{
  "url": "https://openlegislation.uk/draft-trade-etc-in-dual-use-items-and-firearms-etc-amendment-eu-exit-regulations-2019/regulation-5",
  "json_url": "https://openlegislation.uk/draft-trade-etc-in-dual-use-items-and-firearms-etc-amendment-eu-exit-regulations-2019/regulation-5.json",
  "legislation": "ukdsi/2019/9780111182673",
  "legislation_title": "The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/draft-trade-etc-in-dual-use-items-and-firearms-etc-amendment-eu-exit-regulations-2019",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Transitional provision relating to Council Regulation (EC) No 428/2009",
  "text": "(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.\n(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.\n(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.\n(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.\n(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.\n(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pre-exit individual export authorisation or a pre-exit global export authorisation which is made but not determined or withdrawn before exit day is to be treated on and after exit day as an application for a retained individual export authorisation or, as the case may be, a retained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.\n(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.\n(8) In this regulation—\n“corresponding retained export authorisation” means—\n(a) in relation to a pre-exit individual export authorisation, a retained individual export authorisation; and\n(b) in relation to a pre-exit global export authorisation, a retained global export authorisation;\n“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;\n“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;\n“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;\n“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;\n“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;\n“relevant pre-exit export authorisation” means a pre-exit individual export authorisation or a pre-exit global export authorisation;\n“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;\n“retained general export authorisation” means an export authorisation established under Article 9(1) of the retained Dual-Use Regulation;\n“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;\n“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;\n“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;\n“Union general export authorisation” means an export authorisation established under Article 9(1) of the EU Dual-Use Regulation.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2019/9780111182673/regulation/5",
    "retrieved_at": "2026-10-30T15:00:08.873045+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}