Regulation (EU) No 258/2012 of the European Parliament and of the CouncilShow full title

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Acting in accordance with the ordinary legislative procedure(1),

Whereas:

(1) In accordance with Council Decision 2001/748/EC of 16 October 2001 concerning the signing on behalf of the European Community of the United Nations Protocol on the illicit manufacturing of and trafficking in firearms, their parts, components and ammunition, annexed to the Convention against transnational organised crime(2), the Commission signed that Protocol (hereinafter referred to as the ‘UN Firearms Protocol’) on behalf of the Community on 16 January 2002.

(2) The UN Firearms Protocol, the purpose of which is to promote, facilitate and strengthen cooperation among Parties in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, entered into force on 3 July 2005.

(3) In order to facilitate the tracing of firearms and efficiently combat illicit trafficking in firearms, their parts and essential components and ammunition, it is necessary to improve the exchange of information between Member States, in particular through the better use of existing communication channels.

(4) Personal data must be processed in accordance with the rules laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(3) and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(4).

(5) In its Communication of 18 July 2005 on measures to ensure greater security in explosives, detonators, bomb-making equipment and firearms(5), the Commission announced its intention to implement Article 10 of the UN Firearms Protocol as part of the measures which need to be taken in order for the Union to be in a position to conclude that Protocol.

(6) The UN Firearms Protocol requires Parties to put in place or improve administrative procedures or systems to exercise effective control over the manufacturing, marking, import and export of firearms.

(7) Compliance with the UN Firearms Protocol also requires that illicit manufacture of or trafficking in firearms, their parts and essential components and ammunition be established as criminal offences, and that measures be taken to enable the confiscation of items so manufactured or trafficked.

(8) This Regulation should not apply to firearms, their parts and essential components or ammunition that are intended specifically for military purposes. The measures to meet the requirements of Article 10 of the UN Firearms Protocol should be adapted to provide for simplified procedures for firearms for civilian use. Consequently, some facilitation with regard to authorisation for multiple shipments, transit measures and temporary exports for lawful purposes should be ensured.

(9) This Regulation does not affect the application of Article 346 of the Treaty on the Functioning of the European Union, which refers to essential interests of the security of the Member States, nor has this Regulation any impact on 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(6), or on Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons(7). Moreover, the UN Firearms Protocol, and consequently this Regulation, do not apply to State-to-State transactions or to State transfers in cases where the application of the Protocol would prejudice the right of a State Party to take action in the interest of national security consistent with the Charter of the United Nations.

(10) Directive 91/477/EEC addresses transfers of firearms for civilian use within the territory of the Union, while this Regulation focuses on measures in respect of export from the customs territory of the Union to or through third countries.

(11) Firearms, their parts and essential components and ammunition when imported from third countries are subject to Union law and, in particular, to the requirements of Directive 91/477/EEC.

(12) Consistency should be ensured with regard to record-keeping provisions in force under Union law.

(13) In order to ensure that this Regulation is properly applied, Member States should take measures giving the competent authorities appropriate powers.

(14) In order to maintain the list of firearms, their parts and essential components and ammunition for which an authorisation is required under this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of aligning Annex I to this Regulation to Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(8), and to Annex I to Directive 91/477/EEC. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(15) The Union has adopted a body of customs rules, contained in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(9) and its implementing provisions as laid down in Commission Regulation (EEC) No 2454/93(10). Consideration should also be given to Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code)(11) whose provisions are applicable in different phases according to Article 188 thereof. Nothing in this Regulation constrains any powers under and pursuant to the Community Customs Code and its implementing provisions.

(16) Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.

(17) This Regulation is without prejudice to the Union regime for the control of exports, transfer, brokering and transit of dual-use items established by Council Regulation (EC) No 428/2009(12).

(18) This Regulation is consistent with the other relevant provisions on firearms, their parts, essential components and ammunition for military use, security strategies, illicit trafficking in small arms and light weapons and exports of military technology, including Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment(13).

(19) The Commission and the Member States should inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connection with this Regulation.

(20) This Regulation does not prevent the Member States from applying their constitutional rules relating to public access to official documents, taking into account Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(14),

HAVE ADOPTED THIS REGULATION:

CHAPTER I U.K. SUBJECT, DEFINITIONS AND SCOPE

Article 1 U.K.

