Procedure : 2008/0249(COD)
Document stages in plenary
Document selected : A7-0028/2011

Texts tabled :

A7-0028/2011

Debates :

PV 04/04/2011 - 15
CRE 04/04/2011 - 15

Votes :

PV 05/04/2011 - 4.6
CRE 05/04/2011 - 4.6
Explanations of votes
PV 27/09/2011 - 8.11
CRE 27/09/2011 - 8.11
Explanations of votes

Texts adopted :

P7_TA(2011)0125

REPORT     ***I
PDF 415kWORD 638k
7 February 2011
PE 443.007v05-00 A7-0028/2011

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology

(COM(2008)0854 – C7-0062/2010 – 2008/0249(COD))

Committee on International Trade

Rapporteur: Jörg Leichtfried

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

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology

(COM(2008)0854 – C7-0062/2010 – 2008/0249(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2008)0854),

–   having regard to Article 133 of the EC Treaty,

–   having regard to the Communication from the Commission to the European Parliament and the Council entitled "Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures" (COM(2009)0665),

–   having regard to Article 294(3) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0062/2010),

–   having regard to Article 27 of Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual use items (recast), pursuant to which Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology has been repealed with effect from 27 August 2009,

–   having regard to Rule 55 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 (A7-0028/2011),

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 – amending act

Title

Text proposed by the Commission

Amendment

Council Regulation amending Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology

Regulation of the European Parliament and of the Council amending Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual use items (recast)

Justification

This amendment clarifies that the three institutions agree to amend the latest version of the Regulation. On 17 December 2008, the Commission submitted a proposal to amend Regulation No. 1334/2000 to the Council. Regulation No. 1334/2000 was replaced by a new Dual-Use-Regulation (Recast) No 428/2009 and entered into force on 27 August 2009. The European Parliament received the formal referral on the proposal for the Regulation to amend Regulation No 1334/2000 via the so-called Omnibus Communication of 2 December 2009, through a letter of the Commission's Secretary General of 1 March 2010. The Rapporteur therefore suggests to apply subsequent amendments to the most recent and valid legal act in order not to delay the addition of the proposed new export authorisations.

Amendment  2

Proposal for a regulation – amending act

Recital 1

Text proposed by the Commission

Amendment

(1) Council Regulation (EC) No 1334/2000 of 22 June 2000 setting up a Community regime for the control of exports of dual-use items and technology requires dual-use items (including software and technology) to be subject to effective control when they are exported from the Community.

(1) Council Regulation (EC) No 1334/2000 of 22 June 2000, as amended by Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual use items requires dual-use items (including software and technology) to be subject to effective control when they are exported from or transit through the Union, or are delivered to a third country as a result of brokering services provided by a broker resident or established in the Union.

Justification

This amendment clarifies that the three institutions agree to amend the latest version of the Regulation setting up a Community regime for the control of exports, transfer, brokering and transit of dual use items.

Amendment  3

Proposal for a regulation – amending act

Recital 2

Text proposed by the Commission

Amendment

(2) It is desirable to achieve uniform and consistent application of controls throughout the Community in order to avoid unfair competition among Community exporters and ensure efficiency of the security controls in the Community.

(2) It is desirable to achieve uniform and consistent application of controls throughout the Union in order to avoid unfair competition among Union exporters, harmonise the scope of general export authorisations and the conditions of their use and ensure efficiency of the security controls in the Union.

Justification

This amendment seeks to put the overall instrument into a clear perspective of international trade as an exclusive competence of the Union. The "finalité politique" of the instrument should be a full harmonisation of the scope of GEA and the condition of their use.

Amendment  4

Proposal for a regulation – amending act

Recital 3

Text proposed by the Commission

Amendment

(3) In its Communication of 18 December 2006, the Commission put forward the idea of the creation of new Community General Export Authorisations in a bid to simplify the current legal system, enhance the industry’s competitiveness and establish a level playing field for all Community exporters when they export certain items to certain destinations.

(3) In its Communication of 18 December 2006, the Commission put forward the idea of the creation of new Union General Export Authorisations in a bid to simplify the current legal system, enhance the industry’s competitiveness and establish a level playing field for all Union exporters when they export certain items to certain countries of destination.

Justification

Alignment of wording to the Lisbon Treaty.

Amendment  5

Proposal for a regulation – amending act

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a) On 5 May 2009, the Council adopted Regulation (EC) No 428/2009. Accordingly, Regulation (EC) No 1334/2000 was repealed with effect from 27 August 2009. The relevant provisions of Regulation (EC) No 1334/2000 continue to apply only for export authorisation applications made before 27 August 2009.

Justification

This amendment is to establish a clear reference to the repealing effect of Regulation 428/2009 with regard to Regulation 1334/2000.

Amendment  6

Proposal for a regulation – amending act

Recital 4

Text proposed by the Commission

Amendment

(4) In order to create new Community General Export Authorisations for certain non-sensitive dual-use items to certain non-sensitive countries, the relevant provisions of Regulation (EC) No 1334/2000 need to be amended by the addition of new Annexes.

(4) In order to create new Union General Export Authorisations for certain specific dual-use items to certain specific countries, the relevant provisions of Regulation (EC) No 428/2009 need to be amended by the addition of new Annexes.

Amendment  7

Proposal for a regulation – amending act

Recital 5

Text proposed by the Commission

Amendment

(5) The competent authorities of the Member State where the exporter is established should be provided with the possibility of not permitting the use of the Community General Export Authorisations foreseen in this Regulation where the exporter has been sanctioned of an export-related offence punishable by the withdrawal of the right to use these authorisations.

(5) The competent authorities of the Member State where the exporter is established should be provided with the possibility of not permitting the use of the Union General Export Authorisations foreseen in this Regulation where the exporter has been sanctioned because of an export-related offence punishable by the withdrawal of the right to use these authorisations.

Justification

Alignment of wording to the Lisbon Treaty.

Amendment  8

Proposal for a regulation – amending act

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a) In the interest of transparency, democracy and efficient implementation of Regulation (EC) No 428/2009, this Regulation should provide for a mechanism that gives stakeholders such as human rights and peace monitoring organisations and trade unions a say in the decision making process that leads to the updating of the countries of destination as well as the updating of goods identified as dual use items.

Amendment  9

Proposal for a regulation – amending act

Recital 6

Text proposed by the Commission

Amendment

(6) Regulation (EC) No 1334/2000 should therefore be amended accordingly.

(6) Regulation (EC) No 428/2009 should therefore be amended accordingly.

Justification

Clarification on the Regulation, to which this amending Regulation refers to.

Amendment  10

Proposal for a regulation – amending act

Article 1 – point 2 a (new)

Regulation (EC) No 428/2009

Article 13 – paragraph 6

 

Text proposed by the Commission

Amendment

 

(2a) Article 13, paragraph 6 is replaced by the following:

 

6. All notifications required under this Article will be made via secure electronic means including [...] a secure system that shall be set up in accordance with Article 19(4).

Justification

This amendment refers to the obligation of the Commission to set up a secure system for the collection, transmission, and storage of notifications.

Amendment  11

Proposal for a regulation – amending act

Article 1 – point 2 b (new)

Regulation (EC) No 428/2009

Article 19 – paragraph 4

 

Text proposed by the Commission

Amendment

 

(2b) Article 19, paragraph 4 is replaced by the following:

 

4. A secure and encrypted system for the exchange of information among Member States and whenever appropriate the Commission shall be set up by the Commission, in consultation with the Dual-Use Coordination Group set up under Article 23. The European Parliament shall be informed about the system's budget, development, provisional and final set-up and functioning, and network costs.

Justification

This amendment seeks to oblige the Commission to set up a secure system for the collection, transmission, and storage of notifications. Moreover, the Rapporteur suggests to include a paragraph that obliges the Commission to inform the European Parliament about the system's creation and functioning. Until now, this system is only a possibility introduced in the 2009 Regulation. The system would be destined to have access on-line to a database containing e.g. the denials of export authorisations.

Amendment 12

Proposal for a regulation – amending act

Article 1 – point 2 c (new)

Regulation (EC) No 428/2009

Article 23

 

Text proposed by the Commission

Amendment

 

(2c) Article 23 is replaced by the following:

 

"Article 23

 

1. A Dual-Use 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 Chair of the Dual-Use Coordination Group or the Coordination Group shall, whenever it considers it to be necessary, consult exporters, brokers and other relevant stakeholders concerned by this Regulation.

