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Regulation (EU) 2019/125 of the European Parliament and of the CouncilShow full title

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)

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F1ANNEX IU.K.LIST OF AUTHORITIES REFERRED TO IN ARTICLES 20 AND 23, AND ADDRESS FOR NOTIFICATIONS TO THE EUROPEAN COMMISSION

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX IILIST OF GOODS REFERRED TO IN ARTICLES 3 AND 4

Introductory Note:U.K.

[F2The commodity codes in this Annex refer to the codes specified in the Tariff of the United Kingdom, which is the document containing the legal classification and import rate for products being imported into the United Kingdom and entitled “The Tariff of the United Kingdom”, as revised or reissued from time to time including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 2018 replacing the same in whole or in part.U.K.

If “ex” precedes the code, the goods specified in this Annex constitute only a part of the scope of the commodity code and are determined by both the description given in this Annex and the scope of the code in the Tariff of the United Kingdom.]U.K.

Textual Amendments

F2Words in Annex 2 substituted (31.12.2020) by by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(38)(a) (with reg. 3) (as amended by S.I. 2020/1502, regs. 2(3), 13, 14(a), 15)

Notes:U.K.

1.Items 1.3 and 1.4 in Section 1 concerning goods designed for the execution of human beings do not cover medical-technical goods.U.K.
2.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.U.K.
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.U.K.
[F3Commodity code]Description
1. Goods designed for the execution of human beings, as follows:

ex 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-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

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 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 being
Note:

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 being
Note:

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

ANNEX IIILIST OF GOODS REFERRED TO IN ARTICLE 11

Introductory Note:U.K.

[F4“The commodity codes in this Annex refer to the codes specified in the Tariff of the United Kingdom, which is the document containing the legal classification and import rate for products being imported into the United Kingdom and entitled “The Tariff of the United Kingdom”, as revised or reissued from time to time including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 2018 replacing the same in whole or in part.U.K.

If “ex” precedes the code, the goods specified in this Annex constitute only a part of the scope of the commodity code and are determined by both the description given in this Annex and the scope of the code in the Tariff of the United Kingdom.”;]U.K.

Textual Amendments

F4Words in Annex 3 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(38)(a) (with reg. 3) (as amended by S.I. 2020/1502, regs. 2(3), 13, 14(a), 15)

Notes:U.K.

1.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.U.K.
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.U.K.
2.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.U.K.
a

Latest version adopted by the Council on 26 February 2018 (OJ C 98, 15.3.2018, 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).

[F5Commodity 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 chains

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 of Annex II

3.

This item does not control ‘ordinary handcuffs’. Ordinary handcuffs are handcuffs hich 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

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 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 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 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

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 disseminated

Notes:

1.

This item does not control equipment controlled by item ML7(e) of the Common Military List of the European Uniona

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 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 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 lawb

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 system

Note: 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 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

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

[F6Commodity 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[F7GENERAL EXPORT AUTHORISATION]

PART 1U.K.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.

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 2U.K.Destinations

F8...

This general export authorisation is valid F9... for exports to the following destinations:

  • F10...

  • [F11Relevant British Territories]:

    • 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

  • Dominican Republic

  • Ecuador

  • F12...

  • Gabon

  • [F13The Gambia]

  • Georgia

  • Guinea-Bissau

  • Honduras

  • Iceland

  • Kyrgyzstan

  • Liberia

  • Liechtenstein

  • [F13Madagascar]

  • Mexico

  • Moldova

  • Mongolia

  • Montenegro

  • Mozambique

  • Namibia

  • Nepal

  • New Zealand

  • Nicaragua

  • [F13North Macedonia]

  • Norway

  • Panama

  • Paraguay

  • Philippines

  • Rwanda

  • San Marino

  • Sao Tome and Principe

  • Serbia

  • Seychelles

  • South Africa

  • Switzerland (including Büsingen and Campione d'Italia)

  • Timor-Leste

  • Togo

  • Turkey

  • Turkmenistan

  • Ukraine

  • Uruguay

  • Uzbekistan

  • Venezuela

PART 3U.K.Conditions and requirements for using this general export authorisation

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

(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 [F14authority has] informed the exporter that the goods in question are or may be intended, in their entirety or in part, either for re-export to [F15another] country or to be used for the purpose of capital punishment in [F15another] 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 [F16another] country or to be used for the purpose of capital punishment in [F16another] 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 F17... shall notify the competent [F18authority] of their first use of this general export authorisation no later than 30 days after the date when the first export took place.U.K.

Exporters shall also report in the customs declaration the fact that they are using this general export authorisation F19....

(3)F20...U.K.

F21ANNEX VILIST OF TERRITORIES OF MEMBER STATES REFERRED TO IN ARTICLE 11(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Technical specification:U.K.

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.

