[ParlTrack]

Proposal for a regulation
Recital 3

(3) Articles 5, 6 and 7 of Regulation (EC) No 1236/2005 establish an export licensing system designed to pr~~even~~ohibit the relevant goods from being used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

2015/06/15
Committee: AFET

Georgios EPITIDEIOS

Proposal for a regulation
Recital 4

(4) These measures should not go beyond what is proportionate. They should, therefore, not prevent the export of medicinal products used for legitimate therapeutic purposes: it is sufficient to carry out strict controls for this purpose.

2015/06/15
Committee: AFET

Georgios EPITIDEIOS

Proposal for a regulation
Recital 5

(5) Given the different characteristics of capital punishment, on the one hand, and torture and other cruel, inhuman or degrading treatment or punishment on the other, it is appropriate to establish a specific export licensing system with a view to ~~pre~~avenrting the use of certain goods for capital punishment. Such a system should take into account the fact that a number of countries have abolished capital punishment for all crimes and have made an international commitment on this issue. As there is a risk of re-export to countries that have not done so, certain conditions and requirements should be imposed when authorising exports to countries that have abolished capital punishment. It is, therefore, appropriate to grant a general export authorisation for exports to those countries that have abolished capital punishment for all crimes and confirmed it with an international commitment.

2015/06/15
Committee: AFET

Georgios EPITIDEIOS

Proposal for a regulation
Recital 6

(6) If a country has not abolished capital punishment in this way, the competent authorities should, when examining a request for an export authorisation, check whether there is a risk that the end-user in the country of destination would use the exported goods for such punishment. AProvision should be made for appropriate conditions and requirements ~~should be imposed~~ to control sales or transfers to third parties by the end-user. If multiple shipments between the same exporter and end-user take place, the competent authorities should be allowed to review the status of the end-user on a periodic basis, e.g. every six months, rather than every time an authorisation is granted, without prejudice to their right to annul, suspend, modify or revoke an export authorisation in accordance with Article 9(4) of Regulation (EC) No 1236/2005 where warranted.

2015/06/15
Committee: AFET

Georgios EPITIDEIOS

Proposal for a regulation
Recital 7

(7) In order to limit the administrative burden for exporters the competent authorities should be allowed to grant an exporter a global authorisation for all shipments of medicinal products from the exporter to a specific end-user during a fixed period of time, specifying a quantity corresponding to the end-user’s normal use of the goods~~, where deemed necessary~~. Such authorisation would, in accordance with Article 9(1) of Regulation (EC) No 1236/2005 be valid for not more than twelve months with a possible extension of up to twelve months.

2015/06/15
Committee: AFET

Georgios EPITIDEIOS

Proposal for a regulation
Recital 10

(10) In order to limit the administrative burden for exporters the competent authorities should be allowed to grant an exporter a global authorisation in respect of goods that are controlled to prevent the relevant goods from being used for torture or for other cruel, inhuman or degrading treatment or punishment.deleted

2015/06/15
Committee: AFET

Georgios EPITIDEIOS

Proposal for a regulation
Recital 13

(13) Where controls on exports are applied, the provision of brokering services and the supply of technical assistance in relation to any of the listed goods should be prohibited, if the broker or supplier of technical assistance is aware that the relevant goods are or may be intended for capital punishment, when the controls are applied to prevent use for such punishment, or for torture or other cruel, inhuman or degrading treatment or punishment, when the controls are intended to prevent such use. An economic operator shall have grounds for suspecting that the goods are or may be intended for such non- legitimate use, inter alia, if a competent authority has informed it that the goods are or may be intended for such non- legitimate use,

2015/06/15
Committee: AFET

Georgios EPITIDEIOS

Proposal for a regulation
Recital 14

(14) In order to give economic operators and enforcement authorities some time to make the changes to their operational procedures that are needed to comply with and enforce these prohibitions, a short transitional period of 6 months should be defined.

2015/06/15
Committee: AFET

Georgios EPITIDEIOS

Proposal for a regulation
Recital 17

(17) In order to adopt the provisions necessary for the application of Regulation (EC) No 1236/2005, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Annexes I, II, III, IIIa, IIIb, IV and V to that Regulation. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work~~, including at expert level~~. The Commission, when preparing and drawing-up delegated acts, should ensure simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

2015/06/15
Committee: AFET

Georgios EPITIDEIOS

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

Regulation (EC) No 1236/2005
Article 2 – point a

a) ‘torture’ means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from that person or from a third person information or a confession, punishing that person for an act that either that person or a third person has committed or is suspected of having committed, or intimidating or coercing that person or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted either by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. It does not, however, include pain or suffering arising only from, inherent in or incidental to, lawful penalties, but includes pain or suffering caused by the cumulative effects of deficiencies of the conditions of detention, such as cramped conditions of accommodation, lack of hygiene or of medical care and assistance, denial of contacts with the outside world, or an impoverished detention regime, irrespective of any specific or positive intention to inflict pain or suffering by those who are in charge of the prison or other place of detention, even if a natural person is deprived of his liberty in accordance with the law. Capital punishment is not deemed a lawful penalty under any circumstances;

2015/06/15
Committee: AFET

Georgios EPITIDEIOS

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

Regulation (EC) No 1236/2005
Article 2 – point m

m) ‘supplier of technical assistance or service’ means any natural or legal person or partnership resident or established in a Member State of the Union that supplies technical assistance or any service defined under point (f) from the Union into the territory of a third country;

2015/06/15
Committee: AFET

Georgios EPITIDEIOS

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

Regulation (EC) No 1236/2005
Article 5 – paragraph 1 – subparagraph 1

1. For any export of goods listed in Annex III, an authorisation shall be required, irrespective of the origin of such goods. However, no authorisation shall be required for goods which only pass through the customs territory of the Union, namely those which are not assigned a customs approved treatment or use other than the external transit procedure under Article 91 of Council Regulation (EEC) No 2913/92, including storage of non-Union goods in a free zone of control type I or a free warehouse.

2015/06/15
Committee: AFET

Georgios EPITIDEIOS

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) No 1236/2005
Article 7a – paragraph 1

1. A broker shall be prohibited from providing to any person, entity or body in a third country brokering services in relation to goods listed in Annex III, irrespective of the origin of such goods, if the broker ~~knows or has grounds for suspecting~~has clear indications that any part of a shipment of such goods is or may be intended to be used for torture or other cruel, inhuman or degrading treatment or punishment in a country that does not belong to the customs territory of the Union.

2015/06/15
Committee: AFET

Georgios EPITIDEIOS