Amendment of the Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 20192

1

The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 are amended as follows.

2

For regulation 3(5)(f) substitute—

f

in paragraph 8, for the words from “the right” to the end substitute “Article 10 of Regulation (EU) 2015/479”.

3

For regulation 3(15) substitute—

15

For Article 15 (updating of list of dual-use items) substitute—

1

The Secretary of State may by regulations update the list of dual-use items set out in Annex I in conformity with the relevant obligations and commitments, and any modification thereof, that the United Kingdom has accepted as a member of the international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties.

2

Where the updating of Annex I under paragraph 1 concerns dual-use items which are also listed in Annexes IIa to IIg or IV, regulations under paragraph 1 may also make provision for updating Annexes IIa to IIg or IV.

4

After regulation 3(21) insert—

21A

After Article 28, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

5

For regulation 3(22)(h)(ii) substitute—

ii

in paragraph 9A003.b, for “either non- EU Member States or Wassenaar” substitute “non-Wassenaar”;

6

For regulation 3(32) substitute—

32

In Annex IV (items of stealth technology, strategic control, cryptography etc.)—

a

in the words before Part I, omit “(List referred to in Article 22(1) of this Regulation)”;

b

in Part I, in the words before the first table, omit “(possibility of National General Authorisation for intra-Community trade)”;

c

in Part I, in the heading to the second table, omit “the Community”;

d

in Part I, in the heading to the third table, omit “the Community”;

e

in Part I, in the section headed “Exemptions”—

i

in the words before paragraph (1), for “control” substitute “apply to”;

ii

in paragraph (2), for “a Member State’s” substitute “the United Kingdom’s”;

iii

in paragraph (3), for “Community” substitute “United Kingdom” and for “two” substitute “the United Kingdom and one”;

iv

omit paragraph (4);

f

in Part II, in the words before the first table, omit “(no National General Authorisation for intra-Community trade)”.

7

After regulation 4(17) insert—

17A

After Article 22, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.