12 Amendments of Daniel CASPARY related to 2008/0249(COD)
Amendment 46 #
Proposal for a regulation – amending act
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The European Parliament rejects the Commission's proposal
Amendment 47 #
Proposal for a regulation – amending act
Recital 4
Recital 4
(4) In order to create new CommunityUnion General Export Authorisations for certain non-sensitivespecific dual-use items to certain non-sensitivespecific countries, the relevant provisions of Regulation (EC) No 1334428/20009 need to be amended by the addition of new Annexes.
Amendment 50 #
Proposal for a regulation – amending act
Article 1 – point 2 c (new)
Article 1 – point 2 c (new)
Regulation (EC) No 428/2009
Article 23
Article 23
(2c) Article 23 is replaced by the following: Article 23 1. A Coordinating Group chaired by a representative of the Commission shall be set up. Each Member State shall appoint a representative to the Coordinating Group. It shall examine any question concerning the application of this Regulation which may be raised either by the chair or by a representative of a Member State. 2. The Chair of the Dual-Use Coordination Group or the Coordinating Group shall, whenever it considers it to be necessary, consult exporters, brokers and other relevant stakeholders concerned by this Regulation. 3. The Chair of the Dual-Use Coordination Group shall submit an annual report to the European Parliament on its activities.
Amendment 53 #
Proposal for a regulation – amending act
Annex IIb
Annex IIb
Regulation (EC) No 428/2009
Part 3 – paragraph 5
Part 3 – paragraph 5
5. For the purposes of this authorisation, "a low-value shipment" means items which are comprised in a single export ordercontract and are dispatched by an exporter to a named consignee in one or more consignments the aggregate value of which does not exceed €5 5000. For this purpose, "value" means the price billed to the consignee; if there is no consignee or determinable price, it is the statistical valueIf a transaction or act proves to be part of a single economic operation, the value of the whole operation shall be taken as a basis when applying the value limits of this authorisation. For this purpose, "value" means the price billed to the consignee; if there is no consignee or determinable price, it is the statistical value. For the calculation of the statistical value Article 28ff of Customs Code shall apply. For the calculation only the values of the goods subject to an export authorisation have to be taken into account. The real value of the goods has to be taken as a basis for the calculation, i.e. that additional costs for example for packing and transport are not taken into account. This calculation presumes that the additional costs really arise or do not contain any additional factors which have an influence on the value of the good. For this purpose these amounts must be reported separately on the bill. Otherwise, the amount stated is the basis for the calculation.
Amendment 55 #
Proposal for a regulation – amending act
Annex IIc
Annex IIc
Regulation (EC) No 428/2009
Part 3 – paragraph 4
Part 3 – paragraph 4
4. Any exporter who uses this authorisation must notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) of first use of the authorisation no later than 30 days after the date when the first export takes place. or, alternatively, and in accordance with a requirement by the authority of the Member State where the exporter is established, prior to the first use of this General Export Authorisation. Member States shall notify the Commission of the notification mechanism chosen for this General Export Authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union. Reporting requirements attached to the use of this authorisation and additional information that the Member State from which the export is made may require on items exported under this authorisation are defined by Member States. A Member State may require the exporter established in that Member State to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request. Where applicable the requirements set out in the second and third subparagraphs shall be based on those defined for the use of national general export authorisations granted by those Member States which provide for such authorisations.
Amendment 56 #
Proposal for a regulation – amending act
Annex IId
Annex IId
Regulation (EC) No 428/2009
Part 2 – Countries of destination
Part 2 – Countries of destination
Argentina, Bahrain, Boliosnia and Herzegovina, Brazil, Brunei, Chile, China, Ecuador, Egypt, Hong Kong Special Administrative Region, Iceland, Jordan, Kuwait, Malaysia, Mauritius, Mexico, Morocco, Oman, Philippines, Qatar (including Hong Kong and Macao), Croatia, Former Yugoslav Republic of Macedonia, French Overseas Territories, Iceland, India, Israel, Mexico, Montenegro, Morocco, Republic of Korea, Russia, Saudi- Araerbia, Singapore, South Africa, South Korea, Tunisia, Turkey, Ukraine, United Arab Emirates
Amendment 57 #
Proposal for a regulation – amending act
Annex IId
Annex IId
Regulation (EC) No 428/2009
Part 3 – paragraph 3
Part 3 – paragraph 3
3. Any exporter who uses this authorisation must notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) of the first use of theis authorisation no later than 30 days after the date when the first export takes place. or, alternatively, and in accordance with a requirement by the authority of the Member State where the exporter is established, prior to the first use of this General Export Authorisation. Member States shall notify the Commission of the notification mechanism chosen for this General Export Authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union. Reporting requirements attached to the use of this authorisation and additional information that the Member State from which the export is made may require on items exported under this authorisation are defined by Member States. A Member State may require the exporter established in that Member State to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request. Where applicable the requirements set out in the second and third subparagraphs shall be based on those defined for the use of national general export authorisations granted by those Member States which provide for such authorisations.
