- Latest available (Revised)
- Point in Time (14/02/2018)
- Original (As adopted by EU)
Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (repealed)
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Version Superseded: 20/02/2019
Point in time view as at 14/02/2018.
There are currently no known outstanding effects by UK legislation for Council Regulation (EC) No 1236/2005 (repealed).
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Textual Amendments
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'Economie internationale
Service licences
Rue du Progrès 50
B-1210 Bruxelles
BELGIQUE
Tel. +32 22776713, +32 22775459
Fax +32 22775063
E-mail: frieda.coosemans@economie.fgov.be
johan.debontridder@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
Justitsministeriet
Slotsholmsgade 10
DK-1216 København K
DANMARK
Tel. +45 72268400
Fax +45 33933510
E-mail: jm@jm.dk
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
Licensing Unit
Department of Jobs, Enterprise and Innovation
23 Kildare Street
Dublin 2
ÉIRE
Tel. +353 16312121
Fax +353 16312562
E-mail: exportcontrol@djei.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
Ministère des finances et des comptes publics
Direction générale des douanes et droits indirects
Bureau E2
11 Rue des Deux Communes
F-93558 Montreuil Cedex
FRANCE
Tel.: +33 1 57 53 43 98
Fax: + 33 1 57 53 48 32
E-mail: dg-e2@douane.finances.gouv.fr
Ministarstvo vanjskih i europskih poslova
Samostalni sektor za trgovinsku politiku i gospodarsku multilateralu
Trg Nikole Šubića Zrinskog 7-8
10 000 Zagreb
Republika Hrvatska
Tel. +385 1 6444 625 (626)
Fax + 385 1 6444 601
Ministero dello Sviluppo Economico
Direzione Generale per la Politica Commerciale Internazionale
Divisione IV
Viale Boston, 25
00144 Roma
ITALIA
Tel. +39 0659932439
Fax +39 0659647506
E-mail: polcom4@mise.gov.it
Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού
Υπηρεσία Εμπορίου
Μονάδα Έκδοσης Αδειών Εισαγωγών/Εξαγωγών
Ανδρέα Αραούζου 6
CY-1421 Λευκωσία
ΚΥΠΡΟΣ/CYPRUS
Ministry of Commerce, Industry and Tourism
Trade Service
Import/Export Licensing Unit
6 Andreas Araouzos Street
CY-1421 Nicosia
CYPRUS
Tel. +357 22867100, +357 22867197
Fax +357 22375443
E-mail: 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
Valstybinė vaistų kontrolės tarnyba prie Lietuvos Respublikos sveikatos apsaugos ministerijos
Žirmūnų g. 139 A,
LT-09120 Vilnius
LIETUVA/LITHUANIA
Tel.: +370 852639264
Fax: +370 852639265
E-mail: vvkt@vvkt.lt
Ministère de l'Economie
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
Magyar Kereskedelmi Engedélyezési Hivatal
Németvölgyi út 37-39
H-1124 Budapest
MAGYARORSZÁG/HUNGARY
Tel. +36 14585599
Fax +36 14585885
E-mail: armstrade@mkeh.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
Bezuidenhoutseweg 67
Postbus 20061
2500 EB Den Haag
NEDERLAND
Tel. +31 703485954, +31 703484652
Bundesministerium für Wissenschaft, Forschung und Wirtschaft
Abteilung ‘ Außenwirtschaftskontrolle ’ C2/9
Stubenring 1
A-1011 Wien
ÖSTERREICH
Tel. +43 1711008341
Fax +43 1711008366
E-mail: post.c29@bmwfw.gv.at
Ministerstwo Gospodarki
Departament Handlu i Usług
Plac Trzech Krzyży 3/5
00-507 Warszawa
POLSKA/POLAND
Tel. +48 226935553
Fax +48 226934021
E-mail: SekretariatDHU@mg.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, Comerțului și Turismului
Departamentul pentru Comerț Exterior și Relații Internaționale
