EU Council agrees new trade rules on capital punishment and torture goods

The EU Committee of Permanent Representatives (COREPER) has, on behalf of the Council, agreed amendments to the EU’s rules on the sale and export of goods that may be used for capital punishment or torture. The amendments to Regulation 1236/2005, agreed in view of developments since its introduction in 2006, would:

  1. prohibit the brokering of banned equipment listed in Annex II, to cover transfers of goods that are not located in the EU;
  2. prohibit the transit of goods listed in Annex II, and of goods listed in Annex III or IIIA where the transporter is aware that they may be used for capital punishment or torture;
  3. ban the provision of brokering services by any broker for goods listed in Annex III or IIIA, where the broker is aware that they may be used for capital punishment or torture;
  4. ban the supply of technical assistance in respect of goods listed in Annex III or IIIA by anyone who is aware that they may be used for capital punishment or torture;
  5. introduce a prior authorisation regime for brokering services and technical assistance for Annex III and Annex IIIA goods;
  6. ban the advertising or promotion of Annex II goods at exhibitions and trade fairs;
  7. provide for an urgency procedure in case rapid amendments to the Annexes are needed when new goods enter the market; and
  8. establish a coordination group, as a platform for Member States and the Commission to exchange information on administrative practices.

The amendments are due to be approved by the EU Parliament in September, and will then be submitted to the Council for adoption. The Council’s press release is here.

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About Michael O'Kane

Michael O'Kane

Michael was called to the Bar in 1992 and prior to joining Peters & Peters was a senior specialist prosecutor at the Crown Prosecution Service Headquarters (CPS). He was a key member of a small specialist unit responsible for the prosecution of serious and high-profile fraud, terrorist,...

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