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
Date: 2005-06-27
Institutions: Council of the European Union
Subjects: cruel and degrading treatment, death penalty, exchange of information, human rights, international trade, third country, torture, trade regulations

30.7.2005

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(Acts whose publication is obligatory)

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 133 thereof,

establishing the European

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

In view of

Pursuant to Article 6 of the Treaty on European Union,
freedoms
respect
for human rights and fundamental
common to the
the principles
constitutes one of
the Community
Member States.
this,
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
it
concludes with third countries.

a general nature

that

Article 5 of the Universal Declaration of Human Rights,
the International Covenant on Civil and
Article 7 of
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 Against
Torture (1) and the 1984 United Nations Convention
Against
or
Degrading Treatment or Punishment, place an obligation
on States to prevent torture.

and Other Cruel,

Inhuman

Torture

Article 2(2) of the Charter of Fundamental Rights of the
European Union (2)
shall be

that no one

states

(1) Resolution 3452 (XXX) of 9.12.1975 of the General Assembly of

the United Nations.

(2) OJ C 364, 18.12.2000, p. 1.

(4)

(5)

condemned to the death penalty or executed. On 29 June
1998, the Council approved ‘Guidelines on EU policy
third countries on the death penalty’ and
towards
resolved that the European Union would work towards
the universal abolition of the death penalty.

Article 4 of the said Charter states that no one shall be
to inhuman or degrading
subjected to torture or
the
treatment or punishment. On 9 April 2001,
Council approved ‘Guidelines to the EU policy toward
third countries, on torture and other cruel, inhuman or
degrading treatment or punishment’. These guidelines
refer to both the adoption of the EU Code of Conduct
on Arms Exports in 1998 and the ongoing work to
introduce EU-wide controls on the exports of parami-
litary equipment as examples of measures to work effec-
tively towards the prevention of torture and other cruel,
inhuman or degrading treatment or punishment within
the Common Foreign and Security
Policy. These
guidelines also provide for third countries to be urged
to prevent
the use and production of, and trade in,
equipment which is designed to inflict torture or other
inhuman or degrading treatment or punishment
cruel,
and prevent the abuse of any other equipment to these
ends. They also make the point that the prohibition of
cruel, inhuman or degrading punishment imposes clear
limits on the use of the death penalty. Therefore and in
line with these texts, capital punishment is not to be
considered a lawful penalty under any circumstances.

Punishment,

In its Resolution on Torture and other Cruel, Inhuman or
Degrading Treatment or
adopted on
25 April 2001 and supported by the EU Member
States,
the United Nations Commission on Human
Rights called upon United Nations Members to take
appropriate
to
prevent and prohibit, inter alia, the export of equipment
which is specifically designed to inflict torture or other
cruel,
inhuman or degrading treatment or punishment.
This point was confirmed by Resolutions adopted on 16
April 2002, 23 April 2003, 19 April 2004 and
19 April 2005.

including legislative measures,

steps,

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(6)

(7)

(8)

(9)

(10)

On 3 October 2001, the European Parliament adopted a
Resolution (1) on the Council's second Annual Report
according to Operative Provision 8 of
the European
Union Code of Conduct on Arms Exports, urging the
Commission to act swiftly to bring forward an appro-
priate Community instrument banning the promotion,
trade and export of police and security equipment the
use of which is inherently cruel, inhuman or degrading,
and to ensure that that Community instrument would
suspend the transfer of police and security equipment
the medical effects of which are not fully known, and
of such equipment where its use in practice has revealed
a substantial risk of abuse or unwarranted injury.

It is therefore appropriate to lay down Community 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
inhuman or degrading treatment or punishment.
cruel,
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 Community 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 of Fundamental Rights of the European Union
and international conventions and treaties.

it

this Regulation,

inhuman or degrading

is considered
For the purpose of
torture and
appropriate to apply the definitions of
treatment or
other
cruel,
punishment
laid down in the 1984 United Nations
Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment and in Reso-
lution 3452 (XXX) of
the
United Nations. These definitions should be interpreted
taking into account the case law on the interpretation of
the corresponding terms in the European Convention on
Human Rights and in relevant texts adopted by the EU or
its Member States.

the General Assembly of

It is considered necessary to prohibit exports and imports
of equipment which has 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.

torture

It is also necessary to impose controls on exports of
certain goods which could be used not only for the
inhuman or
purpose of
and other
degrading
also for
treatment or punishment, but
should apply to
legitimate purposes. These controls
law enforcement
that are primarily used for
goods
purposes and, unless such controls prove dispropor-
tionate, to any other equipment or product that could
be abused for the purpose of torture and other cruel,

cruel,

(1) OJ C 87 E, 11.4.2002, p. 136.

inhuman or degrading treatment or punishment, taking
into account its design and technical features.

