Activities of Godelieve QUISTHOUDT-ROWOHL related to 2016/0295(COD)
Plenary speeches (1)
Control of exports, transfer, brokering, technical assistance and transit of dual-use items (debate) DE
Amendments (46)
Amendment 61 #
Proposal for a regulation
Recital 5
Recital 5
(5) Considering the emergence ofertain cyber-surveillance items can be considered as new categories of dual-use items, and in response to calls from the European Parliament and indications that certain cyber-surveillance itechnologiems exported from the Union have been misused by persons complicit in or responsible for directing or committing serious violations of human rights or international humanitarian law in situations of armed conflict or internal repression, it is appropriate to control the export of those technologies in order to protect public security as well as public moralitems. These measures should not go beyond what is proportionate and should be based on clearly defined criteria. They should, in particular, not prevent the export of information and communication technology used for legitimate purposes, including law enforcement and internet security research. The Commission, in close consultations with the Member States and stakeholders, will develop guidelines to support the practical applications of those controls.
Amendment 67 #
Proposal for a regulation
Recital 6
Recital 6
(6) As a result, it is also appropriate to revise the definition of dual-use items, and to introduce a definition of cyber- surveillance itechnologyms. It should also be clarified that assessment criteria for the control of exports of dual-uscyber-surveillance items include considerations regarding their possibleintended misuse in connection with acts of terrorism or human rights violations.
Amendment 74 #
Proposal for a regulation
Recital 9
Recital 9
(9) The scope of "catch-all controls", that apply to non-listed dual use items in specific circumstances, should be clarified and harmonised, and should address the risk of terrorism and human rights violations. Appropriate exchange of information and consultations on "catch all controls" should ensure the effective and consistent application of controls throughout the Union. Targeted catch-all controls should also apply, under certain conditions, to the export of cyber- surveillance technology.
Amendment 85 #
Proposal for a regulation
Recital 17
Recital 17
(17) Decisions to update the common list of dual-use items subject to export controls in Section A of Annex I should be in conformity with the obligations and commitments that Member States and the Union have accepted as members of the relevant international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties. Decisions to update the common list of dual-use items subject to export controls in Section B of Annex I, such as cyber-surveillance technology, should be made in consideration of the risks that the export of such items may pose as regards the commission of serious violations of human rights or international humanitarian law or the essential security interests of the Union and its Member States. Decisions to update the common list of dual-use items subject to export controls in Section B of Annex IV should be made in consideration of the public policy and public security interests of the Member States under Article 36 of the Treaty on the Functioning of the European Union. Decisions to update the common lists of items and destinations set out in Sections A to J of Annex II should be made in consideration of the assessment criteria set out in this Regulation.
Amendment 106 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
1. ‘dual-use items’ shall mean items, including software and technology, which can be used for both civil and military purposes, and shall include: items which can be used for the design, development, production or use of nuclear, chemical and biological weapons and their means of delivery, including all goods which can be used for both non-explosive uses and assisting in any way in the manufacture of nuclear weapons or other nuclear explosive devices;
Amendment 107 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Amendment 108 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Amendment 114 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Amendment 124 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘broker’ shall mean any natural or legal person or partnership resident or established in a Member State of the Union , or a legal person or partnership owned or controlled by such person, or another person that carries out brokering services from the Union into the territory of a third country;
Amendment 126 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘supplier of technical assistance’ means any natural or legal person or partnership resident or established in a Member State of the Union, or a legal person or partnership owned or controlled by such person, or another person which supplies technical assistance from the Union into the territory of a third country;
Amendment 139 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Amendment 156 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
Amendment 158 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. An authorisation shall be required for the export of the dual-use items listed in Section A of Annex I.
Amendment 159 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. An authorisation shall be required for the export of the cyber-surveillance items listed in Section B of Annex I.
Amendment 167 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 177 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 186 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. If an exporter, under his obligation to exercise due diligence, is awar has sufficient and substantiated evidence that dual-use items which he proposes to export, not listed in Annex I, are intended, in their entirety or in part, for any of the uses referred to in paragraph 1, he must notify the competent authority of the Member State in which he is established, which will decide whether or not it is expedient to make the export concerned subject to authorisation.
Amendment 190 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Authorisations for the export of non-listed items shall be granted for specific items and end-users. The authorisations shall be granted by the competent authority of the Member State where the exporter is resident or established or, in case when the exporter is a person resident or established outside the Union, by the competent authority of the Member State where the items are located. The authorisations shall be valid throughout the Union. The authorisations shall be valid for onetwo years, and may be renewed by the competent authority.
Amendment 197 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
If no objections are received, the Member States consulted shall be considered to have no objection and shall impose authorisations requirements for all "essentially similar transactions" meaning an item with essentially identical parameters or technical characteristics to the same end use or consignee. They shall inform their customs administration and other relevant national authorities about the authorisations requirements. The Commission shall publish in the Official Journal a short description of the case, the reasoning of the decision and indicate, if applicable, the new authorisation requirement in a new Section E of Annex II.
Amendment 206 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. If a broker is awarhas sufficient and substantiated evidence that the dual- use items listed in Annex I for which he proposes brokering services are intended, in their entirety or in part, for any of the uses referred to in Article 4(1), he must notify the competent authority of the Member State in which he is established which will decide whether or not it is expedient to make such brokering services subject to authorisation.
Amendment 218 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
If a supplier of technical assistance is aware that the dual-use items for which he proposes to supply technical assistance outside the territory of the Union are intended, in their entirety or in part, for any of the uses referred to in Article 4, he must notify the competent authority in the Member State in which he is established which will decide whether or not it is expedient to make such technical assistance subject to authorisation.
Amendment 241 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Individual export authorisations and global export authorisations shall be valid for onetwo years, and may be renewed by the competent authority. Global export authorisations for large projects shall be valid for a duration to be determined by the competent authority.
Amendment 245 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Authorisations may be subject, if appropriate and possible, to an end-use statement.
Amendment 262 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 301 #
Proposal for a regulation
Article 16 – paragraph 2 – point b
Article 16 – paragraph 2 – point b
(b) The list of dual-uscyber-surveillance items set out in Section B of Annex I may be amended if this is necessary due to risks that the export of such items may pose as regards the commission of serious and systematic violations of human rights or international humanitarian law or the essential security interests of the Union and its Member States, in particular violations of the freedom of expression, the freedom of assembly and the right to privacy in countries where internal repression and the absence of functioning rule of law mechanisms is assessed and reported on by the Commission. When listing an item, it should be taken into account the ability to make a clear and objective specification of the item, the foreign availability of the item outside of the Union, the ability to control effectively the export of the item as well as the controls by the international export control regimes. Equally, the Commission may decide to delist products already listed, in particular if in the course of the fast changing technological environment, the products meanwhile became a lower tie or mass products, easily available or technically easy modifiable.
Amendment 366 #
Proposal for a regulation
Annex I – Section B
Annex I – Section B
Amendment 374 #
Proposal for a regulation
Annex II – Section A – part 3 – paragraph 3
Annex II – Section A – part 3 – paragraph 3
3. Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authority ies to the exporter within tenout delay and in any case within 10 working days of receipt.
Amendment 375 #
Proposal for a regulation
Annex II – Section A – part 3 – paragraph 4
Annex II – Section A – part 3 – paragraph 4
4. The registered exporter shall notify the first use of this authorisation to the competent authority of the Member State where he is resident or established, no later than 130 days beforeafter the date ofwhen the first export took place.
Amendment 381 #
Proposal for a regulation
Annex II – Section B – part 3 – paragraph 3
Annex II – Section B – part 3 – paragraph 3
3. Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 382 #
Proposal for a regulation
Annex II – Section B – part 3 – paragraph 4
Annex II – Section B – part 3 – paragraph 4
4. The registered exporter shall notify the first use of this authorisation to the competent authority of the Member State where he is resident or established, no later than 10 days before the date of the first exportestablished, no later than 30 days after the date when the first export took place or, alternatively, and in accordance with a requirement by the competent authority of the Member State where the exporter is established, prior to the first use of this authorisation. Member States shall notify the Commission of the notification mechanism chosen for this authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.
Amendment 387 #
Proposal for a regulation
Annex II – Section C – part 3 – paragraph 4
Annex II – Section C – part 3 – paragraph 4
4. Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 388 #
Proposal for a regulation
Annex II – Section C – part 3 – paragraph 5
Annex II – Section C – part 3 – paragraph 5
5. The registered exporter shall notify the first use of this authorisation to the competent authority of the Member State where he is resident or established, no later than 130 days before the date of the first exportafter the date when the first export took place or, alternatively, and in accordance with a requirement by the competent authority of the Member State where the exporter is established, prior to the first use of this authorisation. Member States shall notify the Commission of the notification mechanism chosen for this authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.
