Activities of Godelieve QUISTHOUDT-ROWOHL related to 2010/0197(COD)
Plenary speeches (1)
Transitional arrangements for bilateral investment agreements between Member States and third countries (debate)
Amendments (15)
Amendment 39 #
Proposal for a regulation
Recital 5
Recital 5
(5) In the interest of EU investors and their investments in third countries, and of Member States hosting foreign investors and investments, bilateral agreements that specify and guarantee the conditions of investment should be maintained in forceremain binding on the parties under public international law and will be maintained in force unless replaced by new agreements.
Amendment 42 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Given that the bilateral investment agreements concluded by the Member States with third parties are, so far, the main source of protection and legal security for European investors abroad, this Regulation shall grant for legal certainty and reliable investment conditions and should not negatively affect investor protection and guarantees accorded under the existing agreements.
Amendment 62 #
Proposal for a regulation
Recital 10
Recital 10
(10) The Commission should be able to withdraw the authorisation if an agreement conflicts with the law of the Union other than the incompatibilities arising from the allocation of competence between the Union and its Member States. The authorisation may also be withdrawn if an agreement of the Union in force with a third country contains investment provisions similar to those of a Member State agreement. In order to ensure that agreements of Member States do not undermine the development and implementation of the Union's policies relating to investment, including in particular of autonomous measures of common commercial policy, authorisation may be withdrawn. Finally, should the Council not take a decision on the authorisation to open negotiations concerning investment within one year of the submission of a recommendation by the Commission pursuant to Article 218(3) of the Treaty, the possibility would exist to withdraw the authorisation for the bilateral investment agreement with the relevant third country.
Amendment 68 #
Proposal for a regulation
Recital 12
Recital 12
(12) No later than five years after the entry into force of this Regulation, the Commission should present to the European Parliament and the Council a report on the application of Chapters II and III of this Regulation. This report should, inter alia, review the need for the continued application of these chapters. Where the report recommends to discontinue the application of the provisions of these Chapters or where it would propose to modify these provisions, it should be accompanied by an appropriate legislative proposal. Unless replaced by an agreement of the Union concerning investment, or otherwise terminated, bilateral agreements concluded by Member States with third countries remain binding on the parties under public international law.
Amendment 82 #
Proposal for a regulation
Recital 17
Recital 17
(17) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for thethe Regulation of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission´s exercise of implementing powers conferred on the Commission,
Amendment 95 #
Proposal for a regulation
Article 2
Article 2
Within thirty days from the entry into force of this Regulation, the Member States shall notify the Commission of all bilateral agreements with third countries relating to investment concluded before the entry into force of this Regulation that they either wish to maintain in force or permit to enter into force under this Chapter. The notification shall include a copy of those bilateral agreements. Member States shall also notify the Commission of all future changes to the status of these agreements.
Amendment 111 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 127 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. No later than five years after the entry into force of this Regulation, the Commission shall present to the European Parliament and the Council a report on the application of this Chapter which shall review the need for the continued application of this chapter, based on the review referred to in paragraph 1.
Amendment 132 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 148 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 172 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 186 #
Proposal for a regulation
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
Amendment 200 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. No later than five years after the entry into force of this Regulation, the Commission shall present to the European Parliament and the Council a report on the application of this Chapter which shall review the need for a continued application of the Chapter.
Amendment 203 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 213 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Where reference is made to this paragraph, Articles 35a and 7 of Decision 1999/468/EC shall apply. [Where reference is made to this paragraph, Articles 5, 5a and 6 of the Regulation of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers shall apply.]