Legalize / European Union / Regulation

Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (codification)

Type Regulation

Publication 2019-01-16

Last updated 2025-08-20

State In force

Department Council of the European Union, European Parliament

Source EUR-Lex

articles 36

Reform history JSON API

REGULATION (EU) 2019/125 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (codification)

CHAPTER I

SUBJECT MATTER AND DEFINITIONS

Article 1

Subject matter

This Regulation lays down Union rules governing trade with third countries in goods that could be used for the purpose of capital punishment or for the purpose of torture or other cruel, inhuman or degrading treatment or punishment, and rules governing the supply of brokering services, technical assistance, training and advertising related to such goods.

Article 2

Definitions

For the purposes of this Regulation:

(a) ‘torture’ means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from that person or from a third person information or a confession, punishing that person for an act that either that person or a third person has committed or is suspected of having committed, or intimidating or coercing that person or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted either by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. It does not, however, include pain or suffering arising only from, inherent in or incidental to, lawful penalties. Capital punishment is not deemed a lawful penalty under any circumstances;

(b) ‘other cruel, inhuman or degrading treatment or punishment’ means any act by which pain or suffering attaining a minimum level of severity, whether physical or mental, is inflicted on a person, when such pain or suffering is inflicted either by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. It does not, however, include pain or suffering arising only from, inherent in or incidental to, lawful penalties. Capital punishment is not deemed a lawful penalty under any circumstances;

(c) ‘law enforcement authority’ means any authority responsible for preventing, detecting, investigating, combating and punishing criminal offences, including, but not limited to, the police, any prosecutor, any judicial authority, any public or private prison authority and, where appropriate, any of the state security forces and military authorities;

(d) ‘export’ means any departure of goods from the customs territory of the Union, including the departure of goods that requires a customs declaration and the departure of goods after their storage in a free zone within the meaning of Regulation (EU) No 952/2013 of the European Parliament and of the Council (¹);

(e) ‘import’ means any entry of goods into the customs territory of the Union, including temporary storage, the placing in a free zone, the placing under a special procedure and the release for free circulation within the meaning of Regulation (EU) No 952/2013;

(f) ‘technical assistance’ means any technical support related to repairs, development, manufacture, testing, maintenance, assembly or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services. Technical assistance includes verbal forms of assistance and assistance provided by electronic means;

(g) ‘museum’ means a non-profit making, permanent institution in the service of society and of its development, and open to the public, which acquires, conserves, researches, communicates and exhibits, for purposes of study, education and enjoyment, material evidence of people and their environment;

(h) ‘competent authority’ means an authority of one of the Member States, as listed in Annex I, which is, in accordance with Article 20, entitled to make a decision on an application for an authorisation or to prohibit an exporter from using the Union general export authorisation;

(i) ‘applicant’ means: (1) the exporter, in the case of exports referred to in Article 3, 11 or 16; (2) the natural or legal person, entity or body transporting the goods within the customs territory of the Union, in the case of transit referred to in Article 5; (3) the supplier of technical assistance, in the case of supplies of technical assistance referred to in Article 3; (4) the museum that will display the goods, in the case of imports and supplies of technical assistance referred to in Article 4; (5) the supplier of technical assistance or the broker, in the case of supplies of technical assistance referred to in Article 15 or brokering services referred to in Article 19;

(j) ‘customs territory of the Union’ means the territory as laid down in Article 4 of Regulation (EU) No 952/2013;

(k) ‘brokering services’ means: (1) the negotiation or arrangement of transactions for the purchase, sale or supply of relevant goods from a third country to any other third country, or (2) the selling or buying of relevant goods that are located in a third country for their transfer to another third country. For the purposes of this Regulation, the sole provision of ancillary services is excluded from this definition. Ancillary services are transportation, financial services, insurance or re-insurance, or general advertising or promotion;

(l) ‘broker’ means any natural or legal person, entity or body, including a partnership, resident or established in a Member State that supplies services defined under point (k) from within the Union; any natural person having the nationality of a Member State, wherever resident, who supplies such services from within the Union; and any legal person, entity or body incorporated or constituted under the law of a Member State, wherever established, that supplies such services from within the Union;

(m) ‘supplier of technical assistance’ means any natural or legal person, entity or body, including a partnership, resident or established in a Member State that supplies technical assistance defined under point (f) from within the Union; any natural person having the nationality of a Member State, wherever resident, who supplies such assistance from within the Union; and any legal person, entity or body incorporated or constituted under the law of a Member State, wherever established, that supplies such assistance from within the Union;

(n) ‘exporter’ means any natural or legal person, entity or body, including a partnership, on whose behalf an export declaration is made, that is to say the person, entity or body, who, at the time when the export declaration is accepted, holds a contract with the consignee in the third country concerned and has the necessary power for determining the sending of the goods out of the customs territory of the Union. If no such contract has been concluded or if the holder of that contract does not act on its own behalf, the exporter means the person, entity or body who has the necessary power for determining the sending of the goods out of the customs territory of the Union. Where the benefit of a right to dispose of the goods belongs to a person, entity or body resident or established outside the Union pursuant to that contract, the exporter shall be considered to be the contracting party resident or established in the Union;

(o) ‘Union General Export Authorisation’ means an authorisation for exports as defined under point (d) to certain countries which is available to all exporters who respect conditions and requirements for its use as listed in Annex V;

(p) ‘individual authorisation’ means an authorisation granted to: (1) one specific exporter for exports as defined under point (d) to one end-user or consignee in a third country and covering one or more goods; (2) one specific broker for the supply of brokering services as defined under point (k) to one end-user or consignee in a third country and covering one or more goods; or (3) a natural or legal person, entity or body transporting goods within the customs territory of the Union for transit as defined under point (s);

(q) ‘global authorisation’ means an authorisation granted to one specific exporter or broker in respect of a type of goods listed in Annex III or in Annex IV, which may be valid for: (1) exports as defined under point (d) to one or more specified end-users in one or more specified third countries; (2) exports as defined under point (d) to one or more specified distributors in one or more specified third countries, where the exporter is a manufacturer of goods included in point 3.2 or 3.3. of Annex III or in Section 1 of Annex IV; (3) the supply of brokering services related to transfers of goods which are located in a third country, to one or more specified end-users in one or more specified third countries; (4) the supply of brokering services related to transfers of goods which are located in a third country, to one or more specified distributors in one or more specified third countries, where the broker is a manufacturer of goods included in point 3.2 or 3.3. of Annex III or in Section 1 of Annex IV;

(r) ‘distributor’ means an economic operator performing wholesale activities in relation to goods listed in point 3.2 or 3.3 of Annex III or in Section 1 of Annex IV, such as procuring such goods from manufacturers or holding, supplying or exporting such goods; wholesale activities of such goods do not include procurement by either a hospital, a pharmacist or a medical professional for the sole purpose of supplying such goods to the public;

(s) ‘transit’ means a transport within the customs territory of the Union of non-Union goods which pass through the customs territory of the Union with a destination outside the customs territory of the Union.

CHAPTER II

GOODS WHICH HAVE NO PRACTICAL USE OTHER THAN FOR THE PURPOSES OF CAPITAL PUNISHMENT, TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

Article 3

Export prohibition

Annex II shall comprise goods which have no practical use other than for the purpose of capital punishment or for the purpose of torture and other cruel, inhuman or degrading treatment or punishment.

A supplier of technical assistance shall be prohibited from supplying technical assistance related to goods listed in Annex II to any person, entity or body in a third country, whether for consideration or not.

Article 4

Import prohibition

The acceptance by a person, entity or body in the Union of technical assistance related to goods listed in Annex II supplied from a third country, whether for consideration or not, by any person, entity or body shall be prohibited.

Article 5

Prohibition of transit

Article 6

Prohibition of brokering services

A broker shall be prohibited from supplying to any person, entity or body in a third country, brokering services in relation to goods listed in Annex II, irrespective of the origin of such goods.

Article 7

Prohibition of training

A supplier of technical assistance or a broker shall be prohibited from supplying or offering to any person, entity or body in a third country, training on the use of goods listed in Annex II.

Article 8

Trade fairs

It shall be prohibited for any natural or legal person, entity or body, including a partnership, whether resident or established in a Member State or not, to display or offer for sale any of the goods listed in Annex II in an exhibition or fair taking place in the Union, unless it is demonstrated that, given the nature of the exhibition or fair, such display or offering for sale is neither instrumental in nor promotes the sale or supply of the relevant goods to any person, entity or body in a third country.

Article 9

Advertising

It shall be prohibited for any natural or legal person, entity or body, including a partnership, that is resident or established in a Member State and sells or purchases advertising space or advertising time from within the Union, for any natural person who has the nationality of a Member State and sells or purchases advertising space or advertising time from within the Union, and for any legal person, entity or body incorporated or constituted under the law of a Member State, that sells or purchases advertising space or advertising time from within the Union, to sell to or purchase from any person, entity or body in a third country advertising space in print media or on the Internet or advertising time on television or radio in relation to goods listed in Annex II.

