Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

The Export Control (Amendment) (EU Exit) Regulations 2020

Consolidated Text As Enacted Cited authorities 27 Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2020/1502
  • These Regulations may be cited as the Export Control (Amendment) (EU Exit) Regulations 2020.
    • (1) This Part and regulations 12 and 13 come into force immediately before the day after the date on which these Regulations are made.(2) Part 2 comes into force on the day after the date on which these Regulations are made.(3) The remainder of these Regulations come into force immediately before IP completion day.
  • The Export Control Order 2008
  • In article 9(3) , for “5”, substitute
  • In article 32(2) , for “9(4) ”, substitute
  • The Export Control (Amendment) (EU Exit) Regulations 2019
    • (1) Regulation 4 is amended in accordance with this regulation.in subparagraph (a) (viii) , omit “and”; andfor subparagraph (b) , substitute—
    • (b) for the definition of “the dual-use Regulation”, substitute—
        “the dual-use Regulation”, in relation to—
      • (a) England and Wales and Scotland, means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items ;
      • (b) Northern Ireland, means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement ;
      ;
    • (c) before the definition of “goods subject to trade controls”, insert—
        “general export authorisation” has the same meaning as in Article 2(9) of the dual-use Regulation;
      ; and
    • (d) for the definition of “the torture Regulation”, substitute—
        “the torture Regulation”, in relation to—
      • (a) England and Wales and Scotland, means Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment ;
      • (b) Northern Ireland, means Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
      .
    .    for the definition of “the dual-use Regulation”, substitute—
      “the dual-use Regulation”, in relation to—
    • (a) England and Wales and Scotland, means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items ;
    • (b) Northern Ireland, means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement ;
    ;    England and Wales and Scotland, means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items ;Northern Ireland, means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement ;before the definition of “goods subject to trade controls”, insert—
      “general export authorisation” has the same meaning as in Article 2(9) of the dual-use Regulation;
    ; and    for the definition of “the torture Regulation”, substitute—
      “the torture Regulation”, in relation to—
    • (a) England and Wales and Scotland, means Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment ;
    • (b) Northern Ireland, means Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
    .    England and Wales and Scotland, means Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment ;Northern Ireland, means Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;(3) For paragraph (3) , substitute—
    • (3) In article 2A (Crown application) , in paragraph (1) , for subparagraphs (c) to (e) , substitute—
      • (c) article 8 (transit controls supplementing the dual-use Regulation) ;
      • (d) article 42L (export and transfer control in relation to Northern Ireland: dual-use goods, software, and technology) ; and
      • (e) article 42S (export control in relation to Northern Ireland: leg irons, gang chains, and portable electric shock devices) .
      .
    .    In article 2A (Crown application) , in paragraph (1) , for subparagraphs (c) to (e) , substitute—
    • (c) article 8 (transit controls supplementing the dual-use Regulation) ;
    • (d) article 42L (export and transfer control in relation to Northern Ireland: dual-use goods, software, and technology) ; and
    • (e) article 42S (export control in relation to Northern Ireland: leg irons, gang chains, and portable electric shock devices) .
    .    article 8 (transit controls supplementing the dual-use Regulation) ;article 42L (export and transfer control in relation to Northern Ireland: dual-use goods, software, and technology) ; andarticle 42S (export control in relation to Northern Ireland: leg irons, gang chains, and portable electric shock devices) .(4) For paragraph (13) , substitute—
    • (13) In article 16 (Exception for firearms – firearm or shot gun certificate or permit) ,—
    • (a) for paragraph (2) , substitute—
      • (2) Articles 3 (military goods, etc.) and 4 (movement of UK-controlled dual-use goods, etc. to certain destinations) do not apply in relation to a person who exports a firearm to which this article applies if—
      • (a) the firearm, and any related ammunition or sight using non-electronic image enhancement, is a part of the personal effects of the person; and
      • (b) the person—(i) is a part of the armed forces, a police force, or a public authority, of the United Kingdom;(ii) is, subject to paragraph (3) , not required to have an export authorisation by virtue of Article 4 of the firearms Regulation because the person meets the requirements set out in Article 9(1) (a) of that Regulation (exception for hunters and sport shooters) ; or(iii) holds in relation to the firearm a certificate of the type specified in paragraph (1) (d) (Manx firearm certificate) .
    ;    for paragraph (2) , substitute—
