This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Order)
This Order amends the Export Control Order 2008 (S.I. 2008/3231) (the “2008 Order”). The 2008 Order contains export, transfer, trade and technical assistance controls on military and dual-use and certain other goods and technology. The 2008 Order also contains licensing provisions and sets out the offences and penalties for breach of the controls (except for offences relating to exportation out of the United Kingdom without a licence which are dealt with in the Customs and Excise Management Act 1979).
This Order amends parts of Schedules 1, 2 and 3 to the 2008 Order to update and restructure the lists of firearms contained within those Schedules which require an export licence from the UK. The amendments are being made to implement Directive 2017/853 of 17 May 2017 of the European Parliament and of the Council (OJ L 137, 24.5.2017, p.22) (“the amending Directive”) amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons (OJ L 256, 13.9.1991, p.51) (“the Directive”). The amending Directive extends the controls on firearms to include controls on devices capable of being converted to firearms and introduces a difference between the firearms controlled by the Directive and those controlled by Council Regulation (EU) No 258/2012 (OJ L 94, 30.3.2012, p.1) (“the 2012 Regulation”) which governs exports outside the European Union.
Article 2(3)(a) to (c) makes amendments to control entries ML1, ML2 and ML3 of the UK Military List to ensure that non-military firearms are distinguished from firearms falling under the UK Military List. Article 2(3)(d) and (e) make changes to entries ML7 and ML10 to address typographical errors. Article 2(4) extends the controls on non-military firearms to devices capable of being converted to firearms by insertion of a new national control list PL9011 to implement the changes introduced by the amending Directive. Article 2(4) also amends PL9010 to clarify the differences between the non-military firearms controlled by the Directive and the 2012 Regulation.
An Impact Assessment has not been prepared in respect of this Order as minimal or no impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum and a transposition note are available from the Export Control Organisation, 3 Whitehall Place, London SW1A 2AW and, also, are published alongside the instrument on the www.legislation.gov.uk website. In addition, copies have been placed in the Libraries of both Houses of Parliament.
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