 

3. The Chair of the Dual-Use Coordination Group shall submit an annual report to the European Parliament on its activities, questions examined and consultations as well as a list of exporters, brokers and stakeholders that have been consulted. "

Justification

This amendment seeks to establish an obligation for the Dual-Use Coordination Group to submit an annual report to the European Parliament in order to fulfil the latter's control function vis-à-vis the European Commission.

Amendment  13

Proposal for a regulation – amending act

Article 1 – point 2 d (new)

Regulation (EC) No 428/2009

Article 25

 

Text proposed by the Commission

Amendment

(2d) Article 25 is replaced by the following:

 

"Article 25

 

Review and reporting

 

1. Each Member State shall inform the Commission of the laws, regulations and administrative provisions adopted in implementation of this Regulation, including the measures referred to in Article 24. The Commission shall forward the information to the other Member States.

 

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

 

3. Special sections of the report shall deal with:

 

(a) the Dual-Use Coordination Group and cover its activities, questions examined and consultations as well as a list of exporters, brokers and stakeholders that have been consulted;

 

(b) the implementation of Article 19(4), and shall contain a report on the stage reached in the set-up of the secure and encrypted system for the exchange of information among Member States and the Commission;

 

(c) the implementation of Article 15(1), which provides for Annex I to be updated in conformity with the relevant obligations and commitments, and any modification thereof, that Member States have accepted as members of the international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties, including the Australia Group, the Missile Technology Control Regime (MTCR), the Nuclear Suppliers Group (NSG), the Wassenaar Arrangement and the Chemical Weapons Convention (CWC);

 

(d) the implementation of Article 15(2), which provides for Annex IV, as a subset of Annex I, to be updated with regard to Article 36 of the Treaty on the Functioning of the European Union, namely the public policy and public security interests of the Member States.

 

A further special section of the report shall provide comprehensive evidence on penalties, including criminal penalties for serious infringements of the provisions of this Regulation, such as intentional exports intended for use in a programme for the development or manufacture of chemical, biological, nuclear weapons or of missiles capable of their delivery without the authorisation required under this Regulation, or the falsification or omission of information with a view to obtaining an authorisation that would otherwise have been denied.

 

4. The European Parliament or the Council may invite the Commission to an ad hoc meeting of the competent committee of Parliament or of the Council to present and explain any issues related to the application of this Regulation.

Justification

This amendment introduces an obligation of the Commission to report on the implementation and application as well as to provide a comprehensive impact assessment of the Regulation. The report shall include information on the Dual-Use Coordination Group, the implementation of Article 19, paragraph 4 and Article 15 of the regulation, and on member states' penalties for serious infringements of the provisions of this Regulation.

Amendment  14

Proposal for a regulation – amending act

Article 1 – point 2 e (new)

Regulation (EC) No 428/2009

Article 25 a (new)

 

Text proposed by the Commission

Amendment

 

(2e) The following Article is inserted:

 

"Article 25a

 

International cooperation

 

Without prejudice to the provisions on mutual administrative assistance agreements or protocols in customs matters concluded between the Union and third countries, the Commission may negotiate with third countries agreements providing for the mutual recognition of export controls of dual-use items covered by this Regulation, in particular to eliminate authorisation requirements for re-exports within the territory of the Union. These shall be conducted in accordance with the procedures established by Article 207(3) of the Treaty on the Functioning of the European Union and the relevant provisions of the Treaty establishing the European Atomic Energy Community, as appropriate.

 

When appropriate and when projects financed by the Union are at stake, the Commission can make proposals, in the relevant legislative frameworks of the Union or in the arrangements with third countries, so that an ad hoc committee involving all competent authorities of the Member States can be set up and be entitled to decide on the granting of the necessary export authorisations to ensure the proper functioning of those projects involving dual-use items or technologies.

Justification

This amendment seeks to establish a legal basis on international cooperation to contribute to solving current situations such as e.g. where exporters in third countries and in the EU are obliged to apply controls to transfers of dual-use items in the single market (when third countries' laws impose re-export rules within the single market of dual-use items imported), to allow for mutual recognition of export authorisations and therefore to greatly facilitate joint industrial projects or research projects in particular with third countries members of international export control regimes or listed in the current GEA, and to allow for the adoption of EU-wide specific export control rules that would be applicable to the technologies developed in the EU in the context of EU-financed international programmes involving third countries and would also cover access through intangible means to those technologies.

Amendment  15

Proposal for a regulation – amending act

Annex IIb

Regulation (EC) No 428/2009

Part 3 – paragraph 5

 

Text proposed by the Commission

Amendment

5. For the purposes of this authorisation, “a low-value shipment” means items which are comprised in a single export order and are dispatched by an exporter to a named consignee in one or more consignments the aggregate value of which does not exceed €5 000. For this purpose, “value” means the price billed to the consignee; if there is no consignee or determinable price, it is the statistical value.

5. For the purpose of this authorisation, "a low-value shipment" means items which are comprised in a single export contract and are dispatched by an exporter to a named consignee in one or more consignments the aggregate value of which does not exceed € 3000. If a transaction or act proves to be part of an integral economic operation, the value of the whole operation shall be considered when calculating the value of this authorisation. For this purpose, "value" means the price billed to the consignee; if there is no consignee or determinable price, it is the statistical value. For the calculation of the statistical value, Title II Chapter 3, Articles 28 to 36 of Regulation (EEC) No 2913/92 shall apply. If the value cannot be determined, the authorisation shall not be granted.

 

Additional costs such as packaging and transport costs may be excluded from the calculation of the value only if:

 

(a) they are reported separately on the bill; and

 

(b) they do not contain any additional factors which influence the value of the good.

Amendment  16

Proposal for a regulation – amending act

Annex IIb

Regulation (EC) No 428/2009

Part 3 – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

5a. The amount in euro as laid down in Article 5 shall be reviewed annually starting on 31 October 2012, in order to take account of changes in the Harmonised Indices of Consumer Prices of all Member States as published by the European Commission (Eurostat). That amount shall be adapted automatically, by increasing the base amount in euro by the percentage change in that index over the period between 31 December 2010 and the review date.

The Commission shall inform the European Parliament and the Council annually of the review and the adapted amount referred to in paragraph 1.

Amendment  17

Proposal for a regulation – amending act

Annex IIc

Regulation (EC) No 428/2009

Part 1 – Items

 

Text proposed by the Commission

Amendment

1-1) This is general export authorisation in accordance with Article 6(1) and covers the following items:

1-1) This general export authorisation is in accordance with Article 9(1) and covers the following items:

All dual-use items specified in any entry in Annex I except those listed in paragraph 1-2 below:

All dual-use items specified in any entry in Annex I except those listed in paragraph 1-2 below:

a. where the items were imported into the European Community territory for the purpose of maintenance or repair, and are exported to the country of consignment without any changes to their original characteristics, or

a. where the items were re-imported into the customs territory of the Union for the purpose of maintenance, repair or replacement, and are exported or re-exported to the country of consignment without any changes to their original characteristics within a period of five years after the date when the original export authorisation has been granted, or

b. where the items are exported to the country of consignment in exchange for items of the same quality and number which were re-imported into the European Community territory for repair or replacement under warranty.

b. where the items are exported to the country of consignment in exchange for items of the same quality and number which were re-imported into the customs territory of the Union for maintenance, repair or replacement within a period of five years after the date when the original export authorisation has been granted.

Justification

Editorial amendment to align Part I to the Lisbon Treaty and Regulation No. 428/2009.

Amendment  18

Proposal for a regulation – amending act

Annex IIc

Regulation (EC) No 428/2009

Part 2 – Countries of destination

 

Text proposed by the Commission

Amendment

Algeria, Andorra, Antigua and Barbuda, Argentina, Aruba, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, British Virgin Islands, Brunei, Cameroon, Cape Verde, Chile, China, Comoros Islands, Costa Rica, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Falkland Islands, Faroe islands, Fiji, French Guyana, French OT, Gabon, Gambia, Gibraltar, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Ghana, Guinea Bissau, Guyana, Honduras, Hong Kong Special Administrative Region, Iceland, India, Indonesia, Israel, Jordan, Kuwait, Lesotho, Liechtenstein, Macau, Madagascar, Malawi, Malaysia, Maldives, Mali, Martinique, Mauritius, Mexico, Monaco, Montserrat, Morocco, Namibia, Netherlands Antilles, New Caledonia, Nicaragua, Niger, Nigeria, Oman, Panama, Papua New Guinea, Peru, Philippines, Puerto Rico, Qatar, Russia, Samoa, San Marino, Sao Tome e Principe, Saudi Arabia, Senegal, Seychelles, Singapore, Solomon Islands, South Africa, South Korea, Sri Lanka, St. Helena, St. Kitts and Nevis, St. Vincent, Surinam, Swaziland, Taiwan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, United Arab Emirates, Uruguay, US Virgin Islands, Vanuatu, Venezuela.

