Commission Delegated Regulation (EU) 2025/928 of 21 May 2025 amending Regulation (EU) 2019/125 of the European Parliament and of the Council concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2019/125 of the European Parliament and of the Council of 16 January 2019 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (1), and in particular the first paragraph of Article 24 thereof,

Whereas:

(1) Pursuant to Regulation (EU) 2019/125 any export, import, transit of goods listed in Annex II shall be prohibited, irrespective of the origin of such goods. Annex II comprises 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.

(2) Pursuant to Regulation (EU) 2019/125 for any export of goods listed in Annex III, an authorisation shall be required, irrespective of the origin of such goods. Annex III comprises the goods that could be used for the purpose of torture or other cruel, inhuman or degrading treatment or punishment, namely goods which are primarily used for law enforcement purposes, and goods which, taking into account their design and technical features, present a material risk of use for torture or other cruel, inhuman or degrading treatment or punishment.

(3) The list of goods set out in Annexes II and III to Regulation (EU) 2019/125 needs to stay updated in order to respond to changes in the international security market where technological and market developments are occurring frequently and to changes in the use, and misuse, of law enforcement equipment. Annexes II and III to Regulation (EU) 2019/125 should therefore be amended. In order to facilitate references for the competent authorities and economic operators, Annexes II and III to that Regulation should be replaced.

(4) Article 24 of Regulation (EU) 2019/125 empowers the Commission to adopt delegated acts in accordance with Article 29, to amend the Annexes to the Regulation.

(5) Regulation (EU) 2019/125 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EU) 2019/125 is replaced by the text in the Annex I to this Regulation.

Annex III to Regulation (EU) 2019/125 is replaced by the text in the Annex II to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 May 2025.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 30, 31.1.2019, p. 1, , ELI: http://data.europa.eu/eli/reg/2019/125/oj.