31.1.2019
EN
Official Journal of the European Union
L 30/9
(q) ‘global authorisation’ means an authorisation granted to one specific exporter or broker in respect of a type of
goods listed in Annex III or in Annex IV, which may be valid for:
(1) exports as defined under point (d) to one or more specified end-users in one or more specified third countries;
(2) exports as defined under point (d) to one or more specified distributors in one or more specified third
countries, where the exporter is a manufacturer of goods included in point 3.2 or 3.3. of Annex III or in
Section 1 of Annex IV;
(3) the supply of brokering services related to transfers of goods which are located in a third country, to one or
more specified end-users in one or more specified third countries;
(4) the supply of brokering services related to transfers of goods which are located in a third country, to one or
more specified distributors in one or more specified third countries, where the broker is a manufacturer of
goods included in point 3.2 or 3.3. of Annex III or in Section 1 of Annex IV;
(r) ‘distributor’ means an economic operator performing wholesale activities in relation to goods listed in point 3.2
or 3.3 of Annex III or in Section 1 of Annex IV, such as procuring such goods from manufacturers or holding,
supplying or exporting such goods; wholesale activities of such goods do not include procurement by either
a hospital, a pharmacist or a medical professional for the sole purpose of supplying such goods to the public;
(s) ‘transit’ means a transport within the customs territory of the Union of non-Union goods which pass through the
customs territory of the Union with a destination outside the customs territory of the Union.
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 listed in Annex II shall be prohibited, irrespective of the origin of such goods.
Annex II shall comprise 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.
A supplier of technical assistance shall be prohibited from supplying technical assistance related to goods listed in
Annex II to any person, entity or body in a third country, whether for consideration or not.
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 demonstrated 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
1.
Any import of goods listed in Annex II shall be prohibited, irrespective of the origin of such goods.
The acceptance by a person, entity or body in the Union 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.
2.
By way of derogation from paragraph 1, the competent authority may authorise an import of goods listed in
Annex II, and the supply of related technical assistance, if it is demonstrated 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 their historic significance.
Article 5
Prohibition of transit
1.
Any transit of goods listed in Annex II shall be prohibited.
2.
By way of derogation from paragraph 1, the competent authority may authorise a transit of goods listed in
Annex II, if it is demonstrated that, in the country of destination, such goods will be used for the exclusive purpose of
public display in a museum in view of their historic significance.