Activities of Robert STURDY related to 2010/0197(COD)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries PDF (138 KB) DOC (72 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries PDF (292 KB) DOC (366 KB)
Amendments (35)
Amendment 31 #
Proposal for a regulation
Recital 3
Recital 3
(3) At the time of the entry into force of the Treaty of Lisbon, Member States of the Union maintained a significant number of bilateral agreements with third countries relating to foreign direct investment (FDI). The Treaty does not contain any explicit transitional provisions for such agreements which have now come under exclusive Union competence. Furthermore, some of those agreements may include provisions affecting the common rules on capital movements laid down in Part Three Chapter 4 of Title IV of the Treaty.
Amendment 33 #
Proposal for a regulation
Recital 4
Recital 4
(4) Although bilateral agreements remain binding on the Member States under public international law and will be progressively replaced by future agreements of the Union relating to the same subject matter, the conditions for their continuing existence and their relationship with the Union's policies relating to foreign direct investment, including in particular the common commercial policy, require appropriate management and legal certainty. That relationship will develop further as the Union exercises its competence in common commercial policy.
Amendment 36 #
Proposal for a regulation
Recital 5
Recital 5
(5) In the interest of EU investors and their investments in third countries, and of Member States hosting foreign investors and investments, bilateral agreements that specify and guarantee the conditions of foreign direct investment should be maintained in force. remain binding on the parties under public international law and should be maintained in force, whereas the Commission shall take the necessary steps towards a progressive replacement of all existing agreements on direct investment with new agreements that must provide for at least the same level of investor protection.
Amendment 46 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation lays down the conditions under which Member States should be authorised to maintain in force or to permit to enter into force international agreements relating to foreign direct investment.
Amendment 47 #
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation lays down the conditions under which Member States are empowered to maintain, amend or conclude international agreements relating to foreign direct investment.
Amendment 54 #
Proposal for a regulation
Recital 8
Recital 8
(8) As the authorisation to maintain, amend or conclude foreign direct agreements covered by this Regulation is granted in an area of exclusive Union competence, it must be regarded as an exceptional measure. The authorisation is without prejudice to the application of Article 258 of the Treaty with respect to failures of Member States to fulfil obligations under the Treaties other than those concerning incompatibilities arising from the allocation of competences between the Union and its Member States.
Amendment 61 #
Proposal for a regulation
Recital 10
Recital 10
(10) The Commission should be able to withdraw the authorisation iof an agreement conflicts with the law of the Union other than the incompatibilities arising from the allocation of competence between the Union and its Member States foreign direct investment, if the Member State does not follow the obligation to renegotiate this existing agreement on request by the Commission. The authorisation mayshould also be withdrawn, if an agreement of the Union in forcMember State with a third country contains investment provisions similar to those of a Member State agreement. In order to ensure tdoes not comply with EU law and if the EU hats aglreements of Member States do not undermine the development and implementation of the Union's policies relating to investment, including in particular of autonomous measures of common commercial policy, authorisation may be withdrawady ratified an FDI agreement with the same third country negotiated by the Commission. Finally, should the Council not take a decision on the authorisation to open negotiations concerning foreign direct investment within one year of the submission of a recommendation by the Commission pursuant to Article 218(3) of the Treaty, the possibility would exist to withdraw the authorisation.
Amendment 65 #
Proposal for a regulation
Recital 11
Recital 11
(11) The authorisation to amend or conclude foreign direct agreements provided for by this Regulation notably allows Member States to address any incompatibilities between their international agreements relating to foreign direct investment and the law of the Union, other than incompatibilities arising from the allocation of competences between the Union and its Member States, which are addressed in this Regulation.
Amendment 69 #
Proposal for a regulation
Recital 12
Recital 12
(12) No later than five years after the entry into force of this Regulation, the Commission should present to the European Parliament and the Council a report on the application of Chapters II and III of this Regulation. This report should, inter alia, review the need for the continued application of these chapters. Where the report recommends to discontinueing the application of the provisions of these Chapters or where it would propose to modify these provisions, it should be accompanied by an appropriate legislative proposal. Unless replaced by an agreement of the Union concerning foreign direct investment, or otherwise terminated, bilateral foreign direct agreements concluded by Member States with third countries remain binding on the parties under public international law.
Amendment 74 #
Proposal for a regulation
Recital 13
Recital 13
(13) Agreements on foreign direct investment authorised under this Regulation or authorisations to open negotiations to amend an existing or to conclude a new bilateral agreement with a third country should not in any case be allowed to constitute an obstacle to the implementation of the Union's policies relating to foreign direct investment, in particular common commercial policy.
Amendment 76 #
Proposal for a regulation
Recital 15
Recital 15
(15) Agreements between Member States relating to foreign direct investment shouldare not be covered by this Regulation.
Amendment 88 #
Proposal for a regulation
Article 1
Article 1
This Regulation establishes the terms, conditions and the procedure under which Member States are authorised to maintain in force, amend or conclude bilateral agreements with third countries relating to foreign direct investment.
