2016/0295(COD)

Union regime for the control of exports, transfer, brokering, technical assistance and transit of dual-use items. Recast

Awaiting Parliament 1st reading / single reading / budget 1st stage

2016/0295(COD) Union regime for the control of exports, transfer, brokering, technical assistance and transit of dual-use items. Recast
RoleCommitteeRapporteurShadows
Opinion AFET SCHAAKE Marietje (ALDE)
Lead INTA BUCHNER Klaus (Verts/ALE) FJELLNER Christofer (EPP), LANGE Bernd (S&D), LOONES Sander (ECR), SCHAAKE Marietje (ALDE), MINEUR Anne-Marie (GUE/NGL), BEGHIN Tiziana (EFD)
Opinion JURI ZWIEFKA Tadeusz (EPP)
Lead committee dossier: INTA/8/08024
Legal Basis Rules of Procedure EP 59-p4, TFEU TFEU 207-p2
Subjects
Links

Activites

  • 2018/01/17 Matter referred back to the committee responsible
  • 2018/01/17 Results of vote in Parliament
    • Results of vote in Parliament
    • T8-0006/2018 summary
  • 2018/01/16 Debate in Parliament
  • 2017/12/19 Committee report tabled for plenary, 1st reading/single reading
    • A8-0390/2017 summary
    • AFET SCHAAKE Marietje ALDE
    • INTA INTA/8/08024 BUCHNER Klaus Verts/ALE
    • JURI ZWIEFKA Tadeusz EPP
  • 2017/11/23 Rejection by committee to open interinstitutional negotiations with report adopted in committee
  • 2017/11/23 Vote in committee, 1st reading/single reading
  • 2016/10/06 Committee referral announced in Parliament, 1st reading/single reading
  • 2016/09/28 Legislative proposal published
    • COM(2016)0616 summary
    • DG {u'url': u'http://ec.europa.eu/info/departments/trade_en', u'title': u'Trade'}, MALMSTRÖM Cecilia

Documents

Votes

A8-0390/2017 - Klaus Buchner - Vote unique

2018/01/17
Position Total ALDE ECR EFDD ENF GUE/NGL NI PPE S&D Verts/ALE correctional
For 571 57 60 18 2 43 5 190 150 46 0
Against 29 0 2 13 7 0 6 1 0 0 0
Abstain 29 0 0 2 19 4 4 0 0 0 0
AmendmentsDossier
137 2016/0295(COD) Union regime for the control of exports, transfer, brokering, technical assistance and transit of dual-use items. Recast
2017/04/10 AFET 26 amendments...
source: PE-602.925
2017/05/09 AFET 111 amendments...
source: PE-604.629

History

(these mark the time of scraping, not the official date of the change)

2018-09-12
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2017-11-23
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    • The Committee on International Trade adopted the report by Klaus BUCHNER (Greens/EFA, DE) on the proposal for a regulation of the European Parliament and of the Council setting up a Union regime for the control of exports, transfer, brokering, technical assistance and transit of dual-use items (recast).

      The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows.

      Cyber-surveillance and human rights violations: in addition to traditional dual-use items, the Regulation should cover cyber-surveillance assets used to directly interfere with human rights, including the right to privacy and data protection, freedom of expression, freedom of assembly and association.

      Considering the rapid advance of technological developments, it is appropriate that the Union introduces controls on certain types of cyber-surveillance technologies on the basis of a unilateral list, in Section B of Annex I.

      Due diligence: if an exporter, becomes aware while exercising due diligence that dual-use items not listed in Annex I which he or she proposes to export, may be intended to violate human rights, he or she must notify the competent authority of the Member State in which he or she is established or resident in, which will decide whether or not it is expedient to make the export concerned subject to authorisation.

      A Member State may prohibit or impose an authorisation requirement on the export of dual-use items not listed in Annex I for reasons of public security, for human rights considerations or for the prevention of acts of terrorism. The manufacture's note of licensing requirements should also be compulsory for exports to third countries.

      Export authorisations: individual export authorisations and global export authorisations shall be valid for two years, and may be renewed by the competent authority. They may be suspended or revoked at any time. The identity or nature of the entity that will be the end-user shall be identified.

      Applications for authorisation shall be processed within 30 days of the filing of the application.

      If the companies have certified their Internal Compliance Programme (ICP), then they shall obtain incentives in the authorisation process from the national competent authorities (shorter delay for instance).

      Criteria to be taken into account: in deciding whether or not to grant an individual or global export authorisation, the competent authorities of the Member States shall take into account all relevant considerations including:

      • the obligations of the Union and the Member States under sanctions imposed by a decision or a common position adopted by the Council or by a decision of the OSCE or by a binding resolution of the Security Council of the United Nations;
      • the occurrence of violations of human rights law, fundamental freedoms and international humanitarian law in the country of final destination as has been established by the competent bodies of the UN, the Council of Europe or the Union;
      • the behaviour of the country of destination with regard to the international community, as regards in particular its attitude to terrorism, the nature of its alliances and respect for international law.

      With regard to cyber-surveillance items, the competent authorities of the Member States shall in particular consider the risk of violation of the right to privacy, the right to data protection, freedom of speech and freedom of assembly and association, as well as risks relating to the rule of law.

      Guidelines: Members proposed that the Commission and the Council make guidelines available (in the form of a handbook) as soon as the Regulation enters into force, so as to ensure common risk assessments as well as uniformity of the criteria for licensing decisions.

      That handbook shall be developed in close cooperation with the European External Action Service (EEAS) and the Dual Use Coordination Group and shall involve external expertise from academics, exporters, brokers and civil society organisations.

      Modification of lists: new risks and new technologies may be added urgently to the Regulation. The Commission may also remove items from the list if, as a result of the fast-changing technological environment, these items have become lower tier or mass market products that are easily available.

      Penalties: the Dual-Use Coordination Group shall set up an Enforcement Coordination Mechanism to provide for uniform criteria for licensing decisions. Upon assessment by the Commission of the rules on penalties laid down by Member States, the mechanism shall provide for ways to make penalties for infringements of this Regulation similar in nature and effect.

      Transparency: Member States shall disclose publicly, at least quarterly and in an easily accessible manner, meaningful information on each license with regard to the type of license, the value, the volume, nature of equipment, a description of the product, the end user and end use, the country of destination, as well as information regarding approval or denial of the license request.

      Lastly, Members asked that the Commission's evaluation report on the Regulation include a proposal on the deletion of encryption technologies from the list of controlled items.

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    Committee report tabled for plenary, 1st reading/single reading
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    A8-0390/2017
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2017-12-19
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2018-01-16
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    http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20180116&type=CRE
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    Debate in Parliament
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2018-01-17
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2018-01-17
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procedure/Modified legal basis added Rules of Procedure EP 150
procedure/legal_basis/0 added Rules of Procedure EP 59-p4
procedure/stage_reached changed
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procedure/subject/1 changed
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6.20.05 Multilateral economic and trade agreements and relations
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6.20.02 Export/import control, trade defence, trade barriers
procedure/subject/2 changed
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6.20.02 Export/import control, trade defence
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6.20.05 Multilateral and plurilateral economic and trade agreements and relations
2017-10-06
2017-09-30
2017-07-28
2017-07-01
2017-06-09
2017-04-20
2017-04-14
2017-03-13
2017-03-12
2017-02-18
2017-02-16
2016-11-22
2016-10-16

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