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Council Regulation (EC) No 428/2009Show full title

Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast)

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[9A] [F1Systems, Equipment and ComponentsU.K.

NB:For propulsion systems designed or rated against neutron or transient ionizing radiation, SEE THE MILITARY GOODS CONTROLS.U.K.

[9A001] Aero gas turbine engines having any of the following:

NB:SEE ALSO 9A101.U.K.
a.

Incorporating any of the "technologies" specified in 9E003.a., 9E003.h. or 9E003.i.; or

Note 1:9A001.a. does not control aero gas turbine engines which meet all of the following:U.K.
a.

Certified by the civil aviation authorities of one or more F2... Wassenaar Arrangement Participating States; and

b.

Intended to power non-military manned "aircraft" for which any of the following has been issued by civil aviation authorities of one or more F2... Wassenaar Arrangement Participating States for the "aircraft" with this specific engine type:

1.

A civil type certificate; or

2.

An equivalent document recognized by the International Civil Aviation Organisation (ICAO).

Textual Amendments

Note 2:9A001.a. does not control aero gas turbine engines designed for Auxiliary Power Units (APUs) approved by the civil aviation authority in F3... Wassenaar Arrangement Participating States.U.K.

Textual Amendments

b.

Designed to power an "aircraft" to cruise at Mach 1 or higher, for more than thirty minutes.

[9A002] ‘Marine gas turbine engines’ designed to use liquid fuel and having all of the following, and specially designed assemblies and components therefor:

a.

Maximum continuous power when operating in "steady state mode" at standard reference conditions specified by ISO 3977-2:1997 (or national equivalent) of 24 245 kW or more; and

b.

‘Corrected specific fuel consumption’ not exceeding 0,219 kg/kWh at 35 % of the maximum continuous power when using liquid fuel.

Note:The term ‘marine gas turbine engines’ includes those industrial, or aero-derivative, gas turbine engines adapted for a ship’s electric power generation or propulsion.U.K.
Technical Note:U.K.

For the purposes of 9A002, ‘corrected specific fuel consumption’ is the specific fuel consumption of the engine corrected to a marine distillate liquid fuel having a net specific energy (i.e. net heating value) of 42MJ/kg (ISO 3977-2:1997).

[9A003] Specially designed assemblies or components, incorporating any of the "technologies" specified in 9E003.a., 9E003.h. or 9E003.i., for any of the following aero gas turbine engines:

a.

Specified in 9A001; or

b.

Whose design or production origins are [F4non-Wassenaar] Arrangement Participating States or unknown to the manufacturer.

[9A004] Space launch vehicles, "spacecraft", "spacecraft buses", "spacecraft payloads", "spacecraft" on-board systems or equipment, terrestrial equipment, and air-launch platforms as follows:

NB:SEE ALSO 9A104.U.K.
a.

Space launch vehicles;

b.

"Spacecraft";

c.

"Spacecraft buses";

d.

"Spacecraft payloads" incorporating items specified in 3A001.b.1.a.4., 3A002.g., 5A001.a.1., 5A001.b.3., 5A002.c., 5A002.e., 6A002.a.1., 6A002.a.2., 6A002.b., 6A002.d., 6A003.b., 6A004.c., 6A004.e., 6A008.d., 6A008.e., 6A008.k., 6A008.l. or 9A010.c.;

e.

On-board systems or equipment, specially designed for "spacecraft" and having any of the following functions:

1.

‘Command and telemetry data handling’;

Note:For the purpose of 9A004.e.1., ‘command and telemetry data handling’ includes bus data management, storage, and processing.U.K.
2.

‘Payload data handling’; or

Note:For the purpose of 9A004.e.2., ‘payload data handling’ includes payload data management, storage, and processing.U.K.
3.

‘Attitude and orbit control’;

Note:For the purpose of 9A004.e.3., ‘attitude and orbit control’ includes sensing and actuation to determine and control the position and orientation of a "spacecraft".U.K.
NB:For equipment specially designed for military use, SEE MILITARY GOODS CONTROLS.U.K.
f.

