern ta’ Malta Nru. 21,280 – 05.07.2024 — Products (Amendment) Regulations, 2024

Bis

(2-

chloroethylthiomethyl) ether (CAS

63918-90-1);

Malta Government Gazette — Legal Notice 2024 155 · Gazzetta tal-Gvern ta’ Malta Nru. 21,280 – 05.07.2024 — Products (Amendment) Regulations, 2024

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. Chemical Warfare incapacitating

agents, such as

a.

3-Quinuclidinyl benzilate (BZ)

(CAS 6581-06-2);

4. Chemical Warfare 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.

Chemical Warfare 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 O-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);

d.

"Riot control agents", active constituent

chemicals and combinations thereof, including

1. α-Bromobenzeneacetonitrile,

(Bromobenzyl cyanide) (CA) (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.

e.

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. Chemical Warfare agents made up of

precursors specified by ML7.c.;

f.

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.

NB: For civil gas masks, protective and

decontamination equipment, see also entry 1A004 on

the EU Dual-Use List.

g.

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.

NB: See also entry 1A004 on the EU Dual-Use

List.

h.

"Biopolymers" specially designed or

processed for the detection or identification of

Chemical Warfare agents specified by ML7.b., and the

cultures of specific cells used to produce them;

i.

"Biocatalysts" for the decontamination or

degradation of Chemical Warfare agents, and biological

systems therefor, as follows

1. "Biocatalysts" specially designed for

the decontamination or degradation of Chemical

Warfare agents specified by ML7.b., and resulting

from directed laboratory selection or genetic

manipulation of biological systems;

2. Biological systems containing the

genetic information specific to the production of

‘biocatalysts’ specified by ML7.i.1., as follows

a.

"Expression vectors";

b.

Viruses;

c.

Cultures of cells.

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

following

a.

Cyanogen chloride (CAS 506-77-4).

See entry 1C450.a.5. on the EU Dual-Use List;

b.

Hydrocyanic acid (CAS 74-90-8);

c.

Chlorine (CAS 7782-50-5);

d.

Carbonyl chloride (phosgene) (CAS

75-44-5). See entry 1C450.a.4. on the EU Dual-

Use List;

e.

Diphosgene

(trichloromethyl-

chloroformate) (CAS 503-38-8);

f.

Not used since 2004;

g.

Xylyl bromide, ortho: (CAS 89-92-9),

meta: (CAS 620-13-3), para: (CAS 104-81-4);

h.

Benzyl bromide (CAS 100-39-0);

i.

Benzyl iodide (CAS 620-05-3);

j.

Bromo acetone (CAS 598-31-2);

k.

Cyanogen bromide (CAS 506-68-3);

l.

Bromo methylethylketone (CAS 816-

40-0);

m. Chloro acetone (CAS 78-95-5);

n.

Ethyl iodoacetate (CAS 623-48-3);

o.

Iodo acetone (CAS 3019-04-3);

p.

Chloropicrin (CAS 76-06-2). See entry

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

NB 1: See also entry 1C011 on the EU Dual-Use

List.

NB 2: For charges and devices, see ML4 and

entry 1A008 on the EU Dual-Use List.

Technical Notes

1. For the purposes of ML8., excluding

ML8.c.11. or ML8.c.12., "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.)

3. For the purposes of ML8., particle size is the

mean particle diameter on a weight or volume basis.

International or equivalent national standards will be

used in sampling and determining particle size.

a.

"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 (diamino dinitrobenzofuroxan

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, FOX-7) (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);

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DIPAM

(3,3'-diamino-2,2',4,4',6,6'-

hexanitrobiphenyl or dipicramide) (CAS 17215-

44-0);

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DNGU (DINGU or dinitroglycoluril)

(CAS 55510-04-8);

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Furazans as follows

a.

DAAOF (DAAF, DAAFox, or

diaminoazoxyfurazan);

b.

DAAzF

(diaminoazofurazan)

(CAS 78644-90-3);

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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);

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HNAD (hexanitroadamantane) (CAS

143850-71-9);

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HNS (hexanitrostilbene) (CAS 20062-

22-0);

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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);

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NTNMH

(1-(2-nitrotriazolo)-2-

dinitromethylene hydrazine);

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NTO (ONTA or 3-nitro-1,2,4-triazol-

5-one) (CAS 932-64-9);

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Polynitrocubanes with more than four

nitro groups;

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PYX

(2,6-Bis(picrylamino)-3,5-

dinitropyridine) (CAS 38082-89-2);

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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);

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TAGN

(triaminoguanidinenitrate)

(CAS 4000-16-2);

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TATB (triaminotrinitrobenzene) (CAS

3058-38-6) (see also ML8.g.7 for its

"precursors");

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TEDDZ

(3,3,7,7-

tetrabis(difluoroamine)

octahydro-1,5-dinitro-

1,5-diazocine);

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Tetrazoles as follows

a.

NTAT

(nitrotriazol

aminotetrazole);

b.

