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)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure(1),

Whereas:

(1) Council Regulation (EC) No 1236/2005(2) has been substantially amended several times(3). In the interests of clarity and rationality, that Regulation should be codified.

(2) Pursuant to Article 2 of the Treaty on European Union, respect for human rights constitutes one of the values common to the Member States. The European Community resolved in 1995 to make respect for human rights and fundamental freedoms an essential element of its relations with third countries. It was decided to insert a clause to that end in any new trade, cooperation and association agreement of a general nature concluded with third countries.

(3) Article 5 of the Universal Declaration of Human Rights, Article 7 of the International Covenant on Civil and Political Rights and Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms all lay down an unconditional, comprehensive prohibition on torture and other cruel, inhuman or degrading treatment or punishment. Other provisions, in particular the United Nations Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment(4) and the 1984 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, place an obligation on States to prevent torture.

(4) Article 2(2) of the Charter of Fundamental Rights of the European Union (Charter) states that no one shall be condemned to the death penalty or executed. On 22 April 2013, the Council approved ‘EU Guidelines on death penalty’ and resolved that the Union would work towards the universal abolition of the death penalty.

(5) Article 4 of the Charter states that no one shall be subjected to torture or to inhuman or degrading treatment or punishment. On 20 March 2012, the Council approved ‘Guidelines to EU policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment (An up-date of the Guidelines)’. In accordance with those guidelines, third countries should be urged to prevent the use and production of, and trade in, equipment which is designed to inflict torture or other cruel, inhuman or degrading treatment or punishment and prevent the abuse of any other equipment to these ends. Moreover, the prohibition of cruel, inhuman or degrading punishment should impose clear limits on the use of the death penalty. Therefore, capital punishment is not to be considered a lawful penalty under any circumstances.

(6) It is therefore appropriate to lay down Union rules on trade with third countries in goods which could be used for the purpose of capital punishment, and in goods which could be used for the purpose of torture and other cruel, inhuman or degrading treatment or punishment. These rules are instrumental in promoting respect for human life and for fundamental human rights and thus serve the purpose of protecting public morals. Such rules should ensure that Union economic operators do not derive any benefits from trade which either promotes or otherwise facilitates the implementation of policies on capital punishment or on torture and other cruel, inhuman or degrading treatment or punishment, which are not compatible with the relevant EU Guidelines, the Charter and international conventions and treaties.

(7) For the purpose of this Regulation, it is considered appropriate to apply the definition of torture laid down in the 1984 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and in Resolution 3452 (XXX) of the General Assembly of the United Nations. That definition should be interpreted taking into account the case-law on the interpretation of the corresponding term in the European Convention on Human Rights and in relevant texts adopted by the Union or its Member States. The definition of ‘other cruel, inhuman or degrading treatment or punishment’, which is not found in that Convention, should be in line with the case law of the European Court of Human Rights. The meaning of the term ‘lawful penalties’ in the definitions of ‘torture’ and ‘other cruel, inhuman or degrading treatment or punishment’, should take into account the Union's policy on capital punishment.

(8) It is considered necessary to prohibit exports and imports of 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 and to prohibit the supply of technical assistance in respect of such goods.

(9) Where such goods are located in third countries, it is necessary to prohibit brokers in the Union from providing brokering services in relation to such goods.

(10) In order to contribute to the abolition of the death penalty in third countries and to the prevention of torture and other cruel, inhuman or degrading treatment or punishment, it is considered necessary to prohibit the supply to third countries of technical assistance related to 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.

(11) It is also appropriate to prohibit brokers and suppliers of technical assistance from providing training on the use of such goods to third countries as well as to prohibit both the promotion of such goods in trade fairs or exhibitions in the Union, and the sale or purchase of advertising space in print media or on the Internet and of advertising time on television or radio in relation to such goods.

(12) In order to prevent economic operators from deriving benefits from transporting goods which are intended to be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, and which pass through the customs territory of the Union on their way to a third country, it is necessary to prohibit transport within the Union of such goods, if they are listed in Annex II to this Regulation.

(13) It should be possible for Member States to apply measures restricting the supply of certain services in relation to 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, in compliance with the applicable Union rules.

(14) This Regulation lays down an export authorisation system designed to prevent certain goods from being used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

(15) It is therefore necessary to impose controls on exports of certain goods which could be used not only for the purpose of torture and other cruel, inhuman or degrading treatment or punishment, but also for legitimate purposes. These controls should apply to goods that are primarily used for law enforcement purposes and unless such controls prove disproportionate, to any other equipment or product that could be abused for the purpose of torture and other cruel, inhuman or degrading treatment or punishment, taking into account its design and technical features.

(16) As regards law enforcement equipment, it should be noted that Article 3 of the Code of Conduct for Law Enforcement Officials(5) provides that law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty. The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990, provide that, in carrying out their duty, law enforcement officials should, as far as possible, apply non-violent means before resorting to the use of force and firearms.

(17) In view of this, the Basic Principles advocate the development of non-lethal incapacitating weapons for use in appropriate situations, while admitting that the use of such weapons should be carefully controlled. In this context, certain equipment traditionally used by the police for self-defence and riot-control purposes has been modified in such a way that it can be used to apply electric shocks and chemical substances to incapacitate persons. There are indications that, in several countries, such weapons are abused for the purpose of torture and other cruel, inhuman or degrading treatment or punishment.

(18) The Basic Principles stress that law enforcement officials should be equipped with equipment for self-defence. Therefore, this Regulation should not apply to trade in traditional equipment for self-defence, such as shields.

(19) This Regulation should apply to trade in some specific chemical substances used to incapacitate persons.

(20) As regards leg-irons, gang-chains and shackles and cuffs, it should be noted that Article 33 of the United Nations Standard Minimum Rules for the Treatment of Prisoners(6) provides that instruments of restraint must never be applied as a punishment. Furthermore, chains and irons are not to be used as restraints. It should also be noted that the United Nations Standard Minimum Rules for the Treatment of Prisoners provide that other instruments of restraint must not be used except as a precaution against escape during a transfer, on medical grounds as directed by a medical officer, or, if other methods of control fail, in order to prevent a prisoner from injuring himself or others, or from damaging property.

