The Dual-Use Items (Export Control) Regulations 2000 (revoked)

Interpretation U.K.

2.—(1) In these Regulations:

• “the 1994 Order" means the Export of Goods (Control) Order 1994 M1 ;

• “the Commissioners" means the Commissioners of Customs and Excise;

• “the Community General Export Authorisation" means the export authorisation constituted by Article 6(1) and Annex II;

• “Community Licence" means an authorisation granted (whether before or after commencement of these Regulations) under the Regulation or Council Regulation (EC) No. 3381/94 of 19th December 1994 M2 by a competent authority for the export of dual-use items from the European Community;

• “competent authority" means the Secretary of State or any authority empowered by another Member State to grant export authorisations for dual-use items under the Regulation;

• “country" includes territory;

• “export", unless the context otherwise requires, means export from the United Kingdom, including—

  (a)

  export to a destination within the customs territory of the European Community, and

  (b)

  the transmission of software or technology by fax, telephone or other electronic media (except that oral transmission of technology by telephone is included only where the technology is contained in a document the relevant part of which is read out over the telephone, or is described over the telephone in such a way as to achieve substantially the same result as if it had been so read);

• and “exporter" and other cognate expressions shall be construed accordingly (except that where the export is to a destination outside the customs territory of the European Community, “exporter" has the same meaning as in the definition in Article 2(c), to the extent that that definition applies);

• “import" and “export" in relation to a vessel, submersible vehicle or aircraft includes the taking into or out of the United Kingdom of the vessel, submersible vehicle or aircraft notwithstanding that the vessel, submersible vehicle or aircraft is conveying goods or passengers, and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;

• “items" means both used and unused items;

• “items in transit" means—

  (a)

  items which only pass through the territory of the Community within the meaning of Article 3(4), and

  (b)

  items being exported to another Member State which are not being transferred from the United Kingdom to that other Member State within the meaning of Article 21;

• “normal commercial journey" means a journey providing transport services in the ordinary course of business;

• “proper" has the same meaning as in the Customs and Excise Management Act 1979 M3 ;

• “the Regulation" means Council Regulation (EC) No. 1334/2000 of 22nd June 2000 [F1 as amended by Council Regulation (EC) No. 2889/2000 of 22 December 2000 and Council Regulation (EC) No. 458/2001 of 6 March 2001 ] setting up a Community regime for the control of exports of dual-use items and technology M4 ; and any reference to a numbered Article or Annex is to the article in, or Annex to, the Regulation so numbered;

• “scheduled journey" means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such manner that its benefits are available to members of the public from time to time seeking to take advantage of it;

• “surface effect vehicle" means any air cushion vehicle (whether side wall or skirted) and any vehicle using the wing-in-ground effect for positive lift;

• “vessel" includes any ship, surface effect vehicle, vessel of small waterplane area or hydrofoil, and the hull or part of the hull of a vessel.

(2) Any reference in these Regulations to time after an event is a reference to a period of that length of time beginning on the day after that event.

(3) In these Regulations, except where the context otherwise requires, any reference to:

(a) a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations which is so numbered;

(b) a numbered paragraph or sub-paragraph is to the paragraph or sub-paragraph which is so numbered in the regulation, Schedule or paragraph where the reference occurs.

(4) Except where these Regulations otherwise provide, expressions used in the Regulation which are also used in these Regulations have the same meaning in these Regulations as they have in the Regulation.

Textual Amendments

F1 Words in reg. 2 inserted (26.4.2001) by The Dual-Use Items (Export Control) (Amendment) Regulations 2001 (S.I. 2001/1344), regs. 1, 2

Marginal Citations

M1 S.I. 1994/1191 as amended by S.I. 1994/1632 and 2711, 1996/2663, 1997/323, 1008, 2464 and 2758 1999/63, 335, 1777, 2610 and 3411, 2000/109 and 1239.

M2 O.J. No. L367, 31.12.94, p. 1.

M3 1979 c. 2.

M4 O.J. No. L159, 30.6.00, p. 1.