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

nitrotetrazole);

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Tetryl (trinitrophenylmethylnitramine)

(CAS 479-45-8);

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TNAD

(1,4,5,8-tetranitro-1,4,5,8-

tetraazadecalin) (CAS 135877-16-6) (see also

ML8.g.6. for its "precursors");

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TNAZ (1,3,3-trinitroazetidine) (CAS

97645-24-4) (see also ML8.g.2. for its

"precursors");

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TNGU

(SORGUYL

or

tetranitroglycoluril) (CAS 55510-03-7);

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TNP

(1,4,5,8-tetranitro-

pyridazino[4,5-d]pyridazine) (CAS 229176-04-

9);

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Triazines as follows

a.

DNAM

(2-oxy-4,6-

dinitroamino-s-triazine) (CAS 19899-80-0);

b.

NNHT

(2-nitroimino-5-nitro-

hexahydro-1,3,5-triazine) (CAS 130400-13-

4);

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Triazoles as follows

a.

5-azido-2-nitrotriazole;

b.

ADHTDN

(4-amino-3,5-

dihydrazino-1,2,4-triazole

dinitramide)

(CAS 1614-08-0);

c.

ADNT

(1-amino-3,5-dinitro-

1,2,4-triazole);

d.

BDNTA

([bis-

dinitrotriazole]amine);

e.

DBT (3,3′-dinitro-5,5-bi-1,2,4-

triazole) (CAS 30003-46-4);

f.

DNBT (dinitrobistriazole) (CAS

70890-46-9);

g.

Not used since 2010;

h.

NTDNT (1-N-(2-nitrotriazolo)

3,5-dinitrotriazole);

i.

PDNT

(1-picryl-3,5-

dinitrotriazole);

j.

TACOT

(tetranitrobenzotriazolobenzotriazole) (CAS

25243-36-1);

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"Explosives" not listed elsewhere in

ML8.a. and having any of the following

a.

Detonation velocity exceeding 8

700 m/s, at maximum density; or

b.

Detonation pressure exceeding

34 GPa (340 kbar);

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Not used since 2013;

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DNAN (2,4-dinitroanisole) (CAS 119-

27-7);

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TEX (4,10-Dinitro-2,6,8,12-tetraoxa-

4,10-diazaisowurtzitane);

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GUDN (Guanylurea dinitramide)

FOX-12 (CAS 217464-38-5);

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Tetrazines as follows

a.

BTAT

(Bis(2,2,2-trinitroethyl)-3,6-

diaminotetrazine);

b.

LAX-112

(3,6-diamino-1,2,4,5-

tetrazine-1,4-dioxide);

Malta Government Gazette — Legal Notice 2024 155 · Gazzetta tal-Gvern ta’ Malta Nru. 21,280 – 05.07.2024 — Products (Amendment) Regulations, 2024

Energetic ionic materials melting

between 343 K (70°C) and 373K (100°C) and

with detonation velocity exceeding 6 800 m/s or

detonation pressure exceeding 18 GPa (180 kbar);

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BTNEN

(Bis(2,2,2-trinitroethyl)-

nitramine) (CAS 19836-28-3);

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FTDO (5,6-(3',4'-furazano)- 1,2,3,4-

tetrazine-1,3-dioxide);

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EDNA (Ethylenedinitramine) (CAS

505-71-5);

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TKX-50 (Dihydroxylammonium 5,5'-

bistetrazole-1,1'-diolate);

Note ML8.a. includes "explosive co-crystals".

Technical Note

An "explosive co-crystal" is a solid material

consisting of an ordered three dimensional

arrangement of two or more explosive molecules, where

at least one is specified in ML8.a.

b.

"Propellants" as follows

1. Any solid "propellant" with a

theoretical specific impulse (under standard

conditions) of more than

a.

240 seconds for non-metallized,

non-halogenized "propellant";

b.

250 seconds for non-metallized,

halogenized "propellant"; or

c.

260 seconds for metallized

"propellant";

2. Not used since 2013;

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 this Annex, specially designed for military use;

c.

"Pyrotechnics", fuels and related substances,

as follows, and ‘mixtures’ thereof

1. "Aircraft" fuels specially formulated

for military purposes;

Note 1 ML8.c.1 does not apply to the following

‘aircraft’ fuels: JP-4, JP-5, and JP-8.

Note 2 "Aircraft" fuels specified by ML8.c.1. are

finished products, not their constituents.

2. Alane (aluminium hydride) (CAS

7784-21-6);

3. Boranes, as follows, and their

derivatives

a.

Carboranes;

b.

Borane homologues, as follows

1. Decaborane (14) (CAS

17702-41-9);

2. Pentaborane (9) (CAS

19624-22-7);

3. Pentaborane (11) (CAS

18433-84-6);

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);

Note ML8.c.4.a. does not apply to hydrazine

"mixtures" specially formulated for corrosion control.

5. Metal fuels, fuel "mixtures" or

"pyrotechnic" "mixtures", 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;

Note 1 ML8.c.5. applies to "explosives" and fuels,

whether or not the metals or alloys are encapsulated in

aluminium, magnesium, zirconium, or beryllium.

