13 Amendments of Geoffroy DIDIER related to 2021/0114(COD)
Amendment 87 #
Proposal for a regulation
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
(4) a foreign subsidy enabling an undertaking to submit an unduly advantageous tender, on the basis of which the undertaking would be awarded the public contract. (4a) a foreign subsidy in the form of export support measures such as export credit guarantees, breaching the OECD Arrangement on officially supported export credits; (4b) all foreign subsidy to beneficiaries active in sectors characterized by structural excess capacity; (4c) foreign subsidies to operators which have privileged and/or protected access to a significant non-EU market, especially if the non-EU market is the operator's domestic market;
Amendment 97 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
(2) Commitments or redressive measures shall fully and effectively remedy the distortion actually or potentially caused by the foreign subsidy in the internal market.
Amendment 98 #
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
(3) Commitments or redressive measures may consist of the following non-exhaustive list :
Amendment 99 #
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) reducing capacity or market presence notably by means of temporary market access restrictions, temporary restrictions in the supply of goods or services in the internal market where the related economic activity is distorted as a result of foreign subsidies, taking account of sectorial specificities;
Amendment 107 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
(5) If an undertaking offers commitmentsWhere the Commission accepts commitments offered by an undertaking which fully and effectively remedy the distortion on the internal market, the Commission may accept them and make themit shall make those commitments binding on the undertaking in a decision with commitments according to Article 9(3).
Amendment 111 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
(6) Where the undertaking concerned proposes to repay the foreign subsidy including an appropriate interest rate, the Commission shall accept such repayment as commitment ifonly where it can ascertain that the repayment is transparent and effectively and adequately remedies the distortive effects, while taking into account the risk of circumvention.
Amendment 112 #
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
(6a) The Commission shall thoroughly consult affected Union industries on the choice of redressive measures, taking account of sectoral specificities, and on the assessment of whether or not commitments should be accepted, and which commitments should be accepted.
Amendment 118 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) to enter any premises , land land means of transport of the undertaking concerned;
Amendment 130 #
(2) For the purpose of Article 28, a notifiable foreign financial contribution in an EU public procurement procedure shall be deemed to arise where the estimated value of that public procurement is equal or greater than EUR 2150 million. A notifiable foreign financial contribution in an EU public procurement procedure shall also be deemed to exist where the proposed supply, works or service referred to in Article 27 paragraph1, result in contracts which may affect security or public order in accordance with Article 4 paragraph 1 of the Regulation (EU) 2019/452 of the European parliament and of the Council of 19 March 2019, and where : (i) the acquired undertaking or at least one of the merging undertakings is established in the Union and generates an aggregate turnover in the Union of at least EUR 100 million and; (ii) the undertakings concerned received from third countries an aggregate financial contribution in the three calendar years prior to notification of more than EUR 50 million.
Amendment 153 #
Proposal for a regulation
Article 28 – paragraph 6 a (new)
Article 28 – paragraph 6 a (new)
(6a) For the purpose of this Regulation, the Commission shall establish a communication channel presenting strict confidentiality guarantees to receive comments from interested parties and Member states which suspect that an undertaking may have benefitted from foreign subsidies in the three years prior to the submission of the tender or request to participate in the public procurement procedure. The Commission shall duly take into account the information reported and may request information and the notification of the foreign financial contributions received by that undertaking in any public procurement procedure. In any case, the Commission shall inform in good time the Member States or the interested parties about its decision to initiate or not a preliminary investigation.
Amendment 178 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
(2) In addition, the Commission may impose by decision on the undertakings concerned fines not exceeding 1 % of their aggregate turnover in the preceding business year, or 3 % of their aggregate turnover in the preceding business year if they have failed to comply with a previous decision of the Commission in the last three years, where they intentionally or negligently supply incorrect or misleading information in a notification and declarations pursuant to Article 28 or supplement thereto;
Amendment 183 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
(3) The Commission may impose by decision on the undertakings concerned fines not exceeding 10 % of their aggregate turnover in the preceding business year or 15 % of their aggregate turnover in the preceding business year if they failed to comply with a previous decision of the Commission in the last three years, where they, intentionally or negligently, fail to notify a subsidy in accordance with Article 28 during the public procurement procedure.
Amendment 186 #
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)