S.L. 653.6 Art. 5Export authorization.

(1) An authorization shall be required for the export of goods that could be used for the purpose of torture and other cruel, inhuman or degrading treatment or punishment, listed in the Second Schedule, irrespective of the origin of such goods. However, no authorization shall be required for goods which only pass through the customs territory of the Community, namely those which are not assigned a customs-approved treatment or use other than the external transit procedure.

(2) Subregulation (1) shall not apply to exports to those territories of Member States which are both listed in the Third Schedule and are not part of the customs territory of the Community, provided that the goods are used by an authority in charge of law enforcement in both the country or territory of destination and the metropolitan part of the Member State to which that territory belongs. Customs or other relevant authorities shall have the right to verify whether this condition is met and may decide that, pending such verification, the export shall not take place.

(3) Subregulation (1) shall not apply to exports to third countries, provided that the goods are used by military or civil personnel of a Member State, if such personnel is taking part in an European Union or United Nations peace keeping or crisis management operation in the third country concerned or in an operation based on agreements between Member States and third countries in the field of defence. Customs and other relevant authorities shall have the right to verify whether this condition is met and may decide that, pending such verification, the export shall not take place.