The Export Control (Amendment) Order 2019

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Export Control Order 2008 (S.I. 2008/3231) (“the 2008 Order”).

Article 2(2) replaces references in the 2008 Order to Council Regulation (EC) No 1236/2005, which concerned trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment with references to Regulation (EU) 2019/125 of the European Parliament and of the Council, which codifies and replaces that Regulation (OJ L 30, 31.01.2019, p. 1-57). Articles 2(3) and 2(4) amend Articles 36 and 36A of the 2008 Order to ensure that the offences relating to prohibitions and restrictions accurately cross-refer to the relevant provisions of Regulation (EU) 2019/125.

Article 2(5) amends Schedule 2 to the 2008 Order which lists military goods, software and technology subject to export controls (“the UK list”). The content of the UK list reflects both domestic controls and an international export regime known as the Wassenaar Arrangement. This regime is given effect to in the European Union through the Common Military List, the most recent updated version of which was adopted by the Council of the European Union on 26th February 2018 (OJ C 98, 15.03.2018, p.1) (“the CML”).

The amendments to Schedule 2 to the 2008 Order implement Commission Directive (EU) 2019/514 of 14th March 2019 amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products (OJ L 89, 29.03.2019, p. 1) (“the amending Directive”). Directive 2009/43/EC (OJ L 146, 10.6.2009, p.1) simplifies the terms and conditions of transfers within the European Union of defence-related products listed in the Annex to that Directive, which corresponds to the CML. The CML was updated in 2018 and the amending Directive makes the necessary changes to the Annex to Directive 2009/43/EC to bring it into line with the updated CML.

Article 2(6) amends Schedule 4 to the 2008 Order to remove Eritrea from the list of countries at Part 2 of Schedule 4 which lists countries and destinations embargoed and subject to transit control for military goods. Article 3 revokes the Export Control (Eritrea and Miscellaneous Amendments) Order 2011 (S.I. 2011/1296) to the extent it made provision for offences to enforce the sanctions measures set out in Council Regulation (EU) No. 667/2010 of 26th July 2010 (OJ L 195, 27.07.2010, p. 16-24). This is in line with the lifting of sanctions against Eritrea by the United Nations and the European Union.

An Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum and a transposition note are available from the Export Control Organisation, 3 Whitehall Place, London SW1A 2AW and, also, are published alongside the instrument on the www.legislation.gov.uk website. In addition, copies have been placed in the Libraries of both Houses of Parliament.