2014/0005(COD) | [ParlTrack]

Proposal for a regulation
Recital 3

(3) Articles 5, 6 and 7 of Regulation (EC) No 1236/2005 establish an export licensing system designed to pr~~even~~ohibit the relevant goods from being used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

Amendment 21 #

Proposal for a regulation
Recital 4

(4) These measures should not go beyond what is proportionate. They should, therefore, not prevent the export of medicinal products used for legitimate therapeutic purposes: it is sufficient to carry out strict controls for this purpose.

Amendment 22 #

Proposal for a regulation
Recital 5

(5) Given the different characteristics of capital punishment, on the one hand, and torture and other cruel, inhuman or degrading treatment or punishment on the other, it is appropriate to establish a specific export licensing system with a view to preventing the use of certain goods for capital punishment. Such a system should take into account the fact that a number of countries have abolished capital punishment for all crimes and have made an international commitment on this issue. As there is a risk of re-export to countries that have not done so, certain conditions and requirements should be imposed and guaranteed when authorising exports to countries that have abolished capital punishment. It is, therefore, appropriate to grant a general export authorisation for exports to those countries that have abolished capital punishment for all crimes and confirmed it with an international commitment.

Amendment 23 #

Javier COUSO PERMUY, Pablo IGLESIAS

Proposal for a regulation
Recital 5

(5) Given the different characteristics of capital punishment, on the one hand, and torture and other cruel, inhuman or degrading treatment or punishment on the other, it is appropriate to establish a specific export licensing system with a view to ~~pre~~avenrting the use of certain goods for capital punishment. Such a system should take into account the fact that a number of countries have abolished capital punishment for all crimes and have made an international commitment on this issue. As there is a risk of re-export to countries that have not done so, certain conditions and requirements should be imposed when authorising exports to countries that have abolished capital punishment. It is, therefore, appropriate to grant a general export authorisation for exports to those countries that have abolished capital punishment for all crimes and confirmed it with an international commitment.

Amendment 24 #

Proposal for a regulation
Recital 6

(6) If a country has not abolished capital punishment in this way, the competent authorities should, when examining a request for an export authorisation, check whether there is a risk that the end-user in the country of destination would use the exported goods for such punishment. Appropriate conditions and requirements should be imposed to control sales or transfers to third parties by the end-user. If multiple shipments between the same exporter and end-user take place, the competent authorities should be allowed to review the status of the end-user on a periodic basis, e.g. every six months, rather than every time an authorisation is granted, without prejudice to their right to annul, suspend, modify or revoke an export authorisation in accordance with Article 9(4) of Regulation (EC) No 1236/2005 where warranted. In the case of countries that have not abolished capital punishment and that have signed association agreements with the European Union, the Union authorities should review those agreements in the light of the requirement agreed to by the parties that human rights be respected.

Amendment 25 #

Proposal for a regulation
Recital 6

(6) If a country has not abolished capital punishment in this way, the competent authorities should, when examining a request for an export authorisation, check whether there is a risk that the end-user in the country of destination would use the exported goods for such punishment. AProvision should be made for appropriate conditions and requirements ~~should be imposed~~ to control sales or transfers to third parties by the end-user. If multiple shipments between the same exporter and end-user take place, the competent authorities should be allowed to review the status of the end-user on a periodic basis, e.g. every six months, rather than every time an authorisation is granted, without prejudice to their right to annul, suspend, modify or revoke an export authorisation in accordance with Article 9(4) of Regulation (EC) No 1236/2005 where warranted.

Amendment 26 #

Proposal for a regulation
Recital 7

(7) In order to limit the administrative burden for exporters the competent authorities should be allowed to grant an exporter a global authorisation for all shipments of medicinal products from the exporter to a specific end-user during a fixed period of time, specifying a quantity corresponding to the end-user’s normal use of the goods~~, where deemed necessary~~. Such authorisation would, in accordance with Article 9(1) of Regulation (EC) No 1236/2005 be valid for not more than twelve months with a possible extension of up to twelve months.

Amendment 27 #

Proposal for a regulation
Recital 8

(8) Granting a global authorisation would also be appropriate where a manufacturer needs to export medicinal products controlled by Regulation (EC) No 1236/2005 to a distributor in a country that has not abolished capital punishment, ~~provided~~solely when both the exporter and the distributor have concluded a legally binding agreement requiring the distributor to apply a~~n appropriate~~ set of measures ensuring that the medicinal products will not be used for capital punishment in a direct or indirect manner.

