36 Amendments of Svenja HAHN related to 2021/0406(COD)
Amendment 1 #
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 isFor 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 economic coercion through a deterring instrument that complements existing Union instruments. The use of economic coercion against the Union and the Member States has steadily increased.
Amendment 2 #
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 and ensure the proper functioning of the internal market. 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 3 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Coercive measures by a third country targeting a single Member State have negative repercussions on the proper functioning of the internal market, creating for instance disruptions in supply chains. Ensuring a well-functioning and resilient internal market plays a strategic role in this context as it could deter economic coercion by third countries. It is therefore of particular importance to set rules that preserve the internal market from negative interferences, as well as rules that preserve the EU capacity to make sovereign choices when considering Union measures in case of coercive measures by a third country.
Amendment 4 #
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation aims to ensure an effective, efficient and swift Union response to economic coercion, including deterrence of economic coercion of the Union or a Member State and, in the last resort, countermeasures. The conditions for activation of this instrument and for triggering specific measures should be clearly defined to avoid using this Regulation incorrectly, including to protect the Union’s industries from foreign competition.
Amendment 5 #
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 coercion and its impact on the Union, 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 legal certainty and to avoid or minimise collateral effects, administrative burdens and costs imposed on Union economic operators as well as the Union’s interest in order to safeguard the integrity and proper functioning of the internal market. 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 6 #
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. Such applicable rules should ensure that the Regulation does not hamper the Union’s openness and rules-based trade.
Amendment 7 #
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 8 #
Proposal for a regulation
Recital 19
Recital 19
(19) After the adoption of Union response measures, the Commission should continuously assess the situation in relation to the third-country measures of economic coercion, the effectiveness of the Union response measures and their effects, with a view to adjusting, suspending or terminating the response measures accordingly. It is therefore necessary to set out the rules and procedures for amending, suspending and terminating Union response measures and the situations in which these are appropriate. The Commission should keep the European Parliament and Council fully involved at every stage of the procedure by regularly reporting about the recent developments, the outcome of the review process on how effective the countermeasures are, as well as about the next steps it intends to take.
Amendment 9 #
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 10 #
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 on matters that may lead to the adoption of Union response measures under this Regulation. In general, the Commission should keep the European Parliament and the Council fully informed of ongoing developments at every stage of the procedure, from prior discussions to the notification of reaction measures.
Amendment 11 #
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should thoroughly 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 consistency with existing tools. This review should cover the scope, functioning, efficiency and effectiveness of this Regulation. The Commission should report regularly on its assessment to the European Parliament and the Council,
Amendment 12 #
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, to safeguard the integrity and proper functioning of the internal market where a third country seeks, through measures affecting trade or investment, to coerce the Union or a Member State into adopting or refraining from adopting a particular act. Such coercion needs to be countered in order to preserve the legislative prerogative of the Union and its Member States, the rule of law and the functioning of the internal market, as well as to prevent any possible distortions arising from coercive actions by a third country. This Regulation provides a framework for the Union to respond in such situations with the objective to deter, or have the third country desist from such actions, whilst permitting the Union, in the last resort, to counteract such actions.
Amendment 13 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Any action taken under this Regulation shall be consistent with the Union’s obligations under international law and conducted in the context of the principles and objectives of the Union’s external action and of the internal market.
Amendment 14 #
Proposal for a regulation
Article 2 – paragraph 1 – indent 2
Article 2 – paragraph 1 – indent 2
— by applying or threatening to apply measures affecting the internal market, trade or investment.
Amendment 15 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. the financial and economic damage to a Member State’s market or the internal market of the Union;
Amendment 16 #
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 or following information received from any other source. The Commission shall act when one or more Member States request such examination. The Commission shall act expeditiously and report to the European Parliament and the Council without delay about the outcome of its investigation and the next steps it intends to adopt, and ensure the protection of confidential information in line with Article 12, which may include the identity of the supplier of the information.
Amendment 17 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The Commission may seek information about the impact of the measures of the third country concerned, or act by directly assessing such impact on the internal market, if necessary.
Amendment 18 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
The Commission shall regularly inform the European Parliament and the Council of developments in the ongoing examination of third-country measures. It may 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 that shall not unduly delay the Commission’s decision. In that event, the Commission shall notify the third country concerned of the initiation of the examination.
Amendment 19 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Following an examination carried out in accordance with Article 3, the Commission shall adopt a decision determining whether the measure of the third country concerned meets the conditions set out in Article 2(1). The Commission shall act expeditiously and shall inform the European Parliament and the Council of that decision.
Amendment 20 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Prior to adopting its decision, the Commission mayshall invite the third country concerned to submit its observations, within a specified time limit that shall not unduly delay the Commission’s decision.
Amendment 21 #
Proposal for a regulation
Article 5 – paragraph 1 – indent 2
Article 5 – paragraph 1 – indent 2
— mediation, direct conciliation or through international entities, or good offices to assist the Union and the third country concerned in these efforts;
Amendment 22 #
The Commission shall keep the European Parliament, affected Member States and the Council fully informed of relevant developments, in a timely manner, of developments in the engagement with the third country concerned at all stages of the process and of the next steps to be taken.
Amendment 23 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) action is proportionate and necessary to protect the interests and rights of the Union and its Member States or to prevent disruption in the internal market in that particular case, and
Amendment 24 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
In the implementing act, the Commission shall also determine the appropriate Union response from among the measures provided for in Annex I. Such measures may also apply with regard to natural or legal persons designated in accordance with Article 8. The Commission may also adopt measures which it can take pursuant to other legal instruments. Such measures shall not violate international law.
Amendment 25 #
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 or its Member States or the internal market 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. Where the Commission intends to adopt immediately applicable implementing acts pursuant to the first subparagraph of this paragraph, it shall inform the European Parliament and the Council before the adoption of such acts.
Amendment 26 #
(b) provide as effective or more effective relief to economic operactors within the Union affected by the measures of economic coercion;
Amendment 27 #
Proposal for a regulation
Article 7 – paragraph 7 – point b a (new)
Article 7 – paragraph 7 – point b a (new)
(b a) provide as effective or more effective relief to the internal market remedying the impact of economic coercion;
Amendment 28 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Any Union response measure shall not exceed the level that is commensurate with the injury suffered by the Union, the internal market 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 rights in question.
Amendment 29 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The Commission shall select and design an appropriate response measure taking into account the determination made pursuant to Article 4, the criteria set out in Article 2(2) and the Union’s interest, on the basis of available information, including as collected pursuant to Article 11, and the following objective criteria:
Amendment 30 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the potential of the measures to provide relief to economic operathe internal market and its economic operators and other actors within the Union affected by the economic coercion;
Amendment 31 #
(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 32 #
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 shall keep the European Parliament and the Council informed thereof.
Amendment 33 #
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 effective in counteracting coercion imposed by the third country. The Commission shall have the discretion to act.
Amendment 34 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts suspending, amending or terminating Union response measures adopted in accordance with Article 7. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 15(3) and they shall remain in force for a period not exceeding two months. The Commission shall keep the European Parliament informed without delay about the decision and its justification.
Amendment 35 #
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 and the evaluation report shall be published.
Amendment 36 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. No later than threewo years after the adoption of the first implementing or act under this Regulation or sixfive years after the entry into force of this Regulation, whichever is earlier, and following this at least every five years the Commission shall review this Regulation and its implementation, accompanied where appropriate by relevant legislative proposals, and shall report to the European Parliament and the Council.