17 Amendments of Godelieve QUISTHOUDT-ROWOHL related to 2012/0163(COD)
Amendment 53 #
Proposal for a regulation
Article 2 – point b
Article 2 – point b
(b) ‘costs arising from the arbitration’ means the fees and costs of the arbitration tribunal, arbitration institution and the costs of representation and expenses awarded to the claimant by the arbitration tribunal;
Amendment 59 #
Proposal for a regulation
Article 2 – point h
Article 2 – point h
(h) ‘settlement’ means any agreement between the Union or a Member State, or both, of the one part, and a claimant, of the other, whereby the claimant agrees not to pursue its claims in exchange for the payment of a sum of money or for action other than the payment of monetary sum, including where the settlement is recorded in an award of an arbitration tribunal;
Amendment 60 #
Proposal for a regulation
Article 2 – point j a (new)
Article 2 – point j a (new)
(ja)"requests for consultations" means any formal step in dispute settlement proceedings by which an investor initiates the process of dispute settlement, excluding the submission of a claim to arbitration;
Amendment 70 #
Proposal for a regulation
Article 4
Article 4
The Union shall act as respondent where the dispute concerns treatment afforded by the institutions, bodies or agencies of the Union. In particular, where the dispute concerns treatment afforded by the European Central Bank (ECB) or the European Investment Bank (EIB), the ECB or the EIB, respectively, shall act on behalf of the Union.
Amendment 73 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
As soon as the Commission receives notice by which a claimant states its intention to initiate arbitration proceedings against a Member State, in accordance with the provisions of an agreement, it shall notify the Member State concerned. In the case the Commission receives notice by which a claimant states its intention to initiate arbitration proceedings against the Union it shall immediately notify all Member States.
Amendment 75 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
The Commission shall notify the European Parliament and the Council of any notice by which a claimant states its intention to initiate arbitration proceedings, within 15 days of receiving notice. Such notification shall also include the information on who will act as a respondent in the dispute.
Amendment 80 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The Commission may decide,and the Member State concerned shall within 320 days ofafter receiving notice or notification referred to in Article 7, that the Union shall act as respondent enter into consultations where one or more of the following circumstances arise:
Amendment 83 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) it is likely that the Union would bear at least part of the potential financial responsibility arising from the dispute in accordance with the criteria laid down in Article 3; (1) first subparagraph point (b) because a treatment afforded by the Member State was required by the law of the Union;
Amendment 85 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) it is likely that similar claims will be broughtrequests for consultations concerning similar claims have been lodged under the same agreement against treatment afforded by other Member States and the Commission is best placed to ensure an effective and consistent defence; or,
Amendment 88 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
If the Commission and the Member State concerned agree in the consultations that the Union shall act as respondent, the Commission shall adopt a decision accordingly. In the case mutual consent cannot be achieved, the Commission may in the cases referred to in points (a) and (b) of the first subparagraph decide that the Union shall act as respondent. In any event such decision shall be adopted within 30 days of receiving notice or notification referred to in Article 7.
Amendment 91 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission and the Member State concerned shall immediately after receiving notice or notification referred to in Article 7 enter into consultations on the management of the case pursuant to this Article. The Commission and the Member State concerned shall ensure that any deadlines set down in the agreement are respected.
Amendment 95 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission may, at any time, require the Member State concerned to take a particular position as regards any point of law raised by the dispute or any other element having a Union interest, if the overriding interest of the Union or the future interpretation of the agreement in question or other agreements would be affected. Such a position shall not unduly compromise the effective defence of the Member State concerned. If the Member State concerned considers the request of the Commission as unduly compromising its effective defence, it shall enter into consultations with a view to find an acceptable solution before the decision is rendered.
Amendment 98 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. When an agreement, or the rules referred to therein, provide for the possibility of annulment, appeal or review of a point of law included in an arbitration award, the Commission may where it considers that the consistency or correctness of the interpretation of the agreement so warrant, require the Member State to lodge an applicatioenter into consultations with the Member State concerned in for such annulment, appeal or review. In such circumstances, representatives of the Commission shall form part of the delegation and may express the views of the Union as regards the point of law in questionder to determine whether it is necessary that the Member State concerned lodge an application for such annulment, appeal or review.
Amendment 101 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. If the Member State concerned refuses to lodge an application for annulment, appeal or review, the Commission may require the Member State concerned to lodge such an application. In such case, representatives of the Commission shall form part of the delegation and may express the views of the Union as regards the point of law in question.
Amendment 103 #
Proposal for a regulation
Article 10– point c
Article 10– point c
(c) the Commission shall provide the Member State with all documents relating to the proceeding, and promptly inform the Members State of all procedural steps, and enter in consultations with the Member State regularly, and in any event when requested by the Member State concerned, so as to ensure as effective defence as possible; and,
Amendment 107 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Where the Union is respondent in a dispute concerning treatment afforded, whether fully or in part, by a Member State, and the Commission considers that the settlement of the dispute would be in the interests of the Union, it shall first consult with the Member State concerned. The Member State may also initiate such consultations with the Commission. The Member State and the Commission shall ensure a mutual understanding of the legal situation and possible consequences and avoid any disagreement in view of the settlement of the case.
Amendment 109 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. In the event that the Member State does not consent to settle the dispute, the Commission may by means of a decision settle the dispute where clear and obvious overriding interests of the Union so require. The Commission shall provide the Member State concerned with a full, balanced, factual analysis and legal reasoning setting out the reasons why only the settlement would be in the interest of the Union.