REGULATION (EU) 2019/125 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 January 2019
concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment
(codification)
CHAPTER I
SUBJECT MATTER AND DEFINITIONS
Article 1
Subject matter
Article 2
Definitions
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
Article 4
Import prohibition
Article 5
Prohibition of transit
Article 6
Prohibition of brokering services
Article 7
Prohibition of training
Article 8
Trade fairs
Article 9
Advertising
Article 10
National measures
CHAPTER III
GOODS THAT COULD BE USED FOR THE PURPOSE OF TORTURE OR OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
Article 11
Export authorisation requirement
Article 12
Criteria for granting export authorisations
Article 13
Prohibition of transit
Article 14
National measures
Article 15
Authorisation requirement for certain services
CHAPTER IV
GOODS THAT COULD BE USED FOR THE PURPOSE OF CAPITAL PUNISHMENT
Article 16
Export authorisation requirement
Article 17
Criteria for granting export authorisations
Article 18
Prohibition of transit
Article 19
Authorisation requirement for certain services
CHAPTER V
AUTHORISATION PROCEDURES
Article 20
Types of authorisations and issuing authorities
Article 21
Authorisations
Article 22
Customs formalities
Article 23
Notification and consultation requirement
CHAPTER VI
GENERAL AND FINAL PROVISIONS
Article 24
Amendment of Annexes
Article 25
Requests for adding goods to one of the lists of goods
Article 26
Exchange of information between Member States' authorities and the Commission
Article 27
Processing of personal data
Article 28
Use of information
Article 29
Exercise of the delegation
Article 30
Urgency procedure
Article 31
Anti-Torture Coordination Group
Article 32
Review
Article 33
Penalties
Article 34
Territorial scope
Article 35
Repeal
Article 36
Entry into force
ANNEX I
LIST OF AUTHORITIES REFERRED TO IN ARTICLES 20 AND 23, AND ADDRESS FOR NOTIFICATIONS TO THE EUROPEAN COMMISSION
A. Authorities of the Member States
BELGIUM
BULGARIA
CZECH REPUBLIC
DENMARK
GERMANY
ESTONIA
IRELAND
GREECE
SPAIN
FRANCE
CROATIA
ITALY
CYPRUS
LATVIA
LITHUANIA
LUXEMBOURG
HUNGARY
MALTA
NETHERLANDS
AUSTRIA
POLAND
PORTUGAL
ROMANIA
SLOVENIA
SLOVAKIA
FINLAND
SWEDEN
UNITED KINGDOM
B. Address for notifications to the European Commission
ANNEX II
LIST OF GOODS REFERRED TO IN ARTICLES 3 AND 4
CN code |
Description |
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1. Goods designed for the execution of human beings, as follows: |
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ex 4421 90 97 ex 8208 90 00 |
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ex 8543 70 90 ex 9401 79 00 ex 9401 80 00 ex 9402 10 00 |
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ex 9406 00 38 ex 9406 00 80 |
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ex 8413 81 00 ex 9018 90 50 ex 9018 90 60 ex 9018 90 84 |
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2. Goods which are not suitable for use by law enforcement authorities to restrain human beings, as follows: |
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ex 8543 70 90 |
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ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 |
Note: This item includes both serrated and non-serrated cuffs and screws |
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ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 ex 6217 10 00 ex 6307 90 98 |
Notes:
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ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 ex 6217 10 00 ex 6307 90 98 |
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ex 9401 61 00 ex 9401 69 00 ex 9401 71 00 ex 9401 79 00 ex 9401 80 00 ex 9402 10 00 |
Note: This item does not prohibit chairs only fitted with straps or belts |
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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 |
Note: This item does not prohibit boards and beds only fitted with straps or belts |
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ex 9402 90 00 ex 9403 20 20 ex 9403 50 00 ex 9403 70 00 ex 9403 81 00 ex 9403 89 00 |
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ex 9402 90 00 ex 9403 20 20 ex 9403 50 00 ex 9403 70 00 ex 9403 81 00 ex 9403 89 00 |
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3. Portable devices which are not suitable for use by law enforcement authorities for the purpose of riot control or self-protection, as follows: |
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ex 9304 00 00 |
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ex 3926 90 97 ex 7326 90 98 |
