Regulation 3 Amendment of Council Regulation (EC) No 1236/2005

(1)

Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment is amended as follows.

(2)

In Article 1 (subject matter)—

(a)

omit “Union”;

(b)

for “third”, substitute “other”.

(3)

In Article 2 (definitions)—

(a)

in point (d) (definition of “export”)—

(i)

for “customs territory of the Union,”, substitute “United Kingdom to a destination outside of the United Kingdom or the Isle of Man,”;

(ii)

for the words from “of Regulation (EU) No 952/2013” to the end, substitute “given by section 100A(2) of the Customs and Excise Management Act 1979^f1;”;

(b)

in point (e) (definition of “import”)—

(i)

for “into the customs territory of the Union,”, substitute “(excluding goods consigned from the Isle of Man) into the United Kingdom,”;

(ii)

omit “within the meaning of Regulation (EU) No 952/2013”;

(c)

for point (h), substitute—

“(h)
“competent authority” means the Secretary of State”;

(d)

in point (i) (definition of “applicant”), in paragraph 2—

(i)

omit “customs”;

(ii)

for “Union” substitute “United Kingdom”;

(e)

for point (j) (definition of “customs territory of the Union”), substitute—

“(j)
references to the “territory of the United Kingdom” (at points (n), (p) and (s) and Articles 5(1) and 7b(1)), include the Isle of Man;”;

(f)

for point (l), substitute—

“(l)
“broker” means—

(i)
any person resident or established in the United Kingdom who supplies brokering services from the United Kingdom;

(ii)
any United Kingdom national who supplies brokering services from the United Kingdom;

(iii)
any United Kingdom person who supplies brokering services from a country within the European Union;

(iv)
any person resident or established in the European Union who supplies brokering services from the United Kingdom;

(v)
any European Union national who supplies brokering services from the United Kingdom;”;

(g)

for point (m), substitute—

“(m)
“supplier of technical assistance” means—

(i)
any person resident or established in the United Kingdom who supplies technical assistance from the United Kingdom;

(ii)
any United Kingdom national who supplies technical assistance from the United Kingdom;

(iii)
any United Kingdom person who supplies technical assistance form a country within the European Union;

(iv)
any person resident or established in the European Union who supplies technical assistance from the United Kingdom;

(v)
any European Union national who supplies technical assistance form the United Kingdom;”;

(h)

for point (n), substitute—

“(n)
“exporter” means any person, resident or established in the United Kingdom, who makes an export declaration or on whose behalf an export declaration is made, that is to say the person who, at the time the declaration is accepted, holds the contract with the consignee in the third country and has the power for determining the sending of the item out of the territory of the United Kingdom. If no export declaration has been made, the exporter is the person who holds the contract with the consignee in the third country and has the power for determining the sending of the item out of the United Kingdom to a destination outside of the territory of the United Kingdom. If no contract has been concluded, or if the holder of the contract does not act on its own behalf, the exporter shall mean the person who has the power for determining the sending of the item out of the United Kingdom to a destination outside of the territory of the United Kingdom;”;

(i)

for point (o), substitute—

“(o)
“General Export Authorisation” means an authorisation for exports as defined under point (d) to certain countries which is available to all exporters who respect conditions and requirements for its use as listed in Annex IIIb;”;

(j)

in point (p) (definition of “individual authorisation”)—

(i)

omit “customs”;

(ii)

for “Union”, substitute “United Kingdom”;

(k)

in point (s) (definition of “transit”)—

(i)

for “customs territory of the Union” in each place that it occurs, substitute “territory of the United Kingdom”;

(ii)

for “non-Union goods”, substitute “goods not in free circulation”;

(l)

after point (s), insert—

“(t)
“third country” means any country or territory other than the United Kingdom and the Isle of Man;

(u)
“United Kingdom national” means a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, or a person who, under the British Nationality Act 1981^f2, is a British subject or a British protected person within the meaning of that Act;

(v)
“United Kingdom person” means a United Kingdom national or a legal person, entity or body incorporated or constituted under the law of the United Kingdom or of any part of the United Kingdom;

(w)
“European Union national” means a natural person who is a national of a member State of the European Union;

(x)
a person is “resident or established” in the country or territory in which, in the case of a natural person, that person has his or her habitual residence and, in the case of any other person, that person has its registered office, central headquarters or a permanent business establishment;

(y)
“permanent business establishment” has the meaning given by Article 5(32) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code^f3.”.

