Activities of Hilde VAUTMANS related to 2021/0406(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union and its Member States from economic coercion by third countries
Amendments (35)
Amendment 18 #
Proposal for a regulation
Recital 5
Recital 5
(5) The modern interconnected world economy creates an increased risk of, and opportunity for, economic coercion, as it provides countries with enhanced, including hybrid, means to deploy such coercion. It is desirableimportant that the Union contribute to the creation, development and clarification of international frameworks for the prevention and elimination of situations of economic coercion.
Amendment 21 #
Proposal for a regulation
Recital 6
Recital 6
(6) Whilst always acting within the framework of international law, it is essential that the Union possess an appropriate instrument to deter and counteract economic coercion by third countries in order to safeguard its rights and interests and those of its Member States. This is particularly the case where third countries take or threaten to take measures affecting trade or investment that interfere in the legitimate sovereign choices of the Union or a Member State by seeking to prevent or obtain the cessation, modification or adoption of a particular act by the Union or a Member State. Such measures affecting trade or investment or threat thereof may include not only actions taken or threatened to be taken on, and having effects within, the territory of the third country, but also actions taken or threatened to be taken by the third country, including through entities controlled or directed by the third country and present in the Union, that cause harm to economic activities in the Union such as, among others, some extraterritorial effects of third country sanctions.
Amendment 27 #
Proposal for a regulation
Recital 10
Recital 10
(10) Any action undertaken by the Union on the basis of this Regulation should comply with the Union’s obligations under international law. IThe Union should continue to support the rules-based multilateral trading system, with the World Trade Organisation (WTO) at its core. Out of the WTO's framework, international law allows, under certain conditions, such as proportionality and prior notice, the imposition of countermeasures, that is to say of measures that would otherwise be contrary to the international obligations of an injured party vis-à-vis the country responsible for a breach of international law, and that are aimed at obtaining the cessation of the breach or reparation for it.10 Accordingly, response measures adopted under this Regulation should take the form of either measures adhering to the Union’s international obligations or measures constituting permitted countermeasures. Under international law, and in accordance with the principle of proportionality, they should not exceed a level that is commensurate with the injury suffered by the Union or a Member State due to the third country’s measures of economic coercion, taking into account the gravity of the third country’s measures and the Union’s rights and interests in question. In this respect, injury to the Union or a Member State is understood under international law to include injury to Union economic operators. _________________ 10 See Articles 22 and 49-53 of the Articles on Responsibility of States for Internationally Wrongful Acts, adopted by the United Nations’ International Law Commission at its fifty-third session, in 2001, and taken note of by the United Nations General Assembly in resolution 56/83.
Amendment 31 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Commission should examine whether third-country measures are coercive, on its own initiative or following information received from any source, including legal and natural persons, the European Parliament or a Member State. Following this examination, the Commission should determine in a decision whether the third-country measure is coercive. The Commission should communicate any affirmative determination to the third country concerned, together with a request that the economic coercion cease and a request, where appropriate, that any injury be repaired.
Amendment 36 #
Proposal for a regulation
Recital 16
Recital 16
(16) Union response measures adopted in accordance with this Regulation should be selected and designed on the basis of objective criteria, including: the effectiveness of the measures in inducing the cessation of coercion by the third country; the effectiveness of the measures in repairing the injury caused by the economic coercion; their potential to provide relief to economic operators within the Union affected by the third-country measures of economic coercion; the aim of avoiding or minimising negative economic and other effects on the Union; and the avoidance of disproportionate administrative complexity and costs. It is also essential that the selection and design of Union response measures take account of the Union’s interest. Union response measures should be selected from a wide array of options in order to allow the adoption of the most suitable measures in any given case.
Amendment 37 #
Proposal for a regulation
Recital 18
Recital 18
(18) In pursuing the objective of obtaining the cessation of the measure of economic coercion and the reparation of the injury caused, Union response measures consisting of restrictions on foreign direct investment or on trade in services should only apply with regard to services supplied, or direct investments made, within the Union by one or more legal persons established in the Union which are owned or controlled by persons of the third country concerned where necessary to ensure the effectiveness of Union response measures and in particular to prevent their avoidance. The decision to impose any such restrictions will be duly justified in implementing acts adopted pursuant to this Regulation in the light of the criteria specified in this Regulation.
Amendment 38 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is important to ensure an effective communication and exchange of views and information between the Commission on the one hand and the European Parliament and the Council on the other, in particular on efforts to engage with the third country concerned to explore options with a view to obtaining the cessation of the economic coercion and the reparation of the injury caused and on matters that may lead to the adoption of Union response measures under this Regulation.
Amendment 43 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules and procedures in order to ensure the effective protection of the interests of the Union and its Member States where a third country seeks, through measures, failure to act or threat thereof affecting trade or investment, to coerce the Union or a Member State into adopting or refraining from adopting a particular act. This Regulation provides a framework for the Union to respond in such situations with the objective to deter, obtain the cessation and the reparation of the injury caused or have the third country desist from such actions, whilst permitting the Union, in the last resort, to counteract such actions.
Amendment 45 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Amendment 46 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Regulation applies in the event of economic coercion, where a third country:
Amendment 48 #
Proposal for a regulation
Article 2 – paragraph 1 – indent 1
Article 2 – paragraph 1 – indent 1
— interferes in the legitimate sovereign choices of the Union or a Member State by seeking to prevent or obtain the cessation, modification or adoption of a particular act by the Union or a Member State, including some extraterritorial effects of third countries' sanctions
Amendment 51 #
Proposal for a regulation
Article 2 – paragraph 1 – indent 2
Article 2 – paragraph 1 – indent 2
— by applying, failing to adopt or threatening to apply measures affecting trade or investment.