Article 10

National measures

CHAPTER III

GOODS THAT COULD BE USED FOR THE PURPOSE OF TORTURE OR OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

Article 11

Export authorisation requirement

Annex III shall only comprise the following goods that could be used for the purpose of torture or other cruel, inhuman or degrading treatment or punishment:

(a) goods which are primarily used for law enforcement purposes;

(b) goods which, taking into account their design and technical features, present a material risk of use for torture or other cruel, inhuman or degrading treatment or punishment.

Annex III shall not include:

(a) firearms controlled by Regulation (EU) No 258/2012;

(b) dual-use items controlled by Regulation (EC) No 428/2009;

Article 12

Criteria for granting export authorisations

The competent authority shall take into account:

(a) available international court judgements;

(b) findings of the competent bodies of the UN, the Council of Europe and the EU, and reports of the Council of Europe's European Committee for the Prevention of Torture and Inhuman or Degrading Treatment and Punishment and of the UN Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment.

Other relevant information, including available national court judgements, reports or other information prepared by civil society organisations and information on restrictions on exports of goods listed in Annexes II and III applied by the country of destination, may be taken into account.

If the manufacturer of goods listed in point 3.2 or 3.3 of Annex III requests an authorisation for exporting such goods to a distributor, the competent authority shall make an assessment of the contractual arrangements made by the manufacturer and the distributor and of the measures that they are taking to ensure that these goods and, if applicable, the products in which they will be incorporated will not be used for torture or other cruel, inhuman or degrading treatment or punishment.

If an authorisation is requested for exporting goods listed in point 3.2 or 3.3 of Annex III to an end-user, the competent authority may, when assessing the risk of diversion, take into account the contractual arrangements that apply and the end-use statement signed by the end-user, if such a statement is provided. If no end-use statement is provided, it shall be up to the exporter to demonstrate who will be the end-user and what use will be made of the goods. If the exporter fails to provide sufficient information on the end-user and the end-use, the competent authority shall be deemed to have reasonable grounds to believe that the goods might be used for torture or other cruel, inhuman or degrading treatment or punishment.

Article 13

Prohibition of transit

A natural or legal person, entity or body, including a partnership, whether resident or established in a Member State or not, shall be prohibited from executing the transit of goods listed in Annex III, if he, she or it knows that any part of a shipment of such goods is intended to be used for torture or other cruel, inhuman or degrading treatment or punishment in a third country.

Article 14

National measures

Article 15

Authorisation requirement for certain services

An authorisation shall be required for any supply, by a supplier of technical assistance or a broker, respectively, of one of the following services to any person, entity or body in a third country, whether for consideration or not:

(a) technical assistance related to goods listed in Annex III, irrespective of the origin of such goods; and

(b) brokering services related to goods listed in Annex III, irrespective of the origin of such goods.

When deciding on applications for an authorisation for the supply of technical assistance related to goods listed in Annex III, the criteria set out in Article 12 shall be taken into account to assess:

(a) whether the technical assistance would be supplied to a person, entity or body that might use the goods to which the technical assistance relates for torture or other cruel, inhuman or degrading treatment or punishment; and

(b) whether the technical assistance would be used to repair, develop, manufacture, test, maintain or assemble goods listed in Annex III for, or to supply technical assistance to, a person, entity or body that might use the goods to which the technical assistance relates for torture or other cruel, inhuman or degrading treatment or punishment.

Paragraph 1 shall not apply to the supply of technical assistance, if

(a) the technical assistance is supplied to a law enforcement authority of a Member State or to military or civil personnel of a Member State as described in the first sentence of Article 11(3);

(b) the technical assistance consists of providing information that is in the public domain; or

(c) the technical assistance is the minimum necessary for the installation, operation, maintenance or repair of those goods listed in Annex III whose export has been authorised by a competent authority in accordance with this Regulation.

CHAPTER IV

GOODS THAT COULD BE USED FOR THE PURPOSE OF CAPITAL PUNISHMENT

Article 16

Export authorisation requirement

Annex IV shall only comprise goods that could be used for the purpose of capital punishment and have been approved or actually used for capital punishment by one or more third countries that have not abolished capital punishment. It shall not include:

(a) firearms controlled by Regulation (EU) No 258/2012;

(b) dual-use items controlled by Regulation (EC) No 428/2009 and

Article 17

Criteria for granting export authorisations

If the manufacturer of goods listed in Section 1 of Annex IV requests an authorisation for exporting such products to a distributor, the competent authority shall make an assessment of the contractual arrangements made by the manufacturer and the distributor and of the measures that they are taking to ensure that the goods will not be used for capital punishment.

If an authorisation is requested for exporting goods listed in Section 1 of Annex IV to an end-user, the competent authority may, when assessing the risk of diversion, take into account the contractual arrangements that apply and the end-use statement signed by the end-user, if such a statement is provided. If no end-use statement is provided, it shall be up to the exporter to demonstrate who will be the end-user and what use will be made of the goods. If the exporter fails to provide sufficient information on the end-user and the end-use, the competent authority shall be deemed to have reasonable grounds to believe that the goods might be used for capital punishment.

The Commission, in cooperation with competent authorities of the Member States, may adopt best practice guidelines on the assessment of end-use and of the purpose for which technical assistance would be used.

Article 18

Prohibition of transit

A natural or legal person, entity or body, including a partnership, whether resident or established in a Member State or not, shall be prohibited from executing the transit of goods listed in Annex IV, if he, she or it knows that any part of a shipment of such goods is intended to be used for capital punishment in a third country.

Article 19

Authorisation requirement for certain services

(a) technical assistance related to goods listed in Annex IV, irrespective of the origin of such goods; and

(b) brokering services related to goods listed in Annex IV, irrespective of the origin of such goods.

When deciding on applications for an authorisation for the supply of technical assistance related to goods listed in Annex IV, the criteria set out in Article 17 shall be taken into account to assess:

(a) whether the technical assistance would be supplied to a person, entity or body that might use the goods to which the technical assistance relates for capital punishment; and

(b) whether the technical assistance would be used to repair, develop, manufacture, test, maintain or assemble goods listed in Annex IV for, or supply technical assistance to, a person, entity or body that might use the goods to which the technical assistance relates for capital punishment.

Paragraph 1 shall not apply to the supply of technical assistance, if

(a) the technical assistance consists of providing information that is in the public domain; or

(b) the technical assistance is the minimum necessary for the installation, operation, maintenance or repair of those goods listed in Annex IV whose export has been authorised by a competent authority in accordance with this Regulation.

CHAPTER V

AUTHORISATION PROCEDURES

Article 20

Types of authorisations and issuing authorities

The competent authority of the Member State where the exporter is resident or established may prohibit the exporter from using this authorisation, if there is reasonable suspicion about the exporter's ability to comply with the terms of this authorisation or with a provision of the export control legislation.

The competent authorities of the Member States shall exchange information on all exporters deprived of the right to use the Union General Export Authorisation, unless they determine that a specific exporter will not attempt to export goods listed in Annex IV through another Member State. A secure and encrypted system for exchange of information shall be used for this purpose.

An authorisation for the supply of technical assistance related to goods listed in Annex II shall be granted by:

(a) the competent authority of the Member State where the supplier of technical assistance is resident or established, as listed in Annex I, or, if there is no such Member State, the competent authority of the Member State of which the supplier of technical assistance is a national or under whose law it has been incorporated or constituted, if the assistance is to be supplied to a museum in a third country; or

(b) the competent authority of the Member State where the museum is established, as listed in Annex I, if the assistance is to be supplied to a museum in the Union.

As regards exports, the competent authorities shall receive complete information in particular on the end-user, the country of destination and the end-use of the goods.

As regards brokering services the competent authorities shall in particular receive details of the location of the goods in the originating third country, a clear description of the goods and the quantity involved, third parties involved in the transaction, the third country of destination, the end-user in that country and its exact location.

The granting of an authorisation may be subject to an end-use statement, if appropriate.

Article 21

Authorisations

Article 22

Customs formalities

Article 23

Notification and consultation requirement

CHAPTER VI

GENERAL AND FINAL PROVISIONS

Article 24

Amendment of Annexes

The Commission is empowered to adopt delegated acts in accordance with Article 29, to amend Annexes I, II, III, IV, V, VI, VII, VIII and IX. The data in Annex I regarding competent authorities of the Member States shall be amended on the basis of information supplied by the Member States.

Where, in the case of amendment of Annex II, III, IV or V, imperative grounds of urgency so require, the procedure provided for in Article 30 shall apply to delegated acts adopted pursuant to this Article.

Article 25

Requests for adding goods to one of the lists of goods

Each Member State may address a duly substantiated request to the Commission to add goods designed or marketed for law enforcement to Annex II, Annex III or Annex IV. Such a request shall include information on:

(a) the design and characteristics of the goods;

(b) all the purposes for which they can be used; and

When addressing its request to the Commission, the requesting Member State shall also forward that request to the other Member States.