(21) In order to protect staff and other people against spitting, prisoners are sometimes made to wear a so-called spit hood. As such a hood covers the mouth and often also the nose, it presents an inherent risk of asphyxiation. If it is combined with restraints, such as handcuffs, there is also a risk of neck injury. Exports of spit hoods should therefore be controlled.

(22) In addition to portable weapons, the scope of the export controls should include fixed or mountable electric discharge weapons covering a wide area and targeting multiple individuals. Such weapons are often presented as so-called non-lethal weapons but present, at the very least, the same risk of causing severe pain or suffering as portable electric discharge weapons.

(23) As fixed devices for dissemination of irritating chemical substances for use inside a building are being marketed, and indoor use of such substances presents a risk of causing severe pain or suffering not associated with traditional use outdoors, exports of such equipment should be controlled.

(24) Export controls should also be applied to fixed or mountable equipment for the dissemination of incapacitating or irritating substances which covers a wide area, where such equipment is not yet subject to export controls in accordance with Council Common Position 2008/944/CFSP(7). Such equipment is often presented as so-called non-lethal technology but presents at the very least the same risk of causing severe pain or suffering as portable weapons and devices. Although water is not one of the incapacitating or irritating chemical agents, water cannons may be used to disseminate such agents in liquid form and their exports should be controlled.

(25) The export controls concerning oleoresin capsicum (OC) and pelargonic acid vanillylamide (PAVA) should be supplemented by export controls on certain mixtures containing these substances which can be administered as such as incapacitating or irritating agents or used for manufacturing of such agents. Where appropriate, references to incapacitating or irritating chemical agents should be construed as including oleoresin capsicum and the relevant mixtures containing it.

(26) It is appropriate to provide for specific exemptions from the export controls in order not to impede the functioning of the police forces of the Member States and the execution of peacekeeping or crisis management operations.

(27) Taking into account the fact that some Member States have already prohibited exports and imports of such goods, it is appropriate to grant Member States the right to prohibit exports and imports of leg-irons, gang-chains and portable electric shock devices other than electric shock belts. Member States should also be empowered to apply export controls on handcuffs having an overall dimension, including chain, exceeding 240 mm when locked, if they so wish.

(28) In order to limit the administrative burden for exporters, competent authorities should be allowed to grant an exporter a global authorisation in respect of goods listed in Annex III to this Regulation to prevent the relevant goods from being used for torture or for other cruel, inhuman or degrading treatment or punishment.

(29) In some cases, medicinal products exported to third countries have been diverted and used for capital punishment, notably by administering a lethal overdose by means of injection. The Union disapproves of capital punishment in all circumstances and works towards its universal abolition. The exporters objected to their involuntary association with such use of the products they developed for medical use.

(30) It is therefore necessary to impose controls on exports of certain goods which could be used for capital punishment in order to prevent the use of certain medicinal products for that purpose and to ensure that all Union exporters of medicinal products are subject to uniform conditions in this regard. The relevant medicinal products were developed for, inter alia, anaesthesia and sedation.

(31) The export authorisation system should not go beyond what is proportionate. It should, therefore, not prevent the export of medicinal products to be used for legitimate therapeutic purposes.

(32) The list of goods for whose export an authorisation is required with a view to preventing these goods from being used for capital punishment should only include goods that have been used for capital punishment in a third country that has not abolished capital punishment and goods whose use for capital punishment any such third country has approved, without having used them for that purpose yet. It should not include non-lethal goods which are not essential for executing a convicted person, such as standard furniture that may also be found in the execution chamber.

(33) Given the differences between capital punishment, on the one hand, and torture and other cruel, inhuman or degrading treatment or punishment on the other, it is appropriate to lay down a specific export authorisation system with a view to preventing the use of certain goods for capital punishment. Such a system should take into account the fact that a number of countries have abolished capital punishment for all crimes and have made an international commitment on this issue. As there is a risk of re-export to countries that have not done so, certain conditions and requirements should be imposed when authorising exports to countries that have abolished capital punishment. It is therefore appropriate to grant a general export authorisation for exports to those countries that have abolished capital punishment for all crimes and confirmed that abolition through an international commitment.

(34) If a country has not abolished capital punishment for all crimes and confirmed that abolition through an international commitment, the competent authorities should, when examining a request for an export authorisation, check whether there is a risk that the end-user in the country of destination would use the exported goods for such punishment. Appropriate conditions and requirements should be imposed to control sales or transfers to third parties by the end-user. If multiple shipments between the same exporter and end-user take place, the competent authorities should be allowed to review the status of the end-user on a periodic basis, for example every six months, rather than every time an export authorisation for a shipment is granted, without prejudice to the right of the competent authorities to annul, suspend, modify or revoke an export authorisation where warranted.

(35) In order to limit the administrative burden for exporters, the competent authorities should be allowed to grant an exporter a global authorisation for all shipments of medicinal products from the exporter to a specific end-user for a fixed period of time, specifying, where necessary, a quantity corresponding to the end-user's normal use of such products. Such authorisation should be valid for between one and three years with a possible extension of up to two years.

(36) Granting a global authorisation would also be appropriate where a manufacturer intends to export medicinal products falling within the scope of this Regulation to a distributor in a country that has not abolished capital punishment, provided that the exporter and the distributor have concluded a legally binding agreement requiring the distributor to apply an appropriate set of measures ensuring that the medicinal products will not be used for capital punishment.

(37) Medicinal products falling within the scope of this Regulation may be subject to controls in accordance with international conventions on narcotic drugs and psychotropic substances, such as the 1971 Convention on Psychotropic Substances. Since such controls are not applied to prevent the relevant medicinal products from being used for capital punishment but to prevent illicit drug trafficking, the export controls of this Regulation should be applied in addition to those international controls. Member States should, however, be encouraged to use a single procedure in order to apply both control systems.

(38) The controls on exports in accordance with this Regulation should not apply to goods whose export is controlled in accordance with Common Position 2008/944/CFSP, Council Regulation (EC) No 428/2009(8) and Regulation (EU) No 258/2012 of the European Parliament and of the Council(9).

(39) The supply of brokering services and the supply of technical assistance in respect of the goods listed in Annex III or in Annex IV to this Regulation should be subject to prior authorisation in order to prevent the brokering services or the technical assistance from contributing to the use of the goods to which they relate for the purpose of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

(40) The brokering services and technical assistance which this Regulation subjects to prior authorisation should be those that are supplied from within the Union, that is from within territories within the territorial scope of the Treaties, including airspace and any aircraft or any vessel under the jurisdiction of a Member State.

