Activities of Jacques TOUBON related to 2007/0279(COD)
Plenary speeches (1)
Transfers of defence-related products (debate)
Amendments (16)
Amendment 26 #
Proposal for a directive
Recital 2
Recital 2
(2) The Treaty provisions establishing the internal market apply to all goods and services provided against remuneration including defence related products but do not preclude Member States under certain conditions from taking other measures in individual cases where they consider it necessary to protect essential interests of their security, pursuant to Article 296 of the Treaty, or to safeguard public policy or public security, in particular pursuant to Article 30 of the Treaty.
Amendment 28 #
Proposal for a directive
Recital 7
Recital 7
(7) Harmonisation of those laws and regulations of Member States should not give prejudice to obligations of Member States under relevant international non- proliferation regimes, to export control arrangements, to treaties or to discretion of Member States on export policypolicy on the transfer or export of defence-related products.
Amendment 30 #
Proposal for a directive
Recital 9
Recital 9
(9) This dDirective should cover the transfer of all the defence-related products which correspond to those listed in the Common Military List of the European Union including sub- systems, components, spare parts, technology transfer, maintenance and repair. It should not cover European Union exports to third countries.
Amendment 34 #
Proposal for a directive
Recital 25
Recital 25
(25) For the application of this dDirective, Member States should remain entitled to pursue and further develop their currextentd intergovernmental cooperation as implemsubsequentedly inter alia in the Letter of Intent order to achieve the objectives of this Directive.
Amendment 35 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to compensate for the progressive substitution of general ex-post control for individual ex-ante control in the Member State of origin of the defence related products, conditions for mutual confidence and trust should be created by the inclusion of guarantees which ensure that defence related products are not exported in violation of export limitations to third countries. This principle should also be observed in instances where defence-related products are transferred several times between Member States before being exported to a third country.
Amendment 43 #
Proposal for a directive
Article 1 - paragraph 2
Article 1 - paragraph 2
2. This dDirective does not affect the export policies of Member Statediscretion of Member States on policy on the export of defence-related products.
Amendment 46 #
Proposal for a directive
Article 1 - paragraph 2 a (new)
Article 1 - paragraph 2 a (new)
2a. This Directive shall apply without prejudice to Articles 30 and 296 of the Treaty.
Amendment 47 #
Proposal for a directive
Article 1 - paragraph 2 b (new)
Article 1 - paragraph 2 b (new)
2b. This Directive shall be without prejudice to the possibility for Member States to pursue and extend intergovernmental cooperation subsequently, while observing the principles laid down by this Directive.
Amendment 51 #
Proposal for a directive
Article 2 - paragraph 2
Article 2 - paragraph 2
Amendment 53 #
Proposal for a directive
Article 2 - paragraph 3
Article 2 - paragraph 3
Amendment 59 #
Proposal for a directive
Article 4 - paragraph 2
Article 4 - paragraph 2
2. Member States shall provide for the possibility of granting suppliers established on their respective territories general, global or individual transfer licences.
Amendment 64 #
Proposal for a directive
Article 4 - paragraph 4
Article 4 - paragraph 4
4. Member States shall determine the terms and conditions of transfer licences, in particular any limitations on the export of defence-related products to recipients in third countries, having regard to the risks for preservation of human rights, peace, security and stability created by the transfer. Member States may pursue and extend existing intergovernmental cooperation subsequently in order to achieve the objectives of this dDirective.
Amendment 72 #
Proposal for a directive
Article 5 - paragraph 2 a (new)
Article 5 - paragraph 2 a (new)
2a. Member States may lay down the terms and conditions for registration prior to first-time use of a general licence.
Amendment 86 #
Proposal for a directive
Article 10 - paragraph 2
Article 10 - paragraph 2
2. Where consent from the originating Member State for the contemplated export is required but has not been obtained, Member States shallmay consult the originating Member State.
Amendment 87 #
Proposal for a directive
Article 10 - paragraph 2 a (new)
Article 10 - paragraph 2 a (new)
2a. Member States shall lay down effective, proportionate and deterrent penalties against undertakings which provide incorrect or incomplete information in an application for authorisation to export defence-related products to a third country which have been received under a transfer licence including export limitations.
Amendment 89 #
Proposal for a directive
Article 11 - paragraph 2
Article 11 - paragraph 2