(4)

In Article 3 (export prohibition), in paragraph 1 for “a third country”, substitute “any country or territory outside of the United Kingdom”.

(5)

In Article 4 (import prohibition)—

(a)

in paragraph 1—

(i)

for “Union” substitute “United Kingdom”;

(ii)

for “a third country”, substitute “any country or territory outside of the United Kingdom”;

(b)

in paragraph 2, omit “in the Member State of destination”.

(6)

In Article 4b (prohibition of brokering services), for “a third country”, substitute “any country or territory outside of the United Kingdom”.

(7)

In Article 4c (prohibition of training), for “a third country” substitute “any country or territory outside of the United Kingdom”.

(8)

In Article 4d (trade fairs)—

(a)

for “a Member State”, substitute “the United Kingdom”;

(b)

for “Union”, substitute “United Kingdom”;

(9)

For Article 4e (advertising), substitute—

“It shall be prohibited for any person resident or established in the United Kingdom who sells or purchases advertising space or advertising time from within the United Kingdom; for any United Kingdom national who sells or purchases advertising space or advertising time from within the United Kingdom; for any United Kingdom person who sells or purchases advertising space or advertising time from a country within the European Union; for any person resident or established in the European Union who sells or purchases advertising space or advertising time from within the United Kingdom; and for any European Union national who sells or purchases advertising space or advertising time from within the United Kingdom, to sell to or to purchase from any person in any country or territory outside of the United Kingdom advertising space in print media or on the internet or advertising time on television or radio in relation to goods listed in Annex II.”.

(10)

Omit Article 4f (national measures).

(11)

In Article 5 (export authorisation requirement)—

(a)

in paragraph 1—

(i)

omit “customs”;

(ii)

for “Union”, substitute “United Kingdom”;

(iii)

omit “external”;

(iv)

omit “under Article 226 of Regulation (EU) No. 952/2013”;

(v)

omit “non-Union”;

(vi)

for point (c), substitute—

“(c)
goods listed in Schedule 2 to the Export Control Order 2008^f4;”;

(b)

omit paragraph 2;

(c)

in paragraph 3—

(i)

for “a Member State”, substitute “the United Kingdom”;

(ii)

for “an EU or”, substitute “a”;

(iii)

for “between Member States” substitute “between the United Kingdom”.

(12)

In Article 6 (criteria for granting export authorisations)—

(a)

in paragraph 1, omit the words from “in particular” to “the preceding three years and”;

(b)

in paragraph 2, for “the UN, the Council of Europe and the EU,”, substitute “the UN and the Council of Europe”.

(13)

In Article 6a (prohibition of transit), for “a Member State”, substitute “the United Kingdom”.

(14)

Omit Article 7 (national measures).

(15)

In Article 7a (authorisation requirement for certain services)—

(a)

in paragraph 1, for “a third country”, substitute “any country or territory outside of the United Kingdom”;

(b)

in paragraph 3—

(i)

for point (a) substitute—

“(a)
the technical assistance is supplied to military or civil personnel of the United Kingdom in the circumstances described in the first sentence of Article 5(3);”;

(ii)

in point (c), for “a competent”, substitute “the competent”;

(c)

omit paragraph 4.

(16)

In Article 7b (export authorisation requirement)—

(a)

in paragraph 1—

(i)

omit “customs” in the first place that it occurs;

(ii)

for “Union”, substitute “United Kingdom”;

(iii)

omit “external”;

(iv)

for “under Article 226 of Regulation (EU) No 952/2013”, substitute “within the meaning given by paragraph 5 of Schedule 2 to the Taxation (Cross-border Trade) Act 2018^f5”;

(v)

omit “non-Union”;

(vi)

for point (c), substitute—

“(c)
goods listed in Schedule 2 to the Export Control Order 2008.”;

(b)

in paragraph 2–

(i)

for “Member States” substitute “the competent authority”;

(ii)

omit “on them”.

(17)

In Article 7c (criteria for granting export authorisations)—

(a)

in paragraph 1, omit the words from “in particular” to “the preceding three years and”;

(b)

in paragraph 3, omit sub-paragraph 3.3.

(18)

In Article 7d (prohibition of transit), for “a Member State”, substitute “the United Kingdom”.

(19)

In Article 7e (authorisation requirement for certain services), for “a third country”, substitute “any country or territory outside of the United Kingdom”.

