ANNEX ISupplementary provisions
ANNEX I ‘ ANNEX II LIST OF GOODS REFERRED TO IN ARTICLES 3 AND 4 Introductory Notes: The ‘ ‘CN codes’ ’ in this Annex refer to codes specified in Part Two of Annex I to Council Regulation (EEC) No 2658/87 ( 1 ) . Where ‘ ‘ex’ ’ precedes the CN code, the goods covered by this Regulation 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. Notes: 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. The object of the controls contained in this Annex should not be defeated by the export of any non-controlled goods (including plants) containing one or more controlled components when the controlled component or components are the principal element of the goods and can feasibly be removed or used for other purposes. 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 99 ex 8208 90 00 1.1. Gallows, guillotines, and blades for guillotines ex 8543 70 90 ex 9401 79 00 ex 9401 80 00 ex 9402 10 00 1.2. Electric chairs for the purpose of execution of human beings ex 9406 20 00 ex 9406 90 38 ex 9406 90 90 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 00 ex 9018 90 50 ex 9018 90 60 ex 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 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 4017 00 00 2.2. Thumb-cuffs, finger-cuffs, thumbscrews, and finger-screws. Note: This item includes both serrated and non-serrated cuffs and screws. 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 ex 4017 00 00 2.3. Bar fetters, weighted leg restraints and gang chains comprising bar fetters or weighted leg restraints. Notes: 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 handcuff by means of a chain. 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 ex 7315 81 00 ex 7315 82 00 ex 7315 89 00 ex 4017 00 00 2.4. Gang chains Note: Gang chains comprise multiple pairs of handcuffs, leg cuffs, belly chains, or a combination of these, attached to a single chain (often made of metal), restraining several people together in a chain. ex 7326 90 98 ex 7616 99 90 ex 7315 81 00 ex 7315 82 00 ex 7315 89 00 2.5. Leg irons Note: Leg irons are non-adjustable metal rings or other non-adjustable metal restraints that are fixed around a prisoner’s ankles, normally by means of a bolt or screw arrangement. They can be hinged or unhinged and are normally linked with a chain. (They are distinct from leg cuffs which can be adjusted on a detainee’s ankle (Annex III, 1.3)). 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 ex 4017 00 00 2.6. Cuffs for restraining human beings, designed to be anchored to a wall, floor or ceiling ex 9401 61 00 ex 9401 69 00 ex 9401 71 00 ex 9401 79 00 ex 9401 80 00 ex 9402 10 00 2.7. Restraint chairs: chairs fitted with shackles or other devices to restrain a human being. Note: This item does not prohibit chairs only fitted with straps or belts ex 9402 90 00 ex 9403 20 80 ex 9403 50 00 ex 9403 60 00 ex 9403 89 00 2.8. Shackle boards and shackle beds: boards and beds fitted with shackles or other devices to restrain a human being. Note: This item does not prohibit boards and beds only fitted with straps or belts ex 9402 90 00 ex 9403 50 00 ex 9403 60 00 ex 9403 70 00 ex 9403 89 00 2.9. 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 00 ex 9403 20 20 ex 9403 50 00 ex 9403 60 90 ex 9403 70 00 ex 9403 89 00 2.10. 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 ex 6505 00 10 ex 6505 00 90 ex 6506 91 00 ex 6506 99 10 ex 6506 99 90 ex 6217 10 00 ex 6307 90 98 2.11. Hoods and blindfolds solely designed for law enforcement purposes to block the vision and/or enclose the face of a person/detainee, including such hoods and blindfolds when linked by a chain to ordinary handcuffs or other restraints. Note: This item does not include spit hoods which are controlled in Annex III 1.4. 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 7326 90 98 ex 4205 00 90 ex 6602 00 00 ex 7326 90 98 ex 7806 00 80 ex 4203 29 90 ex 4015 19 00 3.2. Weighted batons or batons encased in thick leather or rubber with additional weighting designed to increase kinetic impact to the target and weighted gloves or other similar devices Notes: 1. Weighted baton: A flat device consisting of metal (spring steel) encased in thick leather or rubber and used for slapping or striking a person; or a short baton consisting of spring steel encased in leather, sometimes weighted at one end with lead shot, and used for striking a person. 2. Weighted gloves are usually made of leather and have powdered steel or lead sewn into the material over the knuckle, fingers, or back of the hand. ex 4421 91 00 ex 4421 99 99 ex 3926 90 97 ex 6602 00 00 3.3. Lathis Note: Lathis are long flexible batons (over 1m long), traditionally made of wood or bamboo but also polycarbonate of the kind used as a weapon by police officers. ex 3926 90 97 ex 7326 90 98 3.4. Shields with metal spikes ex 3926 20 00 ex 7326 90 98 ex 7616 99 90 ex 4017 00 00 3.5. Body armour with spikes or serrations made of metal or other hard material. Note: This item does not control body armours with load-bearing systems featuring parts made of metal or other hard material used to attach or carry equipment. 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. ex 6602 00 00 4.3. ‘‘Sjamboks’’ Note: This item alludes to a type of heavy whip, traditionally made of leather, or of other materials, such as plastic. This item does not cover instruments traditionally used for herding animals. 5. Weapons and equipment disseminating incapacitating or irritating chemicals or impact projectiles and related ammunition which are not suitable for use by law enforcement authorities for the purpose of riot control or self-protection. ex 8424 20 00 ex 8424 89 70 ex 9304 00 00 5.1. Fixed equipment for the dissemination of incapacitating or irritating chemical substances in enclosed spaces, which can be attached to a wall or to a ceiling inside a building, comprises a canister of irritating or incapacitating chemical agents and is activated using a remote-control system. Note: This item alludes to equipment or devices of the kind used in prisons and other places of detention. It does not prohibit fixed equipment designed for the dissemination of blinding substances (such as water vapour or fog), that do not cause direct physical harm, used in commercial or private enclosed spaces for the purpose of burglary prevention. ex 9301 10 00 ex 9301 20 00 ex 9301 90 00 ex 9302 00 00 ex 9303 10 00 ex 9303 20 10 ex 9303 20 95 ex 9303 30 00 ex 9303 90 00 ex 9304 00 00 ex 9306 21 00 ex 9306 29 00 ex 9306 30 10 ex 9306 30 30 ex 9306 30 90 ex 9306 90 10 ex 9306 90 90 5.2. Equipment and explosive projectiles for dispensing injurious quantities of riot control agents from aerial platforms. Note: This item does not control smoke grenades and does not control aerial platforms as such. This item includes equipment where the mode of dispersal is inherently inaccurate, or the equipment or projectiles are able to disperse amounts of riot control agent that are injurious. ’ ( 1 ) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff ( OJ L 256, 7.9.1987, p. 1 , ELI: http://data.europa.eu/eli/reg/1987/2658/oj ).