54 Amendments of Carles PUIGDEMONT I CASAMAJÓ related to 2021/0114(COD)
Amendment 58 #
Proposal for a regulation
Recital 2
Recital 2
(2) At the same time, undertakings might receive subsidies from third countries, that provide public funds which are then used, for instance, to finance economic activities in the internal market in any sector of the economy, such as participation in public procurement tenders, or acquisitions of undertakings, including those with strategic assets such as critical infrastructure and innovative technologies. Such subsidies are currently not subject to Union State aid rules and, in the last decades, different third countries have increased this practice of giving out subsidies both with the objective to strengthen their respective national trading interests all over the world, as well as their geopolitical purposes.
Amendment 59 #
Proposal for a regulation
Recital 3
Recital 3
(3) FTherefore, foreign subsidies can distort the internal market and undermine the level playing field for various economic activities in the Union. This could in particular occur in the context of concentrations entailing a change of control over Union undertakings, where such concentrations are fully or partially financed through foreign subsidies, or if undertakings benefiting from foreign subsidies are awarded public contracts in the Union.
Amendment 62 #
Proposal for a regulation
Recital 5
Recital 5
(5) It is therefore necessary to complement existing Union instruments with a new tool to effectively deal with distortions in the internal market caused by foreign subsidies and ensure a level playing field and the Union's strategic autonomy. In particular, the new tool complements Union State aid rules which deal with distortions in the internal market caused by Member State subsidies.
Amendment 77 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) The Commission should also consider as a financial contribution any privileged access of an undertaking to its own domestic market, such as, but not only, exclusive rights of entry, or lower administrative barriers. The Commission should assess this type of financial contribution on a case-by-case basis.
Amendment 89 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) Furthermore, the Commission should also assess whether the undertaking that has received a financial contribution from its third country of origin has a history of other distortive practices, such as dumping, or a history of violations on human rights, especially when it refers to forced labour and child labour. This history should also be taken into account by the Commission as complementary indicators. The Parliament should flag it through its annual report on the implementation of the common commercial policy.
Amendment 102 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should have the power, on its own initiative, to examine any information on foreign subsidies. To this end, it is necessary to establish a procedure consisting of two steps, namely a preliminary review and an in-depth investigation. Additionally, the Commission should act upon information received from any relevant source, including Member States, regions, undertakings, whistle-blowers within foreign undertakings, and civil society organisations.
Amendment 112 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) The Parliament should be invited to the in-depth investigation, with the provision that the members invited will not disclose any information during such investigation.
Amendment 116 #
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should have appropriate instruments to ensure the effectiveness of commitments and redressive measures. If the undertaking concerned does not comply with a decision with commitments, a decision imposing redressive measures, or a decision ordering interim measures, the Commission should have the power to impose fines and periodic penalty payments. The Commission should inform the Parliament accordingly.
Amendment 117 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure the correct and effective application of this Regulation, the Commission should have the power to revoke a decision and adopt a new one, where the decision was based on incomplete, incorrect or misleading information, or where an undertaking acts contrary to its commitments or the redressive measures imposed. The Parliament should be duly informed of the whole procedure.
Amendment 124 #
Proposal for a regulation
Recital 31
Recital 31
(31) Below the notification thresholds, the Commission cshould require the notification of potentially subsidised concentrations that were not yet implemented or the notification of potentially subsidised bids prior to the award of a public contract, if it considers that the concentration or the bid would merit ex-ante review given their impact in the Union. The Commission should also have the possibility to carry out a review on its own initiative of already implemented concentrations or awarded public contracts.
Amendment 128 #
Proposal for a regulation
Recital 32
Recital 32
(32) When reviewing a concentration, the assessment of whether there is a distortion in the internal market should be limited to the concentration at stake, and only foreign subsidies granted in the three years prior to the concentration as well as future subsidies that the Commission has been able to know, that have been already decided by the third country's government and that will be effective within one year following the concentration, should be considered in the assessment of the Commission.
Amendment 136 #
Proposal for a regulation
Recital 34
Recital 34
(34) When a foreign financial contribution is notified in the context of a public procurement procedure, the assessment should be limited to that procedure, as well as to future subsidies that the Commission has been able to know, that have been already decided by the third country's government and that will be effective within one year following the concentration.
Amendment 152 #
Proposal for a regulation
Recital 47
Recital 47
(47) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in accordance with Article 291 of the Treaty. Those powers should be exercised to set out the form and content of notifications of concentrations as well as of financial contributions in the context of public procurement procedures, details of disclosure, form and content of transparency requirements, calculation of time-limits, conditions and time-limits for commitments and detailed rules on the procedural steps concerning investigations regarding public procurement procedures. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 as soon as this Regulation has entered into force.