Article 26

Exchange of information between Member States' authorities and the Commission

Article 27

Processing of personal data

Personal data shall be processed and exchanged in accordance with the rules laid down in Regulation (EU) 2016/679 and Regulation (EU) 2018/1725.

Article 28

Use of information

Without prejudice to Regulation (EC) No 1049/2001 of the European Parliament and of the Council (²) and national legislation on public access to documents, information received pursuant to this Regulation shall be used only for the purpose for which it was requested.

Article 29

Exercise of the delegation

Article 30

Urgency procedure

Article 31

Anti-Torture Coordination Group

The annual report shall be drawn up paying due regard to the need not to undermine the commercial interests of natural or legal persons. The discussions in the Anti-Torture Coordination Group shall be kept confidential.

Article 32

Review

Special sections of the report shall deal with:

(a) the Anti-Torture Coordination Group and its activities. The report shall be drawn up paying due regard to the need not to undermine the commercial interests of natural or legal persons. The discussions in the group shall be kept confidential;

(b) information on the measures taken by the Member States pursuant to Article 33(1) and notified to the Commission pursuant to Article 33(2).

Article 33

Penalties

Article 34

Territorial scope

This Regulation shall have the same territorial scope of application as the Treaties, except for the first subparagraph of Article 3(1), the first subparagraph of Article 4(1), Articles 5, 11, 13, 14, 16 and 18, Article 20(1) to (4) and Article 22, which shall apply to:

— the customs territory of the Union;

— the Spanish territories of Ceuta and Melilla;

— the German territory of Helgoland.

Article 35

Repeal

Regulation (EC) No 1236/2005 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XI.

Article 36

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

LIST OF AUTHORITIES REFERRED TO IN ARTICLES 20 AND 23, AND ADDRESS FOR NOTIFICATIONS TO THE EUROPEAN COMMISSION

A. Authorities of the Member States

Federale Overheidsdienst Economie, K.M.O., Middenstand en Energie

Algemene Directie Economische Analyses en Internationale Economie

Dienst Vergunningen

Vooruitgangstraat 50

B-1210 Brussel

BELGIË

Service public fédéral économie, PME, classes moyennes et énergie

Direction générale des analyses économiques et de l’économie nationale

Service licences

Rue du Progrès 50

B-1210 Bruxelles

BELGIQUE

Tel. +32 22776512

Email: vincent.wuyts@economie.fgov.be

Министерство на икономиката

ул. ‘Славянска’ № 8

1052 София/Sofia

БЪЛГАРИЯ/BULGARIA

Ministry of Economy

8, Slavyanska Str.

1052 Sofia

BULGARIA

Tel. +359 29407771

Fax +359 29880727

E-mail: exportcontrol@mi.government.bg

Ministerstvo průmyslu a obchodu

Licenční správa

Na Františku 32

110 15 Praha 1

ČESKÁ REPUBLIKA

Tel. +420 224907638

Fax +420 224214558

E-mail: dual@mpo.cz

Annex III, No 2 and 3

Justitsministeriet

Slotsholmsgade 10

DK-1216 København K

DANMARK

Tel. +45 72268400

Fax +45 33933510

E-mail: jm@jm.dk

Annex II and Annex III, No 1

Erhvervs- og Vækstministeriet

Erhvervsstyrelsen

Eksportkontrol

Langelinie Allé 17

DK-2100 København Ø

DANMARK

Tel. +45 35291000

Fax +45 35291001

E-mail: eksportkontrol@erst.dk

Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA)

Frankfurter Straße 29—35

D-65760 Eschborn

DEUTSCHLAND

Tel. +49 6196 908 2217

Fax +49 6196 908 1800

E-mail: ausfuhrkontrolle@bafa.bund.de

Strateegilise kauba komisjon

Islandi väljak 1

15049 Tallinn

EESTI/ESTONIA

Tel. +372 6377192

Fax +372 6377199

E-mail: stratkom@vm.ee

Ceadúnú agus Rialú Trádála

An Rionn Gnó, Fiontar agus Nuálaíochta

Ionad Phort an Iarla

Sráid Haiste Íochtarach

Baile Átha Cliath 2

D02 PW01

ÉIRE

Tel. +353 16312121

Email: exportcontrol@dbei.gov.ie

Trade Licensing and Control

Department of Business, Enterprise and Innovation

Earlsfort Centre

Lower Hatch Street

Dublin 2

D02 PW01

Ireland

Tel. +353 16312121

Email: exportcontrol@dbei.gov.ie

Υπουργείο Ανάπτυξης, Ανταγωνιστικότητας, Υποδομών, Μεταφορών και Δικτύων

Γενική Διεύθυνση Διεθνούς Οικονομικής Πολιτικής

Διεύθυνση Καθεστώτων Εισαγωγών-Εξαγωγών, Εμπορικής Άμυνας

Ερμού και Κορνάρου 1,

GR-105 63 Αθήνα/Athens

ΕΛΛΑΔΑ/GREECE

Ministry of Development, Competitiveness, Infrastructure, Transport and Networks

General Directorate for International Economic Policy

Directorate of Import-Export Regimes, Trade Defence Instruments

Ermou and Kornarou 1,

GR-105 63 Athens

GREECE

Tel. +30 2103286021-22, +30 2103286051-47

Fax +30 2103286094

E-mail: e3a@mnec.gr, e3c@mnec.gr

Subdirección General de Comercio Internacional de Material de Defensa y Doble Uso

Secretaría de Estado de Comercio

Ministerio de Economía y Competitividad

Paseo de la Castellana 162, planta 7

E-28046 Madrid

ESPAÑA

Tel. +34 913492587

Fax +34 913492470

E-mail: sgdefensa.sscc@comercio.mineco.es

Service des biens à double usage (SBDU)

67, rue Barbès – BP 8000

194201 IVRY-SUR-SEINE Cedex

FRANCE

Tél.: +33 179843419

Email: doublusage@finances.gouv.fr

Ministarstvo vanjskih i europskih poslova

Uprava za gospodarske poslove i razvojnu suradnju

Služba za izvoznu kontrolu

Trg Nikole Šubića Zrinskog 7-8

10000 Zagreb

HRVATSKA

Tel. +385 14598135(137)

Fax +385 16474553

Adresa e-pošte: kontrola.izvoza@mvep.hr

Divisione Materiali a duplice uso

Autorità nazionale – Unità per le autorizzazioni dei materiali di armamento (UAMA)

Ministero degli affari esteri e della cooperazione internazionale

Viale Boston, 25 – 00144 Roma

ITALY

Tel. +39 0659932439

Fax +39 0659647506

Email: uama.dualuse@cert.esteri.it

Yπουργείο Ενέργειας, Εμπορίου, Βιομηχανίας και Τουρισμού

Υπηρεσία Εμπορίου

Κλάδος Έκδοσης Αδειών Εισαγωγών/Εξαγωγών

Ανδρέα Αραούζου 6

CY-1421 Λευκωσία

ΚΥΠΡΟΣ/CYPRUS

Ministry of Energy, Commerce, Industry and Tourism

Trade Service

Import/Export Licensing Section

6 Andreas Araouzos Street

CY-1421 Nicosia

CYPRUS

Tel. +357 22867100, +357 22867197, +357 22867332

Fax +357 22375443

E-mail: ts@mcit.gov.cy, pevgeniou@mcit.gov.cy

Ārlietu ministrija

K. Valdemāra iela 3

LV-1395 Rīga

LATVIJA

Tel. +371 67016426

Fax +371 67828121

E-mail: mfa.cha@mfa.gov.lv

Policijos departamento prie Vidaus reikalų ministerijos

Viešosios policijos valdybos Licencijavimo skyrius

Saltoniškių g. 19

LT-08105 Vilnius

LIETUVA/LITHUANIA

Tel. +370 82719767

Fax +370 52719976

E-mail: leidimai.pd@policija.lt

Ministère de l'Économie

Office des Licences

19-21, boulevard Royal

L-2449 Luxembourg

BP 113/L-2011 Luxembourg

LUXEMBOURG

Tel. +352 22 61 62

Fax +352 46 61 38

E-mail: office.licences@eco.etat.lu

Budapest Főváros Kormányhivatala

Kereskedelmi, Haditechnikai, Exportellenőrzési és Nemesfémhitelesítési Főosztálya

Németvölgyi út 37–39.

