BETA


2016/2238(INI) Private security companies

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead AFET VAUTMANS Hilde (icon: ALDE ALDE) ANDRIKIENĖ Laima Liucija (icon: PPE PPE), FRUNZULICĂ Doru-Claudian (icon: S&D S&D), VAN ORDEN Geoffrey (icon: ECR ECR), BUCHNER Klaus (icon: Verts/ALE Verts/ALE), CASTALDO Fabio Massimo (icon: EFDD EFDD), SCHAFFHAUSER Jean-Luc (icon: ENF ENF)
Lead committee dossier:
Legal Basis:
RoP 54

Events

2017/07/04
   EP - Results of vote in Parliament
2017/07/04
   EP - Decision by Parliament
Details

The European Parliament adopted by 530 votes to 147, with 19 abstentions, a resolution on private security companies.

Need for an EU regulatory framework : Eurobarometer polls showed that the EU’s citizens want the EU to be more active in the field of security and defence. Private security companies (PSCs), a term which includes private military companies, have been increasingly employed by national governments as well as militaries and civilian agencies, both for the domestic provision of services and support for overseas deployment.

More than 1.5 million private security contractors were employed in around 40 000 private security companies (PSCs) in Europe in 2013 and these figures are on the rise.

However, the European Union does not have a regulatory framework of its own. It is therefore of vital importance to prioritise the establishment of clear rules for interaction, cooperation and assistance between law enforcement and private security companies.

The use of PSCs in support of the military abroad : PSCs play an important complementary role in aiding the state’s military and civilian agencies by closing capability gaps created by increasing demand for the use of forces abroad.

Members, however, considered that the EU and its Member States should refrain from outsourcing military operations that involve the use of force and weaponry, participating in hostilities and otherwise engaging in combat or combat areas, beyond legitimate self-defence .

Operations and activities outsourced to PSCs in conflict areas should be restricted to providing logistical support and the protection of installations, without an actual presence of PSCs in the areas where combat activities exist. Under no circumstances can the use of PSCs be a substitute for national armed forces personnel .

Members underscored the need for PSCs to be mindful of local customs and habits. Under no circumstances should PSCs be allowed to take part in, or conduct interrogations .

In addition, any participation by private security companies in military operations must be justified, with clearly-defined objectives that can be verified using tangible indicators, have a fully-detailed budget and a specific start and end date, and be governed by a strict code of ethic.

For states to benefit from the advantages offered by PSCs, and to ensure that they can be held accountable, a legal framework with binding regulatory and monitoring mechanisms should be put in place at international level to regulate their use and provide sufficient control over their activities.

The resolution also underlined the importance of parliamentary oversight over the state use of PSCs by Member States.

Use of PSCs by the EU : noting that the EU makes use of PSCs abroad to guard its delegations and staff and to support its civilian and military CSDP missions, Parliament called on the Commission and the Council to produce an overview of where, when and for what reason PSCs have been employed in support of EU missions.

The resolution noted that in conflict-prone environments, employing a PSC for certain duties can have negative side-effects for the EU , especially for its legitimacy, by accidentally associating it with armed actors in a conflict area, with negative repercussions in the case of armed incidents.

Stressing in particular the risks posed by uncontrolled sub-contracting, Members called on the Member States, the EEAS and the Commission to follow the example of NATO by only contracting PSCs based in EU Member States .

In this regard, Parliament recommended the Commission to propose common PSC contracting guidelines for the hire, use and management of military and security contractors. These guidelines should be based both on the Montreux document and the International Code of Conduct (ICoC).

Members called for an EU security supervisor of an EU security company to be present at EU-funded sites and EU delegations with the tasks of ensuring the quality of the security services provided.

The regulation of PSCs : Members recommended:

that the Commission draw up a Green Paper with the objective of establishing basic rules of engagement and good practices; the creation of sector-specific EU quality standards and for the definition of PSCs to be clarified before effective regulation of their activities is introduced, as the lack of such a definition can create legislative loopholes; the Council to add military and security services by PSCs to the Common Military List of the European Union without delay.

As for the Commission, it is urged to develop an effective European regulatory model which will inter alia:

help to harmonise legal differences between Member States by means of a directive; re-evaluate, and thus redefine, contemporary public-private collaboration strategies; set high-level standards for private security service providers within the EU or operating abroad; ensure reporting of PSCs’ irregularities and illegalities and make it possible to hold them accountable for violations , including human rights violations, during their activities abroad.

