L 30/2
EN
Official Journal of the European Union
31.1.2019
In accordance with those guidelines, third countries should be urged to prevent the use and production of, and
trade in, equipment which is designed to inflict torture or other cruel, inhuman or degrading treatment or
punishment and prevent the abuse of any other equipment to these ends. Moreover, the prohibition of cruel,
inhuman or degrading punishment should impose clear limits on the use of the death penalty. Therefore, capital
punishment is not to be considered a lawful penalty under any circumstances.
(6)
It is therefore appropriate to lay down Union rules on trade with third countries in goods which could be used
for the purpose of capital punishment, and in goods which could be used for the purpose of torture and other
cruel, inhuman or degrading treatment or punishment. These rules are instrumental in promoting respect for
human life and for fundamental human rights and thus serve the purpose of protecting public morals. Such rules
should ensure that Union economic operators do not derive any benefits from trade which either promotes or
otherwise facilitates the implementation of policies on capital punishment or on torture and other cruel,
inhuman or degrading treatment or punishment, which are not compatible with the relevant EU Guidelines, the
Charter and international conventions and treaties.
(7)
For the purpose of this Regulation, it is considered appropriate to apply the definition of torture laid down in
the 1984 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and in Resolution 3452 (XXX) of the General Assembly of the United Nations. That definition
should be interpreted taking into account the case-law on the interpretation of the corresponding term in the
European Convention on Human Rights and in relevant texts adopted by the Union or its Member States. The
definition of ‘other cruel, inhuman or degrading treatment or punishment’, which is not found in that
Convention, should be in line with the case law of the European Court of Human Rights. The meaning of the
term ‘lawful penalties’ in the definitions of ‘torture’ and ‘other cruel, inhuman or degrading treatment or
punishment’, should take into account the Union's policy on capital punishment.
(8)
It is considered necessary to prohibit exports and imports of goods which have no practical use other than for
the purpose of capital punishment or for the purpose of torture and other cruel, inhuman or degrading
treatment or punishment and to prohibit the supply of technical assistance in respect of such goods.
(9)
Where such goods are located in third countries, it is necessary to prohibit brokers in the Union from providing
brokering services in relation to such goods.
(10)
In order to contribute to the abolition of the death penalty in third countries and to the prevention of torture
and other cruel, inhuman or degrading treatment or punishment, it is considered necessary to prohibit the supply
to third countries of technical assistance related to goods which have no practical use other than for the purpose
of capital punishment or for the purpose of torture and other cruel, inhuman or degrading treatment or
punishment.
(11)
It is also appropriate to prohibit brokers and suppliers of technical assistance from providing training on the use
of such goods to third countries as well as to prohibit both the promotion of such goods in trade fairs or
exhibitions in the Union, and the sale or purchase of advertising space in print media or on the Internet and of
advertising time on television or radio in relation to such goods.
(12)
In order to prevent economic operators from deriving benefits from transporting goods which are intended to be
used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, and which
pass through the customs territory of the Union on their way to a third country, it is necessary to prohibit
transport within the Union of such goods, if they are listed in Annex II to this Regulation.
(13)
It should be possible for Member States to apply measures restricting the supply of certain services in relation to
goods which have no practical use other than for the purpose of capital punishment or for the purpose of
torture and other cruel, inhuman or degrading treatment or punishment, in compliance with the applicable
Union rules.
(14)
This Regulation lays down an export authorisation system designed to prevent certain goods from being used for
capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.
(15)
It is therefore necessary to impose controls on exports of certain goods which could be used not only for the
purpose of torture and other cruel, inhuman or degrading treatment or punishment, but also for legitimate
purposes. These controls should apply to goods that are primarily used for law enforcement purposes and unless
such controls prove disproportionate, to any other equipment or product that could be abused for the purpose
of torture and other cruel, inhuman or degrading treatment or punishment, taking into account its design and
technical features.