Terrestrial equipment specially designed for "spacecraft", as follows:

1.

Telemetry and telecommand equipment specially designed for any of the following data processing functions:

a.

Telemetry data processing of frame synchronisation and error corrections, for monitoring of operational status (also known as health and safe status) of the "spacecraft bus"; or

b.

Command data processing for formatting command data being sent to the "spacecraft" to control the "spacecraft bus";

2.

Simulators specially designed for ‘verification of operational procedures’ of "spacecraft";

Technical Note:U.K.

For the purposes of 9A004.f.2., ‘verification of operational procedures’ is any of the following:

1.Command sequence confirmation;U.K.
2.Operational training;U.K.
3.Operational rehearsals; orU.K.
4.Operational analysis.U.K.
g.

"Aircraft" specially designed or modified to be air-launch platforms for space launch vehicles;

h.

"Sub-orbital craft".

[9A005] Liquid rocket propulsion systems containing any of the systems or components, specified in 9A006.

NB:SEE ALSO 9A105 AND 9A119.U.K.

[9A006] Systems and components, specially designed for liquid rocket propulsion systems, as follows:

NB:SEE ALSO 9A106, 9A108 AND 9A120.U.K.
a.

Cryogenic refrigerators, flightweight dewars, cryogenic heat pipes or cryogenic systems, specially designed for use in space vehicles and capable of restricting cryogenic fluid losses to less than 30 % per year;

b.

Cryogenic containers or closed-cycle refrigeration systems, capable of providing temperatures of 100 K (– 173 °C) or less for "aircraft" capable of sustained flight at speeds exceeding Mach 3, launch vehicles or "spacecraft";

c.

Slush hydrogen storage or transfer systems;

d.

High pressure (exceeding 17,5 MPa) turbo pumps, pump components or their associated gas generator or expander cycle turbine drive systems;

e.

High-pressure (exceeding 10,6 MPa) thrust chambers and nozzles therefor;

f.

Propellant storage systems using the principle of capillary containment or positive expulsion (i.e., with flexible bladders);

g.

Liquid propellant injectors with individual orifices of 0,381 mm or smaller in diameter (an area of 1,14 × 10–3 cm2 or smaller for non-circular orifices) and specially designed for liquid rocket engines;

h.

One-piece carbon-carbon thrust chambers or one-piece carbon-carbon exit cones, with densities exceeding 1,4 g/cm3 and tensile strengths exceeding 48 MPa.

[9A007] Solid rocket propulsion systems having any of the following:

NB:SEE ALSO 9A107 AND 9A119.U.K.
a.

Total impulse capacity exceeding 1,1 MNs;

b.

Specific impulse of 2,4 kNs/kg or more, when the nozzle flow is expanded to ambient sea level conditions for an adjusted chamber pressure of 7 MPa;

c.

Stage mass fractions exceeding 88 % and propellant solid loadings exceeding 86 %;

d.

Components specified in 9A008; or

e.

Insulation and propellant bonding systems, using direct-bonded motor designs to provide a ‘strong mechanical bond’ or a barrier to chemical migration between the solid propellant and case insulation material.

Technical Note:U.K.

‘Strong mechanical bond’ means bond strength equal to or more than propellant strength.

[9A008] Components specially designed for solid rocket propulsion systems, as follows:

NB:SEE ALSO 9A108.U.K.
a.

Insulation and propellant bonding systems, using liners to provide a ‘strong mechanical bond’ or a barrier to chemical migration between the solid propellant and case insulation material;

Technical Note:U.K.

‘Strong mechanical bond’ means bond strength equal to or more than propellant strength.

b.

Filament-wound "composite" motor cases exceeding 0,61 m in diameter or having ‘structural efficiency ratios (PV/W)’ exceeding 25 km;

Technical Note:U.K.

‘Structural efficiency ratio (PV/W)’ is the burst pressure (P) multiplied by the vessel volume (V) divided by the total pressure vessel weight (W).

c.

