Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th October, 2021.

I, LEO VARADKAR, 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 effect to Commission Directive (EU) 2021/1047 of 5 March 2021¹ amending Directive 2009/43/EC of the European Parliament and of the Council as regards the updating of the list of defence-related products in line with the updated Common Military List of the European Union of 17 February 2020² , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Intra-Community Transfers of Defence Related Products) (Amendment) Regulations 2021.

2. Regulation 2 of the European Communities (Intra-Community Transfers of Defence Related Products) Regulations 2011 ( S.I. No. 346 of 2011 ) is amended, in paragraph (1), by the substitution of the following definition of ‘Directive’:

‘Directive’ means Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009² simplifying the terms and conditions of transfers of defence-related products within the Community as amended by –

(a) Commission Directive 2010/80/EU of 22 November 2010³ amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products,

(b) Commission Directive 2012/10/EU of 22 March 2012⁴ amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products,

(c) Commission Directive 2012/47/EU of 14 December 2012⁵ amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products,

(d) Commission Directive 2014/18/EU of 29 January 2014⁶ amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products,

(e) Commission Directive 2014/108/EU of 12 December 2014⁷ amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products,

(f) Commission Directive (EU) 2016/970 of 27 May 2016⁸ amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products,

(g) Commission Directive (EU) 2017/433 of 7 March 2017⁹ amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products,

(h) Commission Directive (EU) 2017/2054 of 8 November 2017¹⁰ amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products,

(i) Commission Directive (EU) 2019/514 of 14 March 2019¹¹ amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products.

(j) Commission Directive (EU) 2021/1047 of 5 March 2021¹² amending Directive 2009/43/EC of the European Parliament and of the Council as regards the updating of the list of defence-related products in line with the updated Common Military List of the European Union of 17 February 2020.

3. European Communities (Intra-Community Transfers of Defence Related Products) (Amendment) Regulations 2019 ( S.I. No. 291 of 2019 )¹¹ are revoked.

GIVEN under my Official Seal,

6 October, 2021.

LEO VARADKAR,

Minister for Enterprise, Trade and Employment.

1 OJ L225, 25.6.2021, p.69

2 OJ L146, 10.06.2009, p.1

2 OJ L146, 10.06.2009, p.1

3 OJ L308, 24.11.2010, p.11

4 OJ L85, 24.3.2012, p.3

5 OJ L31, 31.1.2013, p.43

6 OJ L40, 11.2.2014, p.20

7 OJ L359, 16.12.2014, p.117

8 OJ L163, 21.06.2016, p.1

9 OJ L70, 15.03.2017, p.1

10 OJ L311, 25.11.2017, p.1

11 OJ L89, 29.03.2019, p.1

12 OJ L225, 25.06.2021, p.69

11 OJ L89, 29.03.2019, p.1