92002E0669

WRITTEN QUESTION E-0669/02

by Niall Andrews (UEN) to the Commission

(11 March 2002)

Subject: Use of European CE Quality Marks on electro-shock equipment

The Commission will recall that in June 2000, at the request of the European Parliament's STOA Panel, the Final Study on Crowd Control Technologies was published. The Study included an appraisal of electro-shock and stun weapons. It pointed out that the EC has actually given CE quality control markings for such weapons which foreign manufacturers use as an official seal of approval in promoting their overseas sales. It recommended that this practice should be stopped or that, alternatively, the Member States should take the necessary measures to prevent the export or transhipment of devices aimed at administering an electric shock.

Will the Commission now indicate what action it has or is taking to implement the recommendations of this Study on electro-shock equipment?

Will the Commission provide information on the number of companies manufacturing these products that are in receipt of CE certification?

Will the Commission outline the process by which the CE mark is awarded for such products?

Taking into account reports in the Stoa Study on the effects of stun weapons which include short-term effects such as severe pain and loss of muscle control and long-term effects such as scarring of skin, severe depression and memory loss, is the Commission concerned that the safety of the victim is sufficiently taken into account in the awarding of the CE mark?

Will the Commission outline what research methods it uses in evaluating products to enable the quality mark to be awarded?

What is the status now of the 1998 European code of Conduct on Arms Exports vis-à-vis electro-shock equipment which stated that export licences will not be issued if the exports may be used for internal repression, or if they may provoke or prolong armed conflicts?

Answer given by Mr Liikanen on behalf of the Commission

(5 April 2002)

The CE conformity marking was introduced into Community legislation by Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation directives(1) and by Council Directive 93/68/EEC of 22 July 1993(6). The latter introduced the CE marking into a number of sectoral technical harmonisation directives.

The CE conformity marking must be affixed to any product falling within the scope of a technical harmonisation directive providing for it. It signifies that the product complies with the legally binding requirements of the applicable technical harmonisation directive(s). The manufacturer is responsible for affixing the CE conformity marking, although the directives often require the intervention of a third-party conformity assessment body. Member States are responsible for the designation of such bodies in accordance with the applicable provisions of the directives.

A number of services in the Commission are responsible for technical harmonisation directives providing for the CE conformity marking, although most fall under the responsibility of Directorate general Enterprise. However, the Commission does not intervene directly in the process of evaluating the conformity of products nor in the award of the CE conformity marking.

All manufacturers of stun weapons falling within the scope of a technical harmonisation directive providing for the CE conformity marking must affix this marking to the relevant products. The Commission does not have information about the number of manufacturers involved.

In an earlier reply to written question E-3259/97 by Mrs. Wemheuser(2), the Commission noted that a wide variety of equipment could potentially be used for purposes of torture. Moreover, it is not always possible to determine in advance to what use equipment will be put. The Commission is therefore of the opinion that it is not feasible to apply a differential treatment, in the context of these directives, to equipment that could potentially be used as an instrument of torture.

However, further to previous replies on that subject, in particular to written questions E-0446/02 by Mrs Banotti(3) and E-0470/02 by Mrs. Scallon(4), and in order to take into account the concerns of the Honourable Members, the Commission is currently preparing a proposal for a Council Regulation concerning trade in equipment that may be used for torture or other cruel, inhuman or degrading treatment or punishment. The aim of this Regulation is amongst others to impose controls on exports of equipment which may be used for such purposes in a third country which will in principle include electric shock equipment and stun guns.

Finally, as regard the application of the European Code of Conduct on arms exports vis-à-vis electro-shock equipment, the list of items to which this Code is to be applied is found in the Council Declaration of 13 June 2000(5), and does not include such equipment.

(1) OJ L 220, 30.8.1993.

(2) OJ C 158, 25.5.1998.

(3) OJ C 160 E, 4.7.2002, p. 217.

(4) OJ C 160 E, 4.7.2002, p. 218.

(5) OJ C 191, 8.7.2000.

(6) OJ L 220, 30.8.1993.