Argentina, Albania, Bosnia and Herzegovina, Brazil, Chile, China (including Hong Kong and Macao), Croatia, Former Yugoslav Republic of Macedonia, French Overseas Territories, Iceland, India, Israel, Kazakhstan, Republic of Korea, Mexico, Montenegro, Morocco, Russia, Serbia, Singapore, South Africa, Tunisia, Turkey, Ukraine, United Arab Emirates.

Justification

EU003 items should only be exported to those destinations which are agreed and consensual among Member States.

Amendment  19

Proposal for a regulation – amending act

Annex IIc

Regulation (EC) No 428/2009

Part 3 – paragraph 1

 

Text proposed by the Commission

Amendment

1. This general authorisation can only be used when the initial export has taken place under a Community General Export Authorisation or an initial export authorisation has been granted by the competent authorities of the Member State where the original exporter was established for the export of the items which have subsequently been re-imported into the Community Custom territory for the purposes of repair or replacement under warranty, as defined below.

1. This authorisation can only be used when the initial export has taken place under a Union General Export Authorisation or an initial export authorisation has been granted by the competent authorities of the Member State where the original exporter was established for the export of the items which have subsequently been re-imported into the customs territory of the Union for the purposes of maintenance, repair or replacement. This general authorisation is valid only for exports to the original end-user.

Justification

Editorial amendment to align Part I to the Lisbon Treaty and Regulation No. 428/2009.

Amendment  20

Proposal for a regulation – amending act

Annex IIc

Regulation (EC) No 428/2009

Part 3 – paragraph 2 – point 4

 

Text proposed by the Commission

Amendment

(4) for an essentially identical transaction where the initial authorisation has been revoked.

(4) when the initial authorisation has been annulled, suspended, modified, or revoked.

Justification

This amendment seeks to complete the conditions under Part 3 - paragraph 2.

Amendment  21

Proposal for a regulation – amending act

Annex IIc

Regulation (EC) No 428/2009

Part 3 – paragraph 2 – point 4 a (new)

 

Text proposed by the Commission

Amendment

 

(4a) when the end use of the items in question is different from that specified in the original export authorisation.

Justification

The proposed wording aims at stricter limitation of the proposed authorisation.

Amendment  22

Proposal for a regulation – amending act

Annex IIc

Regulation (EC) No 428/2009

Part 3 – paragraph 3 – point 2

 

Text proposed by the Commission

Amendment

(2) provide customs officers, if so requested, with documentary evidence of the date of importation of the goods into the European Community, of any repairs to the goods carried out in the European Community and of the fact that the items are being returned to the person and the country from which they were imported into the European Community.

(2) provide customs officers, if so requested, with documentary evidence of the date of importation of the goods into the Union, of any repairs to the goods carried out in the Union and of the fact that the items are being returned to the end user and the country from which they were imported into the Union.

Justification

The proposed wording aims at stricter limitation of the proposed authorisation.

Amendment  23

Proposal for a regulation – amending act

Annex IIc

Regulation (EC) No 428/2009

Part 3 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Any exporter who uses this authorisation must notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) of first use of the authorisation no later than 30 days after the date when the first export takes place.

4. Any exporter who uses this general authorisation must notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) and the Commission of the first use of this authorisation prior to the date when the first export takes place.

 

Reporting requirements attached to the use of this authorisation and additional information that the Member State from which the export is made shall require on items exported under this authorisation are defined by Member States.

 

A Member State shall require the exporter established in that Member State to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request.

 

Where applicable the requirements set out in the second and third subparagraphs shall be based on those defined for the use of national general export authorisations granted by those Member States which provide for such authorisations.

 

Any exporter who uses this general authorisation shall every six months inform the relevant national authority of the Member State where he is established and the Commission of the quantity, value and country of destination of each item exported. This information shall include a description of the items exported along with the relevant control list reference as set out in Annex 1 of this Regulation.

 

Member States shall notify the Commission of the notification mechanism chosen for this General Export Authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.

Justification

This amendment introduces an ex-ante notification and registration requirement to the Member States and the Commission, thus raising transparency.

Amendment  24

Proposal for a regulation – amending act

Annex IId

Regulation (EC) No 428/2009

Part 2 – Countries of Destination

 

Text proposed by the Commission

Amendment

Argentina, Bahrain, Bolivia, Brazil, Brunei, Chile, China, Ecuador, Egypt, Hong Kong Special Administrative Region, Iceland, Jordan, Kuwait, Malaysia, Mauritius, Mexico, Morocco, Oman, Philippines, Qatar, Russia, Saudi Arabia, Singapore, South Africa, South Korea, Tunisia, Turkey, Ukraine

Argentina, Albania, Croatia, Bosnia and Herzegovina, Brazil, Chile, China (including Hong Kong and Macao), Former Yugoslav Republic of Macedonia, French Overseas Territories, Republic of Korea, Iceland, India, Israel, Kazakhstan, Mexico, Montenegro, Morocco, Russia, Serbia, Singapore, South Africa, Tunisia, Turkey, Ukraine, United Arab Emirates

Justification

Items should only be exported to those destinations which are agreed and consensual among Member States.

Amendment  25

Proposal for a regulation – amending act

Annex IId

Regulation (EC) No 428/2009

Part 3 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

1a. This general authorisation authorises the export of items listed in Part 1 on condition that the export concerns temporary export for exhibitions or fairs and that the items are to be re-imported within a period of 120 days after the initial export, complete and without modification, into the customs territory of the Union.

Justification

This amendment sets a new condition to re-import the items in question within a certain period.

Amendment  26

Proposal for a regulation – amending act

Annex IId

Regulation (EC) No 428/2009

Part 3 – paragraph 1 – point 4 a (new)

 

Text proposed by the Commission

Amendment

 

(4a) where their return, in their original state, without the removal, copying or dissemination of any component or software, cannot be guaranteed by the exporter, or where a transfer of technology is connected with a presentation;

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment  27

Proposal for a regulation – amending act

Annex IId

Regulation (EC) No 428/2009

Part 3 – paragraph 1 – point 4 b (new)

 

Text proposed by the Commission

Amendment

(4b) where the relevant items are to be exported for a private presentation or demonstration (for example. in in-house showrooms);

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment  28

Proposal for a regulation – amending act

Annex IId

Regulation (EC) No 428/2009

Part 3 – paragraph 1 – point 4 c (new)

 

Text proposed by the Commission

Amendment

(4c) where the relevant items are to be merged into a production process;

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment  29

Proposal for a regulation – amending act

Annex IId

Regulation (EC) No 428/2009

Part 3 – paragraph 1 – point 4 d (new)

 

Text proposed by the Commission

Amendment

(4d) where the relevant items are to be used for their intended purpose, except to the minimum extent required for an effective demonstration and where specific test outputs are not made available to third parties;

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment  30

Proposal for a regulation – amending act

Annex IId

Regulation (EC) No 428/2009

Part 3 – paragraph 1 – point 4 e (new)

 

Text proposed by the Commission

Amendment

(4e) where the export is to take place as a result of a commercial transaction, in particular as regards the sale, rental or lease of the relevant items;

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment  31

Proposal for a regulation – amending act

Annex IId

Regulation (EC) No 428/2009

Part 3 – paragraph 1 – point 4 f (new)

 

Text proposed by the Commission

Amendment

(4f) where the relevant items are to be stored at an exhibition or fair only for the purpose of sale, rent or lease, without being presented or demonstrated;

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment  32

Proposal for a regulation – amending act

Annex IId

Regulation (EC) No 428/2009

Part 3 – paragraph 1 – point 4 g (new)

 

Text proposed by the Commission

Amendment

(4g) where the exporter makes any arrangement which would prevent him from keeping the relevant items under his control during the whole period of the temporary export.

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment  33

Proposal for a regulation – amending act

Annex IId

Regulation (EC) No 428/2009

Part 3 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Any exporter who uses this general authorisation must notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) of the first use of this authorisation no later than 30 days after the date when the first export takes place.

3. Any exporter who uses this general authorisation must notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) and the Commission of the first use of this authorisation prior to the date when the first export takes place.

 

Reporting requirements attached to the use of this authorisation and the additional information that the Member State from which the export takes place shall require on items exported under this authorisation are defined by Member States.

 

A Member State shall require the exporters established in that Member State to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request.

 

Where applicable the requirements set out in the second and third subparagraphs shall be based on those defined for the use of national general export authorisations granted by those Member States which provide for such authorisations.