    • (2) Articles 3 (military goods, etc.) and 4 (movement of UK-controlled dual-use goods, etc. to certain destinations) do not apply in relation to a person who exports a firearm to which this article applies if—
    • (a) the firearm, and any related ammunition or sight using non-electronic image enhancement, is a part of the personal effects of the person; and
    • (b) the person—(i) is a part of the armed forces, a police force, or a public authority, of the United Kingdom;(ii) is, subject to paragraph (3) , not required to have an export authorisation by virtue of Article 4 of the firearms Regulation because the person meets the requirements set out in Article 9(1) (a) of that Regulation (exception for hunters and sport shooters) ; or(iii) holds in relation to the firearm a certificate of the type specified in paragraph (1) (d) (Manx firearm certificate) .
    the firearm, and any related ammunition or sight using non-electronic image enhancement, is a part of the personal effects of the person; andis a part of the armed forces, a police force, or a public authority, of the United Kingdom;is, subject to paragraph (3) , not required to have an export authorisation by virtue of Article 4 of the firearms Regulation because the person meets the requirements set out in Article 9(1) (a) of that Regulation (exception for hunters and sport shooters) ; orholds in relation to the firearm a certificate of the type specified in paragraph (1) (d) (Manx firearm certificate) .for paragraph (3) , substitute—
    • (3) Paragraph (2) (b) (ii) applies only if the export of the firearm is to a country or territory that is neither an embargoed destination nor a country or territory listed in Part 3 of Schedule 4 (countries and territories subject to transit control for military goods) .
    • (4) In this article, “firearms Regulation”, in relation to—
    • (a) England and Wales and Scotland, means 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 ;
    • (b) Northern Ireland, means 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 as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.
    Paragraph (2) (b) (ii) applies only if the export of the firearm is to a country or territory that is neither an embargoed destination nor a country or territory listed in Part 3 of Schedule 4 (countries and territories subject to transit control for military goods) .England and Wales and Scotland, means 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 ;Northern Ireland, means 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 as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.(5) Before paragraph (16) , insert—
    • (15A) In article 21 (Category A goods) , in paragraph (2) , omit “24,”.
    • (15B) In article 23 (Category C goods) , in paragraph (1) , omit “24,”.
    .    In article 21 (Category A goods) , in paragraph (2) , omit “24,”.In article 23 (Category C goods) , in paragraph (1) , omit “24,”.(6) In paragraph (19) , for “retained general export authorisation”, substitute “ general export authorisation ”.(7) In paragraph (21) , in subparagraph (a) (i) (aa) , for “retained general export authorisation”, substitute “ general export authorisation ”.(8) In paragraph (27) , for “retained general export authorisation”, substitute “ general export authorisation ”.(9) Before paragraph (29) , insert—
    • (28A) In Article 41 (Application of CEMA in respect of offences) ,—
    • (a) in paragraph (1) (a) (i) , omit “7,” and “9,”; and
    • (b) in paragraph (2) (a) , omit “7,” and “9,”.
    in paragraph (1) (a) (i) , omit “7,” and “9,”; andin paragraph (2) (a) , omit “7,” and “9,”.Before Part 7 (General) , insert—
      (PART 6A) Provisions relating to the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement(42A) InterpretationIn this Part,—
      • “certificate” means a certificate granted by the Secretary of State in accordance with article 42D;
      • “the EU customs Regulation” means Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code as it has effect in EU law;
      • “the EU customs territory” means the customs territory described in Article 4 of the EU customs Regulation;
      • “the EU defence-related products Directive” means Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
      • “the EU dual-use Regulation” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
      • “EU-listed military item” means an item listed in the Annex to the EU defence-related products Directive;
      • “the EU torture Regulation” means Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment...
    In this Part,—
    • “certificate” means a certificate granted by the Secretary of State in accordance with article 42D;
    • “the EU customs Regulation” means Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code as it has effect in EU law;
    • “the EU customs territory” means the customs territory described in Article 4 of the EU customs Regulation;
    • “the EU defence-related products Directive” means Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
    • “the EU dual-use Regulation” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
    • “EU-listed military item” means an item listed in the Annex to the EU defence-related products Directive;
    • “the EU torture Regulation” means Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment...

    To continue reading

    Request your trial
    Navigation index

    VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT