Activities of Jan CREMERS related to 2007/0279(COD)
Plenary speeches (1)
Transfers of defence-related products (debate)
Amendments (23)
Amendment 27 #
Proposal for a directive
Recital 6
Recital 6
(6) Those laws and regulations of Member States therefore need to be harmonised in such a way as to simplify the intra- community transfer of defence related products in order to, with the aim of ensureing proper functioning of the internal market. and an effective and coherent policy with regard to arms exports in accordance with the objectives of the CFSP as enshrined in the Treaties, amongst which are the promotion and preservation of human rights, peace, security and stability.
Amendment 29 #
Proposal for a directive
Recital 9
Recital 9
(9) This directive should cover all the defence-related products which correspond to those listed in the Common Military List of the European Union10 including sub- systems, components, spare parts, technology transfer, maintenance and repair. Anti-personnel mines and cluster munitions, including sub-systems, components, spare parts, technology transfer, maintenance and repair, should be excluded from the scope of this Directive. The use, development, production, stockpiling, storage, acquisition, retaining and transfer to anyone, directly or indirectly, of both anti- personnel mines and cluster-ammunition should be prohibited.
Amendment 31 #
Proposal for a directive
Recital 14
Recital 14
(14) Any transfer of defence related products within the European Community should be subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State where the supplier is established. In line with the principles constituting the internal market the authorisation should be valid throughout the Community and in principle no further prior authorisations for the transit through other Member States or for import in other Member States should be necessary.
Amendment 32 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to facilitate transfers of defence related products, general licences should be published by Member States’ regulation providing authorization to transfer defence related products to any companyies fulfilling the terms and conditions defined in each general licence. Member States may decide to (temporarily) exclude certain receiving companies from general licences in accordance with Article 30 or 296 of the EC Treaty or in cases where serious concerns have arisen as to the willingness or ability of the company concerned to comply with the terms and conditions applicable to the transfer licences as set out by the Member State that issued the licence.
Amendment 33 #
Proposal for a directive
Recital 21
Recital 21
(21) Member States should be able to publish further general licences for the in cases where theno likely risks for the preservation of human rights, peace, security and stability are lowexist in view of the nature of the products and the recipients.
Amendment 36 #
Proposal for a directive
Recital 27
Recital 27
(27) Member States cooperate in the framework of the European Union Code of Conduct on Arms Exports, adopted by the Council on 8 June 1998, through voluntary application of common criteria as well as denial notification and consultation mechanisms in view of increasing convergence in the application of their export policies of defence related products to third countries. Member States reserve the right to refuse, withdraw, or suspend the effect of, (general) transfer licences to certain suppliers or recipients, if they deem this necessary in order to comply with the above-mentioned Code of Conduct, the Council Common Position 2003/468/CFSP on the control of arms brokering1 and other international commitments with respect to arms related exports control. 1 OJ L 156, 25.6.2003, p. 79.
Amendment 37 #
Proposal for a directive
Recital 28
Recital 28
(28) Suppliers should inform both recipients and the relevant authorities of the Member State in which the recipient is located of any limitations attached to the transfer licences in order to allow the building of mutual trust in the ability of the recipients to respect such limitations after the transfer, in particular in the case of a request for export to third countries.
Amendment 38 #
Proposal for a directive
Recital 31
Recital 31
(31) In order to facilitate mutual confidence, recipients of transferred defence related products shouldall refrain from the export of those products where the transfer licence contains export limitations.
Amendment 39 #
Proposal for a directive
Recital 33
Recital 33
(33) CAt the moment of export to a third country, companies should furnish proof of the export licence at the common external frontier of the Community to the competent customs authority at the moment of export to a third country of a defence related product received under a transfer licenceof a defence-related product received under a transfer licence as well as the export licence issued by the Member State from which the products are exported outside the Community to the competent customs authority at the common external frontier of the Community.
Amendment 41 #
Proposal for a directive
Recital 36
Recital 36
(36) In cases where a Member State of origin has reasonable doubt whetheris not convinced that a certified recipient wouldill respect anyll conditions attached to its general transfer licence, it should not only inform the other Member States and the Commission, but also be able to provisionally suspend the effect of its transfer licences to such company having regard to its responsibility for the preservation of human rights, peace, security and stability.
Amendment 63 #
Proposal for a directive
Article 4 - paragraph 4
Article 4 - paragraph 4
4. Member States shall determine the terms and conditions of transfer licences, in particular any limitations on the export of defence-related products to recipients in third countries, having regard to the risks for preservation of human rights, peace, security and stability created by the transfer. In laying down these limitations Member States shall take particular account of the European Union Code of Conduct on Arms Export and the Council Common Position 2003/468/CFSP on the control of arms brokering and shall not authorise any export or re-export that is not in line with both the Code of Conduct and the Council Common Position. Member States may pursue and extend existing intergovernmental cooperation in order to achieve the objectives of this directive.
