
Article 1 
Regulation (EC) No 1236/2005 is amended as follows:

((1)) Annex II is replaced by the text set out in Annex I to this Regulation.
((2)) Annex III is replaced by the text set out in Annex II to this Regulation.
Article 2 
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 16 July 2014.
For the Commission
The President
José Manuel BARROSO
ANNEX I


ANNEX II 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.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. 1. Items 1.3 and 1.4 in Section 1 concerning goods designed for the execution of human beings do not cover medical-technical goods.
 2.  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.

CN code Description
  1. Goods designed for the execution of human beings, as follows:

ex 4421 90 97ex 8208 90 00  1.1. Gallows and guillotines

ex 8543 70 90ex 9401 79 00ex 9401 80 00ex 9402 10 00  1.2. Electric chairs for the purpose of execution of human beings

ex 9406 00 38ex 9406 00 80  1.3. Airtight vaults, made of e.g. steel and glass, designed for the purpose of execution of human beings by the administration of a lethal gas or substance

ex 8413 81 00ex 9018 90 50ex 9018 90 60ex 9018 90 84  1.4. Automatic drug injection systems designed for the purpose of execution of human beings by the administration of a lethal chemical substance

  2. Goods which are not suitable for use by law enforcement authorities to restrain 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

ex 7326 90 98ex 7616 99 90ex 8301 50 00ex 3926 90 97ex 4203 30 00ex 4203 40 00ex 4205 00 90  2.2. This item includes both serrated and non-serrated cuffs and screws
ex 7326 90 98ex 7616 99 90ex 8301 50 00ex 3926 90 97ex 4203 30 00ex 4203 40 00ex 4205 00 90ex 6217 10 00ex 6307 90 98  2.3.  1. Bar fetters are shackles or ankle rings fitted with a locking mechanism, linked by a rigid bar which is typically made of metal
 2. This item includes bar fetters and weighted leg restraints which are linked to ordinary handcuffs by means of a chain

ex 7326 90 98ex 7616 99 90ex 8301 50 00ex 3926 90 97ex 4203 30 00ex 4203 40 00ex 4205 00 90ex 6217 10 00ex 6307 90 98  2.4. Cuffs for restraining human beings, designed to be anchored to a wall, floor or ceiling

ex 9401 61 00ex 9401 69 00ex 9401 71 00ex 9401 79 00ex 9401 80 00ex 9402 10 00  2.5. This item does not prohibit chairs only fitted with straps or belts
ex 9402 90 00ex 9403 20 20ex 9403 20 80ex 9403 50 00ex 9403 70 00ex 9403 81 00ex 9403 89 00  2.6. This item does not prohibit boards and beds only fitted with straps or belts
ex 9402 90 00ex 9403 20 20ex 9403 50 00ex 9403 70 00ex 9403 81 00ex 9403 89 00  2.7. Cage beds: beds comprising a cage (four sides and a ceiling) or similar structure enclosing a human being within the confines of the bed, the ceiling or one or more of the sides of which are fitted with metal or other bars, and which can only be opened from outside

ex 9402 90 00ex 9403 20 20ex 9403 50 00ex 9403 70 00ex 9403 81 00ex 9403 89 00  2.8. Net beds: beds comprising a cage (four sides and a ceiling) or similar structure enclosing a human being within the confines of the bed, the ceiling or one or more sides of which are fitted with nets, and which can only be opened from outside

  3. Portable devices which are not suitable for use by law enforcement authorities for the purpose of riot control or self-protection, as follows:

ex 9304 00 00  3.1. Batons or truncheons made of metal or other material having a shaft with metal spikes

ex 3926 90 97ex 7326 90 98  3.2. Shields with metal spikes

  4. Whips as follows:

ex 6602 00 00  4.1. Whips comprising multiple lashes or thongs, such as knouts or cats o'nine tails

ex 6602 00 00  4.2. Whips having one or more lashes or thongs fitted with barbs, hooks, spikes, metal wire or similar objects enhancing the impact of the lash or thong


ANNEX II


ANNEX III 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. 1.  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:

ex 7326 90 98ex 7616 99 90ex 8301 50 00ex 3926 90 97ex 4203 30 00ex 4203 40 00ex 4205 00 90ex 6217 10 00ex 6307 90 98  1.1.  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 of Annex II
 3. 

— 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; and
— the cuffs have not been modified to cause physical pain or suffering.

ex 7326 90 98ex 7616 99 90ex 8301 50 00ex 3926 90 97ex 4203 30 00ex 4203 40 00ex 4205 00 90ex 6217 10 00ex 6307 90 98  1.2. 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
ex 6505 00 10ex 6505 00 90ex 6506 91 00ex 6506 99 10ex 6506 99 90  1.3. 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 riot control or self-protection, as follows:

ex 8543 70 90ex 9304 00 00  2.1.  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

ex 8543 90 00ex 9305 99 00  2.2. The following goods are considered to be essential components:
— the unit producing an electric shock,
— the switch, whether or not on a remote control, and
— the electrodes or, where applicable, the wires through which the electrical shock is to be administered
ex 8543 70 90ex 9304 00 00  2.3. Fixed or mountable electric discharge weapons that cover a wide area and can target multiple individuals with electrical shocks

  3. Weapons and equipment disseminating incapacitating or irritating chemical substances for the purpose of riot control or self-protection and certain related substances, as follows:

ex 8424 20 00ex 8424 89 00ex 9304 00 00  3.1.  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 and 3.4 shall be deemed to be incapacitating or irritating chemical substances

ex 2924 29 98  3.2. Pelargonic acid vanillylamide (PAVA) (CAS RN 2444-46-4)

ex 3301 90 30  3.3. Oleoresin capsicum (OC) (CAS RN 8023-77-6)

ex 2924 29 98ex 2939 99 00ex 3301 90 30ex 3302 10 90ex 3302 90 10ex 3302 90 90ex 3824 90 97  3.4.  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

ex 8424 20 00ex 8424 89 00  3.5. 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
ex 8424 20 00ex 8424 89 00ex 9304 00 00  3.6.  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

  4. Products which could be used for the execution of human beings by means of lethal injection, as follows:

ex 2933 53 90((a) to (f))ex 2933 59 95((g) and (h))  4.1. 

((a)) amobarbital (CAS RN 57-43-2
((b)) amobarbital sodium salt (CAS RN 64-43-7)
((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

ex 3003 90 00ex 3004 90 00ex 3824 90 97 This item also controls products containing one of the anaesthetic agents listed under short or intermediate acting barbiturate anaesthetic agents.
  5. Components designed for goods designed for the execution of human beings, as follows:

ex 8208 90 00  5.1. Guillotine blades