Direcția Politici Comerciale
Calea Victoriei nr. 152
București, sector 1
Cod poștal 010096
ROMÂNIA
Tel. 0040214010552, 0040214010504, 0040214010507
Fax 0040214010568, 0040213150454
E-mail: adrian.berezintu@dce.gov.ro
Ministrstvo za gospodarski razvoj in tehnologijo
Direktorat za turizem in internacionalizacijo
Kotnikova 5
1000 Ljubljana
Republika Slovenija
Tel. +386 14003521
Fax +386 14003611
Ministerstvo hospodárstva Slovenskej republiky
Odbor výkonu obchodných opatrení
Mierová 19
827 15 Bratislava
SLOVENSKO
Tel. +421 248542163
Fax +421 243423915
E-mail: lucia.filipkova@economy.gov.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
Department for Business, Innovation and Skills (BIS)
Import Licensing Branch (ILB)
E-mail: enquiries.ilb@bis.gsi.gov.uk
Department for Business, Innovation and Skills (BIS)
Export Control Organisation
1 Victoria Street
London
SW1H 0ET
UNITED KINGDOM
Tel.: +44 2072154594
Fax: +44 2072152635
E-mail: eco.help@bis.gsi.gov.uk
European Commission
Service for Foreign Policy Instruments
Office EEAS 02/309
B-1049 Bruxelles/Brussel
BELGIUM
E-mail: relex-sanctions@ec.europa.eu]
Textual Amendments
The ‘CN codes’ in this Annex refer to codes specified in Part Two of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1) .
Where ‘ ex ’ precedes the CN code, the goods covered by Regulation (EC) No 1236/2005 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.
CN code | Description |
---|---|
1. Goods designed for the execution of human beings, as follows: | |
[F3ex 4421 90 97 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 00 38 ex 9406 00 80 | 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 | 2.2. Thumb-cuffs, finger-cuffs, thumbscrews and finger-screwsNote: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 | 2.3. Bar fetters, weighted leg restraints and gang chains comprising bar fetters or weighted leg restraintsNotes:1. Bar fetters are shackles or ankle rings fitted with a locking mechanism, linked by a rigid bar which is typically made of metal2. This item includes bar fetters and weighted leg restraints 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 | 2.4. 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 | 2.5. Restraint chairs: chairs fitted with shackles or other devices to restrain a human beingNote:This item does not prohibit chairs only fitted with straps or belts |
ex 9402 90 00 ex 9403 20 20 ex 9403 20 80 ex 9403 50 00 ex 9403 70 00 ex 9403 81 00 ex 9403 89 00 | 2.6. Shackle boards and shackle beds: boards and beds fitted with shackles or other devices to restrain a human beingNote:This item does not prohibit boards and beds only fitted with straps or belts |
ex 9402 90 00 ex 9403 20 20 ex 9403 50 00 ex 9403 70 00 ex 9403 81 00 ex 9403 89 00 | 2.7. 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 70 00 ex 9403 81 00 ex 9403 89 00 | 2.8. 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 |
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 3926 90 97 ex 7326 90 98 | 3.2. Shields with metal spikes |
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] |
Textual Amendments
F3 Substituted by Regulation (EU) 2016/2134 of the European Parliament and of the Council of 23 November 2016 amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.
The CN codes in this Annex refer to codes specified in Part Two of Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.