Amendment 159 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure a level playing field on the internal market also in the long term, as well as the Union's strategic autonomy, with a view to ensuring adequate coverage of cases investigated both through notifications as well as ex officio, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amending the notification thresholds for concentrations and for public procurement procedures, exempting certain categories of undertakings from the notification obligations under this Regulation, as well as amending the time limits for the preliminary review and the in-depth investigations of notified concentrations or notified financial contributions in the context of a public procurement procedure, after the Parliament has been duly informed. In relation to financial contributions in the context of a public procurement procedure, the power to adopt such acts should be exercised in a way that takes into account the interests of SMEs. It is of particular importance that the Commission carries out appropriate consultations during the preparations of those acts, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making47 . 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' expertexperts from Member States and regions, as well as specialised civil society organisations, and theirse experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 47 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 161 #
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48 a) The Commission, taking into account the work undertaken by the Parliament and the Council, should evaluate the scope, functioning and effectiveness of this Regulation within three years after its entry into force. The Parliament could then ask a revision of this Regulation through its annual report on the implementation of the common commercial policy.
Amendment 190 #
Proposal for a regulation
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(b a) The Commission shall also consider as a financial contribution any privileged access of an undertaking to its own domestic market, such as, but not only, exclusive rights of entry, or lower administrative barriers. The Commission shall assess this type of financial contribution on a case-by-case basis.
Amendment 191 #
Proposal for a regulation
Article 2 – paragraph 2 – point b b (new)
Article 2 – paragraph 2 – point b b (new)
(b b) The Commission shall also assess whether the undertaking that has received a financial contribution from its third country of origin has a history of other distortive practices, such as dumping, or a history of violations on human rights, especially when it refers to forced labour and child labour. This history shall also be taken into account by the Commission as complementary indicators. The Parliament shall flag it through its annual report on the implementation of the common commercial policy.
Amendment 204 #
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(e a) a history of other distortive practices, such as dumping, or a history of violations on human rights, especially when it refers to forced labour and child labour.
Amendment 237 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) The Commission shall, where warranted, balance the negative effects of a foreign subsidy in terms of distortion on the internal market with positive effects on the development of the relevant economic activity. The Commission shall duly inform the Parliament and the Council.
Amendment 242 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) The Commission shall take into account the balancing between the negative and positive effects when deciding whether to impose redressive measures or to accept commitments, and the nature and level of those redressive measures or commitments. The Commission shall duly inform the Parliament and the Council.
Amendment 250 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
(1) To remedy the distortion on the internal market actually or potentially caused by a foreign subsidy, the Commission mayshall impose redressive measures. The undertaking concerned may alsoshall offer commitments.
Amendment 254 #
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
(3) Commitments or redressive measures mayshall consist of the following:
Amendment 261 #
Proposal for a regulation
Article 6 – paragraph 3 – point h a (new)
Article 6 – paragraph 3 – point h a (new)
(h a) commit to redress its history of other distortive practices, such as dumping, or its history of violations on human rights, especially when it refers to forced labour and child labour;
Amendment 264 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
(4) The Commission mayshall impose reporting, accountability and transparency requirements.
Amendment 267 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
(5) If an undertaking offers commitments which fully and effectively remedy the distortion on the internal market, the Commission mayshall accept them and make them binding on the undertaking in a decision with commitments according to Article 9(3).
Amendment 286 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Additionally, the Commission should act upon information received from any relevant source, including Member States, regions, undertakings, whistle-blowers within foreign undertakings, and civil society organisations.
Amendment 288 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
(1) The Commission shall seek all the information it considers necessary to assess, on a preliminary basis, whether the financial contribution under examination constitutes a foreign subsidy and whether it distorts the internal market. To that end, the Commission mayshall in particular:
Amendment 296 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
(2 a) The Parliament shall be invited to the in-depth investigation, with the provision that the Members of the European Parliament invited shall not disclose any information during such investigation.
Amendment 305 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
Amendment 306 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
The Commission mayshall take interim measures, where:
Amendment 321 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) The Commission mayshall require an undertaking concerned to provide all necessary information.
Amendment 322 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
(2) The Commission mayshall also request such information from other undertakings or associations of undertakings.
Amendment 327 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
(4) At the request of the Commission, Member States and, where applicable, regions shall provide it with all necessary information to carry out the duties assigned to it by this Regulation.
Amendment 330 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
(5) The Commission mayshall also request a third country concerned to provide all necessary information.
Amendment 334 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) The Commission mayshall conduct the necessary inspections of undertakings.
