Activities of Sander LOONES related to 2016/0295(COD)
Plenary speeches (1)
Control of exports, transfer, brokering, technical assistance and transit of dual-use items (debate) NL
Amendments (37)
Amendment 111 #
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 usis designed for the commission of serious violations of human rights or international humanitarian law, or can pothe freedom of expression, the freedom of assembly and the right to privacy in countries where internal repression and the absence of functioning rule of law mechanisms is assessed a threat to international securitynd reported on by the Commission, or violations orf the essential security interestssecurity of the Union and its Member States.;
Amendment 136 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Amendment 161 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. An authorisation shall be required for the export of specific dual-use items not listed in Annex I to specific end-users if the exporter has been informed 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, that the items in question are or may be intended, in their entirety or in part:
Amendment 164 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
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;. For the purposes of this paragraph, 'military end-use' shall mean: (i) incorporation into military items listed in the military list of Member States; (ii) use of production, test or analytical equipment, and components therefor, for the development, production or maintenance of military items listed in the abovementioned list; (iii) use of any unfinished products in a plant for the production of military items list in the abovementioned list.
Amendment 169 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) for use by persons complicit in or responsible for directing or committing serious violations of human rights laws 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, orcountries where serious violations of human rights have been established by the competent bodies of the UN, the Council of Europe, the European Union 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 178 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) for use in connection with acts of terrorismby persons, groups and entities involved in terrorist acts and subject to restrictive measures as laid down in Common Position 2001/931/CFSP1a. _______________________ 1a Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93–96).
Amendment 184 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. If an exporter, under his obligation to exercise due diligence, is aware that dual-use items which he proposes to export, not listed in Annex I, are intended, in their entirety or in part, for any of the uses referred to in paragraph 1, he must notify the competent authority, which will decide whether or not it is expedient to make the export concerned subject to authorisation.
Amendment 192 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – 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.
Amendment 214 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2 – introductory part
Article 6 – paragraph 2 – subparagraph 2 – introductory part
Amendment 233 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Amendment 240 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Individual export authorisations and global export authorisations shall be valid for onetwo years, and may be renewed by the competent authority. Global export authorisations for large projects shall be valid for a duration to be determined by the competent authority.
Amendment 248 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3 – introductory part
Article 10 – paragraph 4 – subparagraph 3 – introductory part
Global export authorisations shall be subject to the implementation, by the exporter, of an effective internal compliance programme. The exporter shall also report to the competent authority, at least once a year, or on request of the competent authority, on the use of this authorisation; the report shall include at least the following information:
Amendment 257 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3 – point d a (new)
Article 10 – paragraph 4 – subparagraph 3 – point d a (new)
(da) the date on which the export took place;
Amendment 258 #
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 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).
Amendment 266 #
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. In deciding whether or not to grant an individual or global export authorisation or to grant an authorisation for brokering services or technical assistance under this Regulation, or to prohibit a transit, the competent authorities of the Member States shall take into account the following criteria all relevant considerations including:
Amendment 267 #
Proposal for a regulation
Article 14 – paragraph 1 – point a
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;
Amendment 269 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) respect for human rights intheir obligations under sanctions imposed by a decision or a common position adopted by the cCountry of final destination as well as respect by that country of international humanitarian lawcil or by a decision of the OSCE or by a binding resolution of the Security Council of the United Nations;
Amendment 271 #
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
Amendment 273 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
Amendment 275 #
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) considerations of national foreign and security policy, including security of Member States and of territories whose external relations those covered by Council Common Position 2008/944/CFSP1a defining common rules governing control of exports of militarey the responsibility of a Member State, as well as that of friendly and allied countries ;echnology and equipment; _______________________ 1aCouncil 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 277 #
Proposal for a regulation
Article 14 – paragraph 1 – point f
Article 14 – paragraph 1 – point f
(f) considerations about intended end use and the risk of diversion , including existence of a risk that the dual-use items will be diverted or re-exported under undesirable conditions .
