Committee on Technical Barriers to Trade - Notification - Czech Republic - Dual-use items in the nuclear area

NOTIFICATION

The following notification is being circulated in accordance with Article 10.6

 

1.

Notifying Member: CZECH REPUBLIC

If applicable, name of local government involved (Articles 3.2 and 7.2):

2.

Agency responsible:

State Office for Nuclear Safety

Senovážné náměstí 9

110 00 Prague 1

Telephone: +420 221 624 746

Email adress: pravni.oddeleni@sujb.gov.cz

3.

Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], Other:

4.

Products covered (HS codes or national tariff lines. ICS numbers may be provided in addition, where applicable): Dual-use items in the nuclear area

(ICS code: 27.120.99 other standards related to nuclear energy)

5.

Details of notified document(s) (title, number of pages and languages, means of access): DECREE of … amending Decree No 376/2016 on dual-use items in the nuclear area; (29 page(s), in Czech), (34 page(s), in English)

Link to notified document(s) and/or contact details for agency or authority which can provide copies upon request:

https://technical-regulation-information-system.ec.europa.eu/en/notification/27485

https://technical-regulation-information-system.ec.europa.eu/cs/notification/27485

6.

Description of content: The draft Decree generally responds to changes introduced by the amendment to the Atomic Act (Act No 83/2025) in the area of non-proliferation of nuclear weapons, in particular closer specification of reporting of activities related to nuclear material and selected items and transfer of nuclear items. The draft thus takes into account amendments to the Act eliminating some of the original obligations in the area of monitoring the movement of dual-use items. In the case of dual-use items in the nuclear area, notification of transfer is no longer required by the Act (§ 11 in conjunction with § 18 of the Act). The draft clarifies and streamlines the list of specific movements of dual-use items in the nuclear area. Another objective of the proposed amendment is to adapt the list of dual-use items in the nuclear area to the newly updated versions of international standards adopted within the international Nuclear Suppliers Group, of which the Czech Republic is a member. These standards (Nuclear Suppliers Group Guidelines) are an essential practical instrument in the area of nuclear non-proliferation where the latest knowledge is taken into account. The draft decree is fully in line with international treaties regulating the area of dual-use items in the nuclear area that have been concluded so far. The draft responds to the updated modification of international standards based on the regime of relevant international treaties, in the field of regulation of the management of dual-use items in the nuclear area.

The current Decree No 376/2016 contains the following references to standards and recommendations

Annex 1 and the explanatory notes to the Annex:

ISO 230/2 (1988) Acceptance code for machine tools

ISO 841 Industrial automation systems and integration — Numerical control of machines — Coordinate system and motion nomenclature

ISO 10360-2(2009) Geometrical product specifications

ASTM B330

ISO 2806 - 1980: Industrial automation systems - Numerical control of machines

ISO 2382: Information technology

ANSI B-89.1.12

The notified draft Decree contains the following references to standards and recommendations:

Annex 1 and the explanatory notes to the Annex:

ISO 230-2:2014 Test code for machine tools

ISO 841:2001 Industrial automation systems and integration — Numerical control of machines — Coordinate system and motion nomenclature

ISO 10360-2:2009 Geometrical product specifications

ASTM B330

ISO 2806:1994 Industrial automation systems - Numerical control of machines

ISO 2382:2015 Information technology

ANSI B-89.1.12

7.

Objective and rationale, including the nature of urgent problems where applicable: Decree No 376/2016 on dual-use items in the nuclear area regulates:
a) the list of nuclear items that are dual-use items in the nuclear area;
b) content requirements for documentation for import or export of dual-use items;
c) the content of the end-use declaration for dual-use items when exported;
d) the specimen of the end-user statement for dual-use items upon import;
e) the scope of registered data on dual-use items and how it is retained, and deadlines for providing data to the State Office for Nuclear Safety; and
f) the essentials of a declaration on the end use of a nuclear item that is a dual-use item.
The primary purpose of the amendment to this Decree is to follow up on the amendment to Act No 83/2025, where the draft takes into account the elimination of some of the original obligations in the area of monitoring the movement of dual-use items in the form of transfers. In the case of dual-use items in the nuclear area, notification of transfer is no longer required by law (§ 11 in conjunction with § 18 of Act No 263/2016). There is also harmonisation of the explicit data requirements in the declaration of end-use of the dual-use item, where the text in § 1 did not correspond to the text in the form contained in Annex 2 to the Decree and, at the same time, the text of the Decree needs to be adapted to the changed regime in the Act. At the same time, the list of dual-use items in the nuclear area needs to be adapted in the context of new legislation to newly updated versions of international standards adopted within the framework of the Nuclear Suppliers Group, of which the Czech Republic is a member. This group of the multilateral export control regime has established sets of guidelines (standards). These standards (Nuclear Suppliers Group Guidelines) are an essential practical instrument in the area of nuclear non-proliferation where the latest knowledge is taken into account.; National security requirements

8.

Relevant documents:

Basic legislation - Act No 263/2016, Decree No 376/2016

9.

Proposed date of adoption: 15 March 2026

Proposed date of entry into force: 1 April 2026

10.

Provision of comments

Final date for comments: 20 February 2026

[ ] 60 days from notification

Contact details of agency or authority designated to handle comments regarding the notification:

Czech Office for Standards, Metrology and Testing

WTO/TBT Enquiry Point

Biskupský dvůr 1148/5

110 00 Prague 1 - Czech Republic

Telephone: +420 221 802 194

Email adress: wto.tbt@unmz.gov.cz

https://unmz.gov.cz/en/international-relations-2/wto-tbt/information-centre-wto-tbt/