Regulation (EU) 2019/125 of the European Parliament and of the CouncilShow full title

UNION GENERAL EXPORT AUTHORISATION EU GEA 2019/125 U.K.

PART 1 U.K. Goods

This general export authorisation covers the goods listed in any entry in Annex IV to Regulation (EU) 2019/125 of the European Parliament and of the Council(1).

It also covers supplies of technical assistance to the end-user to the extent that such assistance is necessary for the installation, operation, maintenance or repair of those goods whose export is authorised, if such assistance is provided by the exporter.

PART 2 U.K. Destinations

An export authorisation under Regulation (EU) 2019/125 is not required for supplies to a country or territory that is part of the customs territory of the Union, which for the purpose of this Regulation includes Ceuta, Helgoland and Melilla (Article 34(2)).

This general export authorisation is valid throughout the Union for exports to the following destinations:

• Danish territories not included in the customs territory:

  • Faroe Islands,

  • Greenland

• French territories not included in the customs territory:

  • French Polynesia,

  • French Southern and Antarctic Territories,

  • New Caledonia and Dependencies,

  • Saint-Barthélemy,

  • Saint Pierre and Miquelon,

  • Wallis and Futuna Islands

• Dutch territories not included in the customs territory:

  • Aruba,

  • Bonaire,

  • Curaçao,

  • Saba,

  • Sint Eustatius,

  • Sint Maarten

• Relevant British territories not included in the customs territory:

  • Anguilla,

  • Bermuda,

  • Falkland Islands,

  • Gibraltar,

  • Montserrat,

  • Saint Helena and Dependencies,

  • South Georgia and the South Sandwich Islands,

  • Turks and Caicos Islands

• Albania

• Andorra

• Argentina

• Australia

• Benin

• Bolivia

• Bosnia and Herzegovina

• Canada

• Cape Verde

• Colombia

• Costa Rica

• Djibouti

• Dominican Republic

• Ecuador

• [F1 . . . . .]

• Gabon

• [F2 The Gambia]

• Georgia

• Guinea-Bissau

• Honduras

• Iceland

• Kyrgyzstan

• Liberia

• Liechtenstein

• [F2 Madagascar]

• Mexico

• Moldova

• Mongolia

• Montenegro

• Mozambique

• Namibia

• Nepal

• New Zealand

• Nicaragua

• [F2 North Macedonia]

• Norway

• Panama

• Paraguay

• Philippines

• Rwanda

• San Marino

• Sao Tome and Principe

• Serbia

• Seychelles

• South Africa

• Switzerland (including Büsingen and Campione d'Italia)

• Timor-Leste

• Togo

• Turkey

• Turkmenistan

• Ukraine

• Uruguay

• Uzbekistan

• Venezuela

Textual Amendments

F1 Deleted by Commission Delegated Regulation (EU) 2020/621 of 18 February 2020 amending Annexes I and V to Regulation (EU) 2019/125 of the European Parliament and of the Council concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

F2 Inserted by Commission Delegated Regulation (EU) 2020/621 of 18 February 2020 amending Annexes I and V to Regulation (EU) 2019/125 of the European Parliament and of the Council concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

PART 3 U.K. Conditions and requirements for using this general export authorisation

(1) This general export authorisation may not be used if: U.K.

(a)

the exporter has been prohibited from using this general export authorisation in accordance with Article 20(1) of Regulation (EU) 2019/125;

(b)

the competent authorities of the Member State in which the exporter is resident or established have informed the exporter that the goods in question are or may be intended, in their entirety or in part, either for re-export to a third country or to be used for the purpose of capital punishment in a third country;

(c)

the exporter knows or has reasonable grounds to believe that the goods in question are intended, in their entirety or in part, either for re-export to a third country or to be used for the purpose of capital punishment in a third country;

(d)

the relevant goods are exported to a customs free zone or free warehouse which is located in a destination covered by this general export authorisation;

(e)

the exporter is the manufacturer of the medicinal products in question and has not concluded a legally binding agreement with the distributor requiring the latter to make all supplies and transfers subject to the conclusion of a legally binding agreement requiring, preferably subject to a dissuasive contractual penalty, the customer

(i)

not to use any of the goods received from the distributor for capital punishment;

(ii)

not to supply or transfer any of these goods to a third party, if the customer knows or has reasonable grounds to believe that the goods are intended to be used for the purpose of capital punishment; and

(iii)

to impose the same requirements on any third party to which the customer might supply or transfer any of these goods;

(f)

the exporter is not the manufacturer of the medicinal products in question and has not obtained a signed end-user declaration from the end-user in the country of destination;

(g)

the exporter of medicinal products has not concluded a legally binding agreement with the distributor or end-user requiring, preferably subject to a dissuasive contractual penalty, the distributor or, if the agreement was concluded by the end-user, the end-user to obtain prior authorisation from the exporter for

(i)

any transfer or supply of any part of the shipment to a law enforcement authority in a country or territory that has not abolished capital punishment;

(ii)

any transfer or supply of any part of the shipment to a natural or legal person, entity or body procuring relevant goods for or providing services involving use of such goods to such a law enforcement authority, and

(iii)

any re-export or transfer of any part of the shipment to a country or territory that has not abolished capital punishment; or

(h)

the exporter of goods other than medicinal products has not concluded a legally binding agreement referred to in point (g), with the end-user.

(2) Exporters that use this general export authorisation EU GEA 2019/125 shall notify the competent authorities of the Member State where they are resident or established of their first use of this general export authorisation no later than 30 days after the date when the first export took place. U.K.

Exporters shall also report in the customs declaration the fact that they are using this general export authorisation EU GEA 2019/125 by indicating in box 44 the relevant code found in the TARIC database.

(3) Reporting requirements attached to the use of this general export authorisation and any additional information that the Member State from which the export is made might require on items exported under this general export authorisation are defined by Member States. U.K.

A Member State may require exporters resident or established in that Member State to register prior to the first use of this general export authorisation. Without prejudice to Article 20(1) of Regulation (EU) 2019/125, registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within ten working days of receipt.

(1)

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 (see page 1 of this Official Journal).