BREXIT - UGEA EU001


EU General Export Authorisations (UGEAs) are known as ‘Union licences’ as they are established by Council Regulation (EC) No. 428/2009. They are valid in all the EU Member States and may be used by any exporter established in the EU, subject to the same exporter meeting specified terms and conditions.

EU001 covers exports to Australia, Canada, Japan, New Zealand, Norway, Switzerland, including Lichtenstein, and the United States. Amending Regulation (EU) 2019/496 adds the United Kingdom to the list of destinations once Brexit happens. 

UGEAs are legal documents authorising exports. Use of the UGEA authorisation is subject to the conditions of use set in the regulation. It is the responsibility of each exporter to check the precise scope of the authorisation as set out in the regulation, assess whether the relevant items are covered and ensure that they meet all the licensing terms and conditions.

Exporters are not required to apply to use the UGEAs, but they need to register as a user within 30 days of the first export (first use). Registration is through submission of a notification as per specified form.  In this notification the exporter provides his details and that of the location where records may be inspected. Moreover, the exporter undertakes to forward to the Commerce Department, detailed export data on a quarterly basis (in April, July, October and January for the preceding three months). Both the notification of first use and the quarterly data must be forwarded to controlledgoods@gov.mt

When exporting goods under authority of a UGEA, it is a requirement to specify the EU reference number X002 in Box 44 and the licence code i.e. EU001 in the Customs Single Administrative Document.

It is important to note that the Department may prohibit exporters from using this authorisation if there is reasonable suspicion about their ability to comply with the provisions of the authorisation or with the provision of the export control legislation (article 9.1 of Regulation (EC) No. 428/2009). Consistent with the aim of a common EU approach to managing the UGEA system, information about prohibited exporters is exchanged among all Member States. 

The authorisation may not be used if the exporter is aware, or if he has been informed by the Department, that the items in question are or may be intended, in their entirety or in part:
 
for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices or the development, production, maintenance or storage of missiles capable of delivering such weapons, 

for a military end use as defined in Article 4(2) of Regulation (EC) No. 428/2009 in a country subject to an arms embargo imposed by a decision or a common position adopted by the Council or a decision of the OSCE or an arms embargo imposed by a binding resolution of the Security Council of the United Nations.

Similarly, the authorisation may not be used if the relevant items are exported to a customs free zone or free warehouse which is in a destination covered by this authorisation; or if the final destination is outside the countries covered by the authorisation. 

The above information is being provided to guide exporters. The prevailing legal obligations are those that are found at law.