Activities of Tiziana BEGHIN related to 2016/0295(COD)
Plenary speeches (1)
Control of exports, brokering, technical assistance, transit and transfer of dual-use (debate)
Amendments (20)
Amendment 66 #
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 technology. It should also be clarified that assessment criteria for the control of exports of dual-use items should be publicly available and easily accessible and include considerations regarding their possible misuse in connection with acts of terrorism or human rights violations.
Amendment 71 #
Proposal for a regulation
Recital 7
Recital 7
(7) Transmission of dual-use software and technology by means of electronic media, fax or telephone to destinations outside the Union should also be controlled. In order to limit the administrative burden for exporters and the competent authorities of the Member States, the definition of export should however be revised to exclude transmissions which do not pose a grave risk of proliferation or other misuse covered by this Regulation.
Amendment 96 #
Proposal for a regulation
Recital 25
Recital 25
(25) Outreach to the private sector, in particular to SMEs, and transparency are essential elements for an effective export control regime. It is therefore appropriate to provide for the continued development of guidance to support the application of this Regulation and for the publication of an annual report on the implementation of controls, in line with current practice.
Amendment 98 #
Proposal for a regulation
Recital 27
Recital 27
(27) Each Member State should determine effective, proportionate and dissuasive penalties applicable in the event of breach of the provisions of this Regulation. These penalties should be, as far as possible, harmonised between the Member States to ensure coherence of application of this Regulation. It is also appropriate to introduce provisions to tackle specifically instances of illicit trafficking of dual-use items in order to support effective enforcement of controls.
Amendment 100 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Whereas harmonisation of custom controls should be sought as different custom practices in the Union may impact trade in dual-use items;
Amendment 113 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) cyber-surveillance technology which can be used for the commission of serious violations of human rights or international humanitarian law, or can pose a threat to international security or the essential security interests of the Union and its Member States.
Amendment 153 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22 a (new)
Article 2 – paragraph 1 – point 22 a (new)
(22a) 'Serious human rights violations' shall be understood to encompass the right to privacy, the freedom of expression, the freedom of association, the right to non-discrimination, the right to life, the freedom from arbitrary arrest and detention and the freedom from torture, inhuman treatment and degrading treatment which are most commonly violated by surveillance. Relevant factors in the assessment shall be: (a) the character, nature and consequences of the actual violation in question; (b) systematic and/or widespread violations of human rights underlining the seriousness of the human rights situation; (c) whether the competent bodies of the United Nations, the Union or the Council of Europe or others have established that serious violations of human rights have taken place in the recipient country, or (d) the adequacy of domestic legal safeguards in the recipient country to prevent human rights abuses.
Amendment 172 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) for use by natural or legal 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 in the country of final destination, as identified by relevant public international institutions, or European or national competent authorities, and where there is evidence of the use of this or similar items for directing or implementing such serious violations by the proposed end-user;
Amendment 180 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) for use in connection with acts of terrorism and international espionage.
Amendment 188 #
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 one year, and may be renewed by the competent authority. Authorizations shall be denied where exports violate the right to privacy through the arbitrary interception of communications.
Amendment 226 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Member States shall examine risk assessments conducted by businesses under Article 4(2) and also independently examine the risks posed by dual-use items, and shall impose an authorization requirement if a dual-use item poses a risk to human rights, as defined in Article 4(1)(d).
Amendment 227 #
Proposal for a regulation
Article 8 – paragraph 2
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. They shall also make this information publicly available by means of readily accessible media, such as a dedicated website.
Amendment 228 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Member States shall disclose information regarding the adopted measures, listing approvals or denials of exports and the volume, value, nature of equipment and destination of their trade in dual-use items;
Amendment 259 #
Proposal for a regulation
Article 10 – paragraph 5
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 prachirty days after the duly filled application has been received, if more time is needed by the competent authority proper justification shall be provided to the applicant in reasonable ticme. 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).
Amendment 285 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Member States shall not grant an individual or global export authorisation or an authorisation for brokering services or technical assistance under this Regulation where there is evidence of use of the a dual-use item or technology in connection with violation of human rights, including violation of the right to privacy and arbitrary interception of communication. They shall also prohibit the transit of such items or technology through the Union territory;
Amendment 377 #
Proposal for a regulation
Annex II – Section B – part 2 – paragraph 1 – indent 4
Annex II – Section B – part 2 – paragraph 1 – indent 4
Amendment 384 #
Proposal for a regulation
Annex II – Section C – part 2 – paragraph 1 – indent 20
Annex II – Section C – part 2 – paragraph 1 – indent 20
Amendment 390 #
Proposal for a regulation
Annex II – Section D – part 2 – paragraph 1 – indent 19
Annex II – Section D – part 2 – paragraph 1 – indent 19
- Tunisia, Turkey
Amendment 395 #
Proposal for a regulation
Annex II – Section E – part 2 – paragraph 1 – indent 7
Annex II – Section E – part 2 – paragraph 1 – indent 7
Amendment 398 #
Proposal for a regulation
Annex II – Section F – part 2 – paragraph 1 – indent 3
Annex II – Section F – part 2 – paragraph 1 – indent 3