21 Amendments of Jörgen WARBORN related to 2021/0402(COD)
Amendment 76 #
Proposal for a regulation
Recital 9
Recital 9
(9) In accordance with the principle of proportionality, it is necessary and appropriate, for creating an effective and comprehensive framework for Union action against economic coercion, to lay down rules on the examination, determination and counteraction with regard to third countries’ measures of economic coercion. In particular, the Union’s response measures should be preceded by an examination of the facts, a determination of the existence of economic coercion, and, wherever possible, efforts to find a solution in cooperation with the third country concerned. Any measures imposed by the Union should be commensurate with the injury caused by the third countries’ measures of economic coercion. The criteria for defining the Union response measures should take into account in particular the need to avoid or minimise collateral effects, administrative burdens and costs imposed on Union economic operators as well as the Union’s interest. Any Union response measures should primarily take into account their likelihood and ability to induce the third country to cease the coercive measures. Therefore, this Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) of the Treaty on European Union.
Amendment 82 #
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 publicly communicate any affirmative determinationthe result of this examination. In the case of an affirmative determination, the Commission should communicate 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 92 #
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: first and foremost, the effectiveness of the measures in inducing the cessation of coercion by the third country; 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 100 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is important to ensure an effective and regular 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 on matters that may lead to the adoption of Union response measures under this Regulation.
Amendment 101 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to allow the update of the range of Union response measures under this Regulation and the adjustment of the rules of origin or of other technical rules, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend the list of Union responses set out in Annex I and technical rules necessary for the application of the Regulation, including rules of origin laid down in Annex II. It is of particular importance that the CommissionThe list of measures should be limited to avoid escalation and that the legislation could be used as a weapon in trade conflicts. It is of particular importance that the Commission analyse if any additional types of measures should remain outside the realm of this instrument and carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making.12 The list of measures must be clear and transparent so the Regulation does not cause more uncertainty for businesses than absolutely necessary. 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. _________________ 12 OJ L 123, 12.5.2016, p. 1.
Amendment 104 #
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should evaluate measures adopted under this Regulation as to their effectiveness and operation and as to possible conclusions for future measures. The Commission should also review this Regulation after gaining sufficient experience with the existence or application of this Regulation., as well as to take account of the review of the Blocking Statute.1a This review should cover the scope, functioning, efficiency and effectiveness of this Regulation. The Commission should report on its assessment to the European Parliament and the Council, _________________ 1a Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, OJ L 309,29.11.1996, p. 1–6
Amendment 143 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
The Commission mayshall publish a notice in the Official Journal of the European Union or through other suitable public communication means withof the launch of an examination procedure and may include an invitation to submit information within a specified time limit. In that event, the Commission shall notify the third country concerned of the initiation of the examination.
Amendment 147 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The Commission shall publish a notice in the Official Journal of the European Union or through other suitable public communication means of the decision of an examination in accordance with Article 3.
Amendment 154 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The Commission shall be open toproactively engage on behalf of the Union with the third country concerned, to explore options with a view to obtaining the cessation of the economic coercion. Such options may include:
Amendment 166 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
The Commission shall enter into consultations or cooperation, on behalf of the Union, with any other country affected by the same or similar measures of economic coercion or with any interested third country, with a view to obtaining the cessation of the coercion. This may involve, where appropriate, coordination in relevant international fora and coordination in response to the coercion. The Regulation must comply with Union law, the WTO and be consistent with commitments made under other trade and investment agreements to which the Union or the Member States are parties. This Regulation is conceived as an autonomous instrument in the absence of progress within the multilateral fora such as the WTO. In order to encourage the development of multilateral ways to address economic coercion, it is necessary to enable a third-country dialogue and prioritise a global, open and rule-based trading system.
Amendment 186 #
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, as well as to allow sufficient time for business to adequately prepare for any anticipated effects.
Amendment 194 #
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 haswill 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.
Amendment 197 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 204 #
Proposal for a regulation
Article 7 – paragraph 7 – introductory part
Article 7 – paragraph 7 – introductory part
7. The Commission is empowered to adopt delegated acts in accordance with Article 14 to amend the list provided for in Annex I in order to provide additional types of measures to respond to a third country’s measure. The list of measures should be limited to avoid escalation and that the legislation could be used as a weapon in trade conflicts. The Commission should analyse if any additional types of measures should remain outside the realm of this instrument; the list of measures must be clear and transparent so the Regulation does not cause more uncertainty for businesses than absolutely necessary. The Commission may adopt such delegated acts where the types of response measures would:
Amendment 210 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
Amendment 220 #
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) the avoidance or minimisation of negative impacts on affected actors by Union response measures, including the availability and cost differentiation of alternatives for affected actors, for example alternative sources of supply for goods or services;
Amendment 230 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall keep under review the measures of economic coercion deployed by a third country that have triggered the Union response measures, the effectiveness of the Union response measures adopted and their effects on the Union’s interests and shall regularly keep the European Parliament and the Council informed thereof.
Amendment 241 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. A Member State or the European Parliament may request the Commission to amend, suspend, or terminate a Union response measure after 18 months of its application. The Commission shall respond to requests within six months and provide a justification for its decision.
Amendment 268 #
Proposal for a regulation
Annex I – paragraph 1 – point h
Annex I – paragraph 1 – point h
Amendment 269 #
Proposal for a regulation
Annex I – paragraph 1 – point j
Annex I – paragraph 1 – point j
Amendment 273 #
Proposal for a regulation
Annex I – paragraph 1 – point k
Annex I – paragraph 1 – point k