 

Any exporter who uses this general authorisation shall every six months inform the relevant national authority of the Member State where he is established and the Commission of the quantity, value and country of destination of each item exported. This information shall include a description of the items exported along with the relevant control list reference as set out in Annex 1 of this Regulation.

 

Member States shall notify the Commission of the notification mechanism chosen for this General Export Authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.

Justification

This amendment introduces an ex-ante notification and registration requirement to the Member States and the Commission, thus raising transparency.

Amendment  34

Proposal for a regulation – amending act

Annex IId

Regulation (EC) No 428/2009

Part 3 – paragraph 4

 

Text proposed by the Commission

Amendment

4. For the purpose of this authorisation, "exhibition" means any trade or industrial exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, during which the products remain under customs control.

4. For the purpose of this authorisation, "exhibition or fair" means commercial events of a specific duration at which several exhibitors make demonstrations of their products to trade visitors or to the general public.

Amendment  35

Proposal for a regulation – amending act

Annex IIe

Regulation (EC) No 428/2009

 

Text proposed by the Commission

Amendment

ANNEX IIe

deleted

COMMUNITY GENERAL EXPORT AUTHORISATION No EU005

 

Computers and related equipment

 

Issuing authority: European Community

 

Part 1

 

This export authorisation is in accordance with Article 6(1) and covers the following items in Annex I:

 

1. Digital computers specified in 4A003a or 4A003b, where the computers do not exceed an “Adjusted Peak Performance” (“APP”) greater than 0.8 Weighted TeraFLOPS (WT).

 

2. Electronic assemblies specified in 4A003c, specially designed or modified to enhance performance by aggregation of processors so that an “Adjusted Peak Performance” (“APP”) of the aggregation greater than 0.8 Weighted TeraFLOPS (WT) is not exceeded.

 

3. Spare parts, including microprocessors for the above-mentioned equipment, where they are exclusively specified in 4A003a, 4A003b or 4A003c and do not enhance performance of the equipment beyond an “Adjusted Peak Performance” (“APP”) greater than 0.8 Weighted TeraFLOPS (WT).

 

4. Items described in entries 3A001.a.5, 4A003.e, 4A003.g.

 

Part 2 — Countries of destination

 

The export authorisation is valid throughout the Community for exports to the following destinations:

 

Algeria, Andorra, Antigua and Barbuda, Argentina, Aruba, Bahamas, Bahrain, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, British Virgin Islands, Brunei, Cameroon, Cape Verde, Chile, Comoros Islands, Costa Rica, Croatia, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Falkland Islands, Faroe islands, Fiji, French Guyana, French OT, Gabon, Gambia, Gibraltar, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Ghana, Guinea Bissau, Guyana, Honduras, Hong Kong SAR, Iceland, India, Jordan, Kuwait, Lesotho, Liechtenstein, Madagascar, Malawi, Malaysia, Maldives, Mali, Martinique, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montserrat, Morocco, Namibia, Netherlands Antilles, New Caledonia, Nicaragua, Niger, Oman, Panama, Papua New Guinea, Peru, Philippines, Puerto Rico, Qatar, Russia, Samoa, San Marino, Sao Tome e Principe, Saudi Arabia, Senegal, Seychelles, Singapore, Solomon Islands, South Africa, South Korea, St. Helena, St. Kitts and Nevis, St. Vincent, Surinam, Swaziland, Togo, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, UAE, Ukraine, Uruguay, US Virgin Islands, Vanuatu.

Part 3 — Conditions and requirements for use of this authorisation

 

1. This authorisation does not authorise the export of items:

 

(1) where the exporter has been informed by the competent authorities of the Member State in which he is established that they are or may be intended, in their entirety or in part,

 

(a) for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices or the development, production, maintenance or storage of missiles capable of delivering such weapons,

 

(b) for a military end-use where the purchasing country or country of destination is subject to an arms embargo imposed by a Common Position or Joint Action adopted by the Council of the European Union or a decision of the OSCE or imposed by a binding resolution of the Security Council of the United Nations, or

 

(c) for use as parts or components of military items listed in the national military list that have been exported from the territory of the Member State concerned without authorisation or in breach of an authorisation prescribed by the national legislation of that Member State;

 

(2) where the exporter is aware that the items in question are intended, in their entirety or in part, for any of the uses referred to in Articles 4(1) and 4(2);

 

(3) where the relevant items are exported to a customs-free zone or a free warehouse which is located in a destination covered by this authorisation.

 

2. Any exporter who uses this authorisation must:

 

(1) inform the competent authorities of the Member State where he is established (as defined in Article 6(6)) of first use of the authorisation no later than 30 days after the date of first export;

 

(2) inform the foreign purchaser, before exportation, that the items he plans to export pursuant to this authorisation cannot be re-exported to an ultimate destination in a country which is not a Member State of the European Community or a French overseas collectivity and is not mentioned in Part 2 of this authorisation.

 

Justification

The draftsperson is of the view that computers and related equipment are sensitive items, therefore cannot be included in the EU general export authorisations.

Amendment 36

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II f – Part 1 – points 3 and 4

 

Text proposed by the Commission

Amendment

3. Items, including specially designed or developed components and accessories therefor specified in Category 5 Part 2 A to D (Information Security), as follows:

deleted

(a) items specified in the following entries unless their cryptographic functions have been designed or modified for government end-users within the European Community:

 

– 5A002a1;

– software in entry 5D002c1 having the characteristics, or performing or simulating the functions, of equipment in entry 5A002a1;

 

(b) equipment specified in 5B002 for items referred to under a) ;

 

(c) software as part of equipment whose features or functions are specified under b).

 

4. Technology for the use of goods specified in 3a) to 3c).

 

Amendment  37

Proposal for a regulation – amending act

Annex IIf

Regulation (EC) No 428/2009

Part 2 – Countries of destination

 

Text proposed by the Commission

Amendment

Argentina, Croatia, Russia, South Africa, South Korea, Turkey, Ukraine

Argentina, China (including Hong Kong and Macao), Croatia, Iceland, India, Israel, Republic of Korea, Russia, South Africa, Turkey, Ukraine

Amendment  38

Proposal for a regulation – amending act

Annex IIf

Regulation (EC) No 428/2009

Part 3 – paragraph 1 – point 1 – point c a (new)

 

Text proposed by the Commission

Amendment

(ca) for the launching of cyber-attacks, or of any other means of politically motivated hacking to conduct sabotage or espionage, to deface web pages, or to use denial-of-service attacks to take web pages down,

Justification

This amendment is intended to prohibit export authorisations of items that could be used for launching of cyber-attacks, or of any other means of politically motivated hacking to conduct sabotage or espionage, to deface web pages, or to use denial-of-service attacks to take web pages down.

Amendment  39

Proposal for a regulation – amending act

Annex IIf

Regulation (EC) No 428/2009

Part 3 – paragraph 1 – point 1 – point c b (new)

 

Text proposed by the Commission

Amendment

(cb) for use in connection with a violation of human rights, democratic principles or freedom of speech as defined by the Charter of Fundamental Rights of the European Union, to which Article 6 of the Treaty on European Union refers, by using interception technologies and digital data transfer devices for monitoring mobile phones and text messages and targeted surveillance of internet use (for example through Monitoring Centres and Lawful Interception Gateways);

Justification

General export authorisations should not be given to items that can be used by governments or business to violate fundamental human rights, as defined under the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, and the Charter of Fundamental Rights of the European Union which was proclaimed at Strasbourg on 12 December 2007 by the European Parliament, the Council and the Commission, to which Article 6 of the Treaty on European Union refers to.

Amendment  40

Proposal for a regulation – amending act

Annex IIf

Regulation (EC) No 428/2009

Part 3 – paragraph 1 – point 2

 

Text proposed by the Commission

Amendment

(2) where the exporter is aware that the items in question are intended, in their entirety or in part, for any of the uses referred to in Articles 4(1) and 4(2).

(2) where the exporter is aware that the items in question are intended, in their entirety or in part, for any of the uses referred to in subparagraph 1.

Justification

The amendment extends the conditions of export authorisation in comparison to the reference to Article 4 (paragraphs 1 and 2)

Amendment 41

Proposal for a regulation – amending act

Annex IIf

Regulation (EC) No 428/2009

Part 3 – paragraph 1 – point 2 a (new)

 

Text proposed by the Commission

Amendment

 

(2a) where the exporter is aware that the items will be re-exported to any country of destination other than those listed in Part 2 of this authorisation, those listed in Part 2 of authorisation EU001 CGEA or the Member States.