(41) When authorising the supply of technical assistance related to goods listed in Annex III to this Regulation, the competent authorities should endeavour to ensure that the technical assistance and any training on the use of such goods that would be supplied or offered in conjunction with the technical assistance for which the authorisation is requested are provided in such a way that they promote law enforcement standards that respect human rights and contribute to the prevention of torture and other cruel, inhuman or degrading treatment or punishment.

(42) In order to prevent economic operators from deriving benefits from transporting goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment and which pass through the customs territory of the Union on their way to a third country, it is necessary to prohibit transport within the Union of such goods, if they are listed in Annex III or Annex IV to this Regulation, provided the economic operator has knowledge of the intended use.

(43) The Guidelines to EU Policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment provide, inter alia, that the Heads of Mission in third countries will include in their periodic reports an analysis of the occurrence of torture and other cruel, inhuman or degrading treatment or punishment in the State of their accreditation, and the measures taken to combat it. It is appropriate for the competent authorities to take those and similar reports made by relevant international and civil society organisations into account when deciding on requests for authorisations. Such reports should also describe any equipment used in third countries for the purpose of capital punishment or for the purpose of torture and other cruel, inhuman or degrading treatment or punishment.

(44) While customs authorities should share certain information with other customs authorities using the customs risk management system in accordance with Union customs legislation, the competent authorities referred to in this Regulation should share certain information with other competent authorities. It is appropriate to require that the competent authorities use a secure and encrypted system for the exchange of information on denials. To that end, the Commission should make available a new functionality in the existing system set up pursuant to Article 19(4) of Regulation (EC) No 428/2009.

(45) To the extent that it concerns personal data, processing and the exchange of information should comply with the applicable rules on processing and the exchange of personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council(10) and Regulation (EU) 2018/1725 of the European Parliament and of the Council(11).

(46) In order to adopt the provisions necessary for the application of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendments to Annexes I to IX to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making(12). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(47) In order to allow the Union to respond quickly when new goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, are developed, and where there is a clear and immediate risk that those goods will be used for purposes that entail such human rights abuses, it is appropriate to provide for the immediate application of the relevant Commission act, where, in the case of amendment of Annex II or III to this Regulation, there are imperative grounds of urgency for such amendment. In order to allow the Union to respond quickly when one or more third countries either approve certain goods for use for capital punishment, or accept or violate an international commitment to abolish capital punishment for all crimes, it is appropriate to provide for the immediate application of the relevant Commission act, where, in the case of amendment of Annex IV or V to this Regulation, imperative grounds of urgency so require. Where the urgency procedure is followed, it is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

(48) A coordination group should be established. The group should serve as a platform for Member States' experts and the Commission to exchange information on administrative practices and to discuss questions of interpretation of this Regulation, technical issues with respect to the goods listed, developments related to this Regulation and any other questions that may arise. The group should, in particular, be able to discuss issues related to the nature and the intended effect of goods, the availability of goods in third countries and the question whether goods are specifically designed or modified for capital punishment or for torture or other cruel, inhuman or degrading treatment or punishment. If the Commission decides to consult the group when preparing delegated acts, it should do so in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.

(49) The Commission does not procure equipment for law enforcement purposes since it is not responsible for maintenance of law and order, proceedings in criminal matters or the enforcement of judicial decisions in criminal matters. Therefore, a procedure should be established to ensure that the Commission receives information on non-listed law enforcement equipment and products marketed in the Union in order to ensure that the lists of goods whose trade is prohibited or controlled are updated to take account of new developments. When addressing its request to the Commission, the requesting Member State should forward its request to add goods to Annex II, to Annex III or to Annex IV to this Regulation to other Member States.

(50) The measures of this Regulation are intended to prevent both capital punishment and torture and other cruel, inhuman or degrading treatment or punishment in third countries. They comprise restrictions on trade with third countries in goods that could be used for the purpose of capital punishment or for the purpose of torture and other cruel, degrading or inhuman treatment or punishment. It is not considered necessary to establish similar controls on transactions within the Union as, in the Member States, capital punishment does not exist and Member States will have adopted appropriate measures to outlaw and prevent torture and other cruel, inhuman or degrading treatment or punishment.

(51) The Guidelines to EU Policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment state that, in order to meet the objective of taking effective measures against torture and other cruel, inhuman or degrading treatment or punishment, measures should be taken to prevent the use, production and trade of equipment which is designed to inflict torture or other cruel, inhuman or degrading treatment or punishment. It is up to the Member States to impose and enforce the necessary restrictions on the use and production of such equipment.

(52) The Commission and the Member States should inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connection with this Regulation.

(53) Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive,

HAVE ADOPTED THIS REGULATION:

CHAPTER I U.K. SUBJECT MATTER AND DEFINITIONS

Article 1 U.K. Subject matter

This Regulation lays down F1 ... rules governing trade with [F2 other] 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.

Textual Amendments

F1 Word in Art. 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(2)(a) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F2 Word in Art. 1 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(2)(b) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

Article 2 U.K. 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 [F3 United Kingdom to a destination outside of the territory of the United Kingdom,] 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 [F4 given by section 100A(2) of the Customs and Excise Management Act 1979;](13);

(e)

‘import’ means any entry of goods [F5 (excluding goods consigned from the Isle of Man) into the United Kingdom,] including temporary storage, the placing in a free zone, the placing under a special procedure and the release for free circulation F6 ...;

(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)

[F7 “competent authority” means the Secretary of State];

(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 F8 ... territory of the [F9 United Kingdom], 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)

[F10 references to the “territory of the United Kingdom” include the Isle of Man;]

(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)

[F11 “broker” means—

(i)

any person resident or established in the United Kingdom who supplies brokering services from the United Kingdom;

(ii)

any United Kingdom national who supplies brokering services from the United Kingdom;

(iii)

any United Kingdom person who supplies brokering services from a country within the European Union;

(iv)

any person resident or established in the European Union who supplies brokering services from the United Kingdom;

(v)

any European Union national who supplies brokering services from the United Kingdom;]

(m)

[F12 “supplier of technical assistance” means—

(i)

any person resident or established in the United Kingdom who supplies technical assistance from the United Kingdom;

(ii)

any United Kingdom national who supplies technical assistance from the United Kingdom;