Amendment 65 #
Proposal for a directive
Article 4 - paragraph 6
Article 4 - paragraph 6
Amendment 73 #
Proposal for a directive
Article 6 - paragraph 1
Article 6 - paragraph 1
1. Member States shallmay grant global transfer licences to an individual supplier on its request authorizing one or several transfers of one or several defence related products to one or several recipients in another Member State.
Amendment 74 #
Proposal for a directive
Article 6 − paragraph 2 − subparagraph 2
Article 6 − paragraph 2 − subparagraph 2
A global transfer licence shall be valid for a period of at least 3 years, without prejudice to the provisions in Articles 4 (7) and 15 of this Directive.
Amendment 76 #
Proposal for a directive
Article 8 - paragraph 1
Article 8 - paragraph 1
1. Member States shall ensure that suppliers of defence-related products inform recipients of the terms and conditions of the transfer licence relating to the export of the defence related products. Where there are limitations to the (re)transfer of defence-related products, the licensing Members State shall inform the Member State in which the recipient is located of these, as well as of all terms and conditions of the transfer licence.
Amendment 77 #
Proposal for a directive
Article 8 - paragraph 3
Article 8 - paragraph 3
3. Member States shall ensure that suppliers keep detailed and complete records of their transfers, in accordance with the practice in force in the respective Member State. Such records shall include commercial documents containing the following information: (a) the description of the defence-related product; (b) the quantity and value of the defence- related product and the dates of transfer; (c) the name and address of the supplier and of the recipient as well as proof of their certification in accordance with Article 9 of this Directive. (ca) the name and address of the company responsible for the actual transfer of the product if other than the supplier or recipient; (d) where known, the end-use and end-user of the defence-related product; (e) proof that the information on an export limitation attached to a transfer licence has been transmitted to a recipient of defence related products.
Amendment 78 #
Proposal for a directive
Article 8 - paragraph 4
Article 8 - paragraph 4
4. The records referred to in paragraph 3 shall be kept for at least threfive years from the end of the calendar year in which the transfer took place. They shall be provided on request of records referred to in paragraph 3 shall be transmitted to the competent authorities of the Member State in which the supplier is established on a yearly basis.
Amendment 79 #
Proposal for a directive
Article 8 - paragraph 4 a (new)
Article 8 - paragraph 4 a (new)
(4a) Member States shall ensure that recipients keep detailed and complete records of their receipt of defence-related products which contain the information referred to in paragraph 3, in accordance with the practice in force in each respective Member State.
Amendment 80 #
Proposal for a directive
Article 8 - paragraph 4 a (new)
Article 8 - paragraph 4 a (new)
(4a) The records referred to in paragraph 3 shall be kept for at least five years from the end of the calendar year in which the transfer took place. The records referred to in paragraph 3 shall be transmitted on a yearly basis to the competent authorities of the Member State in which the recipient is located.
Amendment 81 #
Proposal for a directive
Article 9 - paragraph 2 - point d a (new)
Article 9 - paragraph 2 - point d a (new)
(da) A written commitment of the company, signed by the senior executive referred to in point c), that his company will take all the necessary steps to observe and enforce all specific conditions, related to end-use and export of any specific received component or product, in line with the European Union Code of Conduct on Arms Export, the Council Common Position 2003/468/CFSP on the control of arms brokering1 and other international commitments with respect to export control; 1 OJ L 156, 25.6.2003, p. 79–80.
Amendment 82 #
Proposal for a directive
Article 9 - paragraph 5
Article 9 - paragraph 5
5. Competent authorities shall regularly monitor compliance of the recipient with the criteria referred to in paragraph 2 at least every three years, and with any condition attached to the certificates referred to in paragraph 4.
Amendment 88 #
Proposal for a directive
Article 11 - paragraph 1
Article 11 - paragraph 1
1. Member States shall ensure that, when completing the formalities for the export of defence-related products at the customs office responsible for handling the export declaration, the exporter shall furnish proof that any necessary export licence has been obtainof an export licence issued by the Member State from which the products are exported to a third country as well as the export licence under which the product was received.
Amendment 92 #
Proposal for a directive
Article 16 - paragraph 2
Article 16 - paragraph 2
2. The Commission shall, beginning not later than [5 years after the date of entry into force of this directive], submit regularly a report to the European Parliament and the Council every 3 years on the implementation of the directive and its impact on developments of the European defence equipment market and the European defence technological and industrial base as well as suppliers' and Members States' compliance with the European Union Code of Conduct on Arms Export, the Council Common Position 2003/468/CFSP on the control of arms brokering1 and other international commitments with respect to export control, accompanied by a legislative proposal, where appropriate. 1 OJ L 156, 25.6.2003, p. 79.