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The Export Control Order 2008
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[F1Exception in relation to Northern Ireland: European firearms pass holdersU.K.
This section has no associated Explanatory Memorandum
42K.—(1) Articles 3 (military goods, etc.) and 4 (movement of UK controlled dual-use goods, etc. to certain destinations) do not apply in relation to a person who exports a firearm from Northern Ireland to a member State if—
(a)the firearm is a part of the personal effects of the person;
(b)the person is in possession of—
(i)a European firearms pass issued to the person under section 32A of the Firearms Act 1968; or
(ii)a document that has been issued to the person under the provisions of the law of a member State corresponding to the provisions of that section; and
(c)paragraph (2) or (3) applies.
(2) This paragraph applies if the person, on request, satisfies the appropriate officer of Revenue and Customs at the place of export that—
(a)the exportation of the firearm is necessary to enable the person to participate in one of the activities specified in [F2Article 17(2)] of the EU firearms Directive (hunting, target shooting, and re-enactment activities);
(b)the firearm is within the category of firearms appropriate to that activity in accordance with that Article; and
(c)the export or passage of the firearm is not to or through a member State that prohibits or requires an authorisation for the acquisition or possession of the firearm.
(3) This paragraph applies if the document referred to in paragraph (1)(b)(ii) contains authorisation for the possession of the firearm issued by—
(i)the destination member State; and
(ii)any other member State through which the person who possesses the firearm intends to pass through on the way to that destination member State.
(4) In this article, “the EU firearms Directive” means [F3Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021 on control of the acquisition and possession of weapons (codification)] as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.]
Textual Amendments
F1Pt. 6A inserted (31.12.2020) by S.I. 2019/137, regs. 1, 4(28B) (as inserted by The Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502), regs. 2(3), 7(9) (as amended by The Export Control (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1510), regs. 1, 2)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in art. 42K(2)(a) substituted (7.12.2022) by The Export Control (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1300), regs. 1(1), 12(a)
F3Words in art. 42K(4) substituted (7.12.2022) by The Export Control (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1300), regs. 1(1), 12(b)
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