Note 2 ML8.c.5.b. only applies to metal fuels in

particle form when they are mixed with other

substances to form a "mixture" formulated for military

purposes such as liquid "propellant" slurries, solid

"propellants", or "pyrotechnic" "mixtures".

Note 3 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.)

6. Military

materials,

containing

thickeners for hydrocarbon fuels, specially

formulated for use in flame throwers or

incendiary munitions, such as metal stearates (e.g.

octal (CAS 637-12-7)) or palmitates;

7. Perchlorates, chlorates and chromates,

composited with powdered metal or other high

energy fuel components;

8. Spherical or spheroidal aluminium

powder (CAS 7429-90-5) with a particle size of

60 μm or less and manufactured from material

with an aluminium content of 99% or more;

9. Titanium subhydride (TiHn) of

stoichiometry equivalent to n = 0,65–1,68;

10. Liquid high energy density fuels not

specified in ML8.c.1., as follows

a.

Mixed fuels, that incorporate

both solid and liquid fuels (e.g. boron

slurry), having a mass-based energy density

of 40 MJ/kg or greater;

b.

Other high energy density fuels

and fuel additives (e.g. cubane, ionic

solutions, JP-7, JP-10), having a volume-

based energy density of 37,5 GJ per cubic

metre or greater, measured at 293 K (20 °C)

and one atmosphere (101,325 kPa) pressure;

Note ML8.c.10.b. does not apply to fossil refined

fuels or biofuels, or fuels for engines certified for use in

civil aviation.

11. "Pyrotechnic"

and

pyrophoric

materials, as follows

a.

"Pyrotechnic" or pyrophoric

materials specifically formulated to enhance

or control the production of radiated energy

in any part of the IR spectrum;

b.

Mixtures

of

magnesium,

polytetrafluoroethylene (PTFE) and a

vinylidene difluoride-hexafluoropropylene

copolymer (e.g. MTV);

12. Fuel mixtures, "pyrotechnic" mixtures

or "energetic materials", not specified elsewhere

in ML8, having all of the following

a.

Containing greater than 0,5 % of

particles of any of the following

1. Aluminium;

2. Beryllium;

3. Boron;

4. Zirconium;

5. Magnesium; or

6. Titanium;

b.

Particles

specified

by

ML8.c.12.a. with a size less than 200 nm in

any direction; and

c.

Particles

specified

by

ML8.c.12.a. with a metal content of 60% or

greater;

Note ML8.c.12. includes thermites.

d.

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).

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.

e.

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 (3,3-bis(azidomethyl)oxetane

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, plasticizers or

polymers, specially formulated for military use

and containing any of the following;

a.

Nitro groups;

b.

Azido groups;

c.

Nitrate groups;

d.

Nitraza 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), poly-NMMO or

poly(3-Nitratomethyl- 3-methyloxetane)) (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);

19. 4,5

diazidomethyl-2-methyl-1,2,3-

triazole (iso- DAMTR);

20. PNO (Poly(3-nitrato oxetane));

21. TMETN (Trimethylolethane trinitrate)

(CAS 3032-55-1);

f.

"Additives" as follows

1. Basic copper salicylate (CAS 62320-

94-9);

2. BHEGA

(bis-(2-hydroxyethyl)

glycolamide) (CAS 17409-41-5);

3. BNO (butadienenitrileoxide);

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 and

ferrocene carboxylic acid esters;

d.

n-butyl-ferrocene (CAS 31904-

29-7);

e.

Other

adducted

polymer

ferrocene

derivatives

not

specified

elsewhere in ML8.f.4.;

f.

Ethyl ferrocene (CAS 1273-89-

8);

g.

Propyl ferrocene;

h.

Pentyl ferrocene (CAS 1274-00-

6);

i.

Dicyclopentyl ferrocene;

j.

Dicyclohexyl ferrocene;

k.

Diethyl ferrocene (CAS 1273-

97-8);

l.

Dipropyl ferrocene;

m. Dibutyl ferrocene (CAS 1274-

08-4);

n.

Dihexyl ferrocene (CAS 93894-

59-8);

o.

Acetyl ferrocene (CAS 1271-55-

2)/1,1'-diacetyl ferrocene (CAS 1273-94-5);

5. Lead beta-resorcylate (CAS 20936-32-

7) or copper beta-resorcylate (CAS 70983-44-7);

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, 2,2[bis 2-

propenolato-methyl,

butanolato,

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] pyrophosphate or KR3538;

c.

Titanium IV, [(2-propenolato-

1)methyl, n-propanolatomethyl] butanolato-

1, tris(dioctyl) phosphate;

16. Polycyanodifluoroaminoethyleneoxide;

17. Bonding agents as follows

a.

1,1R,1S-trimesoyl-tris(2-

ethylaziridine) (HX-868, BITA) (CAS 7722-

73-8);

b.

Polyfunctional aziridine amides

with isophthalic, trimesic, isocyanuric or

trimethyladipic backbone also having a 2-

methyl or 2-ethyl aziridine group;

Note Item ML.8.f.17.b. includes

a.