(11) As regards law enforcement equipment,

it should be
noted that Article 3 of the Code of Conduct for Law
Enforcement Officials (2) 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.

(12)

In view of this, the Basic Principles advocate the devel-
opment of non-lethal incapacitating weapons for use in
appropriate situations, while admitting that the use of
In this
such weapons should be carefully controlled.
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 incapa-
in several
citate persons. There are indications that,
countries, such weapons are abused for the purpose of
torture and other cruel, inhuman or degrading treatment
or punishment.

(13)

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.

(14)

This Regulation should also apply to trade in some
specific chemical substances used to incapacitate persons.

for

the Treatment

(15) As regards leg-irons, gang-chains and shackles and cuffs,
it should be noted that Article 33 of the United Nations
Standard Minimum Rules
of
Prisoners (3) provides that instruments of restraint shall
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 shall 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.

(2) Resolution 34/169 of 17.12.1979 of the General Assembly of the

United Nations.

(3) Approved by Resolutions 663 C (XXIV) of 31.7.1957 and 2076
(LXII) of 13.5.1977 of the Economic and Social Council of the
United Nations.

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(16)

(17)

(18)

(19)

(20)

it

to prohibit exports and imports of

Taking into account the fact that some Member States
have already prohibited exports and imports of such
is appropriate to grant Member States the
goods,
right
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.

torture and other cruel, degrading or

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
inhuman
treatment or punishment. It is not considered necessary
to establish similar controls on transactions within the
Community as, in the Member States, capital punishment
does not exist and Member States will have adopted
appropriate measures to outlaw and prevent
torture
inhuman or degrading treatment or
and other cruel,
punishment.

This Regulation shall be construed as not affecting the
existing rules on export of tear gases and riot control
agents (1), of firearms, of chemical weapons and of toxic
chemicals.

(22)

It is appropriate to provide for specific exemptions from
the export controls in order not to impede the func-
tioning of the police forces of the Member States and
the execution of peace keeping or crisis management
in
operations and, subject to review at a later stage,
order to allow transit of foreign goods.

and

other

cruel,

inhuman

in order to
The aforementioned Guidelines state that,
meet the objective of taking effective measures against
torture
degrading
treatment or punishment, measures should be taken to
the use, production and trade of equipment
prevent
torture or other cruel,
which is designed to inflict
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.

or

that

inter alia,

The Guidelines to the EU Policy toward third countries
inhuman or degrading
on torture and other cruel,
treatment or punishment provide,
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 these and similar reports
made by relevant international and civil society organi-
sations 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
treatment or
inhuman or degrading
cruel,
punishment.

and

other

cruel,

inhuman

In order to contribute to the abolition of
the death
penalty in third countries and to the prevention of
torture
degrading
it is considered necessary to
treatment or punishment,
prohibit
technical
the supply to third countries of
assistance related to goods which have no practical use
other than for the purpose of capital punishment or for
the purpose of
inhuman or
degrading treatment or punishment.

torture and other cruel,

or

(23)

(24)

(25)

In order to take into account new data and technological
developments, the lists of goods covered by this Regu-
lation should be kept under review and provision should
be made for a specific procedure to amend these lists.

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.

The measures necessary for the implementation of this
Regulation should be
adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (2).

(26) Member States

should lay down rules on penalties
this
applicable to infringements of
Regulation and ensure
implemented.
that
Those penalties should be effective, proportionate and
dissuasive.

the provisions of
they are

(27) Nothing in this Regulation constrains any powers under
and pursuant to Council Regulation (EEC) No 2913/92
of 12 October 1992 establishing the Community
Customs Code (3)
implementing provisions,
as
(EEC)
down
No 2454/93 (4).

in Commission Regulation

and its

laid

(21)

The measures of this Regulation are intended to prevent
both capital punishment and torture and other cruel,
in
inhuman or degrading treatment or punishment

(2) OJ L 184, 17.7.1999, p. 23.
(3) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by (EC)
the Council

the European Parliament and of

No 648/2005 of
(OJ L 117, 4.5.2005, p. 13).

(1) See item ML 7(c) of the Common Military List of the European

(4) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

Union, OJ C 127, 25.5.2005, p. 1.

lation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).

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(28)

rights and
This Regulation respects the fundamental
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union,

authority, any public or private prison authority and,
where appropriate, any of
the state security forces and
military authorities;

HAS ADOPTED THIS REGULATION:

CHAPTER I

Subject matter, scope and definitions

Article 1

Subject matter and scope

1.
This Regulation lays down Community rules governing
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,
and in related technical assistance.

