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

UK Statutory Instrument 2019 No. 771 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 1 April 2019
In force from: Not determined
Extent: Not stated
Subject: Corporate, financial services, company law, employment, charity, electoral and tax
Made under: Schedule 7 to, the European Union (Withdrawal) Act 2018

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (b), (c), (d) and (g) of subsection (2)) arising from the withdrawal of the United Kingdom from the European Union. Regulation 2 amends primary legislation. In particular regulation 2 amends and omits provisions of the Export Control Act 2002 (c.28) which will have no practical application once the United Kingdom has withdrawn from the EU. Regulation 2(2) omits the power to make provision in connection with any controls that may be imposed by a directly applicable EU provision on the exportation of goods. Regulation 2(3) omits the power to make provision in connection with any controls that may be imposed by a directly applicable EU provision on the transfer of technology. Regulation 2(4) omits the power to make provision in connection with technical assistance controls that may be imposed by a directly applicable EU provision. Regulation 2(5) omits the power to make provision in connection with trade controls that may be imposed by a directly applicable EU provision. Section 5 of the Export Control Act 2002 provides that there are no restrictions on the kinds of controls that may be imposed to give effect to international obligations and Regulation 2(6) makes amendments to remove obligations arising from the United Kingdom’s membership of the EU from the scope of international obligations in this context. Part 3 amends retained EU legislation. Regulation 3 makes amendments in relation to the control of exports, transfer, brokering and transit of “dual-use” items. Dual-use items are items which can be used for both civil and military purposes. In particular this regulation amends Council Regulation (EC) No 428/2009 of 5 May 2009, which set up a Community regime for the control of exports, transfer, brokering and transfer, brokering and transit of dual-use items. Regulation 4 makes amendments in relation to the illicit trafficking of firearms and in particular amends Regulation (EU) No 258/2012 of the European Parliament and of the Council implementing Article 10 of the United Nations Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition. Part 4 makes transitional provision. Regulation 5 does so in relation to Council Regulation (EC) No 428/2009 of 5 May 2009 and regulation 6 does so in relation to Regulation (EU) No 258/2012. An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Offences created by this instrument

In Article 11 (refusal, revocation etc. of an export authorisation)— a in paragraph 1, in the words before point (a),… regulation 4(10) · Status not determined · Strict liability
b in paragraph 1(a), for the words beginning with “listed in Article 2(2) to the end of the paragraph substitute… regulation 4(10)(b) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Draft Trade etc. in Dual-Use items and Firearms etc. (amendment) (EU Exit) Regulations 2019 Commons · General Committees · 25 March 2019
Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 Lords · Lords Chamber · 26 March 2019
Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) (No. 2) Regulations 2019 Commons · General Committees · 13 May 2019 · The Parliamentary Under-Secretary of State for International Trade (Graham Stuart)
I beg to move, That the Committee has considered the Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019, No. 806). It is a great pleasure to serve under your chairmanship, Mr Austin. I am pleased to be able to open this debate on the regulations, which were made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018. They correct errors in an earlier statutory instrument, the Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019, which, as some hon. Members may…
Export Control (Amendment) (EU Exit) Regulations 2020 Lords · Grand Committee · 2 December 2020 · The Minister of State, Department for Business, Energy and Industrial Strategy and Department for International Trade (Lord Grimstone of Boscobel) (Con)
My Lords, I am pleased to be able to open this debate. These regulations, which were laid before the House on 15 October, are necessary to ensure a functioning export control regime at the end of the transition period on 31 December this year. Their aim is to complete the process of transposing the existing system, which is reliant on European Union law, into purely UK law. At the same time, they implement certain EU regulations in Northern Ireland to the extent required by the Northern Ireland protocol. They do not make any change in export control policy. As noble Lords know, the European…
Draft Export Control (Amendment) (EU Exit) Regulations 2020 Commons · General Committees · 8 December 2020 · Mr Jayawardena
No, I will make progress. To make that work, the draft regulations amend existing legislation. First, they amend the Export Control Order 2008, which has been the centrepiece of domestic export control legislation since April 2009. Secondly, they amend two instruments: the Export Control (Amendment) (EU Exit) Regulations 2019 and the Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019, which were made last year in preparation for EU exit. In addition, they amend the draft Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations, which were debated here…
Draft Export Control (Amendment) (EU Exit) Regulations 2020 Commons · General Committees · 8 December 2020 · Mr Jayawardena
I will make a bit of progress. Some hon. Members will recall that this House has already debated and approved legislation to ensure that there is continued functioning of retained EU law in Britain in respect of export controls. The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 were debated here on 25 March 2019 and the Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) (No. 2) Regulations 2019 were debated here on 13 May 2019. Those new regulations are necessary because under the Northern Ireland protocol, which forms part of the…

How Parliament handled it

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