35 Amendments of Artis PABRIKS related to 2016/0295(COD)
Amendment 64 #
Proposal for a regulation
Recital 6
Recital 6
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 109 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
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 134 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13. 'lLarge project authorisation' shall mean a global export authorisation granted to one specific exporter, in respect of a type or category of dual-use item which may be valid for exports to one or more specified end users in one or more specified third countries for the duration of a specified project the realisation of which exceeds onthree years;
Amendment 140 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
21. 'cyber-surveillance technology' shall mean items specially designed to enable the covert intrusion into information and telecommunication systems with a view to monitoring, exfiltracting, collecting and analysing data and/or incapacitating or damaging the targeted system. This includes items related to the following technology and equipment: (a) mobile telecommunication interception equipment; (b) intrusion software; (c) monitProducts shall be specifically defined and listed in a dedicated category of Annex 1 according centers; (d) lawfulto the intercepnation systems and data retention systems (e) digital forensics;al export control regimes including Wassenaar.
Amendment 142 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point a
Article 2 – paragraph 1 – point 21 – point a
Amendment 143 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point b
Article 2 – paragraph 1 – point 21 – point b
Amendment 144 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point c
Article 2 – paragraph 1 – point 21 – point c
Amendment 145 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point d
Article 2 – paragraph 1 – point 21 – point d
Amendment 146 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point e
Article 2 – paragraph 1 – point 21 – point e
Amendment 150 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – subparagraph 1 a (new)
Article 2 – paragraph 1 – point 21 – subparagraph 1 a (new)
However, 'cyber surveillance technology' shall not mean items specially designed for any of the following: (a) billing; (b) data collection functions within network elements (e.g. Exchange or HLR;) (c) marketing purposes; (d) quality of service of the network (QoS); (e) user satisfaction (Quality of Experience - QoE); (f) operations at telecommunications companies; (g) network protection (e.g. firewalls);
Amendment 162 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. An authorisation shall be required for the export of dual-use items not listed in Annex I if the exporter has been informed by the competent authority of the Member State in which he is established that the items in question are or may be intended, in their entirety or in part:
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 187 #
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 onthree years, and may be renewed by the competent authority. The competent authority may however issue an authorisation for a shorter period under extraordinary circumstances and for compelling reasons if it is necessary when assessing the criteria in Article 14.
Amendment 194 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
A Member State which imposes an authorisation requirement, in application of paragraphs 1, 2 and 3 on the export of a dual-use item not listed in Annex I, shall, unless it would prejudice its national security interests, immediately inform the other Member States and, the Commission, and the exporter and provide them with the relevant information, in particular concerning the items and end- users concerned. The other Member States shall give all due consideration to this information and shall make known within 10 working days any objections they may have to the imposition of such an authorisation requirement. In exceptional cases, any Member State consulted may request an extension of the 10-day period. However, the extension may not exceed 320 working days.
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 210 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The transit of non-Union dual-use items listed in Annex I may be prohibited at any time by the competent authority of the Member State where the items are situated if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
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 222 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Paragraphs 1 and 2 shall not apply if the technical assistance (a) is provided in a country listed in Section A of Annex II, (b) takes place via the passing on of information which is generally available or forms part of basic research within the meaning of the General Technology Note to Annex I or Section A of Annex I, (c) does not refer to technology which is cited in the numbers of category E of Annex I, or (d) represents the absolutely necessary minimum for the construction, operation, maintenance and repair of those dual-use items for which an export authorization was issued.
Amendment 223 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. A Member State may prohibit or impose an authorisation requirement on the export of dual-use items not listed in Annex I for reasons of public security or, for human rights considerations or for the prevention of acts of terrorism.
Amendment 234 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Individual export authorisations and global export authorisations shall be valid for onthree 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 based, inter alia, on the duration of the export contract. The competent authority may however issue an authorisation for a shorter period under extraordinary circumstances and for compelling reasons if it is necessary when assessing the criteria in Article 14.
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 268 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) respect for human rightsthe occurrence of the violations of human rights law and international humanitarian law in the country of final destination as well as respecthas been established by thate country of international humanitarian lawmpetent bodies of the UN, the Council of Europe and the Union;
Amendment 300 #
Proposal for a regulation
Article 16 – paragraph 2 – point b
Article 16 – paragraph 2 – point b
Amendment 329 #
Proposal for a regulation
Article 23
Article 23
Amendment 366 #
Proposal for a regulation
Annex I – Section B
Annex I – Section B
Amendment 409 #
Proposal for a regulation
Annex II – Section H – part 3 – paragraph 1 – point 1
Annex II – Section H – part 3 – paragraph 1 – point 1
(1) by the exporter or by any entity owned or controlled by the exporter;any company resident or established in a Member State of the Union to any sister company, subsidiary or parent company provided these entities are owned or controlled by the same parent company or by each other and provided the item is for use for company cooperation projects including commercial product development, research, servicing, production and usage and, in the case of employees and order processors, pursuant to the agreement establishing the employment relationship.
Amendment 418 #
Proposal for a regulation
Annex II – Section I – part 3 – paragraph 1 – point 4
Annex II – Section I – part 3 – paragraph 1 – point 4
(4) the relevant items are exported to a customs-free zone or a free warehouse which is located in a destination covered by this authorisation when the warehouse is not under the control of the EU exporter.