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Review of dual-use export controls

15-01-2021

Certain goods and technologies have legitimate civilian applications but can also be used for military purposes; so-called 'dual-use' goods are subject to the European Union's export control regime. The regime has just been revised, mainly to take account of significant technological developments, increase transparency and create a more level playing field among EU Member States. The proposed regulation will recast the regulation in force since 2009. Among other elements, the proposal explicitly ...

Certain goods and technologies have legitimate civilian applications but can also be used for military purposes; so-called 'dual-use' goods are subject to the European Union's export control regime. The regime has just been revised, mainly to take account of significant technological developments, increase transparency and create a more level playing field among EU Member States. The proposed regulation will recast the regulation in force since 2009. Among other elements, the proposal explicitly defines cyber-surveillance technology as dual-use technology and introduces human rights violations as an explicit justification for export control. It also includes provisions to control emerging technologies. The proposed regulation introduces greater transparency into dual-use export control by increasing the level of detail Member States will have to provide on exports, licences, licence denials and prohibitions. On 17 January 2018, based on the INTA committee's report on the legislative proposal, the European Parliament adopted its position for trilogue negotiations. For its part, the Council adopted its negotiating mandate on 5 June 2019, and on the basis of this mandate, the Council Presidency began negotiations with the European Parliament's delegation on 21 October 2019. Trilogue negotiations ended on 9 November 2020, with agreement on a final compromise text. Endorsed by the INTA committee on 30 November, the Parliament is expected to vote in plenary on the text in early 2021. Sixth edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Coronavirus and the trade in wildlife

04-05-2020

Nearly three quarters of emerging infectious diseases in humans are caused by zoonotic pathogens. The majority of them originate in wildlife. Human activities, such as trade in wildlife, increase opportunities for animal–human interactions and facilitate zoonotic disease transmission. Several significant diseases, including Ebola and the severe acute respiratory syndrome (SARS) outbreak, have been traced, in part, to substantial animal-human contact along the trade chain. Current information suggests ...

Nearly three quarters of emerging infectious diseases in humans are caused by zoonotic pathogens. The majority of them originate in wildlife. Human activities, such as trade in wildlife, increase opportunities for animal–human interactions and facilitate zoonotic disease transmission. Several significant diseases, including Ebola and the severe acute respiratory syndrome (SARS) outbreak, have been traced, in part, to substantial animal-human contact along the trade chain. Current information suggests that the Covid-19 pandemic may have started from a local Chinese wildlife market. Wildlife trade, though difficult to quantify, is one of the most lucrative trades in the world. It is regulated under the Convention on International Trade of Endangered Species of Flora and Fauna (CITES), an international agreement to which the European Union (EU) and its Member States are parties. Through a permit system, CITES aims to ensure that international trade in listed species is sustainable, legal and traceable. Curbing illegal trade, however, remains a challenge. In 2016, the EU adopted an action plan on wildlife trafficking, which runs until 2020 and is currently under evaluation. The European Parliament supports its renewal and the strengthening of its provisions. The coronavirus crisis has thrown into sharp focus the threat of disease transmission posed by trade in and consumption of wild animal species, prompting calls for bans on wildlife trade and closure of wildlife markets. Others advocate better regulation, including enhanced health and safety and sanitation measures. With matters relating to zoonotic diseases outside CITES' mandate, some have suggested the development of a new international convention to address the issue. To reduce the risks of future outbreaks, many recommend an integrated approach, which would notably also cover nature preservation and restoration.

Illegal, unreported and unregulated (IUU) fishing

17-02-2020

The IUU Regulation (1005/2008) is the core of the EU’s legal framework for action against global IUU fishing. Its primary objective is to prevent, deter and eliminate the trade of IUU-caught products into the EU. One of its key components is a multiple-step procedure for dealing with non-EU countries considered uncooperative in the fight against IUU fishing. Fourth edition. This infographic further updates an earlier one of February 2019. For more information on IUU fishing and the EU's IUU Regulation ...

The IUU Regulation (1005/2008) is the core of the EU’s legal framework for action against global IUU fishing. Its primary objective is to prevent, deter and eliminate the trade of IUU-caught products into the EU. One of its key components is a multiple-step procedure for dealing with non-EU countries considered uncooperative in the fight against IUU fishing. Fourth edition. This infographic further updates an earlier one of February 2019. For more information on IUU fishing and the EU's IUU Regulation 1005/2008 , see EPRS briefing: PE 614.598.

