Contents
THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to 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 punishmentnote, and in particular the first paragraph of Article 24 thereof,Whereas:
(1)Pursuant to Regulation (EU) 2019/125 any export, import, transit of goods listed in Annex II shall be prohibited, irrespective of the origin of such goods. Annex II comprises 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.
(2)Pursuant to Regulation (EU) 2019/125 for any export of goods listed in Annex III, an authorisation shall be required, irrespective of the origin of such goods. Annex III comprises the goods that could be used for the purpose of torture or other cruel, inhuman or degrading treatment or punishment, namely goods which are primarily used for law enforcement purposes, and 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.
(3)The list of goods set out in Annexes II and III to Regulation (EU) 2019/125 needs to stay updated in order to respond to changes in the international security market where technological and market developments are occurring frequently and to changes in the use, and misuse, of law enforcement equipment. Annexes II and III to Regulation (EU) 2019/125 should therefore be amended. In order to facilitate references for the competent authorities and economic operators, Annexes II and III to that Regulation should be replaced.
(4)Article 24 of Regulation (EU) 2019/125 empowers the Commission to adopt delegated acts in accordance with Article 29, to amend the Annexes to the Regulation.
(5)Regulation (EU) 2019/125 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1#
Annex II to Regulation (EU) 2019/125 is replaced by the text in the Annex I to this Regulation.Annex III to Regulation (EU) 2019/125 is replaced by the text in the Annex II to this Regulation.
Article 2#
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Annex I
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Annex II
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III · List of goods referred to in article 11
Introductory Notes:The CN codes in this Annex refer to codes specified in Part Two of Annex I to Regulation (EEC) No 2658/87.Where ‘‘ex’’ precedes the CN code, the goods covered by this Regulation constitute only a part of the scope of the CN code and are determined by both the description given in this Annex and the scope of the CN code.
Notes:
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.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.
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.
| CN code | Description |
|---|---|
| 1.Goods designed for restraining human beings, as follows: | |
| ex73269098ex76169990ex83015000ex39269097ex42033000ex42034000ex42050090ex62171000ex63079098ex73158100ex73158200ex73158900ex40170000 | 1.1.ShacklesNotes: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 and 2.4 of Annex II.3. This item does not control ordinary handcuffs. Ordinary handcuffs are handcuffs which 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; andthe cuffs have not been modified to cause physical pain or suffering. |
| ex73269098ex76169990ex83015000ex39269097ex42033000ex42034000ex42050090ex62171000ex63079098ex40170000 | 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. |
| ex73269098ex76169990ex83015000ex39269097ex42033000ex42034000ex42050090ex62171000ex63079098ex73158100ex73158200ex73158900ex40170000 | 1.3.Leg cuffsNotes:1. Leg cuffs are restraints consisting of two cuffs, usually made of metal, fastened around the ankles, and attached by a chain to allow the detainee some movement. The cuff size is usually larger than those ordinary handcuffs and is adjustable.2. This item does not control leg restraints and gang chains prohibited by items 2.3, 2.4, 2.5 and 2.6 of Annex II. |
| ex65050010ex65050090ex65069100ex65069910ex65069990 | 1.4.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 law enforcement including riot control or self-protection, as follows: | |
| ex85437090ex93040000 | 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 gunsNotes: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. |
| ex85439000ex93059900 | 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, andthe electrodes or, where applicable, the wires through which the electrical shock is to be administered. |
| ex85437090ex93040000 | 2.3.Fixed or mountable electric discharge weapons that cover a wide area and can target multiple individuals with electrical shocks |
| ex93039000ex93040000ex93063090ex93069090 | 2.4.Single shot kinetic impact projectile (KIP) launchers and associated kinetic impact projectilesNote:This item includes projectiles commonly known as rubber or plastic bullets or impact rounds, chemical irritant impact projectiles and beanbags. They come in different shapes and sizes include large and small balls or cylinders, and can be made of rubber, PVC, dense foam, or wood. This item does not control equipment controlled by items ML1, 2 and 12 of the Common Military List of the European Union. |
| ex93011000ex93012000ex93019000ex93020000ex93031000ex93032010ex93032095ex93033000ex93039000ex93040000 | 2.5.Launchers and dissemination devices including multiple barrel launchersNote:This item includes multiple-barrel launchers that typically have between 2 and 36 barrels, and can be stand-alone or mounted onto vehicles, unmanned ground vehicles, or seafaring vessels. The launchers can be manually operated or operated by remote control, allowing for individual, sequential, or simultaneous firing of kinetic impact munitions or chemical irritants, resulting in rapid fire or bursts of fire. This item does not control equipment controlled by items ML1 and ML 2 of the Common Military List of the European Union. |
| ex93062100ex93062900ex93063010ex93063030ex93063090ex93069010ex93069090 | 2.6.Ammunition containing multiple kinetic impact projectilesNote:This item includes ammunition that can be made from rubber, plastic, or wood, and can vary in terms of their size, number, and shape. The number included in each can range from a small number of large balls or blocks to hundreds of small pellets. This item does not control equipment controlled by items ML1 and ML 2 of the Common Military List of the European Union. |
| 3.Weapons and equipment disseminating incapacitating or irritating chemicals for use by law enforcement authorities for the purpose of riot control or self-protection, as follows: | |
| ex84242000ex84248970ex93040000 | 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 Union.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, 3.4 and 3.7 shall be deemed to be incapacitating or irritating chemical substances. |
| ex29397990 | 3.2.Pelargonic acid vanillylamide (PAVA) (CAS RN 2444-46-4)Note:This item does not control equipment controlled by item ML7(e) of the Common Military List of the European Union. |
| ex33019030ex13021970 | 3.3.Oleoresin capsicum (OC) (CAS RN 8023-77-6)Note:This item does not control equipment controlled by item ML7(e) of the Common Military List of the European Union. |
| ex33019030ex33021090ex33029010ex33029090ex38249992 | 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 agentsNotes: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 law |
| ex84242000ex84248970ex93040000 | 3.5.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. |
| ex93062100ex93062900ex93063010ex93063030ex93063090ex93069010ex93069090 | 3.6.Large calibre projectiles containing riot control agents.Note:This item includes projectiles containing riot control agents, notably OC and PAVA with a calibre above 56mm. The use of such items must be consistent with relevant provisions of the Chemical Weapons Convention, notably Article 2.1 and 2.9.d. |
| ex29349990ex29309095ex29339920ex29212900ex28309085ex38249992 ex38249993 ex38249996 | 3.7.Malodorant chemical mixtures formulated to produce a foul and deeply unpleasant smell for riot control purposes provided they are non-injurious and have no long-lasting health effects.Notes:1. This item is defined as being a mixture solely designed for law enforcement purposes containing at least one of the following range of chemicals formulated to produce a foul and deeply unpleasant smell and that can be dispersed by hand-held spray, grenades, launched projectiles, drones, and water cannon: 1.Thioacetone (CAS code 4756-05-2)2.Allicin (CAS code 539-86-6)3.Skatole (CAS code 83-34-1)4.Cadaverine (CAS code 462-94-2)5.Putrescine (CAS code 110-60-1)6.Ammonium hydrosulfide (CAS code 12124-99-1)7.Ethanethiol (CAS code 75-08-1)8.Propanethiol (CAS code 107-03-9)9.Isobutylthiol (CAS code 513-44-0)10.Butanethiol (CAS code 109-79-5)2. This item does not control malodorant chemical mixtures that are not intended for law enforcement purposes. |
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