This Regulation lays down rules governing export authorisation, and import and transit measures for firearms, their parts and essential components and ammunition, for the purpose of 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 (the ‘UN Firearms Protocol’).

Article 2 U.K.

For the purposes of this Regulation:

(1)

‘firearm’ means any portable barrelled weapon that expels, is designed to expel or may be converted to expel, a shot, bullet or projectile by the action of a combustible propellant as referred to in Annex I.

An object is considered as capable of being converted to expel a shot, bullet or projectile by the action of a combustible propellant if:

• it has the appearance of a firearm, and

• as a result of its construction or the material from which it is made, it can be so converted;

(2)

‘parts’ means any element or replacement element as referred to in Annex I specifically designed for a firearm and essential to its operation, including a barrel, frame or receiver, slide or cylinder, bolt or breech block, and any device designed or adapted to diminish the sound caused by firing a firearm;

(3)

‘essential components’ means the breech-closing mechanism, the chamber and the barrel of a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted;

(4)

‘ammunition’ means the complete round or the components thereof, including cartridge cases, primers, propellant powder, bullets or projectiles that are used in a firearm, as referred to in Annex I, provided that those components are themselves subject to authorisation in the [F1 United Kingdom];

(5)

‘deactivated firearms’ means objects otherwise corresponding to the definition of a firearm which have been rendered permanently unfit for use by deactivation, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal, replacement or modification that would permit the firearm to be reactivated in any way.

[F2 The Secretary of State] shall make arrangements for these deactivation measures to be verified F3 .... [F2 The Secretary of State] shall, in the context of that verification, provide for the issue of a certificate or record attesting to the deactivation of the firearm or the apposition of a clearly visible mark to that effect on the firearm;

(6)

[F4 “export” means any departure of goods from the United Kingdom, including shipment as stores, to a destination outside of the United Kingdom or the Isle of Man;]

(7)

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

‘exporter’ means any person, [F6 resident or] established in the [F7 United Kingdom], who makes or on whose behalf an export declaration is made, that is to say the person who, at the time when the declaration is accepted, holds the contract with the consignee in the third country and has the power for determining the sending of the item out of the [F8 United Kingdom to a destination outside of the United Kingdom and the Isle of Man. If no export declaration has been made, the exporter is the person who holds the contract with the consignee in the third country and has power for determining the sending of the item out of the United Kingdom to a destination outside of the United Kingdom and the Isle of Man.] If no export contract has been concluded or if the holder of the contract does not act on its own behalf, the exporter shall mean the person who has the power for determining the sending of the item out of the [F9 United Kingdom to a destination outside of the United Kingdom and the Isle of Man].

Where the benefit of a right to dispose of firearms, their parts and essential components or ammunition accrues to a person established outside the [F10 United Kingdom] pursuant to the contract on which the export is based, the exporter shall be considered to be the contracting party established in the [F10 United Kingdom];

(9)

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)

‘export declaration’ means the act whereby a person indicates in the prescribed form and manner his intention to [F12 export] firearms, their parts and essential components, and ammunition F13 ...;

(11)

‘temporary export’ means the movement of firearms leaving the [F14 the United Kingdom to a destination outside of the United Kingdom and the Isle of Man] and intended for re-importation within a period not exceeding 24 months;

(11a)

[F15 “third country” means any country or territory outside of the United Kingdom and the Isle of Man;]

(12)

‘transit’ means the operation of transport of goods leaving the [F16 United Kingdom] and passing through the territory of one or more third countries with final destination in another third country;

(13)

‘transhipment’ means transit involving the physical operation of unloading goods from the importing means of transport followed by reloading, for the purpose of [F17 exportation], generally onto another means of transport;

(14)

‘export authorisation’ means:

(a)

a single authorisation or licence granted to one specific exporter for one shipment of one or more firearms, their parts and essential components and ammunition to one identified final recipient or consignee in a third country; or

(b)

a multiple authorisation or licence granted to one specific exporter for multiple shipments of one or more firearms, their parts and essential components and ammunition to one identified final recipient or consignee in a third country; or

(c)

a global authorisation or licence granted to one specific exporter for multiple shipments of one or more firearms, their parts and essential components and ammunition to several identified final recipients or consignees in one or several third countries;

(15)

‘illicit trafficking’ means the import, export, sale, delivery, movement or transfer of firearms, their parts and essential components or ammunition from or across the territory of [F18 the United Kingdom] to that of a third country, if any of the following applies:

(a)

the [F19 Secretary of State] does not authorise it in accordance with the terms of this Regulation;

(b)

the firearms are not marked in accordance with Article 4(1) and (2) of Directive 91/477/EEC;

(c)

F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16)

‘tracing’ means the systematic tracking of firearms and, where possible, their parts and essential components and ammunition from manufacturer to purchaser for the purpose of assisting the competent authorities of [F21 United Kingdom] in detecting, investigating and analysing illicit manufacturing and trafficking.

