Amendments adopted by the European Parliament on 27 October 2015 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (COM(2014)0001 — C7-0014/2014 — 2014/0005(COD))
Date: 2015-10-27
Institutions: Committee on Foreign Affairs, Committee on International Trade, European Parliament
Subjects: cruel and degrading treatment, death penalty, exchange of information, export (EU), export restriction, human rights, international trade, third country, torture, trade regulations




C_2017355EN.01010101.xml










20.10.2017   


EN


Official Journal of the European Union


C 355/101





P8_TA(2015)0368
Trade in certain goods which could be used for capital punishment, torture or other treatment or punishment ***I
Amendments adopted by the European Parliament on 27 October 2015 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (COM(2014)0001 — C7-0014/2014 — 2014/0005(COD)) (1)

(Ordinary legislative procedure: first reading)
(2017/C 355/20)

Amendment 1


Proposal for a regulation


Recital 8








Text proposed by the Commission




Amendment











(8)


Granting a global authorisation would also be appropriate where a manufacturer needs to export medicinal products controlled by Regulation (EC) No 1236/2005 to a distributor in a country that has not abolished capital punishment, provided the exporter and the distributor have concluded a legally binding agreement requiring the distributor to apply an appropriate set of measures ensuring that the medicinal products will not be used for capital punishment.












(8)


Granting a global authorisation would also be appropriate where a manufacturer needs to export medicinal products controlled by Regulation (EC) No 1236/2005 to a distributor in a country that has not abolished capital punishment, provided the exporter and the distributor have concluded a legally binding agreement requiring the distributor to apply an appropriate set of measures ensuring that the medicinal products will not be used for capital punishment
, for torture or for other cruel, inhuman or degrading treatment or punishment
.









Amendment 2


Proposal for a regulation


Recital 12








Text proposed by the Commission




Amendment











(12)


It is necessary to prohibit brokers in the Union from providing brokering services in relation to goods whose export and import are prohibited as such goods have no practical use other than for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. Prohibiting the provision of such services serves the purpose of protecting public morals.












(12)


It is necessary to prohibit brokers in the Union from providing brokering services in relation to goods whose export and import are prohibited as such goods have no practical use other than for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment. Prohibiting the provision of such services serves the purpose of protecting public morals 
and respecting the principles of human dignity which underpin European values, as embodied in the Treaty on European Union and the Charter of Fundamental Rights of the European Union
.









Amendment 3


Proposal for a regulation


Recital 19 a (new)








Text proposed by the Commission




Amendment





 










(19a)






A targeted end-use clause should be introduced in order for Member States to suspend or halt the transfer of security-related items not listed in Annexes II and III that clearly have no practical use other than for the purposes of capital punishment, torture or other cruel, degrading or inhuman treatment or punishment, or where there are reasonable grounds to believe that the transfer of those items would lead to the facilitation or the commission of capital punishment, torture or other cruel, degrading or inhuman treatment or punishment. Powers granted under the targeted end-use clause should not extend to medical products that could be used for the purpose of capital punishment,











Amendment 4


Proposal for a regulation


Article 1 — point 2 — point a a (new)

Regulation (EC) No 1236/2005
Article 2 — point f







Present text




Amendment





 








(aa)




Point (f) is replaced by the following:
















(f)


‘technical assistance’ means any technical support related to repairs, development, manufacture, testing, maintenance, assembly or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services. Technical assistance includes verbal forms of assistance and assistance provided by electronic means;












 








‘(f)


“technical assistance” means any technical support related to repairs, development, manufacture, testing, maintenance, assembly
, usage, practices
 or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services. Technical assistance includes verbal forms of assistance and assistance provided by electronic means;’













Amendment 5


Proposal for a regulation


Article 1 — point 2 — point c

Regulation (EC) No 1236/2005
Article 2 — point k — subparagraph 2







Text proposed by the Commission




Amendment





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


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





Amendment 6


Proposal for a regulation


Article 1 — point 2 — point c

Regulation (EC) No 1236/2005
Article 2 — point l







Text proposed by the Commission




Amendment











(l)


