EU ban on trade in instruments of torture

 

SUMMARY OF:

Regulation (EU) 2019/125 on trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment

WHAT IS THE AIM OF THE REGULATION?

KEY POINTS

Prohibitions

The regulation bans:

Export authorisations

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

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 20 February 2019. Regulation (EU) 2019/125 codifies and replaces Regulation (EC) No 1236/2005 and its subsequent amendments.

BACKGROUND

KEY TERMS

Torture: any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from that person or from a third person information or a confession, punishing that person for an act that either that person or a third person has committed or is suspected of having committed, or intimidating or coercing that person or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted either by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. It does not, however, include pain or suffering arising only from, inherent in or incidental to, lawful penalties. Capital punishment is not deemed a lawful penalty under any circumstances.
Other cruel, inhuman or degrading treatment or punishment: any act by which pain or suffering attaining a minimum level of severity, whether physical or mental, is inflicted on a person, when such pain or suffering is inflicted either by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. It does not, however, include pain or suffering arising only from, inherent in or incidental to, lawful penalties. Capital punishment is not deemed a lawful penalty under any circumstances.
Brokering services: the negotiation or arrangement of transactions for the purchase, sale or supply of relevant goods from a non-EU country to any other non-EU country, or the selling or buying of relevant goods that are located in a third country for their transfer to another non-EU country.
Technical assistance: 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.

MAIN DOCUMENT

Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (codification) (OJ L 30, 31.1.2019, pp. 1-57)

RELATED DOCUMENTS

Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition (OJ L 94, 30.3.2012, pp. 1-15)

Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, pp. 1-269)

Successive amendments to Regulation (EC) No 428/2009 have been incorporated into the original document. This consolidated version is of documentary value only.

Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (OJ L 335, 13.12.2008, pp. 99-103)

last update 05.04.2019