REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the review of Regulation (EU) 2019/125 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
1. This Explanatory Memorandum (EM) concerns a review 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 (“the EU Torture Regulation”).
2. The EU Torture Regulation reflects the EU’s commitment to eradicate torture and prevent trade in goods used for capital punishment. The regulation first came into force as Council Regulation (EC) No 1236/2005 and has been subsequently amended and codified. It is currently in legal effect across the EU as Regulation (EU) 2019/125 which came into force in February 2019 having been adopted on 16th January 2019.
3. The EU Torture Regulation introduced unprecedented, binding trade restrictions on a range of goods absent from military, dual-use or other strategic export controls. The Regulation has been widely praised by the international human rights community.
4. The Regulation was amended twice in 2011 and 2014 to update and expand the Annexes to the Regulation listing prohibited and regulated goods. In 2016, the Regulation and its procedural provisions was amended substantially.
5. In line with the requirements of Article 32 of the Regulation, this report provides information about the Regulation’s implementation and impact between 2017 and 2019 following the 2016 amendments.
6. The report addresses: amendments to the Regulation through delegated acts; national implementing measures; information requirements as well as an assessment of the activities of the Anti-Torture Coordination Group and of EU nationals abroad. It provides an overview of key data under the Regulation and assesses the Regulation’s implementation in relation to the basic principles of relevance, effectiveness, efficiency, coherence and EU added value.