‘broker’ means any natural or legal person or partnership resident or established in a Member State of the Union that carries out services defined under point (k) 
from the Union into the territory of a third country;














(l)


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









Amendment 7


Proposal for a regulation


Article 1 — point 2 — point c

Regulation (EC) No 1236/2005
Article 2 — point m







Text proposed by the Commission




Amendment











(m)


‘supplier of technical assistance’ means any natural or legal person or partnership resident or established in a Member State of the Union that supplies technical assistance defined under point (f) 
from the Union into the territory of a third country
;












(m)


‘supplier of technical assistance’ means any natural or legal person or partnership resident or established in a Member State of the Union that supplies technical assistance defined under point (f);









Amendment 8


Proposal for a regulation


Article 1 — point 2 — point c

Regulation (EC) No 1236/2005
Article 2 — point n







Text proposed by the Commission




Amendment











(n)


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












(n)


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









Amendment 9


Proposal for a regulation


Article 1 — point 2 — point c

Regulation (EC) No 1236/2005
Article 2 — point ra (new)







Text proposed by the Commission




Amendment





 








(ra)




‘transit’ means a transport of non-Union goods, listed in Annexes, entering and passing through the customs territory of the Union with a destination outside the Union.











Amendment 10


Proposal for a regulation


Article 1 — point 3 a (new)

Regulation (EC) No 1236/2005
Article 4 b (new)







Text proposed by the Commission




Amendment





 










(3a)






The following article is inserted:




‘Article 4b




Transit prohibition


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


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











Amendment 11


Proposal for a regulation


Article 1 — point 3 b (new)

Regulation (EC) No 1236/2005
Article 4 c (new)







Text proposed by the Commission




Amendment





 










(3b)






The following article is inserted:




‘Article 4c




Prohibition of commercial marketing and promotion




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











Amendment 12


Proposal for a regulation


Article 1 — point 5

Regulation (EC) No 1236/2005
Article 6 — paragraph 1







Text proposed by the Commission




Amendment





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


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





Amendment 13


Proposal for a regulation


Article 1 — point 5 a (new)

Regulation (EC) No 1236/2005
Article 6 — paragraph 1a (new)







Text proposed by the Commission




Amendment





 










(5a)






In Article 6, the following paragraph is inserted:




1a.
   
The competent authority, taking into account all relevant evidence, shall, along with Member States, ensure that all companies marketing security equipment and those organising trade fairs and other events where such equipment is marketed, are made aware of the fact that such equipment could be used for torture and other cruel, degrading or inhuman treatment or punishment and that marketing such equipment may become prohibited and authorisations relating to it may be withdrawn.











Amendment 14


Proposal for a regulation


Article 1 — point 5 b (new)

Regulation (EC) No 1236/2005
Article 6 — paragraph 2







Present text




Amendment





 










(5b)






In Article 6, paragraph 2 is replaced by the following:










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








 


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








The competent authority shall take into account:








 


The competent authority shall take into account:














—


available international court judgements,












 








—


available international court judgements,


















—


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












 








—


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












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








 


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









Amendment 15


Proposal for a regulation


Article 1 — point 5 c (new)

Regulation (EC) No 1236/2005
Article 6 a (new)







Text proposed by the Commission




Amendment





 










(5c)






The following article is inserted:




‘Article 6a




Transit authorisation requirement


1.   
An authorisation shall be required for the transit of goods listed in Annex III or IIIa if the economic operator has been informed by the competent authorities of the Member State where the transit occurs that the items in question are or may be intended, in their entirety or in part, for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.


2.   
If an economic operator is aware that the goods in transit listed in Annex III or IIIa are intended, in their entirety or in part, for the purpose of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, it shall notify the competent authorities, which shall decide whether or not it is expedient to make the transit concerned subject to authorisation.


3.   
A Member State which imposes an authorisation requirement, pursuant toparagraphs 1 and 2, on the transit of an item not listed in Annex III or IIIa, shall inform the other Member States and the Commission.’











