Regulation 45 Transitional provision: trade licences

(1)

Paragraph (2) applies in relation to a relevant authorisation which—

(a)

was in effect immediately before the relevant date, and

(b)

authorises an act which would (on and after the relevant date, and in the absence of paragraph (2)) be prohibited by Part 5 (Trade) of the 2019 Regulations,

and such a licence or authorisation is referred to in this regulation as an “existing trade licence”.

(2)

A licence is deemed to have been issued at the beginning of the relevant date by the Secretary of State under regulation 33 (trade licences) of the 2019 Regulations—

(a)

disapplying every provision of Part 5 of the 2019 Regulations which would, in the absence of this paragraph, prohibit any act authorised by the existing trade licence, and

(b)

otherwise in the same terms as the existing trade licence.

(3)

In this regulation—

“2019 Regulations” means the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019;
“relevant authorisation” means a licence or authorisation granted by the Secretary of State under—
1. (a)
  
  the Export Control Order 2008,
2. (b)
  
  the Dual-Use Regulation,
3. (c)
  
  Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items^f1 as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement^f2, or
4. (d)
  
  Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)^f3 as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
“relevant date” means the date on which these Regulations come into force.

Annotations

Footnotes

f1: OJ No. L 134, 29.5.2009, p. 1; relevant amending instruments are OJ No. L 326, 8.12.2011, p. 26, OJ No. L 173, 12.6.2014, and OJ No. L 428, 30.12.2019, p. 1.
f2: A copy of the EU withdrawal agreement may be found online at https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration.
f3: OJ L 206, 11.6.2021.