21 Amendments of Paul RÜBIG related to 2016/0295(COD)
Amendment 112 #
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 used for the commission of serious and systematic violations of humanthe rights or international humanitarian law, or can pose a threat to international security or the essential security interests of the Union and its Member States to freedom of expression, freedom of assembly and privacy in countries where, according to a statement in a Commission report, internal repression occurs and the rule of law does not prevail.
Amendment 123 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘broker’ shall mean any natural or legal person or partnership resident or established in a Member State of the Union, or a legal person or partnership owned or controlled by such person, or another person that carries out brokering services from the Union into the territory of a third country;
Amendment 125 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘supplier of technical assistance’ means any natural or legal person or partnership resident or established in a Member State of the Union, or a legal person or partnership owned or controlled by such person, or another person which supplies technical assistance from the Union into the territory of a third country;
Amendment 137 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Amendment 166 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 175 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 181 #
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 193 #
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 daysnform its customs administration and, where relevant, other Member States. A Member State which, after an authorisation requirement has been imposed under Article 4 of this Regulation, refuses to issue an authorisation for export shall immediately inform the other Member States about the fact and forward to them the relevant details, particularly regarding the goods and end users concerned.
Amendment 196 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
Amendment 200 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 3
Article 4 – paragraph 4 – subparagraph 3
Amendment 202 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 4
Article 4 – paragraph 4 – subparagraph 4
Amendment 216 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. An authorisation shall be required for the provision, directly or indirectlyoutside the Union, 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(1)(a) to (c).
Amendment 219 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
If a supplier of technical assistance is aware that the dual-use items for which he proposes to supply technical assistance outside the Union are intended, in their entirety or in part, for any of the uses referred to in Article 4(1)(a) to (c), he must notify the competent authority which will decide whether or not it is expedient to make such technical assistance subject to authorisation.
Amendment 235 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Individual export authorisations and gshall be valid for two years, and may be extended by the competent authority. Global export authorisations shall be valid for onthree years, and may be renewextended by the competent authority. Global export authorisations for large projects shall be valid for a duration to be determined by the competent authority.
Amendment 260 #
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. T30 days of valid submission of the application. If 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)y, for good reasons, requires more time to process the application, it shall inform the applicant accordingly within 30 days. The competent authority shall at all events decide on applications for individual or global export authorisations, at the latest, within 60 days of valid submission of the application.
Amendment 263 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Where the broker or the supplier of technical assistance is not resident or established on the territory of the Union, authorisations for brokering services and technical assistance under this Regulation shall be granted, alternatively, by the competent authority of the Member State where the parent company of the broker or supplier of technical assistance is established, or from where the brokering services or technical assistance will be supplied.
Amendment 291 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. If an export authorisation which has already been granted is annulled, suspended, modified or revoked, Member States shall make provision for compensation. In accordance with the principle of legitimate expectations, an exporter may receive compensation if his confidence in the validity of the authorisation deserves protection. If necessary, the competent authorities of a Member State shall modify or revoke an export authorisation which has been granted or annul or suspend it, which they shall do within one year of facts coming to light which justify annulment, suspension, modification or revocation.
Amendment 292 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The competent authorities of Member States shall review denials of authorisations notified under paragraph 1 within three years of their notification and revoke them, amend them or renew them. The competent authorities of the Member States will notify the results of the review to the competent authorities of the other Member States and the Commission as soon as possible. Denials which are not revoked shall remain valid and shall be reviewed within three years of their renewalIf a denial is not confirmed or modified within three years, the notification of denial shall automatically lapse after three years.
Amendment 297 #
Proposal for a regulation
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. The Commission shall be empowered to adopt delegated acts in order to amend the lists of dual-use items set out in Section A of Annex I and Section B of Annex IV, as follows:
Amendment 299 #
Proposal for a regulation
Article 16 – paragraph 2 – point b
Article 16 – paragraph 2 – point b
Amendment 365 #
Proposal for a regulation
Annex I – Section B
Annex I – Section B