The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019

Amendment of Regulation (EU) No 258/2012 U.K.

4.—(1) Regulation (EU) No 258/2012 of 14 March 2012 of the European Parliament and of the Council implementing Article 10 of the United Nations' Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition is amended as follows.

(2) In Article 2 (definitions)—

(a) in point (4) (definition of ‘ammunition’), for “relevant Member State” substitute “ United Kingdom ”;

(b) in point (5) (definition of ‘deactivated firearms’) in the second paragraph, for “Member States” in both places substitute “ The Secretary of State ” and omit “by a competent authority”;

(c) for point (6) substitute—

“(6) “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;”;

(d) omit point (7) (definition of “person”);

(e) in point (8) (definition of “exporter”)—

(i) in the first paragraph—

(aa) after “any person,” insert “ resident or ”;

(bb) for “Union”, in the first place it occurs, substitute “ United Kingdom ”; and

(cc) for “customs territory of the Union”, in the first place it occurs, substitute “ 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. ”;

(dd) for “customs territory of the Union” in the second place it occurs, substitute “ United Kingdom to a destination outside of the United Kingdom and the Isle of Man ”;

(ii) in the second paragraph, for “Union”, in both places it occurs, substitute “ United Kingdom ”;

(f) omit point (9) (definition of “customs territory of the Union”);

(g) in point (10) (definition of “export declaration”), for “place” substitute “ export ” and omit “under an export procedure”;

(h) in point (11) (definition of “temporary export”), for “customs territory of the Union” substitute “ the United Kingdom to a destination outside of the United Kingdom and the Isle of Man ”;

(i) after point (11) insert—

“(11a) “third country” means any country or territory outside of the United Kingdom and the Isle of Man;”;

(j) in point (12) (definition of “transit”), for “customs territory of the Union” substitute “ United Kingdom ”;

(k) in point (13) (definition of “transhipment”), for “re-exportation” substitute “ exportation ”;

(l) in point (15) (definition of “illicit trafficking”)—

(i) in the words before point (a), for “one Member State” substitute “ the United Kingdom ”;

(ii) in point (a), for “Member State concerned” substitute “ Secretary of State ”;

(iii) omit point (c);

(m) in point (16) (definition of “tracing”), for “Member States” substitute “ United Kingdom ”.

(3) In Article 3 (exclusions)—

(a) in paragraph 1(c), for “Member States” substitute “ United Kingdom ”;

(b) in paragraph 1(d), for “Member State in whose territory they are established” substitute “ Secretary of State ”.

(4) In Article 4 (export authorisations)—

(a) in paragraph 1 for “competent authorities of the Member State where the exporter is established” substitute “ Secretary of State ”;

(b) in paragraph 2—

(i) for “Common Position 2008/944/CFSP” substitute “ the Export Control Order 2008 M1 ”;

(ii) for “Member States” substitute “ the Secretary of State ”;

(iii) for “them” substitute “ the Secretary of State ”;

(iv) for “Common Position” substitute “ Order ”;

(c) omit paragraph 3.

(5) For Article 5 (power to amend Annex I) substitute—

“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.”.

(6) Omit Article 6 (conditions relating to the Commission's power to adopt delegated acts).

(7) In Article 7 (requirements prior to issuing export authorisations)—

(a) in paragraph 1, in the words before point (a), for “Member State concerned” substitute “ Secretary of State ”;

(b) in paragraph 2, for “Member States” substitute “ The Secretary of State ”;

(c) in paragraph 3, for “competent authority of the Member State responsible for issuing the export authorisation” substitute “ Secretary of State ”;

(d) in paragraph 4—

(i) for “Member States” substitute “ The Secretary of State ” and for “competent authorities” substitute “ Secretary of State ”;

(ii) omit “to be determined by national law or practice,”;

(e) omit paragraph 6.

