40 Amendments of Klaus BUCHNER related to 2016/0295(COD)
Amendment 27 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) With regard to human rights assessment criteria, it is appropriate to refer, among others, to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Charter of Fundamental Rights of the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the UN Human Rights Council Resolution on the Right to Privacy of 23 March 2017, the Guiding Principles on Business and Human Rights: Implementing the United Nations 'Protect, Respect and Remedy' Framework, the Report of the Special Rapporteur on the Right to Privacy of 24 March 2017, the Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism of 21 February 2017 and the case law of the European Court of Human Rights.
Amendment 28 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5 b) Whereas the Final Report on the EU Dual-Use Export Control Policy Review1a revealed that certain cyber- surveillance technologies exported from the Union have been connected to violations of a number of specific human rights such as the right to privacy, the freedom of expression, the freedom of association, the right to life, the freedom from arbitrary arrest and detention, the freedom from torture, inhuman treatment and degrading treatment and to this effect also the right to non-discrimination. It is therefore appropriate to assess in particular risks associated with these rights in the process of licensing the export of cyber-surveillance technology. _________________ 1aFinal Report. Data and information collection for EU dual-use export control policy review, SIPRI and Ecroys, 6 November 2015, pages 142-221, https://www.sipri.org/sites/default/files/fin al-report-eu-dualuse-review.pdf.
Amendment 29 #
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
(5 c) As stipulated in the User's Guide1a on Council Common Position 2008/944/CFSP1b one relevant factor in the assessment of serious human rights violations is the character, nature and consequences of the actual violation in question. Another major factor in the analysis is whether the competent bodies of the UN, the Union or the Council of Europe and other relevant human rights bodies have established that serious violations of human rights have taken place in the recipient country. In this respect it is not a prerequisite that these competent bodies explicitly use the term 'serious' themselves. It is sufficient that they establish that violations have occurred. Likewise, the absence of a decision by these bodies should not preclude Member States from the possibility of making an independent assessment as to whether such serious violations have occurred. Another factor in the analysis are the reports of civil society organisations and journalists, and the examination of the adequacy of legal safeguards against human rights abuses in the recipient country. _________________ 1aUser's Guide to Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment, page 46, http://data.consilium.europa.eu/doc/docu ment/ST-10858-2015-INIT/en/pdf. 1bCouncil Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (OJ L 335, 13.12.2008, p. 99).
Amendment 60 #
Proposal for a regulation
Article 2 – paragraph 22 a (new)
Article 2 – paragraph 22 a (new)
22 a. 'serious human rights violations' shall be understood to encompass all human rights violations, including in particular those human rights violations which concern 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 UN, 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 66 #
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(c a) for the benefit of an illegal occupation or annexation under international law;
Amendment 67 #
Proposal for a regulation
Article 4 – paragraph 1 – point c b (new)
Article 4 – paragraph 1 – point c b (new)
(c b) for a use which, either in the exporting country or in the country of destination, is illegal or where the country of destination has no legal framework which is compliant with international human rights law;
Amendment 106 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1 a. Member States shall not grant or shall revoke an individual or global export authorization or an authorisation for brokering services or technical assistance under this Regulation, if: (a) there is a serious risk the items could be used to violate human rights; (b) the legal framework or technical arrangements in the destination country fail to provide adequate safeguards against serious human rights abuse.
Amendment 116 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point d
Article 2 – paragraph 1 – point 2 – point d
(d) transmission of software or technology by electronic media, including by fax, telephone, electronic mail or any other electronic means to legal and natural persons and partnerships outside the Union;
Amendment 117 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
(b) which decides to transmit or make available software or technology by electronic media including by fax, telephone, electronic mail or by any other electronic means to legal and natural persons and partnerships outside the Union.
Amendment 145 #
Proposal for a regulation
Article 24 – paragraph 3
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. Member States shall also disclose publicly, in a timely and easily accessible manner, meaningful information on the volume, nature of equipment, and destination of their trade in dual-use items, as well as information regarding approved or denied exports, in order to enable appropriate oversight by elected representatives, independent bodies and the public. Human rights risk assessments undertaken by competent authorities and the corresponding statements by exporters regarding authorized or denied export licenses should also be made publicly available. All information referred to in this paragraph shall be published on the website of the national export licence authority or on a dedicated Union level website.
