L 30/38
Official Journal of the European Union
EN
31.1.2019
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
PART 3
Conditions and requirements for using this general export authorisation
(1) This general export authorisation may not be used if:
(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 authorities of the Member State in which the exporter is resident or established have informed
the exporter 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;
(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 a third country or to be used for the purpose of capital punishment in
a third 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 enduser 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 enduser 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;
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