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Joint Committee on Statutory Instruments Twenty-Sixth Report


Memorandum by the Department of Trade and Industry


  1. This Memorandum is submitted to the Joint Committee on Statutory Instruments in response to their letter of 7 July 1999 in which they asked for an explanation of the following point:

      "Explain what Community obligations are implemented by the Regulations (presumably contained in a community instrument amending 3381/94 EC) and why this information does not appear in the Explanatory Note as required by the Statutory Instrument Practice paragraph 2.101."

  2. The Dual use and Related Goods (Export Control) Regulations 1996 ( the 'principal Regulations') are made in implementation and pursuant to EC Regulation 3381/94 which establishes a Community regime for the export of all dual use goods. Article 3 of the EC Regulation states that all dual use goods listed in Annex 1 to Council Decision 94/942/CFSP ('Annex 1'), as amended by Council Decision 99/193/CFSP, requires an export authorisation. Article 5 of the EC Regulation states that Member States may prohibit or make subject to authorisation the export of dual use goods not listed in Annex 1. Article 6 stipulates that Member States may make the export authorisation subject to conditions or requirements. Article 17 states that Member States shall take appropriate measures to ensure proper enforcement of all provisions of the EC Regulation.

  3. The principal Regulations establish inter alia the licensing regime and penalties required to be effected under the EC Regulation. They also take up the discretion in Article 5 of the EC Regulation to impose national controls on non­Annex 1 goods. Amendments in the Dual Use and Related Goods (Export Control) (Amendment No. 2) Regulations 1999 (S.I 1999/1778 ) ( 'the 1999 Regulations') are made to national controls established in the principal Regulations with respect to non­Annex 1 goods, and, to the above provisions in the EC Regulation, the details of which fall to Member States to determine. The 1999 Regulations do not implement any new obligations. They make a number of amendments, some of a clarificatory nature, to provisions in the principal Regulations which fall within Member States discretion in giving effect to the detail provisions of the EC Regulation. They also make amendments to pre­existing national controls which are permitted to remain in force by Article 5 of the EC Regulation is a matter of national discretion.

  4. On consideration it is accepted that the Explanatory Note could have been drawn so as to make clear that the 1999 Regulations do not arise out of any new EC obligation. on and therefore no reference is made to Community obligations in its Explanatory Note.

12 July 1999

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