BETA

16 Amendments of Daniel CASPARY related to 2010/0197(COD)

Proposal for a regulation
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 investment ~~should~~will be maintained in force.

2011/01/21
Committee: INTA

Proposal for a regulation
Recital 8

(8) As the authorisation to maintain, amend or conclude agreements covered by this Regulation is granted in an area of exclusive Union competence, it must be regarded as a~~n excep~~ transitional 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.

2011/01/21
Committee: INTA

Proposal for a regulation
Recital 10

(10) The Commission should be able to withdraw the authorisation if 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. The authorisation may also be withdrawn if an agreement of the Union in force with a third country contains investment provisions similar to those of a Member State agreement. In order to ensure that agreements 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to investment, including in particular of autonomous measures of common commercial policy, authorisation may be withdrawn. Finally, should the Council not take a decision on the authorisation to open negotiations concerning 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.deleted

2011/01/21
Committee: INTA

Proposal for a regulation
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 discontinue 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 investment, or otherwise terminated, bilateral agreements concluded by Member States with third countries remain binding on the parties under public international law.

2011/01/21
Committee: INTA

Proposal for a regulation
Article 1

This Regulation declares the maintenance in force of existing and concluded bilateral agreements with third countries relating to investment as well as establishes the terms, conditions and the procedure under which Member States are authorised to ~~maintain in force,~~ amend or conclude ~~bilateral~~such agreements ~~with third countries relating to investment~~. This procedure is without prejudice to the respective competencies of the European Union and of the Member States.

2011/01/21
Committee: INTA

Proposal for a regulation
Article 5 – paragraph 1 – point c

~~(c) constitute an obstacle to the development and the implementation of the Union's policies relating to investment, including in particular the common commercial policy.~~deleted

2011/01/21
Committee: INTA

Proposal for a regulation
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 1~~.

2011/01/21
Committee: INTA

Proposal for a regulation
Article 5 – paragraph 4

4. Where the report referred to in paragraph 3 recommends to discontinue the application of the provisions of this Chapter or to modify these provisions, it shall be accompanied by an appropriate legislative proposal.deleted

2011/01/21
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 1 – point a

~~(a) 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, or~~deleted

2011/01/21
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 1 – point b

~~(b) an agreement overlaps, in part or in full, with an agreement of the Union in force with that third country and this specific overlap is not addressed in the latter agreement, or~~deleted

2011/01/21
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 1 – point c

~~(c) an agreement constitutes an obstacle to the development and the implementation of the Union's policies relating to investment, including in particular the common commercial policy, or~~deleted

2011/01/21
Committee: INTA

Proposal for a regulation
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. Consultations shall take place between the Commission and the Member State concerned.deleted

2011/01/21
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 3

3. Where the consultations referred to in paragraph 2 fail to resolve the matter, the Commission shall withdraw the authorisation for the agreement concerned. The Commission shall take a decision on the withdrawal of the authorisation in accordance with the procedure referred to in Article 15(2). It shall include a requirement that the Member State takes appropriate action, and where necessary terminate the relevant agreement.deleted

2011/01/21
Committee: INTA

Proposal for a regulation
Article 9 – paragraph 1 – point c

~~(c) constitute an obstacle to the development and the implementation of the Union's policies relating to investment, including in particular the common commercial policy.~~deleted

2011/01/21
Committee: INTA

Proposal for a regulation
Article 12 – paragraph 2

~~2. The report referred to in paragraph 1 shall include an overview of authorisations requested and granted under this Chapter.~~deleted

2011/01/21
Committee: INTA

Proposal for a regulation
Article 12 – paragraph 3

3. Where the report referred to in paragraph 1 recommends to discontinue the application of this Chapter or to modify the provisions of this Chapter, it shall be accompanied by an appropriate legislative proposal.deleted

2011/01/21
Committee: INTA