[ParlTrack]

Proposal for a regulation
Recital 5

(5) In the interest of EU investors and their investments inand third countries, ~~and of~~ Member States hosting foreign investors and investments, bilateral agreements that specify and guarantee the conditions of investment should be maintained in force and remain binding on the parties under public international law unless replaced by new agreements that provide for at least the same level of investor protection. This will be applied not only to BITs already in force but also to BITs concluded and/or signed by the time of the entering in to force of this Regulation.

2011/01/21
Committee: INTA

Emilio MENÉNDEZ del VALLE

Proposal for a regulation
Recital 6

(6) This Regulation lays down ~~the conditions under which Member States should be authorised to~~a notification procedure in order to provide transparency on all bilateral agreements of the Member States that are maintained in force ~~or to permit to enter into force international agreements relating to investment~~. The notification may be withdrawn by a Member State if the respective agreement is terminated.

2011/01/21
Committee: INTA

Emilio MENÉNDEZ del VALLE

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 The authorisation may also be withdrawn if an agreement of the Union in force with a third country contains investment provisions similar to those of a Member State agreement.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to investment, including in particular of autonomous measures of common commercial policy, authorisation may be withdrawn.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

Emilio MENÉNDEZ del VALLE

Proposal for a regulation
Recital 13

(13) A~~greements authorised under this Regulation or a~~uthorisations 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 investment~~, in particular common commercial policy~~.

2011/01/21
Committee: INTA

Emilio MENÉNDEZ del VALLE

Proposal for a regulation
Recital 17

(17) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission,deleted

2011/01/21
Committee: INTA

Emilio MENÉNDEZ del VALLE

Proposal for a regulation
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 investment. This procedure is without prejudice to the respective competencies of the European Union and of the Member States.

2011/01/21
Committee: INTA

Emilio MENÉNDEZ del VALLE

Proposal for a regulation
Chapter 2 – title

~~Authorisation to maintain~~Maintenance of agreements in force

2011/01/21
Committee: INTA

Emilio MENÉNDEZ del VALLE

Proposal for a regulation
Article 3

Authorisation to maintain agreements in force Notwithstanding the Union's competences relating to 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 investment that have been notified in accordance with Article 2 of this Regulation.rticle 3 deleted

2011/01/21
Committee: INTA

Emilio MENÉNDEZ del VALLE

Proposal for a regulation
Article 5 – paragraph 1

1. The Commission shall review the agreements notified pursuant to Article 2, including by assessing, in particular, whether the agreements: (a) conflict with the law of the Union other than the incompatibilities arising from the allocation of competences between the Union and its Member States, or (b) overlap, 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 (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

Emilio MENÉNDEZ del VALLE

Proposal for a regulation
Article 5 – paragraph 2

2. Consultation may take place between the Commission and the notifying Member State, either at the request of the Member State or on the initiative of the Commission, to facilitate the review referred to in paragraph 1.deleted

2011/01/21
Committee: INTA

Emilio MENÉNDEZ del VALLE

Proposal for a regulation
Article 6

Withdrawal of authorisation 1. The authorisation provided for in Article 3 may be withdrawn where: (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 (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 (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 (d) the Council has not taken a decision on the authorisation to open negotiations on an agreement which overlaps, in part or in full, with an agreement notified under Article 2, within one year of the submission of a recommendation by the Commission pursuant to Article 218(3) of the Treaty. 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. 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. 4. Where an authorisation is withdrawn, the Commission shall remove the agreement from the list referred to in Article 4.Article 6 deleted

2011/01/21
Committee: INTA

Emilio MENÉNDEZ del VALLE

Proposal for a regulation
Article 8 – paragraph 1

1. Where a Member State intends to enter into negotiations in order to amend an existing agreement or to conclude a new agreement falling with ain th~~ird country relating to investment~~e scope of this Regulation, it shall notify the Commission in writing of its intention~~s in writing~~ at the earliest possible moment before the opening of formal negotiations is envisaged.

2011/01/21
Committee: INTA

Emilio MENÉNDEZ del VALLE

Proposal for a regulation
Article 11 a (new)

Article 11a Refusal to authorise the conclusion of the agreement 1. If, on the basis of its assessment under Article 11(3), the Commission intends not to authorise the conclusion of the negotiated agreement, it shall give an opinion to the Member State concerned, within 90 days of receipt of the notification referred to in Article 11(1). 2. Within 30 days of receipt of the opinion of the Commission, the Member State concerned may request the Commission to enter into discussions with it with a view to finding a solution. 3. If the Member State concerned does not request the Commission to enter into discussions with it within the time limit provided for in paragraph 2, the Commission shall give a reasoned decision on the application of the Member State within 130 days of receipt of the notification referred to in Article 11(1). 4. In the event of the discussions referred to in paragraph 2, the Commission shall give a reasoned decision on the application of the Member State within 30 days of the closure of the discussions. 5. The Commission shall notify its decision to the Member State concerned within 30 days of the decision.

2011/01/21
Committee: INTA

Emilio MENÉNDEZ del VALLE

Proposal for a regulation
Article 15 – paragraph 1

1. The Commission shall be assisted by the ~~Advisor~~Trade Policy Committee ~~for the Management of Transitional Arrangements on International Investment Agreements~~on Services and Investment.

2011/01/21
Committee: INTA

Emilio MENÉNDEZ del VALLE

Proposal for a regulation
Article 15 – paragraph 2

~~2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.~~deleted

2011/01/21
Committee: INTA

15 Amendments of Emilio MENÉNDEZ del VALLE related to 2010/0197(COD)

ParlTrack - 2011-2024