15 Amendments of Ska KELLER related to 2014/0005(COD)
Amendment 23 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) A targeted end-use clause should be introduced in order for Member States to suspend or halt the transfer of security- related items not listed in Annexes II and III that clearly have no practical use other than for the purposes of capital punishment, torture or other cruel, degrading or inhuman treatment or punishment, or where there are reasonable grounds to believe that the transfer of those items would lead to the facilitation or the commission of capital punishment, torture or other cruel, degrading or inhuman treatment or punishment. Powers granted under the targeted end-use clause should not extend to medical products that could be used for the purpose of capital punishment,
Amendment 26 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Regulation (EC) No 1236/2005
Article 2 – point f
Article 2 – point f
(f) ‘aa) Point (f) is replaced by the following: '(f) 'technical assistance’' means any technical support related to repairs, development, manufacture, testing, maintenance, assembly, use or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services. Technical assistance includes verbal forms of assistance and assistance provided by electronic means;'
Amendment 30 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1236/2005
Article 2 – point m
Article 2 – point m
(m) ”supplier of technical assistance' means any natural or legal person or partnership resident or established in a Member State of the Union that supplies technical assistance defined under point (f) from the Union into the territory of a third country;
Amendment 32 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EC) No 1236/2005
Article 4b (new)
Article 4b (new)
Amendment 37 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
(5a) The following article is inserted: Article 6a Transit authorisation requirement 1. An authorisation shall be required for the transit of goods listed in Annex III or Annex IIIa if an economic operator has been informed by the competent authorities of the Member State where the transit occurs that the items in question are or may be intended, in their entirety or in part, for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. 2. If an economic operator is aware that the goods in transit listed in Annex III or Annex IIIa are intended, in their entirety or in part, for the purpose of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, it shall notify the competent authorities, which shall decide whether or not it is expedient to make the transit concerned subject to authorisation. 3. A Member State which imposes an authorisation requirement, in application of paragraphs 1 and 2, on the transit of an item not listed in Annex III or Annex IIIa, shall immediately inform other Member States and the Commission.
Amendment 38 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1236/2005
Article 7a – paragraph 1
Article 7a – paragraph 1
1. A broker shall be prohibited from providing to any person, entity or body in a third country brokering services in relation to goods listed in Annex III and Annex IIIa, irrespective of the origin of such goods, if the broker knows or has grounds for suspecting that any part of a shipment of such goods is or may be intended to be used for torture or other cruel, inhuman or degrading treatment or punishment in a country that does not belong to the customs territory of the Union.
Amendment 39 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
regulation (EC) No 1236/2005
Article 7a – paragraph 2
Article 7a – paragraph 2
2. A supplier of technical assistance shall be prohibited from supplying to any person, entity or body in a third country technical assistance in relation to goods listed in Annex III and Annex IIIa, irrespective of the origin of such goods, if the supplier of such assistance knows or has grounds for suspecting that some or all of the relevant goods are or may be intended to be used for torture or other cruel, inhuman or degrading treatment or punishment in a country that does not belong to the customs territory of the Union. A supplier of technical assistance shall also be prohibited from giving instruction, advice, training or transmitting working knowledge or skills that could aid the commission of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.
Amendment 41 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 1236/2005
Article 7aa (new)
Article 7aa (new)
(6a) After Article 7a, the following Article is inserted: Article 7aa Targeted end-use clause 1. A Member State shall prohibit or suspend the transfer of a security-related item not listed in Annexes II and III that clearly has no practical use other than for the purpose of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, or when there are reasonable grounds to believe that the transfer of this item would lead to the facilitation of the commission of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment; 2. Member States shall notify the Commission of any measures adopted pursuant to paragraph 1 immediately after their adoption and shall indicate the precise reason for adopting such measures. 3. Member States shall also immediately notify the Commission of any modifications made to measures adopted pursuant to paragraph 1. 4. The Commission shall publish the measures notified to it pursuant to paragraphs 2 and 3 in the C series of the Official Journal of the European Union. 5. The Commission shall determine whether such goods should be added to the relevant Annex in order for their transfer to be prohibited or made subject to authorisation. 6. Powers granted under the targeted end- use clause should not extend to medical products that could be used for the purpose of the capital punishment.
