Brussels, 30/06/2016 (Agence Europe) - On Thursday 30 June, the EU member state ambassadors (Coreper) approved the agreement that was concluded on 24 May in trilogue with the European Parliament on the review of the 2005 regulation banning the trade of equipment that can be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.
Regulation 1236/2005, better known as the Anti-torture Regulation, bans the export and import of equipment and goods that can only be used for torture or capital punishment. The equipment and goods are listed in Annex II of the regulation. Furthermore, the regulation requires specific licences for the export of equipment and goods that could have these uses, but which also have legitimate uses. Such goods are subject to a case-by-case assessment and are listed in Annexes III and IIIA of the regulation. In December 2011, the regulation was amended to control the export of drugs that could be used in executions by lethal injection.
The new regulation will impose a ban on the brokering of equipment that is subject to a ban and listed in Annex II, so as to cover transfers of goods that are not located in the EU. It additionally bans the provision of brokering services by any broker who is aware that goods listed in Annex III or IIIA may be used for torture or capital punishment. The new regulation also bans the supply of technical assistance (concerning goods listed in Annex III or IIIA) by any person who is aware that the equipment in question may be used for torture or capital punishment. Furthermore, the new regulation provides for an urgency procedure in case rapid amendment of the regulation's annexes is necessary when new goods enter the market.
Under the agreement concluded with the European Parliament, that text introduces a prior authorisation regime for brokering services and technical assistance for Annex III and IIIA goods, in place of the prohibition proposed by the Commission. It prohibits the transport of goods listed in Annex II (if the transporter knows that the goods will be used for torture or capital punishment, for Annex III and IIIA goods). It bans the advertising and promotion at exhibitions and trade fairs of goods listed in Annex II, and establishes a coordination group which will serve as a platform for member state experts and the Commission to exchange information on administrative practices. The coordination group will also discuss questions of interpretation, developments and implementation of the regulation.
The new regulation amending Regulation 1236/2005 is expected to be approved by the European Parliament in September, and will then be put to the Council for formal adoption. (Original version in French by Emmanuel Hagry)