PART 4U.K.Transitional provisions

Transitional provision relating to Council Regulation (EC) No 428/2009U.K.

5.—(1) A pre-exit global export authorisation which had effect immediately before [F1IP completion day] continues to have effect on and after [F1IP completion day] as if it were a [F2assimilated] global export authorisation.

(2) A person registered to use a Union general export authorisation immediately before [F1IP completion day] is to be treated on and after [F1IP completion day] as being registered to use the corresponding [F2assimilated] general export authorisation.

(3) A person registered to use a pre-exit national general export authorisation immediately before [F1IP completion day] is treated on and after [F1IP completion day] as being registered to use a [F2assimilated] national general export authorisation.

(4) A pre-exit authorisation for brokering services which had effect immediately before [F1IP completion day] continues to have effect on and after [F1IP completion day] as if it were a [F2assimilated] authorisation for brokering services.

(5) A pre-exit individual export authorisation which had effect immediately before [F1IP completion day] continues to have effect on and after [F1IP completion day] as if it were a [F2assimilated] individual export authorisation.

(6) 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pre-exit individual export authorisation or a pre-exit global export authorisation which is made but not determined or withdrawn before [F1IP completion day] is to be treated on and after [F1IP completion day] as an application for a [F2assimilated] individual export authorisation or, as the case may be, a [F2assimilated] global export authorisation.

(7) 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 [F1IP 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 [F2assimilated] export authorisation.

(8) In this regulation—

“corresponding [F3assimilated] export authorisation” means—

“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 [F1IP completion day];

“pre-exit authorisation for brokering services” means an authorisation granted by the Secretary of State before [F1IP 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 [F1IP 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 [F1IP 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 [F1IP 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—

“[F3assimilated] 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;]

“[F3assimilated] general export authorisation” means an export authorisation established under Article 9(1) of the [F6replacement dual-use Regulation];

“[F3assimilated] global export authorisation” means an export authorisation by Article 2(10) of the [F6replacement dual-use Regulation] granted by the Secretary of State on or after [F1IP completion day] under article 26(4) of the Export Control Order 2008;

“[F3assimilated] individual export authorisation” means an export authorisation within the meaning given by Article 2(10) of the [F6replacement dual-use Regulation] granted by the Secretary of State on or after [F1IP completion day] under article 26(4) of the Export Control Order 2008;

“[F3assimilated] national general export authorisation” means an export authorisation within the meaning given by Article 2(11) of the [F6replacement dual-use Regulation] granted by the Secretary of State on or after [F1IP 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.