The Dual-Use and Related Goods (Export Control) (Amendment) Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

The Dual-Use and Related Goods (Export Control) Regulations 1996 (the “ principal Regulations”), made in implementation of and pursuant to Council Regulation (EC) No. 3381/94 on the control of exports of dual-use goods (OJ No. L367, 31.12.94, p. 1), contain references to Council Decision No. 94/942/CFSP on the joint action adopted by the Council of the European Union on the basis of Article J.3 of the Treaty on the European Union (now, after amendment, Article 13: Articles J to J.11 of the Treaty of European Union have been replaced by Articles 11 EU to 28 EU) concerning the control of exports on dual use goods (OJ No. L367, 31.12.94, p. 8), amended by Council Decision No. 99/193/CFSP (OJ No. L73, 19.3.99). Council Decision No. 99/193/CFSP has now itself been amended by Council Decision No. 2000/243/CFSP (OJ No. L82, 1.4.00, p. 1).

Regulation 2 amends the principal Regulations so that references to Decision 94/942/CFSP are to that Decision as amended by Decision No. 99/193/CFSP, itself amended by Council Decision No. 2000/243/CFSP.

Regulation 3(2)(a) removes national controls specified in Schedule 2 on the export of certain materials, chemicals, microorganisms or toxins, and, on the export of technology for the development, production or use of these, as the controls are now specified in Annex I of Council Decision No. 2000/243/CFSP, and

Regulation 3(2)(b) amends the list of chemicals specified in entry 1C950 of Schedule 2 of the principal Regulations.

Regulation 3(3) removes the prohibition on the export of specified goods to Libya. Regulation 3(2)(b) and Regulation 3(3) do not implement any new Community obligation but make amendments to a pre-existing national control which are permitted to remain in force by Article 5 of the EC Regulation (EC) No. 3381/94 as a matter of national discretion.