This Regulation does not apply to the supply of related
cross-border
supply

2.
technical
that
assistance
movement of natural persons.

involves

if

Article 2

Definitions

For the purposes of this Regulation:

(a)

committed

‘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
of having
or
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
include pain or suffering
capacity.
lawful
arising only from,
penalties;

It does not, however,

incidental

suspected

inherent

in or

to,

is

(b) ‘other

cruel,

inhuman

treatment

degrading

or
or
punishment’ means any act by which significant pain or
suffering, 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
include pain or suffering
capacity.
arising only from,
lawful
penalties;

It does not, however,

incidental

inherent

in or

to,

(d)

(e)

(f)

(g)

the Community,
requires

‘export’ means any departure of goods from the customs
including the departure of
territory of
goods
customs declaration and the
that
departure of goods after their storage in a free zone of
control type I or free warehouse within the meaning of
Regulation (EEC) No 2913/92;

a

‘import’ means any entry of goods
into the customs
territory of the Community,
including temporary storage,
the placing in a free zone or free warehouse, the placing
under a suspensive procedure and the release for free circu-
lation within the meaning of Regulation (EEC) No 2913/92;

‘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
consulting
working knowledge or
services.
skills or
Technical assistance includes verbal
forms of assistance
and assistance provided by electronic means;

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

conserves,
for purposes of

and exhibits,

(h) ‘competent authority’ means an authority of one of the
Member States, as listed in Annex I, which in accordance
with Article 8(1) is entitled to make a decision on an appli-
cation for an authorisation;

(i)

‘applicant’ means

1.

in the case of exports referred to in Article 3 or 5, any
natural or legal person that holds a contract with a
consignee in a country to which the goods will be
exported and that has the power for determining the
sending of goods controlled by this Regulation out of
the customs territory of the Community at the time
when the customs declaration is accepted. If no export
contract has been concluded or if the holder of the
contract does not act on its own behalf, the power for
determining the sending of the item out of the customs
territory of the Community shall be decisive;

(c)

‘law enforcement authority’ means any authority in a third
country responsible for preventing, detecting, investigating,
combating and punishing criminal offences, including, but
the police, any prosecutor, any judicial
not

limited to,

2. where, in the case of such exports, the benefit of a right
to dispose of the goods belongs to a person established
outside the Community pursuant
to the contract on
which the exports are based, the contracting party estab-
lished in the Community;

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3.

in the case of supplies of technical assistance referred to
in Article 3, the natural or legal person that will supply
the service; and

CHAPTER III

Goods that could be used for the purpose of torture or other
cruel, inhuman or degrading treatment or punishment

4.

in the case of
assistance referred to in Article 4,
will display the goods.

imports and supplies of

technical
the museum that

CHAPTER II

Goods which have no practical use other than for the purposes
of capital punishment, torture and other cruel, inhuman or
degrading treatment or punishment

Article 3

Export prohibition

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

The supply of technical assistance related to goods listed in
Annex II, whether for consideration or not, from the customs
territory of the Community, to any person, entity or body in a
third country shall be prohibited.

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 demon-
strated 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.

Article 4

Import prohibition

Any import of goods

1.
listed in Annex II
prohibited, irrespective of the origin of such goods.

shall be

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

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

Article 5

Export authorisation requirement

irrespective of

torture and other cruel,

1.
For any export of goods that could be used for the
inhuman or degrading
purpose of
treatment or punishment, listed in Annex III, an authorisation
shall be required,
the origin of such goods.
However no authorisation shall be required for goods which
only pass through the customs territory of the Community,
namely those which are not assigned a customs-approved
treatment or use other than the external
transit procedure
within Article 91 of Regulation (EEC) No 2913/92, including
storage of non-Community goods in a free zone of control type
I or a free warehouse.

2.
Paragraph 1 shall not apply to exports to those territories
of Member States which are both listed in Annex IV and are not
part of the customs territory of the Community, provided that
the goods are used by an authority in charge of law enfor-
in both the country or territory of destination and
cement
the metropolitan part of
the Member State to which that
territory belongs. Customs or other relevant authorities shall
have the right to verify whether this condition is met and
may decide that, pending such verification, the export shall
not take place.

3.
Paragraph 1 shall not apply to exports to third countries,
provided that the goods are used by military or civil personnel
of a Member State, if such personnel is taking part in an EU or
UN peace keeping or crisis management operation in the third
country concerned or in an operation based on agreements
between Member States 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.