1,1H-Isophthaloyl-bis(2-

methylaziridine)(HX-752) (CAS 7652-64-4);

b.

2,4,6-tris(2-ethyl-1-aziridinyl)-1,3,5-

triazine (HX-874) (CAS 18924-91-9);

c.

1,1'-trimethyladipoyl-bis(2-

ethylaziridine) (HX-877)(CAS 71463-62-2).

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 polyamines

adducted with glycidol and their salts;

22. TPB (triphenyl bismuth) (CAS 603-

33-8);

23. TEPB (Tris (ethoxyphenyl) bismuth)

(CAS 90591-48-3);

g.

"Precursors" as follows

NB: In ML8.g. the references are to specified

‘Energetic Materials’ manufactured from these

substances.

1. BCMO

(3,3-

bis(chloromethyl)oxetane) (CAS 78-71-7) (see

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

2. Dinitroazetidine-t-butyl salt (CAS

125735-38-8) (see also ML8.a.28.);

3. Hexaazaisowurtzitane

derivates

including

HBIW

(hexabenzylhexaazaisowurtzitane) (CAS 124782-

15-6) (see also ML8.a.4.) and TAIW

(tetraacetyldibenzylhexaazaisowurtzitane) (CAS

182763-60-6) (see also ML8.a.4.);

4. Not used since 2013;

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.);

9. DADN (1,5-diacetyl– 3,7-dinitro-1, 3,

5, 7-tetraaza-cyclooctane) (see also ML8.a.13.).

h.

"Reactive material" powders and shapes, as

follows

1. Powders of any of the following

materials, with a particle size less than 250 μm in

any direction and not specified elsewhere by

ML8

a.

Aluminium;

b.

Niobium;

c.

Boron;

d.

Zirconium;

e.

Magnesium;

f.

Titanium;

g.

Tantalum;

h.

Tungsten;

i.

Molybdenum; or

j.

Hafnium;

2. Shapes, not specified by ML3, ML4,

ML12 or ML16, fabricated from powders

specified by ML8.h.1.

Technical Notes

1. "Reactive materials" are designed to

produce an exothermic reaction only at high shear rates

and for use as liners or casings in warheads.

2. "Reactive material" powders are produced

by, for example, a high energy ball milling process.

3. "Reactive material" shapes are produced by,

for example, selective laser sintering.

Note 1 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.

a.

Ammonium picrate (CAS 131-74-8);

b.

Black powder;

c.

Hexanitrodiphenylamine (CAS 131-

73-7);

d.

Difluoroamine(CAS 10405-27-3);

e.

Nitrostarch (CAS 9056-38-6);

f.

Potassium nitrate (CAS 7757-79-1);

g.

Tetranitronaphthalene;

h.

Trinitroanisol;

i.

Trinitronaphthalene;

j.

Trinitroxylene;

k.

N-pyrrolidinone;

1-methyl-2-

pyrrolidinone (CAS 872-50-4);

l.

Dioctylmaleate (CAS 142-16-5);

m. Ethylhexylacrylate (CAS 103-11-7);

n.

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;

o.

Nitrocellulose (CAS 9004-70-0);

p.

Nitroglycerin (or glyceroltrinitrate,

trinitroglycerine) (NG) (CAS 55-63-0);

q.

2,4,6-trinitrotoluene (TNT) (CAS 118-

96-7);

r.

Ethylenediaminedinitrate

(EDDN)

(CAS 20829-66-7);

s.

Pentaerythritoltetranitrate

(PETN)

(CAS 78-11-5);

t.

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;

u.

Triethyleneglycoldinitrate

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

v.

2,4,6-trinitroresorcinol (styphnic acid)

(CAS 82-71-3);

w.

Diethyldiphenylurea (CAS 85-98-3);

dimethyldiphenylurea(CAS

611-92-7);

methylethyl diphenyl urea [Centralites];

x.

N,N-diphenylurea

(unsymmetrical

diphenylurea) (CAS 603-54-3);

y.

Methyl-N,N-diphenylurea

(methyl

unsymmetrical diphenylurea)(CAS 13114-72-2);

z.

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

entry 1C011.d. on the EU Dual-Use List).

Note 2 ML8. does not apply to ammonium

perchlorate (ML8.d.2.), NTO (ML8.a.18.) or catocene

(ML8.f.4.b.), and meeting all of the following

a.

Specially shaped and formulated for

civil-use gas generation devices;

b.

Compounded or mixed, with non-

active thermoset binders or plasticizers, and

having a mass of less than 250g;

c.

Having a maximum of 80% ammonium

perchlorate (ML8.d.2.) in mass of active material;

d.

Having less than or equal to 4g of

NTO (ML8.a.18.); and

e.

Having less than or equal to 1g of

catocene (ML8.f.4.b.).

Vessels of war (surface or underwater), special

naval equipment, accessories, components and other

surface vessels, as follows

NB: For guidance and navigation equipment, see

ML11.

a.

