Activities of Franck PROUST related to 2012/0359(COD)
Plenary speeches (1)
Application and enforcement of international trade rules (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council concerning the exercise of the Union's rights for the application and enforcement of international trade rules PDF (250 KB) DOC (363 KB)
Amendments (21)
Amendment 25 #
Proposal for a regulation
Recital 2
Recital 2
(2) It is essential that the Union possesses appropriate instruments to ensure the effective exercise of the Union's rights under international trade agreements, in order to safeguard its economic interests. This is particularly the case in situations where third countries enact trade restrictive measures that diminish the benefits accruing to the Union's economic operators under international trade agreements. The Union should be in a position to react swiftly and in a flexible manner in the context of the procedures and deadlines set out by the international trade agreements which it has concluded. The Union should therefore adopt legislation defining the framework for exercising the Union's rights in certain specific situations and provide adequate resources to ensure effective use of these implementing instruments.
Amendment 27 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The measures should be so selected as to take into account their capacity to encourage the third countries concerned to respect not only the rules of international trade but also their capacity to bring relief to those economic operators and Member States that have been most affected by the measures taken by third countries. These measures should not restrict the EU’s access to raw materials vital to European industries.
Amendment 30 #
Proposal for a regulation
Recital 5
Recital 5
(5) Article XXVIII of the GATT 1994 and the related Understanding govern the modification or withdrawal of concessions established in the tariff schedules of WTO Members. WTO members affected by any such modification are entitled, under certain conditions, to withdraw substantially equivalent concessions. The Union should adopt rebalancing measures in such cases, unless compensatory adjustments are agreed. Action by the Union would be aimed at inducing third countries to implement trade-enhancing measuresmeasures to restore reciprocal advantages and enhance trade.
Amendment 31 #
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation should focus on those measures where the Union has experience in their design and application;make it possible for the Union to establish a complete and effective framework to enable measures to be taken without delay; however, the possibility to extend theits scope of this Regulation to the sectors of services and intellectual property rights should be assessed in due time with regard to the specificities of each areato intellectual property rights should be considered at the time of the evaluation report on this Regulation.
Amendment 36 #
Proposal for a regulation
Recital 9
Recital 9
(9) The Commission should evaluate the functioning of this Regulation no later than threfive years after the first instance of its implementation with a view to assessing its implementation and, if necessary, improving its efficiency, considering in particular the possibility of extending its scope to the sector of intellectual property rights. The Commission should include in its reports on the Europe 2020 Strategy an analysis of the relevance of that instrument, particularly as regards its ability to remove barriers to trade.
Amendment 39 #
Proposal for a regulation
Recital 10
Recital 10
(10) Implementing acts pursuant to this Regulation should be adopted subject to specific criteria of appropriateness laid down in the Regulation. The advisory procedure seems the most appropriate, as it is the only procedure which guarantees that the interests of the smallest Member States will be preserved.
Amendment 40 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The Commission should keep the European Parliament regularly informed, particularly when the Union has referred a matter to a dispute settlement body. After each decision by a dispute settlement body authorising the Union to take measures, the Commission should appear before the European Parliament to give an account of its intention to take such measures. If the Union decides to take measures, the Commission should appear before the European Parliament to give an account of the measures selected.
Amendment 43 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) rebalancing concessions or other obligations in the trade relations with third countries, when the import treatment accorded to goodimported goods and to services from the Union is altered.
Amendment 44 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The Commission shall appear before the European Parliament to give an account of its intention to take measures.
Amendment 46 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where action is necessary to safeguard the interests of the Union in the cases referred to in Article 3(1), the Commission shall adopt an implementing act determining the appropriate commercial policy measures. Such implementing act shall be adopted in accordance with the examinationadvisory procedure referred to in Article 8(2).
Amendment 47 #
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) potential of the measures to provide relief to economic operators and Member States within the Union affected by third country measures;
Amendment 52 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The Commission shall appear before the European Parliament to give an account of the selection of the measures which the Union is taking.
Amendment 53 #
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) suspension of the application of the obligations and specific commitments in the field of trade in services, with due regard for GATS or for any bilateral or regional agreement, whether it is implemented by withdrawing or suspending licences, refusing to issue new licences, introducing an additional charge payable by suppliers of the service from the third country concerned, or by means of other measures;
Amendment 55 #
Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
Article 5 – paragraph 1 – point c – point i
(i) the exclusion from public procurement of tenders the total value of which is made up for more than 50% of goods or services originating in the third country concerned; the implementing act may lay down a threshold above which this exclusion is to apply; and/or
Amendment 56 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where, subsequently to the adoption of an implementing act pursuant to Article 4(1), the third country concerned accords satisfactoryadequate and proportionate compensation to the Union in the cases referred to in Article 3(1) (a) and (b), the Commission may suspend the application of that implementing act for the duration of the compensation period. The suspension shall be decided in accordance with the examinationadvisory procedure referred to in Article 8(2).
Amendment 57 #
Proposal for a regulation
Article 7 – paragraph 2 – second subparagraph
Article 7 – paragraph 2 – second subparagraph
The termination shall be decided in accordance with the examinationadvisory procedure set out in Article 8(2).
Amendment 58 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where it is necessary to make adjustments to commercial policy measures adopted under this Regulation, account taken of the conditions and criteria laid down in Article 4(2) and 4(3), the Commission may introduce any appropriate modifications in accordance with the examinationadvisory procedure set out in Article 8(2).
Amendment 60 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where reference is made to this paragraph, Article 54 of Regulation (EU) No 182/2011 shall apply.
Amendment 61 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 in conjunction with Article 54 thereof, shall apply.
Amendment 63 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission shall seek information and views regarding the Union's economic interests in specific products or sectors, in the application of this Regulation, through a notice in the Official Journal of the European Union or other suitable public communication means. The publication shall indicate the period within which the information is to be collected. This period shall not exceed two months.
Amendment 68 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
No later than threfive years after the first instance of adoption of an implementing act under this Regulation, the Commission shall review its implementation and report to the European Parliament and the Council.