Amendment 46 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1236/2005
Article 8 – paragraph 6
Article 8 – paragraph 6
6. By way of derogation from paragraph 5, where medicinal products are to be exported by a manufacturer to a distributor, the manufacturer shall provide information on the arrangements made and the measures taken to prevent these products from being used for capital punishment, on the country of destination and, if it is available, information on the end-use and the end-users of the goods. This information shall be accessible, upon request, to a relevant independent oversight body such as National Preventive Mechanism established under the Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, or a national human rights institution in a Member State.
Amendment 49 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Regulation (EC) No 1236/2005
Article 13 – paragraph 1
Article 13 – paragraph 1
(12a) In Article 13, the paragraph 1 is replaced by the following: 1. Without prejudice to Article 11, the Commission and theeach Member States shall, upon request, inform each other of the inform the Commission of measures taken under this Regulation and supply each other with any relevant information at their disposal in connection with this Regulation, in particular information on authorisations granted and refused, as well as in relation to measures taken under the targeted end-use clause. The Commission shall forward the information to other Member States.
Amendment 50 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 b (new)
Article 1 – paragraph 1 – point 12 b (new)
Regulation (EC) No 1236/2005
Article 13 – paragraph 3a (new)
Article 13 – paragraph 3a (new)
(12b) In Article 13, the following paragraph is inserted: 3a. The Commission shall make annual report compiled of annual activity reports referred to in paragraph 3. The report shall be made publicly available.
Amendment 51 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 1236/2005
Article 15
Article 15
(14) Article 15 is deletedCoordination Group 1. A Coordination Group chaired by a representative of the Commission shall be established, to which each Member State shall appoint a representative. The Coordination Group shall examine any question concerning the application of this Regulation which may be raised either by the chair or by a representative of a Member State. 2. The Coordination Group shall in cooperation with the Commission take appropriate measures to establish direct cooperation and exchange of information between competent authorities, in particular to eliminate the risk of possible disparities in the application of export controls to goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment and which may lead to a deflection of trade. 3. The Chair of the Coordination Group shall, whenever he/she considers it to be necessary, consult exporters, brokers and other relevant stakeholders affected by this Regulation, including civil society representatives. 4. The Coordination Group may receive information and proposals related to the effectiveness of the Regulation from all sides of civil society with relevant expertise.
Amendment 53 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Regulation (EC) No 1236/2005
Article 16
Article 16
(15a) Article 16 is inserted: Review of the implementation 1. Every three years the Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation, accompanied, if necessary, by appropriate legislative proposals. Member States shall provide all appropriate information to the Commission for the preparation of the report. 2. The review from paragraph 1 shall include information on national licensing decisions by Member States, reporting to the Commission by Member States, notification and consultation mechanisms among Member States, promulgation and enforcement. The review procedure should analyse the operation of the penalty regimes introduced by Member States, and assess whether such regimes are effective, proportionate and dissuasive. 3. A dedicated section of this report shall also provide an overview of the activities, examinations and consultations of the Coordination Group, which shall be subject to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council . ______________ Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001., p. 43)
Amendment 54 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15 b (new)
Article 1 – paragraph 1 – point 15 b (new)
Regulation (EC) No 1236/2005
Annex II – point 2.2a (new)
Annex II – point 2.2a (new)
(15b) Paragraph 2.2.a shall be inserted to Annex II: - direct contact electric shock batons, stun guns and stun shields intended for law enforcement purposes; - prisoner hoods intended for law enforcement purposes - prisoner control pliers
Amendment 56 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15 c (new)
Article 1 – paragraph 1 – point 15 c (new)
Regulation (EC) No 1236/2005
Annex III
Annex III
(15 c) The following items shall be added to Annex III: - chairs, boards and beds fitted with straps - acoustic devices for the purpose of crowd/riot control - millimetre wave weapons