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;

Note ML9.a.1. includes vehicles specially

designed or modified for the delivery of divers.

2. Surface vessels, except those specified

in ML9.a.1., having any of the following, fixed or

integrated into the vessel

a.

Automatic weapons – specified

in ML1, or weapons specified in ML2, ML4,

ML12 or ML19, or "mountings" or hard

points for weapons having a calibre of 12,7

mm or greater;

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 Note

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.

d.

Active weapon countermeasure

systems specified in ML4.b., ML5.c. or

ML11.a. and having any of the following

elements

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;

b.

Engines and propulsion systems, as follows,

specially designed for military use and components and

accessories therefor specially designed for military use

1. Diesel engines specially designed for

submarines;

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. 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;

Technical Note

For the purpose of ML9.b.3., "non-magnetic"

means the relative permeability is less than 2.

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.

c.

Underwater detection devices, specially

designed for military use, controls therefor and

components therefor specially designed for military

use;

d.

Anti-submarine nets and anti-torpedo nets,

specially designed for military use;

e.

Not used since 2003;

f.

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.

g.

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.

h.

Nuclear power generating equipment or

propulsion equipment, specially designed for vessels

specified in ML9.a. and components therefor specially

designed or ‘modified’ for military use.

Technical Note

For the purpose of ML9.h., "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.

Note ML9.h. includes "nuclear reactors".

"Aircraft",

"lighter-than-air

vehicles",

"Unmanned Aerial Vehicles" ("UAVs"), aero-

engines and "aircraft" equipment, related

equipment, and components, as follows, specially

designed or modified for military use

NB: For guidance and navigation equipment, see

ML11.

a.

Manned "aircraft" and "lighter-than-air

vehicles", and specially designed components therefor;

b.

Not used since 2011;

c.

Unmanned "aircraft" and "lighter-than-air

vehicles", and related equipment, as follows, and

specially designed components therefor

1. "UAVs", Remotely Piloted Air

Vehicles (RPVs), autonomous programmable

vehicles

and

unmanned

‘lighter-than-air

vehicles’;

2. Launchers, recovery equipment and

ground support equipment;

3. Equipment designed for command or

control;

d.

Propulsion aero-engines and specially

designed components therefor;

e.

Airborne refuelling equipment specially

designed or modified for any of the following, and

specially designed components therefor

1. "Aircraft" specified by ML10.a.; or

2. Unmanned "aircraft" specified by

ML10.c.;

f.

"Ground equipment" specially designed for

"aircraft" specified by ML10.a. or aero-engines specified

by ML10.d.;

Note 1 ML10.f. includes pressure refuelling

equipment and equipment designed to facilitate

operations in confined areas, including equipment

located on board a ship.

Note 2 ML10.f. does not apply to

1. Towbars;

2. Protective mats and covers;

3. Ladders, steps and platforms;

4. Chocks, lashings and tie-down equipment.

g.

Aircrew life support equipment, aircrew

safety equipment and other devices for emergency

escape, not specified in ML10.a., designed for ‘aircraft’

specified by ML10.a.;

Note ML10.g. does not control aircrew helmets

that do not incorporate, or have mountings or fittings

for, equipment specified in this Annex.

NB: For helmets see also ML13.c.

h.

Parachutes, paragliders and related equipment,

as follows, and specially designed components therefor

1. Parachutes not specified elsewhere in

this Annex;

2. Paragliders;

3. Equipment specially designed for high

altitude parachutists (e.g. suits, special helmets,

breathing systems, navigation equipment);

i.

Controlled opening equipment or automatic

piloting systems, designed for parachuted loads.

Note 1 ML10.a. does not apply to "aircraft" and

"lighter-than-air vehicles" or variants of those

"aircraft", specially designed for military use and

which are all of the following

a.

Not a combat "aircraft";

b.

Not configured for military use and

not fitted with equipment or attachments specially

designed or modified for military use; and

c.

Certified for civil use by civil aviation

authorities of one or more EU Member States or

Wassenaar Arrangement Participating States.

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 of one or more EU Member

States or Wassenaar Arrangement Participating

States for use in "civil aircraft", or specially

designed components therefor;

b.

Reciprocating engines or specially

designed components therefor, except those

specially designed for "UAVs".

Note 3 For the purposes of ML10.a. and ML10.d.,

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.

Note 4 For the purposes of ML10.a., military use

includes: combat, military reconnaissance, assault,

military training, logistics support, and transporting

and airdropping troops or military equipment.

Note 5 ML10.a. does not apply to "aircraft" or

"lighter-than-air-vehicles" that meet all of the

following

a.

Were first manufactured before 1946;

b.

Do not incorporate items specified in

this Annex, unless the items are required to meet

safety or airworthiness standards of civil aviation

authorities of one or more EU Member States or

Wassenaar Arrangement Participating States;

and

c.

Do not incorporate weapons specified

in this Annex, unless inoperable and incapable of

being returned to operation.

Note 6 ML10.d. does not apply to propulsion aero-

engines that were first manufactured before 1946.

