EU Anti-Torture Regulation

Since being founded in 1990, the Omega Research Foundation has investigated and documented the international trade in weapons and equipment used for torture or other ill-treatment (‘tools of torture’).

Informed by our primary research, we have worked with civil society organisations, States, and international organisations to promote and assist the development and implementation of national, regional, and international measures to regulate this trade. This includes the EU Anti-Torture Regulation; Omega staff are experts on the Regulation, its development, and its implementation. Should you have any questions about the Anti-Torture Regulation, or if you would like to discuss any information presented here further, please contact us at info@omegaresearchfoundation.org. If you are interested in supporting our work to end the trade in the tools of torture, please click here.

 

Development of the EU’s legally-binding response to the trade in the tools of torture

Article 4 of the Charter of Fundamental Rights of the European Union (2010/C 83/02), on the prohibition of torture, states

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

The EU Anti-Torture Regulation invokes the Charter, along with EU Member States’ obligations under the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as other international law.

Having been adopted in May 2005, in July 2005, the Official Journal of the European Union published European Council Regulation (EC) 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. Entering into force in July 2006, the Regulation, which is applicable in all EU Member States, was the first legally-binding regional control regime on trade in tools of torture.

The Regulation affirms the “unconditional, comprehensive prohibition on torture and other cruel, inhuman or degrading treatment or punishment”, as well as the EU’s anti-death penalty stance.

The Regulation prohibits the trade (the import, export, and transit) into, from, or through the EU from or to non-EU States (“third countries”) of equipment and products that have no practical use other than for the purposes of capital punishment, torture or other cruel, inhuman or degrading treatment” (Annex II) [emphasis added]. The Regulation also prohibits the provision of related technical assistance, brokering deals between third countries, and the promotion of prohibited goods.

The Regulation requires EU Member States to licence the export to third countries, as well as transit, of a range of other kinds of law enforcement equipment that could be misused for torture and ill-treatment (Annex III). Under the Regulation, EU Member States are required to refuse export authorisation where there are “reasonable grounds to believe” that the goods might be used for torture or other ill-treatment. States are expected to share information regarding both the export licences granted, as well as reasons for denial of any applications.

 

Weapons & equipment

The EU Anti-Torture Regulation identifies different categories of equipment addressed under the Regulation.

  • 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
  • Goods that could be used for the purpose of torture or other cruel, inhuman or degrading treatment or punishment. This includes goods which are primarily used for law enforcement purposes, as well as goods which, taking into account their design and technical features, present a material risk of use for torture or other cruel, inhuman or degrading treatment or punishment

Annex IV outlines goods that could be used for capital punishment, which won’t be discussed further on this page.

The other two categories of goods – those that are inherently abusive and those that are misused for torture – are outlined in Annex II and III of the Regulation. 

For more detail on any of the weapons and equipment discussed, click here.

 

Oversight & Implementation – Omega’s role

The Omega Research Foundation, along with colleagues at Amnesty International, have significant expertise in the EU Anti-Torture Regulation. This expertise has been developed and deployed to monitor the Regulation and its implementation since it entered into force, as well as to advocate for the Regulation’s strengthening. Our publications on the EU Regulation are available here and are linked below.

2010

In March 2010, Omega, along with Amnesty International, published a report assessing the implementation of the Regulation, From words to Deeds: Making the EU ban on the trade in ‘tools of torture’ a reality. Despite the strength and importance of the Regulation, the joint Omega-Amnesty report found gaps, loopholes, and issues in implementation, and is available here.

2011

The Regulation underwent a formal review in 2011. In December 2011, as a result of this review, the European Commission published Commission Implementing Regulation (EU) No. 1352/2011. These updates strengthened controls around two kinds of inherently abusive weapons – body-worn electric shock devices and spiked batons – as well as on pharmaceutical chemicals used in capital punishment. For more information on different kinds of weapons and equipment, click here.

2012

Omega and Amnesty International’s June 2012 report on the EU Regulation, No More Delays: Putting an end to the EU trade in ‘tools of torture’, is available here. The report detailed areas for strengthening the Regulation itself, as well as areas for improving the implementation of the Regulation.

2014

Following consultations with Member States and a year-long review of the Regulation, the European Commission introduced Commission Implementing Regulation (EU) No. 775/2014 in July 2014. Among other issues addressed, amendments made to the Regulation expanded the lists of both prohibited and controlled goods covered in Annexes II and III.

2015

In May 2015, Omega and Amnesty International released Grasping the Nettle: Ending Europe’s trade in execution and torture technology. Available here, this report not only outlines some issues and gaps within the existing Regulation, but also develops some policy solutions and suggestions through which these issues can be addressed.