Awtur estern

CHAHRI, Samy

Regulating imports of cultural goods

28-06-2019

Until now, with the exception of two specific measures for Iraq and Syria, there has been no EU legislation covering the import of cultural goods from non-EU countries entering the EU. By ensuring that these imports are subject to uniform controls along all EU external borders, the new regulation aims to prevent the introduction, import and storage in the EU of cultural goods illegally removed from a third country, thereby protecting cultural heritage and combatting illegal trade, in particular where ...

Until now, with the exception of two specific measures for Iraq and Syria, there has been no EU legislation covering the import of cultural goods from non-EU countries entering the EU. By ensuring that these imports are subject to uniform controls along all EU external borders, the new regulation aims to prevent the introduction, import and storage in the EU of cultural goods illegally removed from a third country, thereby protecting cultural heritage and combatting illegal trade, in particular where it may serve as an income source for terrorist groups. Both Parliament and Council agreed positions on the Commission’ proposal in autumn 2018, and reached an agreement in trilogue negotiations in December that year. Adopted by both institutions in spring 2019, the new regulation lays down the conditions for the introduction, as well as the conditions and procedures for the import, of cultural goods from third countries. The regulation does not apply to cultural goods that have been created or discovered in the EU. To focus the measures established by the regulation on the goods considered most at risk of pillage in conflict areas and to avoid a disproportionate burden for licit trade, the new legislative act introduces age and value thresholds for certain goods categories. The regulation will apply at the latest six years after it comes into force, i.e. from June 2025. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

EU rules on control of arms exports

07-11-2018

The EU's Common Position on arms exports is the only legally binding region-wide arrangement on conventional arms exports. While the Common Position has increased information-sharing and transparency of Member States' arms exports, scope remains to enhance convergence of national policies and for stricter implementation of the criteria defined in the EU text. Following the publication of the EU's 19th annual report on arms exports in February 2018, the European Parliament is due to discuss a report ...

The EU's Common Position on arms exports is the only legally binding region-wide arrangement on conventional arms exports. While the Common Position has increased information-sharing and transparency of Member States' arms exports, scope remains to enhance convergence of national policies and for stricter implementation of the criteria defined in the EU text. Following the publication of the EU's 19th annual report on arms exports in February 2018, the European Parliament is due to discuss a report on the implementation of the Common Position during its November I plenary session.

Migration from Central America

25-10-2018

Although not a new phenomenon, migration flows from Central America, in particular from El Salvador, Guatemala and Honduras (also called the Northern Triangle of Central America, NTCA), have grown exponentially since 2014, with a considerable increase in the number of adults and a huge one in the number of unaccompanied minors crossing the borders. And the ‘caravan’ of Central American migrants that has recently reached Mexico on its way to the US border has again turned public and media attention ...

Although not a new phenomenon, migration flows from Central America, in particular from El Salvador, Guatemala and Honduras (also called the Northern Triangle of Central America, NTCA), have grown exponentially since 2014, with a considerable increase in the number of adults and a huge one in the number of unaccompanied minors crossing the borders. And the ‘caravan’ of Central American migrants that has recently reached Mexico on its way to the US border has again turned public and media attention towards this silent exodus. The push factors that have been fuelling migration from these countries include poverty, unemployment and under-employment, rampant crime and violence – in particular gang violence – but also institutional weakness and corruption. The pull factors include family re-unification, migrants' perceptions of more permissive immigration laws in destination countries, and the existence of well-organised smuggling networks. Their main destination countries are the United States and Mexico, but other neighbouring countries such as Belize and Costa Rica are receiving growing numbers of NTCA migrants, as are some European countries, including Spain, Italy and France. Countries of origin, transit and destination have set up new instruments for alleviating the problem, such as Mexico´s Southern Border Programme, and the regional Alliance for Prosperity, which have produced mixed results. International organisations, such as the EU and the United Nations, have been providing help, and the European Parliament has also expressed its concern on the situation of these migrants and their human rights.

Import of cultural goods

17-10-2018

Currently, with the exception of two specific measures for Iraq and Syria, there is no EU legislation covering the import of cultural goods from third countries entering the EU. In July 2017, the European Commission adopted a legislative proposal to ensure that imported cultural goods are subject to effective and uniform treatment throughout the EU. The European Parliament is expected to vote on the proposal during its October II plenary session.