Electronic equipment, "spacecraft" and components,

ML11

not specified elsewhere in this Annex, as follows

a.

Electronic equipment specially designed for

military use and specially designed components therefor;

Note 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

countermeasure 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 monitoring;

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

cryptographic functionality;

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".

NB: For "software" associated with military

"Software" Defined Radio (SDR), see ML21.

b.

Jamming equipment designed or modified to

hinder the reception, operation or effectiveness of

positioning, navigation or timing services provided by

‘satellite navigation systems’, and specially designed

components therefor;

c.

"Spacecraft" specially designed or modified

for military use, and ‘spacecraft’ components specially

designed for military use.

High velocity kinetic energy weapon systems and

related equipment, as follows, and specially designed

components therefor

a.

Kinetic energy weapon systems

specially designed for destruction or effecting

mission-abort of a target;

b.

Specially designed test and evaluation

facilities and test models, including diagnostic

instrumentation and targets, for dynamic testing of

kinetic energy projectiles and systems.

NB: 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

a.

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;

b.

Prime power generation, electric

armour, energy storage (e.g. high energy storage

capacitors), thermal management, conditioning,

switching or fuel-handling equipment; and

electrical interfaces between power supply, gun

and other turret electric drive functions;

NB: See also 3A001.e.2. on the EU Dual-

Use List for high energy storage capacitors.

c.

Target acquisition, tracking, fire

control or damage assessment systems;

d.

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

a.

Electromagnetic;

b.

Electrothermal;

c.

Plasma;

d.

Light gas; or

e.

Chemical (when used in combination

with any of the above).

Armoured

or

protective

equipment,

constructions, components, and accessories, as

follows

a.

Metallic or non-metallic armoured plate,

having any of the following

1. Manufactured to comply with a

military standard or specification; or

2. Suitable for military use;

NB: For body armour plates, see ML13.d.2.

b.

Constructions of metallic or non-metallic

materials, or combinations thereof, specially designed

to provide ballistic protection for military systems, and

specially designed components therefor;

c.

Helmets and specially designed components

and accessories therefor, as follows

1. Helmets manufactured according to

military standards or specifications, or

comparable national standards;

2. Shells, liners, or comfort pads,

specially designed for helmets specified in

ML13.c.1.;

3. Add-on ballistic protection elements,

specially designed for helmets specified in

ML13.c.1.

NB: For other military helmet components or

accessories, see the relevant entry in this Annex.

d.

Body armour or protective garments, and

components therefor, as follows

1. Soft body armour or protective

garments, manufactured to military standards or

specifications, or to their equivalents, and

specially designed components therefor;

Note For the purposes of ML13.d.1.,

military standards or specifications include,

at

a

minimum,

specifications

for

fragmentation protection.

2. Hard body armour plates providing

ballistic protection equal to or greater than level

III (NIJ 0101.06, July 2008) or "equivalent

standards".

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 helmets that

meet all of the following

a.

Were first manufactured before 1970; and

b.

Are neither designed or modified to accept,

nor equipped with items specified by the EU Common

Military List.

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.c.

are those specially designed for military use.

Note 5 ML13.d.1. does not apply to protective

eyewear.

NB: For laser protective eyewear, see ML17.o.

NB 1: See also entry 1A005 on the EU Dual-Use

List.

NB 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 ML15 does not apply to "first generation

image intensifier tubes" or equipment specially

designed to incorporate "first generation image

intensifier tubes".

NB: For weapons sights incorporating ‘first

generation image intensifier tubes’ see ML1, ML2 and

ML5.a.

NB: See also entries 6A002.a.2. and 6A002.b. on

the EU Dual-Use List.

Forgings, castings and other unfinished

products, specially designed for items specified by

ML1 to ML4, ML6, ML9, ML10, ML12 or ML19.

Note ML16 applies to unfinished products when

they are identifiable by material composition, geometry

or function.

Miscellaneous equipment, materials and

"libraries", as follows, and specially designed

components therefor

a.

Diving

and

underwater

swimming

apparatus, specially designed or modified for military

use, as follows

1. Self-contained diving rebreathers,

closed or semi-closed circuit;

2. Underwater swimming apparatus

specially designed for use with the diving

apparatus specified in ML17.a.1.;

NB: See also 8A002.q. on the EU Dual-Use List.

b.

Construction equipment specially designed

for military use;

c.

Fittings, coatings and treatments, for

signature suppression, specially designed for military

use;

d.

Field engineer equipment specially designed

for use in a combat zone;

e.

"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 electromagnetic 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.

f.

"Libraries" specially designed or modified

for military use with systems, equipment or

components, specified in this Annex;

g.

Nuclear power generating equipment or

propulsion equipment, not specified elsewhere,

specially designed for military use and components

therefor specially designed or "modified" for military

use;

Note ML17.g. includes "nuclear reactors".

h.

Equipment and material, coated or treated

for signature suppression, specially designed for

military use, excluding those specified elsewhere in this

Annex;

i.