H-1124 Budapest

MAGYARORSZÁG

Tel. +36 14585599

Fax +36 14585885

Email: armstrade@bfkh.gov.hu

Dipartiment tal-Kummerċ

Servizzi ta' Kummerċ

Lascaris

Valletta VLT2000

MALTA

Commerce Department

Trade Services

Lascaris

Valletta VLT2000

MALTA

Tel. +356 21242270

Fax +356 25690286

Ministerie van Buitenlandse Zaken

Directoraat-Generaal Buitenlandse Economische Betrekkingen

Directie Internationale Marktordening en Handelspolitiek

Rijnstraat 8

Postbus 20061

2500 EB Den Haag

NEDERLAND

Tel. +31 703485954

Bundesministerium für Digitalisierung und Wirtschaftsstandort

Abteilung ‘Außenwirtschaftskontrollen’ III/2

Stubenring 1

A-1010 Wien

ÖSTERREICH

Tel. +43 171100802067

Fax +43 171100808386

Email: aussenwirtschaftskontrollen@bmdw.gv.at

Minister właściwy do spraw gospodarki

Ministerstwo Rozwoju

Departament Obrotu Towarami Wrażliwymi i Bezpieczeństwa Technicznego

Plac Trzech Krzyży 3/5

00-507 Warszawa

POLSKA

Tel. +48 224119665

Faks +48 224119140

Email: SekretariatDOT@mr.gov.pl

Ministério das Finanças

AT- Autoridade Tributária e Aduaneira

Direcção de Serviços de Licenciamento

Rua da Alfândega, n. 5, r/c

P-1149-006 Lisboa

PORTUGAL

Tel. +351 218813843

Fax +351 218813986

E-mail: dsl@at.gov.pt

Ministerul Economiei, Energiei și Mediului de Afaceri

Direcția Politici Comerciale

Calea Victoriei nr. 152

București, sector 1

Cod poștal 010096

ROMÂNIA

Tel. +40 214010596, +40 214010523

Email: dgre@dce.gov.ro, miruna.popescu@dce.gov.ro

Ministrstvo za gospodarski razvoj in tehnologijo

Direktorat za notranji trg, Sektor za trgovinsko politiko

Kotnikova 5

1000 Ljubljana

REPUBLIKA SLOVENIJA

Tel. +386 1 400 3564;

Fax +386 1 400 3588

Ministry for Economic Development and Technology

Directorate for Internal Market, Trade Policy Division

Kotnikova 5

1000 Ljubljana

THE REPUBLIC OF SLOVENIA

Tel. +386 1 400 3564;

Fax +386 1 400 3588

Ministerstvo hospodárstva Slovenskej republiky

Odbor výkonu obchodných opatrení

Mlynské nivy 44/a

827 15 Bratislava

Slovensko

Tel. +421 248542172

Fax +421 243423915

email: patricia.monosiova@mhsr.sk

Sisäministeriö

Poliisiosasto

PL 26

FI-00023 Valtioneuvosto

FINLAND

Inrikesministeriet

Polisavdelningen

PB 26

FI-00023 Statsrådet

SUOMI/FINLAND

Tel. +358 295 480 171

Fax +358 9 160 44635

E-mail: kirjaamo@intermin.fi

Kommerskollegium

PO Box 6803

SE-113 86 Stockholm

SVERIGE

Tel. +46 86904800

Fax +46 8306759

E-mail: registrator@kommers.se

B. Address for notifications to the European Commission

European Commission

Service for Foreign Policy Instruments

EEAS 02/290

B-1049 Bruxelles/Brussel

BELGIUM

Email: FPI-ANTI-TORTURE@ec.europa.eu

C. Authority of the United Kingdom in respect of Northern Ireland

UNITED KINGDOM, subject to the application of this Regulation to and in the United Kingdom in respect of Northern Ireland, in accordance with Article 5(4), read in conjunction with Annex 2, point 47, of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and from the European Atomic Energy Community, as of 1 January 2021

Import of goods listed in Annex II:

Department for International Trade (DIT)

Import Licensing Branch (ILB)

Email: enquiries.ilb@trade.gov.uk

Export of goods and supply of assistance related to goods listed in Annexes II, III or IV:

Department for International Trade

Export Control Joint Unit

3 Whitehall Place

London

SW1A 2AW

UNITED KINGDOM

Tel. +44 2072154594

Email: eco.help@trade.gov.uk

ANNEX II

Introductory Notes:

The ‘ ‘CN codes’ ’ in this Annex refer to codes specified in Part Two of Annex I to Council Regulation (EEC) No 2658/87 (³).

Where ‘ ‘ex’ ’ precedes the CN code, the goods covered by this Regulation constitute only a part of the scope of the CN code and are determined by both the description given in this Annex and the scope of the CN code.

Notes:

Items 1.3 and 1.4 in Section 1 concerning goods designed for the execution of human beings do not cover medical-technical goods.

The object of the controls contained in this Annex should not be defeated by the export of any non-controlled goods (including plants) containing one or more controlled components when the controlled component or components are the principal element of the goods and can feasibly be removed or used for other purposes.

NB: In judging whether the controlled component or components are to be considered the principal element, it is necessary to weigh the factors of quantity, value and technological know-how involved and other special circumstances which might establish the controlled component or components as the principal element of the goods being procured.

CN code	Description
	1. Goods designed for the execution of human beings, as follows:
ex 4421 99 ex 8208 90 00	1.1. Gallows, guillotines, and blades for guillotines
ex 8543 70 90 ex 9401 79 00 ex 9401 80 00 ex 9402 10 00	1.2. Electric chairs for the purpose of execution of human beings
ex 9406 20 00 ex 9406 90 38 ex 9406 90 90	1.3. Airtight vaults, made of e.g., steel and glass, designed for the purpose of execution of human beings by the administration of a lethal gas or substance.
ex 8413 81 00 ex 9018 90 50 ex 9018 90 60 ex 9018 90 84	1.4. Automatic drug injection systems designed for the purpose of execution of human beings by the administration of a lethal chemical substance
	2. Goods which are not suitable for use by law enforcement authorities to restrain human beings, as follows:
ex 8543 70 90	2.1. Electric shock devices which are intended to be worn on the body by a restrained individual, such as belts, sleeves, and cuffs, designed for restraining human beings by the administration of electric shocks.
ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 ex 4017 00 00	2.2. Thumb-cuffs, finger-cuffs, thumbscrews, and finger-screws. Note: This item includes both serrated and non-serrated cuffs and screws.
ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 ex 6217 10 00 ex 6307 90 98 ex 4017 00 00	2.3. Bar fetters, weighted leg restraints and gang chains comprising bar fetters or weighted leg restraints. Notes: 1. Bar fetters are shackles or ankle rings fitted with a locking mechanism, linked by a rigid bar which is typically made of metal. 2. This item includes bar fetters and weighted leg restraints which are linked to ordinary handcuff by means of a chain.
ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 ex 6217 10 00 ex 6307 90 98 ex 7315 81 00 ex 7315 82 00 ex 7315 89 00 ex 4017 00 00	2.4. Gang chains Note: Gang chains comprise multiple pairs of handcuffs, leg cuffs, belly chains, or a combination of these, attached to a single chain (often made of metal), restraining several people together in a chain.
ex 7326 90 98 ex 7616 99 90 ex 7315 81 00 ex 7315 82 00 ex 7315 89 00	2.5. Leg irons Note: Leg irons are non-adjustable metal rings or other non-adjustable metal restraints that are fixed around a prisoner’s ankles, normally by means of a bolt or screw arrangement. They can be hinged or unhinged and are normally linked with a chain. (They are distinct from leg cuffs which can be adjusted on a detainee’s ankle (Annex III, 1.3)).
ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 ex 6217 10 00 ex 6307 90 98 ex 4017 00 00	2.6. Cuffs for restraining human beings, designed to be anchored to a wall, floor or ceiling
ex 9401 61 00 ex 9401 69 00 ex 9401 71 00 ex 9401 79 00 ex 9401 80 00 ex 9402 10 00	2.7. Restraint chairs: chairs fitted with shackles or other devices to restrain a human being. Note: This item does not prohibit chairs only fitted with straps or belts
ex 9402 90 00 ex 9403 20 80 ex 9403 50 00 ex 9403 60 00 ex 9403 89 00	2.8. Shackle boards and shackle beds: boards and beds fitted with shackles or other devices to restrain a human being. Note: This item does not prohibit boards and beds only fitted with straps or belts
ex 9402 90 00 ex 9403 50 00 ex 9403 60 00 ex 9403 70 00 ex 9403 89 00	2.9. Cage beds: beds comprising a cage (four sides and a ceiling) or similar structure enclosing a human being within the confines of the bed, the ceiling or one or more of the sides of which are fitted with metal or other bars, and which can only be opened from outside
ex 9402 90 00 ex 9403 20 20 ex 9403 50 00 ex 9403 60 90 ex 9403 70 00 ex 9403 89 00	2.10. Net beds: beds comprising a cage (four sides and a ceiling) or similar structure enclosing a human being within the confines of the bed, the ceiling or one or more sides of which are fitted with nets, and which can only be opened from outside
ex 6505 00 10 ex 6505 00 90 ex 6506 91 00 ex 6506 99 10 ex 6506 99 90 ex 6217 10 00 ex 6307 90 98	2.11. Hoods and blindfolds solely designed for law enforcement purposes to block the vision and/or enclose the face of a person/detainee, including such hoods and blindfolds when linked by a chain to ordinary handcuffs or other restraints. Note: This item does not include spit hoods which are controlled in Annex III 1.4.
	3. Portable devices which are not suitable for use by law enforcement authorities for the purpose of riot control or self-protection, as follows:
ex 9304 00 00	3.1. Batons or truncheons made of metal or other material having a shaft with metal spikes
ex 7326 90 98 ex 4205 00 90 ex 6602 00 00 ex 7326 90 98 ex 7806 00 80 ex 4203 29 90 ex 4015 19 00	3.2. Weighted batons or batons encased in thick leather or rubber with additional weighting designed to increase kinetic impact to the target and weighted gloves or other similar devices Notes: 1. Weighted baton: A flat device consisting of metal (spring steel) encased in thick leather or rubber and used for slapping or striking a person; or a short baton consisting of spring steel encased in leather, sometimes weighted at one end with lead shot, and used for striking a person. 2. Weighted gloves are usually made of leather and have powdered steel or lead sewn into the material over the knuckle, fingers, or back of the hand.
ex 4421 91 00 ex 4421 99 99 ex 3926 90 97 ex 6602 00 00	3.3. Lathis Note: Lathis are long flexible batons (over 1m long), traditionally made of wood or bamboo but also polycarbonate of the kind used as a weapon by police officers.
ex 3926 90 97 ex 7326 90 98	3.4. Shields with metal spikes
ex 3926 20 00 ex 7326 90 98 ex 7616 99 90 ex 4017 00 00	3.5. Body armour with spikes or serrations made of metal or other hard material. Note: This item does not control body armours with load-bearing systems featuring parts made of metal or other hard material used to attach or carry equipment.
	4. Whips as follows:
ex 6602 00 00	4.1. Whips comprising multiple lashes or thongs, such as knouts or cats o’nine tails.
ex 6602 00 00	4.2. Whips having one or more lashes or thongs fitted with barbs, hooks, spikes, metal wire or similar objects enhancing the impact of the lash or thong.
ex 6602 00 00	4.3. ‘‘Sjamboks’’ Note: This item alludes to a type of heavy whip, traditionally made of leather, or of other materials, such as plastic. This item does not cover instruments traditionally used for herding animals.
	5. Weapons and equipment disseminating incapacitating or irritating chemicals or impact projectiles and related ammunition which are not suitable for use by law enforcement authorities for the purpose of riot control or self-protection.
ex 8424 20 00 ex 8424 89 70 ex 9304 00 00	5.1. Fixed equipment for the dissemination of incapacitating or irritating chemical substances in enclosed spaces, which can be attached to a wall or to a ceiling inside a building, comprises a canister of irritating or incapacitating chemical agents and is activated using a remote-control system. Note: This item alludes to equipment or devices of the kind used in prisons and other places of detention. It does not prohibit fixed equipment designed for the dissemination of blinding substances (such as water vapour or fog), that do not cause direct physical harm, used in commercial or private enclosed spaces for the purpose of burglary prevention.
ex 9301 10 00 ex 9301 20 00 ex 9301 90 00 ex 9302 00 00 ex 9303 10 00 ex 9303 20 10 ex 9303 20 95 ex 9303 30 00 ex 9303 90 00 ex 9304 00 00 ex 9306 21 00 ex 9306 29 00 ex 9306 30 10 ex 9306 30 30 ex 9306 30 90 ex 9306 90 10 ex 9306 90 90	5.2. Equipment and explosive projectiles for dispensing injurious quantities of riot control agents from aerial platforms. Note: This item does not control smoke grenades and does not control aerial platforms as such. This item includes equipment where the mode of dispersal is inherently inaccurate, or the equipment or projectiles are able to disperse amounts of riot control agent that are injurious.

