The Export Control (Amendment) (No. 3) Order 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Schedule 2 to the Export Control Order 2008 (S.I. 2008/3231) (“the 2008 Order”), which schedule lists military goods, software and technology subject to export controls (“the UK list”). The content of the UK list reflects both domestic controls and an international export regime known as the Wassenaar Arrangement. This regime is given effect to in the European Union through the Common Military List (OJ L 88, 29.3.2007, p.58), adopted by the Council of the European Union on 19 March 2007 (“the CML”).

Most of the amendments to Schedule 2 to the 2008 Order are being made to implement Commission Directive (EU) 2017/433 of 7 March 2017 amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products (OJ L 70, 15.3.2017, p.1) (“the amending Directive”). Directive 2009/43/EC (OJ L 146, 10.6.2009, p.1) simplifies the terms and conditions of transfers within the European Union of defence-related products listed in the annex to that Directive, which annex corresponds to the CML. The CML was updated in 2016 and the amending Directive makes the necessary changes to the annex to Directive 2009/43/EC to bring it into line with the updated CML. The amendments being made to Schedule 2 to the 2008 Order which do not relate to the implementation of the amending Directive are those made by articles 2(2)(a), 2(2)(c), 2(2)(d), 2(10) and 2(12) of this Order.

An Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum and a transposition note are available from the Export Control Organisation, 3 Whitehall Place, London SW1A 2AW and, also, are published alongside the instrument on the www.legislation.gov.uk website. In addition, copies have been placed in the Libraries of both Houses of Parliament.