[ParlTrack]

Proposal for a regulation
Article 1 – paragraph 1

This Regulation sets up a Union regime for the control of exports, brokering , technical assistance, transit and transfer of dual-use items under the supervision of each Member State, this being a matter of national sovereignty.

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a

(a) items which can be used for the design, development, production or use of ~~nuclear,~~ chemical and biological weapons and their means of delivery, including all goods which can be used for both non- explosive uses and assisting in any way in the manufacture of nuclear weapons ~~or other nuclear explosive devices~~; responsibility for nuclear technology rests solely with the French national authorities, which means that the Union is not empowered to decide on the matter;

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 2 – paragraph 20

20. ‘military end-use’ shall mean: (a)incorporation into military items listed in the military list of Member States; (b)use of production, test or analytical equipment and components therefor, for the development, production or maintenance of military items listed in the abovementioned list; (c)use of any unfinished products in a plant for the production of military items listed in the abovementioned list;deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 2 – paragraph 20 – point a

~~(a) incorporation into military items listed in the military list of Member States;~~deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 2 – paragraph 20 – point b

~~(b) use of production, test or analytical equipment and components therefor, for the development, production or maintenance of military items listed in the abovementioned list;~~deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 2 – paragraph 20 – point c

~~(c) use of any unfinished products in a plant for the production of military items listed in the abovementioned list;~~deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 2 – paragraph 21 – introductory part

21.) 'cyber-surveillance technology' shall mean items specially designed to enable the covert intrusion into information and telecommunication systems with a view to monitoring, extracting, collecting and analysing data and/or incapacitating or damaging the targeted system. This includes items related to the following technology and equipment: - responsibility for these matters rests solely with the national authorities of each Member State and no decisions may be taken in their stead;

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices or the development, production, maintenance or storage of missiles capable of delivering such weapons;deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 4 – paragraph 1 – point b

~~(b) for a military end-use if the purchasing country or country of destination is subject to an arms embargo;~~deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 4 – paragraph nouveau4 – 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 immediately inform the other Member States and ~~the Commission~~ 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 30 working days.

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 4 – paragraph nouveau4 – 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". They shall inform their customs administration and other relevant national authorities about the authorisations requirements .deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 4 – paragraph nouveau4 – subparagraph 3

If objections are received from any consulted Member State, the requirement for authorisation shall be revoked unless the Member State which imposes the authorisation requirement considers that an export might prejudice its essential security interests. In that case, that Member State may decide to maintain the authorisation requirement. This should be notified to the Commission and the other Member States without delay.deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 4 – paragraph nouveau4 – subparagraph 4

~~The Commission and the Member States will maintain an updated register of authorisation requirements in place.~~deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 4 – paragraph nouveau5

~~new5. The provisions of Article 15(1), (2) and (5) to (7) shall apply to cases concerning dual-use items not listed in Annex I.~~deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 8 – paragraph 2

2. Member States shall notify the Commission and the other Member States of any measures adopted pursuant to paragraph 1 immediately after their adoption and indicate the precise reasons for the measures.deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 8 – paragraph 3

~~3. Member States shall also immediately notify the Commission and the other Member States of any modifications to measures adopted pursuant to paragraph 1.~~deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 8 – paragraph 4

~~4. The Commission shall publish the measures notified to it pursuant to paragraphs 2 and 3 in the C series of the Official Journal of the European Union.~~deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 9 – paragraph 3

3. A Member State which adopts legislation imposing such a requirement shall inform the Commission and the other Member States of the measures it has taken without delay . The Commission shall publish this information in the C series of the Official Journal of the European Union.deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 9 – paragraph 4

4. The measures pursuant to paragraphs 1 and 2 shall not involve the application of internal frontier controls within the Union , but solely controls which are performed as part of the normal control procedures applied in a non-discriminatory fashion throughout the territory of the Union .deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 9 – paragraph 5

5. Application of the measures pursuant to paragraphs 1 and 2 may in no case result in transfers from one Member State to another being subject to more restrictive conditions than those imposed for exports of the same items to third countries.deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2

~~All the authorisations shall be valid throughout the Union .~~deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 10 – paragraph 5

5. The competent authorities of the Member States shall process requests for individual or global authorisations within a period of time to be determined by national law or practice. The competent authorities shall provide to the Commission all information on the average times for processing applications for authorisations relevant for the preparation of the annual report referred to in Article 24(2).deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 10 – paragraph 6 – point b – paragraph 2

Member States shall notify the Commission immediately of any national general export authorisations issued or modified. The Commission shall publish these notifications in the C series of the Official Journal of the European Union;deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 11 – paragraph nouveau2

new2. Authorisations for brokering services and technical assistance shall be granted for a set quantity of specific items . The location of the items in the originating third country, the end-user and its exact location must be clearly identified. The authorisations shall be valid throughout the Union .deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2