Where ‘ ex ’ precedes the CN code, the goods covered by Regulation (EC) No 1236/2005 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.
a Latest version adopted by the Council on 11 March 2013 ( OJ C 90, 27.3.2013, p. 1 ). | |
b 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 ) 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 ).] | |
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 | 1.1. Shackles and gang chainsNotes:1. Shackles are restraints consisting of two cuffs or rings fitted with a locking mechanism, with a connecting chain or bar2. This item does not control the leg restraints and gang chains prohibited by item 2.3 of Annex II3. This item does not control ‘ordinary handcuffs’. Ordinary handcuffs are handcuffs which meet all the following conditions:
|
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 | 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 mechanismNote: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 6505 00 10 ex 6505 00 90 ex 6506 91 00 ex 6506 99 10 ex 6506 99 90 | 1.3. Spit hoods: hoods, including hoods made of netting, comprising a cover of the mouth which prevents spittingNote: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 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 gunsNotes:1. This item does not control electric shock belts and other devices falling within item 2.1 of Annex II2. 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 2.1Note:The following goods are considered to be essential components:
|
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 |
3. Weapons and equipment disseminating incapacitating or irritating chemical substances for the purpose of riot control or self-protection and certain related substances, as follows: | |
ex 8424 20 00 ex 8424 89 00 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 disseminatedNotes:1. This item does not control equipment controlled by item ML7(e) of the Common Military List of the European Union a2. This item does not control individual portable equipment, even if containing a chemical substance, when accompanying their user for the user's own personal protection3. 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 2924 29 98 | 3.2. Pelargonic acid vanillylamide (PAVA) (CAS RN 2444-46-4) |
ex 3301 90 30 | 3.3. Oleoresin capsicum (OC) (CAS RN 8023-77-6) |
ex 2924 29 98 ex 2939 99 00 ex 3301 90 30 ex 3302 10 90 ex 3302 90 10 ex 3302 90 90 ex 3824 90 97 | 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 agentsNotes: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 them2. This item does not control medicinal products for which a marketing authorisation has been granted in accordance with Union law b |
ex 8424 20 00 ex 8424 89 00 | 3.5. Fixed equipment for the dissemination of incapacitating or irritating chemical substances, 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 systemNote: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 8424 20 00 ex 8424 89 00 ex 9304 00 00 | 3.6. 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 buildingNotes:1. This item does not control equipment controlled by item ML7(e) of the Common Military List of the European Union2. This item also controls water cannons3. 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 |
[ F4. . . . . | |
F4. . . . .] |
Textual Amendments
Textual Amendments
F5 Inserted by Regulation (EU) 2016/2134 of the European Parliament and of the Council of 23 November 2016 amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.
This general export authorisation covers the goods listed in any entry in Annex IIIa to Council Regulation (EC) No 1236/2005 (2) .
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.
An export authorisation under Regulation (EC) No 1236/2005 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 18(2)).
This general export authorisation is valid throughout the Union for exports to the following destinations:
Danish territories not included in the customs territory:
Faroe Islands
Greenland
French territories not included in the customs territory:
French Polynesia,
French Southern and Antarctic Territories,
New Caledonia and Dependencies,
Saint-Barthélemy,
Saint Pierre and Miquelon,
Wallis and Futuna Islands
Dutch territories not included in the customs territory:
Aruba,
Bonaire,
Curaçao,
Saba,
Sint Eustatius,
Sint Maarten
Relevant British territories not included in the customs territory:
Anguilla,
Bermuda,
Falkland Islands,
Gibraltar,
Montserrat,
Saint Helena and Dependencies,
South Georgia and the South Sandwich Islands,
Turks and Caicos Islands
Albania
Andorra
Argentina
Australia
Benin
Bolivia
Bosnia and Herzegovina
Canada
Cape Verde
Colombia
Costa Rica
Djibouti
[F6Dominican Republic]
Ecuador
Former Yugoslav Republic of Macedonia
Gabon
Georgia
Guinea-Bissau
Honduras
Iceland
Kyrgyzstan
Liberia
Liechtenstein
Mexico
Moldova
Mongolia
Montenegro
Mozambique
Namibia
Nepal
New Zealand
Nicaragua
Norway
Panama
Paraguay
Philippines
Rwanda
San Marino
[F6Sao Tome and Principe]
Serbia
Seychelles
South Africa
Switzerland (including Büsingen and Campione d'Italia)
Timor-Leste
[F6Togo]
Turkey
Turkmenistan
Ukraine
Uruguay
Uzbekistan
Venezuela
Textual Amendments
This general export authorisation may not be used if:
the exporter has been prohibited from using this general export authorisation in accordance with Article 8(1) of Regulation (EC) No 1236/2005;
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;
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;
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;
the exporter is the manufacturer of the medicinal products in question and has not made 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
not to use any of the goods received from the distributor for capital punishment;
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
to impose the same requirements on any third party to which the customer might supply or transfer any of these goods.