(iii)

any United Kingdom person who supplies technical assistance from a country within the European Union;

(iv)

any person resident or established in the European Union who supplies technical assistance from the United Kingdom;

(v)

any European Union national who supplies technical assistance from the United Kingdom;]

(n)

[F13 “exporter” means any person, resident or established in the United Kingdom, who makes an export declaration or on whose behalf an export declaration is made, that is to say the person who, at the time the declaration is accepted, holds the contract with the consignee in the third country and has the power for determining the sending of the item out of the territory of the United Kingdom. If no export declaration has been made, the exporter is the person who holds the contract with the consignee in the third country and has the power for determining the sending of the item out of the United Kingdom to a destination outside of the territory of the United Kingdom. If no contract has been concluded, or if the holder of the contract does not act on its own behalf, the exporter is the person who has the power for determining the sending of the item out of the United Kingdom to a destination outside of the territory of the United Kingdom;]

(o)

[F14 “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 5];

(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 F15 ... territory of the [F16 United Kingdom] 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 [F17 territory of the United Kingdom] of [F18 goods not in free circulation] which pass through the [F17 territory of the United Kingdom] with a destination outside the [F17 territory of the United Kingdom];

(t)

[F19 “third country” means any country or territory other than the United Kingdom or the Isle of Man;

(u)

“United Kingdom national” means a person who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, or a person who, under the British Nationality Act 1981 , is a British subject or a British protected person within the meaning of that Act;

(v)

“United Kingdom person” means a United Kingdom national or a person, entity or body incorporated or constituted under the law of the United Kingdom or of any part of the United Kingdom;

(w)

“European Union national” means a natural person who is a national of a member State;

(x)

a person is “resident or established” in the country or territory in which, in the case of a natural person, that person has their habitual residence and, in the case of any other person, that person has its registered office, central headquarters or a permanent business establishment;

(y)

“permanent business establishment” has the meaning given by Article 5(32) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code.]

Textual Amendments

F3 Words in Art. 2(d) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(3)(a)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F4 Words in Art. 2(d) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(3)(a)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F5 Words in Art. 2(e) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(3)(b)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F6 Words in Art. 2(e) 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(3)(b)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F7 Art. 2(h) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(3)(c) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F8 Word in Art. 2(i)(2) 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(3)(d)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F9 Words in Art. 2(i)(2) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(3)(d)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F10 Art. 2(j) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(3)(e) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F11 Art. 2(l) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(3)(f) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F12 Art. 2(m) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(3)(g) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F13 Art. 2(n) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(3)(h) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F14 Art. 2(o) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(3)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F15 Word in Art. 2(p) 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(3)(j)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F16 Words in Art. 2(p) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(3)(j)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F17 Words in Art. 2(s) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(3)(k)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F18 Words in Art. 2(s) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(3)(k)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F19 Arts. 2(t)-(y) inserted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(3)(l) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

CHAPTER II U.K. 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 U.K. Export prohibition

1. Any export of goods listed in Annex II shall be prohibited, irrespective of the origin of such goods.

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 [F20 any country or territory outside of the United Kingdom], whether for consideration or not.

2. By way of derogation from paragraph 1, the competent authority may authorise an export of goods listed in Annex II, and the supply of related technical assistance, if it is demonstrated that, in the country to which the goods will be exported, such goods will be used for the exclusive purpose of public display in a museum in view of their historic significance.

Textual Amendments

F20 Words in Art. 3(1) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(4) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

Article 4 U.K. Import prohibition

1. Any import of goods listed in Annex II shall be prohibited, irrespective of the origin of such goods.

The acceptance by a person, entity or body in the [F21 United Kingdom] of technical assistance related to goods listed in Annex II supplied from [F22 any country or territory outside of the United Kingdom], whether for consideration or not, by any person, entity or body shall be prohibited.

2. By way of derogation from paragraph 1, the competent authority may authorise an import of goods listed in Annex II, and the supply of related technical assistance, if it is demonstrated that, F23 ... such goods will be used for the exclusive purpose of public display in a museum in view of their historic significance.

Textual Amendments

F21 Words in Art. 4(1) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(5)(a)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F22 Words in Art. 4(1) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(5)(a)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F23 Words in Art. 4(2) 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(5)(b) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

Article 5 U.K. Prohibition of transit

1. Any transit of goods listed in Annex II shall be prohibited.

2. By way of derogation from paragraph 1, the competent authority may authorise a transit of goods listed in Annex II, if it is demonstrated that, in the country of destination, such goods will be used for the exclusive purpose of public display in a museum in view of their historic significance.

Article 6 U.K. Prohibition of brokering services

A broker shall be prohibited from supplying to any person, entity or body in [F24 any country or territory outside of the United Kingdom], brokering services in relation to goods listed in Annex II, irrespective of the origin of such goods.

Textual Amendments

F24 Words in Art. 6 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(6) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

Article 7 U.K. 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 [F25 any country or territory outside of the United Kingdom], training on the use of goods listed in Annex II.

Textual Amendments

F25 Words in Art. 7 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(7) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

Article 8 U.K. Trade fairs

It shall be prohibited for any natural or legal person, entity or body, including a partnership, whether resident or established in [F26 the United Kingdom] 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 [F27 United Kingdom], 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.

Textual Amendments

F26 Words in Art. 8 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(8)(a) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F27 Words in Art. 8 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(8)(b) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

[F28 Article 9 U.K. Advertising

It shall be prohibited—

(a) for any person resident or established in the United Kingdom who sells or purchases advertising space or advertising time from within the United Kingdom;

(b) for any United Kingdom national who sells or purchases advertising space or advertising time from within the United Kingdom;

(c) for any United Kingdom person who sells or purchases advertising space or advertising time from a country within the European Union;

(d) for any person resident or established in the European Union who sells or purchases advertising space or advertising time from within the United Kingdom; and

(e) for any European Union national who sells or purchases advertising space or advertising time from within the United Kingdom,

to sell to or to purchase from any person in any country or territory outside of the United Kingdom advertising space in print media or on the internet or advertising time on television or radio in relation to goods listed in Annex 2.]

