92001E1135

WRITTEN QUESTION E-1135/01

by Christopher Huhne (ELDR) to the Commission

(10 April 2001)

Subject: Electric shock weapons

Is the Commission aware of evidence that electric shock weapons, for example electric-shock batons, electric-shock shields, stun guns, and lasers are being used in certain countries as instruments of torture?

Will the Commission state which Member States currently impose restrictions on the sale, manufacture, or transfer of such weapons?

Do any EU-wide restrictions on electric shock weapons currently exist and if not, does the Commission consider that such restrictions would be desirable?

Answer given by Mr Patten on behalf of the Commission

(18 June 2001)

On 9 April 2001, the Council adopted Guidelines on Union Policy towards third countries on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment(1). It referred to ongoing work to introduce Community-wide controls on the exports of paramilitary equipment as an example of a measure within the Common foreign and security policy (CFSP) to effectively work towards the prevention of torture and ill-treatment.

The Commission is currently considering a proposal to that end. It is aware of allegations that (high voltage) electro-shock equipment, such as belts and batons, could be used as instruments of torture in a number of countries, for example as mentioned in Amnesty International's recent report Stopping the Torture Trade.

In the internal market, manufacturing and trading of high-voltage electro-shock equipment designed for protection against, or controlling of, violent persons is not subject to specific regulation at Community level. However, Council Directive 91/477/EEC of 18 June 1991, on control of the acquisition and possession of weapons(2) provides a general framework for transfers within the internal market. As regards weapons other than firearms, Member States must in particular prohibit their entry into their territory provided that the national provisions of the Member State in question so permit. The fact that Directive 91/477/EEC does not apply to the acquisition or possession of weapons by the armed forces, the police, the public authorities, or collectors and bodies concerned with the cultural and historical aspects of weapons, and recognised as such by the Member State in whose territory they are established, does not appear to have given rise to specific problems in Member States.

Moreover, the abuse of electro-shock equipment for the purpose of torture is a crime in the legal systems of the Member States, as the prohibition against torture is included in a number of United Nations (UN) and Council of Europe Conventions.

The Commission is not fully informed when it comes to restrictions that Member States may currently apply as regards the sale or manufacture of electro-shock equipment in their territory, and as regards the export to or import from third countries. Such restrictions should, however, be in line with relevant Community law. Thus, restrictions on imports should in particular be compatible with either Council Regulation (EC) No 3285/1994 of 22 December 1994, on common rules for imports(3) or Council Regulation (EC) No 519/1994 of 7 March 1994, on common rules for imports from certain third countries(4). Restrictions on exports should in particular be compatible with Council Regulation (EC) No 2603/1969 of 20 December 1969 establishing common rules for exports(5).

(1) http://ue.eu.int/newsroom/main.cfm?LANG=1.

(2) OJ L 256, 13.9.1991.

(3) OJ L 349, 31.12.1994.

(4) OJ L 67, 10.3.1994.

(5) OJ L 324, 27.12.1969.