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Implementation of EC "Torture" Regulation in July 2006

UK implementation of the EC Council Regulation concerning trade in certain equipment and products which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

The Department of Trade and Industry can now give further details about implementation.  Exporters can also consult the earlier documents on the subject:

• EC Regulation adopted July 2005 (Notice 12/05)
• Details of the Commission proposal (Notice 14/05)
• Informal Consultation announcement

Click on the documents in the right hand column.

The following secondary legislation has now been laid and will come into force on 30 July 2006 to coincide with the introduction of Council Regulation (EC) 1236/2005 ("the Regulation"): 

• The Export Control (Security and Paramilitary Goods) Order 2006, (S.I.2006/1696)("the 2006 Order"); and
• Technical Assistance Control Regulations 2006, (S.I.2006/1719)("the 2006 Regulations").

These SIs are now available; click on the relevant link in the right hand column.

Overall changes

The 2006 Order makes a number of changes to the: 

• Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 ("the main Order");
• Trade in Goods (Control) Order 2003 ("the Trade Order"); and
• Trade in Controlled Goods (Embargoed Destinations) Order 2004 ("the 2004 Order")  including,

Changes to the main Order

• transhipment controls under Article 11 (11)(b),
• removing 2 chemicals from the scope of ML7.d.;
• re-writing entries in PL5001.c. to g to remove any overlap with controls directly applied by the Regulation; and
• introduces a new Schedule 1A.

Changes to the Trade Orders

• re-defines the definitions of "Controlled Goods" and "Restricted Goods" as they apply in the Trade Order and the 2004 Order; and
• replaces the Schedule in the Trade Order with those set out in Schedule 2 to the 2006 Order
• new trade controls added

Main effects of the changes
The main effect of the above changes are that:

• National exclusions from the relaxation on transhipment controls which are defined under Article 11 (11) (b) of the main Order are revised to reflect the new mix of national and Community controls;
• A number of goods previously controlled at a national level under ML7, PL5001, and PL9001 have been deleted or reduced in scope to avoid any overlap with those applied directly by the Regulation for export from the Community;
• A new Schedule 1A introduced to apply national controls to exports to EU destinations and transhipment for goods whose export from the Community is controlled directly by the Regulation;
• National trade controls are extended to all goods listed in Annexes II and III to the Regulation; and
• Definitions of "Controlled Goods" and "Restricted Goods" in the Trade Order and 2004 Order are revised to reflect the additional trade controls.

Imports
The 2006 Regulations are required to provide licensing, enforcement and penalty provisions in respect of import of technical assistance related to goods listed in Annex II to the Regulation.

For enquiries on the import prohibition on goods in Annex II of the Regulation contact:

Department of Trade and Industry 
Import Licensing Branch (ILB)
Queensway House
West Precinct
Billingham
TS23 2NF
Tel: 01642 364333
Fax: 01642 364269

ILB have issued a Notice on this Regulation; click on the link in the right hand column. The Notice can be found under the heading "International Obligations".   

Apply for licences in the same way as now
Applications for the export of goods controlled under the Regulation should continue to be made on the standard application form although the final licence, if granted, will be issued in a format consistent with that set out in Annex V to the Regulation.

Ministerial Statement; Responses to Consultation
A Ministerial Statement on implementation of the Regulation was made on 29 June and, together with the response to the consultation document, has been  placed in the libraries of the House. Click on the Minister's statement the right hand column under "External Links" .  Click on the consultation document under "Related Links".

Q&As
Q&As describing the scope of goods covered; licences; trade controls; and other licensing situations are now available. Click on the link in the right hand column. 

Copies of the Regulation
Exporters can obtain a copy of Council Regulation (EC) No.1236/2005 (O.J. L200, 30.7.2005.p1) from the Official Journal of the European Union. Click on the relevant link in the right hand column.

Regulatory Impact Assessment
This is now available. Click on the link in the right hand column. 

Changes to OGELs, OGTL and OGTCL: Notice to Exporters 12/06
Click on the link in the right hand column.

For further information on strategic export controls please contact:

Department of Trade and Industry
Kingsgate House
66-74 Victoria Street
London
SW1E 6SW

Fax: 020 7215 0531
e-mail: eco.help@dti.gsi.gov.uk

This notice is for information purposes only and has no force in law. Please note that where legal advice is required exporters should make their own arrangements.

Export Control Organisation
Department of Trade and Industry

XNP11/06
July 2006