Amendment 58 #
Proposal for a regulation – amending act
Annex IId
Annex IId
Regulation (EC) No 428/2009
Part 3 – paragraph 4
Part 3 – paragraph 4
4. For the purpose of this authorisation, "exhibition" means any trade or industrial exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, during which the products remain under cus or fair" means commercial events of a specific duration at which several exhibitors make demonstrations of their products to trade visitomrs controlor to the general public.
Amendment 59 #
Proposal for a regulation – amending act
Annex IIf
Annex IIf
Regulation (EC) No 428/2009
Part 2 – Countries of destination
Part 2 – Countries of destination
Argentina, Croatia, Russia, South Africhina (including Hong Kong and Macao), Croatia, Iceland, India, Israel, Republic of Korea, Russia, South KoreAfrica, Turkey, Ukraine
Amendment 60 #
Proposal for a regulation – amending act
Annex IIf
Annex IIf
Regulation (EC) No 428/2009
Part 3 – paragraph 3 – point 1
Part 3 – paragraph 3 – point 1
(1) informnotify the competent authorities of the Member State where he is established (as defined in Article 6(6)) of the first use of theis authorisation no later than 30 days after the date of first export; when the first export takes place or, alternatively, and in accordance with a requirement by the authority of the Member State where the exporter is established, prior to the first use of this General Export Authorisation. Member States shall notify the Commission of the notification mechanism chosen for this General Export Authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union. Reporting requirements attached to the use of this authorisation and additional information that the Member State from which the export is made may require on items exported under this authorisation are defined by Member States. A Member State may require the exporter established in that Member State to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request. Where applicable the requirements set out in the second and third subparagraphs shall be based on those defined for the use of national general export authorisations granted by those Member States which provide for such authorisations.
Amendment 61 #
Proposal for a regulation – amending act
Annex IIg
Annex IIg
Regulation (EC) No 428/2009
Part 2 – Countries of destination
Part 2 – Countries of destination
Argentina; Bangladesh, Belize, Benin, Bolivia, Brazil; Cameroun, Chile; Cook Island, Costa Rica; Dominica, Ecuador, El Salvador, Fiji, Georgia, Guatemala, Guyana, India, Lesotho, Maldives, Mauritius, Mexico, Namibia, Nicaragua, Oman, Panama, Paraguay, Russia, St Lucia, Seychelles, Peru, Sri Lanka, South Africa; Swaziland, Turkey; Uruguay, Ukraine; Republic of Korea, Croatia, Iceland, India, Republic of Korea, Turkey, Ukraine.
Amendment 62 #
Proposal for a regulation – amending act
Annex IIg
Annex IIg
Regulation (EC) No 428/2009
Part 3 – paragraph 4 – point 1
Part 3 – paragraph 4 – point 1
(1) informnotify the competent authorities of the Member State where he is established (as defined in Article 6(6)) of the first use of theis authorisation no later than 30 days after the date of first export;when the first export takes place or, alternatively, and in accordance with a requirement by the authority of the Member State where the exporter is established, prior to the first use of this General Export Authorisation. Member States shall notify the Commission of the notification mechanism chosen for this General Export Authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union. Reporting requirements attached to the use of this authorisation and additional information that the Member State from which the export is made may require on items exported under this authorisation are defined by Member States. A Member State may require the exporter established in that Member State to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request. Where applicable the requirements set out in the second and third subparagraphs shall be based on those defined for the use of national general export authorisations granted by those Member States which provide for such authorisations.