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regulation). 3 The regulation is a legally binding instrument within the European Union
and is directly applicable in all 27 States members of the European Union. 4 The
Council of Europe, for its part, is in the process of developing a recommendation on
the same subject, which will be based on the European Union anti-torture regulation. 5
6.
Some European Union member States have also adopted national laws,
regulations and decrees to facilitate the implementation of the regulation, including
through broader legislation such as the Foreign Commerce Act (2011) of Austria and
the Strategic Goods Act (2012) of Estonia. 6
7.
The United Kingdom of Great Britain and Northern Ireland stated t hat the
Export Control Order adopted in 2008 contained additional controls over and above
those required under the European Union anti-torture regulation on the export and
brokering of goods that have legitimate uses in law enforcement but that might be
used for torture or other forms of ill-treatment. The United Kingdom noted that, while
it had left the European Union, under the European Union (Withdrawal Agreement)
Act 2020, the European Union anti-torture regulation remained directly applicable in
the United Kingdom until the end of the transition period. The United Kingdom will
retain the regulation in national law after the end of the transition period and the
overall framework of the controls will remain the same. Norway noted that relevant
European Union legislation was incorporated into the Agreement on the European
Economic Area and implemented in national law.
8.
Serbia indicated in its submission that it had adopted a decree on the export and
import of certain goods which could be used for capital punishment, torture and other
cruel, inhuman or degrading treatment or punishment. Other States, while they have
not adopted specific legislation addressing such trade, have addressed some relevant
matters in other legislative acts. Switzerland indicated that certain sectoral laws
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3
4
5
6
20-10185
See the submissions from Austria, Belgium, Croatia, Cyprus, Czechia, Denmark, Estonia,
Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the
Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United
Kingdom of Great Britain and Northern Ireland. Slovakia indicated in its submission that the
European Union anti-torture regulation consolidated various amendments to Council Regul ation
(EC) No. 1236/2005, which was adopted on 27 June 2005.
See the submissions from Austria, Belgium, Croatia, Cyprus, Czechia, Denmark, Estonia,
Finland, France, Germany, Greece, Latvia, Lithuania, Luxembourg, Malta, the Netherlands,
Poland, Romania, Slovakia, Slovenia, Spain and Sweden.
See the submission from Switzerland.
The instruments in question include the Foreign Commerce Act of Austria of 2011 governing the
procedure and specifying, inter alia, the criminal offences necessary for the application of the
regulation; the federal law of Belgium of 8 June 2006 regulating economic and individual
activities involving weapons; the regulation of Croatia concerning trade in certain goods which
could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or
punishment (Official Gazette No. 100/2013) and amendments thereto (Official Gazette
No. 17/2020); Law Coll. 38/2008 of Czechia on Import and Export of Goods Which Could Be
Used for Capital Punishment and Torture; the Strategic Goods Act of Estonia of 1 January 2012;
Decree No. 2011-978 of France of 16 August 2011 on the export and import of certain goods
which could be used for capital punishment, torture or other cruel, inhuman or degrading
treatment or punishment; S.I. No. 455/2019 of Ireland – European Communities (Control of
Trade in Goods that May Be Used for Torture) Regulations 2019; Cabinet Regulation No. 927 of
Latvia on arrangements for issuing export and import authorizations for goods which could be
used for capital punishment, torture or other cruel, inhuman or degrading treatment or
punishment; Act No. 474/2007 Coll. of Slovakia on trade in certain goods which could be used
for capital punishment, torture or other cruel, inhuman or de grading treatment or punishment;
and the decree of Slovenia on the implementation of Regulation (EU) 2019/125 concerning trade
in certain goods which could be used for capital punishment, torture or other cruel, inhuman or
degrading treatment or punishment (Official Gazette No. 38/19). Portugal reported that penalties
were provided for in article 97-A of the General Regime of Tax Infractions, established under
Law 15/2001 of 5 June 2001.
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