Date: 2019-03-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Regulation (EU) 2019/496 of the European Parliament and of the Council of 25 March 2019 amending Council Regulation (EC) No 428/2009 by granting a Union general export authorisation for the export of certain dual-use items from the Union to the United Kingdom
Executive Summary:
This regulation amends Council Regulation EC No 428/2009 to grant a Union general export authorisation for certain dual-use items from the Union to the United Kingdom. This addition to Union general export authorisation No EU001 aims to ensure uniform application of controls, promote a level playing field for Union exporters, and avoid unnecessary administrative burden. It enters into force the day following its publication in the Official Journal and applies from the day the Treaties cease to apply to the UK, unless a withdrawal agreement is in force by that date.
Key Points / Main Content:
* **Amendment to Annex IIa of Council Regulation EC No 428/2009:**
* The title "Exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland, including Liechtenstein, and United States of America" is replaced with "Exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland, including Liechtenstein, United Kingdom of Great Britain and Northern Ireland, and United States of America".
* The United Kingdom of Great Britain and Northern Ireland is added to Part 2 of Annex IIa after Switzerland, including Liechtenstein.
* **Entry into Force and Application:**
* The regulation enters into force the day following its publication in the Official Journal of the European Union.
* It applies from the day following that on which the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU.
* The regulation does not apply if a withdrawal agreement with the United Kingdom has entered into force by the date the Treaties cease to apply.
Impact Analysis:
Union Exporters:
* Impact: Benefits from a level playing field and reduced administrative burden when exporting dual-use items to the United Kingdom.
* Action Required: Be aware of the conditions and scope of Union general export authorisation No EU001 when exporting dual-use items to the UK.
European Union:
* Impact: Ensures uniform and consistent application of controls on exports of dual-use items.
* Action Required: Implement the regulation and monitor its application.
United Kingdom:
* Impact: Is added to the list of countries covered by Union general export authorisation No EU001 for dual-use items, under specific conditions related to the existence of a withdrawal agreement.
* Action Required: Continue to maintain compliance with relevant international treaties and non-proliferation regimes.
Key Entities Referenced
European Parliament: One of the legislative bodies of the European Union.
Council of the European Union: One of the legislative bodies of the European Union.
Treaty on the Functioning of the European Union: One of the primary treaties forming the constitutional basis of the European Union.
European Commission: An executive branch institution of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Treaty on European Union: One of the primary treaties upon which the European Union is founded.
United Kingdom of Great Britain and Northern Ireland: A European country which was formerly a member of the European Union and is the subject of this regulation due to its withdrawal.
Council Regulation EC No 428/2009: A Council Regulation setting up a common system for the control of exports of dual-use items.
Australia: One of the countries covered by Union general export authorisation No EU001.
L 85 I/20 EN Official Journal of the European Union 27.3.2019
REGULATION (EU) 2019/496 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 March 2019
amending Council Regulation (EC) No 428/2009 by granting a Union general export authorisation
for the export of certain dual-use items from the Union to the United Kingdom
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union
pursuant to Article 50 of the Treaty on European Union (TEU). The Treaties will cease to apply to the United
Kingdom from the date of entry into force of a withdrawal agreement or, failing that, two years after that
notification, i.e. from 30 March 2019, unless the European Council, in agreement with the United Kingdom,
unanimously decides to extend that period.
(2) Council Regulation (EC) No 428/2009 (2) sets up a common system for the control of exports of dual-use items
which is necessary to promote Union and international security and to provide a level playing field for Union
exporters.
(3) Regulation (EC) No 428/2009 provides for ‘Union general export authorisations’ which facilitate controls on low-
risk exports of dual-use items to certain third countries. Currently, Australia, Canada, Japan, New Zealand,
Norway, Switzerland, including Liechtenstein, and the United States of America are covered by Union general
export authorisation No EU001 set out in Annex IIa to Regulation (EC) No 428/2009.
(4) The United Kingdom is a party to the relevant international treaties and a member of international non-prolifera
tion regimes, maintains full compliance with related obligations and commitments. The United Kingdom applies
proportionate and adequate controls to effectively address considerations about intended end uses and the risk of
diversion, consistent with the provisions and objectives of Regulation (EC) No 428/2009.
(5) Considering that the United Kingdom is an important destination for dual-use items produced in the Union, it is
appropriate to add the United Kingdom to the list of destinations covered by Union general export authorisation
No EU001 in order to ensure the uniform and consistent application of controls throughout the Union, to
promote a level playing field for Union exporters and to avoid an unnecessary administrative burden, while
protecting Union and international security.
(6) Given the urgency entailed by the circumstances of the United Kingdom's withdrawal from the Union, it is
necessary to allow for the prompt application of this Regulation concerning the inclusion of the United Kingdom
in Union general export authorisation No EU001. Therefore, this Regulation should enter into force on the day
following that of its publication in the Official Journal of the European Union.
(7) The United Kingdom should be added to the list of destinations covered by Union general export authorisation
No EU001 only in a situation where no withdrawal agreement concluded with the United Kingdom in
accordance with Article 50(2) TEU has entered into force by the date on which the Treaties cease to apply to the
United Kingdom pursuant to Article 50(3) TEU,
(1) Position of the European Parliament of 13 March 2019 (not yet published in the Official Journal) and decision of the Council of
19 March 2019.
(2) 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 (OJ L 134, 29.5.2009, p. 1).27.3.2019 EN Official Journal of the European Union L 85 I/21
HAVE ADOPTED THIS REGULATION:
Article 1
Annex IIa to Council Regulation (EC) No 428/2009 is amended as follows:
(a) the title ‘Exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland, including Liechtenstein, and United
States of America’ is replaced by the following:
‘Exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland, including Liechtenstein, United Kingdom of
Great Britain and Northern Ireland, and United States of America’;
(b) in Part 2 the following indent is inserted after the indent ‘— Switzerland, including Liechtenstein’:
‘— United Kingdom of Great Britain and Northern Ireland’.
Article 2
Entry into force and application
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European
Union.
It shall apply from the day following that on which the Treaties cease to apply to the United Kingdom pursuant to
Article 50(3) TEU.
This Regulation shall not apply if a withdrawal agreement concluded with the United Kingdom in accordance with
Article 50(2) TEU has entered into force by the date referred to in the second paragraph of this Article.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 25 March 2019.
For the European Parliament For the Council
The President The President
A. TAJANI G. CIAMBA