Amendment 28 #

Javier COUSO PERMUY, Pablo IGLESIAS

Proposal for a regulation
Recital 10

(10) In order to limit the administrative burden for exporters the competent authorities should be allowed to grant an exporter a global authorisation in respect of goods that are controlled to prevent the relevant goods from being used for torture or for other cruel, inhuman or degrading treatment or punishment.deleted

Amendment 29 #

Proposal for a regulation
Recital 11 a (new)

(11a) The European Union code of conduct on arms exports stipulates that Member States will not export arms that might be used for internal repression, including torture and other cruel, inhuman or degrading treatment or punishment.

Amendment 30 #

Proposal for a regulation
Recital 13

(13) Where controls on exports are applied, the provision of brokering services and the supply of technical assistance in relation to any of the listed goods should be prohibited, if the broker or supplier of technical assistance is aware that the relevant goods are or may be intended for capital punishment, when the controls are applied to prevent use for such punishment, or for torture or other cruel, inhuman or degrading treatment or punishment, when the controls are intended to prevent such use. An economic operator shall have grounds for suspecting that the goods are or may be intended for such non- legitimate use, inter alia, if a competent authority has informed it that the goods are or may be intended for such non- legitimate use,

Amendment 31 #

Javier COUSO PERMUY, Pablo IGLESIAS

Proposal for a regulation
Recital 14

(14) In order to give economic operators and enforcement authorities some time to make the changes to their operational procedures that are needed to comply with and enforce these prohibitions, a short transitional period of 6 months should be defined.

Amendment 32 #

Proposal for a regulation
Recital 15

(15) It is appropriate to make it compulsory for customs authorities to share ~~certain~~ information with other customs authorities and, when they detect prohibited exports or imports of goods or exports of goods for which the required authorisation has not been granted, to inform the relevant authorities with a view to imposing penalties on the economic operator that committed the infringement.

Amendment 33 #

Proposal for a regulation
Recital 17

(17) In order to adopt the provisions necessary for the application of Regulation (EC) No 1236/2005, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Annexes I, II, III, IIIa, IIIb, IV and V to that Regulation. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work~~, including at expert level~~. The Commission, when preparing and drawing-up delegated acts, should ensure simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 34 #

Mark DEMESMAEKER

Proposal for a regulation
Recital 19 a (new)

(19 a) 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 ill-treatment, or where there are reasonable grounds to believe that the transfer of those items would lead to the facilitation or the commission of death penalty, torture or other ill-treatment. Powers granted under the targeted end-use clause should not extend to medicines, pharmaceuticals, and healthcare products.

Amendment 35 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a

Regulation (EC) No 1236/2005
Article 2 – point a

(a) “torture' means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from that person or from a third person information or a confession, punishing that person for an act that either that person or a third person has committed or is suspected of having committed, or intimidating or coercing that person or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted either by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. It does not, however, include pain or suffering arising only from, inherent in or incidental to, lawful penalties, but includes pain or suffering caused by the cumulative effects of deficiencies of the conditions of detention, such as cramped conditions of accommodation, lack of hygiene, isolation, threats, humiliation or of medical care and assistance, denial of contacts with the outside world, or an impoverished detention regime, irrespective of any specific or positive intention to inflict pain or suffering by those who are in charge of the prison or the other place of detention, even if a natural person is deprived of his liberty in accordance with the law. Capital punishment is not deemed a lawful penalty under any circumstances;

Amendment 36 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a

Regulation (EC) No 1236/2005
Article 2 – point a

a) ‘torture’ means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from that person or from a third person information or a confession, punishing that person for an act that either that person or a third person has committed or is suspected of having committed, or intimidating or coercing that person or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted either by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. It does not, however, include pain or suffering arising only from, inherent in or incidental to, lawful penalties, but includes pain or suffering caused by the cumulative effects of deficiencies of the conditions of detention, such as cramped conditions of accommodation, lack of hygiene or of medical care and assistance, denial of contacts with the outside world, or an impoverished detention regime, irrespective of any specific or positive intention to inflict pain or suffering by those who are in charge of the prison or other place of detention, even if a natural person is deprived of his liberty in accordance with the law. Capital punishment is not deemed a lawful penalty under any circumstances;

Amendment 37 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a

Regulation (EC) No 1236/2005
Article 2 – point b

(b) ”other cruel, inhuman or degrading treatment or punishment' means any act by which severe pain or suffering, whether physical or mental, is inflicted on a person, when such pain or suffering is inflicted either by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. It does not, however, include pain or suffering arising only from, inherent in or incidental to, lawful penalties, but includes pain or suffering caused by the cumulative effects of deficiencies of the conditions of detention, such as cramped conditions of accommodation, lack of hygiene or of medical care and assistance, denial of contacts with the outside world, isolation, threats, humiliation or an impoverished detention regime, irrespective of any specific or positive intention to inflict pain or suffering by those who are in charge of the prison or other place of detention, even if a natural person is deprived of his liberty in accordance with the law. Capital punishment is not deemed a lawful penalty under any circumstances;