Textual Amendments

F28 Art. 9 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(9) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F29 Article 10 U.K. National measures

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

Textual Amendments

F29 Art. 10 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(10) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

CHAPTER III U.K. GOODS THAT COULD BE USED FOR THE PURPOSE OF TORTURE OR OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

Article 11 U.K. Export authorisation requirement

1. For any export of goods listed in Annex III, an authorisation shall be required, irrespective of the origin of such goods. However, no authorisation shall be required for goods which only pass through the F30 ... territory of the [F31 United Kingdom], namely those which are not assigned a customs approved treatment or use other than the F32 ... transit procedure [F33 within the meaning given by paragraph 5 of Schedule 2 to the Taxation (Cross-border Trade) Act 2018], including storage of F34 ... goods in a free zone.

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;

[F35 (c) goods listed in Schedule 2 to the Export Control Order 2008 .]

F36 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Paragraph 1 shall not apply to exports to third countries, provided that the goods are used by military or civil personnel of [F37 the United Kingdom], if such personnel is taking part in [F38 a] UN peace keeping or crisis management operation in the third country concerned or in an operation based on agreements [F39 between the United Kingdom] and third countries in the field of defence. Customs and other relevant authorities shall have the right to verify whether this condition is met. Pending such verification, the export shall not take place.

Textual Amendments

F30 Word in Art. 11(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(11)(a)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F31 Words in Art. 11(1) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(11)(a)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F32 Word in Art. 11(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(11)(a)(iii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F33 Words in Art. 11(1) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(11)(a)(iv) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F34 Word in Art. 11(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(11)(a)(v) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F35 Art. 11(1)(c) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(11)(a)(vi) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F36 Art. 11(2) 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(11)(b) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F37 Words in Art. 11(3) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(11)(c)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F38 Word in Art. 11(3) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(11)(c)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F39 Words in Art. 11(3) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(11)(c)(iii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

Article 12 U.K. Criteria for granting export authorisations

1. Decisions on applications for authorisations in respect of the export of goods listed in Annex III shall be taken by the competent [F40 authority], taking into account all relevant considerations, including F41 ... 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 goods listed in Annex III might be used for torture or other cruel, inhuman or degrading treatment or punishment, including judicial corporal punishment, by a law enforcement authority or any natural or legal person in a third country.

The competent authority shall take into account:

(a) available international court [F42 judgments];

(b) findings of the competent bodies of [F43 the UN and the Council of Europe] 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.

3. The rules laid down in the second and third subparagraphs shall apply to the verification of the intended end-use and the risk of diversion.

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.

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

F40 Word in Art. 12(1) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(12)(a)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F41 Words in Art. 12(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(12)(a)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F42 Word in Art. 12(2)(a) substituted (31.12.2020) by virtue of The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(12)(b) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F43 Words in Art. 12(2)(b) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(12)(c) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

Article 13 U.K. Prohibition of transit

A natural or legal person, entity or body, including a partnership, whether resident or established in [F44 the United Kingdom] 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.

Textual Amendments

F44 Words in Art. 13 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(13) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F45 Article 14 U.K. National measures

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

Textual Amendments

F45 Art. 14 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(14) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

Article 15 U.K. Authorisation requirement for certain services

1. 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 [F46 any country or territory outside of the United Kingdom], 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.

2. When deciding on applications for an authorisation for the supply of brokering services concerning goods listed in Annex III, Article 12 shall apply mutatis mutandis.

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.

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

[F47 (a) the technical assistance is supplied to military or civil personnel of the United Kingdom in the circumstances 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 [F48 the competent] authority in accordance with this Regulation.

F49 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46 Words in Art. 15(1) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(15)(a) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F47 Art. 15(3)(a) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(15)(b)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F48 Words in Art. 15(3)(c) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(15)(b)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F49 Art. 15(4) 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(15)(c) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

CHAPTER IV U.K. GOODS THAT COULD BE USED FOR THE PURPOSE OF CAPITAL PUNISHMENT

Article 16 U.K. Export authorisation requirement

1. For any export of goods listed in Annex IV, an authorisation shall be required irrespective of the origin of such goods. However, no authorisation shall be required for goods which only pass through the F50 ... territory of the [F51 United Kingdom], namely those which are not assigned a customs approved treatment or use other than the F52 ... transit procedure [F53 within the meaning given by paragraph 5 of Schedule 2 to the Taxation (Cross-border Trade) Act 2018], including storage of F54 ... goods in a free zone.

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

[F55 (c) goods listed in Schedule 2 to the Export Control Order 2008.]

2. Where the export of medicinal products requires an export authorisation pursuant to this Regulation and the export is also subject to authorisation requirements in accordance with international conventions controlling narcotic drugs and psychotropic substances, such as the 1971 Convention on Psychotropic Substances, [F56 the competent authority] may use a single procedure to carry out the obligations imposed [F57 on it] by this Regulation and by the relevant convention.

Textual Amendments

F50 Word in Art. 16(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(16)(a)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F51 Words in Art. 16(1) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(16)(a)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F52 Word in Art. 16(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(16)(a)(iii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F53 Words in Art. 16(1) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(16)(a)(iv) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F54 Word in Art. 16(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(16)(a)(v) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F55 Art. 16(1)(c) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(16)(b) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F56 Words in Art. 16(2) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(16)(c)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F57 Words in Art. 16(2) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(16)(c)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

Article 17 U.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 [F58 competent authority], taking into account all relevant considerations, including F59 ... 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.

F60 ...

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

F58 Words 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)

F59 Words 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)

F60 Words 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)

Article 18 U.K. Prohibition of transit

A natural or legal person, entity or body, including a partnership, whether resident or established in [F61 the United Kingdom] 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.

Textual Amendments

F61 Words in Art. 18 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(18) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

Article 19 U.K. Authorisation requirement for certain services

1. 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 [F62 any country or territory outside of the United Kingdom] whether for consideration or not:

(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.

2. When deciding on applications for an authorisation for the supply of brokering services concerning goods listed in Annex IV Article 17 shall apply mutatis mutandis.

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.

3. 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.

Textual Amendments

F62 Words in Art. 19(1) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(19) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

CHAPTER V U.K. AUTHORISATION PROCEDURES

Article 20 U.K. Types of authorisations and issuing authorities

1. A F63 ... General Export Authorisation for certain exports as set out in Annex V is established by this Regulation.

The competent authority F64 ... 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.

F65 ...

2. An authorisation for exports other than those referred to in paragraph 1 for which an authorisation is required under this Regulation shall be granted by the competent authority F66 .... Such authorisation may be an individual or a global authorisation, if it concerns goods listed in Annex III or in Annex IV. An authorisation concerning goods listed in Annex II shall be an individual authorisation.