Textual Amendments

F1 Words in Art. 2(4) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(a) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 2(5) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(b) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 2(5) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(b) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 2(6) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(c) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 2(7) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(d) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 2(8) inserted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(e)(i)(aa) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 2(8) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(e)(i)(bb) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 2(8) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(e)(i)(cc) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 2(8) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(e)(i)(dd) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 2(8) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(e)(ii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 2(9) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(f) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F12 Word in Art. 2(10) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(g) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 2(10) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(g) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 2(11) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(h) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F15 Art. 2(11a) inserted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(i) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 2(12) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(j) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F17 Word in Art. 2(13) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(k) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 2(15) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(l)(i) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 2(15)(a) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(l)(ii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F20 Art. 2(15)(c) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(l)(iii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 2(16) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(2)(m) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K.

1. This Regulation shall not apply to:

(a) State to State transactions or State transfers;

(b) firearms, their parts and essential components and ammunition if specially designed for military use and, in any case, firearms of the fully automatic firing type;

(c) firearms, their parts and essential components and ammunition when destined for the armed forces, the police, or the public authorities of the [F22 United Kingdom];

(d) collectors and bodies concerned with cultural and historical aspects of firearms, their parts and essential components and ammunition and recognised as such for the purpose of this Regulation by the [F23 Secretary of State], provided that tracing measures are ensured;

(e) deactivated firearms;

(f) antique firearms and their replicas as defined in accordance with national legislation, provided that antique firearms do not include firearms manufactured after 1899.

2. This Regulation is without prejudice to Regulation (EEC) No 2913/92 (Community Customs Code), Regulation (EEC) No 2454/93 (implementing provisions of the Community Customs Code), Regulation (EC) No 450/2008 (Modernised Customs Code), and to the regime for the control of exports, transfer, brokering and transit of dual-use items established by Regulation (EC) No 428/2009 (Dual Use Regulation).

Textual Amendments

F22 Words in Art. 3(1)(c) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(3)(a) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 3(1)(d) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(3)(b) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. EXPORT AUTHORISATION, PROCEDURES AND CONTROLS AND IMPORT AND TRANSIT MEASURES

Article 4 U.K.

1. An export authorisation established in accordance with the form set out in Annex II shall be required for the export of firearms, their parts and essential components and ammunition listed in Annex I. Such authorisation shall be granted by the [F24 Secretary of State] and shall be issued in writing or by electronic means.

2. Where the export of firearms, their parts, essential components and ammunition requires an export authorisation pursuant to this Regulation and that export is also subject to authorisation requirements in accordance with [F25 the Export Control Order 2008], [F26 the Secretary of State] may use a single procedure to carry out the obligations imposed on [F27 the Secretary of State] by this Regulation and by that [F28 Order].

F29 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Words in Art. 4(1) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(4)(a) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 4(2) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(4)(b)(i) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 4(2) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(4)(b)(ii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in Art. 4(2) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(4)(b)(iii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F28 Word in Art. 4(2) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(4)(b)(iv) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F29 Art. 4(3) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(4)(c) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

[F30 Article 5 U.K.

1. The Secretary of State may by regulations amend Annex I.

2. Regulations under this Article are to be made by statutory instrument.

3. Regulations under this Article:

(a) may make different provision with respect to different cases or descriptions of case;

(b) may include—

(i) incidental, supplementary or consequential provision;

(ii) transitional, transitory or saving provision.

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

Textual Amendments

F30 Art. 5 substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(5) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F31 Article 6 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 Art. 6 omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(6) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K.

1. Before issuing an export authorisation for firearms, their parts and essential components and ammunition, the [F32 Secretary of State] shall verify that:

(a) the importing third country has authorised the relevant import; and

(b) the third countries of transit, if any, have given notice in writing — and at the latest prior to shipment — that they have no objection to the transit. This provision does not apply:

• (b) to shipments by sea or air and through ports or airports of third countries provided that that there is no transhipment or change of means of transport,

• in the case of temporary exports for verifiable lawful purposes, which include hunting, sport shooting, evaluation, exhibitions without sale, and repair.

