Control on goods for torture

Regulation 2019/125 follows up on a number of UN conventions, declarations and resolutions within the field of human rights supported by the EU Member States. These conventions etc. stress the need for laying down rules on trade with third countries in order to prohibit exports and imports of equipment which has no practical use other than for the purpose of torture etc. and to impose controls on exports of certain goods which could be used not only for the purpose of torture etc. but also for legitimate purposes.

What is regulated?

• Prohibition against exporting or importing certain 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 and listed in Annex I to the Regulation, irrespective of the origin of such equipment.
• Prohibition against the supply of technical assistance related to goods listed in Annex I to the Regulation, whether for consideration or not, to any person, entity or body in third countries.
• Authorisation is required for any export of goods, incl. certain medical products, that could be used for the purpose of torture and other cruel, inhuman or degrading treatment or punishment but which also have another application and are listed in Annex II to the Regulation, irrespective of the origin of such goods.

Exemption

As an exemption an authorisation for export of goods listed in Annex I may be granted if it is demonstrated that the goods will be used for the exclusive purpose of public display in a museum.

Definitions on the concepts can be found in Article 2 of the Regulation.

Please note that the prohibition against export or import of goods in Annex I does not cover medical-technical goods.

Administration and fee

The Regulation is managed jointly by the Danish Business Authority under the Ministry of Industry, Business and Financial Affairs and the Ministry of Justice:

The Danish Business Authority is responsible for the control of goods included in Annex I and Annex II, No 1 and 4, of the Regulation.

The Ministry of Justice is responsible for the control of goods included in Annex II, No 2 and 3.

Applications for the export of goods controlled shall be made on a special application/authorisation form. The form is available through the competent authority. Please note that the Danish Business Authority charges a fee for the processing of cases corresponding to DKK 7,500 (EUR 1,000) per application for authorisation.