REGULATION (EU) 2020/2171 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 December 2020

amending Annex IIa to Council Regulation (EC) No 428/2009 as regards 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 AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure (1),

Whereas:

(1) On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union (TEU). In accordance with that Article, the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (2) (the ‘Withdrawal Agreement’) was concluded on behalf of the Union by Council Decision (EU) 2020/135 (3).

(2) According to the terms of the Withdrawal Agreement, the United Kingdom is no longer a Member State of the European Union since 31 January 2020, and Union primary and secondary law will cease to apply to and in the United Kingdom when the transition period set out in the Withdrawal Agreement ends on 31 December 2020.

(3) Council Regulation (EC) No 428/2009 (4) sets up a common system for the control of exports of dual-use items in order to promote Union and international security and to provide a level playing field for Union exporters.

(4) 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.

(5) The United Kingdom is a party to relevant international treaties and a member of international non-proliferation regimes, and maintains full compliance with related obligations and commitments.

(6) The United Kingdom applies proportionate and adequate controls to effectively address considerations about intended end use and the risk of diversion consistent with the provisions and objectives of Regulation (EC) No 428/2009.

(7) Adding the United Kingdom to the list of countries included in Union General Export Authorisation No EU001, would not negatively affect the security of the Union or international security.

(8) 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 Authorisation No EU001 in order to ensure the uniform and consistent application of controls throughout the Union, to provide a level playing field for Union exporters and to avoid unnecessary administrative burden, while protecting Union and international security.

(9) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objectives of avoiding disproportionate trade disruptions and excessive administrative burden for Union exports of dual-use items to the United Kingdom, to lay down rules on the inclusion of the United Kingdom in the Union General Export Authorisation No EU001. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) of the TEU.

(10) In view of the urgency entailed by the circumstances of the United Kingdom’s withdrawal from the Union, it is considered to be appropriate to provide for an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the TEU, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.

(11) This Regulation should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union and should apply from 1 January 2021 in order to ensure that the United Kingdom be included in Union General Export Authorisation No EU001 without delay,

HAVE ADOPTED THIS REGULATION:

Article 1 Annex IIa to Regulation (EC) No 428/2009 is amended as follows: (1) in the title, the wording ‘Exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland, including Liechtenstein, and United States of America’ is replaced by the following: ‘Exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland, including Liechtenstein, United Kingdom and United States of America’; (2) in Part 2, the following indent is inserted after the sixth indent: ‘— United Kingdom (without prejudice to the application of this Regulation to and in the United Kingdom in respect of Northern Ireland, in accordance with point 47 of Annex 2 to the Protocol on Ireland/Northern Ireland (the ‘Protocol’) annexed to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (*1), listing the provisions of Union law referred to in Article 5(4) of the Protocol) (*1) Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ L 29, 31.1.2020, p. 7).’."

Article 2 Entry into force and application This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2021.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 16 December 2020. For the European Parliament The President D. M. SASSOLI For the Council The President M. ROTH

(1) Position of the European Parliament of 26 November 2020 (not yet published in the Official Journal) and decision of the Council of 4 December 2020.

(2) Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ L 29, 31.1.2020, p. 7).

(3) Council Decision (EU) 2020/135 of 30 January 2020 on the conclusion 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 Community (OJ L 29, 31.1.2020, p. 1).

(4) Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, p. 1).