~~If no objections are received within 10 working days, the Member State or States consulted shall be regarded as having no objection.~~deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 13 – paragraph 2

2. If an export might prejudice its essential security interests, a Member State may request another Member State not to grant an export authorisation or, if such authorisation has been granted, request its annulment, suspension, modification or revocation. The Member State receiving such a request shall immediately engage in consultations of a non-binding nature with the requesting Member State, to be terminated within 10 working days. ~~In case the requested Member State decides to grant the authorisation, this should be notified to the Commission and other Member States using the electronic system mentioned in Article 20(3).~~

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 14 – paragraph 1 – point a

(a) ~~Union and~~ Member States’ international obligations and commitments, in particular the obligations and commitments they have each accepted as members of the relevant international non- proliferation regimes and export control arrangements, or by ratification of relevant international treaties and their obligations under sanctions imposed by 2 a decision or a common position adopted by ~~the Council or by~~ a decision of the OSCE or by a binding resolution of the Security Council of the United Nations;

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 14 – paragraph 2

2. The Commission and the Council shall make available guidance and/or recommendations to ensure common risk assessments by the competent authorities of the Member States for the implementation of those criteria.deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 15 – paragraph 1

1. The competent authorities of the Member States, acting in accordance with this Regulation, may refuse to grant an export authorisation and may annul, suspend, modify or revoke an export authorisation which they have already granted. Where they refuse, annul, suspend, substantially limit or revoke an export authorisation or when they have determined that the intended export is not to be authorised, they shall notify the competent authorities of the other Member States and the Commission thereof and share the relevant information with them. In case the competent authority of a Member State has suspended an export authorisation, the final assessment shall be communicated to the competent authorities of the other Member States ~~and the Commission~~ at the end of the period of suspension.

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 15 – paragraph 3

3. The competent authorities of the Member States shall notify the Member States ~~and the Commission~~ of their decisions to prohibit a transit of dual-use items taken under Article 6 without delay. These notifications will contain all relevant information including the classification of the item, its technical parameters, the country of destination and the end user.

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 15 – paragraph 5

5. Before the competent authority of a Member State, acting under this Regulation, grants an authorisation for export or brokering services or technical assistance, or decides on a transit, it shall examine all valid denials or decisions to prohibit a transit of dual-use items listed in Annex I taken under this Regulation to ascertain whether an authorisation or a transit has been denied by the competent authorities of another Member State or States for an essentially identical transaction (meaning an item with essentially identical parameters or technical characteristics to the same end user or consignee). It shall first consult the competent authorities of the Member State or States which issued such denial(s) or decisions to prohibit the transit as provided for in paragraphs 1 and 3. If following such consultation the competent authority of the Member State decides to grant an authorisation or allow the transit, it shall notify the competent authorities of the other Member States ~~and the Commission,~~ providing all relevant information to explain the decision.

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 16 – paragraph 1

~~1. The power to adopt~~ delegated ~~acts is conferred on the Commission subject to the conditions laid down in this Article.~~

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 16 – paragraph 2

~~2. The Commission shall be empowered to adopt~~ delegated acts in order to amend the lists of dual-use items set out in Annex I and Section B of Annex IV, as follows: new (a)The list of dual-use items set out in Section A of Annex I shall be amended in conformity with the relevant obligations and commitments, and any modification thereof, that Member States and the Union have accepted as members of the international non- proliferation regimes and export control arrangements, or by ratification of relevant international treaties. Where the amendment of Section A of Annex I concerns dual-use items which are also listed in Annexes II and IV, Section B, those Annexes shall be amended accordingly. (b)The list of dual-use items set out in Section B of Annex I may be amended if this is necessary due to risks that the export of such items may pose as regards the commission of serious violations of human rights or international humanitarian law or the essential security interests of the Union and its Member States. (c)The list of dual-use items set out in Section B of Annex IV, which is a subset of Section A of Annex I, shall be amended with regard to Article 36 of the Treaty on the Functioning of the European Union , namely the public policy and public security interests of the Member States.

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 16 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated acts to amend Annex II by adding or removing items or destinations from the scope of Union general export authorisations set out in Annex II in consideration of the criteria set out in Article 14 . Where imperative grounds of urgency require a removal of particular destinations from the scope of a Union general export authorisation, the procedure provided for in Article 17 shall apply to delegated acts adopted pursuant to this paragraph.