Simulators specially designed for military

"nuclear reactors";

j.

Mobile repair shops specially designed or

"modified" to service military equipment;

k.

Field generators specially designed or

"modified" for military use;

l.

ISO intermodal containers or demountable

vehicle bodies (i.e. swap bodies), specially designed or

"modified" for military use;

m. Ferries, not specified elsewhere in this

Annex, bridges and pontoons, specially designed for

military use;

n.

Test models specially designed for the

"development" of items specified by ML4, ML6, ML9

or ML10;

o.

"Laser" protection equipment (e.g. eye or

sensor protection) specially designed for military use;

p.

"Fuel cells", not specified elsewhere in this

Annex, specially designed or "modified" for military

use.

Technical Notes

1. Not used since 2014.

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, environmental test

facilities and components, as follows

a.

Specially designed or modified

"production" equipment for the "production" of

products specified in this Annex, and specially

designed components therefor;

b.

Specially designed environmental test

facilities and specially designed equipment

therefor, not specified elsewhere, for the

certification, qualification or testing of products

specified in this Annex.

Technical Note

For the purposes of ML18, the term "production"

includes design, examination, manufacture, testing and

checking.

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

equipment

a.

Continuous nitrators;

b.

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;

c.

Dehydration presses;

d.

Screw extruders specially designed or

modified for military "explosive" extrusion;

e.

Cutting machines for the sizing of

extruded "propellants";

f.

Sweetie barrels (tumblers) 1.85 m or

more in diameter and having over 227 kg product

capacity;

g.

Continuous

mixers

for

solid

"propellants";

h.

Fluid energy mills for grinding or

milling the ingredients of military "explosives";

i.

Equipment to achieve both sphericity

and uniform particle size in metal powder listed in

ML8.c.8.;

j.

Convection current converters for the

conversion of materials listed in ML8.c.3.

Directed Energy Weapon (DEW) systems,

related or countermeasure equipment and test

models, as follows, and specially designed

components therefor

a.

"Laser" systems specially designed for

destruction or effecting mission-abort of a target;

b.

Particle beam systems capable of

destruction or effecting mission-abort of a target;

c.

High power Radio-Frequency (RF)

systems capable of destruction or effecting

mission-abort of a target;

d.

Equipment specially designed for the

detection or identification of, or defence against,

systems specified by ML19.a. to ML19.c.;

e.

Physical test models for the systems,

equipment and components, specified by ML19;

f.

"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 DEW systems specified by ML19 include

systems whose capability is derived from the controlled

application of

a.

"Lasers" of sufficient power to effect

destruction similar to the manner of conventional

ammunition;

b.

Particle accelerators which project a

charged or neutral particle beam with destructive

power;

c.

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 DEW systems

a.

Prime power generation, energy

storage, switching, power conditioning or fuel-

handling equipment;

b.

Target acquisition or tracking systems;

c.

Systems capable of assessing target

damage, destruction or mission-abort;

d.

Beam-handling,

propagation

or

pointing equipment;

e.

Equipment with rapid beam slew

capability for rapid multiple target operations;

f.

Adaptive

optics

and

phase

conjugators;

g.

Current injectors for negative

hydrogen ion beams;

h.

"Space-qualified"

accelerator

components;

i.

Negative

ion

beam

funnelling

equipment;

j.

Equipment for controlling and slewing

a high energy ion beam;

k.

"Space-qualified"

foils

for

neutralising negative hydrogen isotope beams.

Cryogenic and "superconductive" equipment,

as follows, and specially designed components and

accessories therefor

a.

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 (– 170 °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 or 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

a.

"Software" specially designed or modified

for any of the following

1. "Development",

"production",

operation or maintenance of equipment specified

in this Annex;

2. "Development" or "production" of

materials specified in this Annex; or

3. "Development",

"production",

operation or maintenance of "software" specified

in this Annex.

b.

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;

5. "Software" specially designed or

modified for the conduct of military offensive

cyber operations;

Note 1 ML21.b.5. includes "software" designed to

destroy, damage, degrade or disrupt systems,

equipment or "software", specified in this Annex, cyber

reconnaissance and cyber command and control

"software", therefor.

Note 2 ML21.b.5. does not apply to "vulnerability

disclosure" or to "cyber incident response", limited to

non-militarydefensive cybersecurity readiness or

response.

c.

"Software", not specified by ML21.a. or

ML21.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.

NB: See systems, equipment or components

specified in this Annex for general purpose ‘digital

computers’ with installed ‘software’ specified by

ML21.c.

"Technology" as follows

a.

"Technology", other than specified in

ML22.b., which is "required" for the "development",

"production", operation, installation, maintenance

(checking), repair, overhaul or refurbishing of items

specified by the EU Common Military List;

b.

"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 by the

EU Common Military List, 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. Not used since 2013

NB: See ML22.a. for ‘technology’ previously

specified by ML22.b.3.

4. Not used since 2013

NB: See ML22.a. for ‘technology’ previously

specified by ML22.b.4.