Amendment 38 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1236/2005
Article 2 – point k – subparagraph 2

For the purposes of this Regulation the sole provision of ancillary services is exincluded ~~from~~in this definition. Ancillary services are transportation, financial services, insurance or re-insurance, or general advertising or promotion;

Amendment 39 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1236/2005
Article 2 – point 1

(l) “"broker' means any natural or legal person or partnership resident or established in a Member State o~~f the Union~~r a national of a Member State that carries out services defined under point (k) ~~from the Union into the territory of a third country~~;

Amendment 40 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1236/2005
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 41 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point m

Regulation (EC) No 1236/2005
Article 2 – point m

m) ‘supplier of technical assistance or service’ means any natural or legal person or partnership resident or established in a Member State of the Union that supplies technical assistance or any service defined under point (f) from the Union into the territory of a third country;

Amendment 42 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 1236/2005
Article 2 – point ra (new)

(ra) 'transit' means a transport of non - Union goods, listed in Annexes, entering and passing through the customs territory of the Union with a destination outside the Union.

Amendment 43 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EC) No 1236/2005
Article 5 – paragraph 1 – subparagraph 1

For any export of goods listed in Annex III, an authorisation shall be required, irrespective of the origin of such goods. ~~However, no~~A transit authorisation shall also be required for goods which only pass through the customs territory of the Union, namely those which are not assigned a customs approved treatment or use other than the external transit procedure under Article 91 of Council Regulation (EEC) No 2913/92, including storage of non-Union goods in a free zone of control type I or a free warehouselisted in Annex III, even for goods that are in transit through the customs territory of the Union.

Amendment 44 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EC) No 1236/2005
Article 5 – paragraph 1 – subparagraph 1

1. For any export of goods listed in Annex III, an authorisation shall be required, irrespective of the origin of such goods. However, no authorisation shall be required for goods which only pass through the customs territory of the Union, namely those which are not assigned a customs approved treatment or use other than the external transit procedure under Article 91 of Council Regulation (EEC) No 2913/92, including storage of non-Union goods in a free zone of control type I or a free warehouse.

Amendment 45 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EC) No 1236/2005
Article 5 – paragraph 1 – subparagraph 1

For any export of goods listed in Annex III, an authorisation shall be required, irrespective of the origin of such goods. However, no authorisation shall be required for goods which only pass through the customs territory of the Union, namely those which are not assigned a customs approved treatment or use other than the external transit procedure under Article 91 of Council Regulation (EEC) No 2913/92, including storage of non-Union goods in a free zone of control type I or a free warehouse - unless 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 46 #

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) No 1236/2005
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, irrespective of the origin of such goods, if the broker ~~knows or has grounds for suspecting~~has clear indications 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 47 #

Proposal for a regulation
Article 1 – paragraph 1 – point 6

1 a. The Member States should conduct appropriate promulgation activities so as to ensure that all companies promoting security equipment and also those companies organising trade fairs and other events where such equipment is promoted, are made aware of the Regulation and their obligations under it.

Amendment 48 #

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EC) No 1236/2005
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, 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 in the use of Annex III or Annex IIIa goods intended to facilitate the commission of judicial executions or torture or other ill- treatment.

Amendment 49 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1236/2005
Article 7b – paragraph 1 – subparagraph 1

1. An authorisation shall be required for any export of goods listed in Annex IIIa, irrespective of the origin of such goods. However, no authorisation shall be required for goods which only pass through the customs territory of the Union, namely those which are not assigned a customs approved treatment or use other than the external transit procedure under Article 91 of Council Regulation (EEC) No 2913/92, including storage of non-Union goods in a free zone of control type I or a free warehouse.

Amendment 50 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7

An authorisation shall be required for any export of goods listed in Annex IIIa, irrespective of the origin of such goods. However, no authorisation shall be required for goods which only pass through the customs territory of the Union, namely those which are not assigned a customs approved treatment or use other than the external transit procedure under Article 91 of Council Regulation (EEC) No 2913/92, including storage of non-Union goods in a free zone of control type I or a free warehouse - unless 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 capital punishment in a country that does not belong to the customs territory of the Union.