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;
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
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;
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
any re-export or transfer of any part of the shipment to a country or territory that has not abolished capital punishment; or
the exporter of goods other than medicinal products has not concluded a legally binding agreement referred to in point (g), with the end-user.
Exporters that use this general export authorisation EU GEA 1236/2005 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 1236/2005 by indicating in box 44 the relevant code found in the TARIC database.
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 8(1) of Regulation (EC) No 1236/2005, 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.]
Greenland
New Caledonia and Dependencies,
French Polynesia,
French Southern and Antarctic Territories,
Wallis and Futuna Islands,
Mayotte,
St Pierre and Miquelon.
Büsingen
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.
This authorisation form shall be used to issue an authorisation for an export or import of goods in accordance with Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. It should not be used to authorise the supply of technical assistance.
Issuing authority is the authority defined in Article 2(h) of Council Regulation No 1236/2005 which is set out in Annex I to this 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 V to Regulation (EC) No 1236/2005.
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 (EC) No 1236/2005. |
Box 3: | Authorisation No: | Please fill out the number and tick either the export or the import box. [X1See Article 2(d) and (e) and Article l8 of the Regulation] 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 5 of Council Regulation (EEC) No 2913/92. |
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 Council Regulation (EC) No 1172/95 (OJ L 118, 25.5.1995, p. 10). [X1See Commission Regulation (EC) No 1779/2002 ( OJ L 269, 5.10.2002, p. 6 )]. |
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 Council Regulation (EC) No 1172/95, (OJ L 118, 25.5.1995, p. 10). [X1See Commission Regulation (EC) No 1779/2002 ( OJ L 269, 5.10.2002, p. 6 )]. |
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 the Regulation). 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). |
Editorial Information
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.
‘Authorisation for the supply of brokering services related to goods that could be used for torture or for capital punishment (Council Regulation (EC) No 1236/2005 (3) )’
This authorisation form shall be used to issue an authorisation for brokering services in accordance with Regulation (EC) No 1236/2005.
The issuing authority is the authority defined in point (h) of Article 2 of Regulation (EC) No 1236/2005. It is an authority that is included in the list of competent authorities in Annex I to that Regulation.
a 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 ). | ||
b 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 ). | ||
c Commission Implementing Regulation (EU) 2015/1754 of 6 October 2015 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff ( OJ L 285, 30.10.2015, p. 1 ).] | ||
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 (EC) No 1236/2005. |
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 (EC) No 1236/2005 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 (EC) No 1236/2005 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 a . See Commission Regulation (EU) No 1106/2012 b . |
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 (EC) No 1236/2005 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 it is not allowed to put a post office box number or similar postal address. |
Box 13 | Description of item | The description of the goods should include a reference to a specific item of Annex III or IIIa to Regulation (EC) No 1236/2005. 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) 2015/1754 c 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). |
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.
‘Authorisation for the supply of technical assistance related to goods that could be used for torture or for capital punishment Council (Regulation (EC) No 1236/2005 (4) )’
This authorisation form shall be used to authorise a supply of technical assistance in accordance with Regulation (EC) No 1236/2005. If the technical assistance accompanies an export for which an authorisation is granted by or in accordance with Regulation (EC) No 1236/2005, this form should not be used, except in the following cases:
the technical assistance relates to goods listed in Annex II to Regulation (EC) No 1236/2005 (see Article 3(2)); or
the technical assistance relating to goods listed in Annex III or in Annex IIIa to Regulation (EC) No 1236/2005 goes beyond what is necessary for the installation, operation, maintenance or repair of the exported goods (see Article 9(2) and, as regards goods listed in Annex IIIa, Part 1 of the Union General Export Authorisation EU GEA 1236/2005 at Annex IIIb to Regulation (EC) No 1236/2005).