Nozzles with thrust levels exceeding 45 kN or nozzle throat erosion rates of less than 0,075 mm/s;

d.

Movable nozzle or secondary fluid injection thrust vector control systems, capable of any of the following:

1.

Omni-axial movement exceeding ± 5°;

2.

Angular vector rotations of 20°/s or more; or

3.

Angular vector accelerations of 40°/s2 or more.

[9A009] Hybrid rocket propulsion systems having any of the following:

NB:SEE ALSO 9A109 AND 9A119.U.K.
a.

Total impulse capacity exceeding 1,1 MNs; or

b.

Thrust levels exceeding 220 kN in vacuum exit conditions.

[9A010] Specially designed components, systems and structures, for launch vehicles, launch vehicle propulsion systems or "spacecraft", as follows:

NB:SEE ALSO 1A002 AND 9A110.U.K.
a.

Components and structures, each exceeding 10 kg and specially designed for launch vehicles manufactured using any of the following:

1.

"Composite" materials consisting of "fibrous or filamentary materials" specified in 1C010.e. and resins specified in 1C008 or 1C009.b.;

2.

Metal "matrix""composites" reinforced by any of the following:

a.

Materials specified in 1C007;

b.

"Fibrous or filamentary materials" specified in 1C010; or

c.

Aluminides specified in 1C002.a.; or

3.

Ceramic "matrix""composite" materials specified in 1C007;

Note:The weight cut-off is not relevant for nose cones.U.K.
b.

Components and structures, specially designed for launch vehicle propulsion systems specified in 9A005 to 9A009 manufactured using any of the following:

1.

"Fibrous or filamentary materials" specified in 1C010.e. and resins specified in 1C008 or 1C009.b.;

2.

Metal "matrix""composites" reinforced by any of the following:

a.

Materials specified in 1C007;

b.

"Fibrous or filamentary materials" specified in 1C010; or

c.

Aluminides specified in 1C002.a.; or

3.

Ceramic "matrix""composite" materials specified in 1C007;

c.

Structural components and isolation systems, specially designed to control actively the dynamic response or distortion of "spacecraft" structures;

d.

Pulsed liquid rocket engines with thrust-to-weight ratios equal to or more than 1 kN/kg and a ‘response time’ of less than 30 ms.

Technical Note:U.K.

For the purposes of 9A010.d., ‘response time’ is the time required to achieve 90 % of total rated thrust from start-up.

[9A011] Ramjet, scramjet or ‘combined cycle engines’, and specially designed components therefor.

NB:SEE ALSO 9A111 AND 9A118.U.K.
Technical Note:U.K.

For the purposes of 9A011, ‘combined cycle engines’ combine two or more of the following types of engines:U.K.

  • Gas turbine engine (turbojet, turboprop and turbofan);

  • Ramjet or scramjet;

  • Rocket motor or engine (liquid/gel/solid-propellant and hybrid).

[9A012] "Unmanned aerial vehicles" ("UAVs"), unmanned "airships", related equipment and components, as follows:

NB: 1SEE ALSO 9A112.U.K.
NB: 2For "UAVs" that are "sub-orbital craft", see 9A004.h.U.K.
a.

"UAVs" or unmanned "airships", designed to have controlled flight out of the direct ‘natural vision’ of the ‘operator’ and having any of the following:

1.

Having all of the following:

a.

A maximum ‘endurance’ greater than or equal to 30 minutes but less than 1 hour; and

b.

Designed to take-off and have stable controlled flight in wind gusts equal to or exceeding 46,3 km/h (25 knots); or

2.

A maximum ‘endurance’ of 1 hour or greater;

Technical Notes:U.K.
1.For the purposes of 9A012.a., ‘operator’ is a person who initiates or commands the "UAV" or unmanned "airship" flight.U.K.
2.For the purposes of 9A012.a., ‘endurance’ is to be calculated for ISA conditions (ISO 2533:1975) at sea level in zero wind.U.K.
3.For the purposes of 9A012.a., ‘natural vision’ means unaided human sight, with or without corrective lenses.U.K.
b.

