Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (Text with EEA relevance)

ML9.a.1. includes vehicles specially designed or modified for the delivery of divers. - 2. Surface vessels, not 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 For the purposes of ML9.a.2.a., ‘mountings’ refers to weapon mounts or structural strengthening for the purposes 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 For the purposes of ML9.a.2.c.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: - 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; Technical Note For the purposes of ML9.a.2., ‘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.

• b. Engines and propulsion systems, as follows, specially designed for military use and components therefor specially designed for military use:
• 1. Diesel engines specially designed for submarines;
• 1. 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;
• 1. 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 purposes of ML9.b.3., ‘non-magnetic’ means the relative permeability is less than 2.
• 1. ‘Air Independent Propulsion’ (‘AIP’) systems specially designed for submarines; Note

ML9.b.4. does not apply to nuclear power. Technical Note For the purposes of ML9.b.4., ‘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. N.B.

For nuclear power propulsion equipment, see ML9.h.

• 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 1

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. Note 2

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;
• 1. Active signature controls; or
• 1. 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 purposes 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’.

• ML10 ‘Aircraft’, ‘lighter-than-air vehicles’, ‘Unmanned Aerial Vehicles’ (‘UAVs’), aero-engines, ‘sub-orbital craft’ and ‘aircraft’ equipment, related equipment, and components, as follows, specially designed or modified for military use:

• N.B.

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’;
• 1. Launchers, recovery equipment and ground support equipment;
• 1. 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
• 1. 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. or ‘sub-orbital craft’ specified in ML10.j.; Note

ML10.g. does not apply to aircrew helmets that do not incorporate, or have mountings or fittings for, equipment specified in the EU Common Military List. N.B.

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 the EU Common Military List;
• 1. Paragliders;
• 1. 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.

• j. ‘Sub-orbital craft’ and related equipment, as follows, and specially designed or modified components therefor:
• 1. ‘Sub-orbital craft’;
• 1. Launch equipment, recovery equipment and ground support equipment;
• 1. Equipment designed for command or control.

• 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., ML10.d. and ML10.j., specially designed components and related equipment for non-military ‘aircraft’, aero-engines or ‘sub-orbital craft’ 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. and ML10.j., 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 by the EU Common Military List, 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 by the EU Common Military List, 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.

• ML11 Electronic equipment, ‘spacecraft’ and components, not specified elsewhere on the EU Common Military List, 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 electromagnetic 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’. Technical Note For the purposes of ML11.a. Note j., ‘Automated Command and Control Systems’ are 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. N.B.

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.

• ML12 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.

• N.B.

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; N.B.

For high energy storage capacitors, see also 3A001.e.2. on the EU Dual-Use List.

• 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).

• ML13 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
• 1. Suitable for military use; N.B.

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;
• 1. Shells, liners, or comfort pads, specially designed for helmets specified in ML13.c.1.;
• 1. Add-on ballistic protection elements, specially designed for helmets specified in ML13.c.1.; N.B.

For other military helmet components or accessories, see the relevant EU Common Military List entry.

• 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 ML13.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. N.B.

For ‘laser’ protective eyewear, see ML17.o.

• N.B. 1

See also entry 1A005 on the EU Dual-Use List.

• N.B. 2

For ‘fibrous or filamentary materials’ used in the manufacture of body armour and helmets, see entry 1C010 on the EU Dual-Use List.

• ML14 ‘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.

• 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.

• Note 3

‘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.

• ML15 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 minimise 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’.

• N.B.

For weapon sights incorporating ‘first generation image intensifier tubes’ see ML1, ML2 and ML5.a.

• N.B.

See also 6A002.a., 6A002.b. and 6A003.b. on the EU Dual-Use List.

• ML16 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.

• ML17 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;
• 1. Underwater swimming apparatus specially designed for use with the diving apparatus specified in ML17.a.1.; N.B.

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;
• 1. 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
• 1. Specially designed or rated for operating in an ‘Electromagnetic Pulse’ (‘EMP’) environment; Technical Note For the purposes of ML17.e.3., ‘EMP’ 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 by the EU Common Military List;

• 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, not specified elsewhere in the EU Common Military List;

• 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 the EU Common Military List, 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 the EU Common Military List, specially designed or ‘modified’ for military use.

Technical Note

• 1. Not used since 2014;

• 2. For the purposes 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.

• ML18 ‘Production’ equipment, environmental test facilities and components, as follows:

• a. Equipment specially designed or modified for the ‘production’ of items specified by the EU Common Military List, and specially designed components therefor;

• b. Environmental test facilities specially designed for the certification, qualification or testing of items specified by the EU Common Military List, and specially designed equipment therefor, not specified elsewhere.

Technical Note

For the purposes of ML18, the term ‘production’ includes design, examination, manufacture, testing and checking.

• ML19 Directed Energy Weapon (DEW) systems, related or countermeasure equipment and test models, as follows, and specially designed components therefor:

• a. ‘Laser’‘weapon systems’ not specified by ML19.f.;

• b. Particle beam ‘weapon systems’;

• c. High power Radio-Frequency (RF) ‘weapon systems’;

• 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.

