30.7.2005
EN
Official Journal of the European Union
(16)
Taking into account the fact that some Member States
have already prohibited exports and imports of such
goods, it is appropriate to grant Member States the
right to prohibit exports and imports of leg-irons,
gang-chains and portable electric shock devices other
than electric shock belts. Member States should also be
empowered to apply export controls on handcuffs having
an overall dimension, including chain, exceeding 240
mm when locked, if they so wish.
(17)
This Regulation shall be construed as not affecting the
existing rules on export of tear gases and riot control
agents (1), of firearms, of chemical weapons and of toxic
chemicals.
(18)
(19)
(20)
(21)
third countries. They comprise restrictions on trade
with third countries in goods that could be used for
the purpose of capital punishment or for the purpose
of torture and other cruel, degrading or inhuman
treatment or punishment. It is not considered necessary
to establish similar controls on transactions within the
Community as, in the Member States, capital punishment
does not exist and Member States will have adopted
appropriate measures to outlaw and prevent torture
and other cruel, inhuman or degrading treatment or
punishment.
(22)
The aforementioned Guidelines state that, in order to
meet the objective of taking effective measures against
torture and other cruel, inhuman or degrading
treatment or punishment, measures should be taken to
prevent the use, production and trade of equipment
which is designed to inflict torture or other cruel,
inhuman or degrading treatment or punishment. It is
up to the Member States to impose and enforce the
necessary restrictions on the use and production of
such equipment.
(23)
In order to take into account new data and technological
developments, the lists of goods covered by this Regulation should be kept under review and provision should
be made for a specific procedure to amend these lists.
(24)
The Commission and the Member States should inform
each other of the measures taken under this Regulation
and of other relevant information at their disposal in
connection with this Regulation.
(25)
The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (2).
(26)
Member States should lay down rules on penalties
applicable to infringements of the provisions of this
Regulation and ensure that they are implemented.
Those penalties should be effective, proportionate and
dissuasive.
(27)
Nothing in this Regulation constrains any powers under
and pursuant to Council Regulation (EEC) No 2913/92
of 12 October 1992 establishing the Community
Customs Code (3) and its implementing provisions,
as laid down in Commission Regulation (EEC)
No 2454/93 (4).
It is appropriate to provide for specific exemptions from
the export controls in order not to impede the functioning of the police forces of the Member States and
the execution of peace keeping or crisis management
operations and, subject to review at a later stage, in
order to allow transit of foreign goods.
The Guidelines to the EU Policy toward third countries
on torture and other cruel, inhuman or degrading
treatment or punishment provide, inter alia, that the
Heads of Mission in third countries will include in their
periodic reports an analysis of the occurrence of torture
and other cruel, inhuman or degrading treatment or
punishment in the State of their accreditation, and the
measures taken to combat it. It is appropriate for the
competent authorities to take these and similar reports
made by relevant international and civil society organisations into account when deciding on requests for
authorisations. Such reports should also describe any
equipment used in third countries for the purpose of
capital punishment or for the purpose of torture and
other cruel, inhuman or degrading treatment or
punishment.
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.
The measures of this Regulation are intended to prevent
both capital punishment and torture and other cruel,
inhuman or degrading treatment or punishment in
(1) See item ML 7(c) of the Common Military List of the European
Union, OJ C 127, 25.5.2005, p. 1.
L 200/3
(2) OJ L 184, 17.7.1999, p. 23.
(3) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by (EC)
No 648/2005 of the European Parliament and of the Council
(OJ L 117, 4.5.2005, p. 13).
(4) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).