Lastly, the VP/HR, the Member States, the EEAS and the Commission are strongly urged to support the creation of an international convention aimed at establishing an international legal regime to regulate relevant services provided by PSCs.

Documents
2017/07/04
   EP - End of procedure in Parliament
2017/07/03
   EP - Debate in Parliament
2017/05/17
   EP - Committee report tabled for plenary, single reading
Documents
2017/05/16
   EP - Committee report tabled for plenary
Documents
2017/05/02
   EP - Vote in committee
2017/03/20
   EP - Amendments tabled in committee
Documents
2017/01/26
   EP - Committee draft report
Documents
2016/10/06
   EP - Committee referral announced in Parliament
2016/07/12
   EP - VAUTMANS Hilde (ALDE) appointed as rapporteur in AFET

Documents

Votes

A8-0191/2017 - Hilde Vautmans - Résolution 04/07/2017 12:58:49.000 #

2017/07/04 Outcome: +: 530, -: 147, 0: 19
DE IT PL ES RO FR BE HU CZ AT SE BG PT HR FI SI SK LT NL LU LV EE MT IE DK CY EL GB
Total
91
66
51
49
30
67
20
20
21
16
17
16
18
11
13
8
13
11
23
6
8
6
5
9
12
6
21
61
icon: PPE PPE
202

Luxembourg PPE

3

Estonia PPE

For (1)

1

Malta PPE

2
3

Denmark PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
176

Croatia S&D

2

Slovenia S&D

For (1)

1

Netherlands S&D

3

Luxembourg S&D

For (1)

1

Latvia S&D

1

Estonia S&D

For (1)

1

Malta S&D

3

Ireland S&D

For (1)

1
3

Cyprus S&D

2
icon: ALDE ALDE
63

Romania ALDE

3

Austria ALDE

For (1)

1

Portugal ALDE

1

Croatia ALDE

2

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Latvia ALDE

1

Estonia ALDE

3

Ireland ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
49

Italy Verts/ALE

For (1)

1

Belgium Verts/ALE

2

Hungary Verts/ALE

2

Austria Verts/ALE

3

Sweden Verts/ALE

3

Croatia Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Netherlands Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Estonia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1
icon: EFDD EFDD
37

Germany EFDD

Against (1)

1

Poland EFDD

1

France EFDD

1

Czechia EFDD

Against (1)

1

Sweden EFDD

Against (1)

1

Lithuania EFDD

Against (1)

1
icon: NI NI
16

Germany NI

Against (1)

2

Poland NI

Against (1)

2

France NI

Against (1)

2

Hungary NI

2

United Kingdom NI

3
icon: ECR ECR
68

Italy ECR

2

Romania ECR

For (1)

1

Czechia ECR

2

Bulgaria ECR

2

Croatia ECR

Against (1)

1

Finland ECR

2

Slovakia ECR

Abstain (1)

3

Lithuania ECR

Against (1)

1

Netherlands ECR

2

Latvia ECR

Against (1)

1

Cyprus ECR

Against (1)

1

Greece ECR

Against (1)

1
icon: ENF ENF
36

Poland ENF

2

Romania ENF

Against (1)

1

Belgium ENF

Abstain (1)

1

Austria ENF

3

Netherlands ENF

4

United Kingdom ENF

Against (1)

1
icon: GUE/NGL GUE/NGL
48

Italy GUE/NGL

3

Sweden GUE/NGL

Against (1)

1

Finland GUE/NGL

Abstain (1)

1

Netherlands GUE/NGL

2
4

Denmark GUE/NGL

Against (1)

1

Cyprus GUE/NGL

2

United Kingdom GUE/NGL

Against (1)

