Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EC) N° 1236/2005
Article 1 – point 7 da (new)
(7a) The following Chapter shall be inserted: 'Chapter III aa Catch-all clause Article 7da 1. An authorisation shall be required for the export of items designed or marketed for law enforcement not listed in Annex II or Annex III if the exporter has been informed by the competent authorities of the Member State in which he resides or is established that the items in question are or may be intended, in their entirety or in part, for the purpose of capital punishment or for the purpose of torture and other cruel, inhuman or degrading treatment or punishment. 2. If an exporter has reasonable grounds to believe that items which he proposes to export, not listed in Annex II or Annex III, are intended, in their entirety or in part, for the purpose of capital punishment or for the purpose of torture and other cruel, inhuman or degrading treatment or punishment, he shall notify the authorities of the Member State in which he resides or is established, which shall decide whether or not it is expedient to make the export concerned subject to authorisation. 3. Medicines and pharmaceutical products are not covered by the scope of this Article, but solely by the Urgency Procedure of Article 15b. 4. A Member State which imposes an authorisation requirement, in application of paragraphs 1 and 2, on the export of items not listed in Annex II or Annex III, shall, where appropriate, inform other Member States and the Commission. 5. The other Member States shall give all due consideration to this information and shall inform their customs administration and other relevant national authorities. 6. Where imperative grounds of urgency so require, the Commission shall adopt delegated acts adding items referred to in paragraphs 1 and 2 to Annex II or Annex III. The procedure provided for in Article 15b shall apply to delegated acts adopted pursuant to this paragraph.