(20)

In Article 8 (types of authorisations and issuing authorities)—

(a)

in paragraph 1—

(i)

omit “Union”;

(ii)

omit “of the Member State where the exporter is resident or established”;

(iii)

omit the third sub-paragraph;

(b)

in paragraph 2, omit “of the Member State where the exporter is resident or established, as listed in Annex I”;

(c)

in paragraph 3, omit the words from “of the Member State” where these first occur to “takes place”;

(d)

in paragraph 4, omit the words “of the Member State where the museum is established, as listed in Annex I”;

(e)

for paragraph 5, substitute—

“5.

An authorisation for the supply of technical assistance related to goods listed in Annex II, III, or IIIa shall be granted by the competent authority.”;

(f)

omit paragraph 6;

(g)

in paragraph 7, omit the words from “of the Member State” to “incorporated or constituted”;

(h)

in paragraph 8, for “authorities” in each place that it occurs, substitute “authority”;

(i)

in paragraph 10—

(i)

for “Upon the request of a national preventive mechanism”, substitute “At the request of one or more of the bodies comprising the United Kingdom’s national preventive mechanism”;

(ii)

for “authorities” in the first and second place that it occurs, substitute “authority”;

(iii)

for “the requesting national preventive mechanism”, substitute “the relevant body or bodies”;

(iv)

omit the last sentence;

(j)

omit paragraph 11.

(21)

In Article 9 (authorisations)—

(a)

in paragraph 1, omit the fourth sentence;

(b)

in paragraph 3, omit the second and third sentences;

(c)

in paragraph 5, for “authorities”, substitute “authority”.

(22)

In Article 10 (customs formalities)—

(a)

in paragraph 1, omit the second sentence;

(b)

in paragraph 2–

(i)

for “the customs authorities” in both places that it occurs, substitute “Customs”;

(ii)

omit “in accordance with applicable national law”.

(23)

Omit Article 11 (notification and consultation requirement).

(24)

For Article 12 (amendment of annexes), substitute—

“1.

The Secretary of State may by regulations amend Annexes II, III, IIIa, IIIb, V, VI and VII of this Regulation.

2.

Regulations under paragraph 1 are to be made by statutory instrument.

3.

Regulations under paragraph 1:

(a)
may make different provision with respect to different cases or descriptions of case;

(b)
may include—

(i)
incidental, supplementary or consequential provision;

(ii)
transitional, transitory or saving provision.

4.

A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution in either House of Parliament.”.

(25)

Omit Article 12a (requests for adding goods to one of the lists of goods).

(26)

In Article 13—

(a)

for the heading, substitute “Annual activity report”;

(b)

omit paragraphs 1 and 2;

(c)

in paragraph 3–

(i)

for the words from “Member States” to “shall make a public”, substitute “The Secretary of State shall prepare and publish an”;

(ii)

omit “they have”;

(iii)

for “a Member State”, substitute “the Secretary of State”;

(iv)

for “its security.”, substitute “the United Kingdom’s security”;

(d)

omit paragraphs 3a, 4 and 5.

(27)

Omit Article 13a (processing of personal data).

(28)

In Article 14 (use of information), omit the words “Regulation (EC) No 1049/2001” to “and national”.

(29)

Omit Article 15a (exercise of the delegation).

(30)

Omit Article 15b (urgency procedure).

(31)

Omit Article 15c (anti-torture coordination group).

(32)

Omit Article 15d (review).

(33)

Omit Article 17 (penalties).

(34)

Omit Article 18 (territorial scope).

(35)

Omit Article 19 (entry into force).

(36)

After Article 19, omit the words “This Regulation shall be binding” to “all Member States”.

(37)

Omit Annex I (list of authorities).

(38)

In both Annexes II (list of goods with no use other than for the purposes of torture etc) and III (list of goods that could be used for torture etc)—

(a)

for each Introductory Note, substitute—

“The commodity codes in this Annex refer to the codes specified in the Customs Tariff (Establishment) (EU Exit) Regulations 2019.

Where “ex” precedes the code, the goods covered constitute only a part of the scope of the code and are determined by both the description given in this Annex and the scope of the code.”.

(b)

for “CN code” in the table in each Annex, substitute “Commodity code”.

(39)

In Annex IIIa (list of goods that could be used for the purpose of capital punishment), for “CN code”, substitute “Commodity code”.

