Defence-related products and firearms
Defence-related products are goods that are listed in the Common Military List of the European Union and which are not considered war material according to the War Material Act (which lies within the authority of the Federal Ministry of the Interior). The list of defence-related products comprises 22 items (ML1-ML22) and can be found in the Annex to Directive 2009/43/EC. The delivery of these goods from Austria to a third country or an EU member states is subject to authorisation in accordance with the Austrian Foreign Trade Act 2011. The transit of these goods through Austria may also be subject to authorisation. Authorisation may also be required for other processes, such as brokering and technical assistance.
The department II/2 Export Control is responsible for issuing such licences.
ML 1: 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
ML 2: 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
ML 3: Ammunition and fuze setting devices, as follows, and specially designed components therefor
ML 4: Bombs, torpedoes, rockets, missiles, other explosive devices and charges and related equipment and accessories, as follows, and specially designed components therefor
ML 5: 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
ML 6: Ground vehicles and components
ML 7: Chemical agents, ‘biological agents’, ‘riot control agents’, radioactive materials, related equipment, components and materials
ML 8: ‘Energetic materials’, and related substances
ML 9: Vessels of war (surface or underwater), special naval equipment, accessories, components and other surface vessels
ML 10:‘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:
ML 11: Electronic equipment, ‘spacecraft’ and components, not specified elsewhere in this Annex
ML 12: High velocity kinetic energy weapon systems and related equipment, as follows, and specially designed components therefor:
ML 13: Armoured or protective equipment, constructions, components, and accessories
ML 14: ‘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.
ML 15: Imaging or countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor:
ML 16: Forgings, castings and other unfinished products, specially designed for items specified by ML1 to ML4, ML6, ML9, ML10, ML12 or ML19.
ML 17: Miscellaneous equipment, materials and ‘libraries’, as follows, and specially designed components therefor
ML 18: ‘Production’ equipment, environmental test facilities and components
ML 19: Directed Energy Weapon (DEW) systems, related or countermeasure equipment and test models, as follows, and specially designed components therefor
ML 20: Cryogenic and ‘superconductive’ equipment, as follows, and specially designed components and accessories therefor
ML 21: ‘Software’
ML 22: ‘Technology’
Firearms
Not only defence-related products are subject to authorisation. Regulation (EU) No. 258/2012, known as the “EU Firearms Regulation” which serves to implement the UN Firearms Protocol, lays down further authorisation requirements for firearms. The EU Firearms Regulation contains rules on the export of firearms, their parts, essential components and ammunition in third countries (= non-EU Member States). Annex I of the Regulation contains a detailed list of firearms, essential components and ammunition, which are subject to authorisation.
1. Semi-automatic or repeating short firearms
2. Single-shot short firearms with centre-fire percussion
3. Single-shot short firearms with rimfire percussion whose overall length is less than 28 cm
4. Semi-automatic long firearms whose magazine and chamber can together hold more than three rounds
5. Semi-automatic long firearms whose magazine and chamber cannot together hold more than three rounds, where the loading device is removable or where it is not certain that the weapon cannot be converted, with ordinary tools, into a weapon whose magazine and chamber can together hold more than three rounds.
6. Repeating and semi-automatic long firearms with smooth-bore barrels not exceeding 60 cm in length
7. Semi-automatic firearms for civilian use which resemble weapons with automatic mechanisms
8. Repeating long firearms other than those listed in point 6
9. Long firearms with single-shot rifled barrels
10. Semi-automatic long firearms other than those in points 4 to 7
11. Single-shot short firearms with rimfire percussion whose overall length is not less than 28 cm
12. Single-shot long firearms with smooth-bore barrels
13. Parts specifically designed for a firearm and essential to its operation, including a barrel, frame or receiver, slide or cylinder, bolt or breech block, and any device designed or adapted to diminish the sound caused by firing a firearm.
Any essential component of such firearms: the breech-closing mechanism, the chamber and the barrel of a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted
14. Ammunition: the complete round or the components thereof, including cartridge cases, primers, propellant powder, bullets or projectiles, that are used in a firearm, provided that those components are themselves subject to authorisation in the relevant Member State
15. Collections and collectors’ pieces of historical interest. Antiques of an age exceeding 100 years
Caution
Due to their technical specifications, certain goods (in particular firearms and ammunition) may be covered both by the Common Military List of the EU and by Annex I of the EU Firearms Regulation. Examples of this are pistols calibre 9x11 mm, hunting rifles and ammunition.
In this case, it is not necessary to submit two applications as one single request is sufficient. The Ministry of Economy, Energy and Tourism carries out a standardised review procedure for the export of these goods.
Tip
Special regulations regarding the storage and labelling of firearms in accordance with the EU Firearms Regulation:
- Documentation relating to the traceability of firearms are to be kept for at least 20 years and presented to the authorities on request.
In addition, the corresponding weapon markings for firearms are be documented and presented to the authorities on request.
Advice
Information on hunting and sport shooting
The export of firearms, such as defence-related products or firearms to countries outside of Europe (third countries) is generally subject to authorisation. The authority that issues such authorisations is the Ministry of Economy, Energy and Tourism , in particular the department Export Control.
Which goods may be subject to authorisation is determined by the so-called “goods list”. The following lists of goods are of particular relevance to the hunting and sport shooting sector:
- Defence-related products are regulated in the Common Military List of the European Union of Regulation 2009/43/EG, which was implemented in Austria with the Austrian Foreign Trade Act 2011.
- Firearms are regulated in the Annex I of the “EU Firearms Regulation” (Regulation (EU) No. 258/2012).
ATTENTION! The export of defence-related products (such as pistols or hunting rifles) to countries subject to an arms embargo is prohibited in any case. Further information on which countries are affected is available on the EU Sanctions Map.
In order to avoid problems with customs when exporting, hunters and sport shooters are kindly advised to obtain information on the current legal situation in due time before the planned (even temporary) transport of weapons to embargoed countries, especially to Russia and to Zimbabwe.
Please note that a violation of the embargo regulations may constitute an offence punishable according to the Austrian Foreign Trade Act 2011.
If you have any questions regarding a planned export, please contact us via exportkontrolle@bmwet.gv.at (The e-mail should contain the following parameters: Date of the planned departure, details of the destination, the reason for the journey and the exact type of weapon)
Published figures on exports of military equipment and technology from all EU Member States are available in the European Union’s annual COARM report. The data regarding Austria published in this report includes both the figures from the Ministry of Economy, Energy and Tourism and those from the Ministry of the Interior (authorisations regarding war material). The latest (26th) annual report covers exports in 2023 and is available online at COARM Public v2.0 - Licences - Yearly Overview.
Contact
Export Control: exportkontrolle@bmwet.gv.at