The European Union has adopted an amendment to the regulation for the export of certain dual-use items to include the UK in the list of low-risk third countries covered by the EU general export authorisations – in the event that the United Kingdom leaves the Union without a deal.
The amendment notes:
‘[T]he United Kingdom is a party to the relevant international treaties and a member of international non-proliferation 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.’
The EU points out that, ‘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.’
It concludes: ‘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.’