ANNEX III

Introductory Notes:

The CN codes in this Annex refer to codes specified in Part Two of Annex I to Regulation (EEC) No 2658/87.

Notes:

The object of the controls contained in this Annex should not be defeated by the export of any non-controlled goods (including plant) containing one or more controlled components when the controlled component or components are the principal element of the goods and can feasibly be removed or used for other purposes.

In some instances, chemicals are listed by name and CAS number. The list applies to chemicals of the same structural formula (including hydrates) regardless of name or CAS number. CAS numbers are shown to assist in identifying a particular chemical or mixture, irrespective of nomenclature. CAS numbers cannot be used as unique identifiers because some forms of the listed chemical have different CAS numbers, and mixtures containing a listed chemical may also have different CAS numbers.

CN code	Description
	1. Goods designed for restraining human beings, as follows:
ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 ex 6217 10 00 ex 6307 90 98 ex 7315 81 00 ex 7315 82 00 ex 7315 89 00 ex 4017 00 00	1.1. Shackles Notes: 1. Shackles are restraints consisting of two cuffs or rings fitted with a locking mechanism, with a connecting chain or bar. 2. This item does not control the leg restraints and gang chains prohibited by item 2.3 and 2.4 of Annex II. 3. This item does not control ‘ordinary handcuffs’. Ordinary handcuffs are handcuffs which meet all the following conditions: — their overall dimension including chain, measured from the outer edge of one cuff to the outer edge of the other cuff, is between 150 and 280 mm when both cuffs are locked; — the inside circumference of each cuff is a maximum of 165 mm when the ratchet is engaged at the last notch entering the locking mechanism; — the inside circumference of each cuff is a minimum of 200 mm when the ratchet is engaged at the first notch entering the locking mechanism; and — the cuffs have not been modified to cause physical pain or suffering.
ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 ex 6217 10 00 ex 6307 90 98 ex 4017 00 00	1.2. Individual cuffs or rings fitted with a locking mechanism, having an inside circumference exceeding 165 mm when the ratchet is engaged at the last notch entering the locking mechanism. Note: This item includes neck restraints and other individual cuffs or rings fitted with a locking mechanism, which are linked to ordinary handcuffs by means of a chain.
ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 ex 6217 10 00 ex 6307 90 98 ex 7315 81 00 ex 7315 82 00 ex 7315 89 00 ex 4017 00 00	1.3. Leg cuffs Notes: 1. Leg cuffs are restraints consisting of two cuffs, usually made of metal, fastened around the ankles, and attached by a chain to allow the detainee some movement. The cuff size is usually larger than those ordinary handcuffs and is adjustable. 2. This item does not control leg restraints and gang chains prohibited by items 2.3, 2.4, 2.5 and 2.6 of Annex II.
ex 6505 00 10 ex 6505 00 90 ex 6506 91 00 ex 6506 99 10 ex 6506 99 90	1.4. Spit hoods: hoods, including hoods made of netting, comprising a cover of the mouth which prevents spitting. Note: This item includes spit hoods which are linked to ordinary handcuffs by means of a chain.
	2. Weapons and devices designed for the purpose of law enforcement including riot control or self-protection, as follows:
ex 8543 70 90 ex 9304 00 00	2.1. Portable electric discharge weapons that can target only one individual each time an electric shock is administered, including but not limited to electric shock batons, electric shock shields, stun guns and electric shock dart guns Notes: 1. This item does not control electric shock belts and other devices falling within item 2.1 of Annex II. 2. This item does not control individual electronic shock devices when accompanying their user for the user’s own personal protection.
ex 8543 90 00 ex 9305 99 00	2.2. Kits containing all essential components for assembly of portable electric discharge weapons controlled by item 2.1. Note: The following goods are considered to be essential components: — the unit producing an electric shock, — the switch, whether or not on a remote control, and — the electrodes or, where applicable, the wires through which the electrical shock is to be administered.
ex 8543 70 90 ex 9304 00 00	2.3. Fixed or mountable electric discharge weapons that cover a wide area and can target multiple individuals with electrical shocks
ex 9303 90 00 ex 9304 00 00 ex 9306 30 90 ex 9306 90 90	2.4. Single shot kinetic impact projectile (KIP) launchers and associated kinetic impact projectiles Note: This item includes projectiles commonly known as rubber or plastic bullets or impact rounds, chemical irritant impact projectiles and beanbags. They come in different shapes and sizes include large and small balls or cylinders, and can be made of rubber, PVC, dense foam, or wood. This item does not control equipment controlled by items ML1, 2 and 12 of the Common Military List of the European Union.
ex 9301 10 00 ex 9301 20 00 ex 9301 90 00 ex 9302 00 00 ex 9303 10 00 ex 9303 20 10 ex 9303 20 95 ex 9303 30 00 ex 9303 90 00 ex 9304 00 00	2.5. Launchers and dissemination devices including multiple barrel launchers Note: This item includes multiple-barrel launchers that typically have between 2 and 36 barrels, and can be stand-alone or mounted onto vehicles, unmanned ground vehicles, or seafaring vessels. The launchers can be manually operated or operated by remote control, allowing for individual, sequential, or simultaneous firing of kinetic impact munitions or chemical irritants, resulting in rapid fire or bursts of fire. This item does not control equipment controlled by items ML1 and ML 2 of the Common Military List of the European Union.
ex 9306 21 00 ex 9306 29 00 ex 9306 30 10 ex 9306 30 30 ex 9306 30 90 ex 9306 90 10 ex 9306 90 90	2.6. Ammunition containing multiple kinetic impact projectiles Note: This item includes ammunition that can be made from rubber, plastic, or wood, and can vary in terms of their size, number, and shape. The number included in each can range from a small number of large balls or blocks to hundreds of small pellets. This item does not control equipment controlled by items ML1 and ML 2 of the Common Military List of the European Union.
	3. Weapons and equipment disseminating incapacitating or irritating chemicals for use by law enforcement authorities for the purpose of riot control or self-protection, as follows:
ex 8424 20 00 ex 8424 89 70 ex 9304 00 00	3.1. Portable weapons and equipment which either administer a dose of an incapacitating or irritating chemical substance that targets one individual or disseminate a dose of such substance affecting a small area, e.g. in the form of a spray fog or cloud, when the chemical substance is administered or disseminated. Notes: 1. This item does not control equipment controlled by item ML7(e) of the Common Military List of the European Union (¹). 2. This item does not control individual portable equipment, even if containing a chemical substance, when accompanying their user for the user’s own personal protection. 3. In addition to relevant chemical substances, such as riot control agents or PAVA, the goods controlled by items 3.3, 3.4 and 3.7 shall be deemed to be incapacitating or irritating chemical substances.
ex 2939 79 90	3.2. Pelargonic acid vanillylamide (PAVA) (CAS RN 2444-46-4) Note: This item does not control equipment controlled by item ML7(e) of the Common Military List of the European Union.
ex 3301 90 30 ex 1302 19 70	3.3. Oleoresin capsicum (OC) (CAS RN 8023-77-6) Note: This item does not control equipment controlled by item ML7(e) of the Common Military List of the European Union.
