91997E3259

WRITTEN QUESTION E-3259/97 by Rosemarie Wemheuer (PSE) to the Commission (20 October 1997)

Subject: Manufacture and export of instruments of torture

At the end of July 1997 the press indicated that Great Britain had adopted amended guidelines for worldwide trade in weapons manufactured in Britain. The export of instruments of torture is also forbidden.

1. In the individual Member States of the EU is there a definition of which goods in the broadest sense are designated 'instruments of torture'?

2. In which Member States of the EU are instruments of torture produced and marketed?

3. Does the EU have a legal basis which can be used to prohibit the manufacture, marketing and in particular export of instruments of torture?

4. Were there joint European initiatives in the past in this area or are any European initiatives planned for the near future?

Answer given by Sir Leon Brittan on behalf of the Commission (20 November 1997)

1. and 2. The Commission regrets that it does not have sufficient information to be able to answer these questions.

3. Any legal basis within the Community to prohibit the production, sale and export of torture instruments is to be found primarily in the law of Member States.

Article 36 of the EC Treaty allows Member States to prohibit or restrict imports, exports or goods in transit within the Community on grounds of public morality, public policy or public security, as well as the protection of health and life of humans. In respect of exports to third countries, Council Regulation (EEC) No 2603/69 establishing common rules for exports ((OJ L 324, 27.12.1969. )) allows Member States to prohibit or restrict exports to these countries on the same grounds. An export prohibition for the Community as a whole could be based on Article 113 of the EC Treaty.

4. In earlier replies to written questions No E-664/92 by Mr David ((OJ C 247, 24. 9.1992. )) and E-741/97 by Mr Nicholson ((OJ C 139, 5. 6.1995. )) on the export of torture instruments, the Commission already pointed out that everything, depending on circumstances, could become an instrument of torture even if originally it has not been devised for such a purpose. There are therefore clear limitations to what can be done by legislation to prevent the production, sale or export of goods that are eventually used for purposes of torture.

In the light of information obtained from Member States on their definition of torture instruments and their national policy regarding production, sale and export, the Commission would nevertheless be prepared to consider an initiative aimed at a common approach.