Procedure : 2014/0005(COD)
Document stages in plenary
Document selected : A8-0267/2015

Texts tabled :

A8-0267/2015

Debates :

PV 26/10/2015 - 14
CRE 26/10/2015 - 14
OJ 04/10/2016 - 64
CRE 04/10/2016 - 5

Votes :

PV 27/10/2015 - 5.9
CRE 27/10/2015 - 5.9
PV 04/10/2016 - 7.7

Texts adopted :

P8_TA(2015)0368
P8_TA(2016)0369

REPORT     ***I
PDF 734kWORD 466k
29 September 2015
PE 554.890v03-00 A8-0267/2015

on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment

(COM(2014)0001 – C7-0014/2014 – 2014/0005(COD))

Committee on International Trade

Rapporteur: Marietje Schaake

ERRATA/ADDENDA
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Foreign Affairs
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment

(COM(2014)0001 – C7-0014/2014 – 2014/0005(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2014)0001),

–  having regard to Article 294(2) and Article 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0014/2014),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on International Trade and the opinion of the Committee on Foreign Affairs (A8-0267/2015),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(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.

(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    2

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(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.

(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    3

Proposal for a regulation

Recital 19 a (new)

Text proposed by the Commission

Amendment

 

(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    4

Proposal for a regulation

Article 1 – paragraph 1 – point 2 – point a a (new)

Regulation (EC) No 1236/2005

Article 2 – point f

 

Present text

Amendment

 

(aa) Point (f) is replaced by the following:

(f) ‘technical assistance’ means any technical support related to repairs, development, manufacture, testing, maintenance, assembly 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;

(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.)

Amendment    5

Proposal for a regulation

Article 1 – point 2 – point c

Regulation (EC) No 1236/2005

Article 2 – point k – subparagraph 2

 

Text proposed by the Commission

Amendment

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

For the purposes of this Regulation the provision of ancillary services is included in this definition. Ancillary services are transportation, financial services, insurance or re-insurance, or general advertising or promotion, including via internet;

Amendment    6

Proposal for a regulation

Article 1 – point 2 – point c

Regulation (EC) No 1236/2005

Article 2 – point l

 

Text proposed by the Commission

Amendment

(l) 'broker' means any natural 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;

(l) 'broker' means any natural or legal person or partnership resident or established in, or a national of, a Member State of the Union, or a subsidiary of a legal person or partnership, that carries out services defined under point (k);

Justification

The EU should also be able to enforce this Regulation when EU nationals or legal persons established in the EU are involved in transactions which take place outside the Union territory.

Amendment    7

Proposal for a regulation

Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1236/2005

Article 2 – point m

 

Text proposed by the Commission

Amendment

(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;

(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);

Amendment    8

Proposal for a regulation

Article 1 – point 2 – point c

Regulation (EC) No 1236/2005

Article 2 – point n

 

Text proposed by the Commission

Amendment

(n) ‘exporter’ means any natural or legal person or partnership on whose behalf an export declaration is made, that is to say the person who, at the time when the declaration is accepted, holds a contract with the consignee in the third country concerned and has the necessary power for determining the sending of the goods out of the customs territory of the Union. If no export contract has been concluded or if the holder of the contract does not act on its own behalf, the exporter means the person who has the necessary power for determining the sending of the item out of the customs territory of the Union. Where the benefit of a right to dispose of the goods belongs to a person established outside the Union pursuant to the contract on which the export is based, the exporter shall be considered to be the contracting party established in the Union;

(n) ‘exporter’ means any natural or legal person or partnership on whose behalf an export declaration is made, that is to say the person who, at the time when the declaration is accepted, holds a contract with the consignee in the third country concerned and has the necessary power for determining the sending of the goods out of the customs territory of the Union. If no export contract has been concluded or if the holder of the contract does not act on its own behalf, the exporter means the person who has the necessary power for determining the sending of the item out of the customs territory of the Union. Where the benefit of a right to dispose of the goods belongs to a person established outside the Union pursuant to the contract on which the export is based, the exporter shall be considered to be the contracting party resident or established in the Union;

Amendment    9

Proposal for a regulation

Article 1 – point 2 – point c

Regulation (EC) No 1236/2005

Article 2 – point ra (new)

 

Text proposed by the Commission

Amendment

 

(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    10

Proposal for a regulation

Article 1 – point 3 a (new)

Regulation (EC) No 1236/2005

Article 4 aa (new)

 

Text proposed by the Commission

Amendment

 

(3a) The following article is inserted:

 

'Article 4aa

 

Transit prohibition

 

1. Any transit of goods listed in Annex II shall be prohibited, irrespective of the origin of such goods.

 

2. By way of derogation from paragraph 1, the competent authority may authorise a transit of goods listed in Annex II, if it is demonstrated that, in the country to which the goods will be exported, such goods will be used for the exclusive purpose of public display in a museum in view of their historic significance.'

Justification

The transit of goods prohibited for export and import should not be authorised.

