Memorandum by the Department of Trade
1999 (S.I. 1999/1778)
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
"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