F22

Textual Amendments

F22Annex 7 Authorisation Form amended as follows by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(42)(a)-(g) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 14(b), 15):

(a) omit “EUROPEAN UNION” at the beginning of the authorisation form;

(b) in box 6 of the form omit “Code”;

(c) in box 7 of the form, omit “Code”;

(d) omit box 8 of the form;

(e) for “CN code” in each place in the form in which it occurs, substitute “ Commodity code ”;

(f) in box 15 of the form,—

(i) for “Article 9(1)”, substitute “ Article 21(1) ”; and

(ii) for “setout”, substitute “ set out ”;

(g) in box 19 of the form, omit “Member State,”.

Explanatory notes to the formU.K.

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. 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 F23....

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 F24... additional copies of the form [F25are required] (as for example for the application) this authorisation form may be included in a form set containing the necessary copies F26.... 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.

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 1Applicant:

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 3Authorisation No:Please fill out the number and tick either the export or the import box. See Article 2(d) and (e) F27... of Regulation (EU) 2019/125 for the definitions of the terms ‘export’ and ‘import’.
Box 4Expiry date:Please state day (two digits), month (two digits) and year (four digits).
Box 5Agent/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. F28....
Box 6Country where the goods are located:Please state [F29the name of the country concerned].
Box 7Country of destination:Please state [F30the name of the country concerned]
Box 10Description 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 11Item 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 14Specific 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 16Number of attachments:Please indicate the number of attachments, if any (see explanations to boxes 10 and 14).

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

Technical specification:U.K.

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.

F31

Textual Amendments

F31Annex 8 Authorisation Form amended as follows by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(43)(a)-(e) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 14(c)(i)(ii), 15):

(a) omit “EUROPEAN UNION” in both places it occurs in the authorisation form;

(b) omit “third” in each place that it occurs on the authorisation form, except for in box 10;

(ba) in box 5 of the form, for “Consingnee” substitute “ Consignee ”;

(c) in box 6 and 7 omit the box headed “Country code”;

(d) omit box 9 of the form;

(e) in box 19 of the form—

(i) for “Article 9(1)” substitute “Article 21(1) ”;

(ii) for “attachements(s)” substitute “ attachment(s) ”.

Explanatory notes to the formU.K.

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)

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. F32....

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 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).

c

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).

Box 1Applying brokerPlease 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 3Authorisation NoPlease 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 4Expiry datePlease 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 5Consignee

Please indicate, in addition to the name and address, whether the consignee in the F33... 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 6F34... country where the goods are locatedPlease state [F35the name of the country concerned].
Box 7F36... country of destinationPlease state [F37the name of the country concerned].
F38. . .F38. . .F38. . .
Box 11End 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 12Precise location of the goods in the F39... country from which they will be exportedPlease describe the whereabouts of the goods in the F39... 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 13Description 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 14Item NoThis 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 15HS codeThe HS code is a customs code assigned to the goods in the Harmonised System. Where the code from [F40the Tariff of the United Kingdom] is known, that code may be used instead. F41...
Box 17Currency and valuePlease 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 18Specific requirements and conditionsBox 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 20Number of attachmentsPlease indicate the number of attachments, if any (see explanations to boxes 13 and 18).

Textual Amendments

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

Technical specification:U.K.

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.

F42

Textual Amendments

F42Annex 9 Authorisation Form amended as follows by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(44)(a)-(f) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15):

(a) omit “EUROPEAN UNION” at the beginning of the authorisation form;

(b) in box 6 of the form—

(i) omit “Third”;

(ii) omit “or Member State”;

(iii) omit “(name and code)”;

(c) omit box 8 of the form;

(d) in box 9, for “googd” substitute “ goods ”;

(e) in box 11 of the form—

(i) for “third”, in each place that it occurs, substitute “ foreign ”;

(ii) for “EU”, substitute “ UK ”;

(f) in box 15, for “Article 9(1)” substitute “ Article 21(1) ”.

Explanatory notes to the formU.K.

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).

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:

  • the technical assistance relates to goods listed in Annex II to Regulation (EU) 2019/125 (see Article 3(2)); or

  • the technical assistance relating to goods listed in Annex III or in Annex IV to Regulation (EU) 2019/125 goes beyond what is necessary for the installation, operation, maintenance or repair of the exported goods (see Article 21(2) and, as regards goods listed in Annex IV, Part 1 of the F43... General Export Authorisation F44... in Annex V to Regulation (EU) 2019/125).

The issuing authority is the authority defined in point (h) of Article 2 of Regulation (EU) 2019/125. F45....

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 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).

Box 1Applying 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 (EU) 2019/125.

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 3Authorisation NoPlease fill out the number and tick the appropriate box indicating the Article of Regulation (EU) 2019/125 on which the authorisation is based.
Box 4Expiry datePlease 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 5Activity 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 (EU) 2019/125.

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 6F46... country F47... to which the technical assistance will be supplied

Please state [F48the name of the country concerned].