Amendment    11

Proposal for a regulation

Article 1 – point 3 b (new)

Regulation (EC) No 1236/2005

Article 4 a b (new)

 

Text proposed by the Commission

Amendment

 

(3b) The following article is inserted:

 

‘Article 4ab

 

Prohibition of commercial marketing and promotion

 

Online and offline commercial marketing and promotion activities within the Union, by any natural or legal person or partnership, for the purpose of the transfer of goods listed in Annex II shall be prohibited.’

Amendment    12

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 1236/2005

Article 6 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Decisions on applications for authorisations in respect of the export of goods listed in Annex IIIa shall be taken by the competent authorities on a case by case basis, taking into account all relevant considerations, including in particular whether an application in respect of an essentially identical export has been dismissed by another Member State in the preceding three years and considerations about intended end-use and the risk of diversion.

1. Decisions on applications for authorisations in respect of the export of goods listed in Annexes III and IIIa shall be taken by the competent authorities on a case by case basis, taking into account all relevant considerations, including in particular whether an application in respect of an essentially identical export has been dismissed by another Member State in the preceding three years and considerations about intended end-use and the risk of diversion.

Amendment    13

Proposal for a regulation

Article 1 – paragraph 1 – point 5 a (new)

Regulation (EC) No 1236/2005

Article 6 – paragraph 1a (new)

 

Text proposed by the Commission

Amendment

 

(5a) In Article 6, the following paragraph is inserted:

 

1a. The competent authority, taking into account all relevant evidence, shall , along with Member States, ensure that all companies marketing security equipment and those organising trade fairs and other events where such equipment is marketed, 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 marketing such equipment may become prohibited and authorisations relating to it may be withdrawn.

Amendment    14

Proposal for a regulation

Article 1 – point 5 b (new)

Regulation (EC) No 1236/2005

Article 6 – paragraph 2

 

Text proposed by the Commission

Amendment

 

(5b) In Article 6, paragraph 2 is replaced by the following:

 

2. The competent authority shall not grant any authorisation when there are reasonable grounds to believe that goods listed in Annex III and Annex IIIa might be used for torture or other cruel, inhuman or degrading treatment or punishment, including judicial corporal punishment, by a law enforcement authority or any natural or legal person in a third country.

 

The competent authority shall take into account:

 

– available international court judgements,

 

– findings of the competent bodies of the UN, the Council of Europe and the EU, and reports of the Council of Europe's European Committee for the Prevention of Torture and Inhuman or Degrading Treatment and Punishment and of the UN Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment.

 

Other relevant information, including available national court judgements, reports or other information prepared by civil society organisations and information on restrictions on exports of goods listed in Annexes II, III and IIIa applied by the country of destination, may be taken into account.

Amendment    15

Proposal for a regulation

Article 1 – point 5 c (new)

Regulation (EC) No 1236/2005

Article 6 a (new)

 

Text proposed by the Commission

Amendment

 

(5c) 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 IIIa if the 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 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, pursuant toparagraphs 1 and 2, on the transit of an item not listed in Annex III or IIIa, shall inform the other Member States and the Commission.'

Justification

Additional authorisation requirements should be put in place in order to prevent transit of goods that can be used for capital punishment or torture.

Amendment    16

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1236/2005

Article 7a – paragraph 1

 

Text proposed by the Commission

Amendment

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 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.

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 Annexes III and 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    17

Proposal for a regulation

Article 1 – paragraph 1 – point 6

regulation (EC) No 1236/2005

Article 7a – paragraph 2

 

Text proposed by the Commission

Amendment

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.

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 Annexes III and 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.

Justification

Technical assistance that could potentially aid the commission of judicial executions, torture or other ill-treatment may well be delivered independently of the supply of equipment currently falling under the scope of the Regulation.

Amendment    18

Proposal for a regulation

Article 1 – paragraph 1 – point 6 a (new)

Regulation (EC) No 1236/2005

Article 7 aa (new)

 

Text proposed by the Commission

Amendment

 

6a. The following article is inserted:

 

‘Article 7aa

 

Exchange of best practices

 

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    19

Proposal for a regulation

Article 1 – point 7

Regulation (EC) No 1236/2005

Article 7c – paragraph 3 – point 3.3 (new)

 

Text proposed by the Commission

Amendment

 

'3.3. The Commission, in cooperation with competent authorities of the Member States and third countries where appropriate, shall adopt best practice guidelines on the verification of end-use.'

Justification

Best practice guidelines built upon the experiences of both member states and third country authorities would set a clearer framework for determining the end-use of goods that could be misused for capital punishment, thereby also facilitating legitimate exports for intended use, especially in the medicinal and pharmaceutical sector.

Amendment    20

Proposal for a regulation

Article 1 – point 7 a (new)

Regulation (EC) No 1236/2005

Chapter III aa (new) – Article 7da (new)

 

Text proposed by the Commission

Amendment

 

(7a) The following Chapter is inserted:

 

'Chapter III aa

 

Non-listed goods

 

Article 7da

 

Catch-all clause

 

1. An authorisation shall be required for the export of items not listed in the Annexes to this Regulation if the exporter has been informed by the competent authorities of the Member State in which it 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 items which it proposes to export, not listed in Annex II, III or 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, it shall notify the authorities of the Member State in which it 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, pursuant to paragraphs 1 and 2, on the export of item not listed in Annex II, III or IIIa, shall immediately inform the other Member States and the Commission thereof and indicate precise reasons for the imposition of an authorisation requirement. Member States shall also immediately inform the Commission of any modifications made to measures adopted under paragraphs 1 and 2.

