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21.12.2011 Official
Journal
of
the
European
Union L
338/31
COMMISSION IMPLEMENTING REGULATION (EU) No 1352/2011
of 20 December 2011
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
THE EUROPEAN COMMISSION,
(4)
It is also necessary to broaden the ban on trade in
electric-shock belts to cover similar body-worn devices
such as electric shock sleeves and cuffs which have the
same impact as electric-shock belts.
Having regard to the Treaty on the Functioning of the European
Union,
(5)
It is necessary to prohibit trade in spiked batons which
are not admissible for law enforcement. While the spikes
are capable of causing significant pain or suffering,
Having regard to Council Regulation (EC) No 1236/2005 of
spiked batons do not appear more effective for riot
27 June 2005 concerning trade in certain goods which could
control or self-protection than ordinary batons and the
be used for capital punishment, torture or other cruel, inhuman
pain or suffering caused by the spikes is therefore cruel
or degrading treatment or punishment ( 1 ), and in particular
and not strictly necessary for the purpose of riot control
Article 12(2) thereof,
or self-protection.
Whereas:
(6) Changes
in
the
numbering
of
certain
parts
of
the
Combined Nomenclature (CN) have occurred after Regu
lation (EC) No 1236/2005 was adopted and the relevant
CN codes should be updated accordingly.
(1) Regulation
(EC)
No
1236/2005
imposes
a
prohibition
on
exports of goods which have no practical use other than
for the purpose of capital punishment, torture and other
cruel, inhuman or degrading treatment or punishment
(7) The
measures
provided
for
in
this
Regulation
are
in
and controls on exports of certain goods that could be
accordance with the opinion of the Committee on
used for such purpose. It respects the fundamental rights
Common Rules for Exports of Products.
and observes the principles recognised by the Charter of
Fundamental Rights of the European Union, in particular
respect for and protection of human dignity, the right to
life and the prohibition of torture and inhumane and
(8) In
order
to
ensure
that
the
measures
provided
for
in
this
degrading treatment or punishment.
Regulation are effective, this Regulation must enter into
force immediately,
(2) In
some
recent
cases
medicinal
products
exported
to
third countries have been diverted and used for capital
HAS ADOPTED THIS REGULATION:
punishment, notably by administering a lethal overdose
by means of injection. The Union disapproves of capital
punishment in all circumstances and works towards its
universal abolition. The exporters objected to their invol
Article 1
untary association with such use of the products they
developed for medical use.
Annex II and Annex III to Regulation (EC) No 1236/2005 shall
be replaced by the texts in Annex I and Annex II, respectively.
(3)
It is therefore necessary to supplement the list of goods
Article 2
subject to trade restrictions to prevent the use of certain
medicinal products for capital punishment and to ensure
This Regulation shall enter into force on the day of its publi
that all Union exporters of medicinal products are subject
cation in the Official Journal of the European Union.
to uniform conditions in this regard. The relevant
medicinal products were developed for, inter alia, anaes
thesia and sedation and their export should therefore not
be made subject to a complete prohibition.
It shall not apply to products listed in point 4.1 of Annex III for
which an export declaration has been lodged prior to its entry
( 1 ) OJ L 200, 30.7.2005, p. 1.
into force.

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L 338/32
EN
Official Journal of the European Union
21.12.2011
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Brussels, 20 December 2011.
For the Commission
The President
José Manuel BARROSO
ANNEX I
‘ANNEX II
List of goods referred to in Articles 3 and 4
Introductory Note:
The “CN codes” in this Annex refer to codes specified in Part Two of Annex I to Council Regulation (EEC) No 2658/87 of
23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff ( 1 ).
Where “ex” precedes the CN code, the goods covered by Regulation (EC) No 1236/2005 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.
Note: this list does not cover medical-technical goods
CN code Description
1. Goods
designed
for
the
execution
of
human
beings,
as
follows:
ex 4421 90 98
1.1. Gallows and guillotines
ex 8208 90 00
ex 8543 70 90
1.2. Electric chairs for the purpose of execution of human beings
ex 9401 79 00
ex 9401 80 00
ex 9402 10 00
ex 9402 90 00
ex 9406 00 38
1.3. Air-tight vaults, made of e.g. steel and glass, designed for the purpose of execution of human
ex 9406 00 80
beings by the administration of a lethal gas or substance
ex 8413 81 00
1.4. Automatic drug injection systems designed for the purpose of execution of human beings by
ex 9018 90 50
the administration of a lethal chemical substance
ex 9018 90 60
ex 9018 90 84
2. Goods
designed
for
restraining
human
beings,
as
follows:
ex 8543 70 90
2.1. Electric-shock devices which are intended to be worn on the body by a restrained individual,
such as belts, sleeves and cuffs, designed for restraining human beings by the administration
of electric shocks having a no-load voltage exceeding 10 000 V
3. Portable
devices
allegedly
designed
for
the
purpose
of
riot
control,
as
follows:
ex 9304 00 00
3.1. Batons or truncheons made of metal or other material having a shaft with metal spikes
( 1 ) OJ L 256, 7.9.1987, p. 1.’