Article 6

Criteria for granting export authorisations

1.
Decisions on applications for authorisation for the export
of goods listed in Annex III shall be taken by the competent
authority on a case by case basis,
taking into account all
relevant considerations,
including in particular, whether an
application for authorisation of an essentially identical export
has been dismissed by another Member State in the preceding
three years.

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The competent authority shall not grant any authorisation
2.
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:

— available international court judgements,

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

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

Article 7

National measures

1.
Notwithstanding the provisions in Articles 5 and 6, a
Member State may adopt or maintain a prohibition on the
export and import of
leg irons, gang chains and portable
electric shock devices.

A Member State may impose an authorisation requirement
2.
on the export of handcuffs which have an overall dimension
including chains, measured from the outer edge of one cuff to
the outer edge of the other cuff, exceeding 240 mm when
locked. The Member State concerned shall apply Chapter III
and IV to such handcuffs.

3. Member States
shall notify the Commission of any
measures adopted pursuant to paragraphs 1 and 2. Existing
shall be notified by 30 July 2006. Subsequent
measures
measures shall be notified before they enter into force.

CHAPTER IV

Authorisation procedures

Article 8

Article 9

Authorisations

1.
Authorisations for export and import shall be issued on a
form consistent with the model set out in Annex V and shall be
valid throughout the Community. The period of validity of an
authorisation shall be from three to twelve months with a
possible extension of up to 12 months.

2.
The authorisation may be issued by electronic means. The
specific procedures shall be established on a national basis.
Member States availing themselves of this option shall inform
the Commission.

Authorisations for export and import shall be subject to
the competent authority

3.
any requirements and conditions
deems appropriate.

4.
The competent authorities, acting in accordance with this
Regulation, may refuse to grant an export authorisation and
may annul, suspend, modify or revoke an export authorisation
which they have already granted.

Article 10

Customs formalities

the duly completed form set out

1. When completing customs formalities,
importer shall submit
Annex V as proof
import
export or
document
is not
Member State where
completed,
provide a translation into such official language.

the exporter or
in
that
the necessary authorisation for the
concerned has been obtained.
the
in an official
the
are being
customs
importer may be required to

filled out
the
the exporter or

If
language of

formalities

2.
If a customs declaration is made concerning goods listed
in Annexes II or III, and it is confirmed that no authorisation
has been granted pursuant to this Regulation for the intended
export or import, the customs authorities shall detain the goods
declared and draw attention to the possibility to apply for an
authorisation pursuant to this Regulation. If no application for
an authorisation is made within six months of time after the
the competent authority dismisses such an
detention, or if
the
application,
customs authorities
the
legis-
detained goods in accordance with applicable national
lation.

shall dispose of

Applications for authorisations

Article 11

1.
An authorisation for export and import and for the supply
of technical assistance shall be granted only by the competent
authority of the Member State listed in Annex I where the
applicant is established.

2.
Applicants shall supply the competent authority with all
relevant information on the activities for which an authorisation
is required.

Notification and consultation requirement

1.
The authorities of the Member States, as listed in Annex I,
shall notify all other authorities of the Member States and the
Commission, as listed in that Annex,
if they take a decision
dismissing an application for an authorisation under this Regu-
lation and if they annul an authorisation they have granted. The
notification shall be made not later than 30 days of the date of
the decision.

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The competent authority shall consult the authority or
2.
authorities which,
in the preceding three years, dismissed an
application for authorisation of an import or export or the
supply of
it
receives an application concerning an import or export or the
supply of technical assistance involving an essentially identical
transaction referred to in such earlier application and considers
that an authorisation should, nevertheless, be granted.

technical assistance under

this Regulation,

if

If, after

such consultations,

3.
the competent authority
decides to grant an authorisation, it shall immediately inform
all the authorities listed in Annex I of its decision and explain
the reasons for its decision, submitting supporting information
as appropriate.

4.
The refusal to grant an authorisation, if it is based on a
national prohibition in accordance with Article 7(1), shall not
constitute a decision dismissing an application within the
meaning of paragraph 1.

CHAPTER V

General and final provisions

Article 12

Amendment of Annexes

1.
The Commission shall be empowered to amend Annex I.
The data regarding competent authorities of the Member States
shall be amended on the basis of information supplied by the
Member States.

In accordance with the procedure referred to in Article
empowered to amend

the Commission shall be

2.
15(2),
Annexes II, III, IV and V.

Article 13

Exchange of information between Member States' autho-
rities and the Commission

1. Without prejudice to Article 11, the Commission and the
Member States shall, upon request,
inform each other of the
measures taken under this Regulation and supply each other
with any relevant information at their disposal in connection
with this Regulation, in particular information on authorisations
granted and refused.