 

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. When 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.

 

6. Medicinal products, as defined in Directive 2001/83/EC of the European Parliament and of the Council1a, shall be excluded from the scope of this Article.

 

_________________________

 

1a.Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).’

Justification

"Catch-all" provisions analogical to the ones used in the "Dual use Regulation" would ensure that additional safeguards against the risks are in place. In such cases the Commission should assess whether an urgency procedure to adopt community measures are needed, thereby retaining Community approach, ensuring coherence and a level playing field.

Amendment    21

Proposal for a regulation

Article 1 – paragraph 1 – point 8

Regulation (EC) No 1236/2005

Article 8 – paragraph 6

 

Text proposed by the Commission

Amendment

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.

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    22

Proposal for a regulation

Article 1 – point 8 a (new)

Regulation (EC) No 1236/2005

Article 10 – paragraph 2

 

Text proposed by the Commission

Amendment

 

(8a) In Article 10, paragraph 2 is replaced by the following:

 

‘2. If a customs declaration is made concerning goods listed in Annex II, III, or IIIa and it is confirmed that no authorisation has been granted pursuant to this Regulation for the intended export or import, the customs authorities shall detain the goods declared and draw attention to the possibility to apply for an authorisation pursuant to this Regulation. If no application for an authorisation is made within six months of time after the detention, or if the competent authority dismisses such an application, the customs authorities shall dispose of the detained goods in accordance with applicable national legislation.’

Amendment    23

Proposal for a regulation

Article 1 – paragraph 1 – point 12

Regulation (EC) No 1236/2005

Article 12a (new) – paragraph 2

 

Text proposed by the Commission

Amendment

2. 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.

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    24

Proposal for a regulation

Article 1 – point 12

Regulation (EC) No 1236/2005

Article 12 a – paragraph 3

 

Text proposed by the Commission

Amendment

3. If it considers that there is no need to ask for supplementary information or, where applicable, upon receipt of the supplementary information it has requested, the Commission shall within six months commence the procedure for the adoption of the requested amendment or inform the requesting Member States of the reasons for not doing so.

3. If it considers that there is no need to ask for supplementary information or, where applicable, upon receipt of the supplementary information it has requested, the Commission shall within three months commence the procedure for the adoption of the requested amendment or inform the requesting Member States of the reasons for not doing so.

Justification

The system must be dynamic enough to ensure that the annexes are up-to-date, upholding sufficient controls and a level-playing field across the EU.

Amendment    25

Proposal for a regulation

Article 1 – paragraph 1 – point 12 a (new)

Regulation (EC) No 1236/2005

Article 13 – paragraph 1

 

Present text

Amendment

 

(12a) In Article 13, paragraph 1 is replaced by the following:

1. Without prejudice to Article 11, the Commission and the Member States shall, upon request, inform each other of the 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.

‘1. Without prejudice to Article 11, each Member State shall inform the Commission of measures taken under this Regulation and supply 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    26

Proposal for a regulation

Article 1 – paragraph 1 – point 12 b (new)

Regulation (EC) No 1236/2005

Article 13 – paragraph 3a (new)

 

Text proposed by the Commission

Amendment

 

(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    27

Proposal for a regulation

Article 1 – point 15

Regulation (EC) No 1236/2005

Article 15 a (new)

 

Text proposed by the Commission

Amendment

Article 15a

deleted

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.

 

Justification

The delegation of powers has been carried out under the "Trade Omnibus I" Regulation (EU) 37/2014 of 15 January 2014 and is already included under Article 15a.

Amendment    28

Proposal for a regulation

Article 1 – point 15 a (new)

Regulation (EC) No 1236/2005

Article 15ba (new)

 

Text proposed by the Commission

Amendment

(15a) The following article is inserted;

 

'Article 15ba

 

Anti-Torture Coordination Group

 

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 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 Anti-Torture Coordination Group shall, whenever it considers it to be necessary, consult exporters, brokers and other relevant stakeholders, including from all parts of civil society with relevant expertise in matters covered by this Regulation.

 

3. The Commission shall submit an annual report in writing to the European Parliament on the activities, examinations and consultations of the Anti-Torture Coordination Group, which shall be subject to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council .'

Justification

In line with the practice established for the strategic export controls, an expert group should be set up to regularly examine the application of this Regulation and discuss proposals for updates, including the preparation of delegated acts.

Amendment    29

Proposal for a regulation

Article 1 – point 15 b (new)

Regulation (EC) No 1236/2005

Article 15bb (new)

 

Text proposed by the Commission

Amendment

 

(15b) The following article is inserted:

 

'Article 15bb

 

1. By...*, and every three years thereafter, the Commission shall review the implementation of this Regulation and present a comprehensive implementation and impact assessment report to the European Parliament and to the Council, which may include proposals for its amendment. Member States shall provide to the Commission all appropriate information for the preparation of the report.

