The Committee on International Trade adopted the report by Klaus BUCHNER (Greens/EFA, DE) on the proposal for a regulation of the European Parliament and of the Council setting up a Union regime for the control of exports, transfer, brokering, technical assistance and transit of dual-use items (recast).
The committee recommended that the European Parliaments position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows.
Cyber-surveillance and human rights violations: in addition to traditional dual-use items, the Regulation should cover cyber-surveillance assets used to directly interfere with human rights, including the right to privacy and data protection, freedom of expression, freedom of assembly and association.
Considering the rapid advance of technological developments, it is appropriate that the Union introduces controls on certain types of cyber-surveillance technologies on the basis of a unilateral list, in Section B of Annex I.
Due diligence: if an exporter, becomes aware while exercising due diligence that dual-use items not listed in Annex I which he or she proposes to export, may be intended to violate human rights, he or she must notify the competent authority of the Member State in which he or she is established or resident in, which will decide whether or not it is expedient to make the export concerned subject to authorisation.
A Member State may prohibit or impose an authorisation requirement on the export of dual-use items not listed in Annex I for reasons of public security, for human rights considerations or for the prevention of acts of terrorism. The manufacture's note of licensing requirements should also be compulsory for exports to third countries.
Export authorisations: individual export authorisations and global export authorisations shall be valid for two years, and may be renewed by the competent authority. They may be suspended or revoked at any time. The identity or nature of the entity that will be the end-user shall be identified.
Applications for authorisation shall be processed within 30 days of the filing of the application.
If the companies have certified their Internal Compliance Programme (ICP), then they shall obtain incentives in the authorisation process from the national competent authorities (shorter delay for instance).
Criteria to be taken into account: in deciding whether or not to grant an individual or global export authorisation, the competent authorities of the Member States shall take into account all relevant considerations including:
With regard to cyber-surveillance items, the competent authorities of the Member States shall in particular consider the risk of violation of the right to privacy, the right to data protection, freedom of speech and freedom of assembly and association, as well as risks relating to the rule of law.
Guidelines: Members proposed that the Commission and the Council make guidelines available (in the form of a handbook) as soon as the Regulation enters into force, so as to ensure common risk assessments as well as uniformity of the criteria for licensing decisions.
That handbook shall be developed in close cooperation with the European External Action Service (EEAS) and the Dual Use Coordination Group and shall involve external expertise from academics, exporters, brokers and civil society organisations.
Modification of lists: new risks and new technologies may be added urgently to the Regulation. The Commission may also remove items from the list if, as a result of the fast-changing technological environment, these items have become lower tier or mass market products that are easily available.
Penalties: the Dual-Use Coordination Group shall set up an Enforcement Coordination Mechanism to provide for uniform criteria for licensing decisions. Upon assessment by the Commission of the rules on penalties laid down by Member States, the mechanism shall provide for ways to make penalties for infringements of this Regulation similar in nature and effect.
Transparency: Member States shall disclose publicly, at least quarterly and in an easily accessible manner, meaningful information on each license with regard to the type of license, the value, the volume, nature of equipment, a description of the product, the end user and end use, the country of destination, as well as information regarding approval or denial of the license request.
Lastly, Members asked that the Commission's evaluation report on the Regulation include a proposal on the deletion of encryption technologies from the list of controlled items.