L 30/6
EN
Official Journal of the European Union
31.1.2019
(45)
To the extent that it concerns personal data, processing and the exchange of information should comply with the
applicable rules on processing and the exchange of personal data in accordance with Regulation (EU) 2016/679
of the European Parliament and of the Council (10) and Regulation (EU) 2018/1725 of the European Parliament
and of the Council (11).
(46)
In order to adopt the provisions necessary for the application of this Regulation, the power to adopt acts in
accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the
Commission in respect of amendments to Annexes I to IX to this Regulation. It is of particular importance that
the Commission carry out appropriate consultations during its preparatory work, including at expert level, and
that those consultations be conducted in accordance with the principles laid down in the Interinstitutional
Agreement of 13 April 2016 on Better Law-Making (12). In particular, to ensure equal participation in the
preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as
Member States' experts, and their experts systematically have access to meetings of Commission expert groups
dealing with the preparation of delegated acts.
(47)
In order to allow the Union to respond quickly when new goods which could be used for capital punishment,
torture or other cruel, inhuman or degrading treatment or punishment, are developed, and where there is a clear
and immediate risk that those goods will be used for purposes that entail such human rights abuses, it is
appropriate to provide for the immediate application of the relevant Commission act, where, in the case of
amendment of Annex II or III to this Regulation, there are imperative grounds of urgency for such amendment.
In order to allow the Union to respond quickly when one or more third countries either approve certain goods
for use for capital punishment, or accept or violate an international commitment to abolish capital punishment
for all crimes, it is appropriate to provide for the immediate application of the relevant Commission act, where,
in the case of amendment of Annex IV or V to this Regulation, imperative grounds of urgency so require. Where
the urgency procedure is followed, it is of particular importance that the Commission carry out appropriate con
sultations during its preparatory work, including at expert level.
(48)
A coordination group should be established. The group should serve as a platform for Member States' experts
and the Commission to exchange information on administrative practices and to discuss questions of interpreta
tion of this Regulation, technical issues with respect to the goods listed, developments related to this Regulation
and any other questions that may arise. The group should, in particular, be able to discuss issues related to the
nature and the intended effect of goods, the availability of goods in third countries and the question whether
goods are specifically designed or modified for capital punishment or for torture or other cruel, inhuman or
degrading treatment or punishment. If the Commission decides to consult the group when preparing delegated
acts, it should do so in accordance with the principles laid down in the Inter-institutional Agreement
of 13 April 2016 on Better Law-Making.
(49)
The Commission does not procure equipment for law enforcement purposes since it is not responsible for
maintenance of law and order, proceedings in criminal matters or the enforcement of judicial decisions in
criminal matters. Therefore, a procedure should be established to ensure that the Commission receives
information on non-listed law enforcement equipment and products marketed in the Union in order to ensure
that the lists of goods whose trade is prohibited or controlled are updated to take account of new
developments. When addressing its request to the Commission, the requesting Member State should forward its
request to add goods to Annex II, to Annex III or to Annex IV to this Regulation to other Member States.
(50)
The measures of this Regulation are intended to prevent both capital punishment and torture and other cruel,
inhuman or degrading treatment or punishment in third countries. They comprise restrictions on trade with third
countries in goods that could be used for the purpose of capital punishment or for the purpose of torture and
other cruel, degrading or inhuman treatment or punishment. It is not considered necessary to establish similar
controls on transactions within the Union as, in the Member States, capital punishment does not exist and
Member States will have adopted appropriate measures to outlaw and prevent torture and other cruel, inhuman
or degrading treatment or punishment.
(51)
The Guidelines to EU Policy towards third countries on torture and other cruel, inhuman or degrading treatment
or punishment state that, in order to meet the objective of taking effective measures against torture and other
cruel, inhuman or degrading treatment or punishment, measures should be taken to prevent the use, production
(10) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with
regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data
Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(11) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons
with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such
data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(12) OJ L 123, 12.5.2016, p. 1.