(8) In Article 9 (temporary export)—

(a) in paragraph 1, in the words before point (a), omit “or the re-export”;

(b) in paragraph 1(a)(i), for “competent authorities” substitute “ Secretary of State ”;

(c) in paragraph 1(a)(ii)—

(i) for “re-export” substitute “ export ”;

(ii) for “customs territory of the Union” substitute “ United Kingdom or the Isle of Man ”;

(iii) for “re-exported” substitute “ exported ”;

(d) omit paragraph 1(b);

(e) in paragraph 1(c)—

(i) for “competent authorities of a Member State” substitute “ Secretary of State ”;

(ii) for “customs territory of the Union through that Member State” substitute “ United Kingdom ”;

(f) in paragraph 2, in the words before point (a), for “Member States” substitute “ The Secretary of State ” and omit “, in accordance with national law,”;

(g) in paragraph 2(a)—

(i) for “re-export” substitute “ export ”;

(ii) For “re-exported” substitute “ exported ”;

(iii) for “customs territory of the Union” substitute “ United Kingdom or the Isle of Man ”;

(h) in paragraph 2(b)—

(i) for “re-export” substitute “ export ”;

(ii) for “customs territory of the Union” substitute “ United Kingdom or the Isle of Man ”;

(9) In Article 10 (decision as to whether to grant an export authorisation)—

(a) in paragraph 1, in the words before point (a), for “Member States” substitute “ the Secretary of State ”;

(b) in paragraph 1(a), for “their” substitute “the United Kingdom's”;

(c) in paragraph 1(b) for the words from “covered” to the end substitute “ contained within guidance made under section 9 of the Export Control Act 2002 ”;

(d) in paragraph 2—

(i) in both paragraphs, for “Member States” substitute “ the Secretary of State ”;

(ii) in the second paragraph, omit “decisions adopted by the Council or by”.

(10) In Article 11 (refusal, revocation etc. of an export authorisation)—

(a) in paragraph 1, in the words before point (a), for “Member States” substitute “ The Secretary of State ”;

(b) in paragraph 1(a), for the words beginning with “listed in Article 2(2) to the end of the paragraph substitute “ punishable by a term of imprisonment of not less than four years ”;

(c) after paragraph 1(b), omit “This paragraph is without prejudice to stricter rules under national legislation”;

(d) omit the remainder of the Article.

(11) In Article 12 (retention of information) for “In accordance with their national law or practice in force, Member States” substitute “ The Secretary of State ”.

(12) In Article 13 (requests from third countries)—

(a) in paragraph 1 for “Member States” substitute “ The Secretary of State ”;

(b) in paragraph 2—

(i) for “Member States” substitute “ the Secretary of State ”;

(ii) for “customs territory of the Union” substitute “ United Kingdom ”;

(c) omit paragraph 3.

(13) In Article 14 (verification of authorisation procedures)—

(a) for “Member States” substitute “ The Secretary of State ”;

(b) for “their” substitute “the United Kingdom's”.

(14) In Article 15 (measures to ensure proper application of Regulation)—

(a) for “Member States” substitute “ the Secretary of State ”;

(b) omit “to enable their competent authorities”.

(15) Omit Articles 16, 18, 19, 20 and 21.

(16) In Article 17 (customs formalities)—

(a) omit paragraph 2;

(b) in paragraph 3—

(i) for “Regulation (EEC) No 2913/92” substitute “ Regulation (EU) No 952/2013 ”;

(ii) for “Member States” substitute “ the Secretary of State ”;

(iii) for “their territory” substitute “ the United Kingdom ”;

(iv) omit the words beginning with “or, if necessary” and ending with “the customs territory of the Union through their territory”;

(v) for “they have” substitute “ the Secretary of State has ”;

(c) in paragraph 4, for “Member States” substitute “ the Secretary of State ”.

(17) Omit Article 22 (entering into force of Regulation).

[F1 (17A) After Article 22, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.]

(18) In Annex I, in the table, for “CN CODE” substitute “ Commodity Code ”.

(19) In Annex II—

(a) omit the two un-numbered sentences before the model form;

(b) in the form—

(i) in the header to the model form, omit “European Union”;

(ii) omit entry 12;

(iii) in the box following entry 20, for “At discretion of Member States”, substitute “ At discretion of the Secretary of State ”.

Textual Amendments

F1 Reg. 4(17A) inserted (31.1.2020) 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)

Commencement Information

I1 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 S.I. 2008/3231.