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment 42

Proposal for a regulation – amending act

Annex IIf

Regulation (EC) No 428/2009

Part 3 – paragraph 3 – point 1

 

Text proposed by the Commission

Amendment

1. inform the competent authorities of the Member State where he is established (as defined in Article 6(6)) of first use of the authorisation no later than 30 days after the date of first export;

1. notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) and the Commission of the first use of this authorisation prior to the date of first export.

 

Reporting requirements attached to the use of this authorisation and the additional information that the Member State from which the export takes place shall require on items exported under this authorisation are defined by Member States.

 

A Member State shall require the exporters established in that Member State to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request.

 

Where applicable the requirements set out in the second and third subparagraphs shall be based on those defined for the use of national general export authorisations granted by those Member States which provide for such authorisations.

 

Any exporter who uses this general authorisation shall every six months inform the relevant national authority of the Member State where he is established and the Commission of the quantity, value and country of destination of each item exported. This information shall include a description of the items exported along with the relevant control list reference as set out in Annex 1 of this Regulation.

 

Member States shall notify the Commission of the notification mechanism chosen for this General Export Authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.

Justification

This amendment introduces an ex-ante notification and registration requirement to the Member States and the Commission, thus raising transparency.

Amendment  43

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II g – Part 2 – Countries of destination

 

Text proposed by the Commission

Amendment

Argentina; Bangladesh, Belize, Benin, Bolivia, Brazil; Cameroun, Chile; Cook Island, Costa Rica; Dominica, Ecuador, El Salvador, Fiji, Georgia, Guatemala, Guyana, India, Lesotho, Maldives, Mauritius, Mexico, Namibia, Nicaragua, Oman, Panama, Paraguay, Russia, St Lucia, Seychelles, Peru, Sri Lanka, South Africa; Swaziland, Turkey; Uruguay, Ukraine; Republic of Korea.

Argentina

Croatia

Iceland

South Korea

Turkey

Ukraine.

Justification

EU007 items should only be exported to those destinations which are agreed and consensual among Member States.

Amendment  44

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II g – Part 3 – paragraph 1 – point 2

 

Text proposed by the Commission

Amendment

(2) where the exporter is aware that the items in question are intended, in their entirety or in part, for any of the uses referred to in Articles 4(1) and 4(2).

(2) where the items in question are intended, in their entirety or in part, for any of the uses referred to in Articles 4(1) and 4(2);

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment 45

Proposal for a regulation – amending act

Annex IIg

Regulation (EC) No 428/2009

Part 3 – paragraph 1 – point 2 a (new)

 

Text proposed by the Commission

Amendment

 

(2a) where the exporter is aware that the items will be re-exported to any country of destination other than those listed in Part 2 of this authorisation, those listed in Part 2 of authorisation EU001 CGEA or the Member States.

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment 46

Proposal for a regulation – amending act

Annex IIg

Regulation (EC) No 428/2009

Part 3 – paragraph 4 – point 1

 

Text proposed by the Commission

Amendment

(1) inform the competent authorities of the Member State where he is established (as defined in Article 6(6)) of first use of the authorisation no later than 30 days after the date of first export;

(1) notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) and the Commission of the first use of this authorisation prior to the date of first export.

 

Reporting requirements attached to the use of this authorisation and the additional information that the Member State from which the export takes place shall require on items exported under this authorisation are defined by Member States.

 

A Member State shall require the exporters established in that Member State to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request.

 

Where applicable the requirements set out in the second and third subparagraphs of this paragraph shall be based on those defined for the use of national general export authorisations granted by those Member States which provide for such authorisations.

 

Any exporter who uses this general authorisation shall every six months inform the relevant national authority of the Member State where he is established and the Commission of the quantity, value and country of destination of each item exported. This information shall include a description of the items exported along with the relevant control list reference as set out in Annex 1 of this Regulation.

 

Member States shall notify the Commission of the notification mechanism chosen for this General Export Authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.

Justification

This amendment introduces an ex-ante notification and registration requirement to the Member States and the Commission, thus raising transparency.


EXPLANATORY STATEMENT

Introduction

Export controls of dual-use items, meaning goods, which can be used for both civil and military purposes, have been the subject of EU level actions for around 15 years. Controlling the export of dual-use goods is a key for the non-proliferation of arms, including weapons of mass destruction (WMD). Given the high volume of trade across the borders of the European Union (EU), the enforcement of EU export controls on dual-use goods relies on preventive measures such as the imposition of export licensing requirements and customs registration procedures. Export controls have a high impact on the EU's trade policy as they can affect more than 10% of all EU exports. The main EU export control tool is the Dual-use Regulation 428/2009 of 5 May 2009, which entered into force on 27 August 2009. This new Regulation introduced a number of significant changes to the scope of dual-use export controls in the European Union. These include the introduction of controls on brokering activities and transit with regard to dual-use items. The Dual-use Regulation includes regularly updated lists of controlled dual-use items that reflect those of the main international export control regimes. To ensure that control is fully effective and complies with Member States' commitments at multilateral level, authorisation is required under Regulation (EC) No 428/2009 for export of the dual-use items listed in Annex I. There are four types of export authorisations:

· Community General Export Authorisations (CGEA),

· National General Export Authorisations (defined by Member States),

· Global Export Authorisations (issued to one specific exporter for a type or category of dual-use item valid for exports to specified end-users in one or more countries),

· Individual Export Authorisation (issued to one specific exporter, for one end user and covering one or more items)

All export authorisations and authorisations for brokering are valid throughout the EU.

On the nature and character of the proposed Regulation

On 17 December 2008, the Commission submitted the original proposal to amend the Regulation No. 1334/2000 to the Council. The major objective of the proposal was to add six new Annexes on so-called Community General Export Authorisations for certain non-sensitive dual-use items to certain non-sensitive countries to Regulation No 1334/2000 and to amend Articles 6 and 7 accordingly. When submitting this proposal, the Lisbon Treaty was not in force. Accordingly - the then legal base for the draft Regulation was Article 133 of the Treaty establishing the European Community - the proposal was not transmitted to the European Parliament, and the Council worked on to decide alone.

In the meantime, Regulation No. 1334/2000 was replaced by a new Dual-Use-Regulation (Recast) No 428/2009, which entered into force on 27 August 2009. This Regulation is based on a Commission proposal of 18 December 2006 ((COM(2006) 829 final - 2006/0266 (ACC)). It is a recasting of Regulation No.1334/2000. Some amendments to Regulation 1334/2000 clearly go beyond a purely technical revision and update of Regulation No. 1334/2000: the widening of the scope of dual-use export controls to cover controls on transit and of brokering and the sanctioning of illicit brokering of dual-use items linked to a weapons of mass destruction programme; the replacement of the authorisation requirement for the transfer of items within the internal market which are listed in recasted Annex V with a "pre-notification" procedure destined to facilitate trade within the EU internal market without compromising security interests; the introduction of a provision according to which Member States should apply criminal sanctions at least for violations of the Regulation; and a recital to clarify that the Regulation provides for a comprehensive legal framework for the export of dual use items, technology and related services.

When the European Parliament received the formal referral on the proposal for the Regulation to amend Regulation No 1334/2000 via the so-called Omnibus Communication of 2 December 2009, through a formal letter of the Commission's Secretary General of 1 March 2010, the Council - via its Council Working Group Dual-Use - therefore discussed the proposed additions of new GEAs on the basis of Regulation No. 428/2009, and the Council Presidency, on 6 July 2010, informed the Rapporteur about the "informal Outcome of the Dual Use Working Party held on 6 July 2010 related to the Draft regulation (EU) No. …./2010 of the European Parliament and of the Council amending Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual use items", thus assuming an agreement between the institutions to consent tacitly to take Regulation No. 428/2009 as the basis for negotiating the amendments proposed by the Commission on 17 December 2008 with regard to Regulation No. 1334/2000.

The Rapporteur suggests to follow the Council's method to apply amendments to the Dual-Use Regulation to the most recent and valid legal act in order not to delay the addition of the proposed new GEAs. Amendments No. 1, 2, 5, 6, 8 are therefore to clarify that the three institutions agree to amend the latest version of the Regulation setting up a European Union regime for the control of exports, transfer, brokering and transit of dual use items.

Strengthening democratic control and transparency

In exchange, the Council and the Commission should accept some additional amendments to Regulation No. 428/2009 that help to make the EU's Dual-Use Regime more democratic and transparent.

Amendments 11 and 12 therefore aim to oblige the Commission and the Member States to set up a secure system for the collection, transmission, and storage of notifications, and to oblige the Commission to inform the European Parliament about the system's functioning. Until now, this system is only an option introduced in the 2009 Regulation. The system would be destined to have access on-line to a database containing e.g. the denials of export authorisations.