Amendment 279 #
Proposal for a regulation
Article 14 – paragraph 1 – point f – point i (new)
Article 14 – paragraph 1 – point f – point i (new)
(i) the direct impact of the products on respect for human rights in the country of destination or of international humanitarian law by that country;
Amendment 280 #
Proposal for a regulation
Article 14 – paragraph 1 – point f – point ii (new)
Article 14 – paragraph 1 – point f – point ii (new)
(ii) diversion to unintended military end use;
Amendment 281 #
Proposal for a regulation
Article 14 – paragraph 1 – point f – point iii (new)
Article 14 – paragraph 1 – point f – point iii (new)
(iii) diversion to terrorism;
Amendment 282 #
Proposal for a regulation
Article 14 – paragraph 1 – point f – point iv (new)
Article 14 – paragraph 1 – point f – point iv (new)
(iv) possible re-export under undesirable conditions;
Amendment 286 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. In addition to the criteria set in paragraph 1, when assessing an application for a global export authorisation Member States shall take into consideration the application by the exporter of proportionate and adequate means and procedures to ensure compliance with the provisions and objectives of this Regulation and with the terms and conditions of the authorisation.
Amendment 302 #
Proposal for a regulation
Article 16 – paragraph 2 – point b
Article 16 – paragraph 2 – point b
(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 ofand serious violations of human rights or international humanitarian law or the essential security intereststhe freedom of expression, the freedom of assembly and the right to privacy in countries where internal repression and the absence of functioning rule of law mechanisms as listed by the Commission, or violations of the security of the Union and its Member States. Any such update should also take due account of the Union's and its Member States.' relevant international obligations and should happen in close consultation with industry;
Amendment 305 #
Proposal for a regulation
Article 16 – paragraph 2 – point b a (new)
Article 16 – paragraph 2 – point b a (new)
Amendment 314 #
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Member States, in cooperation with the Commission, shall take all appropriate measures to establish direct cooperation and exchange of information between the competent authorities with a view to enhance the efficiency of the Union export control regime and to ensure the consistent and effective implementation and enforcement of control throughout the EU. Such information shall includeMember States shall exchange the details of exporters deprived of the right to use the national or Union general export authorisations. Member States shall exchange, where available and relevant:
Amendment 315 #
Proposal for a regulation
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(a) information regarding the application of controls, including licensing data (number, value and types of licences and related destinations, number of users of general and global authorisations, number of operators with ICPs, processing times, volume and value of trade subject to intra-EU transfers etc), and, where available, data on exports of dual-use items carried out in other Member States;
Amendment 317 #
Proposal for a regulation
Article 20 – paragraph 2 – point b
Article 20 – paragraph 2 – point b
(b) information regarding the enforcement of controls, including details of exporters deprived of the right to use the national or Union general export authorisations 1 , reports of violations, seizures and the application of other penalties reports of violations;
Amendment 320 #
Proposal for a regulation
Article 20 – paragraph 2 – point c
Article 20 – paragraph 2 – point c
(c) data on sensitive end users, actors involved in suspicious procurement activities, and, where available, routes taken.
Amendment 321 #
Proposal for a regulation
Article 21 – paragraph 2
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.
Amendment 322 #
Proposal for a regulation
Article 21 – paragraph 3
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, includingthemes or issues relating to the updimplementationg of the Union control lists in Annex Icontrols. Technical expert groups shall, where appropriate, consult exporters, brokers, civil society organisations and other relevant stakeholders concerned by this Regulation.
Amendment 323 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Each Member State shall take appropriate measures to ensure proper enforcement of all the provisions of this Regulation. In particular, it shall lay down the penalties applicable to infringements, circumvention, and the facilitations of infringements of the provisions of this Regulation or of those adopted for its implementation. Those penalties must be effective, proportionate and dissuasive.
Amendment 327 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Dual-Use Coordination Group shall set up an Enforcement Coordination M mechanism with a view to establish direct cooperation and exchange of information between competent authorities and enforcement agencies.
Amendment 328 #
Proposal for a regulation
Article 23
Article 23