PURPOSE: to amend Council Regulation (EC) No 1236/2005
concerning trade in certain goods which could be used for capital
punishment, torture or other cruel, inhuman or degrading treatment
or punishment.
LEGISLATIVE ACT: Regulation (EU) 2016/2134 of the
European Parliament and of the Council amending Council Regulation
(EC) No 1236/2005 concerning trade in certain goods which could be
used for capital punishment, torture or other cruel, inhuman or
degrading treatment or punishment.
CONTENT: the amending Regulation amends Council
Regulation (EC) No 1236/2005 in the light of developments since
it entered into force in 2006. It lays down Union rules governing
trade with third countries in goods that could be used for the
purpose of capital punishment or for the purpose of torture or
other cruel, inhuman or degrading treatment or punishment, and
rules governing the supply of brokering services, technical
assistance, training and advertising related to such
goods.
It amends the definition of “other cruel, inhuman
or degrading treatment or punishment” to align it with the
case-law of the European Court of Human Rights.
The amending Regulation:
- prohibits imports and exports of goods listed in Annex II to that Regulation and the
supply of technical assistance in respect of such goods. Goods
listed in Annex II have no practical use other than for capital
punishment, torture or other cruel, inhuman or degrading treatment
or punishment;
- prohibits the supply of technical
assistance related to goods listed in
Annex II to any person, entity or body in a third country, whether
for consideration or not;
- prohibits the transit of
goods listed in Annex II or Annex IIIa (goods that could be
used for the purpose of capital punishment, torture or other
cruel, inhuman or degrading treatment or punishment) is prohibited
if the economic operator has knowledge about the intended
use;
- prohibits brokers from supplying to any person, entity
or body in a third country brokering services in relation to goods
listed in Annex II, irrespective of the origin of such
goods;
- prohibits promotion and advertising of goods
listed in Annex II to the Regulation at trade fairs or exhibitions
in the Union;
- introduces a prior authorisation system for the
supply of brokering services and technical assistance in respect of
the goods listed in Annex III or in Annex IIIa;
- provides authorisations for export, import or
transit, authorisations concerning brokering services and
authorisations concerning technical assistance shall be issued on a
form consistent with the model set out in Annexes V, VI and VII.
Such authorisations shall be valid throughout the Union. The period
of validity of an authorisation shall be from three to twelve
months with a possible extension of up to 12
months;
- provides an urgency procedure in the cases
where amendments to the Annexes to the Regulation are needed when
new goods enter into the market;
- establishes an anti-torture coordination group
enabling Member States’ experts and the Commission to exchange
information on administrative practices and to discuss questions of
interpretation of the Regulation, technical issues with respect to
the goods listed, and developments related to the
Regulation.
By 31 July 2020, and every five years
thereafter, the Commission shall review the implementation of this
Regulation and assess the need to include the activities of EU
nationals abroad.
ENTRY INTO FORCE: 16.12.2016 with the exception of
certain provisions which shall enter into force on
17.3.2017.
DELEGATED ACTS: the power to adopt delegated acts
shall be delegated to the Commission to amend Annexes I, II, III,
IIIa, IIIb, IV, V, VI and VII of Council Regulation (EC) No
1236/2005. The power to adopt delegated acts shall be conferred on
the Commission for a period of five years (renewable) from 16
December 2016. The European Parliament or the Council shall have
the right to object to a delegated act within a period of two
months (extendable for two months) from the date of
notification.