WRITTEN QUESTION E-0470/02

by Dana Scallon (PPE-DE) to the Commission

(22 February 2002)

Subject: Use of EU safety marks for the promotion of weapons of torture

I am told that, since 1990, electro-shock devices have been used to torture or ill-treat people in prisons, detention centres and police stations in at least 76 countries, in every region of the world. It seems that several stun weapon manufacturers are advertising that their products have been awarded the European CE standard mark and European guarantee.

1. How many stun weapon manufacturers are using the CE mark on their products?

2. Can the Commission clarify the process by which European CE standard marks are awarded to stun weapon manufacturers?

3. Does the European Commission consider that CE safety marks on stun weapons are a quality selling point?

4. Does the Commission consider that action should be taken to prevent stun weapon manufacturers from using the CE marks to promote the sale of their products?

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.