(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0704),

–  having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0395/2011),

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

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on International Trade (A7-0231/2012),

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.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure(1),

Whereas:

(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(2) requires such items 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.

(2)  In order to enable Member States and the Union to comply with their international commitments, Annex I to Regulation (EC) No 428/2009 establishes a common list of dual-use items that are subject to controls in the Union (Union list). Decisions on the items subject to controls are taken within the framework of the Australia Group, the Missile Technology Control Regime, the Nuclear Suppliers Group, the Wassenaar Arrangement and the Chemical Weapons Convention.

(3)  Article 15 of Regulation (EC) No 428/2009 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.

(4)  Annex I to Regulation (EC) No 428/2009 should be updated regularly so as to ensure full compliance with international security obligations, to guarantee transparency, and to maintain the competitiveness of exporters. Delays with regard to the updating of the Union list may have negative effects on security and international non-proliferation efforts, as well as on the performance of economic activities by exporters in the Union. At the same time, the technical nature of the amendments and the fact that those changes are to comply with decisions taken in the international export control regimes, means that an accelerated procedure should be used to put the necessary updates into force in the Union.

(5)  Article 9(1) of Regulation (EC) No 428/2009 establishes Union General Export Authorisations as one of the four types of export authorisations available under the Regulation. Such Authorisations allow exporters established in the Union to export specified items to specified destinations subject to conditions.

(6)  Annexes IIa to IIf to Regulation (EC) No 428/2009 set out the Union General Export Authorisations currently in force in the Union. Given the nature of those Union General Export Authorisations, there may be a need to remove certain destinations or items from them, in particular if changing circumstances show that facilitated export transactions should no longer be authorised for a particular destination or item. Such a removal of a destination or item should not preclude an exporter from applying for another type of export authorisation under Regulation (EC) No 428/2009.

(7)  In order to ensure regular and timely updates of the Union list in conformity with the obligations and commitments of Member States within the international export control regimes, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of amending Annex I to Regulation (EC) No 428/2009 within the scope of Article 15 of the Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

(8)  In order to allow for a swift Union response to changing circumstances as regards the assessment of the sensitivity of exports under Union General Export Authorisations, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending Annexes IIa to IIf to Regulation (EC) No 428/2009 as regards the removal of destinations or items from the scope of the Union General Export Authorisations. Given that such amendments should be made only in response to an increase in the assessment of the risk of the relevant exports and that the continued use of Union General Export Authorisations for those exports could have an adverse effect on the security of the Union and its Member States, an urgency procedure may be used by the Commission.

(9)  The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. The Commission should provide full information and documentation on its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament. [Am. 1]

(10)  Regulation (EC) No 428/2009 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 428/2009 is amended as follows:

(-1)  Article 4 is amended as follows: