Less lethal but not less controlled:
Taking stock of Regulation 2025/928
Introduction
On 20 August 2025, Commission Delegated Regulation (EU) 2025/928 will enter into force, and with it, additional export controls on a range of less-lethal weapons and equipment. These amendments expand the scope of EU Regulation (EU) 2019/125, which governs trade in certain goods that could be used for capital punishment, torture, or other cruel, inhuman or degrading treatment or punishment.
What are Less Lethal Weapons ?
The United Nations High Commissioner for Human Rights (OHCHR) defines them in its 2020 Guidance on Less-Lethal Weapons in Law Enforcement as:
« weapons designed or intended for use on individuals or groups of individuals and which, in the course of expected or reasonably foreseen use, have a lower risk of causing death or serious injury than firearms. Less-lethal ammunition may be fired from conventional firearms »
Examples include, but are not limited to, batons, chemical irritants (e.g. tear gas), conducted electrical weapons (e.g. tasers), and kinetic impact projectiles (e.g. rubber bullets).
Why are Less Lethal weapons controlled ?
Less-lethal weapons play a key role in law enforcement allowing for some degree of force where the use of firearms would be unlawful, or as a less dangerous alternative to firearms, in order to reduce the risk of injury to the public, including criminal suspects.
However, they are not risk-free. When misused, improperly maintained, or deployed without adequate training, less-lethal weapons and related equipment can cause serious injury or death. They have also been involved in extrajudicial killings and other serious violations of international law, including acts of torture or cruel, inhuman or degrading treatment.
How is their trade regulated ?
The export control regime for less-lethal weapons is complex because there is no single, dedicated legal framework. Instead, they may fall under various export control regimes depending on their characteristics:
- If they fall within the definition of “firearms” (any portable barrelled weapon that expels, is designed to expel or may be converted to expel a shot, bullet or projectile by the action of a combustible propellant), then they will be subject to EU Directive 2021/555 and EU Regulation 2025/41 on firearms ;
- They may fall under EU Regulation 2019/125 (certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment) if listed in Annexes II, III or IV ;
- If they are specially designed for military use, they could fall under EU Directive 2009/43 on defense-related items ;
- If they fall within the scope of “riot control agents”, they could be subject to EU Regulation 2021/821 on dual-use items.
What changes with Commission Delegated Regulation (EU) 2025/928 ?
Annex II (list of goods for which any export is prohibited) and Annex III (list of goods for which any export requires a prior authorisation) of EU Regulation 2019/125 have both been updated.
Amongst the items added under Annex II, we find weighted batons as well as equipment and explosive projectiles for dispensing injurious quantities of riot control agent from aerial platforms.
Amongst the items added under Annex III, we find :
- single shot kinetic impact projectile launchers & associated projectiles,
- launchers and dissemination devices,
- ammunition containing multiple kinetic impact projectiles,
- large calibre projectiles containing riot control agents,
- malodorant chemical mixtures.
Another key change is the reclassification of fixed equipment for the dissemination of incapacitating or irritating chemical substances activated using a remote control system - which has shifted from Annex III (subject to authorisation) to Annex II (prohibited export).
Conclusion
Despite their name, less-lethal weapons face export controls that are just as rigorous as those for lethal arms. The recent expansion of EU Regulation 2019/125 highlights the importance for exporters, manufacturers, and intermediaries to conduct meticulous classification and compliance checks. Every transaction should be reviewed against all potentially applicable regulatory frameworks, including the updated control lists under EU Regulation 2019/125, to avoid inadvertent breaches and maintain lawful trading practices.
Credit : Charlotte Villatte, Co-founder & Manager at DefenseWise SRL - Publication : WorldECR Journal of Export Control and Sanctions (DOW JONES) - Issue 142
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