Relevant

information on authorisations granted and
2.
refused shall comprise at
the
least
grounds for the decision or a summary thereof, the names of

the type of decision,

the consignees and, if they are not the same, of the end-users as
well as the goods concerned.

if possible in cooperation with the
3. Member States,
Commission,
shall make a public, annual activity report,
providing information on the number of applications received,
on the goods and countries concerned by these applications,
and on the decisions they have taken on these applications. This
report shall not include information the disclosure of which a
Member State considers to be contrary to the essential interests
of its security.

for

Except

the supply of

4.
information mentioned in
paragraph 2 to the authorities of the other Member State and
to the Commission, this Article shall be without prejudice to
applicable national rules concerning confidentiality and profes-
sional secrecy.

The refusal to grant an authorisation, if it is based on a
5.
national prohibition adopted in accordance with Article 7(1),
shall not constitute an authorisation refused within the meaning
of paragraphs 1, 2 and 3 of this Article.

Article 14

Use of information

Without prejudice to Regulation (EC) No 1049/2001 of the
European Parliament and of
the Council of 30 May 2001
regarding public access to European Parliament, Council and
Commission documents (1) and national
legislation on public
to this
access to documents,
Regulation shall be used only for the purpose for which it
was requested.

information received pursuant

Article 15

Committee procedure

The Commission shall be assisted by the committee on
1.
common rules for exports of products, set up by Article 4(1) of
Regulation (EEC) No 2603/69 (2).

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at two months.

3.

The Committee shall adopt its rules of procedure.

(1) OJ L 145, 31.5.2001, p. 43.
(2) OJ L 324, 27.12.1969, p. 25. Regulation as last amended by Regu-

lation (EEC) No 3918/91 (OJ L 372, 31.12.1991, p. 31).

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Article 16

Implementation

The Committee referred to in Article 15 shall examine any
this Regulation
question concerning the implementation of
raised by its chairman either on his or her own initiative or
at the request of a representative of a Member State.

Article 18

Territorial scope

1.

This Regulation shall apply to:

— the customs territory of the Community, as defined in Regu-

lation (EEC) No 2913/92,

Article 17

Penalties

— the Spanish territories Ceuta and Melilla,

— the German territory of Helgoland.

lay down the rules on penalties
1. Member States shall
applicable to infringements of the provisions of this Regulation
and shall take all measures necessary to ensure that they are
implemented. The penalties provided for must be effective,
proportionate and dissuasive.

2.
For the purpose of this Regulation Ceuta, Helgoland and
Melilla shall be treated as part of the customs territory of the
Community.

2. Member States shall notify the Commission of those rules
by 29 August 2006 and shall notify it without delay of any
subsequent amendment affecting them.

Article 19

Entry into force

This Regulation shall enter into force on 30 July 2006.

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

Done at Luxembourg, 27 June 2005.

For the Council
The President

L. LUX

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ANNEX I

LIST OF AUTHORITIES REFERRED TO IN ARTICLES 8 AND 11

A. Authorities of the Member States

GERMANY

BELGIUM

en

van

Economie,

Energie, Handel

Ministerie
Wetenschapsbeleid
Directoraat E4: Economisch Potentieel, Markttoegangs-
beleid, Tarifaire en Non-tarifaire Maatregelen
Vooruitgangsstraat 50c
B-1210 Brussel
Tel. (32-2) 277 51 11
Fax (32-2) 277 53 03
E-mail: Charles.godart@mineco.fgvov.be

Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA)
Frankfurter Straße 29—35
D-65760 Eschborn
Tel.: (+49) 6196 908-0
Fax: (+49) 6196 908 800
E-Mail: ausfuhrkontrolle@bafa.bund.de

ΕΛΛΑΔΑ

GREECE

Ministère de l'économie, de l'énergie, du commerce et de
la politique scientifique
Directorat, E4: potentiel économique, politique d'accès
aux marchés, mesures tarifaires et non-tarifaires
Rue du Progrès 50c
B-1210 Bruxelles
Téléphone: 32 (2) 277 51 11
Télécopie: 32 (2) 277 53 03
E-mail: Charles.godart@mineco.fgvov.be

Υπουργείο Οικονομίας και Οικονομικών
Γενική Διεύθυνση Σχεδιασμού και Διαχείρισης Πολιτικής
Διεύθυνση Διεθνών Οικονομικών Ροών
Κορνάρου 1
GR-105 63 Αθήνα
Τηλ. (30-210) 328 60 47, (30-210) 328 60 31
Φαξ (30-210) 328 60 94
E-mail: e3c@mnec.gr

