WRITTEN QUESTION E-0446/02

by Mary Banotti (PPE-DE) to the Commission

(21 February 2002)

Subject: Electro-shock stun weapons and restraint equipment and CE mark

Throughout the world, electro-shock devices are being used to torture and ill treat people in prisons, police stations and detention centres. It has been brought to my attention that many of these stun guns bear the CE trademark. Given the wide abuse of such weaponry, weapon manufacturers should be prevented using CE markings to promote their products. Could the Commission please clarify the process by which such weapons are accorded the invaluable CE safety marking and how many such manufacturers' products of this nature have been authorised?

Joint answerto Written Questions E-0446/02 and E-0470/02given by Mr Liikanen on behalf of the Commission

(21 March 2002)

The CE conformity marking was introduced into Community legislation by Council Decision 93/465/EEC of 22 July 1993(1) concerning the modules for the various phases of the conformity assessment procedures and the rules for affixing the CE conformity marking, which are intended to be used in the technical harmonisation directives and by Council Directive 93/68/EEC of 22 July 1993(4). The latter introduced the CE marking into a number of sectoral technical harmonisation directives.

The CE conformity marking must be affixed to any product falling within the scope of a technical harmonisation directive providing for it. It signifies that the product complies with the legally binding requirements of the applicable technical harmonisation directive(s). The manufacturer is responsible for affixing the CE conformity marking, although the directives often require the intervention of a third-party conformity assessment body. Member States are responsible for the designation of such bodies in accordance with the applicable provisions of the directives.

A number of services in the Commission are responsible for technical harmonisation directives providing for the CE conformity marking, although most fall under the responsibility of Directorate general Enterprise. However, the Commission does not intervene directly in the process of evaluating the conformity of products nor in the award of the CE conformity marking.

All manufacturers of stun weapons falling within the scope of a technical harmonisation directive providing for the CE conformity marking must affix this marking to the relevant products. The Commission does not have information about the number of manufacturers involved.

In an earlier reply to written question E-3259/97 by Mrs Wemheuer(2), the Commission noted that a wide variety of equipment could potentially be used for purposes of torture. Moreover, it is not always possible to determine in advance to what use equipment will be put. The Commission is therefore of the opinion that it is not feasible to apply a differential treatment, in the context of these directives, to equipment that could potentially be used as an instrument of torture.

Nevertheless, further to previous replies on that subject, in particular to written question P-2783/01 by Mr Ford(3), and in order to take into account the concerns of the Honourable Members, the Commission is currently preparing a proposal for a Council Regulation concerning trade in equipment which may be used for torture or other cruel, inhuman or degrading treatment or punishment. The aim of this Regulation is, among others, to impose controls on exports of equipment which may be used for such purposes in a third country which will in principle include electric shock equipment and stun guns.

(1) OJ L 220, 30.8.1993.

(2) OJ C 158, 25.5.1998.

(3) OJ C 81 E, 4.4.2002, p. 209.

(4) OJ L 220, 30.8.1993.