Amendment 53 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Amendment 54 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) the intensity, severity, frequency, duration, breadth and magnitude of the third country’s measure, failure to act or threat thereof as well as and the pressure arising from it;
Amendment 57 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) the extent to which the third- country measure, failure to act or threat thereof encroaches upon an area of the Union’s or Member States’ sovereignty;
Amendment 58 #
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) whether the third country is acting based on a legitimate concern that is internationally recognisedwell defined and recognised as legitimate by international law and conventions;
Amendment 61 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission may examine any measure of a third country, failure to act and threat thereof in order to determine whether it meets the conditions set out in Article 2(1). The Commission shall act expeditiously.
Amendment 63 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission mayshall carry out the examination referred to in paragraph 1 on its own initiative or following information received from any sourcereliable source, notably a Member State, the European Parliament, economic operators or trade unions. The Commission shall ensure the protection of confidential information in line with Article 12, which may include the identity of the supplier of the information.
Amendment 65 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
The Commission mayshall duly and in a timely manner inform the European Parliament and the Council of any development in the examination of third country measures. It shall publish a notice in the Official Journal of the European Union or through other suitable public communication means with an invitation to submit information within a specified time limit which shall not exceed 4 months. In that event, the Commission shall notify the third country concerned of the initiation of the examination.
Amendment 69 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Prior to adopting its decision, the Commission may invite the third country concerned to submit its observations within a reasonable and specified time limit that shall not unduly delay the Commission's decision.
Amendment 70 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Where the Commission decides that the measure of the third country concerned meets the conditions set out in Article 2(1), it shall notify the third country concerned of its decision and request it to cease the economic coercion and, where appropriate, repair the injury suffered by the Union or its Member States within a reasonable and specified period of time.
Amendment 71 #
Proposal for a regulation
Article 5 – paragraph 1 – indent 3
Article 5 – paragraph 1 – indent 3
— submitting, in parallel, the matter to international adjudication, without implying any undue delay in the Commission's decision.
Amendment 72 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
The Commission shall seek to obtain the cessation of the economic coercion by also raising, in addition to the Commission's determination of the third country's measures, the matter in any relevant international forum.
Amendment 73 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
The Commission shall keep the European Parliament and the Council fully, regularly and in timely manner informed of relevantall developments.
Amendment 76 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
In its engagement with the third country concerned the Commission shall, where desirable or deemed necessary, receive support from other relevant Union institutions, notably the EEAS and the Union delegation to the third country concerned.
Amendment 78 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
In its engagement with any other country affected by the same or similar measures of economic coercion, the Commission shall, where desirable or deemed necessary, receive support from other relevant Union institutions, notably the EEAS and the Union delegation to the country concerned.
Amendment 80 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) action pursuant to the Articles 4 and 5 has not resulted in the cessation of the economic coercion and reparation of the injury it has caused to the Union or a Member State within athe reasonable period of time; set in the decision referred to in Article 4;
Amendment 83 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Union response measures shall apply from a specified date after the adoption of the implementing act referred to in paragraph 1. The Commission shall set this date of application, taking into account the circumstances, to allow for the notification of the third country concerned pursuant to paragraph 3 and for it to cease the economic coercion and to repair the injury caused.
Amendment 84 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall, upon adoption of the implementing act, notify the third country concerned of the Union response measures adopted pursuant to paragraph 1. In the notification, the Commission shall, on behalf of the Union, call on the third country concerned to promptly cease the economic coercion, offer to negotiate a solution and the reparation of the injury caused by it to the Union and its Member States, and inform the third country concerned that the Union response measure will apply, unless the economic coercion ceases.
Amendment 88 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The implementing act referred to in paragraph 1 shall state that the application of the Union response measures shall be deferred for a period specified in that implementing act, where the Commission has credible information that the third country has ceased the economic coercion before the start of application of the adopted Union response measures. In that event, the Commission shall publish a notice in the Official Journal of the European Union indicating that there is such information and the date from which the deferral shall apply. If the third country ceases the economic coercion before the Union response measures start to apply, the Commission shall terminate the Union response measures in accordance with Article 10 making sure that the injury caused by the economic coercion to the Union and its Member States has been repaired.
Amendment 89 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. On duly justified imperative grounds of urgency to avoid irreparable damage to the Union, its internal market or its Member States by the measures of economic coercion the Commission shall adopt immediately applicable implementing acts imposing Union response measures, in accordance with the procedure referred to in Article 15(3). The requirements set out in paragraphs 2 to 5 shall apply. Those acts shall remain in force for a period not exceeding three months.
Amendment 92 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 a (new)
Article 9 – paragraph 3 – subparagraph 1 a (new)
The Commission shall inform the European Parliament and the Council in designing the Union response measures.
Amendment 94 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the third country concerned suspends the economic coercion and where the injury caused to the Union and its Member States has been repaired, or where it is necessary in the Union’s interest, the Commission may suspend the application of the respective Union response measure for the duration of the third country’s suspension, or as long as necessary in light of the Union’s interest. The Commission shall suspend the Union response measures if the third country concerned has offered, and the Union has concluded, an agreement to submit the matter to binding international third-party adjudication and the third country is also suspending its measures of economic coercion as well as if the injury caused to the Union and its Member States by the economic coercion has been repaired. The Commission shall, by means of an implementing act, decide to suspend the Union response measure. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 95 #
Proposal for a regulation
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) where the economic coercion has ceased and the injury caused has been repaired;
Amendment 99 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The Commission shall take utmost account of the information gathered during the information gathering exercise. An analysis of the envisaged measures and their potential impacts shall accompany the draft implementing act when submitted to the committee in the context of the examination procedure referred to in Article 15(2).