CZECH REPUBLIC

Ministerstvo průmyslu a obchodu
Licenční správa
Na Františku 32
110 15 Praha 1
Česká republika
Tel.: (420) 224 90 76 41
Fax: (420) 224 22 18 81
E-mail: osm@mpo.cz

DENMARK

Annex III, No 2 and 3

Justitsministeriet
Slotsholmsgade 10
DK-1216 København K
Denmark
Telephone: (45) 33 92 33 40
Telefax: (45) 33 93 35 10
E-mail: jm@jm.dk

Annex II and Annex III, No 1

Økonomi- og Erhvervsministeriet
Erhvers- og Byggestyrelsen
Eksportkontroladministrationen
Langelinie Allé 17
DK-2100 København Ø
Denmark
Telephone: (45) 35 46 60 00
Telefax: (45) 35 46 60 01
E-mail: ebst@ebst.dk

ESTONIA

Eesti Välisministeerium
Välismajanduse ja arengukoostöö osakond
Strateegilise kauba kontrolli büroo
Islandi väljak 1
15049 Tallinn
Eesti
Tel: +372 631 7200
Faks: +372 631 7288
E-post: stratkom@mfa.ee

SPAIN

Secretaría General de Comercio Exterior
Secretaría de Estado de Turismo y Comercio
Ministerio de Industria, Turismo y Comercio
Paseo de la Castellana, 162
E-28046 Madrid
Telephone: (34) 915 83 52 84
Telefax: (34) 915 83 56 19
E-mail: Buzon.Oficial@SGDEFENSA.SECGCOMEX.SSCC.
MCX.ES

Departamento de Aduanas e Impuestos Especiales de la
Agencía Estatal de Administración Tributaria
Avda. Llano Castellano, 17
28071 Madrid
España
Telephone: +34 91 7289450
Telefax: +34 91 7292065

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FRANCE

LITHUANIA

Ministère de l’économie, des finances et de l’industrie
Direction générale des douanes et droits indirects
Service des titres du commerce extérieur (SETICE)
8, rue de la Tour-des-Dames
F-75436 PARIS CEDEX 09
Téléphone: 01 55 07 46 73/- 46 42/- 48 64/- 47 64
Télécopie: 01 55 07 46 67/- 46 91
Courrier électronique: dg-setice@douane.finances.gouv.fr

Policijos departamento prie Vidaus reikalų ministerijos
Licencijavimo skyrius
Saltoniškių g. 19
LT-08105 Vilnius
Lietuva
Telephone: +370 8 271 97 67
Telefax: +370 5 271 99 76
E-mail: leidimai.pd@policija.lt

IRELAND

LUXEMBOURG

Licensing Unit
Department of Enterprise, Trade and Employment
Earlsfort Centre
Lower Hatch Street
Dublin 2
Ireland
Telephone (353-1) 631 21 21
Telefax (353-1) 631 25 62

Commerce extérieur
Office des licences
B. P. 113
L-2011 Luxembourg
Téléphone: 352 4782370
Télécopie: 352 466138
Courrier électronique: office.licences@mae.etat.lu

ITALY

Ministero delle attività produttive
Direzione generale per la politica commerciale
Viale Boston, 25
I-00144 Roma
Telephone: +39 06 59 93 25 79
Telefax: +39 06 59 93 26 34
E-mail: polcomsegr@mincomes.it

ΚΥΠΡΟΣ

CYPRUS

Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού
Υπηρεσία Εμπορίου
Τμήμα έκδοσης αδειών εισαγωγών/εξαγωγών
Ανδρέα Αραούζου 6
CY-1421 Λευκωσία
Τηλ. (357-22) 86 71 00
Φαξ (357-22) 37 51 20
E-mail: perm.sec@mcit.gov.cygr

Ministry of Commerce, Industry and Tourism
Trade Service
Import/Export Licensing Unit
6 Andreas Araouzos Street
CY-1421 Nicosia
Telephone: (357- 22) 86 71 00
Telefax: (357-22) 37 51 20
E-mail: perm.sec@mcit.gov.cy

LATVIA

Ekonomikas ministrija
Brīvības iela 55
LV-1519 Rīga
Latvija
Telefax.: +371 7 280 882

HUNGARY

Magyar Kereskedelmi
Engedélyezési Hivatal
Margit krt. 85.
H-1024 Budapest
Magyarország
Telephone: +36 1 336 74 30
Telefax: +36 1 336 74 28
E-mail: spectrade@mkeh.hu

