Activities of Gilles LEBRETON related to 2021/0114(COD)
Opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market
Legal basis opinions (0)
Amendments (39)
Amendment 65 #
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure a level playing field throughout the internal market and consistency in the application of this Regulation, the Commission should be the solemain authority competent to apply this Regulation. The Commission should have the power to examine any foreign subsidy to the extent it is in the scope of this Regulation in any sector of the economy on its own initiative or at the request of the competent national authorities, relying on information from all available sources. To ensure effective control, in the specific case of large concentrations (mergers and acquisitions) and public procurement procedures above certain thresholds, the Commission should have the power to review foreign subsidies based on a prior notification by the undertaking to the Commission.
Amendment 96 #
Proposal for a regulation
Recital 17
Recital 17
(17) Where the Commission examines a foreign subsidy on its own initiative, it should have the power to impose redressive measures on an undertaking to remedy any distortion caused by a foreign subsidy in the internal market. Redressive measures should be proportionate and suitable to remedy the distortion at stake. They should include behavioural or structural remedies or the repayment of the foreign subsidy.
Amendment 108 #
Proposal for a regulation
Recital 22
Recital 22
(22) The Commission should be given adequate investigative powersthe capacity to gather all necessary information. It should therefore have the powerbe able to request information from any undertaking or association of undertakings throughout the whole procedure. In addiHowever, the obligation to provide information, to the Commission should have the power to impose fines and periodic penalty payments for failure to timely supply the requested information or for supplying incomplete, incorrect or misleading informationnot put at risk the Member States’ essential security interests. The Commission could also address questions to Member States or to third countries. Furthermore, the Commission should have the power to make fact-finding visits at the Union premises of the undertaking, or, subject to agreement by the undertaking and the third country concerned, at the premises of the undertaking in the third country. The Commission should also have the power to take decisions on the basis of facts available if the undertaking in question does not cooperate.
Amendment 113 #
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should have appropriate instruments to ensure the effectiveness of commitments and redressive measures. If the undertaking concerned does not comply with a decision with commitments, a decision imposing redressive measures, or a decision ordering interim measures, the Commission should have the power to impose fines and periodic penalty payments.
Amendment 121 #
(30) It is necessary to strike a balance between effective protection of the internal market and the need to limit the administrative burden on undertakings subject to this Regulation. Therefore, only concentrations meeting combined thresholds as defined in this Regulation based on the size of the turnover in the Union and the size of the subsidy should be subject to mandatory prior notification. SMEs shall be exempted from this prior notification requirement in all cases.
Amendment 126 #
Proposal for a regulation
Recital 31
Recital 31
(31) Below the notification thresholds, the Commission could require the notification of potentially subsidised concentrations that were not yet implemented or the notification of potentially subsidised bids prior to the award of a public contract, at the request of the competent national authorities or if it considers that the concentration or the bid would merit ex-ante review given their impact in the Union. The Commission should also have the possibility to carry out a review on its own initiative of already implemented concentrations or awarded public contracts.
Amendment 138 #
Proposal for a regulation
Article 15 – paragraph 5 – introductory part
Article 15 – paragraph 5 – introductory part
(5) Where an undertaking concerned does not comply with a decision with commitments pursuant to Article 9(3), a decision ordering interim measures pursuant to Article 10 or a decision imposing redressive measures pursuant to Article 9(2), the Commission may, after consulting the Council, impose by decision:
Amendment 142 #
Proposal for a regulation
Recital 37
Recital 37
(37) Taking into account the nature of the ex ante review mechanism for concentrations and public procurement awards, and the need for legal certainty regarding these specific transactions, a concentration or public procurement tender notified and assessed under the respective procedures cannot be reviewed again by the Commission on its own initiative. Financial contributions of which the Commission was informed through the notification procedure may however also be relevant outside the concentration or procurement procedure. In order to gather information on foreign subsidies, the Commission should have the possibility to launch investigations regarding specific sectors of the economy, particular types of economic activity or the use of particular foreign subsidy instruments.
Amendment 147 #
Proposal for a regulation
Recital 38
Recital 38
Amendment 150 #
Proposal for a regulation
Recital 43
Recital 43
(43) The implementation of this Regulation by the Union should comply with Union law, the WTO Agreement and be consistent with commitments made under other trade and investment agreements to which the Union or the Member States are parties.
Amendment 155 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure a level playing field on the internal market also in the long term, with a view to ensuring adequate coverage of cases investigated both through notifications as well as ex officio, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amending the notification thresholds for concentrations and for public procurement procedures, exempting certain categories of undertakings from the notification obligations under this Regulation, as well as amending the time limits for the preliminary review and the in-depth investigations of notified concentrations or notified financial contributions in the context of a public procurement procedure. In relation to financial contributions in the context of a public procurement procedure, the power to adopt such acts should be exercised in a way that takes into account the interests of SMEs. It is of particular importance that the Commission carries out appropriate consultations during the preparations of those acts, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making47. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 47 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 231 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) The Commission shall, where warranted, balance the negative effects of a foreign subsidy in terms of distortion on the internal market with positive effects on the development of the relevant economic activity.
