On Monday 14 November, the Council of the EU adopted the new regulation governing the prohibition on the trade in equipment that may be used for capital punishment, torture or other cruel or degrading treatment, amending Regulation no. 1236 of 2005.
The new text makes changes to the current rules on export controls. It allows exports to countries that are parties to the international conventions on the death penalty to be covered by a general authorisation. These countries must have abolished the death penalty for all crimes and the goods may not be re-exported to other countries.
It prohibits the brokering of equipment subject to an import/export ban, listed in Annex II of the 2005 regulation, to cover transfers of goods not situated in the EU. It also bans the provision of brokerage services by any operator notified of the fact that the equipment listed in annexes III or IIIA may be used for torture or capital punishment. It also prohibits the provision of technical assistance (for the equipment listed in annexes III or IIIA) by any person notified of the fact that the equipment in question can be used for torture or capital punishment.
Additionally, the new text amends the definition of other cruel, inhuman or degrading punishments and treatment in light of the case-law of the European Court of Human Rights.
Lastly, it sets in place an emergency procedure for cases in which amendments of the annexes to the regulation are required urgently when new equipment enters the market.
In the framework of the agreement with the European Parliament, which the latter approved on 4 October (see EUROPE 11638), the new text brings in a prior authorisation regime for brokerage and technical assistance services for the equipment listed in annexes III and IIIA. It prohibits the transportation of goods in transit listed in annexes II, III or IIIA (if the operator has information on their use in the country of destination). It bans advertising and promotion activities at exhibitions or trade fairs concerning the equipment listed in annex II. It sets in place a coordination group for the exchange of information between member states and the Commission for administrative practices and for questions of interpretation, the implementation of the text and developments on the market. (Original version in French by Emmanuel Hagry)