1
AmendmentsDossier
243 2016/2238(INI)
2017/03/20 AFET 243 amendments...
source: 600.961

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2017-05-02T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: EPP name: ANDRIKIENĖ Laima Liucija group: S&D name: FRUNZULICĂ Doru-Claudian group: ECR name: VAN ORDEN Geoffrey group: GUE/NGL name: COUSO PERMUY Javier group: Verts/ALE name: BUCHNER Klaus group: EFD name: CASTALDO Fabio Massimo group: ENF name: SCHAFFHAUSER Jean-Luc responsible: True committee: AFET date: 2016-07-12T00:00:00 committee_full: Foreign Affairs rapporteur: group: ALDE name: VAUTMANS Hilde
  • date: 2017-05-17T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0191&language=EN type: Committee report tabled for plenary, single reading title: A8-0191/2017 body: EP type: Committee report tabled for plenary, single reading
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  • date: 2017-03-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE600.961 title: PE600.961 type: Amendments tabled in committee body: EP
events
  • date: 2016-10-06T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2017-05-02T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2017-05-17T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0191&language=EN title: A8-0191/2017 summary: The Committee on Foreign Affairs adopted the own-initiative report by Hilde VAUTMANS (ALDE, BE) on private security companies. Eurobarometer polls showed that the EU’s citizens want the EU to be more active in the field of security and defence. Private security companies (PSCs), a term which includes private military companies, have been increasingly employed by national governments as well as militaries and civilian agencies, both for the domestic provision of services and support for overseas deployment. More than 1.5 million private security contractors were employed in around 40 000 private security companies (PSCs) in Europe in 2013 and these figures are on the rise. However, the European Union does not have a regulatory framework of its own. It is therefore of vital importance to prioritise the establishment of clear rules for interaction, cooperation and assistance between law enforcement and private security companies. The use of PSCs in support of the military abroad : PSCs play an important complementary role in aiding the state’s military and civilian agencies by closing capability gaps created by increasing demand for the use of forces abroad, while also occasionally, if circumstances allow, providing surge capacity. However, the EU and its Member States should refrain from outsourcing military operations that involve the use of force and weaponry, participating in hostilities and otherwise engaging in combat or combat areas, beyond legitimate self-defence. Operations and activities outsourced to PSCs in conflict areas should be restricted to providing logistical support and the protection of installations. Under no circumstances can the use of PSCs be a substitute for national armed forces personnel . For states to benefit from the advantages offered by PSCs, and to ensure that they can be held accountable, a legal framework with binding regulatory and monitoring mechanisms should be put in place at international level to regulate their use and provide sufficient control over their activities. Clear legal distinctions should be made between the operations of private security companies and private actors directly engaged in military activities. The report also underlined the importance of parliamentary oversight over the state use of PSCs by Member States. Use of PSCs by the EU : noting that the EU makes use of PSCs abroad to guard its delegations and staff and to support its civilian and military CSDP missions, Members called on the Commission and the Council to produce an overview of where, when and for what reason PSCs have been employed in support of EU missions. The report noted that in conflict-prone environments, employing a PSC for certain duties can have negative side-effects for the EU, especially for its legitimacy, by accidentally associating it with armed actors in a conflict area. The various and serious legal and political problems associated with the current practice of subcontracting in the field of military and security services are highlighted by the Members. Member States, the EEAS and the Commission should agree to follow the example of NATO by only contracting PSCs based in EU Member States. In this regard, the Commission is recommended to propose common PSC contracting guidelines for the hire, use and management of military and security contractors. These guidelines should be based both on international best practices in relation to PSC conduct and management, in particular the Montreux document and the International Code of Conduct (ICoC). Members called for an EU security supervisor of an EU security company to be present at EU-funded sites and EU delegations with the tasks of ensuring the quality of the security services provided. The regulation of PSCs : Members recommended that the Commission draw up a Green Paper with the objective of establishing basic rules of engagement and good practices. They also recommended the creation of sector-specific EU quality standards and for the definition of PSCs to be clarified before effective regulation of their activities is introduced, as the lack of such a definition can create legislative loopholes. They urged the Council to add military and security services by PSCs to the Common Military List of the European Union without delay. As for the Commission, it is urged to develop an effective European regulatory model which will inter alia : help to harmonise legal differences between Member States by means of a directive; re-evaluate, and thus redefine, contemporary public-private collaboration strategies; set high-level standards for private security service providers within the EU or operating abroad; ensure reporting of PSCs’ irregularities and illegalities and make it possible to hold them accountable for violations, including human rights violations, during their activities abroad. Lastly, the VP/HR, the Member States, the EEAS and the Commission are strongly urged to support the creation of an international convention aimed at establishing an international legal regime to regulate relevant services provided by PSCs.