Related equipment and components, as follows:

1.

Not used;

2.

Not used;

3.

Equipment or components, specially designed to convert a manned "aircraft" or manned "airship", to a "UAV" or unmanned "airship", specified in 9A012.a.;

4.

Air breathing reciprocating or rotary internal combustion type engines, specially designed or modified to propel "UAVs" or unmanned "airships", at altitudes above 15 240 metres (50 000 feet).

[9A101] Turbojet and turbofan engines, other than those specified in 9A001, as follows;

a.

Engines having all of the following characteristics:

1.

‘Maximum thrust value’ greater than 400 N excluding civil certified engines with a ‘maximum thrust value’ greater than 8 890 N;

2.

Specific fuel consumption of 0,15 kg N–1 h–1 or less;

3.

‘Dry weight’ less than 750 kg; and

4.

‘First-stage rotor diameter’ less than 1 m;

Technical Notes:U.K.
1.For the purpose of 9A101.a.1., ‘maximum thrust value’ is the manufacturer’s demonstrated maximum thrust for the engine type un-installed at sea level static conditions using the ICAO standard atmosphere. The civil type certified thrust value will be equal to or less than the manufacturer’s demonstrated maximum thrust for the engine type un-installed.U.K.
2.Specific fuel consumption is determined at maximum continuous thrust for engine type un-installed at sea level static conditions using the ICAO standard atmosphere.U.K.
3.‘Dry weight’ is the weight of the engine without fluids (fuel, hydraulic fluid, oil, etc.) and does not include the nacelle (housing).U.K.
4.‘First-stage rotor diameter’ is the diameter of the first rotating stage of the engine, whether a fan or compressor, measured at the leading edge of the blade tips.U.K.
b.

Engines designed or modified for use in "missiles" or unmanned aerial vehicles specified in 9A012 or 9A112.a.

[9A102] ‘Turboprop engine systems’ specially designed for unmanned aerial vehicles specified in 9A012 or 9A112.a., and specially designed components therefor, having a ‘maximum power’ greater than 10 kW.

Note:9A102 does not control civil certified engines.U.K.
Technical Notes:U.K.
1.For the purposes of 9A102, a ‘turboprop engine system’ incorporates all of the following:U.K.
a.

Turboshaft engine; and

b.

Power transmission system to transfer the power to a propeller.

2.For the purposes of 9A102, the ‘maximum power’ is achieved un-installed at sea level static conditions using ICAO standard atmosphere.U.K.

[9A104] Sounding rockets, capable of a range of at least 300 km.

NB:SEE ALSO 9A004.U.K.

[9A105] Liquid propellant rocket engines or gel propellant rocket motors, as follows:

NB:SEE ALSO 9A119.U.K.
a.

Liquid propellant rocket engines or gel propellant rocket motors, usable in "missiles", other than those specified in 9A005, integrated, or designed or modified to be integrated, into a liquid propellant or gel propellant propulsion system which has a total impulse capacity equal to or greater than 1,1 MNs;

b.

Liquid propellant rocket engines or gel propellant rocket motors, usable in complete rocket systems or unmanned aerial vehicles, capable of a range of 300 km, other than those specified in 9A005 or 9A105.a., integrated, or designed or modified to be integrated, into a liquid propellant or gel propellant propulsion system which has a total impulse capacity equal to or greater than 0,841 MNs.

[9A106] Systems or components, other than those specified in 9A006 as follows, specially designed for liquid rocket propulsion or gel propellant rocket systems:

a.

Not used;

b.

Not used;

c.

Thrust vector control sub-systems, usable in "missiles";

Technical Note:U.K.

Examples of methods of achieving thrust vector control specified in 9A106.c. are:U.K.

1.

Flexible nozzle;

2.

Fluid or secondary gas injection;

3.

Movable engine or nozzle;

4.

Deflection of exhaust gas stream (jet vanes or probes); or

5.

Thrust tabs.

d.