The issuing authority is the authority defined in point (h) of Article 2 of Regulation (EC) No 1236/2005. It is an authority that is included in the list of competent authorities in Annex I to that Regulation.
Authorisations shall be issued on this single page form with attachments as necessary.
a 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 ). | ||
b 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 ).] | ||
Box 1 | Applying supplier of technical assistance | Please indicate the applicant's name and full address. Supplier of technical assistance is defined in point (m) of Article 2 of Regulation (EC) No 1236/2005. If the technical assistance accompanies an export for which an authorisation is granted, please also indicate the applicant's customs number, if possible, and indicate the number of the related export authorisation in box 14. |
Box 3 | Authorisation No | Please fill out the number and tick the appropriate box indicating the Article of Regulation (EC) No 1236/2005 on which the authorisation is based. |
Box 4 | Expiry date | Please state day (two digits), month (two digits) and year (four digits). The period of validity of an authorisation is from three months to twelve months. When the period of validity comes to an end an extension can be requested, if necessary. |
Box 5 | Activity of the natural or legal person, entity or body mentioned at 2 | Please indicate the main activity of the person, entity or body to which the technical assistance will be supplied. The term law enforcement authority is defined in point (c) of Article 2 of Regulation (EC) No 1236/2005. If the main activity is not in the list, tick ‘ None of the above ’ and describe the main activity using generic words (e.g. wholesaler, retailer, hospital). |
Box 6 | Third country or Member State to which the technical assistance will be supplied | 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 a . See Commission Regulation (EU) No 1106/2012 b . Note that in box 6 a Member State should only be mentioned, if the authorisation is based on Article 4 of Regulation (EC) No 1236/2005. |
Box 7 | Type of authorisation | Please indicate whether the supply of technical assistance is provided during a particular period and, if so, state the period in days, weeks or months during which the supplier of technical assistance has to respond to requests for advice, support or training. A single supply of technical assistance concerns one specific request for advice or support or a specific training (even if it concerns a course given during several days). |
Box 8 | 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 9 | Description of the type of goods to which the technical assistance relates | Please describe the type of goods concerned by the technical assistance. The description should include a reference to a specific item of Annex II, III or IIIa to Regulation (EC) No 1236/2005. |
Box 10 | Description of the technical assistance that is authorised | Please describe the technical assistance in a clear and precise manner. Insert a reference to the date and number of an agreement concluded by the supplier of technical assistance or attach such an agreement, where appropriate. |
Box 11 | Mode of supply | Box 11 should not be filled out if the authorisation is based on Article 4 of Regulation (EC) No 1236/2005. If the technical assistance is supplied from a third country other than the third country where the recipient is resident or established, 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 12 | Description of training on the use of goods to which the technical assistance relates | Please indicate whether the technical support or technical service covered by the definition of technical assistance in point (f) of Article 2 of Regulation (EC) No 1236/2005 is accompanied by training for users of the relevant goods. Please state which type of users will receive such training and specify the objectives and contents of the training programme. |
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). |
[F5Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment ( OJ L 200, 30.7.2005, p. 1 ).]
[F5Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment ( OJ L 200, 30.7.2005, p. 1 ).]
[F5Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment ( OJ L 200, 30.7.2005, p. 1 ).]
Textual Amendments
F2 Substituted by Commission Implementing Regulation (EU) No 775/2014 of 16 July 2014 amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.
F5 Inserted by Regulation (EU) 2016/2134 of the European Parliament and of the Council of 23 November 2016 amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.
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