ANNEX to the Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment
Date: 2014-01-14
Institutions: European Commission
Subjects: cruel and degrading treatment, death penalty, exchange of information, export (EU), export restriction, human rights, international trade, third country, torture, trade regulations













EUR-Lex - 52014PC0001R(01) - EN











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52014PC0001R(01)

ANNEX to the Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment /* COM/2014/01 final/2 */









ANNEX
to the Proposal for a 
REGULATION OF THE EUROPEAN
PARLIAMENT AND THE COUNCIL 
amending Council Regulation (EC)
No 1236/2005 concerning trade in certain goods which could be used for capital
punishment, torture or other cruel, inhuman or degrading treatment or
punishment
Annex I
‘Annex
IIIa
Goods that could be used for the purpose
of capital punishment referred to in Article 7b
 CN 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) 1.1.                 amobarbital sodium salt (CAS RN 64-43-7) 1.2.                 pentobarbital (CAS RN 76-74-4) 1.3.                 pentobarbital sodium salt (CAS 57-33-0) 1.4.                 secobarbital (CAS RN 76-73-3) 1.5.                 secobarbital sodium salt (CAS RN 309-43-3) 1.6.                 thiopental (CAS RN 76-75-5) 1.7.                 thiopental sodium salt (CAS RN 71-73-8), also known as thiopentone sodium 
   || Note: This item also controls products containing one of the anaesthetic agents listed under short or intermediate acting barbiturate anaesthetic agents.’ 
Annex II
‘Annex
IIIb
Union
General Export Authorisation No EU … 
Part 1 – Goods
This general export authorisation covers
the goods listed in any entry in Annex IIIa to Regulation (EC) No 1236/2005
Part 2 – Destinations
No export authorisation is required for
supplies to a country or territory that is part of the customs territory of the
Union, which for the purpose of Council Regulation (EC) No 1236/2005 includes Ceuta, Helgoland and Melilla (Article 18(2)). 
This authorisation is valid throughout the Union for exports to the following destinations:
Danish territories not included in the
customs territory:
-           Faroe Islands
-           Greenland
French territories not included in the
customs territory: 
–          French Polynesia, 
–          French Southern and Antarctic Territories, 
–          New Caledonia, 
–          Saint Barthélemy,
–          Saint Pierre and Miquelon,
–          Wallis and Futuna Islands 
Dutch territories not included in the
customs territory:
-           Aruba, 
-           Bonaire, 
-           Curaçao, 
-           Saba, 
-           Sint Eustatius, 
-           Sint Maarten
Relevant British territories not included
in the customs territory:
-           Anguilla
-           Bermuda
-           Falkland Islands 
-           Gibraltar
-           Montserrat
-           Saint Helena, Ascension and
Tristan da Cunha
-           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
Ecuador
Georgia
Guinea-Bissau
Honduras
Iceland
Kyrgyzstan
Liberia
Liechtenstein
Former Yugoslav Republic of Macedonia
Madagascar
Mexico
Moldova
Mongolia
Montenegro
Mozambique
Namibia
Nepal
New Zealand
Nicaragua
Norway
Panama
Paraguay
Philippines
Rwanda
San Marino
Sao Tome and Principe
Serbia 
Seychelles
South Africa
Switzerland (including Büsingen and Campione
d’Italia)
Timor-Leste
Turkey
Turkmenistan
Ukraine
Uruguay
Uzbekistan
Venezuela
Part 3 - Conditions and requirements for
using this general export authorisation 
(1)                     
This authorisation may not be used if:
–              
the exporter has been informed by the competent
authorities of the Member State in which he is established that the goods in
question are or may be intended, in their entirety or in part, either for
re-export to a third country or to be used for the purpose of capital
punishment in a third country;
–              
the exporter knows or has grounds for suspecting
that the goods in question are intended, in their entirety or in part, either
for re-export to a third country or for the use referred to in the previous
indent; 
–              
the relevant items are exported to a customs
free zone or free warehouse which is located in a destination covered by this
authorisation;
–              
the exporter is the manufacturer of the
medicinal products in question and has not made a legally binding agreement
with the distributor requiring the latter to make all supplies and transfers
subject to the conclusion of a legally binding agreement requiring, preferably
subject to a dissuasive contractual penalty, the customer 
(a)         
not to use any of the goods received from the
distributor for capital punishment;
(b)        
not to supply or transfer any of these goods to
a third party, if the customer knows or has ground for suspecting that the
goods are or may be intended to be used for capital punishment; and 
(c)         
to impose the same requirements on any third
party to which the customer might supply or transfer any of these goods.
–              
the exporter is not the manufacturer of the
medicinal products in question and has not obtained a signed end-user
declaration from the end-user in the country of destination; or
–              
the exporter 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 
(a)         
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,
(b)        
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 
(c)         
any re-export or transfer of any part of the
shipment to a country or territory that has not abolished capital punishment. 
(2)                   
Exporters that use this authorisation No EU… shall notify the competent authorities of the Member State where they are established of their first use of this authorisation no later
than 30 days after the date when the first export took place.
Exporters shall
also report in the Single Administrative Document the fact that they are using
this authorisation No EU… by indicating in
  box 44 the reference X ….
(3)                   
Reporting requirements attached to the use of
this authorisation and any additional information that the Member State from which the export is made might require on items exported under this
authorisation are defined by Member States.
A Member State may require exporters established in that Member State to register prior to the
first use of this authorisation. Registration shall be automatic and
acknowledged by the competent authorities to the exporter without delay and in
any case within ten working days of receipt.’