Explanatory note

This Order amends the Export Control Order 2008 (S.I. 2008/3231) (“the 2008 Order”).

Article 3 amends Schedule 2 to the 2008 Order, which lists military goods, software and technology subject to export controls (“the UK list”). The content of the UK list reflects both domestic controls and an international export regime known as the Wassenaar Arrangement. Amendments to the Wassenaar Arrangement munitions list were most recently agreed in December 2021. The amendments to Schedule 2 reflect those changes, including by inserting a new definition and notes.

The amendments also implement the changes to Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1) (“Directive 2009/43/EC”) by Commission Delegated Directive (EU) 2021/1047 of 5 March 2021 amending Directive 2009/43/EC of the European Parliament and of the Council as regards the updating of the list of defence-related products in line with the updated Common Military List of the European Union of 17 February 2020 (OJ L 225, 25.6.2021, p. 69). Directive 2009/43/EC continues to apply to and in the United Kingdom in respect of Northern Ireland by virtue of Articles 5(4) and 13(3) of, and Annex 2 to, the Protocol on Ireland/Northern Ireland in the European Union withdrawal agreement.

The amendments also address minor drafting errors and preferences.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum is available from the Export Control Joint Unit, Old Admiralty Building, London SW1A 2DY; it is also published alongside the instrument at www.legislation.gov.uk. In addition, a copy has been placed in the Libraries of both Houses of Parliament.