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4. Whips as follows: |
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ex 6602 00 00 |
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ex 6602 00 00 |
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ANNEX III
LIST OF GOODS REFERRED TO IN ARTICLE 11
CN code |
Description |
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1. Goods designed for restraining human beings, as follows: |
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ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 ex 6217 10 00 ex 6307 90 98 |
Notes:
|
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ex 7326 90 98 ex 7616 99 90 ex 8301 50 00 ex 3926 90 97 ex 4203 30 00 ex 4203 40 00 ex 4205 00 90 ex 6217 10 00 ex 6307 90 98 |
Note: 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 |
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ex 6505 00 10 ex 6505 00 90 ex 6506 91 00 ex 6506 99 10 ex 6506 99 90 |
Note: This item includes spit hoods which are linked to ordinary handcuffs by means of a chain |
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2. Weapons and devices designed for the purpose of riot control or self-protection, as follows: |
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ex 8543 70 90 ex 9304 00 00 |
Notes:
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ex 8543 90 00 ex 9305 99 00 |
Note: The following goods are considered to be essential components:
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ex 8543 70 90 ex 9304 00 00 |
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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: |
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ex 8424 20 00 ex 8424 89 00 ex 9304 00 00 |
Notes:
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ex 2924 29 98 |
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ex 3301 90 30 |
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ex 2924 29 98 ex 2939 99 00 ex 3301 90 30 ex 3302 10 90 ex 3302 90 10 ex 3302 90 90 ex 3824 90 97 |
Notes:
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ex 8424 20 00 ex 8424 89 00 |
Note: 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 |
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ex 8424 20 00 ex 8424 89 00 ex 9304 00 00 |
Notes:
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ANNEX IV
GOODS THAT COULD BE USED FOR THE PURPOSE OF CAPITAL PUNISHMENT REFERRED TO IN ARTICLE 16
CN code |
Description |
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ex 2933 53 90 [(a) to (f)] ex 2933 59 95 [(g) and (h)] |
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ex 3003 90 00 ex 3004 90 00 ex 3824 90 96 |
Note: This item also controls products containing one of the anaesthetic agents listed under short or intermediate acting barbiturate anaesthetic agents. |
ANNEX V
UNION GENERAL EXPORT AUTHORISATION EU GEA 2019/125
PART 1
Goods
PART 2
Destinations
PART 3
Conditions and requirements for using this general export authorisation
ANNEX VI
LIST OF TERRITORIES OF MEMBER STATES REFERRED TO IN ARTICLE 11(2)
DENMARK:
FRANCE:
GERMANY:
ANNEX VII
EXPORT OR IMPORT AUTHORISATION FORM REFERRED TO IN ARTICLE 21(1)
Box 1 |
Applicant: |
Please indicate the applicant's name and the full address. The applicant's customs number may also be indicated (optional in most cases). The type of applicant should be indicated (optional) in the relevant box, using the numbers 1, 2 or 4 referring to the points set out in the definition in Article 2(i) of Regulation (EU) 2019/125. |
Box 3 |
Authorisation No: |
Please fill out the number and tick either the export or the import box. See Article 2(d) and (e) and Article 34 of Regulation (EU) 2019/125 for the definitions of the terms ‘export’ and ‘import’. |
Box 4 |
Expiry date: |
Please state day (two digits), month (two digits) and year (four digits). |
Box 5 |
Agent/representative: |
Please indicate the name of a duly authorised representative or (customs) agent acting on behalf of the applicant, if the application is not presented by the applicant. See also Article 18 of Regulation (EU) No 952/2013. |
Box 6 |
Country where the goods are located: |
Please state both the name of the country concerned and the relevant country code taken from the codes established pursuant to Regulation (EC) No 471/2009 of the European Parliament and of the Council(2). See Commission Regulation (EU) No 1106/2012(3). |
Box 7 |
Country of destination: |
Please state both the name of the country concerned and the relevant country code taken from the codes established pursuant to Regulation (EC) No 471/2009. See Regulation (EU) No 1106/2012. |