3. An authorisation for transit of goods listed in Annex II shall be granted by the competent authority F67 ... . Such an authorisation shall be an individual authorisation.

4. An authorisation for imports for which an authorisation is required under this Regulation shall be granted by the competent authority F68 .... An authorisation concerning goods listed in Annex II shall be an individual authorisation.

[F69 5. An authorisation for the supply of technical assistance related to goods listed in Annex 2, 3, or 4 shall be granted by the competent authority.]

F70 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. An authorisation for the supply of brokering services related to goods listed in Annex III or in Annex IV shall be granted by the competent authority F71 .... Such an authorisation shall be granted for a set quantity of specific goods moving between two or more third countries. The location of the goods in the originating third country, the end-user and its exact location shall be clearly identified.

8. Applicants shall supply the competent authority with all relevant information required for their applications for an individual or global authorisation for exports or for brokering services, for an authorisation for technical assistance, for an individual import authorisation or for an individual authorisation for transit.

As regards exports, the competent [F72 authority] 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 [F72 authority] 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.

9. By way of derogation from paragraph 8, where a manufacturer or a manufacturer's representative is to export or to sell and transfer goods included in point 3.2 or 3.3 of Annex III or in Section 1 of Annex IV to a distributor in a third country, the manufacturer shall provide information on the arrangements made and the measures taken to prevent the goods included in point 3.2 or 3.3 of Annex III from being used for torture or other cruel, inhuman or degrading treatment or punishment or to prevent the goods included in Section 1 of Annex IV from being used for capital punishment, on the country of destination and, if available, information on the end-use and the end-users of the goods.

10. [F73 At the request of one or more of the bodies comprising the United Kingdom's national preventive mechanism] established under the Optional Protocol to the 1984 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the competent [F74 authority] may decide to make the information they have received from an applicant on the country of destination, the consignee, the end-use and the end-users or, where relevant, the distributor and the arrangements and measures referred to in paragraph 9, available to [F75 the relevant body or bodies]. The competent [F74 authority] shall hear the applicant before the information is made available and may impose restrictions on the use that can be made of the information. F76 ...

F77 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F63 Word in Art. 20(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(20)(a)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F64 Words in Art. 20(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(20)(a)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F65 Words in Art. 20(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(20)(a)(iii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F66 Words in Art. 20(2) 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(20)(b) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F67 Words in Art. 20(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(20)(c) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F68 Words in Art. 20(4) 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(20)(d) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F69 Art. 20(5) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(20)(e) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F70 Art. 20(6) 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(20)(f) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F71 Words in Art. 20(7) 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(20)(g) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F72 Word in Art. 20(8) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(20)(h) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F73 Words in Art. 20(10) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(20)(i)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F74 Word in Art. 20(10) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(20)(i)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F75 Words in Art. 20(10) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(20)(i)(iii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F76 Words in Art. 20(10) 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(20)(i)(iv) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F77 Art. 20(11) 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(20)(j) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

Article 21 U.K. Authorisations

1. Authorisations for export, import or transit shall be issued on a form consistent with the model set out in Annex VII. Authorisations concerning brokering services shall be issued on a form consistent with the model set out in Annex VIII. Authorisations concerning technical assistance shall be issued on a form consistent with the model set out in Annex IX. F78 ... The period of validity of an authorisation shall be from three to twelve months, with a possible extension of up to twelve months. The period of validity of a global authorisation shall be from one year to three years with a possible extension of up to two years.

2. An authorisation for export granted in accordance with Article 12 or with Article 17 implies an authorisation for the exporter to supply 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.

3. Authorisations may be issued by electronic means. F79 ....

4. Authorisations for export, import, transit, the supply of technical assistance or the supply of brokering services shall be subject to any requirements and conditions the competent authority deems appropriate.

5. The competent [F80 authority], acting in accordance with this Regulation, may refuse to grant an authorisation and may annul, suspend, modify or revoke an authorisation which they have already granted.

Textual Amendments

F78 Words in Art. 21(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(21)(a) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F79 Words in Art. 21(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(21)(b) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F80 Word in Art. 21(5) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(21)(c) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

Article 22 U.K. Customs formalities

1. When completing customs formalities, the exporter or importer shall submit the duly completed form set out in Annex VII as proof that the necessary authorisation for the export or import concerned has been obtained. F81 ...

2. If a customs declaration is made concerning goods listed in Annex II, III or IV and it is confirmed that no authorisation has been granted pursuant to this Regulation for the intended export or import, [F82 Her Majesty's Revenue and Customs] shall detain the goods declared and shall make the exporter or importer aware of the possibility to apply for an authorisation pursuant to this Regulation. If no application for an authorisation is made within six months of the detention, or if the competent authority dismisses such an application, [F82 Her Majesty's Revenue and Customs] shall dispose of the detained goods F83 ....

Textual Amendments

F81 Words in Art. 22(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(22)(a) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F82 Words in Art. 22(2) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(22)(b)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F83 Words in Art. 22(2) 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(22)(b)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F84 Article 23 U.K. Notification and consultation requirement

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

Textual Amendments

F84 Art. 23 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(23) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

CHAPTER VI U.K. GENERAL AND FINAL PROVISIONS

[F85 Article 24 U.K. Amendment of Annexes

1. The Secretary of State may by regulations amend the following provisions of this Regulation—

(a) Annex 2;

(b) Annex 3;

(c) Annex 4;

(d) Annex 5;

(e) Annex 7;

(f) Annex 8;

(g) Annex 9.

2. Regulations under paragraph 1 are to be made by statutory instrument.

3. Regulations under paragraph 1—

(a) may make different provision with respect to different cases or descriptions of case;

(b) may include—

(i)) incidental, supplementary or consequential provision;

(ii)) transitional, transitory or saving provision.

4. A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F85 Art. 24 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(24) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F86 Article 25 U.K. Requests for adding goods to one of the lists of goods

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

Textual Amendments

F86 Art. 25 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(25) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

Article 26 U.K. [F87 Annual activity report]

F88 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F89 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. [F90 The Secretary of State shall prepare and publish an] annual activity report, providing information on the number of applications received, on the goods and countries concerned by these applications, and on the decisions F91 ... taken on these applications. This report shall not include information the disclosure of which [F92 the Secretary of State] considers to be contrary to the essential interests of [F93 the United Kingdom's security].