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 16 – paragraph 4

~~4. The power to adopt~~ delegated acts referred to in this Article shall be conferred on the Commission for a period of five years from the entry into force of this Regulation . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 16 – paragraph 5

5. The delegation of power referred to in this Article may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 16 – paragraph 6

~~6. Before adopting a~~ delegated ~~act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-Institutional Agreement on Better Law-Making of 13 April 2016.~~

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 16 – paragraph 7

~~7. As soon as it adopts a~~ delegated ~~act, the Commission shall notify it simultaneously to the European Parliament and to the Council.~~

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 16 – paragraph 8

~~8. A~~ delegated act adopted pursuant to this Article shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 17

1.Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 2.Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in this Article . In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.Article 17 deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – introductory part

Member States shall inform the ~~Commission without delay~~other Member States of the laws, regulations and administrative provisions adopted in implementation of this Regulation, including:

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2

~~The Commission shall forward the information to the other Member States and shall publish the information in the C series of the Official Journal of the European Union.~~deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1

Member States~~, in cooperation with the Commission,~~ shall take all appropriate measures to establish direct cooperation and exchange of information between the competent authorities

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 20 – paragraph 3

3. A secure and encrypted system shall be developed by the ~~Commission, in consultation with the Dual-Use Coordination Group set up pursuant to Article 21,~~Member States to support direct cooperation and exchange of information between the competent authorities of the Member States ~~and the Commission.~~ The system shall be connected, where appropriate, to the electronic licensing systems of the competent authorities of the Member States. The European Parliament shall be informed about the system’s budget, development and functioning.

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 20 – paragraph nouveau4

new4. The processing of personal data shall be in accordance with the rules laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data22 and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data23 . Personal data shall be used by the competent authorities of the Member States and the Commission only for the purpose of implementation and enforcement of this Regulation and in light of its objectives. These data shall be retained for the duration of the measures adopted by the competent authorities of the Member States pursuant to this Regulation and their renewal or amendment. _________________ 22 OJ L 281, 23.11.1995, p. 31. 23 OJ L 8, 12.1.2001, p. 1.deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 21 – paragraph 1

1. A Dual-Use Coordination Group chaired by a representative of the Commission shall be set up. Each Member State shall appoint a representative to this 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.deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 21 – paragraph 2

~~2. The Chair of the Dual-Use Coordination Group shall, whenever it considers it to be necessary, consult exporters, brokers and other relevant stakeholders concerned by this Regulation.~~deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 21 – paragraph 3

3. The Dual-Use Coordination Group shall, where appropriate, set up technical expert groups composed of experts from Member States to examine specific issues relating to the implementation of controls, including issues relating to the updating of the Union control lists in Annex I. Technical expert groups shall, where appropriate, consult exporters, brokers and other relevant stakeholders concerned by this Regulation.deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 22 – paragraph 2

2. The Dual-Use Coordination Group shall set up an Enforcement Coordination Mechanism with a view to establish direct cooperation and exchange of information between competent authorities and enforcement agencies.deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 24 – paragraph 1

1. The Commission and the Council shall, where appropriate, make available guidance and/or recommendations for best practices for the subjects referred to in this Regulation to ensure the efficiency of the Union export control regime and the consistency of its implementation . The competent authorities of the Member States shall also, where appropriate, provide complementary guidance for exporters, brokers and transit operators resident or established in that Member State.deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 24 – paragraph nouveau2

new2. The Commission shall submit an annual report to the European Parliament and the Council on the implementation and enforcement of controls in the Union and on the activities, examinations and consultations of the Dual-Use Coordination Group.deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 24 – paragraph 3

~~new Member States shall provide to the Commission all appropriate information for the preparation of the report. This annual report shall be public.~~deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 24 – paragraph 3 – subparagraph 1

Between five and seven years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and report on the main findings to the European Parliament, the Council and the European Economic and Social Committee.deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 24 – paragraph 3 – subparagraph 2

~~Member States shall be involved in this exercise and shall provide the Commission with necessary information for the preparation of that report.~~deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 27 – paragraph 1

1. The ~~Commission and the competent authorities of the~~ Member States shall, where appropriate, maintain regular and reciprocal exchange of information with third countries.

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1

Without prejudice to the provisions on mutual administrative assistance agreements or protocols in customs matters concluded between the Union and third countries, the Council may authorise the Commission to negotiate with third countries agreements providing for the mutual recognition of export controls of dual-use items covered by this Regulation and in particular: (a)to eliminate authorisation requirements for re-exports within the territory of the Union; (b)to enable the post-shipment verification of exports in third countries; (c)to develop end-user verification programmes for trusted end-users in third countries.deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 2

These negotiations shall be conducted in accordance with the procedures established in Article 207(3) of the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, as appropriate.deleted

2017/05/09
Committee: AFET

Jean-Luc SCHAFFHAUSER

Proposal for a regulation
Article 28 – paragraph 1

~~This Regulation is without prejudice to the Commission D~~delegated ~~Decision of 15 September 2015 supplementing Decision No 1104/2011/EU of the European Parliament and of the Council.~~

2017/05/09
Committee: AFET

58 Amendments of Jean-Luc SCHAFFHAUSER related to 2016/0295(COD)

ParlTrack - 2011-2024