Box 10 |
Description of item: |
Please consider including data on packaging of the goods concerned. Note that the value of the goods may also be indicated in box 10. If there is not sufficient space in box 10, please continue on an attached blank sheet, mentioning the authorisation number. Please indicate the number of attachments in box 16. This form is designed for use for up to three different types of goods (see Annexes II and III to Regulation (EU) 2019/125). If it is necessary to authorise the export or import of more than three types of goods, please grant two authorisations. |
Box 11 |
Item No: |
This box needs to be completed on the back of the form only. Please ensure that the Item No corresponds to the printed item number in box 11 found next to the description of the relevant item on the view side. |
Box 14 |
Specific requirements and conditions: |
If there is not sufficient space in box 14, please continue on an attached blank sheet, mentioning the authorisation number. Please indicate the number of attachments in box 16. |
Box 16 |
Number of attachments: |
Please indicate the number of attachments, if any (see explanations to boxes 10 and 14). |
ANNEX VIII
AUTHORISATION FORM FOR THE SUPPLY OF BROKERING SERVICES REFERRED TO IN ARTICLE 21(1)
Box 1 |
Applying broker |
Please indicate the name and full address of the applying broker. Broker is defined in point (l) of Article 2 of Regulation (EU) 2019/125. |
Box 3 |
Authorisation No |
Please fill out the number and tick the appropriate box indicating whether the authorisation is an individual or global one (see points (p) and (q) of Article 2 of Regulation (EU) 2019/125 for the definitions). |
Box 4 |
Expiry date |
Please state day (two digits), month (two digits) and year (four digits). The period of validity of an individual authorisation is from three months to twelve months and that of a global authorisation from one year to three years. When the period of validity comes to an end, an extension can be requested, if necessary. |
Box 5 |
Consignee |
Please indicate, in addition to the name and address, whether the consignee in the third country of destination is an end-user, a distributor as referred to in point (r) of Article 2 of Regulation (EU) 2019/125 or a party having another role in the transaction. If the consignee is a distributor but also uses part of the shipment for a specific end-use, please tick both ‘Distributor’ and ‘End-user’ and mention the end-use in box 11. |
Box 6 |
Third country where the goods are located |
Please state both the name of the country concerned and the relevant country code taken from the codes established pursuant to Regulation (EC) No 471/2009 of the European Parliament and of the Council(2). See Commission Regulation (EU) No 1106/2012(3). |
Box 7 |
Third country of destination |
Please state both the name of the country concerned and the relevant country code taken from the codes established pursuant to Regulation (EC) No 471/2009. See Regulation (EU) No 1106/2012. |
Box 9 |
Issuing Member State |
Please state in the appropriate line both the name of the Member State concerned and the relevant country code taken from the codes established pursuant to Regulation (EC) No 471/2009. See Regulation (EU) No 1106/2012. |
Box 11 |
End use |
Please give a precise description of the use that will be made of the goods and also indicate whether the end user is a law enforcement authority as defined in point (c) of Article 2 of Regulation (EU) 2019/125 or a supplier of training on the use of the brokered goods. Leave blank if the brokering services are supplied to a distributor, unless the distributor itself uses part of the goods for a specific end-use. |
Box 12 |
Precise location of the goods in the third country from which they will be exported |
Please describe the whereabouts of the goods in the third country from which they will be supplied to the person, entity or body mentioned in box 2. The location must be an address in the country mentioned in box 6 or similar information describing the whereabouts of the goods. Note that indicating a post office box number or similar postal address is not allowed. |
Box 13 |
Description of item |
The description of the goods should include a reference to a specific item of Annex III or IV to Regulation (EU) 2019/125. Please consider including data on packaging of the goods concerned. If there is not sufficient space in box 13, please continue on an attached blank sheet, mentioning the authorisation number. Please indicate the number of attachments in box 20. |
Box 14 |
