31.1.2019
EN
Official Journal of the European Union
L 30/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) 2019/125 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 January 2019
concerning trade in certain goods which could be used for capital punishment, torture or other
cruel, inhuman or degrading treatment or punishment
(codification)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1)
Council Regulation (EC) No 1236/2005 (2) has been substantially amended several times (3). In the interests of
clarity and rationality, that Regulation should be codified.
(2)
Pursuant to Article 2 of the Treaty on European Union, respect for human rights constitutes one of the values
common to the Member States. The European Community resolved in 1995 to make respect for human rights
and fundamental freedoms an essential element of its relations with third countries. It was decided to insert
a clause to that end in any new trade, cooperation and association agreement of a general nature concluded with
third countries.
(3)
Article 5 of the Universal Declaration of Human Rights, Article 7 of the International Covenant on Civil and
Political Rights and Article 3 of the European Convention for the Protection of Human Rights and Fundamental
Freedoms all lay down an unconditional, comprehensive prohibition on torture and other cruel, inhuman or
degrading treatment or punishment. Other provisions, in particular the United Nations Declaration on the
Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (4) and the 1984 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, place an obligation on States to prevent torture.
(4)
Article 2(2) of the Charter of Fundamental Rights of the European Union (Charter) states that no one shall be
condemned to the death penalty or executed. On 22 April 2013, the Council approved ‘EU Guidelines on death
penalty’ and resolved that the Union would work towards the universal abolition of the death penalty.
(5)
Article 4 of the Charter states that no one shall be subjected to torture or to inhuman or degrading treatment or
punishment. On 20 March 2012, the Council approved ‘Guidelines to EU policy towards third countries
on torture and other cruel, inhuman or degrading treatment or punishment (An up-date of the Guidelines)’.
(1) Position of the European Parliament of 29 November 2018 (not yet published in the Official Journal) and Decision of the Council of
17 December 2018.
(2) 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 (OJ L 200, 30.7.2005, p. 1).
(3) See Annex X.
(4) Resolution 3452 (XXX) of 9 December 1975 of the General Assembly of the United Nations.