ex 3301 90 30 ex 3302 10 90 ex 3302 90 10 ex 3302 90 90 ex 3824 99 92	3.4. Mixtures containing at least 0,3 % by weight of PAVA or OC and a solvent (such as ethanol,1-propanol or hexane), which could be administered as such as incapacitating or irritating agents, in particular in aerosols and in liquid form, or used for manufacturing of incapacitating or irritating agents Notes: 1. This item does not control sauces and preparations therefor, soups or preparations therefor and mixed condiments or seasonings, provided that PAVA or OC is not the only constituent flavour in them. 2. This item does not control medicinal products for which a marketing authorisation has been granted in accordance with Union law (²)
ex 8424 20 00 ex 8424 89 70 ex 9304 00 00	3.5. Fixed or mountable equipment for the dissemination of incapacitating or irritating chemical agents that covers a wide area and is not designed to be attached to a wall or to a ceiling inside a building. Notes: 1. This item does not control equipment controlled by item ML7(e) of the Common Military List of the European Union. 2. This item also controls water cannons. 3. In addition to relevant chemical substances, such as riot control agents or PAVA, the goods controlled by items 3.3 and 3.4 shall be deemed to be incapacitating or irritating chemical substances.
ex 9306 21 00 ex 9306 29 00 ex 9306 30 10 ex 9306 30 30 ex 9306 30 90 ex 9306 90 10 ex 9306 90 90	3.6. Large calibre projectiles containing riot control agents. Note: This item includes projectiles containing riot control agents, notably OC and PAVA with a calibre above 56mm. The use of such items must be consistent with relevant provisions of the Chemical Weapons Convention, notably Article 2.1 and 2.9.d.
ex 2934 99 90 ex 2930 90 95 ex 2933 99 20 ex 2921 29 00 ex 2830 90 85 ex 3824 99 92 ex 3824 99 93 ex 3824 99 96	3.7. Malodorant chemical mixtures formulated to produce a foul and deeply unpleasant smell for riot control purposes provided they are non-injurious and have no long-lasting health effects. Notes: 1. This item is defined as being a mixture solely designed for law enforcement purposes containing at least one of the following range of chemicals formulated to produce a foul and deeply unpleasant smell and that can be dispersed by hand-held spray, grenades, launched projectiles, drones, and water cannon: 1. Thioacetone (CAS code 4756-05-2) 2. Allicin (CAS code 539-86-6) 3. Skatole (CAS code 83-34-1) 4. Cadaverine (CAS code 462-94-2) 5. Putrescine (CAS code 110-60-1) 6. Ammonium hydrosulfide (CAS code 12124-99-1) 7. Ethanethiol (CAS code 75-08-1) 8. Propanethiol (CAS code 107-03-9) 9. Isobutylthiol (CAS code 513-44-0) 10. Butanethiol (CAS code 109-79-5) 2. This item does not control malodorant chemical mixtures that are not intended for law enforcement purposes.
(¹) Last version adopted by the Council on 19 February 2024 (OJ C, C/2024/1945, 1.3.2024, ELI: http://data.europa.eu/eli/C/2024/1945/oj). (²) See in particular Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ L 136, 30.4.2004, p. 1, ELI: http://data.europa.eu/eli/reg/2004/726/oj) and Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67, http://data.europa.eu/eli/dir/2001/83/oj).

ANNEX IV

GOODS THAT COULD BE USED FOR THE PURPOSE OF CAPITAL PUNISHMENT REFERRED TO IN ARTICLE 16

CN code	Description
	1. Products which could be used for the execution of human beings by means of lethal injection, as follows:
	1.1. Short and intermediate acting barbiturate anaesthetic agents including, but not limited to:
ex 2933 53 90 [(a) to (f)] ex 2933 59 95 [(g) and (h)]	(a) amobarbital (CAS RN 57-43-2) (b) amobarbital sodium salt (CAS RN 64-43-7) (c) pentobarbital (CAS RN 76-74-4) (d) pentobarbital sodium salt (CAS 57-33-0) (e) secobarbital (CAS RN 76-73-3) (f) secobarbital sodium salt (CAS RN 309-43-3) (g) thiopental (CAS RN 76-75-5) (h) thiopental sodium salt (CAS RN 71-73-8), also known as thiopentone sodium
ex 3003 90 00 ex 3004 90 00 ex 3824 90 96	Note: This item also controls products containing one of the anaesthetic agents listed under short or intermediate acting barbiturate anaesthetic agents.

ANNEX V

UNION GENERAL EXPORT AUTHORISATION EU GEA 2019/125

PART 1 Goods

This general export authorisation covers the goods listed in any entry in Annex IV to Regulation (EU) 2019/125 of the European Parliament and of the Council (⁴).

It also covers supplies of technical assistance to the end-user to the extent that such assistance is necessary for the installation, operation, maintenance or repair of those goods whose export is authorised, if such assistance is provided by the exporter.

PART 2 Destinations

An export authorisation under Regulation (EU) 2019/125 is not required for supplies to a country or territory that is part of the customs territory of the Union, which for the purpose of this Regulation includes Ceuta, Helgoland and Melilla (Article 34(2)).

This general export authorisation is valid throughout the Union for exports to the following destinations:

— Faroe Islands,

— Greenland

— French Polynesia,

— French Southern and Antarctic Territories,

— New Caledonia and Dependencies,

— Saint-Barthélemy,

— Saint Pierre and Miquelon,

— Wallis and Futuna Islands

— Aruba,

— Bonaire,

— Curaçao,

— Saba,

— Sint Eustatius,

— Sint Maarten

— Anguilla,

— Bermuda,

— Falkland Islands,

— Gibraltar,

— Montserrat,

— Saint Helena and Dependencies,

— South Georgia and the South Sandwich Islands,

— Turks and Caicos Islands

PART 3 Conditions and requirements for using this general export authorisation

(1)This general export authorisation may not be used if:

(a) the exporter has been prohibited from using this general export authorisation in accordance with Article 20(1) of Regulation (EU) 2019/125;

(b) the competent authorities of the Member State in which the exporter is resident or established have informed the exporter that the goods in question are or may be intended, in their entirety or in part, either for re-export to a third country or to be used for the purpose of capital punishment in a third country;

(c) the exporter knows or has reasonable grounds to believe that the goods in question are intended, in their entirety or in part, either for re-export to a third country or to be used for the purpose of capital punishment in a third country;

(d) the relevant goods are exported to a customs free zone or free warehouse which is located in a destination covered by this general export authorisation;

(e) the exporter is the manufacturer of the medicinal products in question and has not concluded a legally binding agreement with the distributor requiring the latter to make all supplies and transfers subject to the conclusion of a legally binding agreement requiring, preferably subject to a dissuasive contractual penalty, the customer (i) not to use any of the goods received from the distributor for capital punishment; (ii) not to supply or transfer any of these goods to a third party, if the customer knows or has reasonable grounds to believe that the goods are intended to be used for the purpose of capital punishment; and (iii) to impose the same requirements on any third party to which the customer might supply or transfer any of these goods;

(f) the exporter is not the manufacturer of the medicinal products in question and has not obtained a signed end-user declaration from the end-user in the country of destination;

(g) the exporter of medicinal products has not concluded a legally binding agreement with the distributor or end-user requiring, preferably subject to a dissuasive contractual penalty, the distributor or, if the agreement was concluded by the end-user, the end-user to obtain prior authorisation from the exporter for (i) any transfer or supply of any part of the shipment to a law enforcement authority in a country or territory that has not abolished capital punishment; (ii) any transfer or supply of any part of the shipment to a natural or legal person, entity or body procuring relevant goods for or providing services involving use of such goods to such a law enforcement authority, and (iii) any re-export or transfer of any part of the shipment to a country or territory that has not abolished capital punishment; or

(h) the exporter of goods other than medicinal products has not concluded a legally binding agreement referred to in point (g), with the end-user.