Amendment 392 #
Proposal for a regulation
Annex II – Section D – part 3 – paragraph 5
Annex II – Section D – part 3 – paragraph 5
5. Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 393 #
Proposal for a regulation
Annex II – Section D – part 3 – paragraph 6
Annex II – Section D – part 3 – paragraph 6
6. The registered exporter shall notify the first use of this authorisation to the competent authority of the Member State where he is resident or established, no later than 130 days before the date of the first exportafter the date when the first export took place or, alternatively, and in accordance with a requirement by the competent authority of the Member State where the exporter is established, prior to the first use of this authorisation. Member States shall notify the Commission of the notification mechanism chosen for this authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.
Amendment 396 #
Proposal for a regulation
Annex II – Section E – part 3 – paragraph 3
Annex II – Section E – part 3 – paragraph 3
3. Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 397 #
Proposal for a regulation
Annex II – Section E – part 3 – paragraph 4
Annex II – Section E – part 3 – paragraph 4
4. The registered exporter who uses this authorisation shall notify the first use of this authorisation to the competent authority of the Member State where he is resident or established, no later than 130 days before the date of the first exportafter the date when the first export took place or, alternatively, and in accordance with a requirement by the competent authority of the Member State where the exporter is established, prior to the first use of this authorisation. Member States shall notify the Commission of the notification mechanism chosen for this authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.
Amendment 400 #
Proposal for a regulation
Annex II – Section F – paragraph 3
Annex II – Section F – paragraph 3
3. Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 401 #
Proposal for a regulation
Annex II – Section F – part 3 – paragraph 4
Annex II – Section F – part 3 – paragraph 4
4. The registered exporter shall notify the first use of this authorisation to the competent authority of the Member State where he is resident or established, no later than 130 days before the date of the first exportafter the date when the first export took place or, alternatively, and in accordance with a requirement by the competent authority of the Member State where the exporter is established, prior to the first use of this authorisation. Member States shall notify the Commission of the notification mechanism chosen for this authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.
Amendment 404 #
Proposal for a regulation
Annex II – Section G – part 3 – paragraph 6
Annex II – Section G – part 3 – paragraph 6
6. Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 405 #
Proposal for a regulation
Annex II – Section G – part 3 – paragraph 7
Annex II – Section G – part 3 – paragraph 7
7. The registered exporter shall notify the competent authority of the Member State where he is resident or established of the first use of this authorisation no later than 130 days before the date of the first exportafter the date when the first export took place or, alternatively, and in accordance with a requirement by the competent authority of the Member State where the exporter is established, prior to the first use of this authorisation. Member States shall notify the Commission of the notification mechanism chosen for this authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.
Amendment 415 #
Proposal for a regulation
Annex II – Section H – part 3 – paragraph 5 – subparagraph 1
Annex II – Section H – part 3 – paragraph 5 – subparagraph 1
Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 416 #
Proposal for a regulation
Annex II – Section H – part 3 – paragraph 5 – subparagraph 2
Annex II – Section H – part 3 – paragraph 5 – subparagraph 2
The registered exporter shall notify the first use of this authorisation to the competent authority of the Member State where he is resident or established, no later than 130 days before the date of the first exportafter the date when the first export took place or, alternatively, and in accordance with a requirement by the competent authority of the Member State where the exporter is established, prior to the first use of this authorisation. Member States shall notify the Commission of the notification mechanism chosen for this authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.
Amendment 419 #
Proposal for a regulation
Annex II – Section I – part 3 – paragraph 3 – subparagraph 1
Annex II – Section I – part 3 – paragraph 3 – subparagraph 1
Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. . Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 420 #
Proposal for a regulation
Annex II – Section I – part 3 – paragraph 3 – subparagraph 2
Annex II – Section I – part 3 – paragraph 3 – subparagraph 2
The registered exporter shall notify the first use of this authorisation to the competent authority of the Member State where he is resident or established, no later than 130 days before the date of the first exportafter the date when the first export took place or, alternatively, and in accordance with a requirement by the competent authority of the Member State where the exporter is established, prior to the first use of this authorisation. Member States shall notify the Commission of the notification mechanism chosen for this authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.
Amendment 422 #
Proposal for a regulation
Annex II – Section J – part 3 – paragraph 3
Annex II – Section J – part 3 – paragraph 3
3. Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 423 #
Proposal for a regulation
Annex II – Section J – part 3 – paragraph 4
Annex II – Section J – part 3 – paragraph 4
4. The registered exporter shall notify the first use of this authorisation to the competent authority of the Member State where he is resident or established, no later than 130 days before the date of the first exportafter the date when the first export took place or, alternatively, and in accordance with a requirement by the competent authority of the Member State where the exporter is established, prior to the first use of this authorisation. Member States shall notify the Commission of the notification mechanism chosen for this authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.