PURPOSE: to grant a Union General Export Authorisation for the export of certain dual-use items from the Union to the United Kingdom of Great Britain and Northern Ireland in the absence of an agreement to withdraw the United Kingdom from the Union.

LEGISLATIVE ACT: Regulation (EU) 2019/496 of the European Parliament and of the Council amending Council Regulation (EC) No 428/2009 by granting a Union general export authorisation for the export of certain dual-use items from the Union to the United Kingdom.

CONTENT: this Regulation amends Council Regulation (EC) No 428/2009 establishing a common regime for the control of exports of dual-use items in order to include the United Kingdom in the list of low-risk third countries covered by Union general export authorisations.

Dual-use items are materials, equipment and technologies that can be used for both civilian and military purposes, including the proliferation and delivery of nuclear, chemical or biological weapons. Regulation (EC) No 428/2009 provides for ‘Union General Export Authorisations’ which facilitate the control of exports of low-risk dual-use items to certain third countries.

Currently, Australia, Canada, Japan, New Zealand, Norway, Switzerland, including Liechtenstein, and the United States of America are covered by Union general export authorisation No EU001 set out in Annex IIa to Regulation (EC) No 428/2009.

The 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.

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.

ENTRY INTO FORCE: 28.3.2019. The Regulation shall apply from the day following that on which the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) of the TEU.

Regulation 2019/496
OJ L 085I 27.03.2019, p. 0020

00023/2019/LEX

Results of vote in Parliament

The European Parliament adopted by 645 votes to 2, with 7 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 428/2009 by granting a Union General Export Authorisation for the export of certain dual-use items from the Union to the United Kingdom of Great Britain and Northern Ireland.

The European Parliament adopt its position at first reading, taking over the Commission proposal.

The proposal to amend Council Regulation (EC) No 428/2009 aims to add the United Kingdom to the list of countries benefiting from a general export authorisation for dual-use items valid throughout the EU in the absence of a withdrawal agreement with the United Kingdom.

Given the urgency entailed by the circumstances of the United Kingdom's withdrawal from the Union, it is proposed that the Regulation should enter into force rapidly, i.e. on the day following its publication in the Official Journal of the European Union.

T8-0165/2019

The Committee on International Trade adopted the report by Klaus BUCHNER (Greens/EFA, DE) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 428/2009 by granting a Union General Export Authorisation for the export of certain dual-use items from the Union to the United Kingdom of Great Britain and Northern Ireland.

The committee recommended that the European Parliament adopt its position at first reading, taking over the Commission proposal.

The sole purpose of the proposed Regulation is to amend Council Regulation (EC) No 428/2009 by granting a Union General Export Authorisation for the export of certain dual-use items from the Union to the United Kingdom of Great Britain and Northern Ireland.

A8-0071/2019

PE634.616

PE634.545

PURPOSE: to grant a Union General Export Authorisation for the export of certain dual-use items from the Union to the United Kingdom of Great Britain and Northern Ireland in the absence of an agreement to withdraw the United Kingdom from the Union.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.

BACKGROUND: on 13 December 2018, the European Council (Article 50) renewed its call to intensify work on preparing, at all levels, for the consequences of the United Kingdom's withdrawal from the Union, taking into account all possible outcomes. In response to this call, this Regulation is part of a package of emergency measures proposed by the Commission in view of the uncertainty in the United Kingdom regarding the ratification of the withdrawal agreement.

Regulation (EC) No 428/2009 provides for ‘Union General export authorisations’ which facilitate controls on low-risk exports of dual-use items to certain third countries. Currently, Australia, Canada, Japan, New Zealand, Norway, Switzerland, including Liechtenstein, and the United States of America are covered by Union General export authorisation No. EU001.

In the absence of a withdrawal agreement, all EU legislation on the import and export of goods shall apply to goods moving between the EU and the United Kingdom.

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 the Union General export authorisations No. EU001 in order to ensure a 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 Commission recalls that the United Kingdom is a party to relevant international treaties and a member of international non-proliferation regimes and that it maintains full compliance with related obligations and commitments, and applies proportionate and adequate controls to effectively address considerations about intended end use and the risk of diversion consistent with the provisions.

CONTENT: the proposal to amend Council Regulation (EC) No 428/2009 aims to add the United Kingdom to the list of destinations covered by the Union General export authorisation for dual-use items only in a situation where no withdrawal agreement is concluded with the United Kingdom.

Given the urgency entailed by the circumstances of the United Kingdom's departure from the European Union, it is necessary to allow for a prompt application of the provisions provided for in this Regulation, i.e. on the day following its publication in the Official Journal of the European Union.

COM(2018)0891
EUR-Lex