(2)Exporters that use this general export authorisation EU GEA 2019/125 shall notify the competent authorities of the Member State where they are resident or established of their first use of this general export authorisation no later than 30 days after the date when the first export took place.

Exporters shall also report in the customs declaration the fact that they are using this general export authorisation EU GEA 2019/125 by indicating in box 44 the relevant code found in the TARIC database.

(3)Reporting requirements attached to the use of this general export authorisation and any additional information that the Member State from which the export is made might require on items exported under this general export authorisation are defined by Member States.

A Member State may require exporters resident or established in that Member State to register prior to the first use of this general export authorisation. Without prejudice to Article 20(1) of Regulation (EU) 2019/125, registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within ten working days of receipt.

ANNEX VI

LIST OF TERRITORIES OF MEMBER STATES REFERRED TO IN ARTICLE 11(2)

DENMARK:

— Greenland

FRANCE:

— New Caledonia and Dependencies,

— French Polynesia,

— French Southern and Antarctic Territories,

— Wallis and Futuna Islands,

— St Pierre and Miquelon

GERMANY:

— Büsingen

ANNEX VII

EXPORT OR IMPORT AUTHORISATION FORM REFERRED TO IN ARTICLE 21(1)

Technical specification:

The following form shall measure 210 × 297 mm with a maximum tolerance of 5 mm less and 8 mm more. The boxes are based on a unit of measurement of one tenth of an inch horizontally and one sixth of an inch vertically. The subdivisions are based on a unit of measurement of one tenth of an inch horizontally.

Text of image

EUROPEAN UNION

AUTHORISATION EXPORT/IMPORT TORTURE EQUIPMENT

1 Applicant (full name, address, customs number) Type

AUTHORISATION FOREXPORT OR IMPORT OF GOODS THAT COULD BEUSED FOR TORTURE(REGULATION (EU) 2019/125)

2 Consignee (full name and address)

3 Authorisation No

Export Import

4 Expiry date

5 Agent/Representative (if different from applicant)

6 Country where the goods are located

Code

7 Country of destination

Code

8 Member State where a Customs procedure will take place

9 End-user (full name and address)

Issuing authority

10 Description of Item

11 ItemNo 1

12 CN Code

13 Quantity

14 Specific requirements and conditions

10 Description of item

11 ItemNo 2

12 CN Code

13 Quantity

14 Specific requirements and conditions

10 Description of item

11 ItemNo 3

12 HS Code

13 Quantity

14 Specific requirements and conditions

15 The undersigned certifies that, pursuant to Article 9(1) of Regulation (EU) 2019/125 and subject to the requirements, conditions and procedures setout in this form and the attachment(s) to which it refers, the competent authority has authorised [an export] [an import] (delete as not appropriate) concerning the goods described in box 10.

16 Number of attachments

Done at (place, date)

Name (typed or capitals)

Signature: Stamp of issuing authority

Text of image

Note: In part of column 17, write the quantity still available and in part 2 of column 17, write the quantity deducted on this occasion

3 Autorisation No

11 Item No

17 Net quantity (Net mass/ other unit with indication of unit)

18 Customs Document (Type and number) and date of deduction

19 Member State, name and signature, stamp of deduction

Explanatory notes to the form

‘Authorisation for export or import of goods that could be used for torture (Regulation (EU) 2019/125)’.

This authorisation form shall be used to issue an authorisation for an export or import of goods in accordance with Regulation (EU) 2019/125 of the European Parliament and of the Council (⁵). It should not be used to authorise the supply of technical assistance.

The issuing authority is the authority defined in point h of Article 2 of Regulation (EU) 2019/125 which is set out in Annex I to that Regulation.

Authorisations shall be issued on this single page form, which should be printed on both sides. The competent customs office deducts the exported quantities from the total quantity available. It has to make sure that the different items subject to the authorisation are clearly separated for this purpose.

Where national procedures of the Member States require additional copies of the form (as for example for the application) this authorisation form may be included in a form set containing the necessary copies following the national rules applicable. In the box above box 3 of each specimen and in the margin on the left, it should be clearly indicated for which purpose (e.g. application, copy for applicant) the relevant copies are intended. One specimen only shall be the authorisation form set out in Annex VII to Regulation (EU) 2019/125.

Box 1	Applicant:	Please indicate the applicant's name and the full address. The applicant's customs number may also be indicated (optional in most cases). The type of applicant should be indicated (optional) in the relevant box, using the numbers 1, 2 or 4 referring to the points set out in the definition in Article 2(i) of Regulation (EU) 2019/125.
Box 3	Authorisation No:	Please fill out the number and tick either the export or the import box. See Article 2(d) and (e) and Article 34 of Regulation (EU) 2019/125 for the definitions of the terms ‘export’ and ‘import’.
Box 4	Expiry date:	Please state day (two digits), month (two digits) and year (four digits).
Box 5	Agent/representative:	Please indicate the name of a duly authorised representative or (customs) agent acting on behalf of the applicant, if the application is not presented by the applicant. See also Article 18 of Regulation (EU) No 952/2013.
Box 6	Country where the goods are located:	Please state both the name of the country concerned and the relevant country code taken from the codes established pursuant to Regulation (EC) No 471/2009 of the European Parliament and of the Council (¹). See Commission Regulation (EU) No 1106/2012 (²).
Box 7	Country of destination:	Please state both the name of the country concerned and the relevant country code taken from the codes established pursuant to Regulation (EC) No 471/2009. See Regulation (EU) No 1106/2012.
Box 10	Description of item:	Please consider including data on packaging of the goods concerned. Note that the value of the goods may also be indicated in box 10. If there is not sufficient space in box 10, please continue on an attached blank sheet, mentioning the authorisation number. Please indicate the number of attachments in box 16. This form is designed for use for up to three different types of goods (see Annexes II and III to Regulation (EU) 2019/125). If it is necessary to authorise the export or import of more than three types of goods, please grant two authorisations.
Box 11	Item No:	This box needs to be completed on the back of the form only. Please ensure that the Item No corresponds to the printed item number in box 11 found next to the description of the relevant item on the view side.
Box 14	Specific requirements and conditions:	If there is not sufficient space in box 14, please continue on an attached blank sheet, mentioning the authorisation number. Please indicate the number of attachments in box 16.
Box 16	Number of attachments:	Please indicate the number of attachments, if any (see explanations to boxes 10 and 14).
(¹) Regulation (EC) No 471/2009 of the European Parliament and of the Council of 6 May 2009 on Community statistics relating to external trade with non-member countries and repealing Council Regulation (EC) No 1172/95 (OJ L 152, 16.6.2009, p. 23). (²) Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries of countries and territories (OJ L 328, 28.11.2012, p. 7).

ANNEX VIII

AUTHORISATION FORM FOR THE SUPPLY OF BROKERING SERVICES REFERRED TO IN ARTICLE 21(1)

Technical specification:

Text of image

EUROPEAN UNION

1 Applying broker (full name and address)

AUTHORISATION FOR THE SUPPLY OF BROKERINGSERVICES RELATED TO GOODS THAT COULD BE USEDFOR TORTURE OR FOR CAPITAL PUNISHMENT(REGULATION (EU) 2019/125)

Authorisation Brokering Services (Regulation (EU) 2019/125)

2 Natural person or legal person, entity or body exporting the goods from the relevant third country to thethird country of destination (full name and address)

3 Authorisation No

Individual authorisation Global authorisation

4 Expiry date

5 Consingnee in third country of destination (full name and address)

End user Distributor Other

6 Third country where goods are located

Country code

7 Third country of destination

Country code

8 End user of distributor in third country of destination (full name and address) if different from consignee

End user Distributor

9 Member State in which the broker is resident or established

If there is no such Member State, Member State of which the broker is a national or incorporated legal person, entity or body

10 Third parties involved (e.g. agent)

Issuing authority

11 End use (where appropriate)

12 Precise information on the location of the goods in the third country where the goods are located

13 Description of item

14 ItemNo 1

15 HS Code

16 Quantity

17 Currency and value

13 Description of item

14 ItemNo 2

15 HS Code

16 Quantity

17 Currency and value

13 Description of item

14 ItemNo 3

15 HS Code

16 Quantity

17 Currency and value

18 Specific requirements and conditions

19 The undersigned certifies that pursuant to Article 9(1) of Regulation (EU) 2019/125 and subject to the requirements, conditions and procedures set out in this form and the attachement(s) to which it refers, the competent authority has authorised brokering services concerning the goods described in box 13.