Amendment 51 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1236/2005
Article 7b – paragraph 1 – subparagraph 1

An authorisation shall be required for any export of goods listed in Annex IIIa, irrespective of the origin of such goods. ~~However, no~~A transit authorisation is~~hall be~~ required for goods which only pass through the customs territory of the Union, namely those which are not assigned a customs approved treatment or use other than the external transit procedure under Article 91 of Council Regulation (EEC) No 2913/92, including storage of non-Union goods in a free zone of control type I or a free warehouse.;

Amendment 52 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1236/2005
Article 7c– paragraph 2

The competent authority shall not grant any authorisation when there are ~~reasonable grounds for believing~~clear indications that the goods listed in Annex IIIa might be used for capital punishment in a third country.

Amendment 53 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1236/2005
Article 7c – paragraph 3.1

3.1. If the manufacturer of a medicinal product containing any active substance listed in Annex IIIa requests an authorisation for exporting such product to a distributor in a third country, the competent authority shall make an assessment of the contractual arrangements made by the exporter and the distributor and the measures that they, as well as potential end-users, namely authorities, are taking to ensure that the medicinal products will not be used for capital punishment.

Amendment 54 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1236/2005
Article 7c – paragraph 3.2

3.2. If an authorisation is requested for exporting goods listed in Annex IIIa to an end-user in a third country, the competent authority shall assess the risk of diversion taking into account the contractual arrangements that apply and the end-use statement signed by the end-user, if such a statement is provided. If no end-use statement is provided, it shall be up to the exporter to demonstrate who will be the end-user and what use will be made of the goods. If the exporter fails to provide sufficient information to assess the risk of diversion, the competent authority shall be deemed to have reasonable grounds for believing that the goods might be used for capital punishment.

Amendment 55 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1236/2005
Article 7d – paragraph 3.2

3.2. If an authorisation is requested for exporting goods listed in Annex IIIa to an end-user in a third country, the competent authority shall assess the risk of diversion taking into account the contractual arrangements that apply and the end-use statement signed by the end-user, if such a statement is provided. If no end-use statement is provided, it shall be up to the exporter to demonstrate who will be the end-user and what use will be made of the goods. If the exporter fails to provide sufficient information to assess the risk of diversion, the competent authority is~~hall be~~ deemed to have reasonable grounds for believing that the goods might be used for capital punishment and hence will automatically decline the authorisation request.

Amendment 56 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1236/2005
Article 7d – 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 IIIa, irrespective of the origin of such goods, if the broker ~~knows or has grounds for suspecting~~has clear indications that any part of a shipment of such goods is or may be intended to be used for capital punishment in a country that does not belong to the customs territory of the Union.

Amendment 57 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1236/2005
Article 7d – paragraph 2

Amendment 58 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1236/2005
Article 7d – 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 IIIa, irrespective of the origin of such goods, if the supplier of technical assistance knows or has grounds for suspecting that some or all of the relevant goods are or may be intended to be used for capital punishment in a country that does not belong to the customs territory of the Union. Additionally, the supplier of technical assistance is prohibited from giving instructions, advice, training, or transmitting knowledge and/or skills that could aid judicial executions.

Amendment 59 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)

Regulation (EC) No 1236/2005
Article 7a a (new)

Article 7a a 1) The Member State shall suspend or halt a specific transfer or relevant items that are covered under the scope of but which are not currently listed in the Annexes II, III and IIIa, that clearly have no practical use other than for the purposes of capital punishment, torture and other ill-treatment or where there is evidence that the specific transfer of items would be used to carry out the death penalty, torture and other ill-treatment. 2) The Member State shall report such transfer suspensions to the Commission and for the Commission to determine whether such goods should be added to the relevant Regulation Annex and their trade controlled or prohibited.

Amendment 60 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) No 1236/2005
Article 8 – paragraph 1 – subparagraph 3

The competent authorities of the Member States shall exchange information on all exporters deprived of the right to use the Union General Export Authorisation~~, unless they determine that a specific exporter will not attempt to export goods listed in Annex IIIa through another Member State~~. A secure and encrypted system for exchange of information shall be used for this purpose.

Amendment 61 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) No 1236/2005
Article 8 – paragraph 5

5. Applicants shall supply the competent authorities with all relevant information required for their applications for an individual or global export authorisation or for an individual import authorisation so that the competent authorities have complete information in particular on the end-user, the country of destination and the end-use of the goods. The authorisation mayust be subject to an end-use statement~~, if appropriate~~.