2. [F33 The Secretary of State] may decide that, if no objections to the transit are received within 20 working days from the day of the written request for no objection to the transit submitted by the exporter, the consulted third country of transit shall be regarded as having no objection to the transit.

3. The exporter shall supply the [F34 Secretary of State] with the necessary documents proving that the importing third country has authorised the import and that the third country of transit had no objection to the transit.

4. [F35 The Secretary of State] shall process applications for export authorisations within a period of time F36 ... which shall not exceed 60 working days, from the date on which all required information has been provided to the [F35 Secretary of State]. Under exceptional circumstances and for duly justified reasons, that period may be extended to 90 working days.

5. The period of validity of an export authorisation shall not exceed the period of validity of the import authorisation. Where the import authorisation does not specify a period of validity, except under exceptional circumstances and for duly justified reasons, the period of validity of an export authorisation shall be at least nine months.

F37 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32 Words in Art. 7(1) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(7)(a) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F33 Words in Art. 7(2) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(7)(b) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in Art. 7(3) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(7)(c) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F35 Words in Art. 7(4) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(7)(d)(i) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F36 Words in Art. 7(4) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(7)(d)(ii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F37 Art. 7(6) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(7)(e) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K.

1. For the purpose of tracing, the export authorisation and the import licence or import authorisation issued by the importing third country and the accompanying documentation shall together contain information that includes:

(a) the dates of issue and expiry;

(b) the place of issue;

(c) the country of export;

(d) the country of import;

(e) whenever applicable, the third country or countries of transit;

(f) the consignee;

(g) the final recipient, if known at the time of the shipment;

(h) particulars enabling the identification of the firearms, their parts and essential components and ammunition, and the quantity thereof including, at the latest prior to the shipment, the marking applied to the firearms.

2. The information referred to in paragraph 1, if contained in the import licence or import authorisation, shall be provided by the exporter in advance to the third countries of transit, at the latest prior to the shipment.

Article 9 U.K.

1. Simplified procedures for the temporary export F38 ... of firearms, their parts, essential components and ammunition shall apply as follows:

(a) No export authorisation shall be required for:

(i)

the temporary export by hunters or sport shooters as part of their accompanied personal effects, during a journey to a third country, provided that they substantiate to the [F39 Secretary of State] the reasons for the journey, in particular by producing an invitation or other proof of the hunting or sport shooting activities in the third country of destination, of:

• one or more firearms,

• their essential components, if marked, as well as parts,

• their related ammunition, limited to a maximum of 800 rounds for hunters and a maximum of 1 200 rounds for sport shooters;

(ii)

the [F40 export] by hunters or sport shooters as part of their accompanied personal effects following temporary admission for hunting or sport shooting activities, provided that the firearms remain the property of a person established outside the [F41 United Kingdom or the Isle of Man] and the firearms are [F42 exported] to that person.

F43 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) The [F44 Secretary of State] shall, for a period not exceeding 10 days, suspend the process of export or, if necessary, otherwise prevent firearms, their parts and essential components or ammunition from leaving the [F45 United Kingdom], where they have grounds for suspicion that the reasons substantiated by hunters or sport shooters are not in conformity with the relevant considerations and the obligations laid down in Article 10. In exceptional circumstances and for duly justified reasons, the period referred to in this point may be extended to 30 days.

2. [F46 The Secretary of State] shall F47 ... establish simplified procedures for:

(a) the [F48 export] of firearms following temporary admission for evaluation or exhibition without sale, or inward processing for repair, provided that the firearms remain the property of a person established outside the [F49 United Kingdom or the Isle of Man] and the firearms are [F50 exported] to that person;

(b) the [F51 export] of firearms, their parts and essential components and ammunition if they are held in temporary storage from the moment they enter the [F52 United Kingdom or the Isle of Man] until their exit;

(c) the temporary export of firearms for the purpose of evaluation and repair and exhibition without sale, provided that the exporter substantiates the lawful possession of these firearms and exports them under the outward processing or temporary exportation customs procedures.

