6 Dec 2006 16:29
Re: Dual-use regs
On 06/12/06, Nicholas Bohm <nbohm-AE7ukr+ASQqsTnJN9+BGXg@public.gmane.org> wrote:
Needless to say, various subsequent statutory instruments create the requisite offences.
Peter Fairbrother wrote:
> I was looking at the DTI site
>
> http://www.dti.gov.uk/europeandtrade/strategic-export-control/legislation/ec
> -du-reg/index.html
>
> wherein it says:
>
> "The EU Dual-Use Regulation is part of European law and is directly
> applicable in all EU countries."
>
> I wss under the impression that UK citizens in the UK only had to obey UK
> law, and while EU regulations could be binding on the Government, EU law did
> not apply directly to UK citizens - is that incorrect?
It is incorrect. Directives generally bind only the state (broadly
defined), but Regulations apply directly.
Peter's specific statement is incorrect, but subsequent UK law acts as if it were correct.
The UK law that authorises the DTI to issue legally-binding regulations is the Export Control Act 2002.
<http://www.opsi.gov.uk/ACTS/acts2002/20020028.htm>. It also permits those regulations to create
new criminal offences provided the maximum punishment does not exceed 10 years imprisonment.
Needless to say, various subsequent statutory instruments create the requisite offences.
Regards, Mark
RSS Feed