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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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Changes over time for: Article 17
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Article 17U.K.Criteria for granting export authorisations
1.Decisions on applications for authorisations in respect of the export of goods listed in Annex IV shall be taken by the [F1competent authority], taking into account all relevant considerations, including F2... considerations about intended end-use and the risk of diversion.
2.The competent authority shall not grant any authorisation when there are reasonable grounds to believe that the goods listed in Annex IV might be used for capital punishment in a third country.
3.The rules in the second, third and fourth subparagraphs shall apply to the verification of the intended end-use and the risk of diversion.
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.
F3...
4.In addition to the criteria set out in paragraph 1, when assessing an application for a global authorisation the competent authority shall take into consideration the application by the exporter of proportionate and adequate means and procedures to ensure compliance with the provisions and objectives of this Regulation and with the terms and conditions of the authorisation.
Textual Amendments
F1Words in Art. 17(1) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(17)(a)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)
F2Words in Art. 17(1) omitted (31.12.2020) by virtue of The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(17)(a)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)
F3Words in Art. 17(3) omitted (31.12.2020) by virtue of The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(17)(b) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)
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