L 200/2
(6)
(7)
(8)
EN
Official Journal of the European Union
On 3 October 2001, the European Parliament adopted a
Resolution (1) on the Council's second Annual Report
according to Operative Provision 8 of the European
Union Code of Conduct on Arms Exports, urging the
Commission to act swiftly to bring forward an appropriate Community instrument banning the promotion,
trade and export of police and security equipment the
use of which is inherently cruel, inhuman or degrading,
and to ensure that that Community instrument would
suspend the transfer of police and security equipment
the medical effects of which are not fully known, and
of such equipment where its use in practice has revealed
a substantial risk of abuse or unwarranted injury.
It is therefore appropriate to lay down Community 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 Community 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 of Fundamental Rights of the European Union
and international conventions and treaties.
For the purpose of this Regulation, it is considered
appropriate to apply the definitions of torture and
other cruel, inhuman or degrading treatment or
punishment 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. These definitions should be interpreted
taking into account the case law on the interpretation of
the corresponding terms in the European Convention on
Human Rights and in relevant texts adopted by the EU or
its Member States.
(9)
It is considered necessary to prohibit exports and imports
of equipment which has 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.
(10)
It is also 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,
(1) OJ C 87 E, 11.4.2002, p. 136.
30.7.2005
inhuman or degrading treatment or punishment, taking
into account its design and technical features.
(11)
As regards law enforcement equipment, it should be
noted that Article 3 of the Code of Conduct for Law
Enforcement Officials (2) 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.
(12)
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.
(13)
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.
(14)
This Regulation should also apply to trade in some
specific chemical substances used to incapacitate persons.
(15)
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 (3) provides that instruments of restraint shall
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 shall 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.
(2) Resolution 34/169 of 17.12.1979 of the General Assembly of the
United Nations.
(3) Approved by Resolutions 663 C (XXIV) of 31.7.1957 and 2076
(LXII) of 13.5.1977 of the Economic and Social Council of the
United Nations.