45 Amendments of Franck PROUST related to 2016/0295(COD)
Amendment 61 #
Proposal for a regulation
Recital 5
Recital 5
(5) Considering the emergence ofertain cyber-surveillance items can be considered as new categories of dual-use items, and in response to calls from the European Parliament and indications that certain cyber-surveillance itechnologiems 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 moralitems. These measures should not go beyond what is proportionate and should be based on clearly defined criteria. 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 67 #
Proposal for a regulation
Recital 6
Recital 6
(6) As a result, it is also appropriate to revise the definition of dual-use items, and to introduce a definition of cyber- surveillance itechnologyms. It should also be clarified that assessment criteria for the control of exports of dual-uscyber-surveillance items include considerations regarding their possibleintended misuse in connection with acts of terrorism or human rights violations.
Amendment 82 #
Proposal for a regulation
Recital 14
Recital 14
(14) A standard requirement and definition, description and a possibility of being certified in order to obtain incentives in the authorization process from the national competent authorities, for compliance in the form of "internal compliance programmes" should be introduced in order to contribute to the level-playing field between exporters and to enhance the effective application of controls. For reasons of proportionality, this requirement should apply to specific control modalities in the form of global authorisations and certain general export authorisations.
Amendment 88 #
Proposal for a regulation
Recital 17
Recital 17
(17) Decisions to update the common list of dual-use items subject to export controls in Section A of Annex I should be in conformity with the obligations and commitments that Member States and the Union have accepted as members of the relevant international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties. Decisions to update the common list of dual-use items subject to export controls in Section B of Annex I, such as cyber-surveillance technology, should be made in consideration of the risks that the export of such items may pose as regards the commission of serious and systematic violations of human rights or international humanitarian law or the essential security interests of the Union and its Member States. Decisions to update the common list of dual-use items subject to export controls in Section B of Annex IV should be made in consideration of the public policy and public security interests of the Member States under Article 36 of the Treaty on the Functioning of the European Union. Decisions to update the common lists of items and destinations set out in Sections A to J of Annex II should be made in consideration of the assessment criteria set out in this Regulation.
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation sets up a Union regime for the control of exports, support, brokering , technical assistance, monitoring, transit and transfer of dual-use items.
Amendment 124 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘broker’ shall mean any natural or legal person or partnership resident or established in a Member State of the Union , or a legal person or partnership owned or controlled by such person, or another person that carries out brokering services from the Union into the territory of a third country;
Amendment 126 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘supplier of technical assistance’ means any natural or legal person or partnership resident or established in a Member State of the Union, or a legal person or partnership owned or controlled by such person, or another person which supplies technical assistance from the Union into the territory of a third country;
Amendment 133 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13. 'large project authorisation' shall mean a global export authorisation granted to one specific exporter, in respect of a type or category of dual-use item which may be valid for exports to one or more specified end users in one or more specified third countries for the duration of a specified project the realisation of which exceeds one year;
Amendment 139 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Amendment 140 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
21. 'cyber-surveillance technology' shall mean items specially designed to enable the covert intrusion into information and telecommunication systems with a view to monitoring, exfiltracting, collecting and analysing data and/or incapacitating or damaging the targeted system. This includes items related to the following technology and equipment: (a) mobile telecommunication interception equipment; (b) intrusion software; (c) monitProducts shall be specifically defined and listed in a dedicated category of Annex 1 according centers; (d) lawfulto the intercepnation systems and data retention systems (e) digital forensics;al export control regimes including Wassenaar.
Amendment 142 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point a
Article 2 – paragraph 1 – point 21 – point a
Amendment 143 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point b
Article 2 – paragraph 1 – point 21 – point b
Amendment 144 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point c
Article 2 – paragraph 1 – point 21 – point c
Amendment 145 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point d
Article 2 – paragraph 1 – point 21 – point d
Amendment 146 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point e
Article 2 – paragraph 1 – point 21 – point e
Amendment 150 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – subparagraph 1 a (new)
Article 2 – paragraph 1 – point 21 – subparagraph 1 a (new)
However, 'cyber surveillance technology' shall not mean items specially designed for any of the following: (a) billing; (b) data collection functions within network elements (e.g. Exchange or HLR;) (c) marketing purposes; (d) quality of service of the network (QoS); (e) user satisfaction (Quality of Experience - QoE); (f) operations at telecommunications companies; (g) network protection (e.g. firewalls);
Amendment 152 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
22. 'internal compliance programme' (ICP) shall mean effective, appropriate and proportionate means and procedures (risk based approach), including the development, implementation, and adherence to standardised operational compliance policies, procedures, standards of conduct, and safeguards, developed by exporters to ensure compliance with the provisions and with the terms and conditions of authorisations set out in this Regulation; the exporter shall have the possibility, on a voluntary basis, to have its ICP certified for free by the Commission in cooperation with the industry on the basis of an agreed "reference ICP", in order to obtain incentives in the authorization process from the national competent authorities;
Amendment 158 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. An authorisation shall be required for the export of the dual-use items listed in Section A of Annex I.