Currently, with the exception of two specific measures for Iraq and Syria, there is no EU legislation covering the import of cultural goods from third countries entering the EU. In July 2017, the European Commission adopted a legislative proposal to ensure that imported cultural goods are subject to effective and uniform treatment throughout the EU. The European Parliament is expected to vote on the proposal during its October II plenary session.

Revision of the Explosives Precursors Regulation

10-07-2018

Explosives precursors can be found in various chemical products used by consumers, general professional users, and industrial users, for example, in detergents, fertilisers, special fuels, lubricants and greases, water treatment chemicals. They can be used by terrorists to produce home-made explosives (HME). In April 2018 the European Commission put forward a proposal for a new regulation, accompanied by an impact assessment (IA) and an evaluation, which have been performed at the same time. The ...

Explosives precursors can be found in various chemical products used by consumers, general professional users, and industrial users, for example, in detergents, fertilisers, special fuels, lubricants and greases, water treatment chemicals. They can be used by terrorists to produce home-made explosives (HME). In April 2018 the European Commission put forward a proposal for a new regulation, accompanied by an impact assessment (IA) and an evaluation, which have been performed at the same time. The IA has attempted to provide a rather detailed, albeit mainly qualitative, analysis of the various types of impacts, disregarding some limitations to obtain data, such as a risk of exposing vulnerabilities in Member States and of jeopardising ongoing investigations and prosecutions. The IA notes that many SMEs are not part of the EU level industry associations, which have been consulted while drafting the ex-post evaluation. A question arises if the SMEs have been targeted at the stakeholder consultation in any other way, which appears not to be the case. The public consultation took less than 12 weeks, which is not in line with the Better Regulation Guidelines.

Regulation 98/2013 on the marketing and use of explosives precursors: Implementation Appraisal

29-05-2018

Explosives precursors are chemical substances that can be (and have been) misused to manufacture homemade explosives (HMEs). Regulation 98/2013 on the marketing and use of explosives precursors, applicable since September 2014, has two general aims: to increase public security through a reduced risk of misuse of explosives precursors for the manufacture of HMEs and, at the same time, to enable the free movement of explosives precursor substances in the EU internal market, given their many legitimate ...

Explosives precursors are chemical substances that can be (and have been) misused to manufacture homemade explosives (HMEs). Regulation 98/2013 on the marketing and use of explosives precursors, applicable since September 2014, has two general aims: to increase public security through a reduced risk of misuse of explosives precursors for the manufacture of HMEs and, at the same time, to enable the free movement of explosives precursor substances in the EU internal market, given their many legitimate uses. The regulation establishes a system of restrictions and controls on a number of explosives precursors with the aim of limiting the general public's access to these substances. The regulation also establishes an obligation for economic operators to report suspicious transactions, disappearances and thefts of explosives precursors. Evidence collected through the Commission's evaluation and stakeholder consultation confirms the existence of significant challenges related to the application of the regulation. These include a fragmented landscape of restrictions and controls across Member States (which apply an outright ban, a licensing or a registration regime, or a combination of these); insufficient awareness along the supply chain about rules and obligations arising from the regulation; and a lack of clarity about certain provisions that focus particularly on the identification of products that fall within the scope of the regulation and the identification of legitimate/professional users. Lack of clarity as to the application of the regulation to online marketplaces is yet another problem, given the absence of an explicit reference to e-commerce in the regulation. Non-inclusion of all threat substances in the list of restricted explosives precursors is seen as yet another important challenge, and so is the perceived inflexibility of the procedure for adding new threat substances to the list, especially in view of the need to react quickly to new and evolving threats. In light of the above, in April 2018 the European Commission put forward a proposal for a new regulation, accompanied by an impact assessment and an evaluation.

EYE event - Biodiversity and wildlife crime

16-05-2018

Wildlife crime is one of the most profitable criminal activities worldwide. It has devastating effects on biodiversity, undermines the rule of law, and can trigger economic losses for entire countries. The European Union has been engaged in the fight against wildlife trafficking for decades.

Wildlife crime is one of the most profitable criminal activities worldwide. It has devastating effects on biodiversity, undermines the rule of law, and can trigger economic losses for entire countries. The European Union has been engaged in the fight against wildlife trafficking for decades.

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