EU ban on trade in instruments of torture

KEY POINTS

Prohibitions

The regulation bans:

• exports and imports of goods which have no practical use other than for the purpose of capital punishment or for the purpose of torture and other cruel, inhuman or degrading treatment or punishment (Annex II);
• the supply of technical assistance in respect of such goods;
• brokers and suppliers of technical assistance from providing training on the use of such goods to non-EU countries; as well as both
  • the promotion of such goods in trade fairs or exhibitions in the EU, and
  • the sale or purchase of advertising space in print media or on the Internet, and of advertising time on television or radio, in relation to such goods.

Export authorisations

The regulation sets out the rules for the issue of export authorisations.

• Annex I lists the EU countries’ competent authorities permitted to issue such authorisations. Competent authorities must not grant an authorisation if there are reasonable grounds to believe that the goods could be used for the above purposes. No authorisation is required for goods that only pass through the EU’s customs territory.
• Goods that could be used for the purpose of torture or other cruel, inhuman or degrading treatment or punishment are listed in Annex III.
• Annex III does not include:
  • firearms controlled by Regulation (EU) No 258/2012;
  • dual-use items controlled by Regulation (EC) No 428/2009;
  • goods controlled in accordance with Common Position 2008/944/CFSP.
• Goods that could be used for the purpose of capital punishment and have been approved or actually used for capital punishment by one or more non-EU countries that have not abolished capital punishment are listed in Annex IV. The conditions and requirements for the issue of an EU ‘General Export Authorisation’ are set out in Part 3 of Annex V. Part 2 of the same annex lists destination countries for which export authorisations are not required.
• Authorisations for export, import or transit of goods that could be used for torture must be issued on a form based on the model set out in Annex VII.
• Authorisations concerning brokering services must be issued on a form based on the model set out in Annex VIII.
• Authorisations concerning technical assistance must be issued on a form based on the model set out in Annex IX.
• All such authorisations are valid throughout the EU.
• EU countries’ authorities may refuse to grant an export authorisation and cancel, suspend, amend or withdraw an authorisation that has already been granted.
• If an authorisation is not granted, the customs authorities keep the goods declared and draw attention to the option of applying for an authorisation. The goods are destroyed after 6 months if they have not received a request for authorisation.
• If there is a decision rejecting a request for authorisation, an EU country’s authorities must notify all other EU countries and the European Commission.
• The Commission may amend the lists of goods as soon as new equipment or substances appears on the market.
• EU countries must draw up annual activity reports.