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EN
21.12.2011 Official
Journal
of
the
European
Union L
338/33
ANNEX II
‘ANNEX III
List of goods referred to in Article 5
Introductory Note:
The CN codes in this Annex refer to codes specified in Part Two of Annex I to Regulation (EEC) No 2658/87 on the tariff
and statistical nomenclature and on the Common Customs Tariff.
Where “ex” precedes the CN code, the goods covered by Regulation (EC) No 1236/2005 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.
CN code Description
1. Goods
designed
for
restraining
human
beings,
as
follows:
ex 9401 61 00
1.1. Restraint chairs and shackle boards
ex 9401 69 00
ex 9401 71 00
Note:
ex 9401 79 00
ex 9401 80 00
This item does not control restraint chairs designed for disabled persons
ex 9402 90 00
ex 9403 20 20
ex 9403 20 80
ex 9403 50 00
ex 9403 70 00
ex 9403 81 00
ex 9403 89 00
ex 7326 90 98
1.2. Leg-irons, gang-chains, shackles and individual cuffs or shackle bracelets
ex 8301 50 00
ex 3926 90 97
Note:
This item does not control “ordinary handcuffs”. Ordinary handcuffs are handcuffs which
have an overall dimension including chain, measured from the outer edge of one cuff to the
outer edge of the other cuff, between 150 and 280 mm when locked and have not been
modified to cause physical pain or suffering
ex 7326 90 98
1.3. Thumb-cuffs and thumb-screws, including serrated thumb-cuffs
ex 8301 50 00
ex 3926 90 97
2. Portable
devices
designed
for
the
purpose
of
riot
control
or
self-protection,
as
follows:
ex 8543 70 90
2.1. Portable electric shock devices, including but not limited to, electric shock batons, electric
ex 9304 00 00
shock shields, stun guns and electric shock dart guns having a no-load voltage exceeding
10 000 V
Notes:
1. This item does not control electric shock belts and other devices as described in 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.
3. Portable equipment for dissemination of incapacitating substances for the purpose of
riot control or self-protection and related substances, as follows:
ex 8424 20 00
3.1. Portable devices designed or modified for the purpose of riot control or self-protection by
ex 9304 00 00
the administration or dissemination of an incapacitating chemical substance
Note:
This item does not control individual portable devices, even if containing a chemical
substance, when accompanying their user for the user’s own personal protection.
ex 2924 29 98 3.2.
Pelargonic
acid
vanillylamide
(PAVA)
(CAS
RN
2444-46-4)
ex 2939 99 00 3.3.
Oleoresin
capsicum
(OC)
(CAS
RN
8023-77-6)

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L 338/34
EN
Official Journal of the European Union
21.12.2011
CN code Description
4. Products which could be used for the execution of human beings by means of lethal
injection, as follows:
ex 2933 53 90
4.1. Short and intermediate acting barbiturate anaesthetic agents including, but not limited to:
[(a) to (f)]
(a) amobarbital (CAS RN 57-43-2
ex 2933 59 95
(b) amobarbital sodium salt (CAS RN 64-43-7)
[(g) and (h)]
(c) pentobarbital (CAS RN 76-74-4)
(d) pentobarbital sodium salt (CAS 57-33-0)
(e) secobarbital (CAS RN 76-73-3
(f) secobarbital sodium salt (CAS RN 309-43-3)
(g) thiopental (CAS RN 76-75-5)
(h) 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.’

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