S.I. No. 98/2000 - 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.” | ||||||||||||
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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. |