Amendment 62 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11

Regulation (EC) No 1236/2005
Article 12

Article 12 is replaced by the following: ‘Article 12 Amendment of Annexes The Commission shall be empowered, in accordance with Article 15a, to adopt delegated acts to amend Annexes I, II, III, IIIa, IIIb, IV and V. The data in Annex I regarding competent authorities of the Member States shall be amended on the basis of information supplied by the Member States. Where, in the case of amendment of Annex II, III or IIIa, imperative grounds of urgency so require, the procedure provided for in Article 15b shall apply to delegated acts adopted pursuant to this Article.’deleted

Amendment 63 #

Proposal for a regulation
Article 1 – paragraph 1 – point 13

Regulation (EC) No 1236/2005
Article 13 – paragraph 2 (new)

Member States, in cooperation with the Commission, shall take appropriate measures to establish direct cooperation and exchange of information between competent authorities, in particular to eliminate the risk that possible disparities in the application of export controls to goods which could be used for capital punishment, torture of other cruel, inhuman or degrading treatment or punishment may lead to a deflection of trade, which could create difficulties for one or more Member States.

Amendment 64 #

Proposal for a regulation
Article 1 – paragraph 1 – point 15

Regulation (EC) No 1236/2005
Article 15a

(15) After Article 15, the following Articles are inserted: ‘Article 15a Exercise of delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Article 12 shall be conferred on the Commission for a period of five years from …. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 12 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 12 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months from the notification of that act to the European Parliament and to the Council or if, before expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.deleted

Amendment 65 #

Proposal for a regulation
Article 1 – paragraph 1 – point 15

Regulation (EC) No 1236/2005
Article 15b

~~Article 15b~~deleted

Amendment 66 #

Proposal for a regulation
Article 1 – paragraph 1 – point 15

Regulation (EC) No 1236/2005
Article 15b – title

~~‘Article 16b Urgency procedure 1. D~~delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 15a(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council.’

Amendment 67 #

Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)

Article 15c 1. An Anti- Torture Coordination Group chaired by a representative of the Commission shall be set up. Each Member State shall appoint a representative to this Group. It shall examine any question concerning the application of this Regulation which may be raised either by the chair or by representative of a Member State. 2. The Chair of the Anti- Torture Coordination Group shall, whenever it considers it to be necessary, consult exporters, brokers and other relevant stakeholders concerned by this Regulation.

Amendment 68 #

Proposal for a regulation
Article 1 – paragraph 1 – point 15 b (new)

Regulation (EC) No 1236/2005
Article 15 d (new)

Article 15d Every three years the Commission shall review the implementation of this Regulation and present a report to the European Parliament and the Council on its application, which may include proposals for its amendments. Member States shall provide to the Commission all appropriate information for the preparation of the report. Special section of the report shall deal with the Anti – Torture Coordination Group and its activities, examinations and consolations which shall be treated as confidential pursuant to Article 4 of Regulation (EC) No 1049/2001.

Amendment 69 #

Proposal for a regulation
Article 1 – paragraph 1 – point 15 c (new)

Regulation (EC) No 1236/2005
Article 15 e (new)

Article 15e Every two years the Commission shall review the implementation of this regulation in consultation with relevant structures of the Council and European Parliament. This review should specifically include analysis of Annex II, Annex III and Annex IIIa to establish whether further goods designed or marketed for law enforcement should be added as appropriate. This review should specifically include the implementation of the Regulation by Member States including national licensing decisions, reporting to the Commission, notification and consultation mechanism amongst 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.

Amendment 70 #

Proposal for a regulation
Article 1 – paragraph 1 – point 15 d (new)

Regulation (EC) No 1236/2005
Annex II – paragraph 2 – paragraph 2

Paragraph 2.2. shall be inserted to Annex II: - prisoner hoods intended for law enforcement purposes - prisoner control pliers

Amendment 71 #

Proposal for a regulation
Article 1 – paragraph 1 – point 15 e (new)

Regulation (EC) No 1236/2005
Annex III – paragraph 1.3a (new)

The following items shall be added to Annex III: - direct contact electric shock batons, stun guns and stun shields; - chairs, boards and beds fitted with straps; - acoustic devices for the purpose of crowd/riot control; - millimetre wave weapons

Amendment 72 #

Proposal for a regulation
Article 1 – paragraph 1 – point 15

Regulation (EC) No 1236/2005
Annexes

(15) The Annexes are amended as follows: α) In Annex III, section 4 is deleted b) A new Annex IIIa, the text of which is set out in Annex I to this Regulation, is added. c) A new Annex IIIb, the text of which is set out in Annex II to this Regulation, is added.deleted

source: 555.012

2015/06/25 INTA 44 amendments...

Amendment 18 #

Proposal for a regulation
Recital 6 a (new)

(6a) The promotion of goods prohibited under this Regulation or national law takes place at Union trade fairs and exhibitions in several Members States.