Amendment 13 establishes an obligation for the Dual-Use Coordination Group to submit an annual report to the European Parliament in order to fulfil the latter's control function vis-à-vis the European Commission.

Amendment 14 introduces an obligation of the Commission to report on the implementation and application as well as to provide a comprehensive impact assessment of the Regulation. The report shall include information on the Dual-Use Coordination Group, the implementation of Article 19, paragraph 4 and Article 15 of the Regulation, and on member states' penalties for serious infringements of the provisions of this Regulation. This latter section of the report should help the legislator and the Commission to decide on whether or not to include a clear provision according to which Member States must apply criminal sanctions at least for violations of the Regulation.

Strengthening the EU's face and representation in international export control regimes

There is a need to strengthen the EU's face and representation in international export control regimes, which to a significant degree shape EU legislation on export controls and its practical implementation. The functioning of the EU dual-use export control system, set out in Regulation 428/2009, is strongly influenced by commitments made in the four international export control regimes:

· The Australia Group (for biological and chemical items) where the Commission is a full member and all 27 Member States participate along with several other states including the US, Canada, Japan, South Korea and Australia.

· The Nuclear Suppliers Group (for civil nuclear items) where the Commission is an observer while all 27 EU Member States participate as full members alongside several other countries including US and Russia.

· The Wassenaar Arrangement (for military and high-tech dual-use items) where the Commission has no status while 26 EU Member States (all except Cyprus) participate as full members alongside several other countries including US, Russia and Turkey.

· The Missile Technology Control Regime (dual-use items applicable in missile/delivery system development programmes) where the Commission has no status while 19 EU Member States participate as full members alongside several other countries including US and Russia.

The main task of these international export control regimes is to update the lists of goods to be controlled: to date, these lists are quasi-automatically transposed into EU legislation without any or only minor participation of the European Parliament. To facilitate Parliament's role in controlling and co-legislating in this policy area, Amendment 15 seeks to establish a legal basis on international cooperation to contribute to solving current situations such as e.g. where exporters in third countries and in the EU are obliged to apply controls to transfers of dual-use items in the single market (when third countries' laws impose re-export rules within the single market of dual-use items imported), to allow for mutual recognition of export authorisations and therefore to greatly facilitate joint industrial projects or research projects in particular with third countries members of international export control regimes or listed in the current GEA, and to allow for the adoption of EU-wide specific export control rules that would be applicable to the technologies developed in the EU in the context of EU-financed international programmes involving third countries and would also cover access through intangible means to those technologies.

Amendments to the Annexes

Amendments 16 to 45 seek to contribute to the formulation of the proposed ne GEAs. They seek to increase the protection offered by the definition of low value shipments, and to protect against the selling price being artificially lowered in order to meet the conditions of the 'low value shipments' export authorisation (AM 17), to introduce an ex-ante notification and registration requirement to the Member States and the Commission, thus raising transparency (AM 24, 34, 42, and 45), to introduce additional safeguards for export authorisation (AM 26 to 33, 41, and 44) in relation to Annexes IId (Temporary Export for Exhibition or Fair), IIf (Telecommunications), and IIg (Chemicals), to prohibit GEAs of items that could be used for launching of cyber-attacks, or of any other means of politically motivated hacking to conduct sabotage or espionage, to deface web pages, or to use denial-of-service attacks to take web pages down (AM 38), and to prohibit GEAs to items that can be used by governments or business to violate fundamental human rights, as defined under the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, and the Charter of Fundamental Rights of the European Union which was proclaimed at Strasbourg on 12 December 2007 by the European Parliament, the Council and the Commission, to which Article 6 of the Treaty on European Union refers to (AM 39).

Conclusion

The entry into force of the Lisbon Treaty and its clarification on the EU's competences in the area of International Trade provide a good occasion to reaffirm the EU's role in these formations and the European Parliament's role, power and responsibility within the EU's institutional framework for decision-making. The EU's dual-use regime should be organised more transparent and democratic; Full European Parliament involvement, through the application of the Lisbon Treaty's obligations and its joint interpretation agreed by the European Parliament and the European Commission within the new Framework Agreement, would be crucial to achieving this objective.


OPINION of the Committee on Foreign Affairs (16.7.2010)

for the Committee on International Trade

on the proposal for a Council Regulation amending Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology

(COM(2008)0854 – C7-0062/2010 – 2008/0249(COD))

Rapporteur: Reinhard Bütikofer

SHORT JUSTIFICATION

The Commission presented to the EP and the Council a proposal to amend the EU regime for the control of exports of dual-use items and technology. According to the Commission, the draft proposal covers six new EU General Export Authorisations (GEAs) for certain non-sensitive dual-use items to certain non-sensitive countries.

Dual-use items (including software and technology) are civil items which can be used for military purposes, subject to control when they are to be exported from the EU. These controls are designed in particular to prevent the proliferation of weapons of mass destruction.

To ensure that such control is fully effective and complies with Member States' commitments at multilateral level, authorisation is required under Article 3 of Regulation (EC) No 1334/2000 for export of the dual-use items listed in Annex I.

There are four types of export authorisations referred to in Article 6 of Regulation (EC) No 1334/2000.

GEA No EU001, as referred to in Article 6 of Regulation 1334/2000, covers most of the exports of controlled items to seven countries (United States of America, Canada, Japan, Australia, New Zealand, Switzerland and Norway).

For all other exports for which an authorisation is required under the Regulation, it leaves to the national authorities the final decision as to whether to grant a national general, global or individual export licence (Article 6(2)).

This opinion is focused only on the Commission's proposal from 2008 and leaves it up to the main committee to take into account the correlation between the final EP position and the recast version of the Regulation from 2009.(1)

In general, the opinion does support the Commission's proposal to improve transparency, verification of implementation of current rules as well as common use of the same standards.

However, the Foreign Affairs Committee does not agree with the evaluation of the Commission which states that different regulatory treatments of certain exports in EU Member States do not serve the best interests of the EU as a whole.

In fact, some Member States apply stricter export controls of dual-use items than others. In order to improve international security in line with its WMD Non-proliferation strategy as well as the Instrument for Stability and Common Position on Control of Arms Exports, the EU should be aiming at application of strictest export regimes on each of the items, applicable to all of its Member States.

The Foreign Affairs Committee is sharing serious concerns of the Council of the EU, over a possible negative impact of the proposal on Union's internal and external security objectives. Therefore, the opinion of the Foreign Affairs Committee takes an approach at least as strict as the EU Member States with the strictest export control regime.

The Foreign Affairs Committee takes the view that in absence of credible data on end-use of the dual-use items exported from the Union, the EU must apply a reasoned and cautious approach.

In this regard, the Foreign Affairs Committee calls on the Commission and the Council to compile the relevant data from their customs and other authorities.

AMENDMENTS

The Committee on Foreign Affairs calls on the Committee on International Trade, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II b

 

Text proposed by the Commission

Amendment

“ANNEX IIb

COMMUNITY GENERAL EXPORT AUTHORISATION No EU002

Low Value Shipments

Annex IIb is deleted

Justification

The Foreign Affairs Committee takes the view that the categorisation of these items as non-sensitive is incorrect, therefore cannot be included in the EU general export authorisations.

Amendment  2

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II c – Part 2 – List of countries

 

Text proposed by the Commission

Amendment

Algeria, Andorra, Antigua and Barbuda, Argentina, Aruba, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, British Virgin Islands, Brunei, Cameroon, Cape Verde, Chile, China, Comoros Islands, Costa Rica, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Falkland Islands, Faroe islands, Fiji, French Guyana, French OT, Gabon, Gambia, Gibraltar, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Ghana, Guinea Bissau, Guyana, Honduras, Hong Kong Special Administrative Region, Iceland, India, Indonesia, Israel, Jordan, Kuwait, Lesotho, Liechtenstein, Macau, Madagascar, Malawi, Malaysia, Maldives, Mali, Martinique, Mauritius, Mexico, Monaco, Montserrat, Morocco, Namibia, Netherlands Antilles, New Caledonia, Nicaragua, Niger, Nigeria, Oman, Panama, Papua New Guinea, Peru, Philippines, Puerto Rico, Qatar, Russia, Samoa, San Marino, Sao Tome e Principe, Saudi Arabia, Senegal, Seychelles, Singapore, Solomon Islands, South Africa, South Korea, Sri Lanka, St. Helena, St. Kitts and Nevis, St. Vincent, Surinam, Swaziland, Taiwan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, United Arab Emirates, Uruguay, US Virgin Islands, Vanuatu, Venezuela.