Amendment 16


Proposal for a regulation


Article 1 — point 6

Regulation (EC) No 1236/2005
Article 7a — paragraph 1







Text proposed by the Commission




Amendment





1.   A broker shall be prohibited from providing to any person, entity or body in a third country brokering services in relation to goods listed in 
Annex
 III, irrespective of the origin of such goods, if the broker knows or has grounds for suspecting that any part of a shipment of such goods is or may be intended to be used for torture or other cruel, inhuman or degrading treatment or punishment in a country that does not belong to the customs territory of the Union.


1.   A broker shall be prohibited from providing to any person, entity or body in a third country brokering services in relation to goods listed in 
Annexes
 III 
and IIIa
, irrespective of the origin of such goods, if the broker knows or has grounds for suspecting that any part of a shipment of such goods is or may be intended to be used for torture or other cruel, inhuman or degrading treatment or punishment in a country that does not belong to the customs territory of the Union.





Amendment 17


Proposal for a regulation


Article 1 — point 6

Regulation (EC) No 1236/2005
Article 7a — paragraph 2







Text proposed by the Commission




Amendment





2.   A supplier of technical assistance shall be prohibited from supplying to any person, entity or body in a third country technical assistance in relation to goods listed in 
Annex
 III, irrespective of the origin of such goods, if the supplier of such assistance knows or has grounds for suspecting that some or all of the relevant goods are or may be intended to be used for torture or other cruel, inhuman or degrading treatment or punishment in a country that does not belong to the customs territory of the Union.


2.   A supplier of technical assistance shall be prohibited from supplying to any person, entity or body in a third country technical assistance in relation to goods listed in 
Annexes
 III 
and IIIa
, irrespective of the origin of such goods, if the supplier of such assistance knows or has grounds for suspecting that some or all of the relevant goods are or may be intended to be used for torture or other cruel, inhuman or degrading treatment or punishment in a country that does not belong to the customs territory of the Union. 
A supplier of technical assistance shall also be prohibited from giving instruction, advice, training or transmitting working knowledge or skills that could aid the commission of capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.







Amendment 18


Proposal for a regulation


Article 1 — point 6 a (new)

Regulation (EC) No 1236/2005
Article 7 aa (new)







Text proposed by the Commission




Amendment





 










6a.






The following article is inserted:




‘Article 7aa




Exchange of best practices




Member States are encouraged to promote best practice between suppliers of technical assistance to ensure that this assistance contributes positively to combating torture and other cruel, inhuman or degrading treatment or punishment.’











Amendment 19


Proposal for a regulation


Article 1 — point 7

Regulation (EC) No 1236/2005
Article 7c — paragraph 3 — point 3.3 (new)







Text proposed by the Commission




Amendment





 









‘3.3.



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











Amendment 20


Proposal for a regulation


Article 1 — point 7 a (new)

Regulation (EC) No 1236/2005
Chapter III b (new) — Article 7e (new)







Text proposed by the Commission




Amendment





 










(7a)






The following Chapter is inserted:




‘Chapter III b




Non-listed goods




Article 7e




Catch-all clause


1.   
An authorisation shall be required for the export of items not listed in the Annexes to this Regulation if the exporter has been informed by the competent authorities of the Member State in which it is established that the items in question are or may be intended, in their entirety or in part, for the purpose of capital punishment or for the purpose of torture and other cruel, inhuman or degrading treatment or punishment.


2.   
If an exporter is aware that items which it proposes to export, not listed in Annex II, III or IIIa, are intended, in their entirety or in part, for the purpose of capital punishment or for the purpose of torture and other cruel, inhuman or degrading treatment or punishment, it shall notify the authorities of the Member State in which it is established, which shall decide whether or not it is expedient to make the export concerned subject to authorisation.


3.   
A Member State which imposes an authorisation requirement, pursuant to paragraphs 1 and 2, on the export of item not listed in Annex II, III or IIIa, shall immediately inform the other Member States and the Commission thereof and indicate precise reasons for the imposition of an authorisation requirement. Member States shall also immediately inform the Commission of any modifications made to measures adopted under paragraphs 1 and 2.


