The Export Control (Amendment) (No. 2) Order 2015

Amendments to the Export Control Order 2008

2.—(1) The Export Control Order 2008(1) is amended as follows.

(2) In article 4(1), for “Subject to articles 13, 14, 17, 18 and 26” substitute “Subject to articles 13, 14, 15, 16, 17, 18 and 26”.

(3) In article 15(1), for “Nothing in article 3” substitute “Nothing in article 3 or 4”.

(4) In article 16—

(a) in paragraph (2), for “nothing in article 3” substitute “nothing in article 3 or 4”;

(b) in paragraph (3)(b), at the beginning, add “in the circumstances specified in Article 9(1)(a) (temporary export or re-export by hunters and sport shooters) of Council Regulation (EU) No 258/2012(2),”.

(5) In Schedule 1, Part 2 (Category B goods), after paragraph 10, insert—

“Non-military Firearms

10A.   Firearms, their parts and essential components and ammunition specified in entry PL9010 in Schedule 3.”

(6) In Schedule 2 (Military goods, software and technology)—

(a) before the Note at the beginning of entry ML1, insert “N.B. Non-military firearms are controlled in PL9010 in Schedule 3.”;

(b) before entry a. in entry ML2, insert “N.B. Non-military firearms are controlled in PL9010 in Schedule 3.”;

(c) before entry a. in entry ML3, insert “N.B. Non-military firearms are controlled PL9010 in Schedule 3.”;

(d) in entry ML7.c.—

(i) in entry 3., for “Q-Isopropyl” substitute “O-Isopropyl”;

(ii) in entry 4., for “Chlorosoman O-Pinacolyl” substitute “Chlorosoman: O-Pinacolyl”;

(e) in entry ML8—

(i) in entry a.16.c., for “1-fluroro-2,4-dinitroimidazole” substitute “1-fluoro-2,4-dinitroimidazole”;

(ii) in entry a.21., for “RDA” substitute “RDX”;

(iii) in entry a.22., for “trianimoguanidinenitrate” substitute “triaminoguanidinenitrate”;

(iv) in entry b.7., for “Propellemts” substitute “Propellants”;

(v) in Note 3 to entry c.5., for “allows” substitute “alloys”;

(vi) in entry c.9., for “TiHn” substitute “TiH_n”;

(vii) in entry e.12., for “pydroxyl” substitute “hydroxyl”;

(viii) in entry e.13.a., for “Poly(epichlorohydrin)” substitute “Poly(epichlorohydrindiol)”;

(ix) in entry e.13.b., for “Poly(epichlorohydrindiol)” substitute “Poly(epichlorohydrintriol)”;

(f) for entry ML13.b., substitute—

“b.

Constructions of metallic or non-metallic materials, or combinations thereof, specially designed to provide ballistic protection for military systems, and specially designed components therefor;”.

(7) In Schedule 3 (UK controlled dual-use goods, software and technology)—

(a) before the definition of “development”, insert—

““ammunition” means the complete round or the components thereof, including cartridge cases, primers, propellant powder, bullets or projectiles that are used in a “firearm”;”

(b) after the definition of “energetic materials”, insert—

““essential components” means the breech-closing mechanism, the chamber and the barrel of a “firearm”, which, being separate objects, are included in the category of the “firearms” on which they are or are intended to be mounted;”

(c) after the definition of “explosives”, insert—

““firearm” means any portable barrelled weapon that expels, is designed to expel or may be converted to expel, a short, bullet or projectile by the action of a combustible propellant;”

(d) after the definition of “lighter-than-air vehicles”, insert—

““parts” means any element or replacement element as referred to specifically designed for a “firearm” and essential to its operation, including a barrel, frame or received, slide or cylinder, bolt or breech block, and any device designed or adopted to diminish the sound caused by firing a “firearm”;

(e) after entry PL9009, insert—

“Firearms
N.B.      Military firearms and ammunition are controlled in ML1, ML2 and ML3 in Schedule 2.
PL9010		The export of “firearms”, their “parts” and “essential components” and “ammunition”, as follows is prohibited to any destination:
	a.			Semi-automatic or repeating short “firearms”;
	b.			Single-shot short “firearms” with centre-fire percussion;
	c.			Single-shot short “firearms” with rimfire percussion whose overall length is less than 28 cm;
	d.			Semi-automatic long “firearms” whose magazine and chamber can together hold more than three rounds;
	e.			Semi-automatic long “firearms” whose magazine and chamber cannot together hold more than three rounds, where the loading device is removable or where it is not certain that the weapon cannot be converted, with ordinary tools, into a weapon whose magazine and chamber can together hold more than three rounds;
	f.			Repeating and semi-automatic long “firearms” with smooth-bore barrels not exceeding 60 cm in length;
	g.			Semi-automatic “firearms” for civilian use which resemble weapons with automatic mechanisms;
	h.			Repeating long “firearms” other than those listed in PL9010.f.;
	i			Long “firearms” with single-shot rifled barrels;
	j.			Semi-automatic long “firearms” other than those in PL9010.d. to g.;
	k.			Single-shot short “firearms” with rimfire percussion whose overall length is not less than 28 cm;
	l.			Single-shot long “firearms” with smooth-bore barrels;
	m.			“Parts” specifically designed for a “firearm” and essential to its operation, including a barrel, frame or receiver, slide or cylinder, bolt or breech block, and any device designed or adapted to diminish the sound caused by firing a “firearm”;
	n.			Any “essential component” of such “firearms”: the breech-closing mechanism, the chamber and the barrel of a “firearm” which, being separate objects, are included in the category of the “firearms” on which they are or are intended to be mounted;
	o.			“Ammunition:” the complete round or the components thereof, including cartridge cases, primers, propellant powder, bullets or projectiles, that are used in a “firearm”;
	p.			Collections and collectors’ pieces of historical interest;
	q.			Antiques of an age exceeding 100 years.
Notes:		PL9010 does not control:
	a.		“Firearms”, their “parts” and “ammunition”, and “essential components” therefor, specified in Schedule 2;
	b.		“Firearms” manufactured earlier than 1890, and reproductions thereof;
	c.		“Firearms” certified by a registered UK Proof House as having been rendered incapable of firing any “ammunition”;
	d.		“Firearms”, their “parts” and “essential components” and “ammunition” when destined for the armed forces, the police, or the public authorities of EU Member States.”

(1)

S.I. 2008/3231, relevant amending instruments are S.I. 2010/2007, S.I. 2012/1910, S.I. 2013/428, S.I. 2014/1069 and S.I. 2015/351.

(2)

OJ No. L 94, 30.3.2012, p.1.