Activities of Ana GOMES related to 2010/0246(COD)
Plenary speeches (1)
Marketing and use of explosives precursors (debate)
Amendments (20)
Amendment 10 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The 2010 Action Plan on enhancing Chemical, Biological, Radiological and Nuclear (CBRN) Security in the European Union provides for grounds on which the principles of solidarity and cooperation between Member States should apply and provides for the ways in which such coordination should take place, in practical terms, concerning all CBRN substances. Accordingly, it is necessary for the present Regulation to comply with the chemicals section of that Action Plan.
Amendment 12 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The licensing scheme and the obligation to report suspicious transactions should allow economic operators to continue trading all precursors, thereby limiting its impact on the freedom to conduct a business.
Amendment 14 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Limiting the sales of those chemicals that exceed concentration thresholds to users who can prove a legitimate need to use the chemical should provide higher security in the marketing and use of explosives precursors.
Amendment 26 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘suspicious transaction’ means any transaction concerning the substances listed in the Annexes, or mixtures containing those substances, where there areis information, suspicion or reasonable grounds for suspecting that the substance or mixture is intended for the productionillegal fabrication of explosives or for any other illicit purposes, such as the transfer of thome-made explosivesse substances to third parties; the context in which a transaction is considered to be suspicious in nature is defined at the level of the Union by the present Regulation;
Amendment 35 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Where a member of the general public intends to import the substances listed in Annex I, or mixtures containing those substances, into the Customs territory of the European Union, and the concentration of the substance or mixture in the form in which it is imported is higher than the limit laid down in Annex I, that person must present a licence as referred to in paragraph 2 at the Customs office of entry. In case of doubts relating toorder to check the authenticity or correctness of the licence issued in accordance with paragraph 2 as well as when further advice is required, the customs authorities shall contact the competent authorities designated by the Member State for issuing licences in accordance with Article 5.
Amendment 36 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Notwithstanding paragraph 1, ammonium nitrate and mixtures containing ammonium nitrate may be made available to farmers and may be possessed by farmers, for use as fertilisers in agricultural activities, in concentrations above the limit listed in Annex I. It is, however, for the competent authorities designated by the Member State to carry out appropriate and regular inspection operations to ensure that the ammonium nitrate use by farmers is legitimate and that farmers' licences is not used to disguise illicit transactions and/or activities.
Amendment 37 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. For the purposes of this Regulation, a transaction should be considered to be suspicious where, at the time of purchase: (a) a member of the general public who buys or who intends to buy these substances is unwilling to provide proof of identity and a licence; (b) a member of the general public who buys or who intends to buy quantities and/or concentrations which are unusual for the specific products or substances; (c) a member of the general public who buys or who intends to buy unusual combinations of those substances; (d) a member of the general public who buys or who intends to buy those substances and who is not clear about the final use of the substances; (e) a member of the general public who buys or who intends to buy those substances is unable to show that he or she is familiar with the specific use of the substances; (f) a member of the general public who buys or who intends to buy those substances insists on paying in cash.
Amendment 38 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. An economic operator which makes a substance or mixture available to a licensed member of the general public in accordance with paragraph 2 shall verify the licence and keep a record of the transaction. If there is reason to suspect that fake licences have been issued, the economic operator shall contact the competent authorities of the Member State concerned, reporting appropriately to them and to any other designated law- enforcement authorities. If the situation remains unclear, the economic operator shall be bound to reject the intended transaction. It is for the retail industry to ensure that economic operators which might have to deal with precursors transactions are appropriately trained and informed of threats and are actually aware of the risks involved through a risk assessment. It is for the designated national authorities to ensure the enforcement of the terms of this paragraph and possibly to seek the prosecution of those economic operators that do not respect the terms of this Regulation, thereby acting with laxity in relation to the security and safety characteristics of explosives precursors transactions.