Amendment 149 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 – point e a (new)
Article 2 – paragraph 1 – point 21 – point e a (new)
(ea) software monitoring and predicting social conduct;
Amendment 174 #
Proposal for a regulation
Article 4 – paragraph 1 – point d a (new)
Article 4 – paragraph 1 – point d a (new)
(da) for a use which either in the exporting country or in the country of destination is illegal or where the country of destination has no legal framework which is compliant with international human rights standards;
Amendment 253 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3 – point d
Article 10 – paragraph 4 – subparagraph 3 – point d
(d) where known, the end-use and end- user of the dual-use items.
Amendment 333 #
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 2
Article 24 – paragraph 2 – subparagraph 2
3. Member States shall provide to the Commission all appropriate information for the preparation of the report. This annual report shall be public. Member States shall also disclose publically, in a timely and easily accessible manner, meaningful information on the volume, nature of equipment, and destination of their trade in dual-use items, as well as information regarding approved or denied exports, in order to enable appropriate oversight by elected representatives, independent bodies and the public. Human rights risk assessments undertaken by competent authorities and the corresponding statements by exporters regarding authorized or denied export licenses should also be made publically available. All information referred to in this paragraph shall be published on the website of the national export licence authority or on a dedicated Union level website.
Amendment 335 #
Proposal for a regulation
Article 24 – paragraph 3 – subparagraph 1
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. The evaluation shall include a proposal on the deletion of Cryptography from the Category 5, Part 2 of Annex 1.
Amendment 341 #
Proposal for a regulation
Article 25 – paragraph 1 – point d
Article 25 – paragraph 1 – point d
(d) where known, the end-use and end- user of the dual-use items.
Amendment 350 #
Proposal for a regulation
Annex I – Section A – category 0 – subcategory 0C – point 0C001 – point b
Annex I – Section A – category 0 – subcategory 0C – point 0C001 – point b
Amendment 351 #
Proposal for a regulation
Annex I – Section A – category 1 – subcategory 1C – point 1C236 – point c
Annex I – Section A – category 1 – subcategory 1C – point 1C236 – point c
c. Mixtures having a total activity of 3 GBq/kg (10,08 Ci/kg) or greater;
Amendment 368 #
Proposal for a regulation
Annex I – Section B – category 10 – point 10A001 – point a a (new)
Annex I – Section B – category 10 – point 10A001 – point a a (new)
aa. Equipment for the identification of persons or messages by way of key-word recognition in telephone communication,
Amendment 369 #
Proposal for a regulation
Annex I – Section B – category 10 – point 10A001 – point a b (new)
Annex I – Section B – category 10 – point 10A001 – point a b (new)
ab. Systems monitoring and predicting the social conduct of people,
Amendment 370 #
Proposal for a regulation
Annex I – Section B – category 10 – point 10A001 – Technical note – point e a (new)
Annex I – Section B – category 10 – point 10A001 – Technical note – point e a (new)
ea. Systems monitoring households by means of smart meters, that only transmit data regarding heat- and energy consumption and the corresponding time.
Amendment 372 #
Proposal for a regulation
Annex II – Section A – part 3 – paragraph 1 – point 1
Annex II – Section A – part 3 – paragraph 1 – point 1
(1) the exporter is aware, has grounds for suspecting or has been informed by the competent authority of the Member State in which he is resident or established that the items in question are or may be intended, in their entirety or in part, 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 or unmanned aerial vehicle systems (UAV) capable of delivering such weapons, or if the exporter is aware that the items in question are intended for such use;
Amendment 373 #
Proposal for a regulation
Annex II – Section A – part 3 – paragraph 1 – point 2
Annex II – Section A – part 3 – paragraph 1 – point 2
(2) the exporter is aware, has grounds for suspecting or has been informed by the competent authority of the Member State in which he is resident or established that the items in question are or may be intended for a military end use, or if the exporter is aware that the items in question are intended for the above mentioned use;
Amendment 376 #
Proposal for a regulation
Annex II – Section A – part 3 – paragraph 5 – point 4
Annex II – Section A – part 3 – paragraph 5 – point 4
(4) where known, the end-use and end- user of the dual-use items.
