E/CN.4/2005/62 page 10 36. Once adopted, the regulation will mark the first time that such trade controls have been developed on a regional basis, which is a welcome contribution to the prevention of the violation of the absolute right not to be subjected to torture, or other cruel, inhuman, or degrading treatment or punishment. However, it has been observed that the proposed regulation is still limited in a number of respects: (a) Brokers. The proposed regulation will only control the activities of EU-based brokers where equipment covered by the regulations is to be imported from or exported directly to an EU State. Provisions in earlier drafts would have controlled the brokering, mediating and arranging of deals in such equipment through “third countries”. These earlier provisions would have been consistent with the European Council Common Position 2003/468/CFSP of 23 June 2003 on the control of arms brokering; (b) Trade within the EU. The current proposed regulation will cover trade with parties outside the EU, but not within the EU, as member States are assumed to have adopted appropriate measures to outlaw and prevent torture; (c) Production and use of equipment by member States. The proposed regulation leaves it to the discretion of member States to impose and enforce the necessary restrictions on the use and production of such equipment; (d) Transfer of torture techniques. Although the proposed regulation will control the provision of technical assistance related to repairs, development, manufacture, testing, maintenance, or any other technical service, it does not appear to cover the transfer of security and law enforcement training. E. Conclusions and recommendations 37. The Special Rapporteur considers that the obligation to prevent torture in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment necessarily includes the enactment of measures to stop the trade in instruments that can easily be used to inflict torture and ill-treatment. Taken together with international standards which regulate the use of equipment used by law enforcement agencies, there already exists a basis for a global framework for prevention in this area. In his preliminary study the Special Rapporteur noted examples of national measures to prevent such trade;7 however, such measures by themselves cannot adequately control this trade, which is of a global scale. Any effective strategy requires commitment and cooperation by States at the national, regional and international levels. Within the existing framework of international standards to prohibit torture and other cruel, inhuman or degrading treatment or punishment, the Special Rapporteur calls upon States and, where appropriate, competent review and monitoring mechanisms: (a) To designate and prohibit the manufacture, transfer and use of certain forms of equipment “specifically designed for” or which “has no or virtually no, practical use other than for the purpose of ” torture, whose use is inherently cruel, inhuman or degrading;