SCHEDULE
Article 2
AMENDMENTS TO THE EXPORT CONTROL ORDER 2008
1. In article 2(1) (interpretation)-
(a) after the definition of "CEMA" insert-""certificate" means a certificate referred to in article 28A(1);";
(b) omit the definition of "The Community General Export Authorisation";(c) after the definition of "the customs territory" insert-""the defence-related products Directive" means Directive 2009/43/ECof the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community( 5)";
(d) after the definition of "embargoed destination" insert-""European military items" means goods, software or technology listed in Schedule 2 except in entry PL5017 or PL5001;";
(e) after the definition of "importation" insert-""individual" in relation to a licence, means granted to a particular person;"; and
(f) after the definition "UK licence" insert-""the Union General Export Authorisation" has the same meaning as in Article 2(9) of the dual-use Regulation;".
2. After article 2 (interpretation), insert-
"Crown application
2A.
-(1) The following articles bind the Crown-(a) article 4 (movement of UK controlled dual-use goods, etc. to certain destinations);(b) article 6 (WMD purposes end-use control supplementing the dual-use Regulation);(c) article 7 (control on transfers within the customs territory supplementing the dual-use Regulation);(d) article 8 (transit controls supplementing the dual-use Regulation); and(e) article 9 (provisions supplementing the torture Regulation).(2) The Crown is not criminally liable as a result of a contravention of any of those articles.(3) Paragraph (2) does not affect the application of those articles to persons in the public service of the Crown.".3. In article 4A, in paragraph (1) after "pancuronium bromide" insert "or propofol".
4. After article 14 (exceptions for vessels), insert-
"Exception for historic military vehicles
14A.
-(1) The prohibition on the export of military goods in article 3 does not apply to the export of a vehicle or component falling within entry ML6 in Schedule 2 provided that the following conditions are met.(2) The conditions are that-(a) the vehicle or component was manufactured more than 50 years before the date of exportation;(b) the exportation is to a destination in Belgium, France or Germany;(c) the exportation is for the purposes of a military re-enactment, commemorative event or recreational activity; and(d) the vehicle or component is to be returned to the United Kingdom within 3 months of the date of exportation.".5. In article 17 (transit or transhipment exception), for sub-paragraph 4(a) substitute-
"(a) the goods in question either-(i) remain on board a vessel, aircraft or vehicle for the entire period that they remain in the United Kingdom or are goods on a through bill of lading, through air waybill or single transport contract and in any event are exported before the end of the period of 30 days beginning with the date of their importation; or(ii) are European military items which were originally exported from a member State and the destination of the goods following exportation from the United Kingdom is within the EU;".6. In article 28(1)(b) for "Community General Export Authorisation" substitute "Union General Export Authorisation".
7. After article 28 (registration with the Secretary of State), insert-
"Certificates (European military items)
28A.
-(1) For the purposes of Article 9(1) of the defence-related products Directive, the Secretary of State is empowered to grant certificates to recipients established in the United Kingdom of European military items under authorisations granted by competent authorities in other member States.(2) Before granting a certificate, the Secretary of State must establish the reliability of the recipient undertaking and in particular its capacity to observe limitations on the export of European military items which are received under an authorisation granted by a competent authority in another member State. The recipient's reliability must be assessed according to the following criteria-(a) proven experience in defence activities, taking into account in particular-(i) the undertaking's record of compliance with export restrictions including any relevant court decisions;(ii) any authorisation held by the undertaking to produce or market European military items;(iii) the employment of experienced management staff by the recipient;(b) relevant industrial activity in European military items within the EU and in particular capacity for system or sub-system integration;(c) the appointment of a senior executive as the dedicated officer personally responsible for exports and transfers;(d) the provision of a written undertaking, signed by the senior executive referred to in sub-paragraph (c), that the undertaking will take all necessary steps to observe and enforce any specific condition of an authorisation granted by a competent authority in another member State relating to end-use and re-export of any specific component or product received;(e) the provision of a written undertaking, signed by the senior executive referred to in sub-paragraph (c), that the undertaking will provide to the Secretary of State upon request detailed information concerning the end-users or end-use of all European military items exported, transferred or received under an authorisation granted by a competent authority in another member State; and(f) the provision of a written description, signed by the senior executive referred to in sub-paragraph (c), of the undertaking's internal compliance programme or export and transfer management systems. This description must provide details of the organisational, human and technical resources allocated to the management of exports and transfers, the chain of responsibility within the undertaking, internal audit procedures, awareness-raising and staff-training, physical and technical security arrangements, record-keeping and traceability of exports and transfers.(3) A certificate granted by the Secretary of State must contain the following-(a) the name of the competent authority issuing the certificate;(b) the name and address of the recipient;(c) a statement of the recipient's conformity with the criteria referred to in paragraph 2;(d) the date of issue and the period of validity of the certificate.(4) The period of validity of a certificate granted by the Secretary of State must not exceed five years.(5) A certificate granted by the Secretary of State may be subject to conditions relating to-(a) the provision of information necessary to verify compliance with the criteria set out in paragraph (2);(b) its suspension or revocation.(6) The Secretary of State may by notice amend, suspend or revoke a certificate.".8. In article 29 (record-keeping), for paragraph (1) substitute-
"(1) The following must keep detailed registers or records-(a) a person who acts under the authority of a general licence granted by the Secretary of State;(b) a person who acts under the authority of the Union General Export Authorisation whilst established in the United Kingdom; and(c) a person who acts under the authority of an individual licence to export or transfer European military items within the EU.".9. In article 30 (Registration and record keeping - information security items) in paragraph (1) for "Community General Export Authorisation" substitute "Union General Export Authorisation".
10. After article 33 (licence refusals, etc. and appeals), insert-
"Certificates: refusals, etc. and appeals
33A.
-(1) If the Secretary of State decides not to grant a certificate to an applicant, that person must be provided with a written notification setting out the reason for the decision.(2) If the Secretary of State decides to suspend, revoke or amend a certificate, the certificate holder must be provided with a written notification setting out the reason for the decision.(3) A person who has a right under paragraph (1) or (2) to a written notification may within 28 days beginning with the date of the written notification submit an appeal against the decision by notice in writing to the Secretary of State, Export...