(8)

Granting a global authorisation would also be appropriate where a manufacturer needs to export medicinal products controlled by Regulation (EC) No 1236/2005 to a distributor in a country that has not abolished capital punishment, provided the exporter and the distributor have concluded a legally binding agreement requiring the distributor to apply an appropriate set of measures ensuring that the medicinal products will not be used for capital punishment.

(8)

Granting a global authorisation would also be appropriate where a manufacturer needs to export medicinal products controlled by Regulation (EC) No 1236/2005 to a distributor in a country that has not abolished capital punishment, provided the exporter and the distributor have concluded a legally binding agreement requiring the distributor to apply an appropriate set of measures ensuring that the medicinal products will not be used for capital punishment , for torture or for other cruel, inhuman or degrading treatment or punishment .

(12)

It is necessary to prohibit brokers in the Union from providing brokering services in relation to goods whose export and import are prohibited as such goods have no practical use other than for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. Prohibiting the provision of such services serves the purpose of protecting public morals.

(12)

It is necessary to prohibit brokers in the Union from providing brokering services in relation to goods whose export and import are prohibited as such goods have no practical use other than for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. Prohibiting the provision of such services serves the purpose of protecting public morals and respecting the principles of human dignity which underpin European values, as embodied in the Treaty on European Union and the Charter of Fundamental Rights of the European Union .

(19a)

A targeted end-use clause should be introduced in order for Member States to suspend or halt the transfer of security-related items not listed in Annexes II and III that clearly have no practical use other than for the purposes of capital punishment, torture or other cruel, degrading or inhuman treatment or punishment, or where there are reasonable grounds to believe that the transfer of those items would lead to the facilitation or the commission of capital punishment, torture or other cruel, degrading or inhuman treatment or punishment. Powers granted under the targeted end-use clause should not extend to medical products that could be used for the purpose of capital punishment,

(aa)

Point (f) is replaced by the following:

(f)

‘technical assistance’ means any technical support related to repairs, development, manufacture, testing, maintenance, assembly or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services. Technical assistance includes verbal forms of assistance and assistance provided by electronic means;

(l)

‘broker’ means any natural or legal person or partnership resident or established in a Member State of the Union that carries out services defined under point (k) from the Union into the territory of a third country;

(l)

‘broker’ means any natural or legal person or partnership resident or established in , or a national of, a Member State of the Union , or a subsidiary of a legal person or partnership, that carries out services defined under point (k);

(m)

‘supplier of technical assistance’ means any natural or legal person or partnership resident or established in a Member State of the Union that supplies technical assistance defined under point (f) from the Union into the territory of a third country ;

(m)

‘supplier of technical assistance’ means any natural or legal person or partnership resident or established in a Member State of the Union that supplies technical assistance defined under point (f);

(n)

‘exporter’ means any natural or legal person or partnership on whose behalf an export declaration is made, that is to say the person who, at the time when the declaration is accepted, holds a contract with the consignee in the third country concerned and has the necessary power for determining the sending of the goods out of the customs territory of the Union. If no export contract has been concluded or if the holder of the contract does not act on its own behalf, the exporter means the person who has the necessary power for determining the sending of the item out of the customs territory of the Union. Where the benefit of a right to dispose of the goods belongs to a person established outside the Union pursuant to the contract on which the export is based, the exporter shall be considered to be the contracting party established in the Union;

(n)

‘exporter’ means any natural or legal person or partnership on whose behalf an export declaration is made, that is to say the person who, at the time when the declaration is accepted, holds a contract with the consignee in the third country concerned and has the necessary power for determining the sending of the goods out of the customs territory of the Union. If no export contract has been concluded or if the holder of the contract does not act on its own behalf, the exporter means the person who has the necessary power for determining the sending of the item out of the customs territory of the Union. Where the benefit of a right to dispose of the goods belongs to a person established outside the Union pursuant to the contract on which the export is based, the exporter shall be considered to be the contracting party resident or established in the Union;

(ra)

‘transit’ means a transport of non-Union goods, listed in Annexes, entering and passing through the customs territory of the Union with a destination outside the Union.

(3a)

The following article is inserted:

‘Article 4b

Transit prohibition

1.    Any transit of goods listed in Annex II shall be prohibited, irrespective of the origin of such goods.

2.    By way of derogation from paragraph 1, the competent authority may authorise a transit of goods listed in Annex II, if it is demonstrated that, in the country to which the goods will be exported, such goods will be used for the exclusive purpose of public display in a museum in view of their historic significance.’