Amendment 92 #
Proposal for a regulation
Article 2
Article 2
Within thirty days from the entry into force of this Regulation, the Member States shall notify the Commission of all bilateral agreements with third countries relating to foreign direct investment concluded and/or signed before the entry into force of this Regulation that they either wish to maintain in force or permit to enter into force under this Chapter. The notification shall include a copy of those bilateral. The notification shall include a copy of those bilateral agreements. Member States shall also notify the Commission on future changes to the status of these agreements.
Amendment 102 #
Proposal for a regulation
Article 3
Article 3
Notwithstanding the Union's competences relating to foreign direct investment and without prejudice to other obligations of Member States under the law of the Union, Member States are authorised in accordance with Article 2(1) of the Treaty to maintain in force bilateral agreements relating to foreign direct investment that have been notified in accordance with Article 2 of this Regulation.
Amendment 107 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 115 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) constitute an obstacle to the development and the implementation of the Union's policies relating to foreign direct investment, including in particular the common commercial policy.
Amendment 124 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. No later than five years after the entry into force of this Regulation, the Commission shall present to the European Parliament and the Council a report on the application of this Chapter which shall review the need for the continued application of this chapter, based on the review referred to in paragraph 1Where the Commission concludes that an agreement breaches either paragraph 1(a) or 1(c) it shall call on the Member State concerned to renegotiate that agreement. If deemed appropriate, the Commission shall assist the Member State concerned in undertaking the necessary steps to comply with the requirement to renegotiate an existing agreement. If the Member State concerned undertakes the necessary steps but fails to conclude a new renegotiated agreement, the Commission shall undertake steps with a view to replacing the agreement concerned, by an agreement of the Union.
Amendment 141 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) an agreement conflicts with the law of the Union other than the incompatibilities arthe Member State concerned fails to take the necessary steps to renegotiate an existing from the allocation of competence between the Union and its Member Statesagreement on foreign direct investment, after it had been notified by the Commission, pursuant to Article 5(3), or
Amendment 145 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) an agreement overlaps, in part or in full, with an agreement of the Union in forcebetween a Member State and a third country does not comply with Union law and the Union has already ratified an agreement with thate same third country and this specific overlap is not addressnegotiated inby the latter agreementCommission, or
Amendment 150 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 155 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. When the Commission considers that there are grounds to withdraw the authorisation provided for in Article 3, it shall deliver a reasoned opinion to the Member State concerned on the necessary steps to be taken to comply with the requirements referred to in paragraph 1(a). Consultations shall take place between the Commission and the Member State concerned.
Amendment 159 #
Proposal for a regulation
Article 7
Article 7
Subject to the conditions laid down in Articles 8 to12, a Member State shall be authorised to enter into negotiations to amend an existing or to conclude a new agreement relating to foreign direct investment with a third country.
Amendment 162 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where a Member State intends to enter into negotiations in order to amend an existing or to conclude a new agreement with a third country relating to foreign direct investment, it shall notify the Commission of its intentions in writing.
Amendment 167 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The notification referred to in paragraph 1 shall be transmitted at least fivthree calendar months before formal negotiations are to commence with the third country concerned.
Amendment 173 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 179 #
Proposal for a regulation
Article 10
Article 10
The Commission shall be kept informed of the progress and results throughout the different stages of negotiations and may request to participate in the negotiations between the Member State and the third country concerning foreign direct investment.
Amendment 180 #
Proposal for a regulation
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. Upon notification, the Commission shall make an assessment as to whether the negotiated agreement does not:is in line with the requirements under Article 9(1) and (2), which have been communicated to the Member State by the Commission.
Amendment 182 #
Proposal for a regulation
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
Amendment 184 #
Proposal for a regulation
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
Amendment 187 #
Proposal for a regulation
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
Amendment 190 #
Proposal for a regulation
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
Amendment 193 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Decisions pursuant to paragraphs 4 and 5 shall be taken in accordance with the procedure referred to in Article 15(2). The Commission shall take the decision within 9060 working days of receipt of the notifications referred to in paragraphs 1 and 2. Where additional information is needed to take the decision, the 9060 working days shall run from the date of receipt of the additional information.
Amendment 195 #
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. Where the Commission decides to negotiate an agreement on foreign direct investment with a third country, it shall duly notify all Member States about its intention and the scope of the new agreement.
Amendment 204 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Conduct of the Member States with regard to agreements on foreign direct investment with a third country
Amendment 208 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. For all agreements falling within the scope of this Regulation, the Member State concerned shall seek the agreement of the Commission before activating any relevant mechanisms for dispute settlement against a third state included in the agreement and shall, where requested by the Commission, activate such mechanisms. Such mechanisms shall include consultations with the other party to the agreement and dispute settlement where provided for in the agreement. The Member State and the Commission shall fully cooperate in the conduct of procedures within the relevant mechanisms, which may include, where appropriate, that the Commission participates in the relevant procedures.