 

2. Special sections of the report shall deal with:

 

(a) the Anti-Torture Coordination Group and its activities, examinations and consultations. Information that the Commission provides on the Coordination Group’s examinations and consultations shall be treated as confidential pursuant to Article 4 of Regulation (EC) No 1049/2001. Information shall, in any case, be considered to be confidential if its disclosure is likely to have a significantly adverse effect upon the supplier or the source of such information;

 

(b) 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.

 

(c) comprehensive information on the nature and effect of measures taken by the Member States pursuant to Article 17, including operation of the penalty regimes introduced by Member States, and assessment whether such regimes are effective, proportionate and dissuasive.

 

______________

 

* OJ: please insert date: three years after the entry into force of this Regulation.’

Justification

In line with the strategic export controls, there should be a regular review of the implementation of the Regulation. Rules on penalties, though laid down by each Member State individually, should aim at a similar nature and effect, in order to retain a coherent approach and level playing field across the Union.

Amendment    30

Proposal for a regulation

Article 1 – point 15 c (new)

Regulation (EC) No 1236/2005

Article 17 – paragraph 3 (new)

 

Text proposed by the Commission

Amendment

 

(15c) In Article 17, the following paragraph is added:

 

‘3. The Commission shall assess whether rules on penalties laid down by Member States are of a similar nature and effect.’

Justification

Rules on penalties, though laid down by each Member State individually, should aim at a similar nature and effect, to retain a coherent approach and level playing field across the Union.

Amendment    31

Proposal for a regulation

Article 1 – paragraph 1 – point 15 d (new)

Regulation (EC) No 1236/2005

Annex III – column 2 – points 1 and 2

 

Present text

Amendment

 

(15d) In Annex III, in the second column, points 1 and 2 are replaced by the following:

1. Goods designed for restraining human beings, as follows:

‘1. Goods designed for restraining human beings, as follows:

1.1. Restraint chairs and shackle boards

1.1. Restraint chairs and shackle boards

Note:

Note:

This item does not control restraint chairs designed for disabled persons.

This item does not control restraint chairs designed for disabled persons.

1.2. Leg-irons, gang-chains, shackles and individual cuffs or shackle bracelets

1.2. Leg-irons, gang-chains, shackles and individual cuffs or shackle bracelets

Note:

Note:

This item does not control ‘ordinary handcuffs’. Ordinary handcuffs are handcuffs which have an overall dimension including chain, measured from the outer edge of one cuff to the outer edge of the other cuff, between 150 and 280 mm when locked and have not been modified tocause physical pain or suffering.

This item does not control ‘ordinary handcuffs’. Ordinary handcuffs are handcuffs which have an overall dimension including chain, measured from the outer edge of one cuff to the outer edge of the other cuff, between 150 and 280 mm when locked and have not been modified to cause physical pain or suffering.

1.3. Thumb-cuffs and thumb-screws, including serrated thumb-cuffs

1.3. Thumb-cuffs and thumb-screws, including serrated thumb-cuffs

 

1.3.a Chairs, boards and beds fitted with straps

2. Portable devices designed for the purpose of riot control or self-protection, as follows:

2. Portable devices designed for the purpose of riot control or self-protection, as follows:

2.1. Portable electric shock devices, including but not limited to, electric shock batons, electric shock shields, stun guns and electric shock dart guns having a no-load voltage exceeding

2.1. Portable electric shock devices, including but not limited to, electric shock batons, electric shock shields, stun guns and electric shock dart guns having a no-load voltage exceeding

Notes:

Notes:

1. This item does not control electric shock belts as described in item 2.1 of Annex II.

1. This item does not control electric shock belts as described in item 2.1 of Annex II.

2. This item does not control individual electronic shock devices when accompanying their user for the user's own personal protection.

2. This item does not control individual electronic shock devices when accompanying their user for the user's own personal protection.

 

2.2a. Acoustic devices for the purpose of crowd/riot control

 

2.2b. Millimetre wave weapons’

Amendment    32

Proposal for a regulation

Article 2 – paragraph 2

 

Text proposed by the Commission

Amendment

Point 6 of Article 1 and, to the extent that it inserts Article 7d, point 7 of Article 1 shall apply as from 1 January 2015.

Point 6 of Article 1 and, to the extent that it inserts Article 7d, point 7 of Article 1 shall apply as from 1 February 2016.

Justification

Economic operators and enforcement authorities need a proportionate transition period to comply with and enforce these prohibitions.

Amendment    33

Proposal for a regulation

Annex II – Part 2

Regulation (EC) No 1236/2005

Annex IIIb (new)

 

Text proposed by the Commission

Amendment

Benin

deleted

Justification

This country still retains death penalty in its legislation

Amendment    34

Proposal for a regulation

Annex II - Part 2

Regulation (EC) No 1236/2005

Annex IIIb (new)

 

Text proposed by the Commission

Amendment

 

Gabon

Justification

Gabon has ratified without reservation the 2nd Optional Protocol to the International Covenant on Civil and Political Rights.

