The Dual-Use and Related Goods (Export Control) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Dual-Use and Related Goods (Export Control) Regulations 1995, as amended. They give effect to certain provisions of Council Regulation (EC) No. 3381/94 on the control of exports of dual-use goods, and make certain additional provisions relating to the export of dual-use goods.

The changes of significance from the 1995 Regulations are—

(a) Annexes I and IV to Council Decision No 94/942/CFSP on the control of exports of dual-use goods, as amended by Council Decision No. 96/613/CFSP, which are referred to in the Council Regulation and in these Regulations, are not reproduced as Schedules to these Regulations (they were reproduced as Schedules 1 and 2 to the 1995 Regulations);

(b) dual-use goods which the exporter has grounds for suspecting might be used for purposes connected with weapons of mass destruction are no longer prohibited to be exported to other Member States of the European Community (their export outside the Community is prohibited by regulation 4(2)(c), and their export to another Member State for further export outside the Community can be prohibited under Article 4(1) of the Council Regulation and regulation 4(2)(d) of these Regulations);

(c) the obligation to keep and produce documents relating to export licence applications contained in regulation 10(2) of the 1995 Regulations is limited in regulation 10(2) of these Regulations to documents relating to applications for Community Licences (that is, authorisations required by the Council Regulation); and

(d) separate licences are required for the export of technology in entries 1E950, 9E990, 9E991 and 9E993 as they are already required for the export of technology in entries 3E990, 5E990 and 8E990.

A number of consequential and drafting amendments of no substance have been made.

Copies of the issue of the Official Journal of the European Communities which contains the current version of Annexes I and IV to the Council Decision (O.J. No. L.278, 30.10.96) can be obtained from HMSO.