Amendment 41 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall lay down the rules for granting the licence provided for in Article 4(2), in accordance with the Union guidelines referred to in paragraph 1a. When considering whether to grant a licence, the competent authority of the Member State shall take into account in particular the legitimacy of the intended use of the substance. The licence shall be refused if there are reasonable grounds for doubting the legitimacy of the intended use.
Amendment 42 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The Commission shall lay down Union guidelines regarding the conditions that should govern licensing activities at national level, after consulting the Standing Committee on Precursors. In these guidelines, the Commission should set out the technical details of the licences in order to facilitate their mutual recognition throughout the Member States.
Amendment 43 #
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1b. Every Member State shall create or designate an authority with responsibility for the issuing of licences to the general public. That authority should also assume responsibility for and oversight of the implementation of the Action Plan on enhancing Chemical, Biological, Radiological and Nuclear Security in the European Union.
Amendment 44 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The licence may be suspended or revoked by the competent authority whenever there are reasonable grounds for believing that the conditions under which the licence was granted are no longer fulfilled.
Amendment 45 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The licensing authority shall ensure that fundamental rights of the individuals that request a licence, namely the right not be discriminated on the basis of race, gender, religious beliefs, sexual orientation or age, are respected at all times.
Amendment 49 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall also enact legislation laying down in detail the procedures to be used in the event of reporting on suspicious transactions. Each Member State shall set up a national contact point with a clearly identified telephone number and e-mail address for the reporting of suspicious transactions.
Amendment 52 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Economic operators which have reason to believe that a proposed transaction involving one or more substances listed in the Annexes, or mixtures containing those substances, is a suspicious transaction, shall report this without delay to the competent national authorities (namely, to the licensing authority and law- enforcement authorities), including if possible the identity of the client, to the national contact point of the Member State where the transaction was proposed.
Amendment 56 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Economic operators shall report any other suspicious transactions regarding a non-scheduled substance, and mixtures containing such substances, in accordance with the definition of suspicious transaction laid down in the present Regulation and also in accordance with the regulation at national level governing procedures in case of suspicious transactions.
Amendment 58 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Economic operators shall also report significantall thefts of the substances listed in the Annexes and mixtures containing those substances to the national contact point of the Member State where the theft has taken place.
Amendment 61 #
Proposal for a regulation
Article 6 – paragraph 6 – point b
Article 6 – paragraph 6 – point b
(b) a regularly updated list of non- scheduled substances to enable the supply chain to monitor on a voluntary basis the trade in such substances;
Amendment 63 #
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. Reporting under this Article shall be limited to the name, licence number, items purchased, the amount of the transaction and the method of payment and the reasons giving rise to suspicion, for a maximum period of 2 years, unless a suspicious transaction or theft has led to an investigation which is still ongoing. The processing of personal data revealing racial or ethic origin, political opinions, religious or philosophical beliefs, trade- union membership, as well as the processing of data concerning health or sex life, is prohibited.
Amendment 64 #
Proposal for a regulation
Article 7
Article 7
Each Member State shall ensure that the processing of personal data carried out in application of this Regulation shall be in accordance with Directive 95/46/EC. In particular, each Member State shall ensure that the processing of personal data required by the granting of license pursuant to Articles 4 and 5 of this Regulation, and the reporting of suspicious transactions pursuant to Article 6 of this Regulation, shall comply with Directive 95/46/EC. Guidelines contained in the implementing decisions referred to in Articles 5(6) and 6(6) shall ensure that: - information is only disclosed to competent law enforcement authorities for the purpose of investigating terrorist activities or other suspected criminal abuse of explosive precursors; - the licensing authority shall inform license holders about the fact that their purchases will be recorded and may be subject to reporting if found suspicious; - a clear and concrete definition of suspicious transactions is provided, as well as criteria to identify them; - data security is guaranteed; - data is accessible only on a need to know basis and the list of recipients is published; - data subjects have a right of access correction or deletion, when appropriate, and a redress mechanism is foreseen. The European Data Protection Supervisor shall be consulted prior to drawing up these guidelines.