The Export Control (Amendment) (EU Exit) Regulations 2019

Amendment of the Export Control Order 2008

4.—(1) The Export Control Order 2008(1) is amended as follows.

(2) In article 2(1) (Interpretation)—

(a) omit the definitions of:

(i) “certificate”;

(ii) “competent authority”;

(iii) “the customs territory”;

(iv) “the defence-related products Directive”;

(v) “European military items”;

(vi) “the firearms Directive”;

(vii) “non-community goods”;

(viii) “the Union General Export Authorisation”; and

(b) before the definition of “scheduled journey” insert ““retained general export authorisation” has the same meaning as in Article 2(9) of the dual-use Regulation;”

(3) In article 2A (Crown application) omit paragraphs 1(c) and 1(e).

(4) In article 6 (WMD purposes end-use control supplementing the dual-use Regulation), for “customs territory” substitute “United Kingdom”.

(5) Omit article 7 (Control on transfers within the customs territory supplementing the dual-use Regulation).

(6) In article 8 (Transit controls supplementing the dual-use Regulation)—

(a) for paragraph (1) substitute—

“(1) Subject to articles 17 and 26, no person shall export goods listed in Annex I to the dual-use Regulation where the goods in question are entering and passing through the United Kingdom with a final destination outside the United Kingdom and the Isle of Man.”;

(b) in paragraph (2)(a), for “a competent authority”, substitute “the Secretary of State”;

(c) in paragraph (2), after the semi-colon at the end of sub-paragraph (b), substitute—

“and the dual-use goods in question are goods which are not listed in Annex I to the dual-use Regulation and which are entering and passing through the United Kingdom with a final destination outside the United Kingdom and the Isle of Man.”.

(7) Omit article 9.

(8) In article 10 (Transfers within the United Kingdom for WMD purposes) substitute references to “customs territory” with “United Kingdom”.

(9) In the heading to article 11 for “customs territory” substitute “United Kingdom”.

(10) In article 11 (Transfers from outside the customs territory for WMD purposes)—

(a) in paragraph (1) sub-paragraph (a), for “a competent authority”, substitute “the Secretary of State”;

(b) in paragraph (2) substitute references to “customs territory” with “United Kingdom”.

(11) In article 12 (Transfers by non-electronic means from the United Kingdom for WMD purposes, substitute paragraph (2) with “Subject to articles 18 and 26, the transferor shall not transfer the software or technology in question by non-electronic means to a destination outside the United Kingdom.”

(12) Omit article 15 (Exception for firearms – European firearms pass).

(13) Omit article 16 (Exception for firearms – firearm or shot gun certificate or permit).

(14) In article 17 (Transit or transhipment exception)—

(a) in paragraph (1)—

(i) omit “, 7”;

(ii) for “conditions in paragraph (4) are met” substitute “condition in paragraph (4) is met”;

(b) in paragraph (3)(a), for “a competent authority”, substitute “the Secretary of State”;

(c) for paragraph (4), substitute—

“(4) The condition is that the goods in question remain on board a vessel, aircraft or vehicle for the entire period that they remain in the United Kingdom or are goods on a through bill of lading, through the air waybill or single transport contract and in any event are exported before the end of the period of 30 days beginning with the date of their importation.”.

(15) In article 19 (End-use control on technical assistance), for each reference to “customs territory”, substitute “United Kingdom”.

(16) Omit article 24 (Exception for movement of goods within the customs territory).

(17) In article 26 (Licences) omit paragraph (5).

(18) In article 27(1) (Person authorised by UK licence to export goods)—

(a) substitute references to “customs territory” with “United Kingdom”; and

(b) in sub-paragraph (a) after “on whose behalf the export declaration is made” insert “, where an export declaration is required,”.

(19) In article 28(1)(b) (Registration with the Secretary of State), substitute “Union General Export Authorisation” with “retained general export authorisation”.

(20) Omit article 28A (Certificates (European military items))(2).

(21) In article 29 (Record keeping – general)—

(a) in paragraph (1)—

(i) in sub-paragraph (b)—

(aa) substitute “Union General Export Authorisation” with “retained general export authorisation”;

(bb) after “Kingdom” insert “.”;

(cc) omit “; and”;

(ii) omit sub-paragraph (c);

(b) omit paragraph (4).

(22) In article 31 (Inspection of records)—

(a) in paragraph (1) omit “or 22(8) (records of exportation and transfer of listed items within the customs territory)”;

(b) in paragraph (2) sub-paragraph (b) omit “or 22(8)”.

(23) Omit article 33A (Certificates: refusals, etc. and appeals).

(24) In article 35 (Offences relating to prohibitions and restrictions in the dual-use Regulation)—

(a) in paragraph (1), omit “or 22(1) (exportation or transfer of sensitive items within the customs territory)”;

(b) in paragraph (2), for “competent authority” substitute “the Secretary of State”;

(c) in paragraph (4), omit “or 22(1)”;

(d) in paragraph (7), after “Article 20 (record-keeping)” omit “, 22(8) (records of exportation and transfer of listed items within the customs territory) or 22(10) (requirement in relation to commercial documents for exportation and transfer of listed items within the customs territory)”.

(25) Omit “or certificates” from the heading to Article 37 (Misleading applications for licences or certificates).

(26) In article 37, omit both occurrences of “or certificate”.

(27) In article 38(1) (Failure to comply with licence conditions) for each reference to “Union General Export Authorisation” substitute “retained general export authorisation”.

(28) In article 40 (Customs powers relating to dual-use goods)—

(a) in paragraph (1)

(i) for “a competent authority” substitute “the Secretary of State”;

(ii) for “its” substitute “the Secretary of State’s”; and

(b) in paragraph (2)

(i) for “customs territory” substitute “United Kingdom”;

(ii) at the end of sub-paragraph (b) omit from “,” to “licence”.

(29) In article 43 (Use and disclosure of information)—

(a) for paragraph (1)(b), substitute—

“(b) so far as not contained within this Order, any provision of retained EU law on the export of goods, the transfer of software or technology, participation in the provision of technical assistance, or activities which facilitate, or are otherwise connected with, the acquisition, disposal or movement of goods.”;

(b) in paragraph 2(b) omit “EU provision or other”;

(c) after paragraph 6, insert—

“In this article “retained EU law” has the meaning given by section 6(7) of the European Union (Withdrawal) Act 2018.”.

(30) Omit article 46.

(31) In Schedule 2 (Military goods, software and technology) omit the definition of “Deactivation Regulation” and substitute with “‘Deactivation Regulation’ means Commission Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable;”(3).

(32) In Schedule 3 (UK controlled dual-use goods, software and technology), in entry PL8001 for “the customs territory” substitute “the customs territory of the European Union”.

(1)

S.I. 2008/3231 as amended.

(2)

Article 28A was added by S.I. 2012/1910 which also inserted definitions of “defence-related products Directive” and “European military items” in connection with the implementation of Directive 2009/43/EC fo the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community.

(3)

OJ N L 333, 19.12.2015, p.62.