European Union (National General Export Authorisation) Regulations 2020

• Jurisdiction: Ireland
• Citation: IR SI 623/2020
• Year: 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd December, 2020.

I, LEO VARADKAR, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by Section 3 of the European Communities Act (No. 27 of 1972) and for the purpose of giving full effect to Council Regulation (EC) No. 428/2009 of 5 May 20091 , as amended, hereby make the following regulations:

1. These Regulations may be cited as the European Union (National General Export Authorisation) Regulations 2020.

2. (1) In these Regulations –

(a) “Annex” means an Annex to the Council Regulation;

(b) “Council Regulation” means Council Regulation (EC) No. 428/2009 of 5 May 20091 setting up a Community regime for the control of exports, transfers, brokering and transit of dual-use items, as amended by the European Acts specified in the Schedule;

(c) “Minister” means Minister for Enterprise, Trade and Employment.

(d) “appeals officer” means an officer acting under the authority of the Minister to review a decision revoke an export authorisation.

(e) “prescribed period” means the time period set out in Regulation 13.

2. A word or expression used in these Regulations and which is also used in the EU Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the EU Regulation.

3. These Regulations establish a national general export authorisation pursuant to Article 9(2) and Annex IIIc of the Council Regulation.

(1) This is a general export authorisation under the terms of Article 9(2) of Regulation (EC) No 428/2009. This authorisation, in accordance with Article 9(2) of that Regulation, is valid in all Member States of the European Union.

(2) This authorisation shall be known as National General Export Authorisation No. 1;

(3) The Minister shall be the issuing authority for this authorisation.

4. This export authorisation covers all dual-use items specified in any entry in Annex I, except those listed in Annex IIg.

5. This export authorisation is valid for exports to the United Kingdom of Great Britain and Northern Ireland (without prejudice to the application of the Council Regulation to and in the United Kingdom in respect of Northern Ireland in accordance with Annex 2, point 47, of the Protocol on Ireland/Northern Ireland, listing the provisions of Union law referred to in Article 5(4) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community2 ).

6. This export authorisation may not be used if Union General Export Authorisation No. EU001 (Annex IIa) is applicable.

7. Exporters that use this export authorisation shall notify the Minister of their first use of this authorisation no later than 30 days after the date when the first export took place.

8. Exporters that use this export authorisation shall submit to the Minister, a declaration of all exports made under this authorisation...