TO THE EUROPEAN PARLIAMENT on the activities and consultations of the Anti-Torture Coordination Group referred to in Article 31 of Regulation (EU) 2019/125 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment

1.Introduction

Article 31(4) of 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 requires the Commission to submit an annual report to the European Parliament on the activities, examinations and consultations of the Anti-Torture Coordination Group (ATCG). The report must not undermine the commercial interests of natural or legal persons.

This report provides information on the ATCG’s activities in 2020.

2.Regulatory framework

The Regulation’s objective is to prevent capital punishment, on the one hand, and torture and other cruel, inhuman or degrading treatment or punishment in countries outside the EU, on the other, by restricting trade in certain goods. It distinguishes between:

-goods that are inherently abusive and should not be traded at all (Annex II); and

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

Trade in goods listed in Annex III and Annex IV is subject to certain restrictions. In particular, the Regulation:

I.prohibits the import into, export from and transit through the EU of goods listed in Annex II, which have no practical use other than for the purposes of capital punishment or torture. It prohibits the provision of any technical assistance relating to such goods, including training in how to use them. It also prohibits advertising such goods in print media, on the internet or on television or radio, and displaying or offering them for sale at an exhibition or trade fair;

II.requires prior authorisation, case by case, for exports of goods listed in Annex III, which could be used for the purposes of capital punishment or torture, but may have other legitimate uses (e.g. for law enforcement). A prior export authorisation is also required for supplying technical assistance or brokering services relating to this category of goods. Annex III does not include:

(a) firearms subject to Regulation (EU) No 258/2012;

(b) dual-use items subject to Regulation (EU) 2021/821; or

(c) goods subject to the terms of Council Common Position 2008/944/CFSP;

and

III.regulates trade in chemicals and pharmaceutical substances (Annex IV) that could be used for capital punishment (e.g. through lethal injection). A specific licence authorisation (Union general export authorisation (GEA)) has been introduced to control the export of such anaesthetic chemicals and prevent their transfer for use in lethal injection executions, without limiting trade in them for medical, veterinary or other legitimate purposes.

3.Activities of the Anti-Torture Coordination Group

The ATCG was set up pursuant to Regulation (EU) 2016/2134 of the European Parliament and of the Council to examine questions concerning the application of the Anti‑Torture Regulation.

The ATCG serves as a platform for Member State experts and the Commission to exchange information on administrative practices and discuss issues of interpretation of the Regulation, technical issues with the goods listed, developments relating to the Regulation, and any other matters that may arise. The Commission also consults the ATCG when preparing delegated acts, in accordance with the Interinstitutional Agreement of 13 April 2016 on Better Law‑Making.

The ATCG met once in 2020, on 12 October, in a virtual format, to exchange information on a number of issues (summarised below) concerning the implementation of the Regulation.

3.1.Developments relating to the basic act