Item No |
This box needs to be completed on the back of the form only. Please ensure that the Item No corresponds to the printed item number in box 14 found next to the description of the relevant item on the view side. |
Box 15 |
HS code |
The HS code is a customs code assigned to the goods in the Harmonised System. Where the code from the EU Combined Nomenclature is known, that code may be used instead. See Commission Implementing Regulation (EU) 2016/1821(4) for the current version of the Combined Nomenclature. |
Box 17 |
Currency and value |
Please indicate the value and currency using the price that is payable (without converting it). If that price is not known, the estimated value should be stated, preceded by the mention EV. The currency has to be indicated using the alphabetic code (ISO 4217:2015). |
Box 18 |
Specific requirements and conditions |
Box 18 concerns the item 1, 2 or 3 (please specify where appropriate) described in the boxes 14 to 16 preceding it. If there is not sufficient space in box 18, please continue on an attached blank sheet, mentioning the authorisation number. Please indicate the number of attachments in box 20. |
Box 20 |
Number of attachments |
Please indicate the number of attachments, if any (see explanations to boxes 13 and 18). |
ANNEX IX
AUTHORISATION FORM FOR THE SUPPLY OF TECHNICAL ASSISTANCE REFERRED TO IN ARTICLE 21(1)
Box 1 |
Applying supplier of technical assistance |
Please indicate the applicant's name and full address. Supplier of technical assistance is defined in point (m) of Article 2 of Regulation (EU) 2019/125. If the technical assistance accompanies an export for which an authorisation is granted, please also indicate the applicant's customs number, if possible, and indicate the number of the related export authorisation in box 14. |
Box 3 |
Authorisation No |
Please fill out the number and tick the appropriate box indicating the Article of Regulation (EU) 2019/125 on which the authorisation is based. |
Box 4 |
Expiry date |
Please state day (two digits), month (two digits) and year (four digits). The period of validity of an authorisation is from three months to twelve months. When the period of validity comes to an end, an extension can be requested, if necessary. |
Box 5 |
Activity of the natural or legal person, entity or body mentioned at 2 |
Please indicate the main activity of the person, entity or body to which the technical assistance will be supplied. The term law enforcement authority is defined in point (c) of Article 2 of Regulation (EU) 2019/125. If the main activity is not in the list, tick ‘None of the above’ and describe the main activity using generic words (e.g. wholesaler, retailer, hospital). |
Box 6 |
Third country or Member State to which the technical assistance will be supplied |
Please state both the name of the country concerned and the relevant country code taken from the codes established pursuant to Regulation (EC) No 471/2009(2) of the European Parliament and of the Council. See Commission Regulation (EU) No 1106/2012(3). Note that in box 6 a Member State should only be mentioned, if the authorisation is based on Article 4 of Regulation (EU) 2019/125. |
Box 7 |
Type of authorisation |
Please indicate whether the supply of technical assistance is provided during a particular period and, if so, state the period in days, weeks or months during which the supplier of technical assistance has to respond to requests for advice, support or training. A single supply of technical assistance concerns one specific request for advice or support or a specific training (even if it concerns a course given during several days). |
Box 8 |
Issuing Member State |
Please state in the appropriate line both the name of the Member State concerned and the relevant country code taken from the codes established pursuant to Regulation (EC) No 471/2009. See Regulation (EU) No 1106/2012. |
Box 9 |
Description of the type of goods to which the technical assistance relates |
Please describe the type of goods concerned by the technical assistance. The description should include a reference to a specific item of Annex II, III or IV to Regulation (EU) 2019/125. |
Box 10 |
Description of the technical assistance that is authorised |
Please describe the technical assistance in a clear and precise manner. Insert a reference to the date and number of an agreement concluded by the supplier of technical assistance or attach such an agreement, where appropriate. |
Box 11 |
Mode of supply |
