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Czech Republic. 2019 ‘Foreign Trade in Small Arms for Civil Use.’ Annual Report on Export Control for Military Material, Small Arms for Civil Use and Dual-Use Goods and Technologies in the Czech Republic 2019; Section 1.2, pp. 7-9. Prague: Ministry of Industry and Trade of Czech Republic. 1 January

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1.2 Foreign trade in small arms for civil use

Foreign trade in civilian weapons and ammunition in the Czech Republic is regulated by Act No 228/2005, Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations' Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition (hereinafter the "Regulation (EU) No 258/2012 of the European Parliament and of the Council"), and further by Government Decree No 282/2013, on the determination of the list of specified products, the conditions under which their import or transport may take place, the conditions under which their export may take place, and on the determination of the requisites and model applications for authorisations and export authorisations (hereinafter "Government Decree No 282/2013").

Regulation (EU) No 258/2012 of the European Parliament and of the Council governing the export of arms for civil use and their ammunition is binding and directly applicable in its entirety in all Member States, and some of its articles are implemented in Act No 228/2005 and Government Decree No 282/2013, with effect from 30 September 2013.
When assessing applications for authorisations to conduct foreign trade in small arms and ammunition for civil use, the Czech Republic is bound, as in the case of military weapons, by Council Common Position 2008/944/CFSP, as well as by other documents of an international law nature, which laid down in particular the sanctions in the area of export of arms and ammunition.

The list of civilian arms that are subject to control during transport within the EU is set out in Annex 1 to Government Decree No 282/2013; these are 3 categories of firearms together with dust charges (smokeless and black powder). The list of civilian arms subject to control upon import from countries outside the EU is set out in Annex 2 to Government Decree No 282/2013, also by three categories of firearms and dust charges and also by ammunition intended for such controlled arms.

In the case of exports to third countries, Annex I to Regulation (EU) No 258/2012 of the European Parliament and of the Council sets out 15 categories of firearms, their parts and essential components and ammunition for which such exports may only take place with the permission of the Ministry of Industry and Trade in accordance with Act No 228/2005, even for non-commercial exports carried out by a natural person or a legal person established in the Czech Republic.

Authorisation is not granted unless the requirements of the application are fulfilled if so required by the security interests of the Czech Republic or if the applicant's authorisation has been revoked in the past. The revocation of authorisation is possible by law in the event of noncompliance with the conditions stipulated in the authorisation, stating false information in the application or if so required by the security interests of the Czech Republic. In the case of authorisation to export these products, the Ministry of Industry and Trade decides in administrative proceedings whether or not it grants the authorisation after receiving binding opinions from the Ministry of Foreign Affairs and the Ministry of the Interior.

ID: Q14370

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