  • date: 2017-07-03T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20170703&type=CRE title: Debate in Parliament
  • date: 2017-07-04T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=29760&l=en title: Results of vote in Parliament
  • date: 2017-07-04T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0289 title: T8-0289/2017 summary: The European Parliament adopted by 530 votes to 147, with 19 abstentions, a resolution on private security companies. Need for an EU regulatory framework : Eurobarometer polls showed that the EU’s citizens want the EU to be more active in the field of security and defence. Private security companies (PSCs), a term which includes private military companies, have been increasingly employed by national governments as well as militaries and civilian agencies, both for the domestic provision of services and support for overseas deployment. More than 1.5 million private security contractors were employed in around 40 000 private security companies (PSCs) in Europe in 2013 and these figures are on the rise. However, the European Union does not have a regulatory framework of its own. It is therefore of vital importance to prioritise the establishment of clear rules for interaction, cooperation and assistance between law enforcement and private security companies. The use of PSCs in support of the military abroad : PSCs play an important complementary role in aiding the state’s military and civilian agencies by closing capability gaps created by increasing demand for the use of forces abroad. Members, however, considered that the EU and its Member States should refrain from outsourcing military operations that involve the use of force and weaponry, participating in hostilities and otherwise engaging in combat or combat areas, beyond legitimate self-defence . Operations and activities outsourced to PSCs in conflict areas should be restricted to providing logistical support and the protection of installations, without an actual presence of PSCs in the areas where combat activities exist. Under no circumstances can the use of PSCs be a substitute for national armed forces personnel . Members underscored the need for PSCs to be mindful of local customs and habits. Under no circumstances should PSCs be allowed to take part in, or conduct interrogations . In addition, any participation by private security companies in military operations must be justified, with clearly-defined objectives that can be verified using tangible indicators, have a fully-detailed budget and a specific start and end date, and be governed by a strict code of ethic. For states to benefit from the advantages offered by PSCs, and to ensure that they can be held accountable, a legal framework with binding regulatory and monitoring mechanisms should be put in place at international level to regulate their use and provide sufficient control over their activities. The resolution also underlined the importance of parliamentary oversight over the state use of PSCs by Member States. Use of PSCs by the EU : noting that the EU makes use of PSCs abroad to guard its delegations and staff and to support its civilian and military CSDP missions, Parliament called on the Commission and the Council to produce an overview of where, when and for what reason PSCs have been employed in support of EU missions. The resolution noted that in conflict-prone environments, employing a PSC for certain duties can have negative side-effects for the EU , especially for its legitimacy, by accidentally associating it with armed actors in a conflict area, with negative repercussions in the case of armed incidents. Stressing in particular the risks posed by uncontrolled sub-contracting, Members called on the Member States, the EEAS and the Commission to follow the example of NATO by only contracting PSCs based in EU Member States . In this regard, Parliament recommended the Commission to propose common PSC contracting guidelines for the hire, use and management of military and security contractors. These guidelines should be based both on the Montreux document and the International Code of Conduct (ICoC). Members called for an EU security supervisor of an EU security company to be present at EU-funded sites and EU delegations with the tasks of ensuring the quality of the security services provided. The regulation of PSCs : Members recommended: that the Commission draw up a Green Paper with the objective of establishing basic rules of engagement and good practices; the creation of sector-specific EU quality standards and for the definition of PSCs to be clarified before effective regulation of their activities is introduced, as the lack of such a definition can create legislative loopholes; the Council to add military and security services by PSCs to the Common Military List of the European Union without delay. As for the Commission, it is urged to develop an effective European regulatory model which will inter alia: help to harmonise legal differences between Member States by means of a directive; re-evaluate, and thus redefine, contemporary public-private collaboration strategies; set high-level standards for private security service providers within the EU or operating abroad; ensure reporting of PSCs’ irregularities and illegalities and make it possible to hold them accountable for violations , including human rights violations, during their activities abroad. Lastly, the VP/HR, the Member States, the EEAS and the Commission are strongly urged to support the creation of an international convention aimed at establishing an international legal regime to regulate relevant services provided by PSCs.
  • date: 2017-07-04T00:00:00 type: End of procedure in Parliament body: EP
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2017-07-03T00:00:00
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2017-07-04T00:00:00
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  • The Committee on Foreign Affairs adopted the own-initiative report by Hilde VAUTMANS (ALDE, BE) on private security companies.