Technical Note

For the purposes of ML19, ‘weapon systems’ are designed to damage, destroy or effect mission abort of a target.

• ML20 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.

• ML21 ‘Software’ as follows:

• a. ‘Software’ specially designed or modified for any of the following:
• 1. ‘Development’, ‘production’, operation or maintenance of equipment specified by the EU Common Military List;
• 1. ‘Development’ or ‘production’ of materials specified by the EU Common Military List; or
• 1. ‘Development’, ‘production’, operation or maintenance of ‘software’ specified by the EU Common Military List;

• 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;
• 1. ‘Software’ specially designed for military use and specially designed for modelling or simulating military operational scenarios;
• 1. ‘Software’ for determining the effects of conventional, nuclear, chemical or biological weapons;
• 1. ‘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;
• 1. ‘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 by the EU Common Military List, 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-military defensive 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. N.B.

For general purpose ‘digital computers’ with installed ‘software’ specified by ML21.c., see systems, equipment or components specified by the EU Common Military List.

• ML22 ‘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;
• 1. ‘Technology’‘required’ for the ‘development’ and ‘production’ of small arms, even if used to produce reproductions of antique small arms;
• 1. Not used since 2013 N.B.

For ‘technology’ previously specified by ML22.b.3., see ML22.a.. - 4. Not used since 2013 N.B.

For ‘technology’ previously specified by ML22.b.4., see ML22.a. - 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.

DEFINITIONS OF TERMS USED IN THIS LIST

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

• Note 1

Definitions apply throughout the List. The references are purely advisory and have no effect on the universal application of defined terms throughout the List.

• Note 2

Words and terms contained in this List of Definitions only take the defined meaning where this is indicated by their being enclosed in ‘double quotations marks’. Elsewhere, words and terms take their commonly accepted (dictionary) meanings, unless a local definition for a particular control is given.

• ML1, 8, 10, 14 ‘Aircraft’

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

• ML22 ‘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.

• ML7, 22 ‘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.

• ML7 ‘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.

• ML4, 10 ‘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.

• ML21 ‘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.

• ML17 21, 22 ‘Development’

Is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts.

• ML21 ‘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.

• ML17 ‘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.

• ML8 ‘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.

• ML6, 13 ‘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.

• ML8, 18 ‘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.

• ML13 ‘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.

• ML15 ‘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.

• ML17 ‘Fuel cell’

An electrochemical device that converts chemical energy directly into Direct Current (DC) electricity by consuming fuel from an external source.

• ML22 ‘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’.

• ML9, 13, 17, 19 ‘Laser’

An item that produces spatially and temporally coherent light through amplification by stimulated emission of radiation.

• ML17 ‘Library’ (parametric technical database)

A collection of technical information, reference to which may enhance the performance of relevant systems, equipment or components.

• ML10 ‘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.

• ML9, 17 ‘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.

• ML8 ‘Precursors’

Speciality chemicals used in the manufacture of explosives.

• ML 21, 22 ‘Production’

Means all production stages, such as: product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance.

• ML8 ‘Propellants’

Substances or mixtures that react chemically to produce large volumes of hot gases at controlled rates to perform mechanical work.

• ML4, 8 ‘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.

• ML22 ‘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.

• ML7 ‘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’.)

• ML17 ‘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/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.

• ML11 ‘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.

Technical Note 1

‘

Satellite ’

A ‘spacecraft’, other than a ‘space vehicle’, designed to operate in orbit around Earth or another celestial body; ‘satellites’ include orbital space stations.

Technical Note 2

‘

Spacecraft ’

A craft designed to operate in, persist in or transit through space in the form of a ‘satellite’, ‘space probe’, or ‘space vehicle’.

Technical Note 3

‘

Space vehicle ’

A ‘spacecraft’ designed to provide transport for cargo or passengers.

• Note:

‘Space vehicles’ include craft designed to safely return to Earth.

Technical Note 4

‘

Space probe ’

A ‘spacecraft’ other than a ‘satellite’ or ‘space vehicle’, designed not to return to Earth.

• ML4, 11, 21 ‘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.

• ML19 ‘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.

• ML10 ‘Sub-orbital craft’

A craft having an enclosure designed for the transport of people or cargo, which is designed to:

• a. Operate above the stratosphere;

• b. Only perform non-orbital trajectories; and

• c. Land back on Earth with the people or cargo intact.

• ML20 ‘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.

• ML22 ‘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, algorithms, 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.

• ML10 ‘Unmanned aerial vehicle’ (‘UAV’)

Any ‘aircraft’ capable of initiating flight and sustaining controlled flight and navigation without any human presence on board.

• ML21 ‘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.

[^E0001]: OJ L 302, 19.10.1992, p. 1.

[^E0002]: OJ L 123, 12.5.2016, p. 1.