2016

In May 2016, Omega and Amnesty International released a report on the Regulation, Why the EU should ban the commercial marketing and promotion of inhumane policing and prison equipment. This report notes that the Regulation does not, at this stage, contain prohibitions on commercial promotion and marketing of prohibited goods (those listed in Annex II). Having examined promotion at arms and security trade fairs, as well as on the internet, the report then advocates for controls on promotion to be included in the Regulation. Omega collects information on a large number of arms and security trade fairs worldwide; details of the fairs and our joint platform with Campaign Against Arms Trade are available here.

Regulation (EU) 2016/2134 of the European Parliament and of the Council of 23 November 2016 amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture and other cruel, inhuman or degrading treatment or punishment was published in the Official Journal of the European Union in December 2016. Amendments included prohibiting “both the promotion of … [Annex II] goods in trade fairs or exhibitions in the Union, and the sale or purchase of advertising space in print media or on the Internet and of advertising time on television or radio in relation to such goods”.

2019

As noted, the Regulation has been revised and strengthened over time. The most recent updated version, Regulation (EU) 2019/125 of the European Parliament and of the Council 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 was published in the Official Journal of the European Union at the end of January 2019.

2020

A consolidated version of the Regulation was published in May 2020.

Per Article 32 of the Regulation, the European Commission is required to undertake a review of the implementation of the Regulation by 31 July, 2020, and every five years thereafter. In May 2020, the European Commission launched a public consultation as part of the 2016-2020 review of the Regulation. Responses to the public consultation, including that submitted by the Omega Research Foundation, can be found on the EC’s website, here.

The report of the review, which was published at the end of July 2020, addresses submissions made as part of the public consultation. The report is available here. The Omega Research Foundation notes that issues raised in the Omega submission are present in the report of the review. For instance, the report acknowledged Omega’s call for law enforcement equipment not currently addressed in the Regulation, but widely used to commit torture and other ill-treatment (standard handcuffs, for example), to be included in the list of Annex III controlled goods. The report concluded that, “overall, the Regulation is being implemented satisfactorily and continues to be fit for purpose” (emphasis in original). The review did acknowledge, however, the need to explore “non-legislative measures in support of a more effective implementation of certain provisions of the Regulation” and recognised (as Omega had called for in its submission) the “need for greater transparency and accountability” (emphasis in original). If you’d like to discuss our submission, please contact Omega at info@omegaresearchfoundation.org.

In November 2020, Omega published its Review of EU Anti-Torture Regulation and its implementation, a comprehensive assessment of the contents of the Regulation and how the Regulation has been implemented. The report is available here. Among the issues addressed, our report details Member State and Commission reporting practices, and cases of prohibited equipment being promoted at arms and security trade fairs held in EU Member States. The report provides recommendations with regards to the goods listed in Annex II (prohibited) and Annex III (controlled), as well as presenting a discussion of the activities of EU nationals operating outside of the EU region.

2021 & 2022

The most recent consolidated version of the text was published in January 2021.

The EU and EU Member States have been active in the process to develop international torture-free trade controls at the United Nations. To read more about this process, see Omega’s dedicated webpage here.

 

Commission reporting on licences:

(Note: Prior to 2017, Commission reporting was not required under the Regulation.)

  • 31 October 2022. Report from the Commission to the European Parliament and the Council. Report on export authorisations in 2021 pursuant to the Regulation concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.
  • 14 October 2021. Report from the Commission to the European Parliament and the Council: Report on export authorisation in 2020 pursuant to the Regulation concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.
  • 14 December 2020. Report from the Commission to the European Parliament and the Council: Report on export authorisation in 2019 pursuant to the Regulation concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.
  • 1 October 2019. Annexes to the Report from the Commission to the European Parliament and the Council: Report on export authorisation in 2017 and 2018 pursuant to the Regulation concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

 

Member State reporting on licences:

(Note: we continue to update this list. If your country is missing, please get in touch)

Bulgaria

  • Bulgaria maintains a public record of some licence authorisation measures under the Regulation.
  • Access the 2022 report here.

Czechia

  • Czechia has publicly released annual reports of export authorisations on the Czech Government website since 2008.
  • At time of writing, the most recent report was for 2022.
  • Access the reports and more information about Czechia and the Regulation here.

Germany

  • Since 2006, Germany has published public annual reports of its export authorisations for goods covered under the EU Anti-Torture Regulation.
  • At the time of writing, the most recent was for 2022.
  • Access the reports and more information about Germany and the Regulation, here.

Lithuania

  • Lithuania makes available its reporting under the EU Anti-Torture Regulation.
  • At the time of writing, the most recent report was for the year 2022.
  • Access the reports here.

Netherlands

  • Netherlands includes its reporting in larger arms/controlled goods export reports.
  • Reports from 2020 are available, with the most recent covering the year 2022.
  • Access the reports here.