Amendment 19 #

Proposal for a regulation
Recital 6 b (new)

(6b) The promotion by companies takes place in several Members States of a range of goods currently not prohibited by this Regulation but which are inappropriate for use by law enforcement officials and which could facilitate torture or other cruel, degrading or inhuman treatment or punishment, including certain direct contact electric shock devices.

Amendment 20 #

Aldo PATRICIELLO

Proposal for a regulation
Recital 8

(8) Granting a global authorisation would also be appropriate where a manufacturer needs to export medicinal products controlled by Regulation (EC) No 1236/2005 to a distributor in a country that has not abolished capital punishment, provided the exporter and the distributor have concluded a legally binding agreement requiring the distributor to apply an appropriate set of measures ensuring that the medicinal products will not be used for capital punishment, for torture or for other cruel, inhuman or degrading treatment or punishment.

Amendment 21 #

Proposal for a regulation
Recital 10 a (new)

(10a) The existing Regulation has failed to adequately control a further range of goods including restraint chairs, acoustic devices and millimetre wave weapons.

Amendment 22 #

Aldo PATRICIELLO

Proposal for a regulation
Recital 12

(12) It is necessary to prohibit brokers in the Union from providing brokering services in relation to goods whose export and import are prohibited as such goods have no practical use other than for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. Prohibiting the provision of such services serves the purpose of protecting public morals and respecting the principles of human dignity which underpin European values, as embodied in the Treaty on European Union and the Charter of Fundamental Rights of the European Union.

Amendment 23 #

Proposal for a regulation
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 24 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EC) No 1236/2005
Article 1

This Regulation lays down Union rules governing trade with third countries in goods that could be used for the purpose of capital punishment or for the purpose of torture or other cruel, degrading or inhuman treatment or punishment, and governing also the provision of brokering services ~~and~~, the supply of technical assistance related to such goods, the commercial promotion and marketing of such goods, also via internet.

Amendment 25 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a a (new)

Regulation (EC) No 1236/2005
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, usage, practices 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; ~~(This amendment seeks to amend a provision within the existing act – Article 2(f) – that was not referred to in the Commission proposal.)~~Or. en

Amendment 26 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a a (new)

Regulation (EC) No 1236/2005
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 27 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a a (new)

Regulation (EC) No 1236/2005
Article 2 – point 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;" ~~(This amendment seeks to amend a provision within the existing act – Article 2(f) – that was not referred to in the Commission proposal.)~~Or. en

Amendment 28 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1236/2005
Article 2 – point l

(l) “"broker' means any natural person, resident or national of a Member State, or legal person or partnership ~~resident or~~and their subsidiaries, established in a Member State ~~of the Union~~, that carries out services defined under point (k) ~~from the Union into the territory of a third country~~;

Amendment 29 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1236/2005
Article 2 – point 1

(l) “broker' means any natural person, resident or national of a Member State, or legal person or partnership ~~resident or~~ established in a Member State ~~of the Union~~ that carries out services defined under point (k) from the Union into the territory of a third country or outside the Union by a non EU-based subsidiary of an EU company;

Amendment 30 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1236/2005
Article 2 – point m

Amendment 31 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)

(2a) Article 3(1) is replaced by the following: 1. Any export of goods which have no practical use other than for the purpose of capital punishment or for the purpose of torture and other cruel, inhuman or degrading treatment or punishment, listed in Annex II, shall be prohibited, irrespective of the origin of such ~~equipment~~goods. The supply of technical assistance related to goods listed in Annex II~~, whe~~ or to ther for consideration or not, from the customs territory of the Community, to any person, entity or body in a third country shall be prohibited. (This amendment seeks to amend a provision within the existacilitation or commission of capital punishment, torture and other cruel, inhuman or degrading treatment or punishment, by any natural person, resident or national of a Member State or legal person or partnership and their subsidiaries established ing a~~ct – Article 2(f) – that was not referred to in the Commission proposal.)~~ Member State, to any person, entity or body in a third country shall be prohibited. Or. en

Amendment 32 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)

Regulation (EC) No 1236/2005
Article 4b (new)

(3a) The following Article is added: Article 4b Prohibition of commercial marketing and promotion Commercial marketing and promotion within the Union by Union and non- Union registered companies and individuals for the purpose of transfer of goods listed in Annex II shall be prohibited. These commercial marketing and promotion activities shall include those done using intangible sources, notably internet. Other ancillary services, including transportation, financial services, insurance and re-insurance, shall also be prohibited.

Amendment 33 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)

Regulation (EC) No 1236/2005
Article 4b (new)

(3a) The following article is inserted : Article 4b Prohibition of commercial marketing and promotion On- and offline commercial marketing and promotion within the Union, by any natural or legal person or partnership, with a view to a potential transfer of goods listed in Annex II shall be prohibited.

