Activities of Javier COUSO PERMUY related to 2014/0005(COD)
Plenary speeches (2)
Trade in certain goods which could be used for capital punishment, torture or other treatment or punishment (A8-0267/2015 - Marietje Schaake) ES
Trade in certain goods which could be used for capital punishment, torture or other treatment or punishment (A8-0267/2015 - Marietje Schaake) ES
Amendments (16)
Amendment 22 #
Proposal for a regulation
Recital 5
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 preventing 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 and guaranteed 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.
Amendment 24 #
Proposal for a regulation
Recital 6
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. 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. In the case of countries that have not abolished capital punishment and that have signed association agreements with the European Union, the Union authorities should review those agreements in the light of the requirement agreed to by the parties that human rights be respected.
Amendment 27 #
Proposal for a regulation
Recital 8
Recital 8
(8) Granting a global authorisation would also be appropriate where a manufacturer needs to export medicinal products controlled by Regulation (EC) No 1236/2005 to a distributor in a country that has not abolished capital punishment, providedsolely when both the exporter and the distributor have concluded a legally binding agreement requiring the distributor to apply an appropriate set of measures ensuring that the medicinal products will not be used for capital punishment in a direct or indirect manner.
Amendment 29 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The European Union code of conduct on arms exports stipulates that Member States will not export arms that might be used for internal repression, including torture and other cruel, inhuman or degrading treatment or punishment.
Amendment 32 #
Proposal for a regulation
Recital 15
Recital 15
(15) It is appropriate to make it compulsory for customs authorities to share certain information with other customs authorities and, when they detect prohibited exports or imports of goods or exports of goods for which the required authorisation has not been granted, to inform the relevant authorities with a view to imposing penalties on the economic operator that committed the infringement.
Amendment 35 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 1236/2005
Article 2 – point a
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, isolation, threats, humiliation 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 the 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;
Amendment 37 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 1236/2005
Article 2 – point b
Article 2 – point b
(b) ”other cruel, inhuman or degrading treatment or punishment' means any act by which severe pain or suffering, whether physical or mental, is inflicted on a person, 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, isolation, threats, humiliation 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;
Amendment 38 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1236/2005
Article 2 – point k – subparagraph 2
Article 2 – point k – subparagraph 2
For the purposes of this Regulation the sole provision of ancillary services is exincluded fromin this definition. Ancillary services are transportation, financial services, insurance or re-insurance, or general advertising or promotion;
Amendment 39 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1236/2005
Article 2 – point 1
Article 2 – point 1
(l) “"broker' means any natural or legal person or partnership resident or established in a Member State of the Unionr a national of a Member State that carries out services defined under point (k) from the Union into the territory of a third country;
Amendment 40 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1236/2005
Article 2 – point m
Article 2 – point m
(m) ”supplier of technical assistance' means any natural or legal person or partnership resident or established in a Member State of the Union that supplies technical assistance defined under point (f) from the Union into the territory of a third country;
Amendment 43 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1236/2005
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
For any export of goods listed in Annex III, an authorisation shall be required, irrespective of the origin of such goods. However, noA transit authorisation shall also 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 warehouselisted in Annex III, even for goods that are in transit through the customs territory of the Union.
Amendment 51 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1236/2005
Article 7b – paragraph 1 – subparagraph 1
Article 7b – paragraph 1 – subparagraph 1
An authorisation shall be required for any export of goods listed in Annex IIIa, irrespective of the origin of such goods. However, noA transit authorisation ishall 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.;
Amendment 53 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1236/2005
Article 7c – paragraph 3.1
Article 7c – paragraph 3.1
3.1. If the manufacturer of a medicinal product containing any active substance listed in Annex IIIa requests an authorisation for exporting such product to a distributor in a third country, the competent authority shall make an assessment of the contractual arrangements made by the exporter and the distributor and the measures that they, as well as potential end-users, namely authorities, are taking to ensure that the medicinal products will not be used for capital punishment.
Amendment 55 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1236/2005
Article 7d – paragraph 3.2
Article 7d – paragraph 3.2
3.2. If an authorisation is requested for exporting goods listed in Annex IIIa to an end-user in a third country, the competent authority shall assess the risk of diversion taking into account the contractual arrangements that apply and the end-use statement signed by the end-user, if such a statement is provided. If no end-use statement is provided, it shall be up to the exporter to demonstrate who will be the end-user and what use will be made of the goods. If the exporter fails to provide sufficient information to assess the risk of diversion, the competent authority ishall be deemed to have reasonable grounds for believing that the goods might be used for capital punishment and hence will automatically decline the authorisation request.
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1236/2005
Article 7d – paragraph 2
Article 7d – paragraph 2
2. A supplier of technical assistance shall be prohibited from supplying to any person, entity or body in a third country technical assistance in relation to goods listed in Annex IIIa, irrespective of the origin of such goods, if the supplier of technical assistance knows or has grounds for suspecting that some or all of the relevant goods are or may be intended to be used for capital punishment in a country that does not belong to the customs territory of the Union. Additionally, the supplier of technical assistance is prohibited from giving instructions, advice, training, or transmitting knowledge and/or skills that could aid judicial executions.
Amendment 61 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1236/2005
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Applicants shall supply the competent authorities with all relevant information required for their applications for an individual or global export authorisation or for an individual import authorisation so that the competent authorities have complete information in particular on the end-user, the country of destination and the end-use of the goods. The authorisation mayust be subject to an end-use statement, if appropriate.