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4.—(1) The Export Control Order 2008(1) is amended as follows.
(2) In the following provisions for “retained” substitute “assimilated”—
(a)article 2(1)—
(i)in the definition of “the dual-use Regulation”, in paragraph (a);
(ii)in the definition of “general export authorisation”, in paragraph (a) (in each place it occurs).
(b)article 8(2)(a) and (b);
(c)article 26(4)(a);
(d)article 28(3)(a);
(e)article 31(1) and (2)(b);
(f)article 32(2);
(g)article 35(1), (2)(a) and (b), (4), (6) and (7) and in the heading;
(h)article 40(1)(b)(i) and (2);
(i)article 43(1)(b).
(3) In article 2(1), omit the definition of “the retained dual-use Regulation”.
(4) In article 2(1), before the definition of “category A goods” insert—
““the assimilated 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);”
S.I. 2008/3231; articles 2(1), in the definition of “the dual-use Regulation” in paragraph (a), in the definition of “general export authorisation” in paragraph (a) and in the definition of “the retained dual-use Regulation”, 28(3)(a) and 40(1)(b)(i) were amended by S.I. 2022/1300, articles 8(2)(a) and (b), 26(4)(a), 35(1) and (4) and 40(2) were amended by S.I. 2019/137 and S.I. 2022/1300, article 31(1) and (2)(b) was amended by S.I. 2017/85, S.I. 2022/1300 and S.I. 2009/2151, article 32(2) was amended by S.I. 2009/2151, S.I. 2022/1300 and S.I. 2020/1502, article 35(2)(a) and (b) was amended by S.I. 2022/1300, S.I. 2009/2051, S.I. 2019/137 and S.I. 2009/1305, article 35(6) was amended by S.I. 2022/1300 and S.I. 2009/2151, article 35(7) was amended by S.I. 2009/2151 and S.I. 2019/137, article 43(1)(b) was amended by S.I. 2019/137 and S.I. 2011/1043.
EUR 2009/428; amended by S.I. 2019/771. There is another amending instrument but it is not relevant.
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