MALTA

Diviżjoni għall–Kummerċ
Servizzi Kummerċjali
Lascaris
Valletta CMR02
Telephone: +356 25 69 02 09
Telefax: +356 21 24 05 16

NETHERLANDS (to be determined)

AUSTRIA

Bundesministerium für Wirtschaft und Arbeit
Abteilung für Aus- und Einfuhrkontrolle
A-1011 Wien
Stubenring 1
Tel.: (+43) 1 71100 8327
Fax: (+43) 1 71100 8386
E-Mail: post@C22.bmwa.gv.at

POLAND

Ministerstwo Gospodarki i Pracy
plac Trzech Krzyży 3/5
00-507 Warszawa
Polska
Telephone: (+48-22) 693 50 00
Telefax: (+48-22) 693 40 48

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PORTUGAL

SWEDEN

Ministério das Finanças
Direcção-Geral das Alfândegas e dos Impostos Especiais
de Consumo
Direcção de Serviços de Licenciamento
Rua Terreiro do Trigo, edifício da Alfândega
P-1149-060 Lisboa
Tel.: (351-21) 881 42 63
Fax: (351-21) 881 42 61

Kommerskollegium
PO Box 6803
S-113 86 Stockholm
Tfn (46-8) 690 48 00
Fax (46-8) 30 67 59
E-post: registrator@kommers.se

SLOVENIA

Ministrstvo za gospodarstvo
Direktorat za ekonomske odnose s tujino
Kotnikova 5
1000 Ljubljana
Republika Slovenija
Telephone: +386 1 478 35 42
Telefax: +386 1 478 36 11

SLOVAKIA

Ministerstvo hospodárstva Slovenskej republiky
Odbor riadenia obchodovania s citlivými tovarmi
Mierová 19
827 15 Bratislava
Slovenská republika
Telephone: +421 2 48 54 20 53
Telefax: +421 2 43 42 39 15

SUOMI

Sisäasiainministeriö
Arpajais- ja asehallintoyksikkö
PL 50
FI-11101 RIIHIMÄKI
Puhelin (358-9) 160 01
Faksi (358-19) 72 06 68
Sähköposti: aahy@poliisi.fi

UNITED KINGDOM

Department of Trade and Industry
Export Control Organisation
4 Abbey Orchard Street
London
SW1P 2HT
United Kingdom
Telephone (44) 207 215 05 85
Telefax (44) 207 215 05 72
E-mail: mevlyn.tompkins@dti.gsi.gov.uk

B. Address for notifications to the Commission:

COMMISSION OF THE EUROPEAN COMMUNITIES
Directorate-General for External Relations
Directorate A: Common Foreign and Security Policy
(CFSP)
and European Security and Defence Policy
(ESDP): Commission Coordination and contribution
Unit A 2: Legal and institutional matters, CFSP Joint
Actions, Sanctions, Kimberley Process
CHAR 12/163
B-1049 Bruxelles/Brussel
Telephone (32-2) 296 25 56
Telefax (32-2) 296 75 63
E-mail: relex-sanctions@cec.eu.int

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ANNEX II

List of goods referred to in Articles 3 and 4

Note: this list does not cover medical-technical goods

CN code

Description

1. Goods designed for the execution of human beings, as follows:

1.1. Gallows and guillotines

1.2. Electric chairs for the purpose of execution of human beings

1.3. Air-tight 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

1.4. Automatic drug injection systems designed for the purpose of execution of human beings

by the administration of a lethal chemical substance

ex 4421 90 98

ex 8208 90 00

ex 8543 89 95

ex 9401 79 00

ex 9401 80 00

ex 9402 10 00

ex 9402 90 00

ex 9406 00 38

ex 9406 00 80

ex 8413 81 90

ex 9018 90 50

ex 9018 90 60

ex 9018 90 85

2. Goods designed for restraining human beings, as follows:

ex 8543 89 95

2.1. Electric-shock belts designed for restraining human beings by the administration of

electric shocks having a no-load voltage exceeding 10 000 V

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ANNEX III

List of goods referred to in Article 5

CN code

Description

1. Goods designed for restraining human beings, as follows:

1.1. Restraint chairs and shackle boards

Note:

This item does not control restraint chairs designed for disabled persons.

1.2. Leg-irons, gang-chains, shackles and individual cuffs or shackle bracelets

Note:
This item does not control ‘ordinary handcuffs’. Ordinary handcuffs are handcuffs which have
an overall dimension including chain, measured from the outer edge of one cuff to the outer
edge of the other cuff, between 150 and 280 mm when locked and have not been modified to
cause physical pain or suffering.

