56 Grasping the nettle: Ending Europe’s Trade in Execution and Torture Technology Following the introduction of the new control mechanism incorporating Union General Export Authorizations – as proposed by the Commission, Amnesty International and Omega recommend that the Commission consider amending the list of goods that could be used for the purpose of capital punishment (as listed in Annex IIIa) to include: hydromorphone, midazolam, pancuronium bromide, rocuronium bromide and vecuronium bromide. Given the rapidly evolving situation in the U.S. with a number of States actively exploring new lethal injection protocols, the range of toxic chemicals covered by this Regulation procedure should be regularly reviewed by the Commission and changes made to Annex IIIa as and when required. Amnesty International and Omega recommend that individual EU Member States should be granted the authority to immediately suspend a specific transfer of a pharmaceutical chemical to a particular end user in a case where the Member State has evidence that the chemicals will be employed for inflicting the death penalty. Amnesty International and Omega recommend that those countries presently on Annex IIIb and potentially covered by a Union General Export Authorization, despite retaining the death penalty in their legislation - namely Benin, Liberia, Madagascar and Mongolia – be excluded from this Annex. Halting inappropriate exports, in urgent situations, of goods not listed in the Regulation Annexes Amnesty International and Omega recommend that the EU introduce the following complementary mechanisms allowing relevant bodies to halt inappropriate exports of goods not currently listed in the Regulation Annexes: n Urgency procedures allowing the Commission to quickly amend the Regulation Annexes and thereby control or prohibit the transfer of certain goods, as detailed in the Commission Proposal of January 2014. n A targeted end-use control mechanism which would require Member States to: n suspend or halt a specific transfer of relevant items that are covered under the scope of the Regulation but which are not currently listed in the Regulation Annexes, that clearly have no practical use other than for the purposes of capital punishment, torture and other ill-treatment or where there is evidence that the specific transfer of items would be used to carry out the death penalty, torture and other ill-treatment; n report such transfer suspensions to the Commission and for the Commission (in consultation with Member States) to determine whether such goods should be added to the relevant Regulation Annex and their trade controlled or prohibited. Regular review of the Regulation and its implementation by Member States Amnesty International and Omega recommend that a mechanism be established for a formal biannual review of the Regulation by the Commission in consultation with relevant structures of the Commission, Council and European Parliament. This review should specifically include analysis of: n Annex II, Annex III and Annex IIIa to establish whether existing goods should be transferred to another Annex, or whether further goods designed or marketed for law enforcement should be added as appropriate; n Implementation of the Regulation by Member States including national licensing decisions, reporting to the Commission, notification and consultation mechanisms amongst Member States, promulgation and enforcement. Amnesty International May 2015 Index: EUR 01/1632/2015