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", operation, installation,

maintenance (checking), repair, overhaul or

refurbishing 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

a.

"Technology" that is the minimum

necessary for the installation, operation,

maintenance (checking) or 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.

(1) Military list

(2) National Institute of Justice (USA) in charge with standard categorization

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 ‘quotation 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 .

"Additives"

Substances used in explosive formulations to

improve their properties.

"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.

"Biological agents"

Pathogens or toxins, selected or modified (such

as altering purity, shelf life, virulence, dissemination

characteristics, or resistance to UV radiation) to

produce casualties in humans or animals, degrade

equipment or damage crops or the environment.

"Biopolymers"

Biological macromolecules as follows

a.

Enzymes for specific chemical or

biochemical reactions;

b.

"Anti-idiotypic", "monoclonal" or

"polyclonal" "antibodies";

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 civil

aviation authorities of one or more EU Member

States or Wassenaar Arrangement Participating

States to fly commercial civil internal and external

routes or for legitimate civil, private or business use.

"Cyber incident response"

The process of exchanging necessary

information on a cybersecurity incident with

individuals or organisations responsible for

conducting or coordinating remediation to address

the cybersecurity incident.

"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 transforming design data into a product,

configuration design, integration design, layouts.

"Digital computer"

Equipment which can, in the form of one or

more discrete variables, perform all of the

following

a.

Accept data;

b.

Store data or instructions in fixed

or alterable (writable) storage devices;

c.

Process data by means of a stored

sequence of instructions which is modifiable;

and

d.

Provide output of data.

Technical Note

Modifications of a stored sequence of

instructions include replacement of fixed storage

devices, but not a physical change in wiring or

interconnections.

"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

workpiece.

"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.

"Equivalent standards"

Comparable national or international standards

recognised by one or more EU Member States or

Wassenaar Arrangement Participating States and

applicable to the relevant entry.

"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.

"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.

"Fuel cell"

An electrochemical device that converts

chemical energy directly into Direct Current (DC)

electricity by consuming fuel from an external

source.

"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 item that produces spatially and temporally

coherent light through amplification by stimulated

emission of radiation.

"Library" (parametric technical database)

A collection of technical information,

reference to which may enhance the performance of

relevant systems, equipment or components.

"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.

Technical Note

"Airship"

A power-driven airborne vehicle that is kept

buoyant by a body of gas (usually helium, formerly

hydrogen) which is lighter than air.

"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.

"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" "technology" 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

a.

Is multifunctional;

b.

Is capable of positioning or

orienting material, parts, tools or special

devices through variable movements in three-

dimensional space;

c.

Incorporates three or more closed

or open loop servo-devices which may include

stepping motors; and

d.

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

intervention.

"User-accessible programmability" refers to

the facility allowing a user to insert, modify or

replace "programs" by means other than

a.

A physical change in wiring or

interconnections; or

b.

The setting of function controls

including entry of parameters.

Note The above definition does not include the

following devices

1. Manipulation mechanisms which are

only manually or 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.

"Satellite navigation system"

A system consisting of ground stations, a

constellation of satellites, and receivers, that enables

receiver locations to be calculated on the basis of

signals received from the satellites. It includes

Global Navigation Satellite Systems and Regional

Navigation Satellite Systems.

"Software"

A collection of one or more ‘programs’ or

‘microprograms’ fixed in any tangible medium of

expression.

Technical Note 1

"Program"

A sequence of instructions to carry out a

process in, or convertible into, a form executable by

an electronic computer.

Technical Note 2

"Microprogram"

A sequence of elementary instructions

maintained in a special storage, the execution of

which is initiated by the introduction of its reference

instruction into an instruction register.

"Spacecraft"

Active and passive satellites and space probes.

"Space-qualified"

Designed, manufactured, or qualified through

successful testing, for operation at altitudes greater

than 100 km above the surface of the Earth.

Note A determination that a specific item is

"space- qualified" by virtue of testing does not mean

that other items in the same production run or model

series are "space-qualified" if not individually

tested.

"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).

"Critical temperature" (sometimes referred to

as the transition temperature) of a specific

"superconductive" material is the temperature at

which the material loses all resistance to the flow of

direct electrical current.

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.

Note "Critical temperatures" (sometimes

referred to as the transition temperature) of a

specific "supercondutive" material is the

temperature at which the material loses all

resistance to the flow of direct electrical current.

"Technology"

Specific information necessary for the

"development", "production" or "use" of a product.

The information takes the form of "technical data"

or "technical assistance". Specified "technology" for

the EU Common Military List is defined in ML22.

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".

3. "Use": operation, installation (installing

on-site installation), maintenance (checking), repair,

overhaul and refurbishing.

"Unmanned aerial vehicle" ("UAV")

Any "aircraft" capable of initiating flight and

sustaining controlled flight and navigation without

any human presence on board.

"Vulnerability disclosure"

The process of identifying, reporting or

communicating a vulnerability to, or analysing a

vulnerability with, individuals or organisations

responsible for conducting or coordinating

remediation for the purpose of resolving the

vulnerability.".

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