S.I. No. 98 of 2000

European Communities (Control of Exports of Dual-Use Goods) (Amendment) Regulations, 2000

I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act. 1972 ( No. 27 of 1972 ), and for the purpose of giving further effect to Council Regulation (EC) No. 3381/94 of 19 December 1994, hereby make the following regulations:

1.        These Regulations may be cited as the European Communities (Control of Exports of Dual-Use Goods) (Amendment) Regulations, 2000.

2.        The European Communities (Control of Exports of Dual-Use Goods) Regulations, 1996 ( S.I. No. 362 of 1996 ), are hereby amended:

(a)       by the insertion of the following definition in Regulation 2 of those Regulations:

“‘general authorisation’ means an authorisation granted by the Minister under Regulation 5A;”.

(b)       by the insertion of the following Regulation after Regulation 5 of those Regulations:

“5A.   (1)      The Minister may grant a general authorisation of the type referred to in Article 6(1)(a) of the Council Regulation.

(2)      A general authorisation granted under paragraph (1) of this Regulation may be granted subject to such one or more conditions as the Minister thinks appropriate and specifies in the authorisation.

(3)      Without prejudice to the generality of paragraph (2) of this Regulation, a general authorisation may be granted subject to a condition restricting the states to which an exportation of the goods concerned may take place to such states as are specified in the condition.

(4)      A person exporting goods which are the subject of a general authorisation shall comply with -

(a)      the conditions to which such authorisation is subject by virtue of paragraphs (2) or (3) of this Regulation.

(b)      the provisions of the Council Regulation, and

(c)      the provisions of these Regulations.

(5)      Where the Minister grants a general authorisation the Minister shall cause the general authorisation to be published in the Iris Oifigiúil.

(6)      (a)     The Minister may revoke a general authorisation issued pursuant to paragraph (1) of this Regulation.

(b)     Where the Minister revokes a general authorisation he shall cause a notice of such revocation to be published in the Iris Oifigiúil.”.

(c)        by the insertion of the following after subparagraph (d) of Regulation 7(1) of those Regulations:

“or

(e)      exports dual-use goods in respect of which a general authorisation is in force otherwise than in compliance with the conditions contained in such authorisation.”

Explanatory Note

(This note is part of the instrument and does not purport to be a legal interpretation).

The effect of this Order is to enable the Minister to grant a general authorisation in respect of a type or category of dual-use goods which is listed in Annex I, but which is not contained in Annex IV, of Council Decision 94/942/CFSP as last amended.

Published by the Stationery Office, Dublin.