The Export Control (Amendment) (EU Exit) Regulations 2022

Amendment of article 2 (interpretation)

3.  In article 2(1)—

(a) for the definition of “the dual-use Regulation”, substitute—

““the dual-use Regulation”, in relation to—

(a)

England and Wales and Scotland, means the retained dual-use Regulation;

(b)

Northern Ireland, means the EU dual-use Regulation;”;

(b) before the definition of “exportation”, insert—

““the EU dual-use Regulation” means Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)(1) as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;”;

(c) for the definition of “general export authorisation”, substitute—

““general export authorisation” means—

(a)

in relation to England and Wales and Scotland, a retained general export authorisation within the meaning given in Article 2(9) of the retained dual-use Regulation;

(b)

in relation to Northern Ireland, a Union general export authorisation within the meaning given in Article 2(15) of the EU dual-use Regulation;”;

(d) before the definition of “scheduled journey”, insert—

““the retained dual-use Regulation” means 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)(2);”.

(1)

OJ No. L 206, 11.6.2021, p. 1; relevant amending instruments are OJ No. L 3, 6.1.2022, p.1 and OJ No. L 130I, 4.5.2022, p.1.

(2)

EUR 2009/428; amended by S.I. 2019/771. There is another amending instrument but it is not relevant.