F94 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87 Art. 26 heading substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(26)(a) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F88 Art. 26(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(26)(b) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F89 Art. 26(2) 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(26)(b) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F90 Words in Art. 26(3) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(26)(c)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F91 Words in Art. 26(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(26)(c)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F92 Words in Art. 26(3) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(26)(c)(iii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F93 Words in Art. 26(3) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(26)(c)(iv) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F94 Art. 26(4) 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(26)(d) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F95 Art. 26(5) 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(26)(d) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F96 Art. 26(6) 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(26)(d) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F97 Article 27 U.K. Processing of personal data

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

Textual Amendments

F97 Art. 27 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(27) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

Article 28 U.K. Use of information

Without prejudice to F98 ... legislation on public access to documents, information received pursuant to this Regulation shall be used only for the purpose for which it was requested.

Textual Amendments

F98 Words in Art. 28 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(28) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F99 Article 29 U.K. Exercise of the delegation

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

Textual Amendments

F99 Art. 29 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(29) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F100 Article 30 U.K. Urgency procedure

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

Textual Amendments

F100 Art. 30 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(30) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F101 Article 31 U.K. Anti-Torture Coordination Group

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

Textual Amendments

F101 Art. 31 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(31) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F102 Article 32 U.K. Review

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

Textual Amendments

F102 Art. 32 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(32) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F103 Article 33 U.K. Penalties

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

Textual Amendments

F103 Art. 33 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(33) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F104 Article 34 U.K. Territorial scope

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

Textual Amendments

F104 Art. 34 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(34) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

Article 35 U.K. 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.

F105 Article 36 U.K. Entry into force

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

Textual Amendments

F105 Art. 36 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(35) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F106 ...

Textual Amendments

F106 Words in Signature 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(36) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F107 ANNEX I U.K. LIST OF AUTHORITIES REFERRED TO IN ARTICLES 20 AND 23, AND ADDRESS FOR NOTIFICATIONS TO THE EUROPEAN COMMISSION

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

Textual Amendments

F107 Annex 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(37) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

ANNEX II LIST OF GOODS REFERRED TO IN ARTICLES 3 AND 4

Introductory Note: U.K.

[F108 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

F108 Words 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.

[F109 Commodity 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

Textual Amendments

F109 Words in Annex 2 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(38)(b) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

ANNEX III LIST OF GOODS REFERRED TO IN ARTICLE 11

Introductory Note: U.K.

[F110 “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

F110 Words 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).
[F111 Commodity 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

Textual Amendments

F111 Words 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)(b) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

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

[F112 Commodity 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.

Textual Amendments

F112 Words in Annex 4 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(39) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

ANNEX V [F113 GENERAL EXPORT AUTHORISATION]

Textual Amendments

F113 Annex 5 heading substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(40)(a) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

PART 1 U.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 2 U.K. Destinations

F114 ...

Textual Amendments

F114 Words in Annex 5 Pt. 2 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(40)(b)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

This general export authorisation is valid F115 ... for exports to the following destinations:

• F116 ...

• [F117 Relevant 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

• F118 ...

• Gabon

• [F119 The Gambia]

• Georgia

• Guinea-Bissau

• Honduras

• Iceland

• Kyrgyzstan

• Liberia

• Liechtenstein

• [F119 Madagascar]

• Mexico

• Moldova

• Mongolia

• Montenegro

• Mozambique

• Namibia

• Nepal

• New Zealand

• Nicaragua

• [F119 North 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

Textual Amendments

F115 Words in Annex 5 Pt. 2 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(40)(b)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F116 Words in Annex 5 Pt. 2 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(40)(b)(iii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F117 Words in Annex 5 Pt. 2 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(40)(b)(iv) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F118 Deleted by Commission Delegated Regulation (EU) 2020/621 of 18 February 2020 amending Annexes I and V to Regulation (EU) 2019/125 of the European Parliament and of the Council concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

F119 Inserted by Commission Delegated Regulation (EU) 2020/621 of 18 February 2020 amending Annexes I and V to Regulation (EU) 2019/125 of the European Parliament and of the Council concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

PART 3 U.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 [F120 authority 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 [F121 another] country or to be used for the purpose of capital punishment in [F121 another] 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 [F122 another] country or to be used for the purpose of capital punishment in [F122 another] 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.

Textual Amendments

F120 Words in Annex 5 Pt. 3 para (1) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(40)(c)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F121 Word in Annex 5 Pt. 3 para (1) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(40)(c)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F122 Word in Annex 5 Pt. 3 para (1) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(40)(c)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

(2) Exporters that use this general export authorisation F123 ... shall notify the competent [F124 authority] 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 F125 ....

Textual Amendments

F125 Words in Annex 5 Pt. 3 para (2) 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(40)(c)(iii)(cc) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

Textual Amendments

F123 Words in Annex 5 Pt. 3 para (2) 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(40)(c)(iii)(aa) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F124 Word in Annex 5 Pt. 3 para (2) substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(40)(c)(iii)(bb) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

(3) F126 ... U.K.

Textual Amendments

F126 Annex 5 Pt. 3 para (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(40)(c)(iv) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F127 ANNEX VI LIST OF TERRITORIES OF MEMBER STATES REFERRED TO IN ARTICLE 11(2)

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

Textual Amendments

F127 Annex 6 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(41) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

ANNEX VII EXPORT 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.

F128

Textual Amendments

F128 Annex 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 form U.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 F129 ....

Textual Amendments

F129 Words in Annex 7 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(42)(h)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

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 F130 ... additional copies of the form [F131 are required] (as for example for the application) this authorisation form may be included in a form set containing the necessary copies F132 .... 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.

Textual Amendments

F130 Words in Annex 7 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(42)(h)(ii)(aa) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F131 Words in Annex 7 inserted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(42)(h)(ii)(bb) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F132 Words in Annex 7 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(42)(h)(ii)(cc) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

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	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) F133 ... 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. F134 ....
Box 6	Country where the goods are located:	Please state [F135 the name of the country concerned].
Box 7	Country of destination:	Please state [F136 the name of the country concerned]
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).

