Activities of Arba KOKALARI 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 (16)
Amendment 33 #
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. For this purpose, it is essential to strengthen resilience of the single market, diversify trade relations and boost European competitiveness. It is also desirable that the Union contribute to the creation, development and clarification of international frameworks for the prevention and elimination of situations of grave economic coercion through a deterring instrument that complements existing Union instruments.
Amendment 38 #
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 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 may include not only actions taken on, and having effects within, the territory of the third country, but also actions taken by the third country, including through entities controlled or directed by the third country and present in the Union, that cause harm to the functioning of the internal market or economic activities in the Union.
Amendment 42 #
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, credible 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 for certainty and to avoid or minimise collateral effects, administrative burdens and costs imposed on Union economic operators and impact of the internal market as well as the Union’s interest. 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 47 #
Proposal for a regulation
Recital 15
Recital 15
(15) The Union should only impose countermeasures when other means such as negotiations, mediation or adjudication do not lead to the prompt and effective cessation of the economic coercion and to reparation of the injury it has caused to the Union or its Member States, and where action is necessary to protect the EU internal market, the interests and rights of the Union and its Member States and it is in the Union’s interest. It is appropriate that the Regulation sets out the applicable rules and procedures for the imposition and application of Union response measures and permits expeditious action where necessary to preserve the effectiveness of any Union response measures.
Amendment 48 #
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; 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, is proportionate and targeted to maximise the effectiveness of the measure and minimise its impact to Union economic operators. 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 52 #
Proposal for a regulation
Recital 20
Recital 20
(20) It is essential to provide for opportunities for stakeholder involvement, including businesses, for the purposes of adoption and amendment of Union response measures, and as relevant for the purposes of suspension and termination, in view of the potential impact on such stakeholders.
Amendment 55 #
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, its impact on trade, investments and the single market, and its added value in relation to existing tools. 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,
Amendment 64 #
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
Amendment 69 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission may carry out the examination referred to in paragraph 1 on its own initiative, at the request of a Member State or following information received from any other source. 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 82 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
The Commission shall keep the European Parliament and the Council informed of relevant developments without undue delay.
Amendment 87 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) action is commensurate, balanced and necessary to protect the interests and rights of the Union and its Member States in that particular case, and
Amendment 88 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) action is in the Union’s interest, taking into account the impact on the economy and the internal market.
Amendment 102 #
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 long- term predictability and the availability of alternatives for affected actors, for example alternative sources of supply for goods or services;
Amendment 107 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall keep under regular 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 whether the measures in place are commensurate to the economic coercion, and shall keep the European Parliament and the Council informed thereof.
Amendment 111 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. A Member State that has been subject to economic coercion shall have the right to request the Commission to review measures, if the Member State considers that the measures are no longer sufficient to counteract coercion or are no longer commensurate to the economic coercion imposed by the third country.
Amendment 128 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall evaluate any Union response measure adopted pursuant to Article 7 six months after its termination, taking into account stakeholder input and any other relevant information. The evaluation report shall examine the effectiveness and operation of the Union response measure, and draw possible conclusions for future measures. The Commission shall inform the European Parliament and the Council of its general conclusions.