4.   
The other Member States shall give all due consideration to this information and shall inform their customs administration and other relevant national authorities.


5.   
When imperative grounds of urgency so require, the Commission shall adopt delegated acts adding items referred to in paragraphs 1 and 2 to Annex II, Annex III or Annex IIIa. The procedure provided for in Article 15b shall apply to delegated acts adopted pursuant to this paragraph.


6.   
Medicinal products, as defined in Directive 2001/83/EC of the European Parliament and of the Council

 (1a)

, shall be excluded from the scope of this Article.











Amendment 21


Proposal for a regulation


Article 1 — point 8

Regulation (EC) No 1236/2005
Article 8 — paragraph 6







Text proposed by the Commission




Amendment





6.   By way of derogation from paragraph 5, where medicinal products are to be exported by a manufacturer to a distributor, the manufacturer shall provide information on the arrangements made and the measures taken to prevent these products from being used for capital punishment, on the country of destination and, if it is available, information on the end-use and the end-users of the goods.


6.   By way of derogation from paragraph 5, where medicinal products are to be exported by a manufacturer to a distributor, the manufacturer shall provide information on the arrangements made and the measures taken to prevent these products from being used for capital punishment, on the country of destination and, if it is available, information on the end-use and the end-users of the goods. 
This information shall be accessible, upon request, to a relevant independent oversight body such as National Preventive Mechanism established under the Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, or a national human rights institution in a Member State.







Amendment 22


Proposal for a regulation


Article 1 — point 8 a (new)

Regulation (EC) No 1236/2005
Article 10 — paragraph 2







Present text




Amendment





 










(8a)






In Article 10, paragraph 2 is replaced by the following:











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









 



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










Amendment 23


Proposal for a regulation


Article 1 — point 12

Regulation (EC) No 1236/2005
Article 12a — paragraph 2







Text proposed by the Commission




Amendment





2.   The Commission may, within three months, ask the requesting Member State to provide supplementary information, if it considers that the request fails to address one or more relevant points or that additional information on one or more relevant points is necessary. It shall communicate the points on which supplementary information needs to be provided.


2.   
Upon receipt of a request referred to in paragraph 1, the Commission shall immediately inform all Member States and circulate the information received from the requesting Member State. Pending a final decision by the Commission, Member States may immediately suspend transfers of the goods contained in the request.
 The Commission may, within three months, ask the requesting Member State to provide supplementary information, if it considers that the request fails to address one or more relevant points or that additional information on one or more relevant points is necessary. It shall communicate the points on which supplementary information needs to be provided.





Amendment 24


Proposal for a regulation


Article 1 — point 12

Regulation (EC) No 1236/2005
Article 12 a — paragraph 3







Text proposed by the Commission




Amendment





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


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





Amendment 25


Proposal for a regulation


Article 1 — point 12 a (new)

Regulation (EC) No 1236/2005
Article 13 — paragraph 1







Present text




Amendment





 










(12a)






In Article 13, paragraph 1 is replaced by the following:










1.   Without prejudice to Article 11, 
the Commission and the Member States
 shall, 
upon request,
 inform 
each other
 of 
the
 measures taken under this Regulation and supply 
each other with
 any relevant information at their disposal in connection with this Regulation, in particular information on authorisations granted and refused.








 



‘1.   Without prejudice to Article 11, 
each Member State
 shall inform 
the Commission
 of measures taken under this Regulation and supply any relevant information at their disposal in connection with this Regulation, in particular information on authorisations granted and refused
, as well as in relation to measures taken under the targeted end-use clause. The Commission shall forward the information to other Member States.’












Amendment 26


Proposal for a regulation


Article 1 — point 12 b (new)

Regulation (EC) No 1236/2005
Article 13 — paragraph 3a (new)







Text proposed by the Commission




Amendment





 










(12b)






In Article 13, the following paragraph is inserted:




‘3a.
   
The Commission shall make annual report compiled of annual activity reports referred to in paragraph 3. The report shall be made publicly available.’











