The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) (No. 2) Regulations 2019

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

2.—(1) The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 are amended as follows.

(2) For regulation 3(5)(f) substitute—

“(f) in paragraph 8, for the words from “the right” to the end substitute “Article 10 of Regulation (EU) 2015/479”.”.

(3) For regulation 3(15) substitute—

“(15) For Article 15 (updating of list of dual-use items) substitute—

“1.   The Secretary of State may by regulations update the list of dual-use items set out in Annex I in conformity with the relevant obligations and commitments, and any modification thereof, that the United Kingdom has accepted as a member of the international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties.

2.   Where the updating of Annex I under paragraph 1 concerns dual-use items which are also listed in Annexes IIa to IIg or IV, regulations under paragraph 1 may also make provision for updating Annexes IIa to IIg or IV.”.”.

(4) After regulation 3(21) insert—

“(21A) After Article 28, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.”.

(5) For regulation 3(22)(h)(ii) substitute—

“(ii) in paragraph 9A003.b, for “either non- EU Member States or Wassenaar” substitute “non-Wassenaar”;”.

(6) For regulation 3(32) substitute—

“(32) In Annex IV (items of stealth technology, strategic control, cryptography etc.)—

(a) in the words before Part I, omit “(List referred to in Article 22(1) of this Regulation)”;

(b) in Part I, in the words before the first table, omit “(possibility of National General Authorisation for intra-Community trade)”;

(c) in Part I, in the heading to the second table, omit “the Community”;

(d) in Part I, in the heading to the third table, omit “the Community”;

(e) in Part I, in the section headed “Exemptions”—

(i) in the words before paragraph (1), for “control” substitute “apply to”;

(ii) in paragraph (2), for “a Member State’s” substitute “the United Kingdom’s”;

(iii) in paragraph (3), for “Community” substitute “United Kingdom” and for “two” substitute “the United Kingdom and one”;

(iv) omit paragraph (4);

(f) in Part II, in the words before the first table, omit “(no National General Authorisation for intra-Community trade)”.”.

(7) After regulation 4(17) insert—

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