Activities of Nathalie GRIESBECK related to 2018/0103(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the marketing and use of explosives precursors, amending Annex XVII to Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013 on the marketing and use of explosives precursors PDF (634 KB) DOC (97 KB)
Amendments (24)
Amendment 32 #
Proposal for a regulation
Recital 10
Recital 10
(10) The distinction between a professional user, to which restricted explosives precursors can be made available and a member of the general public, to which they cannot, depends on whether the person intends to use that explosives precursor for purposes connected to their specific trade, craft or professionfarming or professional activities. Economic operators should therefore not make available a restricted explosives precursor to a natural or legal person that is professionally active in an area where that specific restricted explosives precursor does not tend to be used for professional purposes.
Amendment 33 #
Proposal for a regulation
Recital 11
Recital 11
(11) The obligations of this Regulation should apply also to companies that operate online, including online marketplaces. Therefore, online economic operators should also train their staff and have in place appropriate procedures to detect suspicious transactions. Furthermore, they should not make available restricted explosives precursors to a member of the general public in Member States other than those that maintain or establish a licensing regime in line with this Regulation and only after verifying that that member of the general public has a licence. After having verified the identity of the prospective customer interested in buying a restricted explosive precursor, for instance through mechanisms referred to in Regulation (EU) No 910/2014 of the European Parliament and of the Council33 , the economic operator should verify that a licence has been issued for the intended transaction, for instance through a physical inspection of the licence at the time of delivery or, with the consent of the prospective customer, by contacting the competent authority of Member States that enable to be consulted on the licenses they have issued. Companies operating online should also, like those operating offline, request end-use declarations of professional users. _________________ 33 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 35 #
(12) Insofar as online marketplaces act as mere intermediaries between economic operators on the one hand, and members of the general public, professional users or farmers on the other hand, they should not be required to instruct their personnel involved in the sale of restricted explosives precursors or verify the identity and, where appropriate, the licence of the prospective customer or request other information from the prospective customer. However, given the central role which online marketplaces that act as an intermediary play in online economic transactions, including as regards the sales of restricgulated explosives precursors, it is appropriate that they should inform, in a clear and effective manner, users who aim to make available restricgulated explosives precursors through the use of their services of their obligations under this Regulation. In addition, it is appropriate that online marketplaces that act as an intermediary take measures to help ensure that their users comply with their obligations regarding verification, for instance by offering tools to facilitate verification of licences. All such obligations on online marketplaces that act as an intermediary under this Regulation should be without prejudice to Articles 14 and 15 of Directive 2000/31/EC of the European Parliament and of the Council34. _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on ceWhat is more, they should be subject to the same detection and reportain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.07.2000, p. 1)g obligations as economic operators with respect to suspicious transactions.
Amendment 41 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6a) ‘suspicious transaction’ means any transaction for which there are reasonable grounds, after taking account of all relevant factors, to suspect that the substance or mixture is intended for the illicit manufacture of explosives;
Amendment 42 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘member of the general public’ means any natural or legal person who has a need for a restricted explosives precursor for purposes that are not connected with their trade, business, craft or professionfarming or professional activities;
Amendment 43 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) 'professional user' means any natural or legal person who has a demonstrable need for a restricted explosives precursor for purposes connected with their trade, business, craft or professionfarming or professional activities which exclude making that restricted explosives precursor available to another person.
Amendment 46 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘economic operator’ means any natural or legal person or public entity or group of such persons and/or bodies which deliversmakes available regulated explosives precursors or services related to regulated explosives precursors, on the market, either off- or online and including online marketplaces;
Amendment 48 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 51 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. An economic operator who makes available a restricgulated explosives precursor to another economic operator shall inform that economic operator that the acquisition, possession or use of that restricgulated explosives precursor by members of the general public is subject to a restriction as set out in Article 5(1) and (3) and to the reporting obligations set out in Article 9.
Amendment 54 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. An online marketplace that acts as an intermediary shall take measures to ensure that its users, when making available restricgulated explosives precursors through its services, are informed of their obligations pursuant to this Regulation.
Amendment 56 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. For the purpose of verifying that a prospective customer interested in buying a restricted explosives precursor is a professional user or a farmer, an economic operator who makes available a restricted explosives precursor to a professional user or a farmer shall for each transaction request the following:
Amendment 63 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
For the purpose of detecting and preventing the illicit manufacture of explosives, economic operators and online marketplaces that act as an intermediary shall report transactions concerning regulated explosives precursors, including transactions involving professional users, where there are reasonable grounds for suspecting that the substance or mixture is intended for the illicit manufacture of explosives.
Amendment 67 #
Economic operators and online marketplaces that act as an intermediary shall report such suspicious transactions after having regard to all the circumstances and in particular where the prospective customer displays one or more of the following:
Amendment 68 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 a (new)
Article 9 – paragraph 1 – subparagraph 2 a (new)
Economic operators and online markets that act as an intermediary shall communicate to the national contact points all relevant details which have led them to consider a transaction suspicious.
Amendment 70 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Economic operators, other th and online marketplaces that act as an intermediary, shall have in place procedures in place to detect suspicious transactions, targeted to the environment in which the regulated explosives precursors are offered.
Amendment 71 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Economic operators and online marketplaces that act as an intermediary may refuse the suspicious transaction and shall report the suspicious transaction or attempted transaction within 24 hoursas quickly as possible, including if possible the identity of the customer, to the national contact point of the Member State where the suspicious transaction was concluded or attempted.
Amendment 75 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. With a view to facilitating cooperation and ensuring that all stakeholders effectively implement this Regulation, Member States shall organise regular exchanges between law enforcement agencies, national supervisory authorities, economic operators, online markets that act as an intermediary and representatives of the professional sectors that use regulated explosives precursors.
Amendment 76 #
Proposal for a regulation
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(da) information on how to recognise and report suspicious transactions;
Amendment 77 #
Proposal for a regulation
Article 12 – paragraph 1 – point d b (new)
Article 12 – paragraph 1 – point d b (new)
(db) information on storage arrangements which ensure that a regulated explosives precursor is safely stored;
Amendment 80 #
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. The national contact point of the Member State restricting or prohibiting substances in accordance with paragraph 1, 2 or 3 shall inform the economic operators and online marketplaces that act as intermediary thereof.
Amendment 81 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Without prejudice to paragraph 5, the Commission may, after consulting the Member State and, if appropriate, third parties, decide that the measure taken by the Member State is not justified and request the Member State to withdraw it. The national contact point of the Member State concerned shall inform economic operators and the online markets that act as an intermediary of that decision.
Amendment 88 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
No sooner than [sixfour years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall be conducted according to the Commission's better regulation Guidelines.
Amendment 93 #
Substances which shall not be made available to, or introduced, possessed or used by, members of the general public on their own, or in mixtures or substances including them, except if the concentration is equal to or lower than the limit values set out in column 2, and for which suspicious transactions shall be reported as quickly as possible.
Amendment 94 #
Proposal for a regulation
Annex II – paragraph 1
Annex II – paragraph 1
Substances on their own or in mixtures for which suspicious transactions shall be reported as quickly as possible.