(3b)

The following article is inserted:

‘Article 4c

Prohibition of commercial marketing and promotion

Online and offline commercial marketing and promotion activities within the Union, by any natural or legal person or partnership, for the purpose of the transfer of goods listed in Annex II shall be prohibited.’

(5a)

In Article 6, the following paragraph is inserted:

1a.     The competent authority, taking into account all relevant evidence, shall, along with Member States, ensure that all companies marketing security equipment and those organising trade fairs and other events where such equipment is marketed, are made aware of the fact that such equipment could be used for torture and other cruel, degrading or inhuman treatment or punishment and that marketing such equipment may become prohibited and authorisations relating to it may be withdrawn.

(5b)

In Article 6, paragraph 2 is replaced by the following:

2.   The competent authority shall not grant any authorisation when there are reasonable grounds to believe that goods listed in Annex III and Annex IIIa might be used for torture or other cruel, inhuman or degrading treatment or punishment, including judicial corporal punishment, by a law enforcement authority or any natural or legal person in a third country.

The competent authority shall take into account:

—

available international court judgements,

—

findings of the competent bodies of the UN, the Council of Europe and the EU, and reports of the Council of Europe's European Committee for the Prevention of Torture and Inhuman or Degrading Treatment and Punishment and of the UN Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment.

Other relevant information, including available national court judgements, reports or other information prepared by civil society organisations and information on restrictions on exports of goods listed in Annexes II , III and IIIa applied by the country of destination, may be taken into account.

(5c)

The following article is inserted:

‘Article 6a

Transit authorisation requirement

1.    An authorisation shall be required for the transit of goods listed in Annex III or IIIa if the economic operator has been informed by the competent authorities of the Member State where the transit occurs that the items in question are or may be intended, in their entirety or in part, for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

2.    If an economic operator is aware that the goods in transit listed in Annex III or IIIa are intended, in their entirety or in part, for the purpose of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, it shall notify the competent authorities, which shall decide whether or not it is expedient to make the transit concerned subject to authorisation.

3.    A Member State which imposes an authorisation requirement, pursuant toparagraphs 1 and 2, on the transit of an item not listed in Annex III or IIIa, shall inform the other Member States and the Commission.’

6a.

The following article is inserted:

‘Article 7aa

Exchange of best practices

Member States are encouraged to promote best practice between suppliers of technical assistance to ensure that this assistance contributes positively to combating torture and other cruel, inhuman or degrading treatment or punishment.’

(7a)

The following Chapter is inserted:

‘Chapter III b

Non-listed goods

Article 7e

Catch-all clause

1.    An authorisation shall be required for the export of items not listed in the Annexes to this Regulation if the exporter has been informed by the competent authorities of the Member State in which it 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 is aware that items which it proposes to export, not listed in Annex II, III or IIIa, 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, it shall notify the authorities of the Member State in which it is established, which shall decide whether or not it is expedient to make the export concerned subject to authorisation.

3.    A Member State which imposes an authorisation requirement, pursuant to paragraphs 1 and 2, on the export of item not listed in Annex II, III or IIIa, shall immediately inform the other Member States and the Commission thereof and indicate precise reasons for the imposition of an authorisation requirement. Member States shall also immediately inform the Commission of any modifications made to measures adopted under paragraphs 1 and 2.

4.    The other Member States shall give all due consideration to this information and shall inform their customs administration and other relevant national authorities.

5.    When imperative grounds of urgency so require, the Commission shall adopt delegated acts adding items referred to in paragraphs 1 and 2 to Annex II, Annex III or Annex IIIa. The procedure provided for in Article 15b shall apply to delegated acts adopted pursuant to this paragraph.

6.    Medicinal products, as defined in Directive 2001/83/EC of the European Parliament and of the Council  (1a) , shall be excluded from the scope of this Article.

(8a)

In Article 10, paragraph 2 is replaced by the following:

(12a)

In Article 13, paragraph 1 is replaced by the following:

(12b)

In Article 13, the following paragraph is inserted:

‘3a.     The Commission shall make annual report compiled of annual activity reports referred to in paragraph 3. The report shall be made publicly available.’

(15a)

The following article is inserted;

‘Article 15c

Anti-Torture Coordination Group

1.    An Anti-Torture Coordination Group chaired by a representative of the Commission shall be set up. Each Member State shall appoint a representative to this Group. It shall examine any question concerning the application of this Regulation which may be raised either by the chair or by a representative of a Member State.

