Regulation 5 Transitional provision relating to Council Regulation (EC) No 428/2009I1

A pre-exit global export authorisation which had effect immediately before F1IP completion day continues to have effect on and after IP completion day as if it were a F2assimilated global export authorisation.

A person registered to use a Union general export authorisation immediately before IP completion day is to be treated on and after IP completion day as being registered to use the corresponding assimilated general export authorisation.

A person registered to use a pre-exit national general export authorisation immediately before IP completion day is treated on and after IP completion day as being registered to use a assimilated national general export authorisation.

A pre-exit authorisation for brokering services which had effect immediately before IP completion day continues to have effect on and after IP completion day as if it were a assimilated authorisation for brokering services.

A pre-exit individual export authorisation which had effect immediately before IP completion day continues to have effect on and after IP completion day as if it were a assimilated individual export authorisation.

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pre-exit individual export authorisation or a pre-exit global export authorisation which is made but not determined or withdrawn before IP completion day is to be treated on and after IP completion day as an application for a assimilated individual export authorisation or, as the case may be, a assimilated global export authorisation.

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 IP completion day, the relevant pre-exit export authorisation has effect from the time at which the appeal was decided as if it were the corresponding assimilated export authorisation.

In this regulation—

• “corresponding F3assimilated export authorisation” means—

  1. (a)

     in relation to a pre-exit individual export authorisation, a assimilated individual export authorisation; and

  2. (b)

     in relation to a pre-exit global export authorisation, a assimilated global export authorisation;

• “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 IP completion day;

• “pre-exit authorisation for brokering services” means an authorisation granted by the Secretary of State before IP completion day under Article 10 of the EU Dual-Use Regulation;

• “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 IP completion day under article 26(4) of the Export Control Order 2008;

• “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 IP completion day under article 26(4) of the Export Control Order 2008;

• “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 IP completion day under article 26(4) of the Export Control Order 2008;

• “relevant pre-exit export authorisation” means a pre-exit individual export authorisation or a pre-exit global export authorisation;

• F4...

• F5“replacement dual-use Regulation”, in relation to—

  1. (a)

     England and Wales and Scotland, means 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 ;

  1. (b)

     Northern Ireland, means 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 as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;

• “assimilated authorisation for brokering services” means an authorisation granted by the Secretary of State on or after IP completion day under Article 10 of the replacement dual-use Regulation;

• “assimilated general export authorisation” means an export authorisation established under Article 9(1) of the F6replacement dual-use Regulation;

• “assimilated global export authorisation” means an export authorisation by Article 2(10) of the replacement dual-use Regulation granted by the Secretary of State on or after IP completion day under article 26(4) of the Export Control Order 2008;

• “assimilated individual export authorisation” means an export authorisation within the meaning given by Article 2(10) of the replacement dual-use Regulation granted by the Secretary of State on or after IP completion day under article 26(4) of the Export Control Order 2008;

• “assimilated national general export authorisation” means an export authorisation within the meaning given by Article 2(11) of the replacement dual-use Regulation granted by the Secretary of State on or after IP completion day under article 26(4) of the Export Control Order 2008;

• “Union general export authorisation” means an export authorisation established under Article 9(1) of the EU Dual-Use Regulation.