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

This report provides information on the activities of the Anti-Torture Coordination Group in 2019.

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), 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.

This is why the Regulation restricts trade with non-EU countries. In particular, it does 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 purposes of capital punishment or torture. 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 purposes of capital punishment or torture, 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. Annex III does not include: (a) firearms subject to Regulation (EU) No 258/2012 ; (b) dual-use items subject to Regulation (EC) No 428/2009 ; (c) goods subject to the terms of Common Position 2008/944/CFSP .

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). A specific licence authorisation (EU General Export Authorisation) has been introduced to control the export of such anaesthetic chemicals and prevent their transfer for use in lethal injection executions, without limiting their trade for medical, veterinary or other legitimate purposes.

The lists of prohibited and controlled goods are set out in Annexes II, III and IV to the Regulation.

3.Activities of the Anti-Torture Coordination Group

The Anti-Torture Coordination Group (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 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 related 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 held two meetings in 2019, on 29 April and 17 December, to exchange information on a number of issues summarised below concerning the Regulation’s implementation.

3.1.Developments related to the basic act

The ATCG was informed of developments related to the basic act, namely the codification of Regulation (EC) No 1236/2005 in Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019. The original Regulation (EC) No 1236/2005 had been substantially amended several times between 2005 and 2018. For clarity and legal certainty, it had been codified. The codified Regulation repealed Regulation (EC) No 1236/2005 and consolidated all its amendments, but did not amend the lists of controlled goods.