Amendment 162 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. An authorisation shall be required for the export of dual-use items not listed in Annex I if the exporter has been informed by the competent authority of the Member State in which he is established that the items in question are or may be intended, in their entirety or in part:
Amendment 167 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 177 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 182 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. If an exporter, under his obligation to exercise due diligence, is aware that dual-use items which he proposes to export, not listed in Annex I, are intended, in their entirety or in part, for any of the uses referred to in paragraph 1, he must notify the national competent authority , which will decide whether or not it is expedient to make the export concerned subject to authorisation.
Amendment 187 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Authorisations for the export of non-listed items shall be granted for specific items and end-users. The authorisations shall be granted by the competent authority of the Member State where the exporter is resident or established or, in case when the exporter is a person resident or established outside the Union, by the competent authority of the Member State where the items are located. The authorisations shall be valid throughout the Union. The authorisations shall be valid for onthree years, and may be renewed by the competent authority. The competent authority may however issue an authorisation for a shorter period under extraordinary circumstances and for compelling reasons if it is necessary when assessing the criteria in Article 14.
Amendment 189 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Authorisations for the export of non-listed items shall be granted for specific items and end-users. The authorisations shall be granted by the competent authority of the Member State where the exporter is resident or established or, in case when the exporter is a person resident or established outside the Union, by the competent authority of the Member State where the items are located. The authorisations shall be valid throughout the Union. The authorisations shall be valid for onthree year,s and may be renewed by the competent authority.
Amendment 194 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
A Member State which imposes an authorisation requirement, in application of paragraphs 1, 2 and 3 on the export of a dual-use item not listed in Annex I, shall, unless it would prejudice its national security interests, immediately inform the other Member States and, the Commission, and the exporter and provide them with the relevant information, in particular concerning the items and end- users concerned. The other Member States shall give all due consideration to this information and shall make known within 10 working days any objections they may have to the imposition of such an authorisation requirement. In exceptional cases, any Member State consulted may request an extension of the 10-day period. However, the extension may not exceed 320 working days.
Amendment 199 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
If no objections are received, the Member States consulted shall be considered to have no objection and shall impose authorisations requirements for all "essentially similar transactions"this dual- use item. They shall inform their customs administration and other relevant national authorities about the authorisations requirements.
Amendment 209 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
The regulation does not apply to the supply of services or training if it involves cross-border movement of persons.
Amendment 225 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. A Member State may prohibit or impose an authorisation requirement on the export of dual-use items not listed in Annex I for reasons of public security or terrorism or for human rights considerations.
Amendment 237 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Individual export authorisations and global export authorisations shall be valid for onthree years, 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 on the basis of the duration proposed by the exporter.
Amendment 245 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Authorisations may be subject, if appropriate and possible, to an end-use statement.
Amendment 247 #
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 which can be certified for free on a voluntary basis by the Commission with the cooperation of the industry, on the basis of a reference ICP established by the Commission in order to obtain incentives in the authorization process from the national competent authorities. 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 256 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3 – point d a (new)
Article 10 – paragraph 4 – subparagraph 3 – point d a (new)
(da) the name and address of the nominated users if any.
Amendment 262 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 289 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Commission and the Council shall make available guidance and/or recommendations to ensure common risk assessments (risk-based approach) by the competent authorities of the Member States for the implementation of those criteria.
Amendment 374 #
Proposal for a regulation
Annex II – Section A – part 3 – paragraph 3
Annex II – Section A – part 3 – paragraph 3
3. Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authority ies to the exporter within tenout delay and in any case within 10 working days of receipt.
Amendment 375 #
Proposal for a regulation
Annex II – Section A – part 3 – paragraph 4
Annex II – Section A – part 3 – paragraph 4
4. The registered exporter shall notify the first use of this authorisation to the competent authority of the Member State where he is resident or established, no later than 130 days beforeafter the date ofwhen the first export took place.
Amendment 381 #
Proposal for a regulation
Annex II – Section B – part 3 – paragraph 3
Annex II – Section B – part 3 – paragraph 3
3. Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 387 #
Proposal for a regulation
Annex II – Section C – part 3 – paragraph 4
Annex II – Section C – part 3 – paragraph 4
4. Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 392 #
Proposal for a regulation
Annex II – Section D – part 3 – paragraph 5
Annex II – Section D – part 3 – paragraph 5
5. Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 396 #
Proposal for a regulation
Annex II – Section E – part 3 – paragraph 3
Annex II – Section E – part 3 – paragraph 3
3. Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 400 #
Proposal for a regulation
Annex II – Section F – paragraph 3
Annex II – Section F – paragraph 3
3. Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 404 #
Proposal for a regulation
Annex II – Section G – part 3 – paragraph 6
Annex II – Section G – part 3 – paragraph 6
6. Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 415 #
Proposal for a regulation
Annex II – Section H – part 3 – paragraph 5 – subparagraph 1
Annex II – Section H – part 3 – paragraph 5 – subparagraph 1
Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 419 #
Proposal for a regulation
Annex II – Section I – part 3 – paragraph 3 – subparagraph 1
Annex II – Section I – part 3 – paragraph 3 – subparagraph 1
Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. . Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.
Amendment 422 #
Proposal for a regulation
Annex II – Section J – part 3 – paragraph 3
Annex II – Section J – part 3 – paragraph 3
3. Any exporter intend Member State may require exporters established ing to use this authorisation shallhat Member State to register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authorityies to the exporter without delay and in any case within 10 working days of receipt.