Amendment    35

Proposal for a regulation

Annex II – Part 2

Regulation (EC) No 1236/2005

Annex IIIb (new)

 

Text proposed by the Commission

Amendment

Liberia

deleted

Justification

This country still retains death penalty in its legislation

Amendment    36

Proposal for a regulation

Annex II – Part 2

Regulation (EC) 1236/2005

Annex IIIb (new)

 

Text proposed by the Commission

Amendment

Madagascar

deleted

Justification

This country still retains death penalty in its legislation.

Amendment    37

Proposal for a regulation

Annex II – Part 2

Regulation (EC) No 1236/2005

Annex IIIb (new)

 

Text proposed by the Commission

Amendment

Mongolia

deleted

Justification

This country still retains death penalty in its legislation.

Amendment    38

Proposal for a regulation

Annex II – Part 2

Regulation (EC) No 1236/2005

Annex IIIb (new)

 

Text proposed by the Commission

Amendment

Sao Tome and Principe

deleted

Justification

Sao Tomé and Principe, like Madagascar, have not ratified without reservation the 2nd Optional Protocol to the International Covenant on Civil and Political Rights.


EXPLANATORY STATEMENT

The EU-wide export controls are external trade policy tools serving variety of broader policy objectives. The "Anti-torture Regulation" (EC) No 1236/2005 is a unique instrument that contributes to protection of human rights via controls of items and activities that are used for or could be misused for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

The “Anti-torture Regulation” contributes to the long standing EU policy of eliminating death penalty worldwide, and of preventing torture. It helps achieve these goals by combining prohibitions with licensing requirements for trade in listed goods. It governs a ban of trade in "single-use" torture and execution items and related technical assistance (Annex II) and an authorisation system for "multi-purpose" items that could be misused for torture and executions by lethal injections (Annex III).

Legislative update

The overhaul of the EU's controls of trade in torture instruments has been long overdue, with the updates of the control lists being the steps in the right direction. The on-going review of the EU's anti-torture export controls was shaped, inter alia, by the efforts of the European Parliament, including demands voiced in its resolution of 17 June 2010 and additional requests on implementation made in the letter addressed to the Commissioner De Gucht and HR/VP Ashton by the Chairs of INTA and DROI on 27 June 2011.

It is important to ensure a right mix of the EU legislative, administrative, judicial and external measures to prevent and prohibit the production, trade and use of torture goods and effectively control items with potential lethal and inhumane uses. The absence of multilateral export control regimes in the field of torture goods as contrasted with the "dual-use" domain inevitably complicates the task. However, the EU cannot restrict its efforts to eradicate torture by reducing availability of abusive equipment, eliminating diversion and circumvention and promoting adequate controls beyond its borders. Trade instruments are an element of a comprehensive approach using all the EU's instruments for external action.

It is essential to ensure coherence of the EU's export controls including military, dual use, firearms and torture goods lists, without subjecting items to duplicate controls (with the exception of complementary controls preventing illicit drug trafficking).

The Commission proposes to strengthen the controls of torture tools, inter alia by:

•  inserting a specific Annex IIIa to prevent controlled medical products from being used for capital punishment by lethal injection;

•  introducing prohibition of brokering services for banned goods and extending the prohibition of brokering services and technical assistance for controlled goods, in cases a supplier/broker knows or has grounds to suspect the goods may be used for torture;

•  establishing Union General Export Authorisation for countries that undertaken firm international commitments under either Protocol No 13 to the European Convention on Human Rights or, the Second Optional Protocol to the International Covenant on Civil and Political Rights.

The rapporteur supports the approach of necessary and proportionate controls without superfluous burdens restricting trade which has legitimate end-use purposes. In this regard, a Community approach which retains a level playing field is essential. At the same time, the rapporteur recalls the need to make export control regimes future proof and to provide a flexibility to rapidly adapt to changing technologies and developments around the world. Specific item lists provide clarity for exporters and importers and help to ensure compliance. In the context of this regulation, particular importance of legitimate access to medicines and pharmaceuticals, of which the EU is a key producer, must be noted. Aside from technical assistance and brokering services, where possible, the EU should also attempt to control other services which can contribute to the spread of goods that can be used for torture or capital punishment, such as inter alia marketing or financial services.

With foreign trade transactions becoming ever-more complex, your rapporteur underlines the key role of effective enforcement of controls, verifications, penalties, guidance and outreach carried out by national authorities. Here too, a level playing field and Community approach are needed. The rapporteur recalls the need to adequately monitor implementation of member states' commitments, including their obligation of reporting and exchange of information via a secure encrypted system for rejected licences and notifications. As such, a system of regular reporting and reviewing, in line with other export control regimes, would seem appropriate. Furthermore, the responsibility of the industry in the process of verifying transactions in the purchaser-consignee-end-user chain cannot be underestimated. In the interest of clarity and legal certainty for companies, the rapporteur calls upon the Commission to codify the Regulation in due time once the current update is adopted.