Amendment 27


Proposal for a regulation


Article 1 — point 15

Regulation (EC) No 1236/2005
Article 15 a







Text proposed by the Commission




Amendment







Article 15a






deleted








Exercise of delegation




 




1.   
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.




 




2.   
The delegation of power referred to in Article 12 shall be conferred on the Commission for a period of five years from …. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.




 




3.   
The delegation of power referred to in Article 12 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.




 




4.   
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.




 




5.   
A delegated act adopted pursuant to Article 12 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months from the notification of that act to the European Parliament and to the Council or if, before expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.




 





Amendment 28


Proposal for a regulation


Article 1 — point 15 a (new)

Regulation (EC) No 1236/2005
Article 15c (new)







Text proposed by the Commission




Amendment





 










(15a)






The following article is inserted;




‘Article 15c




Anti-Torture Coordination Group


1.   
An Anti-Torture Coordination Group chaired by a representative of the Commission shall be set up. Each Member State shall appoint a representative to this Group. It shall examine any question concerning the application of this Regulation which may be raised either by the chair or by a representative of a Member State.


2.   
The Coordination Group shall in cooperation with the Commission take appropriate measures to establish direct cooperation and exchange of information between competent authorities, in particular to eliminate the risk of possible disparities in the application of export controls to goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment and which may lead to a deflection of trade.


3.   
The Chair of the Anti-Torture Coordination Group shall, whenever it considers it to be necessary, consult exporters, brokers and other relevant stakeholders, including from all parts of civil society with relevant expertise in matters covered by this Regulation.


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











Amendment 29


Proposal for a regulation


Article 1 — point 15 b (new)

Regulation (EC) No 1236/2005
Article 15d (new)







Text proposed by the Commission




Amendment





 










(15b)






The following article is inserted:




‘Article 15d


1.   
By…

 (*1)

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


2.   
Special sections of the report shall deal with:








(a)




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












(b)




information on national licensing decisions by Member States, reporting to the Commission by Member States, notification and consultation mechanisms among Member States, promulgation and enforcement.












(c)




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















Amendment 30


Proposal for a regulation


Article 1 — point 15 c (new)

Regulation (EC) No 1236/2005
Article 17 — paragraph 2.a (new)







Text proposed by the Commission




Amendment





 










(15c)






In Article 17, the following paragraph is added:


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











Amendment 31


Proposal for a regulation


Article 1 — point 15 — point (-a) (new)

Regulation (EC) No 1236/2005
Annex III — column 2 — points 1 and 2







Present text




Amendment





 










(-a)






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
















1.


Goods designed for restraining human beings, as follows:












‘1.


Goods designed for restraining human beings, as follows:














1.1.


Shackles and gang chains












1.1.


Shackles and gang chains








Notes:


Notes:










1.


Shackles are restraints consisting of two cuffs or rings fitted with a locking mechanism, with a connecting chain or bar












1.


Shackles are restraints consisting of two cuffs or rings fitted with a locking mechanism, with a connecting chain or bar














2.


This item does not control the leg restraints and gang chains prohibited by item 2.3 of Annex II












2.


This item does not control the leg restraints and gang chains prohibited by item 2.3 of Annex II














3.


This item does not control ‘ordinary handcuffs’. Ordinary handcuffs are handcuffs which meet all the following conditions:












3.


This item does not control “ordinary handcuffs”. Ordinary handcuffs are handcuffs which meet all the following conditions:














 








—


their overall dimension including chain, measured from the outer edge of one cuff to the outer edge of the other cuff, is between 150 and 280 mm when both cuffs are locked;
















 








—


their overall dimension including chain, measured from the outer edge of one cuff to the outer edge of the other cuff, is between 150 and 280 mm when both cuffs are locked;


















 








—


the inside circumference of each cuff is a maximum of 165 mm when the ratchet is engaged at the last notch entering the locking mechanism;
















 








—


the inside circumference of each cuff is a maximum of 165 mm when the ratchet is engaged at the last notch entering the locking mechanism;


















 








—


the inside circumference of each cuff is a minimum of 200 mm when the ratchet is engaged at the first notch entering the locking mechanism; and
















 








—


the inside circumference of each cuff is a minimum of 200 mm when the ratchet is engaged at the first notch entering the locking mechanism; and


















 








—


the cuffs have not been modified to cause physical pain or suffering.
