Textual Amendments

F38 Words in Art. 9(1) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(8)(a) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F39 Words in Art. 9(1)(a)(i) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(8)(b) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F40 Word in Art. 9(1)(a)(ii) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(8)(c)(i) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F41 Words in Art. 9(1)(a)(ii) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(8)(c)(ii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F42 Word in Art. 9(1)(a)(ii) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(8)(c)(iii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F43 Art. 9(1)(b) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(8)(d) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F44 Words in Art. 9(1)(c) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(8)(e)(i) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Art. 9(1)(c) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(8)(e)(ii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F46 Words in Art. 9(2) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(8)(f) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F47 Words in Art. 9(2) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(8)(f) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F48 Word in Art. 9(2)(a) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(8)(g)(i) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F49 Words in Art. 9(2)(a) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(8)(g)(iii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F50 Word in Art. 9(2)(a) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(8)(g)(ii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F51 Word in Art. 9(2)(b) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(8)(h)(i) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F52 Words in Art. 9(2)(b) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(8)(h)(ii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.K.

1. In deciding whether to grant an export authorisation under this Regulation, [F53 the Secretary of State] shall take into account all relevant considerations including, where appropriate:

(a) [F54 the United Kingdom's] obligations and commitments as parties to the relevant international export control arrangements or relevant international treaties;

(b) considerations of national foreign and security policy, including those [F55 contained within guidance made under section 9 of the Export Control Act 2002];

(c) considerations as to intended end use, consignee, identified final recipient and the risk of diversion.

2. In addition to the relevant considerations set out in paragraph 1, when assessing an application for an export authorisation, [F56 the Secretary of State] shall take into account the application by the exporter of proportionate and adequate means and procedures to ensure compliance with the provisions and objectives of this Regulation and with the terms and conditions of the authorisation.

In deciding whether to grant an export authorisation under this Regulation, [F56 the Secretary of State] shall respect their obligations with regard to sanctions imposed by F57 ... a decision of the Organisation for Security and Cooperation in Europe (OSCE) or by a binding resolution of the Security Council of the United Nations, in particular as regards arms embargoes.

Textual Amendments

F53 Words in Art. 10(1) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(9)(a) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F54 Words in Art. 10(1)(a) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(9)(b) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F55 Words in Art. 10(1)(b) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(9)(c) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F56 Words in Art. 10(2) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(9)(d)(i) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F57 Words in Art. 10(2) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(9)(d)(ii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

Article 11 U.K.

1. [F58 The Secretary of State] shall:

(a) refuse to grant an export authorisation if the applicant has a criminal record concerning conduct constituting an offence [F59 punishable by a term of imprisonment of not less than four years];

(b) annul, suspend, modify or revoke an export authorisation if the conditions for granting it are not met or are no longer met.

F60 ...

F61 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 Words in Art. 11(1) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(10)(a) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F59 Words in Art. 11(1)(a) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(10)(b) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F60 Words in Art. 11(1)(b) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(10)(c) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F61 Art. 11(2)-(4) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(10)(d) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K.

[F62 The Secretary of State] shall keep, for not less than 20 years, all information relating to firearms and, where appropriate and feasible, their parts and essential components and ammunition, which is necessary to trace and identify those firearms, their parts and essential components and ammunition, and to prevent and detect illicit trafficking therein. That information shall include the place, dates of issue and expiry of the export authorisation; the country of export; the country of import; where applicable, the third country of transit; the consignee; the final recipient if known at the time of export; and the description and quantity of the items, including any markings applied to them.

This Article shall not apply to exports as referred to in Article 9.

Textual Amendments

F62 Words in Art. 12 substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(11) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

Article 13 U.K.

1. [F63 The Secretary of State] shall, in case of suspicion, request the importing third country to confirm receipt of the dispatched shipment of firearms, their parts and essential components or ammunition.

2. Upon request of a third country of export which is a Party to the UN Firearms Protocol at the time of the export, [F64 the Secretary of State] shall confirm the receipt within the [F65 United Kingdom] of the dispatched shipment of firearms, their parts and essential components or ammunition, which shall be ensured in principle by producing the relevant customs importation documents.

F66 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F63 Words in Art. 13(1) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(12)(a) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F64 Words in Art. 13(2) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(12)(b)(i) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F65 Words in Art. 13(2) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(12)(b)(ii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F66 Art. 13(3) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(12)(c) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 U.K.

