Explanatory note

These Regulations amend 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 (Recast)^f1 (“the retained Dual-Use Regulation”).

Regulations 2(2) and 2(3) amend Annexes I and IV to the retained Dual-Use Regulation which list dual-use goods, software and technology subject to export controls. The new text also addresses minor drafting errors and preferences.

In relation to the Protocol on Ireland/Northern Ireland in the European Union Withdrawal Agreement (“the Protocol”), the amendments to Annex I and IV of the retained Dual-Use Regulation contained in regulation 2 are closely aligned with control list amendments introduced by 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) (OJ L 206, 11.6.2021, p. 1-392) (“Regulation (EU) 2021/821”), which replaces 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 (recast) (OJ L 134, 29.5.2009, p. 1-373). Regulation (EU) 2021/821 continues to apply to and in the United Kingdom in respect of Northern Ireland by virtue of the Protocol, in particular Articles 5(4) and 13(3) and Annex 2.

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 published alongside the instrument at legislation.gov.uk also. In addition, a copy has been placed in the Libraries of both Houses of Parliament.