13 Amendments of David MCALLISTER related to 2016/0295(COD)
Amendment 31 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 40 #
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: 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 41 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Amendment 43 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Amendment 46 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
1 a. 'cyber-surveillance items' shall mean items (hardware, software and technology other than dual-use items) which can be used for the commission of serious and systematic violations of human rights or international humanitarian law, especially 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. This shall not include 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 (Qualitiy of Experience - QoE); (f) operations at telecommunications companies (service providers); (g) network Protection (e.g. firewalls). Equally, it shall not mean items specially designed for the building, functioning, maintenance or protection of: (a) public energy, gas- or water infrastructure; (b) smart transport management of civil rail, road, air and water transport; (c) plant engineering and e-health; (d) industrial manufacturing such as Automobile, Chemical, Food and Beverage etc.;
Amendment 47 #
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 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 48 #
Proposal for a regulation
Article 2 – paragraph 9
Article 2 – paragraph 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 62 #
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 63 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. An authorisation shall be required for the export of the cyber-surveillance items listed in Section B of Annex I.
Amendment 69 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 71 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 75 #
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 118 #
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 systematic and serious 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, the following considerations shall 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. The Commission may decide to remove an item from the list 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.