21.12.2011 EN Official Journal of the European Union L 338/31
COMMISSION IMPLEMENTING REGULATION (EU) No 1352/2011
of 20 December 2011
amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (1), and in particular Article 12(2) thereof,
Whereas:
(1) Regulation (EC) No 1236/2005 imposes a prohibition on exports of goods which have no practical use other than for the purpose of capital punishment, torture and other cruel, inhuman or degrading treatment or punishment and controls on exports of certain goods that could be used for such purpose. It respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular respect for and protection of human dignity, the right to life and the prohibition of torture and inhumane and degrading treatment or punishment.
(2) In some recent cases medicinal products exported to third countries have been diverted and used for capital punishment, notably by administering a lethal overdose by means of injection. The Union disapproves of capital punishment in all circumstances and works towards its universal abolition. The exporters objected to their involuntary association with such use of the products they developed for medical use.
(3) It is therefore necessary to supplement the list of goods subject to trade restrictions to prevent the use of certain medicinal products for capital punishment and to ensure that all Union exporters of medicinal products are subject to uniform conditions in this regard. The relevant medicinal products were developed for, inter alia, anaesthesia and sedation and their export should therefore not be made subject to a complete prohibition.
(4) It is also necessary to broaden the ban on trade in electric-shock belts to cover similar body-worn devices such as electric shock sleeves and cuffs which have the same impact as electric-shock belts.
(5) It is necessary to prohibit trade in spiked batons which are not admissible for law enforcement. While the spikes are capable of causing significant pain or suffering, spiked batons do not appear more effective for riot control or self-protection than ordinary batons and the pain or suffering caused by the spikes is therefore cruel and not strictly necessary for the purpose of riot control or self-protection.
(6) Changes in the numbering of certain parts of the Combined Nomenclature (CN) have occurred after Regulation (EC) No 1236/2005 was adopted and the relevant CN codes should be updated accordingly.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Common Rules for Exports of Products.
(8) In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,
Annex II and Annex III to Regulation (EC) No 1236/2005 shall be replaced by the texts in Annex I and Annex II, respectively.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall not apply to products listed in point 4.1 of Annex III for which an export declaration has been lodged prior to its entry into force.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.