Amendment 34 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)

Regulation (EC) No 1236/2005
Article 4 b (new)

(3a) The following Article is added: 'Article 4b' Prohibition of commercial promotion and marketing Commercial promotion, marketing and e- commerce activities within the Union by Union or non-Union registered companies and individuals for the purposes of transfer of goods listed in Annex II shall be prohibited.

Amendment 35 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (CE) n°1236/2005
Article 5– paragraph 1

For any export of goods listed in Annex III, an authorisation shall be required, irrespective of the origin of such goods. However, no authorisation shall be required for goods which only pass through the customs territory of the Union, namely those which are not assigned a customs approved treatment or use other than the external transit procedure under Article 91 of Council Regulation (EEC) No 2913/92, including storage of non-Union goods in a free zone of control type I or a free warehouse, - unless the broker has knowledge or well-founded suspicion that goods in a shipment are intended to be used, wholly or in part, for torture or other cruel, inhuman or degrading treatment or punishment in a third country outside the customs territory of the Union.

Amendment 36 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)

Regulation (EC) No 1236/2005
Article 6 – paragraph 1a (new)

-1 In Article 6, the following paragraph is inserted: (1a) The competent authority, taking into account all relevant evidence, shall conduct, along with Member States, appropriate promulgation activities in order to ensure that all companies promoting security equipment and those organising trade fairs and other events where such equipment is promoted, are made aware of the fact that such equipment could be used for torture and other cruel, degrading or inhuman treatment or punishment and that it could eventually be prohibited to expose and be devoid of the authorisations.

Amendment 37 #

Proposal for a regulation
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

Regulation (EC) No 1236/2005
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

regulation (EC) No 1236/2005
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 40 #

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)

Regulation (EC) No 1236/2005
Article 7 aa (new)

6a. After Article 7a, the following article is inserted: Article 7aa Member States are encouraged to promote best practice between suppliers of technical assistance to ensure that this assistance contributes positively to combating torture and other cruel, inhuman or degrading treatment or punishment

Amendment 41 #

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)

Regulation (EC) No 1236/2005
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 42 #

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)

Regulation (EC) No 1236/2005
Article 7ab (new)

(6a) After Article 7aa, the following article is inserted: Article 7ab Suspensions of individual transfers 1. A Member State shall prohibit or suspend an individual transfer of items that are covered under the scope of this Regulation but are not currently listed in the Annexes, when these items have no practical use other than for the purposes of capital punishment, torture and other cruel, inhuman or degrading treatment or punishment, or when there is evidence that the transfer of these items to a particular end-user would lead to the facilitation or commission of capital punishment, torture and 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 such measures. 3. Member States shall also immediately notify the Commission of any modifications of 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 all or specified end users or destinations be prohibited or made subject to authorisation.

Amendment 43 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (CE) n°1236/2005
Article 7 b–paragraph 1

An authorisation shall be required for any export of goods listed in Annex IIIa, irrespective of the origin of such goods. However, no authorisation shall be required for goods which only pass through the customs territory of the Union, namely those which are not assigned a customs approved treatment or use other than the external transit procedure under Article 91 of Council Regulation (EEC) No 2913/92, including storage of non-Union goods in a free zone of control type I or a free warehouse- unless the broker has knowledge or a well-founded suspicion that goods in a shipment wholly or in part are intended to be used for capital punishment in a third country outside the customs territory of the Union.

Amendment 44 #

Sander LOONES

Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)

Regulation (EC) N° 1236/2005
Article 1 – point 7 da (new)

(7a) The following Chapter shall be inserted: 'Chapter III aa Catch-all clause Article 7da 1. An authorisation shall be required for the export of items designed or marketed for law enforcement not listed in Annex II or Annex III if the exporter has been informed by the competent authorities of the Member State in which he resides or is established that the items in question are or may be intended, in their entirety or in part, for the purpose of capital punishment or for the purpose of torture and other cruel, inhuman or degrading treatment or punishment. 2. If an exporter has reasonable grounds to believe that items which he proposes to export, not listed in Annex II or Annex III, are intended, in their entirety or in part, for the purpose of capital punishment or for the purpose of torture and other cruel, inhuman or degrading treatment or punishment, he shall notify the authorities of the Member State in which he resides or is established, which shall decide whether or not it is expedient to make the export concerned subject to authorisation. 3. Medicines and pharmaceutical products are not covered by the scope of this Article, but solely by the Urgency Procedure of Article 15b. 4. A Member State which imposes an authorisation requirement, in application of paragraphs 1 and 2, on the export of items not listed in Annex II or Annex III, shall, where appropriate, inform other Member States and the Commission. 5. The other Member States shall give all due consideration to this information and shall inform their customs administration and other relevant national authorities. 6. Where imperative grounds of urgency so require, the Commission shall adopt delegated acts adding items referred to in paragraphs 1 and 2 to Annex II or Annex III. The procedure provided for in Article 15b shall apply to delegated acts adopted pursuant to this paragraph.