[F67 The Secretary of State] shall take such measures as may be necessary to ensure that [F68 the United Kingdom's] authorisation procedures are secure and that the authenticity of authorisation documents can be verified or validated.

Verification and validation may also, where appropriate, be ensured by means of diplomatic channels.

Textual Amendments

F67 Words in Art. 14 substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(13)(a) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F68 Words in Art. 14 substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(13)(b) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

Article 15 U.K.

In order to ensure that this Regulation is properly applied, [F69 the Secretary of State] shall take necessary and proportionate measures F70 ... to:

(a)

gather information on any order or transaction involving firearms, their parts and essential components and ammunition; and

(b)

establish that the export control measures are being properly applied, which may, in particular, include the power to enter the premises of persons with an interest in an export transaction.

Textual Amendments

F69 Words in Art. 15 substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(14)(a) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F70 Words in Art. 15 omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(14)(b) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F71 Article 16 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71 Art. 16 omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(15) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. CUSTOMS FORMALITIES

Article 17 U.K.

1. When completing customs formalities for the export of firearms, their parts and essential components or ammunition at the customs office of export, the exporter shall furnish proof that any necessary export authorisation has been obtained.

F72 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Without prejudice to any powers conferred on them under [F73 Regulation (EU) No 952/2013], [F74 the Secretary of State] shall, for a period not exceeding 10 days, suspend the process of export from [F75 the United Kingdom] F76 ..., where [F77 the Secretary of State has] grounds for suspicion that:

(a) relevant information was not taken into account when the authorisation was granted; or

(b) circumstances have materially changed since the authorisation was granted.

In exceptional circumstances and for duly substantiated reasons, that period may be extended to 30 days.

4. Within the period or extended period referred to in paragraph 3, [F78 the Secretary of State] shall either release the firearms, their parts and essential components or ammunition, or take action pursuant to Article 11(1)(b).

Textual Amendments

F72 Art. 17(2) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(16)(a) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F73 Words in Art. 17(3) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(16)(b)(i) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F74 Words in Art. 17(3) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(16)(b)(ii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F75 Words in Art. 17(3) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(16)(b)(iii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F76 Words in Art. 17(3) omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(16)(b)(iv) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F77 Words in Art. 17(3) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(16)(b)(v) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F78 Words in Art. 17(4) substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(16)(c) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F79 Article 18 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Art. 18 omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(15) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IV U.K. ADMINISTRATIVE COOPERATION

F80 Article 19 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80 Art. 19 omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(15) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER V U.K. GENERAL AND FINAL PROVISIONS

F81 Article 20 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 Art. 20 omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(15) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F82 Article 21 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82 Art. 21 omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(15) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F83 Article 22 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F83 Art. 22 omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(17) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F84 ...

Done at Strasbourg, 14 March 2012.

For the European Parliament

The President

M. Schulz

For the Council

The President

N. Wammen

Textual Amendments

F84 Words in Signature omitted (31.12.2020) by virtue of S.I. 2019/771, regs. 1, 4(17A) (as inserted by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/806), regs. 1, 2(7)); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX I(15) U.K. List of firearms, their parts and essential components and ammunition

