Activities of Emmanuel MAUREL 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 (14)
Amendment 20 #
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 economic activities in the Union. Such measures also include the adoption by a third country of any laws with extraterritorial application that undermine the interests of European Union economic operators complying with their international obligations.
Amendment 26 #
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 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 during a reasonable period not exceeding three months 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 to avoid or minimise collateral effects, administrative burdens and costs imposed on Union economic operators 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 28 #
Proposal for a regulation
Recital 11
Recital 11
(11) Coercion is prohibited under international law when a country deploys measures such as trade or investment restrictions, or the adoption of laws with extraterritorial application that undermine the interests of European Union economic operators complying with their international obligations, in order to obtain from another country an action or inaction which that country is not internationally obliged to perform and which falls within its sovereignty, when the coercion reaches a certain qualitative or quantitative threshold, depending on both the ends pursued and the means deployed. The Commission should examine the third- country action on the basis of qualitative and quantitative criteria that help in determining whether the third country interferes in the legitimate sovereign choices of the Union or a Member State and whether its action constitutes economic coercion which requires a Union response.
Amendment 33 #
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, within a period not exceeding six months after determination of the existence of economic coercion by a third country, 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 41 #
Proposal for a regulation
Article premier – paragraph 1
Article premier – 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 where a third country seeks, through measures affecting trade or investment, including through the adoption by a third country of laws with extraterritorial application that undermine the interests of European Union economic operators complying with their international obligations, to coerce the Union or a Member State into adopting or refraining from adopting a particular act. 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 47 #
Proposal for a regulation
Article 2 – paragraph 1 – indent 1
Article 2 – paragraph 1 – indent 1
— interferes 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, including through the adoption by a third country of laws with extraterritorial application that undermine the interests of European Union economic operators complying with their international obligations
Amendment 60 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission may 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. within a period not exceeding three months.
Amendment 75 #
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 developmentsall stages of the procedure.
Amendment 79 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) action pursuant to the Articles 4 and 5 has not resulted in the cessation of the economic coercion and reparation of the injury it has caused to the Union or a Member State within a reasonable period of time not exceeding six months after determination of the existence of economic coercion by a third party;
Amendment 82 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) action is in the Union’'s interest or that of one of its Member States.
Amendment 87 #
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 promptimmediately 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.
Amendment 96 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. In conducting the information gathering under paragraph 1, the Commission shall inform and consult stakeholders, in particular industry associations and trade unions, affected by possible Union response measures, and Member States involved in the preparation or implementation of legislation regulating the affected fields.
Amendment 97 #
Proposal for a regulation
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) the impact of such measures on third-country actors or Union competitors, users or consumers or on Union employees, trade unions, business partners or clients of such actors;
Amendment 101 #
Proposal for a regulation
Annex I – paragraph 1 – point l a (new)
Annex I – paragraph 1 – point l a (new)
(la) the imposition of restrictions on investment by European Union economic operators in the third country.