Regulation (EU) 2015/479 of the European Parliament and of the CouncilDangos y teitl llawn

CHAPTER III U.K. PROTECTIVE MEASURES

[F1 Article 5 U.K.

1. The Secretary of State may, in order to prevent a critical situation arising on account of a shortage of essential products or to remedy such a situation, make regulations which provide for the export of a product to be subject to the production of an export authorisation, the granting of which is subject to such limits as the regulations may prescribe, having regard to the nature of the product or other particular features of the transaction in question.

2. Regulations under paragraph 1—

(a) may provide for any measures imposed by them to be limited to exports to certain countries or to exports from certain regions of Great Britain;

(b) must provide that any measures imposed by them do not apply to products already on the way to the United Kingdom border for the purposes of export at the time when those regulations come into force.

3. Regulations under paragraph 1 must also provide that they are to cease to have effect at whichever is the earlier of —

(a) the end of the period of six weeks beginning with the date on which those regulations come into force; or

(b) the date on which regulations under Article 6 come into force in respect of the same shortage of essential products.]

Textual Amendments

F1 Art. 5 substituted (31.12.2020) by The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(4)

[F2 Article 6 U.K.

1. The Secretary of State may, where the interests of the United Kingdom so require, make regulations providing for measures to—

(a) prevent a critical situation from arising owing to a shortage of essential products or to remedy such a situation; or

(b) allow international undertakings entered into by the United Kingdom to be fulfilled, in particular relating to trade in primary products.

2. Regulations under paragraph 1—

(a) may make provision which is limited in its effect to exports to certain countries or to exports from certain regions of Great Britain;

(b) must not contain any provision which applies to products which are already on their way to the United Kingdom border for the purposes of export at the time when those regulations come into force.

3. When making regulations under paragraph 1 which introduce quantitative restrictions on exports, the Secretary of State must take account of—

(a) the volume of goods exported under contracts concluded on normal terms and conditions before the entry into force of the protective measure; and

(b) the need to avoid jeopardising the achievement of the aim pursued in introducing quantitative restrictions.

4. In paragraph 1, “primary products” include unprocessed agricultural products and raw materials.]

Textual Amendments

F2 Art. 6 substituted (31.12.2020) by The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(5)

Article 7 U.K.

1. While [F3 any measure imposed by regulations under Articles 5 and 6] is in operation, [F4 the Secretary of State must] F5 ...:

(a) examine the effects of the measure;

(b) ascertain whether the application of the measure is still necessary.

F6 ...

F7 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Words in Art. 7(1) substituted (31.12.2020) by The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(6)(a)(i)(aa)

F4 Words in Art. 7(1) substituted (31.12.2020) by The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(6)(a)(i)(bb)

F5 Words in Art. 7(1) omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(6)(a)(i)(cc)

F6 Words in Art. 7(1) omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(6)(a)(ii)

F7 Art. 7(2) omitted (31.12.2020) by virtue of The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(6)(b)

[F8 Article 7A U.K.

1. Regulations made under Article 5 or 6 must be contained in a statutory instrument.

2. Regulations made under Article 5 or 6 may make—

(a) different provision with respect to different cases or descriptions of case, including different provision for different areas;

(b) incidental, supplementary or consequential provision;

(c) transitional, transitory or saving provision.

3. A statutory instrument containing regulations under Article 5 is subject to annulment in pursuance of a resolution of either House of Parliament.

4. A statutory instrument containing regulations under Article 6—

(a) must be laid before Parliament after being made;

(b) if not approved by resolution of each House of Parliament before the end of the period of 40 days beginning with the date on which it is made, ceases to have effect at the end of that period (but without affecting anything done under the regulations or the power to make new regulations).

5. In calculating the period of 40 days for the purposes of paragraph 4(b), no account is to be taken of any time during which Parliament is dissolved or during which both Houses are adjourned for more than four days.]

Textual Amendments

F8 Art. 7A inserted (31.12.2020) by The Common Rules for Exports (EU Exit) Regulations 2020 (S.I. 2020/1405), regs. 1(2), 2(7)