	Description	[F85 Commodity Code]
1	Semi-automatic or repeating short firearms	ex 9302 00 00
2	Single-shot short firearms with centre-fire percussion	ex 9302 00 00
3	Single-shot short firearms with rimfire percussion whose overall length is less than 28 cm	ex 9302 00 00
4	Semi-automatic long firearms whose magazine and chamber can together hold more than three rounds	ex 9303 20 10 ex 9303 20 95 ex 9303 30 00 ex 9303 90 00
5	Semi-automatic long firearms whose magazine and chamber cannot together hold more than three rounds, where the loading device is removable or where it is not certain that the weapon cannot be converted, with ordinary tools, into a weapon whose magazine and chamber can together hold more than three rounds.	ex 9303 20 10 ex 9303 20 95 ex 9303 30 00 ex 9303 90 00
6	Repeating and semi-automatic long firearms with smooth-bore barrels not exceeding 60 cm in length	ex 9303 20 10 ex 9303 20 95
7	Semi-automatic firearms for civilian use which resemble weapons with automatic mechanisms	ex 9302 00 00 ex 9303 20 10 ex 9303 20 95 ex 9303 30 00 ex 9303 90 00
8	Repeating long firearms other than those listed in point 6	ex 9303 20 95 ex 9303 30 00 ex 9303 90 00
9	Long firearms with single-shot rifled barrels	ex 9303 30 00 ex 9303 90 00
10	Semi-automatic long firearms other than those in points 4 to 7	ex 9303 90 00
11	Single-shot short firearms with rimfire percussion whose overall length is not less than 28 cm	ex 9302 00 00
12	Single-shot long firearms with smooth-bore barrels	9303 10 00 ex 9303 20 10 ex 9303 20 95
13	Parts specifically designed for a firearm and essential to its operation, including a barrel, frame or receiver, slide or cylinder, bolt or breech block, and any device designed or adapted to diminish the sound caused by firing a firearm. Any essential component of such firearms: the breech-closing mechanism, the chamber and the barrel of a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted	ex 9305 10 00 ex 9305 21 00 ex 9305 29 00 ex 9305 99 00
14	Ammunition: the complete round or the components thereof, including cartridge cases, primers, propellant powder, bullets or projectiles, that are used in a firearm, provided that those components are themselves subject to authorisation in the relevant Member State	ex 3601 00 00 ex 3603 00 90 ex 9306 21 00 ex 9306 29 00 ex 9306 30 10 ex 9306 30 90 ex 9306 90 90
15	Collections and collectors’ pieces of historical interest Antiques of an age exceeding 100 years	ex 9705 00 00 ex 9706 00 00

Textual Amendments

F85 Words in Annex 1 substituted (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(18) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

For the purposes of this Annex:

(a)

‘short firearm’ means a firearm with a barrel not exceeding 30 centimetres or whose overall length does not exceed 60 centimetres;

(b)

‘long firearm’ means any firearm other than a short firearm;

(c)

‘automatic firearm’ means a firearm which reloads automatically each time a round is fired and can fire more than one round with one pull on the trigger;

(d)

‘semi-automatic firearm’ means a firearm which reloads automatically each time a round is fired and can fire only one round with one pull on the trigger;

(e)

‘repeating firearm’ means a firearm which, after a round has been fired, is designed to be reloaded from a magazine or cylinder by means of a manually-operated action;

(f)

‘single-shot firearm’ means a firearm with no magazine which is loaded before each shot by the manual insertion of a round into the chamber or a loading recess at the breech of the barrel.

ANNEX II U.K. F86 F87 F88 (model for export authorisation forms)(referred to in Article 4 of this Regulation)

Textual Amendments

F86 Annex 2: in the header to the model form, the words “European Union” are omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(19)(b)(i) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F87 Annex 2: in the form, entry 12 is omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(19)(b)(ii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F88 Annex 2: in the form, in the box following entry 20, the words “At discretion of the Secretary of State” are substituted for the words “At discretion of Member States” (31.12.2020) by The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(19)(b)(iii) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

F89 ...

Textual Amendments

F89 Words in Annex 2 omitted (31.12.2020) by virtue of The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/771), regs. 1, 4(19)(a) (with reg. 6) (as amended by S.I. 2020/1502, regs. 2(3), 11); 2020 c. 1, Sch. 5 para. 1(1)

(1)

Position of the European Parliament of 13 October 2011 (not yet published in the Official Journal) and Council Decision of 8 March 2012.

(2)

OJ L 280, 24.10.2001, p. 5.

(3)

OJ L 281, 23.11.1995, p. 31.

(4)

OJ L 8, 12.1.2001, p. 1.

(5)

COM(2005) 329. The Communication also announced the technical modification of Directive 91/477/EEC aimed at integrating the appropriate provisions required by the UN Protocol as regards intra-Community transfers of weapons concerned by the Directive, finally amended by Directive 2008/51/EC of the European Parliament and of the Council (OJ L 179, 8.7.2008, p. 5).

(6)

OJ L 146, 10.6.2009, p. 1.

(7)

OJ L 256, 13.9.1991, p. 51.

(8)

OJ L 256, 7.9.1987, p. 1.

(9)

OJ L 302, 19.10.1992, p. 1.

(10)

OJ L 253, 11.10.1993, p. 1.

(11)

OJ L 145, 4.6.2008, p. 1.

(12)

OJ L 134, 29.5.2009, p. 1.

(13)

OJ L 335, 13.12.2008, p. 99.

(14)

OJ L 145, 31.5.2001, p. 43.

(15)

Based on the Combined Nomenclature of goods as laid down in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff.