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Regulation 5 Transitional provision relating to Council Regulation (EC) No 428/2009

Original text. Later amendments are not shown.

(1)

A pre-exit global export authorisation which had effect immediately before exit day continues to have effect on and after exit day as if it were a retained global export authorisation.

(2)

A person registered to use a Union general export authorisation immediately before exit day is to be treated on and after exit day as being registered to use the corresponding retained general export authorisation.

(3)

A person registered to use a pre-exit national general export authorisation immediately before exit day is treated on and after exit day as being registered to use a retained national general export authorisation.

(4)

A pre-exit authorisation for brokering services which had effect immediately before exit day continues to have effect on and after exit day as if it were a retained authorisation for brokering services.

(5)

A pre-exit individual export authorisation which had effect immediately before exit day continues to have effect on and after exit day as if it were a retained individual export authorisation.

(6)

An application for an authorisation for a pre-exit individual export authorisation or a pre-exit global export authorisation which is made but not determined or withdrawn before exit day is to be treated on and after exit day as an application for a retained individual export authorisation or, as the case may be, a retained global export authorisation.

(7)

Where a person’s appeal under article 33(5) of the Export Control Order 2008 against a decision of the Secretary of State to suspend, revoke, amend or not grant a relevant pre-exit export authorisation is decided in favour of the person on or after exit day, the relevant pre-exit export authorisation has effect from the time at which the appeal was decided as if it were the corresponding retained export authorisation.

(8)

In this regulation—

  • “corresponding retained export authorisation” means—

    1. (a)

      in relation to a pre-exit individual export authorisation, a retained individual export authorisation; and

    2. (b)

      in relation to a pre-exit global export authorisation, a retained global export authorisation;

  • “EU Dual-Use Regulation” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transfer, brokering and transit of dual-use items as it had effect immediately before exit day;

  • “pre-exit authorisation for brokering services” means an authorisation granted by the Secretary of State before exit day under Article 10 of the EU Dual-Use Regulation;

  • “pre-exit global export authorisation” means an export authorisation within the meaning given by Article 2(10) of the EU Dual-Use Regulation granted by the Secretary of State before exit day under article 26(4) of the Export Control Order 2008;

  • “pre-exit individual export authorisation” means an export authorisation within the meaning given by Article 2(10) of the EU Dual-Use Regulation granted by the Secretary of State before exit day under article 26(4) of the Export Control Order 2008;

  • “pre-exit national general export authorisation” means an export authorisation within the meaning given by Article 2(11) of the EU Dual-Use Regulation granted by the Secretary of State before exit day under article 26(4) of the Export Control Order 2008;

  • “relevant pre-exit export authorisation” means a pre-exit individual export authorisation or a pre-exit global export authorisation;

  • “retained Dual-Use Regulation” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transfer, brokering and transit of dual-use items as forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

  • “retained general export authorisation” means an export authorisation established under Article 9(1) of the retained Dual-Use Regulation;

  • “retained global export authorisation” means an export authorisation by Article 2(10) of the retained Dual-Use Regulation granted by the Secretary of State on or after exit day under article 26(4) of the Export Control Order 2008;

  • “retained individual export authorisation” means an export authorisation within the meaning given by Article 2(10) of the retained Dual-Use Regulation granted by the Secretary of State on or after exit day under article 26(4) of the Export Control Order 2008;

  • “retained national general export authorisation” means an export authorisation within the meaning given by Article 2(11) of the retained Dual-Use Regulation granted by the Secretary of State on or after exit day under article 26(4) of the Export Control Order 2008;

  • “Union general export authorisation” means an export authorisation established under Article 9(1) of the EU Dual-Use Regulation.