Textual Amendments

F133 Words in Annex 7 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(42)(h)(iii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F134 Words in Annex 7 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(42)(h)(iv) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F135 Words in Annex 7 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(42)(h)(v) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F136 Words in Annex 7 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(42)(h)(vi) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

ANNEX VIII AUTHORISATION 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.

F137

Textual Amendments

F137 Annex 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 form U.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. F138 ....

Textual Amendments

F138 Words in Annex 8 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(43)(f)(i) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

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 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 F139 ... 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	F140 ... country where the goods are located	Please state [F141 the name of the country concerned].
Box 7	F142 ... country of destination	Please state [F143 the name of the country concerned].
F144 . . .	F144 . . .	F144 . . .
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 F145 ... country from which they will be exported	Please describe the whereabouts of the goods in the F145 ... 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 [F146 the Tariff of the United Kingdom] is known, that code may be used instead. F147 ...
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).

Textual Amendments

F139 Word in Annex 8 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(43)(f)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F140 Word in Annex 8 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(43)(f)(iii)(aa) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F141 Words in Annex 8 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(43)(f)(iii)(bb) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F142 Word in Annex 8 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(43)(f)(iv)(aa) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F143 Words in Annex 8 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(43)(f)(iv)(bb) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F144 Words in Annex 8 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(43)(f)(v) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F145 Word in Annex 8 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(43)(f)(vi) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F146 Words in Annex 8 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(43)(f)(vii)(aa) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 14(c)(iii), 15)

F147 Words in Annex 8 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(43)(f)(vii)(bb) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

ANNEX IX AUTHORISATION 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.

F148

Textual Amendments

F148 Annex 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 form U.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 F149 ... General Export Authorisation F150 ... in Annex V to Regulation (EU) 2019/125).

Textual Amendments

F149 Word in Annex 9 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(44)(g)(i)(aa) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F150 Words in Annex 9 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(44)(g)(i)(bb) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

The issuing authority is the authority defined in point (h) of Article 2 of Regulation (EU) 2019/125. F151 ....

Textual Amendments

F151 Words in Annex 9 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(44)(g)(ii) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

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 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 (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 3	Authorisation No	Please fill out the number and tick the appropriate box indicating the Article of Regulation (EU) 2019/125 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 (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 6	F152 ... country F153 ... to which the technical assistance will be supplied	Please state [F154 the name of the country concerned].
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).
F155 . . .	F155 . . .	F155 . . .
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 IV to Regulation (EU) 2019/125.
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 (EU) 2019/125. If the technical assistance is supplied from a F156 ... country other than the F156 ... country where the recipient is resident or established, please state [F157 the name of the country concerned].
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 (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 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).

Textual Amendments

F152 Word in Annex 9 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(44)(g)(iii)(aa) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F153 Words in Annex 9 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(44)(g)(iii)(bb) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F154 Words in Annex 9 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(44)(g)(iii)(dd) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F155 Words in Annex 9 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(44)(g)(iv) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F156 Words in Annex 9 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(44)(g)(v)(aa) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

F157 Words in Annex 9 substituted (31.12.2020) by The Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1479), regs. 1, 2(44)(g)(v)(cc) (with reg. 3) (as amended by S.I. 2020/1502, regs. 1(2), 13, 15)

ANNEX X

REPEALED REGULATION WITH LIST OF ITS SUCCESSIVE AMENDMENTS U.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 TABLE U.K.

Regulation (EC) No 1236/2005	This Regulation
Article 1	Article 1
Article 2	Article 2
Article 3	Article 3
Article 4	Article 4
Article 4a	Article 5
Article 4b	Article 6
Article 4c	Article 7
Article 4d	Article 8
Article 4e	Article 9
Article 4f	Article 10
Article 5	Article 11
Article 6(1)	Article 12(1)
Article 6(2), first subparagraph	Article 12(2), first subparagraph
Article 6(2), second subparagraph, introductory wording	Article 12(2), second subparagraph, introductory wording
Article 6(2), second subparagraph, first indent	Article 12(2), second subparagraph, point (a)
Article 6(2), second subparagraph, second indent	Article 12(2), second subparagraph, point (b)
Article 6(2), third subparagraph	Article 12(2), third subparagraph
Article 6(3), introductory wording	Article 12(3), first subparagraph
Article 6(3), point 3.1	Article 12(3), second subparagraph
Article 6(3), point 3.2	Article 12(3), third subparagraph
Article 6a	Article 13
Article 7	Article 14
Article 7a	Article 15
Article 7b	Article 16
Article 7c(1)	Article 17(1)
Article 7c(2)	Article 17(2)
Article 7c(3), introductory wording	Article 17(3), first subparagraph
Article 7c(3), point 3.1	Article 17(3), second subparagraph
Article 7c(3), point 3.2	Article 17(3), third subparagraph
Article 7c(3), point 3.3	Article 17(3), fourth subparagraph
Article 7c(4)	Article 17(4)
Article 7d	Article 18
Article 7e	Article 19
Article 8	Article 20
Article 9	Article 21
Article 10	Article 22
Article 11	Article 23
Article 12	Article 24
Article 12a	Article 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 13a	Article 27
Article 14	Article 28
Article 15a	Article 29
Article 15b	Article 30
Article 15c	Article 31
Article 15d	Article 32
Article 17	Article 33
Article 18	Article 34
—	Article 35
Article 19	Article 36
Annex I	Annex I
Annex II	Annex II
Annex III	Annex III
Annex IIIa	Annex IV
Annex IIIb	Annex V
Annex IV	Annex VI
Annex V	Annex VII
Annex VI	Annex VIII
Annex VII	Annex IX
—	Annex X
—	Annex XI

(1)

Position of the European Parliament of 29 November 2018 (not yet published in the Official Journal) and Decision of the Council of 17 December 2018.

(2)

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 (OJ L 200, 30.7.2005, p. 1).

(3)

See Annex X.

(4)

Resolution 3452 (XXX) of 9 December 1975 of the General Assembly of the United Nations.

(5)

Resolution 34/169 of 17 December 1979 of the General Assembly of the United Nations.

(6)

Approved by Resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977 of the Economic and Social Council of the United Nations.

(7)

Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (OJ L 335, 13.12.2008, p. 99).

(8)

Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, p. 1).

(9)

Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations' Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition (OJ L 94, 30.3.2012, p. 1).

(10)

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(11)

Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

(12)

OJ L 123, 12.5.2016, p. 1.

(13)

Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).