The Export Control (Amendment) Order 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/989 |
| Year | 2019 |
2019 No. 989
Customs
The Export Control (Amendment) Order 2019
Made 4th June 2019
Laid before Parliament 6th June 2019
Coming into force 30th June 2019
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 19721in relation to measures relating to trade in certain goods, including technical assistance, which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment2.
It appears to the Secretary of State that it is expedient for references in this Order to Regulation (EU) 2019/125 of the European Parliament and of the Council of 16th January 20193, or to any provision of that regulation, to be construed as references to that instrument or to any such provision as amended from time to time.
The Secretary of State, in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to the European Communities Act 19724and sections 1, 2, 5 and 7 of the Export Control Act 20025, makes the following Order:
Citation and Commencement
1. This Order may be cited as the Export Control (Amendment) Order 2019 and comes into force on 30th June 2019.
Amendments to the Export Control Order 2008
2.—(1) The Export Control Order 20086is amended as follows.
(2) In Article 2(1) (interpretation), for the definition of “the torture Regulation”, substitute—
“the torture Regulation” means Regulation (EU) 2019/125 of the European Parliament and of the Council of 16th January 2019 as amended from time to time;”
(3) In Article 36 (offences relating to prohibitions and restrictions in the torture Regulation), in paragraph (7), for “Article 8(8)” (types of authorisation and issuing authorities), substitute “Article 20(8)”.
(4) In Article 36A (further offences relating to the prohibitions etc. in the torture Regulation)—
(a)
(a) for the reference to “Article 4a(1)” (prohibition of transit of goods listed in Annex 2) in each place it occurs, substitute “Article 5(1)”;
(b)
(b) for the reference to “Article 4b” (prohibition of brokering services) in each place it occurs, substitute “Article 6”;
(c)
(c) for the reference to “Article 4c” (prohibition of training) in each place it occurs, substitute “Article 7”;
(d)
(d) for the reference to “Article 4d” (trade fairs) in each place it occurs, substitute “Article 8”;
(e)
(e) for the reference to “Article 4e” (advertising) in each place it occurs, substitute “Article 9”;
(f)
(f) for the reference to “Article 6a” (prohibition of transit of goods listed in Annex 3), substitute “Article 13”;
(g)
(g) for the reference to “Article 7a(1)” (authorisation requirement for certain services) in each place it occurs, substitute “Article 15(1)”;
(h)
(h) for the reference to “Article 7d” (prohibition of transit of goods listed in Annex 4), substitute “Article 18”; and
(i)
(i) for the reference to “Article 7e(1)” (authorisation for certain services) in each place it occurs, substitute “Article 19(1)”.
(5) In Schedule 2 (military goods, software and technology)—
(a)
(a) under the heading “Definitions”, in the definition of “required”, omit “and the intended use of “technology” is irrelevant to whether it is “required””;
(b)
(b) under the heading “Military, Security and Para-military Goods, Software and Technology and Arms, Ammunition and related Material” –
(i) for the entry ML1.d. including the Note to that entry, substitute—
“ |
d. |
Accessories designed for firearms specified in ML1.a., ML1.b. or ML1.c., as follows: 1. Detachable cartridge magazines; 2. Sound suppressors or moderators; 3. Special gun-mountings; 4. Flash suppressors; 5. Optical weapon-sights with electronic image processing; 6. Optical weapon-sights specially designed for military use.”; |
(ii) in the entry ML8.a., before the Note, insert—
“ |
42. EDNA (Ethylenedinitramine) (CAS 505-71-5);”; |
(iii) in the entry ML8.c.1., for the Note, substitute—
“ |
Note 1: ML8.c.1. does not... |
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