Amendment 343 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
(7) Upon request of the Commission, a Member State shall in its own territory carry out any inspection or other fact- finding measure under its national law in order to establish whether there is a foreign subsidy distorting the internal market. Where applicable, the Member State shall involve its regions.
Amendment 344 #
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
(7 a) The Commission shall duly inform the Parliament of the former's inspections of undertakings.
Amendment 346 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to carry out the duties assigned to it by this Regulation, the Commission mayshall conduct inspections in the territory of a third country, provided that the undertaking concerned has given its consent and the government of the third country has been officially notified and has agreed to the inspection. Article 12(1), (2), and (3) points (a) and (b) shall apply by analogy, after the Commission has duly informed the Parliament.
Amendment 349 #
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
(1) The Commission mayshall take a decision pursuant to Article 8 or Article 9 on the basis of the facts available, if an undertaking concerned or a third country:
Amendment 372 #
Proposal for a regulation
Article 18 – paragraph 3 – point a
Article 18 – paragraph 3 – point a
(a) 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 500 million or represents 10% of the sector revenue in a Member State; and
Amendment 377 #
Proposal for a regulation
Article 18 – paragraph 3 – point b
Article 18 – paragraph 3 – point b
(b) 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 or equal to 1% of the sector revenue in a Member State.
Amendment 395 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
(5) The Commission mayshall request the prior notification of any concentration which is not a notifiable concentration within the meaning of Article 18 at any time prior to its implementation where the Commission suspects that the undertakings concerned may have benefitted from foreign subsidies in the three years prior to the concentration. That concentration shall be deemed to be a notifiable concentration for the purposes of this Regulation.
Amendment 401 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
(3) The Commission mayshall, upon request, grant a derogation from the obligations laid down in paragraphs 1 or 2. The request to grant a derogation shall state the grounds for the derogation. In deciding on the request, the Commission shall take into account in particular the effects of the suspension on one or more undertakings concerned by the concentration or on a third party and the risk of a distortion on the internal market posed by the concentration. Such a derogation may be granted subject to certain conditions and obligations in order to ensure that there is no distortion on the internal market. A derogation may be applied for and granted at any time, either before notification or after the transaction.
Amendment 402 #
Proposal for a regulation
Article 23 – paragraph 6 – introductory part
Article 23 – paragraph 6 – introductory part
(6) The Commission mayshall adopt a decision pursuant to Article 24(3) without being bound by the time limits referred to in paragraphs 1 and 4, in cases where:
Amendment 403 #
Proposal for a regulation
Article 23 – paragraph 6 a (new)
Article 23 – paragraph 6 a (new)
(6 a) The Commission shall duly inform the Parliament regarding this decision.
Amendment 406 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
(2) The Commission mayshall initiate an in- depth investigation under Article 8(2) no later than 25 working days after receipt of the complete notification and duly inform the Parliament.
Amendment 408 #
Proposal for a regulation
Article 24 – paragraph 6 – introductory part
Article 24 – paragraph 6 – introductory part
(6) The Commission mayshall, where it finds that a concentration has already been implemented and that concentration has been found to distort the internal market pursuant to Articles 3 to 5 adopt one of the following measures:
Amendment 409 #
Proposal for a regulation
Article 24 – paragraph 6 – subparagraph 2
Article 24 – paragraph 6 – subparagraph 2
The Commission mayshall adopt any of the measures referred to in points (a) or (b) where it finds that a concentration has been implemented in breach of a decision taken pursuant to paragraph (3), point (a), which has found that, in the absence of the commitments, the concentration would fulfil the criterion laid down in paragraph 3, point (c).
Amendment 410 #
Proposal for a regulation
Article 24 – paragraph 7 – introductory part
Article 24 – paragraph 7 – introductory part
(7) The Commission mayshall order interim measures referred to in Article 10 also where:
Amendment 412 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
(1) The Commission may impose fines and periodic penalty payments as set out in Article 15 and shall duly inform the Parliament.
Amendment 470 #
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
(3 a) The Commission shall inform the Parliament regarding these decisions.
Amendment 488 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
(2) The Commission mayshall publish a report on the results of its market investigation into particular sectors, particular types of economic activity or particular subsidy instruments and invite comments from interested parties.
Amendment 489 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
(3) The Commission mayshall use the information obtained from such market investigations in the framework of procedures under this Regulation.
Amendment 526 #
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
The Commission, taking into account the work undertaken by the Parliament and the Council, shall evaluate the scope, functioning and effectiveness of this Regulation within three years after its entry into force. The Parliament may then ask a revision of this Regulation.