25 Amendments of Miriam LEXMANN related to 2021/0406(COD)
Amendment 17 #
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, especially non- democratic regimes, with enhanced, including hybrid, direct or indirect, means to deploy such coercion. It is desirable that the Union contribute to the creation, development and clarification of international frameworks for the prevention and elimination of situations of economic coercion.
Amendment 19 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Non-democratic regimes, such as the Russian Federation, the People's Republic of China or the Islamic Republic of Iran, continue to undermine the international rules-based order, threaten the Union's and the Member States' democratic governance and security, and degrade our economic competitiveness.
Amendment 22 #
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, including its governmental and judicial actions and decisions, by seeking, directly or indirectly, 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 economic activities in the Union.
Amendment 23 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) The economic coercion by the People's Republic of China against Lithuania, a Member State of the Union, undermines the basic principles of the Union's Single Market and requires joint response.
Amendment 24 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6 b) The People's Republic of China's economic coercion against Union candidate and potential candidate countries undermines the Union's enlargement policies and the success of democratic and economic reforms in countries aspiring to become Member States of the Union. China's investments and loans in the Western Balkan countries, especially the 1 billion euro loan taken by the Montenegrin government for the construction of the Bar-Boljare highway, increase the countries' vulnerability to foreign interference and place a burden on their public finances.
Amendment 25 #
Proposal for a regulation
Recital 8
Recital 8
(8) The objectives of this Regulation, in particular counteracting third countries’ economic coercion of the Union or a Member State, cannot be sufficiently achieved by Member States acting on their own. This is because Member States as distinct actors under international law may not be entitled under international law to respond to economic coercion directed against the Union. Additionally, because of the exclusive competence conferred on the Union by Article 207 of the Treaty on the Functioning of the European Union, Member States are prevented from taking common commercial policy measures as a response to economic coercion. Therefore, those objectives can bare achieved with greater effectiveness at Union level, and in the spirit of unity and solidarity.
Amendment 30 #
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 or a Member State. Following this examination, the Commission should determine in a decision whether the third-country measure is coercive. The Commission should communicate any affirmative determination to the third country concerned, together with a request that the economic coercion cease within a period of no more than 90 days and a request, where appropriate, that any injury be repaired.
Amendment 32 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Union should support and cooperate with third countries affected by the same or similar measures of economic coercion or other interested third countries, in particular, like minded democratic partners. The Union should participate in international coordination in bilateral, plurilateral or multilateral fora that are geared towards the prevention or elimination of the economic coercion.
Amendment 34 #
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 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 35 #
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; and strategic communication of Union's actions to ensure that they are not misrepresented or manipulated by third country through misinformation, disinformation or propaganda. 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 39 #
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 49 #
— interferes in the legitimate sovereign choices of the Union or a Member State, including its governmental and judicial actions and decisions, by seeking to prevent or obtain the cessation, modification or adoption of a particular act by the Union or a Member State
Amendment 50 #
Proposal for a regulation
Article 2 – paragraph 1 – indent 2
Article 2 – paragraph 1 – indent 2
— by applying or threatening to apply measures affectingundermining the economic security, trade or, investment. or competitiveness
Amendment 52 #
Proposal for a regulation
Article 2 – paragraph 1 – indent 2 a (new)
Article 2 – paragraph 1 – indent 2 a (new)
- circumvents or assists another third country to circumvent restrictive measures imposed by the Union
Amendment 55 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) whether the third country is engaging in a pattern of interference seeking to obtain from the Union or from Member States or other countries particular acts, or to hinder the Union's or the Member States' capacity to act;
Amendment 56 #
Proposal for a regulation
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(b a) the broader context, including, whether the third country's coercive measures are part of a wider pattern of behaviour that undermine the Union or Member States' interests, security, or capacity to act;
Amendment 62 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission mayshall examine any measure of a third country in order to determine whether it meets the conditions set out in Article 2(1). The Commission shall act expeditiously.
Amendment 64 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. The Commission shall use the Single Entry Point to allow all Union stakeholders to submit information concerning measures taken by a third country.
Amendment 67 #
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 with 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 74 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
The Commission shall keep the European Parliament and the Council regularly informed of relevant developments.
Amendment 77 #
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 mayshould involve, where appropriate, coordination in relevant international fora and coordination with like-minded democratic partners in response to the coercion.
Amendment 81 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) action is necessary to protect the security, interests and rights of the Union and its Member States in that particular case, and
Amendment 85 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall, upon adoption of the implementing act, notify the third country concerned of the Union response measures adopted pursuant to paragraph 1. In the notification, the Commission shall, on behalf of the Union, call on the third country concerned to promptly cease the economic coercion, offer to negotiate a solution, and inform the third country concerned that the Union response measure will apply, unless the economic coercion ceases within a period of up to no more than 90 days.
Amendment 91 #
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 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, as well as the impact of the measures on the Union or a Member State.
Amendment 93 #
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 keep the European Parliament and the Council regularly informed thereof.