Explanatory note

This Order implements Directive 2014/108/EU amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence related products (OJ L 359, 16.12.14, p.117) (the “amending Directive”). Directive 2009/43/EC (OJ L 146, 10.6.09, p.1) simplifies the terms and conditions of transfers within the Union of defence related products listed in the Annex which corresponds to the list in the Common Military List of the Union (the “CML”). The CML was updated in 2014 and the amending Directive makes the necessary changes to the Annex to Directive 2009/43/EC to incorporate these changes.

The Order replaces Schedule 2 to the Export Control Order 2008 which lists military goods, software and technology which are subject to export controls (“the UK list”). The content of the UK list derives partly from an international export control regime known as the Wassenaar Arrangement adopted in the EU through the CML, as well as from domestic UK controls. The substituted text of the Schedule reflects the changes. The Order also amends a UK national control (PL5001) in Schedule 2 to the Export Control Order 2008 in order to ensure consistency with changes introduced by Commission Implementing Regulation (EU) No 775/2014 (OJ L 210, 17.7.2014, p.1).

An Impact Assessment has not been prepared in respect of this Order as minimal or no impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum and a transposition note are available alongside the instrument on the www.legislation.gov.uk website. Copies have also been placed in the Libraries of both Houses of Parliament.