The Common Rules for Exports (EU Exit) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) (“the Act”) (in particular under section 8(2)(a), (b), (c), (d), (e) and (g)) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. These Regulations are also made under section 8C(1) of the Act in order to implement the Protocol on Ireland/Northern Ireland to the EU Withdrawal Agreement (“the Protocol”). They make amendments to the retained domestic version of Regulation (EU) 2015/479 of the European Parliament and of the Council dated 11th March 2015 (“the EU Regulation”), which applies in Great Britain after IP completion day. Regulation (EU) 2015/479 is EU legislation listed in Annex 2 of the Protocol which, by virtue of section 7A of the Act and Annex 2 of the Protocol, continues to be directly applicable in Northern Ireland after IP completion day.

Part 2 of the Regulations make amendments to the retained domestic version of Regulation, (EU) 2015/479, as it applies in Great Britain after IP completion day. The amendments relate to export prohibition or restriction measures which may be applied to exports from Great Britain so as to prevent or remedy critical situations arising due to shortages of essential products. Part 2 also confers powers on the Secretary of State to make regulations providing for the application of such export prohibition or restriction measures.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.