    Eurobarometer polls showed that the EU’s citizens want the EU to be more active in the field of security and defence. Private security companies (PSCs), a term which includes private military companies, have been increasingly employed by national governments as well as militaries and civilian agencies, both for the domestic provision of services and support for overseas deployment. More than 1.5 million private security contractors were employed in around 40 000 private security companies (PSCs) in Europe in 2013 and these figures are on the rise.

    However, the European Union does not have a regulatory framework of its own. It is therefore of vital importance to prioritise the establishment of clear rules for interaction, cooperation and assistance between law enforcement and private security companies.

    The use of PSCs in support of the military abroad: PSCs play an important complementary role in aiding the state’s military and civilian agencies by closing capability gaps created by increasing demand for the use of forces abroad, while also occasionally, if circumstances allow, providing surge capacity. However, the EU and its Member States should refrain from outsourcing military operations that involve the use of force and weaponry, participating in hostilities and otherwise engaging in combat or combat areas, beyond legitimate self-defence. Operations and activities outsourced to PSCs in conflict areas should be restricted to providing logistical support and the protection of installations.

    Under no circumstances can the use of PSCs be a substitute for national armed forces personnel.

    For states to benefit from the advantages offered by PSCs, and to ensure that they can be held accountable, a legal framework with binding regulatory and monitoring mechanisms should be put in place at international level to regulate their use and provide sufficient control over their activities. Clear legal distinctions should be made between the operations of private security companies and private actors directly engaged in military activities.

    The report also underlined the importance of parliamentary oversight over the state use of PSCs by Member States.

    Use of PSCs by the EU: noting that the EU makes use of PSCs abroad to guard its delegations and staff and to support its civilian and military CSDP missions, Members called on the Commission and the Council to produce an overview of where, when and for what reason PSCs have been employed in support of EU missions. The report noted that in conflict-prone environments, employing a PSC for certain duties can have negative side-effects for the EU, especially for its legitimacy, by accidentally associating it with armed actors in a conflict area. The various and serious legal and political problems associated with the current practice of subcontracting in the field of military and security services are highlighted by the Members.

    Member States, the EEAS and the Commission should agree to follow the example of NATO by only contracting PSCs based in EU Member States. In this regard, the Commission is recommended to propose common PSC contracting guidelines for the hire, use and management of military and security contractors. These guidelines should be based both on international best practices in relation to PSC conduct and management, in particular the Montreux document and the International Code of Conduct (ICoC).

    Members called for an EU security supervisor of an EU security company to be present at EU-funded sites and EU delegations with the tasks of ensuring the quality of the security services provided.

    The regulation of PSCs: Members recommended that the Commission draw up a Green Paper with the objective of establishing basic rules of engagement and good practices. They also recommended the creation of sector-specific EU quality standards and for the definition of PSCs to be clarified before effective regulation of their activities is introduced, as the lack of such a definition can create legislative loopholes.

    They urged the Council to add military and security services by PSCs to the Common Military List of the European Union without delay.

    As for the Commission, it is urged to develop an effective European regulatory model which will inter alia

    • help to harmonise legal differences between Member States by means of a directive;
    • re-evaluate, and thus redefine, contemporary public-private collaboration strategies;
    • set high-level standards for private security service providers within the EU or operating abroad;
    • ensure reporting of PSCs’ irregularities and illegalities and make it possible to hold them accountable for violations, including human rights violations, during their activities abroad.

    Lastly, the VP/HR, the Member States, the EEAS and the Commission are strongly urged to support the creation of an international convention aimed at establishing an international legal regime to regulate relevant services provided by PSCs.

activities/2/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0191&language=EN
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  • type: Committee report tabled for plenary, single reading title: A8-0191/2017
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2017-05-10T00:00:00
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2017-05-17T00:00:00
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2017-05-10T00:00:00
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activities/2/date
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2017-06-12T00:00:00
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2017-07-03T00:00:00
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Rules of Procedure of the European Parliament EP 150
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2017-06-12T00:00:00
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Enterprise and Industry
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Internal Market, Industry, Entrepreneurship and SMEs
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http://ec.europa.eu/enterprise/
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http://ec.europa.eu/info/departments/internal-market-industry-entrepreneurship-and-smes_en
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ECR
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VAN ORDEN Geoffrey
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SCHAFFHAUSER Jean-Luc
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VAN ORDEN Geoffrey
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SCHAFFHAUSER Jean-Luc
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FRUNZULICĂ Doru-Claudian
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COUSO PERMUY Javier
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FRUNZULICĂ Doru-Claudian
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COUSO PERMUY Javier
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2016-07-12T00:00:00
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  • group: ALDE name: VAUTMANS Hilde
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  • group: EPP name: ANDRIKIENĖ Laima Liucija
  • group: EFD name: CASTALDO Fabio Massimo
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EC
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BIEŃKOWSKA Elżbieta
procedure/dossier_of_the_committee
AFET/8/07990
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Old
Preparatory phase in Parliament
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Awaiting committee decision
activities
    committees
    • body: EP responsible: True committee_full: Foreign Affairs committee: AFET
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      procedure
      reference
      2016/2238(INI)
      title
      Private security companies
      legal_basis
      Rules of Procedure of the European Parliament EP 052
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      Preparatory phase in Parliament
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      Initiative
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      INI - Own-initiative procedure
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      6.10.05 Peace preservation, humanitarian and rescue tasks, crisis management