 








—


the cuffs have not been modified to cause physical pain or suffering.


















1.2.


Individual cuffs or rings fitted with a locking mechanism, having an inside circumference exceeding 165 mm when the ratchet is engaged at the last notch entering the locking mechanism












1.2.


Individual cuffs or rings fitted with a locking mechanism, having an inside circumference exceeding 165 mm when the ratchet is engaged at the last notch entering the locking mechanism








Note:


Note:




This item includes neck restraints and other individual cuffs or rings fitted with a locking mechanism, which are linked to ordinary handcuffs by means of a chain


This item includes neck restraints and other individual cuffs or rings fitted with a locking mechanism, which are linked to ordinary handcuffs by means of a chain










1.3.


Spit hoods: hoods, including hoods made of netting, comprising a cover of the mouth which prevents spitting












1.3.


Spit hoods: hoods, including hoods made of netting, comprising a cover of the mouth which prevents spitting








Note: This item includes spit hoods which are linked to ordinary handcuffs by means of a chain


Note: This item includes spit hoods which are linked to ordinary handcuffs by means of a chain




 










1.3.a





Chairs, boards and beds fitted with straps















2.


Weapons and devices designed for the purpose of riot control or self-protection, as follows:












2.


Weapons and devices designed for the purpose of riot control or self-protection, as follows:














2.1.


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












2.1.


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








Notes:


Notes:










1.


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












1.


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














2.


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












2.


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














2.2.


Kits containing all essential components for assembly of portable electric discharge weapons controlled by item 2.1












2.2.


Kits containing all essential components for assembly of portable electric discharge weapons controlled by item 2.1








Note:


Note:




The following goods are considered to be essential components:


The following goods are considered to be essential components:










—


the unit producing an electric shock,












—


the unit producing an electric shock,














—


the switch, whether or not on a remote control, and












—


the switch, whether or not on a remote control, and














—


the electrodes or, where applicable, the wires through which the electrical shock is to be administered












—


the electrodes or, where applicable, the wires through which the electrical shock is to be administered














2.3.


Fixed or mountable electric discharge weapons that cover a wide area and can target multiple individuals with electrical shocks












2.3.


Fixed or mountable electric discharge weapons that cover a wide area and can target multiple individuals with electrical shocks








 










2.3.a





Acoustic devices for the purpose of crowd/riot control









 










2.3.b





Millimetre wave weapons’










Amendment 32


Proposal for a regulation


Article 2 — paragraph 2








Text proposed by the Commission




Amendment





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


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





Amendment 33


Proposal for a regulation


Annex II — Part 2

Regulation (EC) No 1236/2005
Annex IIIb







Text proposed by the Commission




Amendment







Benin






deleted







Amendment 34


Proposal for a regulation


Annex II — Part 2

Regulation (EC) No 1236/2005
Annex IIIb







Text proposed by the Commission




Amendment





 




Gabon







Amendment 35


Proposal for a regulation


Annex II — Part 2

Regulation (EC) No 1236/2005
Annex IIIb







Text proposed by the Commission




Amendment







Liberia






deleted







Amendment 36


Proposal for a regulation


Annex II — Part 2

Regulation (EC) No 1236/2005
Annex IIIb







Text proposed by the Commission




Amendment







Madagascar






deleted







Amendment 37


Proposal for a regulation


Annex II — Part 2

Regulation (EC) No 1236/2005
Annex IIIb







Text proposed by the Commission




Amendment







Mongolia






deleted







Amendment 38


Proposal for a regulation


Annex II — Part 2

Regulation (EC) No 1236/2005
Annex IIIb







Text proposed by the Commission




Amendment







Sao Tome and Principe






deleted








(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 61(2), second subparagraph (A8-0267/2015)