Activities of Anne-Marie MINEUR related to 2016/0295(COD)
Plenary speeches (1)
Control of exports, transfer, brokering, technical assistance and transit of dual-use items (debate) NL
Amendments (19)
Amendment 62 #
Proposal for a regulation
Recital 5
Recital 5
(5) Considering the emergence of new categories of dual-use items, and in response to calls from the European Parliament and indications that certain cyber-surveillance technologies 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 morals. These measures should not go beyond what is proportionate. 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 77 #
Proposal for a regulation
Recital 11
Recital 11
(11) With the entry into force of the Lisbon Treaty, it has been clarified that the supply of technical assistance services involving a cross-border movement falls under Union competence. It is therefore appropriate to clarify the controls applicable to technical assistance services, and to introduce a definition of those services. For reasons of effectiveness and consistency, controls prior ton the supply of technical assistance services should be harmonised and apply also in order to prevent acts of terrorism and human rights violations.
Amendment 93 #
Proposal for a regulation
Recital 23
Recital 23
(23) It is desirable to achieve a uniform and consistent application of controls throughout the Union in order to promote Union and international security and to provide a level playing field for EU exporters. It is therefore appropriate, in accordance with the EU WMD Strategy, to broaden the scope of consultation and information exchange between the Member States and the Commission before an authorisation has been granted, and to introduce tools to support the development of a common export control network throughout the Union, such as electronic licensing procedures, technical expert groups and the setting up of an enforcement coordination mechanism. While customs authorities share certain information with other customs authorities using risk management system in accordance with Union customs rules, it is also appropriate to ensure close cooperation between licensing and customs authorities .
Amendment 130 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
Amendment 141 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – introductory part
Article 2 – paragraph 1 – point 21 – introductory part
21. 'cyber-surveillance technology' shall mean itemshardware, software and any other items which can be used for surveillance purposes or are specially designed to enable the covert intrusion into information and telecommunication systems with a view to monitoring, extracting, collecting and analysing data and/or incapacitating or damaging the targeted system. This includes items related to the following technology and equipment:
Amendment 148 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point e
Article 2 – paragraph 1 – point 21 – point e
(e) digital forensics; including devices for the de-codification of encryption, the recovery of hard disks, the circumvention of passwords and the analysis of biometric data.
Amendment 165 #
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) for use in a territory or a country which is under occupation as recognised so under international law
Amendment 168 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) for use 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 in the country of final destination, as identified by relevant public international institutions, or European or national competent authorities, and where there is evidence of the use of this or similar items for directing or implementing such serious violations by the proposed end-user;
Amendment 212 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The transit of non-Union dual-use items may be prohibited at any time by the competent authority of the Member State where the items are situated or where the transit occurs, if the items are or may be intended, in their entirety or in part, for uses referred to in Article 4(1).
Amendment 232 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point b
Article 10 – paragraph 1 – subparagraph 1 – point b
(b) global export authorisation, including global export authorisation for large projectszation;
Amendment 236 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Individual export authorisations and global export authorisations shall be valid for one year, 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 242 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Individual export authorisations and global export authorisations shall be valid for one year, and may be renewed by the competent authority. Global export authorisations for large projects shall be valid for a duration to be determin3 years and may be renewed by the competent authority.
Amendment 249 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3 – introductory part
Article 10 – paragraph 4 – subparagraph 3 – introductory part
Global export authorisations shall be subject to the implementation, by the exporter, of an effective internal compliance programme prior to export taking place. The exporter shall also report to the competent authority, at least once a year, on the use of this authorisation; the report shall include at least the following information:
Amendment 255 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3 – point d
Article 10 – paragraph 4 – subparagraph 3 – point d
(d) where known, the end-use and end- user of the dual-use items.
Amendment 261 #
Proposal for a regulation
Article 10 – paragraph 6 – point c
Article 10 – paragraph 6 – point c
(c) not be used if the exporter has grounds to suspect, is aware or has been informed by the competent authority that the items in question are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4 1 , or if the exporter is aware that the items are intended for the abovementioned uses.
Amendment 270 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) respect for human rights and fundamental freedoms in the country of final destination as well as respect by that country of international humanitarian law;
Amendment 274 #
Proposal for a regulation
Article 14 – paragraph 1 – point d – indent 1 (new)
Article 14 – paragraph 1 – point d – indent 1 (new)
– use in territories under occupation which are recognised as such under international law;
Amendment 340 #
Proposal for a regulation
Article 25 – paragraph 1 – point d
Article 25 – paragraph 1 – point d
(d) where known, the end-use and end- user of the dual-use items.
Amendment 348 #
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1 – point b
Article 27 – paragraph 2 – subparagraph 1 – point b
(b) to enablguarantee the post-shipment verification of exports in third countries;