Delegation of powers

The “Anti-torture Regulation" was included into the "Trade Omnibus I" package, aligning the act with the provisions of the Lisbon Treaty. As of 20 February 2014, it empowered the Commission to adopt delegated acts for the purpose of amending Annexes I-V to the Regulation, establishing the objection period of two months after notification, extendable by further two months, and the reporting obligation every five years. Consequently, provisions on the delegation of powers in current proposal are redundant and should be deleted. The rapporteur reminds the Commission that the Parliament should be provided full information and documentation on its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. The Commission should ensure that the Parliament is duly involved, in order to create the best possible conditions for future scrutiny of delegated acts by the Parliament.

The rapporteur supports introduction of the urgency procedure providing for immediate application of the Commission act, enabling swift modification of Annex II, III or IIIa when imperative grounds of urgency exist. The EU must proactively and instantly update control lists to include relevant devices, equipment, components, accessories, intermediate products and technologies entering the market.


OPINION of the Committee on Foreign Affairs (2.7.2015)

for the Committee on International Trade

on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment

(COM(2014)0001 – C7-0014/2014 – 2014/0005(COD))

Rapporteur: Barbara Lochbihler

SHORT JUSTIFICATION

The review of the Regulation aims to further strengthen the EU's role as a leading and responsible global actor in the fight against the death penalty and the eradication of torture.

The draft opinion seeks to strengthen the provisions on the ancillary services linked to the transfer of goods, as well as on transit, technical assistance and commercial marketing. In line with Parliament's repeatedly expressed position, it aims to introduce a targeted end-use clause in order for Member States to prohibit or suspend the transfer of security-related items not listed in Annex II and III that clearly have no other practical use other than the purpose of capital punishment, torture or other ill-treatment, or there are reasonable grounds to believe that the transfer of those items would lead to the facilitation or the commission of judicial execution, torture or other ill-treatment.

It also proposes establishing an Equipment Coordination Group and introducing a periodical review mechanism and more systematic information-sharing and reporting in order to strengthen the oversight and efficient implementation of the Regulation.

AMENDMENTS

The Committee on Foreign Affairs calls on the Committee on International Trade, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a regulation

Recital 19 a (new)

 

Text proposed by the Commission

Amendment

 

(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 medical products that could be used for the purpose of capital punishment.

Amendment    2

Proposal for a regulation

Article 1 – paragraph 1 – point 2 – point a a (new)

Regulation (EC) No 1236/2005

Article 2 – point f

 

Present text

Amendment

(aa) Point (f) is replaced by the following:

‘(f) ‘technical assistance’ means any technical support related to repairs, development, manufacture, testing, maintenance, assembly 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;

‘(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;’

Justification

This amendment seeks to amend a provision within the existing act - Article 2 f - that was not referred to in the Commission proposal. The amendment seeks to add the word 'use' to clarify the definition of technical assistance.

Amendment    3

Proposal for a regulation

Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1236/2005

Article 2 – point k – subparagraph 2

 

Text proposed by the Commission

Amendment

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

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

Amendment    4

Proposal for a regulation

Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1236/2005

Article 2 – point l

 

Text proposed by the Commission

Amendment

(l) ‘broker’ means any natural 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;

(l) ‘broker’ means any natural or legal person or partnership resident or established in a Member State or a national of a Member State that carries out services defined under point (k);

Amendment    5

Proposal for a regulation

Article 1 – paragraph 1 – point 2 – point c

Regulation (EC) No 1236/2005

Article 2 – point m

 

Text proposed by the Commission

Amendment

(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;

(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);

Amendment    6

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 1236/2005

Article 2 – point r a (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment    7

Proposal for a regulation

Article 1 – paragraph 1 – point 2 a (new)

Regulation (EC) No 1236/2005

Article 4 – paragraph 1

 

Present text

Amendment

(2a) Article 4(1) is replaced by the following:

1. Any import of goods listed in Annex II shall be prohibited, irrespective of the origin of such goods.

ʻ1. Any import of goods listed in Annex II shall be prohibited, irrespective of the origin of such goods.

The acceptance by a person, entity or body in the customs territory of the Community of technical assistance related to goods listed in Annex II, supplied from a third country, whether for consideration or not, by any person, entity or body shall be prohibited.

The acceptance by a person, entity or body in the customs territory of the Community of technical assistance related to goods listed in Annex II, supplied from a third country, whether for consideration or not, by any person, entity or body shall be prohibited.

 

Transit through the customs territory of the Union shall be prohibited for goods listed in Annex II.ʼ

Amendment    8

Proposal for a regulation

Article 1 – paragraph 1 – point 2 b (new)

Regulation (EC) No 1236/2005

Article -4 a (new)

 

Text proposed by the Commission

Amendment

 

(2b) After Article 4, the following Article is inserted:

 

ʻArticle -4a

 

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 products listed in Annex II shall be strictly prohibited. Those commercial marketing and promotion activities shall include those done using intangible sources, notably the internet. Other ancillary services, including transportation, financial services, insurance and re-insurance, shall also be strictly prohibited.ʼ

Amendment    9

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Regulation (EC) No 1236/2005

Article 5 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

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.