20 Number of attachments

Done at (place, date)

Name (typed or capitals)

Signature: Stamp of issuing authority

Text of image

EUROPEAN UNION

Report on use of authorised quantities

AUTHORISATION FOR THE SUPPLY OF BROKERINGSERVICES RELATED TO GOODS THAT COULD BE USEDFOR TORTURE OR FOR CAPITAL PUNISHMENT(REGULATION (EU) 2019/125)

Note: In column 21 write the quantity still available in part 1 and the quantity deducted on this occasion in part 2

3 Authorisation No

14 Item No

21 Net quantity (Net mass or other unit) with indication of unit

22 Date of deduction

23 Reference document (State, type, number)

Explanatory notes to the form

‘Authorisation for the supply of brokering services related to goods that could be used for capital punishment or for torture (Regulation (EU) 2019/125 of the European Parliament and of the Council (⁶))’.

This authorisation form shall be used to issue an authorisation for brokering services in accordance with Regulation (EU) 2019/125.

The issuing authority is the authority defined in point (h) of Article 2 of Regulation (EU) 2019/125. It is an authority that is included in the list of competent authorities in Annex I to that Regulation.

Box 1	Applying broker	Please indicate the name and full address of the applying broker. Broker is defined in point (l) of Article 2 of Regulation (EU) 2019/125.
Box 3	Authorisation No	Please fill out the number and tick the appropriate box indicating whether the authorisation is an individual or global one (see points (p) and (q) of Article 2 of Regulation (EU) 2019/125 for the definitions).
Box 4	Expiry date	Please state day (two digits), month (two digits) and year (four digits). The period of validity of an individual authorisation is from three months to twelve months and that of a global authorisation from one year to three years. When the period of validity comes to an end, an extension can be requested, if necessary.
Box 5	Consignee	Please indicate, in addition to the name and address, whether the consignee in the third country of destination is an end-user, a distributor as referred to in point (r) of Article 2 of Regulation (EU) 2019/125 or a party having another role in the transaction. If the consignee is a distributor but also uses part of the shipment for a specific end-use, please tick both ‘Distributor’ and ‘End-user’ and mention the end-use in box 11.
Box 6	Third country where the goods are located	Please state both the name of the country concerned and the relevant country code taken from the codes established pursuant to Regulation (EC) No 471/2009 of the European Parliament and of the Council (¹). See Commission Regulation (EU) No 1106/2012 (²).
Box 7	Third country of destination	Please state both the name of the country concerned and the relevant country code taken from the codes established pursuant to Regulation (EC) No 471/2009. See Regulation (EU) No 1106/2012.
Box 9	Issuing Member State	Please state in the appropriate line both the name of the Member State concerned and the relevant country code taken from the codes established pursuant to Regulation (EC) No 471/2009. See Regulation (EU) No 1106/2012.
Box 11	End use	Please give a precise description of the use that will be made of the goods and also indicate whether the end user is a law enforcement authority as defined in point (c) of Article 2 of Regulation (EU) 2019/125 or a supplier of training on the use of the brokered goods. Leave blank if the brokering services are supplied to a distributor, unless the distributor itself uses part of the goods for a specific end-use.
Box 12	Precise location of the goods in the third country from which they will be exported	Please describe the whereabouts of the goods in the third country from which they will be supplied to the person, entity or body mentioned in box 2. The location must be an address in the country mentioned in box 6 or similar information describing the whereabouts of the goods. Note that indicating a post office box number or similar postal address is not allowed.
Box 13	Description of item	The description of the goods should include a reference to a specific item of Annex III or IV to Regulation (EU) 2019/125. Please consider including data on packaging of the goods concerned. If there is not sufficient space in box 13, please continue on an attached blank sheet, mentioning the authorisation number. Please indicate the number of attachments in box 20.
Box 14	Item No	This box needs to be completed on the back of the form only. Please ensure that the Item No corresponds to the printed item number in box 14 found next to the description of the relevant item on the view side.
Box 15	HS code	The HS code is a customs code assigned to the goods in the Harmonised System. Where the code from the EU Combined Nomenclature is known, that code may be used instead. See Commission Implementing Regulation (EU) 2016/1821 (³) for the current version of the Combined Nomenclature.
Box 17	Currency and value	Please indicate the value and currency using the price that is payable (without converting it). If that price is not known, the estimated value should be stated, preceded by the mention EV. The currency has to be indicated using the alphabetic code (ISO 4217:2015).
Box 18	Specific requirements and conditions	Box 18 concerns the item 1, 2 or 3 (please specify where appropriate) described in the boxes 14 to 16 preceding it. If there is not sufficient space in box 18, please continue on an attached blank sheet, mentioning the authorisation number. Please indicate the number of attachments in box 20.
Box 20	Number of attachments	Please indicate the number of attachments, if any (see explanations to boxes 13 and 18).
(¹) Regulation (EC) No 471/2009 of the European Parliament and of the Council of 6 May 2009 on Community statistics relating to external trade with non-member countries and repealing Council Regulation (EC) No 1172/95 (OJ L 152, 16.6.2009, p. 23). (²) Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries of countries and territories (OJ L 328, 28.11.2012, p. 7). (³) Commission Implementing Regulation (EU) 2016/1821 of 6 October 2016 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 294, 28.10.2016, p. 1).

ANNEX IX

AUTHORISATION FORM FOR THE SUPPLY OF TECHNICAL ASSISTANCE REFERRED TO IN ARTICLE 21(1)

Technical specification:

Text of image

EUROPEAN UNION

1 Applying supplier of technical assistance (full name and address)

AUTHORISATION FOR THE SUPPLY OF TECHNICALASSISTANCE RELATED TO GOODS THAT COULD BEUSED FOR TORTURE OR FOR CAPITAL PUNISHMENT(REGULATION (EU) 2019/125)

Authorisation technical Assistance (Regulation (EU) 2019/125)

2 Natural person or legal person, entity or body to whom the technical assistance will be supplied (full name and address)

3 Authorisation No

Based on Article 3 4 7a 7d

4 Expiry date

5 The natural or legal person, entity or body mentioned at 2 is

A museum

A law enforcement agency

An institution providing education or training

A supplier of repair services, maintanace or other technical services related to the goods to which the technical assistance relates

A manufacturer of the goods to which

None of the above. Please specify the activity of the natural or legal person, entity or body at 2:

6 Third country or Member State to which the technical assistance will be supplied (name and code)

7 This authorisation applies to

A single supply of technical assistance

Technical assistance provided during a period of time. Please specify the period concerned:

8 Member State in which the supplier of technical assistance is resident or established

If there is no such Member State, Member State of which the supplier of technical assistance is a national or incorporated legal person, entity or body

9 Description of the type of googd to which the technical assistance relates

Issuing authority

10 Description of the technical assistance that is authorised

11 If the person, entity or body mentioned at 2 is a person, entity or body in a third country, the technical assistance will be supplied

from the EU to that third country by staff in that third country from another third country (please specify)

12 Description of any training on the use of the goods to which the technical assistance relates, which will be supplied to the natural or legal person, entity or body mentioned at 2

13 The training on the use of goods mentioned at 9 will be supplied by:

The supplier of technical assistance mentioned at 1

A third country acting on behalf of or in association with the supplier of technical assistance (full name and address)

14 Specific requirements and conditions

15 The undersigned certifies that pursuant to Article 9(1) of Regulation (EU) 2019/125 and subject to the requirements, conditions and procedures set out in this form and the attachment(s) to which it refers, the competent authority has authorised the supply of technical assistance concerning the goods described in box 9.

16 Number of attachments

Done at (place, date)

Name (typed or capitals)

Signature: (Stamp of issuing authority)

Explanatory notes to the form

‘Authorisation for the supply of technical assistance related to goods that could be used for capital punishment or for torture (Regulation (EU) 2019/125 of the European Parliament and of the Council (⁷))’.

This authorisation form shall be used to authorise a supply of technical assistance in accordance with Regulation (EU) 2019/125. If the technical assistance accompanies an export for which an authorisation is granted by or in accordance with Regulation (EU) 2019/125, this form should not be used, except in the following cases:

Reading this document does not replace reading the official text published in the Official Journal of the European Union. We assume no responsibility for any inaccuracies arising from the conversion of the original to this format.

This text is published under EUR-Lex's own terms of reuse, not a Legalize or public-domain licence. EUR-Lex
Creative Commons Attribution 4.0 International (CC BY 4.0)
© European Union, https://eur-lex.europa.eu — Source: EUR-Lex (Publications Office of the European Union). Reused under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence. Only EU legislation published in the printed Official Journal of the European Union is deemed authentic; consolidated texts are reproduced here for documentation purposes and have been reformatted to Markdown.