Amendment 281 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission may on its own initiative or at the request of the competent national authorities examine information from any source regarding alleged distortive foreign subsidies.
Amendment 290 #
Proposal for a regulation
Article 8 – paragraph 1 – point a a (new)
Article 8 – paragraph 1 – point a a (new)
(aa) where applicable, use information provided by the national authorities in support of their request;
Amendment 292 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) inform the undertaking concerned and the competent authorities of the Member State in which it is registered; and
Amendment 298 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Where the Commission, after a preliminary assessment, concludes that there are no sufficient grounds to initiate the in-depth investigation, either because there is no foreign subsidy or because there are no indications of an actual or potential distortion on the internal market, it shall close the preliminary review and inform the undertaking concernedand the competent national authorities.
Amendment 311 #
Proposal for a regulation
Article 10 – paragraph 1 – point 1
Article 10 – paragraph 1 – point 1
(1) there are firm indications that a financial contribution constitutes a foreign subsidy and distorts the internal market; and
Amendment 316 #
Proposal for a regulation
Article 10 – paragraph 1 – point 2
Article 10 – paragraph 1 – point 2
(2) there is a serious and immediate risk of substantial and irreparable damage to competition on the internal market.
Amendment 324 #
Proposal for a regulation
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
Amendment 325 #
Proposal for a regulation
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
(c) contain a statement that, pursuant to Article 14, a lack of cooperation from the undertaking concerned or incorrect, incomplete or misleading information allows the Commission to take a decision on the basis of the facts that are available.
Amendment 329 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
(4a) However, the obligation to provide information to the Commission should not put at risk the Member States’ essential security interests.
Amendment 332 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) TShould the Commission decide that the information provided is inadequate, it shall give the undertaking concerned no less than 30 days from receipt of formal notice to provide the missing elements. If it does not receive a satisfactory response by the deadline, the Commission may conduct the necessary inspections of undertakings.
Amendment 336 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
(2) Where the Commission undertakes such an inspection, the officials authorised by the Commission to conduct an inspection shall be empowered in accordance with the national law of the Member State in which the undertaking is registered and its premises and land are located:
Amendment 337 #
Amendment 339 #
Proposal for a regulation
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
Amendment 340 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
(6) Where officials or other accompanying persons authorised by the Commission find that an undertaking opposes an inspection within the meaning of this Article, the Member State concerned shallmay provide them with the necessary assistance and shall, requesting, where appropriate, the assistance of the police or of an equivalent enforcement authority so as to enable them to conduct their inspection.
Amendment 341 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
(7) Upon request of the Commission, a Member State shallmay in its own territory carry out any inspection or other fact- finding measure under its national law in order to establish whether there is a foreign subsidy distorting the internal market.
Amendment 347 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to carry out the duties assigned to it by this Regulation, the Commission may conduct inspections in the territory of a third country, provided that the undertaking concerned has given its consent and the government of the third country has been officially notified and hasin a timely manner and has expressly agreed to the inspection. Article 12(1), (2), and (3) points (a) and (b) shall apply by analogy.
Amendment 411 #
Proposal for a regulation
Article 25
Article 25
Amendment 461 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
(4) The Commission may adopt a decision closing the in-depth investigation no later than 1200 days after it received the notification. In exceptional circumstances, this time limit may be extended by a maximum of 30 days after consultation with the concerned contracting authority or contracting entity.
Amendment 480 #
Proposal for a regulation
Article 32
Article 32
Amendment 495 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 496 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 500 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
(1) The Commission shall, before adopting a decision pursuant to Articles 9, 15, 24(3) point (c), 25, 30(2) or 32, give the undertaking concerned and the competent authorities of the Member State in which it is registered the opportunity to submit observations on the grounds on which the Commission intends to adopt its decision.
Amendment 515 #
Proposal for a regulation
Article 44 – paragraph 1 – point a
Article 44 – paragraph 1 – point a
Amendment 516 #
Proposal for a regulation
Article 44 – paragraph 1 – point b
Article 44 – paragraph 1 – point b
(b) exempting certain categories of undertakings concerned from the obligation to notify pursuant to Articles 19 and 28, in light of the practice of the Commission in the first fivthree years of application of this Regulation, in case this practice allows to identify economic activities where foreign subsidies are unlikely to distort the internal market;
Amendment 517 #
Proposal for a regulation
Article 44 – paragraph 1 – point c
Article 44 – paragraph 1 – point c
Amendment 524 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Within fivthree years after the entry into force of this Regulation at the latest, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation, accompanied, where the Commission considers it appropriate, by relevant legislative proposals.
Amendment 528 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1