Argentina, Bosnia and Herzegovina, Brazil, Chile, China, Croatia, French Overseas Territories, Hong Kong Special Administrative Region, Iceland, Kazakhstan, former Yugoslav Republic of Macedonia, Macau Special Administrative Region, Mexico, Montenegro, Morocco, Russia, Serbia, South Africa, South Korea, Tunisia, Turkey, Ukraine, United Arab Emirates.

Justification

EU003 items should only be exported to those destinations which are agreed and consensual among Member States.

Amendment  3

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II c – Part 3 – paragraph 2 – point 4

 

Text proposed by the Commission

Amendment

(4) for an essentially identical transaction where the initial authorisation has been revoked.

(4) when the initial authorisation has been annulled, suspended, modified or revoked;

Justification

The proposed wording is more encompassing.

Amendment  4

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II c – Part 3 – paragraph 2 – point 4 a (new)

 

Text proposed by the Commission

Amendment

 

(4a) when the end use of the items in question is different from that specified in the original export authorisation.

Justification

The proposed wording is aimed at stricter limitation of the proposed authorisation.

Amendment  5

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II c – Part 3 – paragraph 3 – point 2

 

Text proposed by the Commission

Amendment

(2) provide customs officers, if so requested, with documentary evidence of the date of importation of the goods into the European Community, of any repairs to the goods carried out in the European Community and of the fact that the items are being returned to the person and the country from which they were imported into the European Community.

(2) provide customs officers, if so requested, with documentary evidence of the date of importation of the goods into the European Community, of any repairs to the goods carried out in the European Community and of the fact that the items are being returned to the end user and the country from which they were imported into the European Community.

Justification

The Foreign Affairs Committee's proposal is more specific.

Amendment  6

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II c – Part 3 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Any exporter who uses this authorisation must notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) of first use of the authorisation no later than 30 days after the date when the first export takes place.

4. Any exporter who uses this general authorisation must notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) and the Commission of the first use of this authorisation prior to the date when the first export takes place.

 

Reporting requirements attached to the use of this authorisation and the additional information required by the Member State from which the export takes place in respect of items exported under this authorisation shall be defined by Member States.

 

A Member State shall require exporters established in its territory to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request.

 

Where applicable the requirements set out in the second and third subparagraphs of this paragraph shall be based on those defined for the use of national general export authorisations granted by those Member States which provide for such authorisations.

 

Member States shall annually notify to the Commission information concerning the level of use of this general export authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.

Justification

This amendment introduces an ex-ante notification and registration requirement to the Member States and the Commission, thus raising transparency.

Amendment  7

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II d – Part 2 – List of countries

 

Text proposed by the Commission

Amendment

Argentina, Bahrain, Bolivia, Brazil, Brunei, Chile, China, Ecuador, Egypt, Hong Kong Special Administrative Region, Iceland, Jordan, Kuwait, Malaysia, Mauritius, Mexico, Morocco, Oman, Philippines, Qatar, Russia, Saudi Arabia, Singapore, South Africa, South Korea, Tunisia, Turkey, Ukraine.

Argentina, Bosnia and Herzegovina, Brazil, Chile, China, Croatia, French Overseas Territories, Hong Kong Special Administrative Region, Iceland, Kazakhstan, former Yugoslav Republic of Macedonia, Macao Special Administrative Region, Mexico, Montenegro, Morocco, Russia, Serbia, Singapore, South Africa, South Korea, Tunisia, Turkey, Ukraine, United Arab Emirates.

Justification

EU004 items should only be exported to those destinations which are agreed and consensual among Member States.

Amendment  8

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II d – Part 3 – paragraph -1 (new)

 

Text proposed by the Commission

Amendment

 

-1. This general authorisation authorises the export of items listed in Part 1 on condition that the export concerns temporary export for the purposes of an exhibition or fair and that the items are to be re-imported within 120 days after the initial export , complete and without modification, into the customs territory of the European Union.

Justification

This amendment sets a new condition to re-import the items in question within a certain period.

Amendment  9

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II d – Part 3 – paragraph 1 – point 4 a (new)

 

Text proposed by the Commission

Amendment

 

(4a) where their return, in their original state, without the removal, copying or dissemination of any component or software, cannot be guaranteed by the exporter, or where a transfer of technology is connected with a presentation;

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment  10

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II d – Part 3 – paragraph 1 – point 4 b (new)

 

Text proposed by the Commission

Amendment

 

(4b) where the relevant items are to be used for their intended purpose, except to the minimum extent required for effective demonstration, but without making specific test outputs available to third parties;

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment  11

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II d – Part 3 – paragraph 1 – point 4 c (new)

 

Text proposed by the Commission

Amendment

 

(4c) where the export is to take place as a result of a commercial transaction, in particular as regards the sale, rental or lease of the relevant items;

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment  12

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II d – Part 3 – paragraph 1 – point 4 d (new)

 

Text proposed by the Commission

Amendment

 

(4d) where the exporter makes any arrangement which would prevent him from keeping the relevant items under his control during the whole period of the temporary export.

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment 13

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II d – Part 3 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Any exporter who uses this general authorisation must notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) of the first use of this authorisation no later than 30 days after the date when the first export takes place.

3. Any exporter who uses this general authorisation must notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) and the Commission of the first use of this authorisation prior to the date when the first export takes place.

 

Reporting requirements attached to the use of this authorisation and the additional information required by the Member State from which the export takes place in respect of items exported under this authorisation shall be defined by Member States.

 

A Member State shall require exporters established in its territory to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request.

 

Where applicable the requirements set out in the second and third subparagraphs of this paragraph shall be based on those defined for the use of national general export authorisations granted by those Member States which provide for such authorisations.

 

Member States shall annually notify to the Commission information concerning the level of the use of this general export authorisation.

Justification

This amendment introduces an ex-ante notification and registration requirement to the Member States and the Commission, thus raising transparency.

Amendment  14

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II d – Part 3 – paragraph 4

 

Text proposed by the Commission

Amendment

4. For the purpose of this authorisation, “exhibition” means any trade or industrial exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, during which the products remain under customs control.

4. For the purpose of this authorisation, “exhibition or fair” means any trade or industrial exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, during which the products remain under customs control.

Justification

The amendment introduces consistency with the wording of the title of the draft Annex as proposed by the Commission.

Amendment  15

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II e

 

Text proposed by the Commission

Amendment

 

Annex IIe is deleted.

Justification

The Foreign Affairs Committee is of the view that computers and related equipment are sensitive items, therefore cannot be included in the EU general export authorisations.

Amendment 16

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II f – Part 1 – points 3 and 4

 

Text proposed by the Commission

Amendment

3. Items, including specially designed or developed components and accessories therefor specified in Category 5 Part 2 A to D (Information Security), as follows:

deleted

(a) items specified in the following entries unless their cryptographic functions have been designed or modified for government end-users within the European Community:

 

– 5A002a1;

– software in entry 5D002c1 having the characteristics, or performing or simulating the functions, of equipment in entry 5A002a1;

 

(b) equipment specified in 5B002 for items referred to under a) ;

 

(c) software as part of equipment whose features or functions are specified under b).

 

4. Technology for the use of goods specified in 3a) to 3c).

 

Amendment  17

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II f – Part 2 – List of countries

 

Text proposed by the Commission

Amendment

Argentina

Argentina

 

China

Croatia

Russia

South Africa

South Korea

Turkey

Ukraine

Croatia

Russia

South Africa

South Korea

Turkey

Ukraine

Justification

EU006 items should only be exported to those destinations which are agreed and consensual among Member States.

Amendment  18

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II f – Part 3 – paragraph 1 – point 1 – point c a (new)

 

Text proposed by the Commission

Amendment

 

(ca) for the launching of cyber-attacks;

Justification

This amendment is intended to prohibit export authorisations of items that could be used for launching of cyber-attacks.

Amendment 19

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II f – Part 3 – paragraph 1 – point 1 – point c b (new)

 

Text proposed by the Commission

Amendment

 

(cb) for use in connection with a violation of human rights, democratic principles or freedom of speech through the use of interception technologies and digital data transfer devices for monitoring mobile phones and text messages and targeted surveillance of internet use (e.g. via monitoring centres and lawful interception gateways);

Justification

General export authorisations should not be given to items that can be used by governments to violate human rights or freedom of speech.

Amendment  20

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II f – Part 3 – paragraph 1 – point 2

 

Text proposed by the Commission

Amendment

(2) where the exporter is aware that the items in question are intended, in their entirety or in part, for any of the uses referred to in Articles 4(1) and 4(2).