Liquid, slurry and gel propellant (including oxidisers) control systems, and specially designed components therefor, usable in "missiles", designed or modified to operate in vibration environments greater than 10 g rms between 20 Hz and 2 kHz;

Note:The only servo valves, pumps and gas turbines specified in 9A106.d., are the following:U.K.
a.

Servo valves designed for flow rates equal to or greater than 24 litres per minute, at an absolute pressure equal to or greater than 7 MPa, that have an actuator response time of less than 100 ms;

b.

Pumps, for liquid propellants, with shaft speeds equal to or greater than 8 000 r.p.m. at a maximum operating mode or with discharge pressures equal to or greater than 7 MPa;

c.

Gas turbines, for liquid propellant turbopumps, with shaft speeds equal to or greater than 8 000 r.p.m. at the maximum operating mode.

e.

Combustion chambers and nozzles for liquid propellant rocket engines or gel propellant rocket motors specified in 9A005 or 9A105.

[9A107] Solid propellant rocket motors, usable in complete rocket systems or unmanned aerial vehicles, capable of a range of 300 km, other than those specified in 9A007, having total impulse capacity equal to or greater than 0,841 MNs.

NB:SEE ALSO 9A119.U.K.

[9A108] Components, other than those specified in 9A008, as follows, specially designed for solid and hybrid rocket propulsion systems:

a.

Rocket motor cases and "insulation" components therefor, usable in subsystems specified in 9A007, 9A009, 9A107 or 9A109.a.;

b.

Rocket nozzles, usable in subsystems specified in 9A007, 9A009, 9A107 or 9A109.a.;

c.

Thrust vector control sub-systems, usable in "missiles".

Technical Note:U.K.

Examples of methods of achieving thrust vector control specified in 9A108.c. are:

1.

Flexible nozzle;

2.

Fluid or secondary gas injection;

3.

Movable engine or nozzle;

4.

Deflection of exhaust gas stream (jet vanes or probes); or

5.

Thrust tabs.

[9A109] Hybrid rocket motors and specially designed components as follows:

a.

Hybrid rocket motors usable in complete rocket systems or unmanned aerial vehicles, capable of 300 km, other than those specified in 9A009, having a total impulse capacity equal to or greater than 0,841 MNs, and specially designed components therefor;

b.

Specially designed components for hybrid rocket motors specified in 9A009 that are usable in "missiles".

NB:SEE ALSO 9A009 AND 9A119.U.K.

[9A110] Composite structures, laminates and manufactures thereof, other than those specified in 9A010, specially designed for use in ‘missiles’ or the subsystems specified in 9A005, 9A007, 9A105, 9A106.c., 9A107, 9A108.c., 9A116 or 9A119.

NB:SEE ALSO 1A002.U.K.
Technical Note:U.K.

In 9A110 ‘missile’ means complete rocket systems and unmanned aerial vehicle systems capable of a range exceeding 300 km.

[9A111] Pulse jet or detonation engines, usable in "missiles" or unmanned aerial vehicles specified in 9A012 or 9A112.a., and specially designed components therefor.

NB:SEE ALSO 9A011 AND 9A118.U.K.
Technical Note:U.K.

In 9A111 detonation engines utilise detonation to produce a rise in effective pressure across the combustion chamber. Examples of detonation engines include pulse detonation engines, rotating detonation engines or continuous wave detonation engines.

[9A112] "Unmanned aerial vehicles" ("UAVs"), other than those specified in 9A012, as follows:

a.

"Unmanned aerial vehicles" ("UAVs") capable of a range of 300 km;

b.

"Unmanned aerial vehicles" ("UAVs") having all of the following:

1.

Having any of the following:

a.

An autonomous flight control and navigation capability; or

b.

Capability of controlled flight out of the direct vision range involving a human operator; and

2.

Having any of the following:

a.

Incorporating an aerosol dispensing system/mechanism with a capacity greater than 20 litres; or

b.

Designed or modified to incorporate an aerosol dispensing system/mechanism with a capacity greater than 20 litres.