Box 11 should not be filled out if the authorisation is based on Article 4 of Regulation (EU) 2019/125. If the technical assistance is supplied from a third country other than the third country where the recipient is resident or established, please state both the name of the country concerned and the relevant country code taken from the codes established pursuant to Regulation (EC) No 471/2009. See Regulation (EU) No 1106/2012. |
Box 12 |
Description of training on the use of goods to which the technical assistance relates |
Please indicate whether the technical support or technical service covered by the definition of technical assistance in point (f) of Article 2 of Regulation (EU) 2019/125 is accompanied by training for users of the relevant goods. Please state which type of users will receive such training and specify the objectives and contents of the training programme. |
Box 14 |
Specific requirements and conditions |
If there is not sufficient space in box 14, please continue on an attached blank sheet, mentioning the authorisation number. Please indicate the number of attachments in box 16. |
Box 16 |
Number of attachments |
Please indicate the number of attachments, if any (see explanations to boxes 10 and 14). |
ANNEX X
REPEALED REGULATION WITH LIST OF ITS SUCCESSIVE AMENDMENTS
Council Regulation (EC) No 1236/2005 |
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Commission Regulation (EC) No 1377/2006 |
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Council Regulation (EC) No 1791/2006 |
Only the thirteenth indent of Article 1(1) as regards Regulation (EC) No 1236/2005, and point 13(5) of the Annex |
Commission Regulation (EC) No 675/2008 |
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Commission Regulation (EU) No 1226/2010 |
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Commission Implementing Regulation (EU) No 1352/2011 |
|
Council Regulation (EU) No 517/2013 |
Only Article 1(1)(n), fourth indent, and point 16(4) of the Annex |
Commission Regulation (EU) No 585/2013 |
|
Regulation (EU) No 37/2014 of the European Parliament and of the Council |
Only point 12 of the Annex |
Commission Implementing Regulation (EU) No 775/2014 |
|
Commission Delegated Regulation (EU) 2015/1113 |
|
Regulation (EU) 2016/2134 of the European Parliament and of the Council |
|
Commission Delegated Regulation (EU) 2018/181 |
|
ANNEX XI
CORRELATION TABLE
Regulation (EC) No 1236/2005 |
This Regulation |
Article 1 |
Article 1 |
Article 2 |
Article 2 |
Article 3 |
Article 3 |
Article 4 |
Article 4 |
Article 4a |
Article 5 |
Article 4b |
Article 6 |
Article 4c |
Article 7 |
Article 4d |
Article 8 |
Article 4e |
Article 9 |
Article 4f |
Article 10 |
Article 5 |
Article 11 |
Article 6(1) |
Article 12(1) |
Article 6(2), first subparagraph |
Article 12(2), first subparagraph |
Article 6(2), second subparagraph, introductory wording |
Article 12(2), second subparagraph, introductory wording |
Article 6(2), second subparagraph, first indent |
Article 12(2), second subparagraph, point (a) |
Article 6(2), second subparagraph, second indent |
Article 12(2), second subparagraph, point (b) |
Article 6(2), third subparagraph |
Article 12(2), third subparagraph |
Article 6(3), introductory wording |
Article 12(3), first subparagraph |
Article 6(3), point 3.1 |
Article 12(3), second subparagraph |
Article 6(3), point 3.2 |
Article 12(3), third subparagraph |
Article 6a |
Article 13 |
Article 7 |
Article 14 |
Article 7a |
Article 15 |
Article 7b |
Article 16 |
Article 7c(1) |
Article 17(1) |
Article 7c(2) |
Article 17(2) |
Article 7c(3), introductory wording |
Article 17(3), first subparagraph |
Article 7c(3), point 3.1 |
Article 17(3), second subparagraph |
Article 7c(3), point 3.2 |
Article 17(3), third subparagraph |
Article 7c(3), point 3.3 |
Article 17(3), fourth subparagraph |
Article 7c(4) |
Article 17(4) |
Article 7d |
Article 18 |
Article 7e |
Article 19 |
Article 8 |
Article 20 |
Article 9 |
Article 21 |
Article 10 |
Article 22 |
Article 11 |
Article 23 |
Article 12 |
Article 24 |
Article 12a |
Article 25 |
Article 13(1), (2) and (3) |
Article 26(1), (2) and (3) |
Article 13(3a) |
Article 26(4) |
Article 13(4) |
Article 26(5) |
Article 13(5) |
Article 26(6) |
Article 13a |
Article 27 |
Article 14 |
Article 28 |
Article 15a |
Article 29 |
Article 15b |
Article 30 |
Article 15c |
Article 31 |
Article 15d |
Article 32 |
Article 17 |
Article 33 |
Article 18 |
Article 34 |
— |
Article 35 |
Article 19 |
Article 36 |
Annex I |
Annex I |
Annex II |
Annex II |
Annex III |
Annex III |
Annex IIIa |
Annex IV |
Annex IIIb |
Annex V |
Annex IV |
Annex VI |
Annex V |
Annex VII |
Annex VI |
Annex VIII |
Annex VII |
Annex IX |
— |
Annex X |
— |
Annex XI |