(2) where the exporter is aware that the items in question are intended, in their entirety or in part, for any of the uses referred to in point 1;

Justification

The amendment extends the conditions of export authorisation in comparison to the reference to Article 4 (paragraphs 1 and 2).

Amendment  21

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II f – Part 3 – paragraph 1 – point 2 a (new)

 

Text proposed by the Commission

Amendment

 

(2a) where the items will be re-exported to any destination other than those listed in Part 2 of this authorisation or Part 2 of Annex IIa, or to EU Member States.

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment  22

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II f – Part 3 – paragraph 3 – point 1

 

Text proposed by the Commission

Amendment

(1) inform the competent authorities of the Member State where he is established (as defined in Article 6(6)) of first use of the authorisation no later than 30 days after the date of first export;

(1) notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) and the Commission of the first use of this authorisation prior to the date of first export.

 

Reporting requirements attached to the use of this authorisation and the additional information required by the Member State from which the export take place in respect of items exported under this authorisation shall be defined by Member States.

 

A Member State shall require exporters established in its territory to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request.

 

Where applicable the requirements set out in the second and third subparagraphs of this paragraph shall be based on those defined for the use of national general export authorisations granted by those Member States which provide for such authorisations.

 

Member States shall annually notify to the Commission information concerning the level of use of this general export authorisation.

 

The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union;

Justification

This amendment introduces an ex-ante notification and registration requirement to the Member States and the Commission, thus raising transparency.

Amendment  23

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II g – Part 2 – List of countries

 

Text proposed by the Commission

Amendment

Argentina; Bangladesh, Belize, Benin, Bolivia, Brazil; Cameroun, Chile; Cook Island, Costa Rica; Dominica, Ecuador, El Salvador, Fiji, Georgia, Guatemala, Guyana, India, Lesotho, Maldives, Mauritius, Mexico, Namibia, Nicaragua, Oman, Panama, Paraguay, Russia, St Lucia, Seychelles, Peru, Sri Lanka, South Africa; Swaziland, Turkey; Uruguay, Ukraine; Republic of Korea.

Argentina

Croatia

Iceland

South Korea

Turkey

Ukraine.

Justification

EU007 items should only be exported to those destinations which are agreed and consensual among Member States.

Amendment  24

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II g – Part 3 – paragraph 1 – point 2

 

Text proposed by the Commission

Amendment

(2) where the exporter is aware that the items in question are intended, in their entirety or in part, for any of the uses referred to in Articles 4(1) and 4(2).

(2) where the items in question are intended, in their entirety or in part, for any of the uses referred to in Articles 4(1) and 4(2);

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment  25

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II g – Part 3 – paragraph 1 – point 2 a (new)

 

Text proposed by the Commission

Amendment

 

(2a) where the items will be re-exported to any destination other than those listed in the Part 2 of this authorisation or in Part 2 of Annex IIa, or to EU Member States.

Justification

This amendment introduces an additional safeguard for export authorisation.

Amendment  26

Proposal for a regulation – amending act

Annex

Regulation (EC) No 1334/2000

Annex II g – Part 3 – paragraph 4 – point 1

 

Text proposed by the Commission

Amendment

(1) inform the competent authorities of the Member State where he is established (as defined in Article 6(6)) of first use of the authorisation no later than 30 days after the date of first export;

(1) notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) and the Commission of the first use of this authorisation prior to the date of first export.

 

Reporting requirements attached to the use of this authorisation and the additional information required by the Member State from which the export takes place in respect of items exported under this authorisation shall be defined by Member States.

 

A Member State shall require exporters established in its territory to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request.

 

Where applicable the requirements set out in the second and third subparagraphs of this paragraph shall be based on those defined for the use of national general export authorisations granted by those Member States which provide for such authorisations.

 

Member States shall annually notify to the Commission information concerning the level of use of this general export authorisation.

The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union;

Justification

This amendment introduces an ex-ante notification and registration requirement to the Member States and the Commission, thus raising transparency.

PROCEDURE

Title

Amendment of Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology

References

COM(2008)0854 – C7-0062/2010 – 2008/0249(COD)

Committee responsible

INTA

Opinion by

       Date announced in plenary

AFET

20.5.2010

 

 

 

Rapporteur

       Date appointed

Reinhard Bütikofer

14.4.2010

 

 

Discussed in committee

2.6.2010

12.7.2010

 

 

Date adopted

14.7.2010

 

 

 

Result of final vote

+:

–:

0:

30

1

3

Members present for the final vote

Gabriele Albertini, Sir Robert Atkins, Andrzej Grzyb, Takis Hadjigeorgiou, Heidi Hautala, Anneli Jäätteenmäki, Jelko Kacin, Tunne Kelam, Nicole Kiil-Nielsen, Andrey Kovatchev, Wolfgang Kreissl-Dörfler, Eduard Kukan, Vytautas Landsbergis, Sabine Lösing, Barry Madlener, Mario Mauro, Willy Meyer, Francisco José Millán Mon, Pier Antonio Panzeri, Ioan Mircea Paşcu, Alojz Peterle, Hans-Gert Pöttering, Cristian Dan Preda, Werner Schulz, Marek Siwiec, Ernst Strasser, Charles Tannock, Zoran Thaler, Inese Vaidere, Geoffrey Van Orden

Substitute(s) present for the final vote

Lorenzo Fontana, Barbara Lochbihler, Norbert Neuser, Janusz Władysław Zemke

(1)

COUNCIL REGULATION (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast)


PROCEDURE

Title

Community regime for the control of exports of dual-use items and technology

References

COM(2008)0854 – C7-0062/2010 – 2008/0249(COD)

Date submitted to Parliament

1.3.2010

Committee responsible

       Date announced in plenary

INTA

11.3.2010

Committee(s) asked for opinion(s)

       Date announced in plenary

AFET

20.5.2010

 

 

 

Rapporteur(s)

       Date appointed

Jörg Leichtfried

17.3.2010

 

 

Discussed in committee

19.4.2010

22.6.2010

28.9.2010

9.11.2010

Date adopted

26.1.2011

 

 

 

Result of final vote

+:

–:

0:

21

0

6

Members present for the final vote

William (The Earl of) Dartmouth, Kader Arif, Daniel Caspary, Christofer Fjellner, Yannick Jadot, Metin Kazak, Bernd Lange, David Martin, Emilio Menéndez del Valle, Vital Moreira, Cristiana Muscardini, Godelieve Quisthoudt-Rowohl, Niccolò Rinaldi, Tokia Saïfi, Helmut Scholz, Peter Šťastný, Robert Sturdy, Gianluca Susta, Keith Taylor, Iuliu Winkler, Jan Zahradil, Pablo Zalba Bidegain, Paweł Zalewski

Substitute(s) present for the final vote

George Sabin Cutaş, Mário David, Jörg Leichtfried, Miloslav Ransdorf, Michael Theurer

Substitute(s) under Rule 187(2) present for the final vote

Patrice Tirolien


PROCEDURE

Title

Community regime for the control of exports of dual-use items and technology

References

COM(2008)0854 – C7-0062/2010 – 2008/0249(COD)

Date submitted to Parliament

1.3.2010

Committee responsible

       Date announced in plenary

INTA

11.3.2010

Committee(s) asked for opinion(s)

       Date announced in plenary

AFET

20.5.2010

 

 

 

Rapporteur(s)

       Date appointed

Jörg Leichtfried

17.3.2010

 

 

Discussed in committee

19.4.2010

22.6.2010

28.9.2010

9.11.2010

Date adopted

26.1.2011

 

 

 

Result of final vote

+:

–:

0:

21

0

6

Members present for the final vote

William (The Earl of) Dartmouth, Kader Arif, Daniel Caspary, Christofer Fjellner, Yannick Jadot, Metin Kazak, Bernd Lange, David Martin, Emilio Menéndez del Valle, Vital Moreira, Cristiana Muscardini, Godelieve Quisthoudt-Rowohl, Niccolò Rinaldi, Tokia Saïfi, Helmut Scholz, Peter Šťastný, Robert Sturdy, Gianluca Susta, Keith Taylor, Iuliu Winkler, Jan Zahradil, Pablo Zalba Bidegain, Paweł Zalewski

Substitute(s) present for the final vote

George Sabin Cutaş, Mário David, Jörg Leichtfried, Miloslav Ransdorf, Michael Theurer

Substitute(s) under Rule 187(2) present for the final vote

Patrice Tirolien

Date tabled

7.2.2011

Last updated: 7 September 2011Legal notice