For any export of goods listed in Annex III, an authorisation shall be required, irrespective of the origin of such goods. A transit authorisation shall be required for goods listed in Annex III which only pass through the customs territory of the Union.

Amendment    10

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1236/2005

Article 7a – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. Member States shall conduct appropriate promulgation activities 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 this Regulation and their obligations under it.

Justification

This amendment seeks to amend a provision within the existing act - Article 7a - point 1

Amendment    11

Proposal for a regulation

Article 1 – paragraph 1 – point 6

Regulation (EC) No 1236/2005

Article 7a – paragraph 2

 

Text proposed by the Commission

Amendment

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.ʼ

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 that could aid the commission of judicial executions, torture or other ill-treatment.ʼ

Amendment    12

Proposal for a regulation

Article 1 – paragraph 1 – point 6 a (new)

Regulation (EC) No 1236/2005

Article 7 a a (new)

 

Text proposed by the Commission

Amendment

 

(6a) After Article 7a, the following Article is inserted:

 

ʻArticle 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 ill-treatment, or where there are reasonable grounds to believe that the transfer of such item would lead to the facilitation of the commission of judicial execution, torture or other ill-treatment.

 

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 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 the items referred to in paragraph 1 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 shall not extend to medical products that could be used for the purpose of capital punishment.’

Amendment    13

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EC) No 1236/2005

Article 7b – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

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.

1. An authorisation shall be required for any export of goods listed in Annex IIIa, irrespective of the origin of such goods. A transit authorisation shall be required for goods listed in Annex IIIa which only pass through the customs territory of the Union.

Amendment    14

Proposal for a regulation

Article 1 – paragraph 1 – point 7

Regulation (EC) No 1236/2005

Article 7d – paragraph 2

 

Text proposed by the Commission

Amendment

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.’

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. 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 judicial executions.

Amendment    15

Proposal for a regulation

Article 1 – paragraph 1 – point 8

Regulation (EC) No 1236/2005

Article 8 – paragraph 6

 

Text proposed by the Commission

Amendment

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.

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 a 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    16

Proposal for a regulation

Article 1 – paragraph 1 – point 12 a (new)

Regulation (EC) No 1236/2005

Article 13 – paragraph 1

 

Present text

Amendment

 

(12a) In Article 13, paragraph 1 is replaced by the following:

'1. Without prejudice to Article 11, the Commission and the Member States shall, upon request, inform each other of the 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.

‘1. Without prejudice to Article 11, each Member State shall inform the Commission of measures taken under this Regulation and supply 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 the other Member States.’

Justification

This amendment seeks to amend a provision within the existing act - Article 13.1 - that was not referred to in the Commission proposal.

Amendment    17

Proposal for a regulation

Article 1 – paragraph 1 – 12 b (new)

Regulation (EC) No 1236/2005

Article 13 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

(12b) In Article 13, the following paragraph is inserted:

 

‘3a. The Commission shall make available publicly its annual report, compiling the annual activity reports made public by Member States in accordance with paragraph 3.ʼ

Amendment    18

Proposal for a regulation

Article 1 – paragraph 1 – point 14 a (new)

Regulation (EC) No 1236/2005

Article -15 a (new)

 

Text proposed by the Commission

Amendment

 

(14a) The following Article is inserted:

 

ʻArticle -15a

 

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.ʼ

Amendment    19

Proposal for a regulation

Article 1 – paragraph 1 – point 15 a (new)

Regulation (EC) No 1236/2005

Article 15 c

 

Text proposed by the Commission

Amendment

 

(15c) The following Article is inserted:

 

ʻArticle 15c

 

Review of the implementation

 

1. 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 amendment. Member States shall provide all appropriate information to the Commission for the preparation of the report.

 

2. This review shall include 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.

Amendment    20

Proposal for a regulation

Article 1 – paragraph 1 – point 15 – point -a (new)

Regulation (EC) No 1236/2005

Annex II – table 1 – column 2 – point 2.2a (new)

 

Text proposed by the Commission

Amendment

 

(-a) In Annex II, after point 2.2 the following points are inserted:

 

ʻ2.2a Direct contact electric shock batons, stun guns and stun shields intended for law enforcement purposes

 

2.2b Prisoner hoods intended for law enforcement purposes

 

2.2c Prisoner control pliersʼ

Amendment    21

Proposal for a regulation

Article 1 – paragraph 1 – point 15 – point -a a (new)

Regulation (EC) No 1236/2005

Annex III – table 1 – column 2 – point 1.3 a (new)

 

Text proposed by the Commission

Amendment

 

(-aa) In Annex III, after point 1.3 the following point is inserted:

 

ʻ1.3a Chairs, boards and beds fitted with strapsʼ

Amendment    22

Proposal for a regulation

Article 1 – paragraph 1 – point 15 – point -a b (new)

Regulation (EC) No 1236/2005

Annex III – table 1 – column 2 – point 2.1

 

Present text

Amendment

(-ab) Point 2.1 of Annex III is replaced by the following:

ʻ2.1. Portable electric discharge weapons that can target only one individual each time an electric shock is administered, including but not limited to electric shock batons, electric shock shields, stun guns and electric shock dart guns.

