TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2019/125 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

1.BACKGROUND

The objective of Regulation (EU) 2019/125 is to prevent capital punishment, on the one hand, or torture and other cruel, inhuman or degrading treatment or punishment, on the other hand, in countries outside the EU by either banning or restricting trade in certain goods. It distinguishes between goods that:

-are inherently abusive and should not be traded at all (Annex II), or

-can have legitimate uses, such as law enforcement equipment (Annex III) or goods for therapeutic use (Annex IV).

Trade in such goods is subject to certain restrictions. In particular, the Regulation provides for the following:

I.It prohibits the import into, export from and transit through, the EU of goods, listed in Annex II, that have no practical use other than for the purpose of capital punishment or for the purpose of torture or other cruel, inhuman or degrading treatment or punishment. The provision of any technical assistance related to such goods, specifically including training in how to use them, is also prohibited. The advertising of such goods in print media or on the Internet or advertising time on television or radio, or the display or offer for sale in an exhibition or fair, are also prohibited.

II.Goods listed in Annex III that could be used for the purpose of torture or other cruel, inhuman or degrading treatment or punishment, but that may also have other legitimate uses (law enforcement), are subject to a prior export authorisation, on a case-by-case basis. A prior export authorisation is also required for supplying technical assistance or brokering services related to this category of goods.

III.It regulates trade in goods – chemicals or pharmaceutical substances (Annex IV) – that could be used for capital punishment (e.g. products that could be used to execute people by lethal injection).

Annex I to the Regulation lists the authorities in the Member States, which in accordance with Article 20 of the Regulation are entitled to make a decision on an application for an authorisation or to prohibit an exporter from using the Union general export authorisation. The lists of prohibited and controlled goods are set out in Annexes II, III and IV to the Regulation. Annex V refers to the Union general export authorisation (part 1 relates to ‘Goods’ while part 2 relates to the ‘Destinations’).

2.LEGAL BASIS

In accordance with Article 29 of Regulation (EU) 2019/125, the Commission is empowered to adopt delegated acts to amend Annexes I, II, III, IV, V, VI VII, VIII and IX to the Regulation. This report is required under Article 29 (2) of Regulation (EU) 2019/125. Pursuant to that Article, the power to adopt delegated acts is conferred on the Commission for a period of five years from 16 December 2016 and the Commission is required to draw up a report in respect of the delegation of that power not later than nine months before the end of the five-year period.

3.EXERCISE OF THE DELEGATION

Since the delegation of power was conferred on the Commission in 2016, the Commission has made use of the power to adopt delegated acts on three occasions, as described below:

a)COMMISSION DELEGATED REGULATION (EU) 2018/181 of 18 October 2017 amended Annex V by adding the Dominican Republic, Sao Tome and Principe and Togo to the list of destinations to which the Union general export authorisation applies. It entered into force on 14 February 2018, the day following that of its publication in the Official Journal of the European Union.

c)COMMISSION DELEGATED REGULATION (EU) 2021/139 of 4 December 2020 amended the reference to the United Kingdom in Annex I to the Regulation. It also amended Annex V by adding the United Kingdom to the list of destinations to which the Union general export authorisation applies. It entered into force on the fifth day (13 February 2021) following its publication in the Official Journal of the European Union.