31.1.2019
EN
Official Journal of the European Union
L 30/3
(16)
As regards law enforcement equipment, it should be noted that Article 3 of the Code of Conduct for Law
Enforcement Officials (5) provides that law enforcement officials may use force only when strictly necessary and
to the extent required for the performance of their duty. The Basic Principles on the Use of Force and Firearms by
Law Enforcement Officials, adopted by the Eighth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders in 1990, provide that, in carrying out their duty, law enforcement officials should, as far
as possible, apply non-violent means before resorting to the use of force and firearms.
(17)
In view of this, the Basic Principles advocate the development of non-lethal incapacitating weapons for use in
appropriate situations, while admitting that the use of such weapons should be carefully controlled. In this
context, certain equipment traditionally used by the police for self-defence and riot-control purposes has been
modified in such a way that it can be used to apply electric shocks and chemical substances to incapacitate
persons. There are indications that, in several countries, such weapons are abused for the purpose of torture and
other cruel, inhuman or degrading treatment or punishment.
(18)
The Basic Principles stress that law enforcement officials should be equipped with equipment for self-defence.
Therefore, this Regulation should not apply to trade in traditional equipment for self-defence, such as shields.
(19)
This Regulation should apply to trade in some specific chemical substances used to incapacitate persons.
(20)
As regards leg-irons, gang-chains and shackles and cuffs, it should be noted that Article 33 of the United Nations
Standard Minimum Rules for the Treatment of Prisoners (6) provides that instruments of restraint must never be
applied as a punishment. Furthermore, chains and irons are not to be used as restraints. It should also be noted
that the United Nations Standard Minimum Rules for the Treatment of Prisoners provide that other instruments
of restraint must not be used except as a precaution against escape during a transfer, on medical grounds as
directed by a medical officer, or, if other methods of control fail, in order to prevent a prisoner from injuring
himself or others, or from damaging property.
(21)
In order to protect staff and other people against spitting, prisoners are sometimes made to wear a so-called spit
hood. As such a hood covers the mouth and often also the nose, it presents an inherent risk of asphyxiation. If it
is combined with restraints, such as handcuffs, there is also a risk of neck injury. Exports of spit hoods should
therefore be controlled.
(22)
In addition to portable weapons, the scope of the export controls should include fixed or mountable electric
discharge weapons covering a wide area and targeting multiple individuals. Such weapons are often presented as
so-called non-lethal weapons but present, at the very least, the same risk of causing severe pain or suffering as
portable electric discharge weapons.
(23)
As fixed devices for dissemination of irritating chemical substances for use inside a building are being marketed,
and indoor use of such substances presents a risk of causing severe pain or suffering not associated with
traditional use outdoors, exports of such equipment should be controlled.
(24)
Export controls should also be applied to fixed or mountable equipment for the dissemination of incapacitating
or irritating substances which covers a wide area, where such equipment is not yet subject to export controls in
accordance with Council Common Position 2008/944/CFSP (7). Such equipment is often presented as so-called
non-lethal technology but presents at the very least the same risk of causing severe pain or suffering as portable
weapons and devices. Although water is not one of the incapacitating or irritating chemical agents, water
cannons may be used to disseminate such agents in liquid form and their exports should be controlled.
(25)
The export controls concerning oleoresin capsicum (OC) and pelargonic acid vanillylamide (PAVA) should be
supplemented by export controls on certain mixtures containing these substances which can be administered as
such as incapacitating or irritating agents or used for manufacturing of such agents. Where appropriate,
references to incapacitating or irritating chemical agents should be construed as including oleoresin capsicum and
the relevant mixtures containing it.
(5) Resolution 34/169 of 17 December 1979 of the General Assembly of the United Nations.
(6) Approved by Resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977 of the Economic and Social Council of the
United Nations.
(7) Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military
technology and equipment (OJ L 335, 13.12.2008, p. 99).