Activities of David MARTIN related to 2016/0295(COD)
Plenary speeches (1)
Control of exports, transfer, brokering, technical assistance and transit of dual-use items (debate)
Amendments (26)
Amendment 33 #
Proposal for a regulation
Recital 15
Recital 15
(15) Additional Union general export authorisations should be introduced in order to reduce administrative burden on companies, especially SMEs, and authorities while ensuring an appropriate level of control of the relevant items to the relevant destinations. A global authorisation for large projects should also be introduced to adapt licensing conditions to the peculiar needs of industry.
Amendment 37 #
Proposal for a regulation
Recital 21
Recital 21
(21) Pursuant to and within the limits of Article 36 of the Treaty on the Functioning of the European Union and pending a greater degree of harmonisation, Member States retain the right to carry out controls on transfers of certain dual-use items within the Union in order to safeguard public policy or public security. For reasons of proportionality, controls on the transfer of dual-use items within the Union should be revised in order to minimise the burden for companies, especially SMEs, and authorities. Moreover, the list of items subject to intra- Union transfer controls in Section B of Annex IV should be periodically reviewed in light of technological and commercial developments and as regards the assessment of the sensitivity of transfers .
Amendment 38 #
Proposal for a regulation
Recital 29
Recital 29
(29) Export controls have an impact on international security and trade with third countries and it is therefore appropriate to develop dialogue and cooperation with third countries in order to support a global level-playing field and enhance international security. As Member States make up the majority of signatories to the Wassenaar Arrangement, setting high standards at Union level can also have positive knock-on effects on global standards.
Amendment 44 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) cyber-surveillance technology items which can facilitate violations of human rights such as the right to privacy, freedom of expression and freedom of assembly and be used for the commission of serious violations of human rights law or international humanitarian law, or can pose a threat to international security or the essential security interests of the Union and its Member States., as previously assessed and reported by the Commission;
Amendment 54 #
Proposal for a regulation
Article 2 – paragraph 21 – introductory part
Article 2 – paragraph 21 – introductory part
21. 'cyber-surveillance technology' shall mean items specially designed to enable the covert intrusion into information and telecommunication systems with a view to monitoring, extracting, collecting and analysing data and/or incapacitating or damaging the targeted system. This includes items related to the following technology and equipment with the exception of:
Amendment 55 #
Proposal for a regulation
Article 2 – paragraph 21 – point a
Article 2 – paragraph 21 – point a
(a) mobile telecommunication interception equipmentitems specially designed for any of the following: - billing; - data collection functions within network elements (e.G. Exchange or HLR); - marketing purposes; - telecommunication software, technology and equipment that is designed for operation in a service providers network, but which can function as an intercept access point within the public provider's network to support lawful intercept as may be required by national law; - quality of Service of the network (QoS); - user satisfaction (QoE); - operations at telecommunications companies (service providers); - network protection (e.g. firewalls);
Amendment 56 #
Proposal for a regulation
Article 2 – paragraph 21 – point b
Article 2 – paragraph 21 – point b
(b) intrusion softwartems installed, used or otherwise intended to improve the security posture of a computer, system, or network-capable device or for other legitimate purposes such as to protect the confidentiality, integrity, availability, auditability and authenticity of data or of a computer, system or network-capable device;
Amendment 57 #
Proposal for a regulation
Article 2 – paragraph 21 – point c
Article 2 – paragraph 21 – point c
(c) monitoring centersdigital forensic software or technology or equipment items related or destined to industrial software quality assurance or software development not specially designed for cybersurveillance;
Amendment 58 #
Proposal for a regulation
Article 2 – paragraph 21 – point d
Article 2 – paragraph 21 – point d
(d) lawful interception systems and data retention systemsitems destined or designed for the building, functioning, maintenance or protection of: - smart infrastructures for public energy, gas- or water use; - smart mobility management of civil rail, road, air and water transportation; - plant engineering and e-health; - industrial manufacturing in the discrete industries such as automotive, chemical, pharmacy, machine builders, food and beverage industry etc.; - building technologies such as smart home (residential houses) and smart building (commercial building);
Amendment 59 #
Proposal for a regulation
Article 2 – paragraph 21 – point e
Article 2 – paragraph 21 – point e
Amendment 61 #
Proposal for a regulation
Article 2 – paragraph 23 a (new)
Article 2 – paragraph 23 a (new)
23 a. 'due diligence' shall mean the process through which businesses can identify, prevent, mitigate, and account for how they address their actual and potential adverse impacts on human rights as an integral part of business decision-making and risk management systems as laid out in the UN Guiding Principles for Business and Human Rights.
Amendment 70 #
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 law 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 73 #
Proposal for a regulation
Article 4 – paragraph new2
Article 4 – paragraph new2
new2. 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, armay be 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 76 #
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 onetwo years, and may be renewed by the competent authority.
Amendment 78 #
Proposal for a regulation
Article 4 – paragraph new4 – subparagraph 1
Article 4 – paragraph new4 – 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 the exporter 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 82 #
Proposal for a regulation
Article 4 – paragraph new4 – subparagraph 4
Article 4 – paragraph new4 – subparagraph 4
The Commission and the Member States will maintain an updated register of authorisation requirements in place, available to exporters upon request.
Amendment 84 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. An authorisation shall be required for the provision, outside the territory of the Union, directly or indirectly, of technical assistance related to dual-use items, or related to the provision, manufacture, maintenance and use of dual- use items, if the supplier of technical assistance has been informed by the competent authority that the items in question are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4.
Amendment 85 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
If a supplier of technical assistance is aware that the dual-use items for which he proposes to supply technical assistance outside the territory of the Union are intended, in their entirety or in part, for any of the uses referred to in Article 4, he must notify the competent authority which will decide whether or not it is expedient to make such technical assistance subject to authorisation.
Amendment 94 #
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 102 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) respect for human rights law in the country of final destination as well as respect by that country of international humanitarian law;
Amendment 110 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Commission and the Council shall, in cooperation with the EEAS, make available guidance and/or recommendations to ensure common risk assessments by the competent authorities of the Member States for the implementation of those criteria by ... [ the entry into force of this Regulation].
Amendment 120 #
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 regardsfacilitate violations of human rights such as the right to privacy, freedom of expression and freedom of assembly and be used for the commission of serious violations of human rights law or international humanitarian law, or can pose a threat to international security or the essential security interests of the Union and its Member States, as previously assessed and reported by the Commission and the EEAS.
Amendment 121 #
Proposal for a regulation
Article 16 – paragraph 2 – point b a (new)
Article 16 – paragraph 2 – point b a (new)
(b a) The Commission may remove items from the list, in particular if in the course of the fast-changing technological environment the products meanwhile become a lower tier or mass product, easily available or technically easily modifiable.
Amendment 139 #
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1 a. The Commission shall ensure that penalities laid down by Member States are similar in substance and equal in effect.
Amendment 142 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Commission and the Council shall, where appropriate, make available guidance and/or recommendations for best practices for the subjects referred to in this Regulation to ensure the efficiency of the Union export control regime and the consistency of its implementation . The competent authorities of the Member States shall also, where appropriate, provide complementary guidance for exporters, especially SMEs, brokers and transit operators resident or established in that Member State.
Amendment 148 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission and the competent authorities of the Member States shall, where appropriate, maintain regular and reciprocal exchange of information with third countries, including in the context of the dialogue on dual-use items provided for in the Union's partnership and cooperation agreements and strategic partnership agreements.