Amendment 378 #
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 379 #
Proposal for a regulation
Annex II – Section B – part 3 – paragraph 1 – point 1 – introductory part
Annex II – Section B – part 3 – paragraph 1 – point 1 – introductory part
(1) the exporter is aware, has grounds for suspecting or has been informed by the competent authority of the Member State in which he is resident or established that the items in question are or may be intended, in their entirety or in part:
Amendment 380 #
Proposal for a regulation
Annex II – Section B – part 3 – paragraph 1 – point 1 – point a
Annex II – Section B – part 3 – paragraph 1 – point 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 or unmanned aerial vehicle systems (UAV) capable of delivering such weapons;
Amendment 383 #
Proposal for a regulation
Annex II – Section B – part 3 – paragraph 5 – point 4
Annex II – Section B – part 3 – paragraph 5 – point 4
(4) where known, the end-use and end- user of the dual-use items.
Amendment 385 #
Proposal for a regulation
Annex II – Section C – part 3 – paragraph 2 – point 1 – introductory part
Annex II – Section C – part 3 – paragraph 2 – point 1 – introductory part
(1) the exporter is aware, has grounds for suspecting or has been informed by the competent authority of the Member State in which he is resident or established that the items in question are or may be intended, in their entirety or in part,
Amendment 386 #
Proposal for a regulation
Annex II – Section C – part 3 – paragraph 2 – point 1 – point a
Annex II – Section C – part 3 – paragraph 2 – point 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 or unmanned aerial vehicle systems (UAV) capable of delivering such weapons;
Amendment 389 #
Proposal for a regulation
Annex II – Section C – part 3 – paragraph 6 – point 4
Annex II – Section C – part 3 – paragraph 6 – point 4
(4) where known, the end-use and end- user of the dual-use items.
Amendment 391 #
Proposal for a regulation
Annex II – Section D – part 3 – paragraph 3 – point 1 – introductory part
Annex II – Section D – part 3 – paragraph 3 – point 1 – introductory part
(1) the exporter is aware, has grounds for suspecting or has been informed by the competent authority of the Member State in which he is resident or established that the items in question are or may be intended, in their entirety or in part:
Amendment 394 #
Proposal for a regulation
Annex II – Section D – part 3 – paragraph 7 – point 4
Annex II – Section D – part 3 – paragraph 7 – point 4
(4) where known, the end-use and end- user of the dual-use items.
Amendment 399 #
Proposal for a regulation
Annex II – Section F – part 3 – paragraph 1 – point 1 – introductory part
Annex II – Section F – part 3 – paragraph 1 – point 1 – introductory part
(1) the exporter is aware, has grounds for suspecting or has been informed by the competent authority of the Member State in which he is resident or established that the items in question are or may be intended, in their entirety or in part:
Amendment 402 #
Proposal for a regulation
Annex II – Section F – part 3 – paragraph 5 – point 4
Annex II – Section F – part 3 – paragraph 5 – point 4
(4) where known, the end-use and end- user of the dual-use items.
Amendment 403 #
Proposal for a regulation
Annex II – Section G – part 3 – paragraph 2 – point 1 – introductory part
Annex II – Section G – part 3 – paragraph 2 – point 1 – introductory part
(1) the exporter is aware, has grounds for suspecting or has been informed by the competent authority of the Member State in which he is resident or established that the items in question are or may be intended, in their entirety or in part:
Amendment 407 #
Proposal for a regulation
Annex II – Section G – part 3 – paragraph 8 – point 4
Annex II – Section G – part 3 – paragraph 8 – point 4
(4) where known, the end-use and end- user of the dual-use items.
Amendment 413 #
Proposal for a regulation
Annex II – Section H – part 3 – paragraph 2 – point 1 – introductory part
Annex II – Section H – part 3 – paragraph 2 – point 1 – introductory part
(1) the exporter is aware, has grounds for suspecting or has been informed by the competent authority of the Member State in which it is resident or established that the software and technology in question are or may be intended, in their entirety or in part:
Amendment 421 #
Proposal for a regulation
Annex II – Section J – part 3 – paragraph 1 – point 1 – introductory part
Annex II – Section J – part 3 – paragraph 1 – point 1 – introductory part
(1) the exporter is aware, has grounds for suspecting or has been informed by the competent authority of the Member State in which he is resident or established that the items in question are or may be intended, in their entirety or in part:
Amendment 424 #
Proposal for a regulation
Annex II – Section J – part 3 – paragraph 5 – point 4
Annex II – Section J – part 3 – paragraph 5 – point 4
(4) where known, the end-use and end- user of the dual-use items.