(40)

In Annex IIIb—

(a)

for the title, substitute, “GENERAL EXPORT AUTHORISATION”;

(b)

at Part 2—

(i)

omit the first sentence;

(ii)

in the second sentence, omit “throughout the Union”;

(iii)

omit the text beginning with “Danish territories” and ending with “Sint Maarten”;

(iv)

in the heading relating to the list of British territories, omit “not included in the customs territory”.

(c)

at Part 3—

(i)

in paragraph (1)(b), for “authorities of the Member State in which the exporter is resident or established have”, substitute “authority has”;

(ii)

in paragraph (1)(b) and (c), for “a third” in each place that it occurs, substitute “another”;

(iii)

in paragraph (2)—

(aa)

omit “EU GEA 1236/2005”;

(bb)

for “authorities of the Member State where they are resident or established”, substitute “authority”;

(cc)

omit “EU GEA 1236/2005 by indicating in box 44 the relevant code found in the TARIC database”;

(iv)

omit paragraph (3).

(41)

Omit Annex IV (list of certain Member State’s territories).

(42)

In Annex V (export or import authorisation form)—

(a)

omit “EUROPEAN COMMUNITY” at the beginning of the authorisation form;

(b)

omit box 8 of that form;

(c)

for “CN code” in each box of the form that it occurs, substitute “Commodity code”;

(d)

omit “Member State,” at box 19 of the form;

(e)

in the second paragraph of the explanatory notes to the form, omit “which is set out in Annex I to this Regulation”;

(f)

in the fourth paragraph of those notes—

(i)

omit the words “national procedures of the Member States require”;

(ii)

after “of the form”, insert “are required”;

(iii)

omit the words “following the national rules applicable”;

(g)

in the section of those notes concerning box 3 of the form, omit “and Article 18”;

(h)

in the section of those notes concerning box 5 of the form, omit “See also Article 5 of Council Regulation (EEC) No 2913/92”;

(i)

in the section of those notes concerning box 6 of the form, omit the text beginning “taken from” to the end;

(j)

in the section of those notes concerning box 7 of the form, omit the text beginning “taken from” to the end.

(43)

In Annex VI (authorisation form for the supply of brokering services)—

(a)

omit “EUROPEAN UNION” at the beginning of the authorisation form;

(b)

omit “third” in each place that it occurs on the authorisation form;

(c)

omit box 9 of that form;

(d)

in the second paragraph of the explanatory notes to the form, omit “It is an authority that is included in the list of competent authorities in Annex I to that Regulation”;

(e)

in the section of those notes concerning box 5 to the form, omit “third”;

(f)

in the section of the notes concerning box 6 of the form—

(i)

omit “Third”;

(ii)

omit the text beginning “taken from” to the end;

(g)

in the section of the notes concerning box 7 of the form—

(i)

omit “Third”;

(ii)

omit the text beginning “taken from” to the end;

(h)

omit the section of the notes concerning box 9 of the form;

(i)

in the section of the notes concerning box 12 of the form, omit the word “third” in both places that it occurs;

(j)

in the section of the notes concerning box 15 of the form—

(i)

for “EU Combined Nomenclature”, substitute “the Customs Tariff (Establishment) (EU Exit) Regulations 2019”;

(ii)

omit the text beginning “See Commission” to the end;

(k)

omit the footnotes.

(44)

In Annex VII (authorisation form for the supply of technical assistance)—

(a)

omit “EUROPEAN UNION” at the beginning of the authorisation form;

(b)

at box 6 of that form—

(i)

omit “Third”;

(ii)

omit “Member State”;

(c)

omit box 8 of the form;

(d)

at box 11 of the form—

(i)

for “third” in each place that it occurs, substitute “foreign”;

(ii)

for “EU”, substitute “UK”;

(e)

in the second indent following the first paragraph of the explanatory notes to the form–

(i)

omit “Union”;

(ii)

omit “EU GEA 1236/2005”;

(f)

in the second paragraph of those notes, omit the text beginning “It is” to the end.

(g)

in the section of the notes concerning box 6 of the form—

(i)

omit “Third”;

(ii)

omit “or Member State”;

(iii)

omit the text beginning “taken from” down to the end;

(h)

omit the section of the notes concerning box 8.

Annotations

Footnotes

f1: 1979 c. 2. Section 100A was inserted by the Finance Act 1984 (c. 43), section 8, Schedule 4, Part 1.
f2: 1981 c. 61.
f3: OJ l No 287, 29.10.13, p.1.
f4: S.I. 2008/3231. Schedule 2 was substituted by S.I. 2017/697 and 2018/165 and 939.
f5: 2018 c. 22.