31.1.2019
EN
Official Journal of the European Union
L 30/5
(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 in
ternational 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 authoris
ation 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.
(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, supple
menting the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export author
isation, and import and transit measures for firearms, their parts and components and ammunition (OJ L 94, 30.3.2012, p. 1).