Amendment 45 #

Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)

Regulation (EC) N° 1236/2005
Article 1 – point 7 da (new)

(7a) The following Chapter shall be inserted: 'Chapter III aa Catch-all clause Article 7da 1. An authorisation shall be required for the export of any items not listed in Annex II, Annex III or Annex IIIa, with the exception of medicines or pharmaceutical products, if the exporter has been informed by the competent authorities of the Member State in which he resides or is established that the items in question are or may be intended, in their entirety or in part, for the purpose of capital punishment or for the purpose of torture and other cruel, inhuman or degrading treatment or punishment. 2. If an exporter is aware that the non- pharmaceutical items which he proposes to export, not listed in Annex II, Annex III or Annex IIIa, are intended, in their entirety or in part, for the purpose of capital punishment or for the purpose of torture and other cruel, inhuman or degrading treatment or punishment, he shall notify the authorities of the Member State in which he resides or is established, which shall decide whether or not it is expedient to make the export concerned subject to authorisation. 3. A Member State which imposes an authorisation requirement, in application of paragraphs 1 and 2, on the export of a non-pharmaceutical item not listed in Annex III or Annex IIIa, shall, where appropriate, inform the other Member States and the Commission. 4. The other Member States shall give all due consideration to this information and shall inform their customs administration and other relevant national authorities. 5. Where imperative grounds of urgency so require, the Commission shall adopt delegated acts adding items referred to in paragraphs 1 and 2 to Annex II, Annex III or Annex IIIa. The procedure provided for in Article 15b shall apply to delegated acts adopted pursuant to this paragraph.'

Amendment 46 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) No 1236/2005
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 47 #

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EC) No 1236/2005
Article 11 – paragraph 1

1. For customs risk management purposes, the customs authorities shall share relevant information through a rapid alert system, in accordance with Article 4g of Commission Regulation (EEC) No 2454/93. *

Amendment 48 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1236/2005
Article 12a (new) – paragraph 2

2. Upon receipt of a request referred to in paragraph 1, the Commission shall immediately inform all Member States and circulate the information received from the requesting Member State. Pending a final decision by the Commission, Member States may immediately suspend transfers of the goods contained in the request. The Commission may, within three months, ask the requesting Member State to provide supplementary information, if it considers that the request fails to address one or more relevant points or that additional information on one or more relevant points is necessary. It shall communicate the points on which supplementary information needs to be provided.

Amendment 49 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12 a (new)

Regulation (EC) No 1236/2005
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 the~~each 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)

Regulation (EC) No 1236/2005
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

Regulation (EC) No 1236/2005
Article 15

(14) ~~Article 15 is deleted~~Coordination 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 52 #

Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)

Article 15 c Review Every three years the Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation.

Amendment 53 #

Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)

Regulation (EC) No 1236/2005
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)

Regulation (EC) No 1236/2005
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 55 #

Proposal for a regulation
Article 1 - paragraph 1 - point 15 b (new)

Regulation (EC) No 1236/2005
Annex II – point 2.2a (new)

Paragraph 2.2a shall be inserted to Annex II: - prisoner hoods intended for law enforcement purposes - detainee/prisoner control pliers

Amendment 56 #

Proposal for a regulation
Article 1 – paragraph 1 – point 15 c (new)

Regulation (EC) No 1236/2005
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

Amendment 57 #

Proposal for a regulation
Annex I – points 1.7.a to 1.7.e (new)

points 1.7.a to 1.7.e is inserted to Annex IIIa: 1.7.a hydromorphone 1.7.b midazolam 1.7.c pancuronium bromide 1.7.d rocuronium bromide 1.7.e vecuronium bromide

Amendment 58 #

Proposal for a regulation
Annex II - Part 2

Regulation (EC) No 1236/2005
Annex IIIb (new)

~~Benin~~deleted

Amendment 59 #

Proposal for a regulation
Annex II - Part 2

Regulation (EC) No 1236/2005
Annex IIIb (new)

~~Liberia~~deleted

Amendment 60 #

Proposal for a regulation
Annex II - Part 2

Regulation (EC) 1236/2005
Annex IIIb (new)

~~Madagascar~~deleted

Amendment 61 #