1.3. Thumb-cuffs and thumb-screws, including serrated thumb-cuffs

ex 9401 61 00

ex 9401 69 00

ex 9401 71 00

ex 9401 79 00

ex 9402 90 00

ex 9403 20 91

ex 9403 20 99

ex 9403 50 00

ex 9403 70 90

ex 9403 80 00

ex 7326 90 98

ex 8301 50 00

ex 3926 90 99

ex 7326 90 98

ex 8301 50 00

ex 3926 90 99

2. Portable devices designed for the purpose of riot control or self-protection, as

follows:

ex 8543 89 95

ex 9304 00 00

2.1. Portable electric shock devices, including but not limited to, electric shock batons, electric
shock shields, stun guns and electric shock dart guns having a no-load voltage exceeding
10 000 V

Notes:

1. This item does not control electric shock belts as described in 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.

3. Substances for the purpose of riot control or self-protection and related portable

dissemination equipment, as follows:

ex 8424 20 00

ex 9304 00 00

3.1. Portable devices for the purpose of riot control or self-protection by the administration or

dissemination of an incapacitating chemical substance

Note:

This item does not control individual portable devices, even if containing a chemical substance,
when accompanying their user for the user's own personal protection.

ex 2924 29 95

3.2. Pelargonic acid vanillylamide (PAVA) (CAS 2444-46-4)

ex 2939 99 00

3.3. Oleoresin capsicum (OC) (CAS 8023-77-6)

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ANNEX IV

List of territories of Member States referred to in Article 5(2)

DENMARK:
— Greenland

FRANCE:
— New Caledonia and Dependencies,
— French Polynesia,
— French Southern and Antarctic Territories,
— Wallis and Futuna Islands,
— Mayotte,
— St Pierre and Miquelon.

GERMANY:
— Büsingen

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ANNEX V

Export or import authorisation form referred to in Article 9(1)

Technical specification:

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

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Explanatory notes to the form
‘Authorisation for export or import of goods that could be used for torture (Regulation (EC) No 1236/2005)’

This authorisation form shall be used to issue an authorisation for an export or import of goods in accordance with
Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or
other cruel, inhuman or degrading treatment or punishment. It should not be used to authorise the supply of technical
assistance.

Issuing authority is the authority defined in Article 2(h) of Council Regulation No 1236/2005 which is set out in Annex I
to this Regulation.

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

Where national procedures of the Member States require additional copies of the form (as for example for the application)
this authorisation form may be included in a form set containing the necessary copies following the national rules
applicable. In the box above box 3 of each specimen and in the margin on the left it should be clearly indicated for which
purpose (e.g. application, copy for applicant) the relevant copies are intended. One specimen only shall be the author-
isation form set out in Annex V to Regulation (EC) No 1236/2005.

Box 1:

Applicant:

Please indicate the applicant's name and the full address.

The applicant's customs number may also be indicated (optional in most cases).

The type of applicant should be indicated (optional)
in the relevant box, using the
numbers 1, 2 or 4 referring to the points set out in the definition in Article 2(i) of
Regulation (EC) No 1236/2005.

Box 3:

Authorisation
No:

Please fill out the number and tick either the export or the import box. See Article 2(d)
and 2(e) and Article 17 of the Regulation for the definitions of the terms ‘export’ and
‘import’.

Box 4:

Expiry date:

Please state day (two digits), month (two digits) and year (four digits).

Box 5:

Agent/represen-
tative:

Please indicate the name of a duly authorised representative or (customs) agent acting on
behalf of the applicant,
if the application is not presented by the applicant. See also
Article 5 of Council Regulation (EEC) No 2913/92.

Box 6:

Country where
the goods are
located:

Please state both the name of the country concerned and the relevant country code taken
from the codes established pursuant to Council Regulation (EC) No 1172/95 (OJ L 118,
25.5.1995, p. 10). See Commission Regulation (EC) No 1779/2002 (OJ L 296,
5.10.2002, p. 6).

Box 7:

Country of
destination:

Please state both the name of the country concerned and the relevant country code taken
from the codes established pursuant to Council Regulation (EC) No 1172/95, (OJ L 118,
25.5.1995, p. 10). See Commission Regulation (EC) No 1779/2002, OJ L 296,
5.10.2002, p. 6.

Box 10:

Description of
item:

Please consider including data on packaging of the goods concerned. Note that the value
of the goods may also be indicated in box 10.

If there is not sufficient space in box 10, please continue on an attached blank sheet,
mentioning the authorisation number. Please indicate the number of attachments in

box 16.

This form is designed for use for up to three different types of goods (see Annexes II and
III to the Regulation). If it is necessary to authorise the export or import of more than
three types of goods, please grant two authorisations.

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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).