2.    The Coordination Group shall in cooperation with the Commission take appropriate measures to establish direct cooperation and exchange of information between competent authorities, in particular to eliminate the risk of possible disparities in the application of export controls to goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment and which may lead to a deflection of trade.

3.    The Chair of the Anti-Torture Coordination Group shall, whenever it considers it to be necessary, consult exporters, brokers and other relevant stakeholders, including from all parts of civil society with relevant expertise in matters covered by this Regulation.

4.    The Commission shall submit an annual report in writing to the European Parliament on the activities, examinations and consultations of the Anti-Torture Coordination Group, which shall be subject to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council.’

(15b)

The following article is inserted:

‘Article 15d

1.    By…  (*1) , and every three years thereafter, the Commission shall review the implementation of this Regulation and present a comprehensive implementation and impact assessment report to the European Parliament and to the Council, which may include proposals for its amendment. Member States shall provide to the Commission all appropriate information for the preparation of the report.

2.    Special sections of the report shall deal with:

(15c)

In Article 17, the following paragraph is added:

‘2.a    The Commission shall assess whether rules on penalties laid down by Member States are of a similar nature and effect.’

(-a)

In Annex III, in the second column, points 1 and 2 are replaced by the following:

1.

Goods designed for restraining human beings, as follows:

‘1.

Goods designed for restraining human beings, as follows:

1.1.

Shackles and gang chains

1.1.

Shackles and gang chains

1.

Shackles are restraints consisting of two cuffs or rings fitted with a locking mechanism, with a connecting chain or bar

1.

Shackles are restraints consisting of two cuffs or rings fitted with a locking mechanism, with a connecting chain or bar

2.

This item does not control the leg restraints and gang chains prohibited by item 2.3 of Annex II

2.

This item does not control the leg restraints and gang chains prohibited by item 2.3 of Annex II

3.

This item does not control ‘ordinary handcuffs’. Ordinary handcuffs are handcuffs which meet all the following conditions:

3.

This item does not control “ordinary handcuffs”. Ordinary handcuffs are handcuffs which meet all the following conditions:

1.2.

Individual cuffs or rings fitted with a locking mechanism, having an inside circumference exceeding 165 mm when the ratchet is engaged at the last notch entering the locking mechanism

1.2.

Individual cuffs or rings fitted with a locking mechanism, having an inside circumference exceeding 165 mm when the ratchet is engaged at the last notch entering the locking mechanism

1.3.

Spit hoods: hoods, including hoods made of netting, comprising a cover of the mouth which prevents spitting

1.3.

Spit hoods: hoods, including hoods made of netting, comprising a cover of the mouth which prevents spitting

1.3.a

2.

Weapons and devices designed for the purpose of riot control or self-protection, as follows:

2.

Weapons and devices designed for the purpose of riot control or self-protection, as follows:

2.1.

Portable electric discharge weapons that can target only one individual each time an electric shock is administered, including but not limited to electric shock batons, electric shock shields, stun guns and electric shock dart guns

2.1.

Portable electric discharge weapons that can target only one individual each time an electric shock is administered, including but not limited to electric shock batons, electric shock shields, stun guns and electric shock dart guns

1.

This item does not control electric shock belts and other devices falling within item 2.1 of Annex II

1.

This item does not control electric shock belts and other devices falling within item 2.1 of Annex II

2.

This item does not control individual electronic shock devices when accompanying their user for the user's own personal protection

2.

This item does not control individual electronic shock devices when accompanying their user for the user's own personal protection

2.2.

Kits containing all essential components for assembly of portable electric discharge weapons controlled by item 2.1

2.2.

Kits containing all essential components for assembly of portable electric discharge weapons controlled by item 2.1

—

the unit producing an electric shock,

—

the unit producing an electric shock,

—

the switch, whether or not on a remote control, and

—

the switch, whether or not on a remote control, and

—

the electrodes or, where applicable, the wires through which the electrical shock is to be administered

—

the electrodes or, where applicable, the wires through which the electrical shock is to be administered

2.3.

Fixed or mountable electric discharge weapons that cover a wide area and can target multiple individuals with electrical shocks

2.3.

Fixed or mountable electric discharge weapons that cover a wide area and can target multiple individuals with electrical shocks

2.3.a

2.3.b