ʻ2.1 Portable electric shock devices including but not limited to, electric shock dart guns having a no-load voltage exceeding 10 000 V.

Notes:

Notes:

1. This item does not control electric shock belts and other devices falling within item 2.1 of Annex II

1. This item does not cover electric shock belts and other devices as described in item 2.1 and 2.2a of Annex II

2. This item does not control individual electronic shock devices when accompanying their user for the user’s own personal protectionʼ

2. This item does not cover individual electronic shock devices when accompanying their user for the user’s own personal protectionʼ

Justification

This amendment seeks to amend a provision within the existing act - Annex III Point 2 - that was not referred to in the Commission proposal.

Amendment    23

Proposal for a regulation

Article 1 – paragraph 1 – point 15 - point -a c (new)

Regulation (EC) No 1236/2005

Annex III – table 1 – column 2 – point 2.3 a (new)

 

Text proposed by the Commission

Amendment

 

(-ac) In Annex III, after point 2.3 the following points are inserted:

 

ʻ2.3a Acoustic devices for the purpose of crowd/riot control

 

2.3b Millimetre wave weaponsʼ

PROCEDURE

Title

Trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment

References

COM(2014)0001 – C7-0014/2014 – 2014/0005(COD)

Committee responsible

       Date announced in plenary

INTA

15.1.2015

 

 

 

Opinion by

       Date announced in plenary

AFET

15.1.2015

Rapporteur

       Date appointed

Barbara Lochbihler

3.12.2014

Date adopted

29.6.2015

 

 

 

Result of final vote

+:

–:

0:

45

2

3

Members present for the final vote

Francisco Assis, Petras Auštrevičius, Goffredo Maria Bettini, Elmar Brok, Klaus Buchner, James Carver, Fabio Massimo Castaldo, Javier Couso Permuy, Mark Demesmaeker, Georgios Epitideios, Eugen Freund, Sandra Kalniete, Manolis Kefalogiannis, Afzal Khan, Janusz Korwin-Mikke, Eduard Kukan, Ilhan Kyuchyuk, Barbara Lochbihler, Sabine Lösing, Andrejs Mamikins, David McAllister, Tamás Meszerics, Francisco José Millán Mon, Javier Nart, Pier Antonio Panzeri, Tonino Picula, Andrej Plenković, Jozo Radoš, Sofia Sakorafa, Jacek Saryusz-Wolski, Jaromír Štětina, Charles Tannock, Geoffrey Van Orden, Hilde Vautmans, Boris Zala

Substitutes present for the final vote

Brando Benifei, Tanja Fajon, Neena Gill, Sergio Gutiérrez Prieto, Javi López, Godelieve Quisthoudt-Rowohl, Marietje Schaake, Helmut Scholz, Igor Šoltes, Traian Ungureanu

Substitutes under Rule 200(2) present for the final vote

Franc Bogovič, Daniel Buda, Pascal Durand, Andrey Novakov, Jarosław Wałęsa


PROCEDURE ()

Title

Trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment

References

COM(2014)0001 – C7-0014/2014 – 2014/0005(COD)

Date submitted to Parliament

14.1.2014

 

 

 

Committee responsible

       Date announced in plenary

INTA

15.1.2015

 

 

 

Committees asked for opinions

       Date announced in plenary

AFET

15.1.2015

 

 

 

Rapporteurs

       Date appointed

Marietje Schaake

21.1.2015

 

 

 

Discussed in committee

23.2.2015

28.5.2015

29.6.2015

 

Date adopted

22.9.2015

 

 

 

Result of final vote

+:

–:

0:

34

0

4

Members present for the final vote

William (The Earl of) Dartmouth, Maria Arena, Tiziana Beghin, David Campbell Bannerman, Salvatore Cicu, Marielle de Sarnez, Santiago Fisas Ayxelà, Eleonora Forenza, Karoline Graswander-Hainz, Yannick Jadot, Ska Keller, Jude Kirton-Darling, Gabrielius Landsbergis, Bernd Lange, Emma McClarkin, Anne-Marie Mineur, Sorin Moisă, Franck Proust, Godelieve Quisthoudt-Rowohl, Viviane Reding, Inmaculada Rodríguez-Piñero Fernández, Tokia Saïfi, Matteo Salvini, Marietje Schaake, Helmut Scholz, Joachim Schuster, Joachim Starbatty, Adam Szejnfeld, Hannu Takkula, Iuliu Winkler, Jan Zahradil

Substitutes present for the final vote

Klaus Buchner, Dita Charanzová, Edouard Ferrand, Agnes Jongerius, Sander Loones, Gabriel Mato, Fernando Ruas, Jarosław Wałęsa

Substitutes under Rule 200(2) present for the final vote

Marco Affronte

Date tabled

29.9.2015

Last updated: 23 September 2016Legal notice