Box 7Type of authorisationPlease 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).
F49. . .F49. . .F49. . .
Box 9Description of the type of goods to which the technical assistance relatesPlease 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 IV to Regulation (EU) 2019/125.
Box 10Description of the technical assistance that is authorisedPlease 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 11Mode of supply

Box 11 should not be filled out if the authorisation is based on Article 4 of Regulation (EU) 2019/125.

If the technical assistance is supplied from a F50... country other than the F50... country where the recipient is resident or established, please state [F51the name of the country concerned].

Box 12Description of training on the use of goods to which the technical assistance relatesPlease indicate whether the technical support or technical service covered by the definition of technical assistance in point (f) of Article 2 of Regulation (EU) 2019/125 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 14Specific requirements and conditionsIf 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 16Number of attachmentsPlease indicate the number of attachments, if any (see explanations to boxes 10 and 14).

ANNEX X

REPEALED REGULATION WITH LIST OF ITS SUCCESSIVE AMENDMENTSU.K.

Council Regulation (EC) No 1236/2005

(OJ L 200, 30.7.2005, p. 1)

Commission Regulation (EC) No 1377/2006

(OJ L 255, 19.9.2006, p. 3)

Council Regulation (EC) No 1791/2006

(OJ L 363, 20.12.2006, p. 1)

Only the thirteenth indent of Article 1(1) as regards Regulation (EC) No 1236/2005, and point 13(5) of the Annex

Commission Regulation (EC) No 675/2008

(OJ L 189, 17.7.2008, p. 14)

Commission Regulation (EU) No 1226/2010

(OJ L 336, 21.12.2010, p. 13)

Commission Implementing Regulation (EU) No 1352/2011

(OJ L 338, 21.12.2011, p. 31)

Council Regulation (EU) No 517/2013

(OJ L 158, 10.6.2013, p. 1)

Only Article 1(1)(n), fourth indent, and point 16(4) of the Annex

Commission Regulation (EU) No 585/2013

(OJ L 169, 21.6.2013, p. 46)

Regulation (EU) No 37/2014 of the European Parliament and of the Council

(OJ L 18, 21.1.2014, p. 1)

Only point 12 of the Annex

Commission Implementing Regulation (EU) No 775/2014

(OJ L 210, 17.7.2014, p. 1)

Commission Delegated Regulation (EU) 2015/1113

(OJ L 182, 10.7.2015, p. 10)

Regulation (EU) 2016/2134 of the European Parliament and of the Council

(OJ L 338, 13.12.2016, p. 1)

Commission Delegated Regulation (EU) 2018/181

(OJ L 40, 13.2.2018, p. 1)

ANNEX XI

CORRELATION TABLEU.K.

Regulation (EC) No 1236/2005This Regulation
Article 1Article 1
Article 2Article 2
Article 3Article 3
Article 4Article 4
Article 4aArticle 5
Article 4bArticle 6
Article 4cArticle 7
Article 4dArticle 8
Article 4eArticle 9
Article 4fArticle 10
Article 5Article 11
Article 6(1)Article 12(1)
Article 6(2), first subparagraphArticle 12(2), first subparagraph
Article 6(2), second subparagraph, introductory wordingArticle 12(2), second subparagraph, introductory wording
Article 6(2), second subparagraph, first indentArticle 12(2), second subparagraph, point (a)
Article 6(2), second subparagraph, second indentArticle 12(2), second subparagraph, point (b)
Article 6(2), third subparagraphArticle 12(2), third subparagraph
Article 6(3), introductory wordingArticle 12(3), first subparagraph
Article 6(3), point 3.1Article 12(3), second subparagraph
Article 6(3), point 3.2Article 12(3), third subparagraph
Article 6aArticle 13
Article 7Article 14
Article 7aArticle 15
Article 7bArticle 16
Article 7c(1)Article 17(1)
Article 7c(2)Article 17(2)
Article 7c(3), introductory wordingArticle 17(3), first subparagraph
Article 7c(3), point 3.1Article 17(3), second subparagraph
Article 7c(3), point 3.2Article 17(3), third subparagraph
Article 7c(3), point 3.3Article 17(3), fourth subparagraph
Article 7c(4)Article 17(4)
Article 7dArticle 18
Article 7eArticle 19
Article 8Article 20
Article 9Article 21
Article 10Article 22
Article 11Article 23
Article 12Article 24
Article 12aArticle 25
Article 13(1), (2) and (3)Article 26(1), (2) and (3)
Article 13(3a)Article 26(4)
Article 13(4)Article 26(5)
Article 13(5)Article 26(6)
Article 13aArticle 27
Article 14Article 28
Article 15aArticle 29
Article 15bArticle 30
Article 15cArticle 31
Article 15dArticle 32
Article 17Article 33
Article 18Article 34
Article 35
Article 19Article 36
Annex IAnnex I
Annex IIAnnex II
Annex IIIAnnex III
Annex IIIaAnnex IV
Annex IIIbAnnex V
Annex IVAnnex VI
Annex VAnnex VII
Annex VIAnnex VIII
Annex VIIAnnex IX
Annex X
Annex XI

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