Technical Notes:U.K.
1.An aerosol consists of particulate or liquids other than fuel components, by products or additives, as part of the payload to be dispersed in the atmosphere. Examples of aerosols include pesticides for crop dusting and dry chemicals for cloud seeding.U.K.
2.An aerosol dispensing system/mechanism contains all those devices (mechanical, electrical, hydraulic, etc.), which are necessary for storage and dispersion of an aerosol into the atmosphere. This includes the possibility of aerosol injection into the combustion exhaust vapour and into the propeller slip stream.U.K.

[9A115] Launch support equipment as follows:

a.

Apparatus and devices for handling, control, activation or launching, designed or modified for space launch vehicles specified in 9A004, sounding rockets specified in 9A104 or ‘missiles’;

Technical Note:U.K.

In 9A115.a. ‘missile’ means complete rocket systems and unmanned aerial vehicle systems capable of a range exceeding 300 km.

b.

Vehicles for transport, handling, control, activation or launching, designed or modified for space launch vehicles specified in 9A004, sounding rockets specified in 9A104 or "missiles".

[9A116] Reentry vehicles, usable in "missiles", and equipment designed or modified therefor, as follows:

a.

Reentry vehicles;

b.

Heat shields and components therefor, fabricated of ceramic or ablative materials;

c.

Heat sinks and components therefor, fabricated of light-weight, high heat capacity materials;

d.

Electronic equipment specially designed for reentry vehicles.

[9A117] Staging mechanisms, separation mechanisms, and interstages, usable in "missiles".

NB:SEE ALSO 9A121.U.K.

[9A118] Devices to regulate combustion usable in engines, which are usable in "missiles" or unmanned aerial vehicles specified in 9A012 or 9A112.a., specified in 9A011 or 9A111.

[9A119] Individual rocket stages, usable in complete rocket systems or unmanned aerial vehicles, capable of a range of 300 km, other than those specified in 9A005, 9A007, 9A009, 9A105, 9A107 and 9A109.

[9A120] Liquid or gel propellant tanks, other than those specified in 9A006, specially designed for propellants specified in 1C111 or ‘other liquid or gel propellants’ used in rocket systems capable of delivering at least a 500 kg payload to a range of at least 300 km.

Note:In 9A120 ‘other liquid or gel propellants’ includes, but is not limited to, propellants specified in THE MILITARY GOODS CONTROLS.U.K.

[9A121] Umbilical and interstage electrical connectors specially designed for "missiles", space launch vehicles specified in 9A004 or sounding rockets specified in 9A104.

Technical Note:U.K.

Interstage connectors referred to in 9A121 also include electrical connectors installed between the "missile", space launch vehicle or sounding rocket and their payload.

[9A350] Spraying or fogging systems, specially designed or modified for fitting to aircraft, "lighter-than-air vehicles" or unmanned aerial vehicles, and specially designed components therefor, as follows:

a.

Complete spraying or fogging systems capable of delivering, from a liquid suspension, an initial droplet ‘VMD’ of less than 50 μm at a flow rate of greater than two litres per minute;

b.

Spray booms or arrays of aerosol generating units capable of delivering, from a liquid suspension, an initial droplet ‘VMD’ of less than 50 μm at a flow rate of greater than two litres per minute;

c.

Aerosol generating units specially designed for fitting to systems specified in 9A350.a. and.b.

Note:Aerosol generating units are devices specially designed or modified for fitting to aircraft such as nozzles, rotary drum atomizers and similar devices.U.K.
Note:9A350 does not control spraying or fogging systems and components that are demonstrated not to be capable of delivering biological agents in the form of infectious aerosols.U.K.
Technical Notes:U.K.
1.Droplet size for spray equipment or nozzles specially designed for use on aircraft, "lighter-than-air vehicles" or unmanned aerial vehicles should be measured using either of the following:U.K.
a.

Doppler laser method;

b.

Forward laser diffraction method.

2.In 9A350 ‘VMD’ means Volume Median Diameter and for water-based systems this equates to Mass Median Diameter (MMD).]U.K.

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