47 Amendments of Nicolae ŞTEFĂNUȚĂ related to 2021/0402(COD)
Amendment 62 #
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 or threaten to 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 or threat thereof may include not only actions taken or actions threaten to be taken on, and having effects within, the territory of the third country, but also actions taken or threatened to be 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 as, among others, some extraterritorial effects of third county sanctions.
Amendment 68 #
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation aims to ensure an effective, efficient and swift Union response to economic coercion, including deterrence of economic coercion of the Union or a Member State and, in the last resort, countermeasures. This Regulation shall be complementary to other existing Union instruments and relations such as the Regulation (EU) 2021/167 of the European Parliament and of the Council1a and the review of the Blocking Statute 1b _________________ 1a Regulation (EU) 2021/167 of the European Parliament and of the Council of 10 February 2021 amending Regulation (EU) No 654/2014 concerning the exercise of the Union’s rights for the application and enforcement of international trade rules (OJ L 49, 12.2.2021, p. 1.). 1b Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, OJ L 309,29.11.1996, p. 1–6
Amendment 72 #
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, especially in the context of the Union internal market. 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 be achieved with greater effectiveness at Union level.
Amendment 78 #
(10) Any action undertaken by the Union on the basis of this Regulation should comply with the Union’s obligations under international law. IThe Union should continue to support the rules-based multilateral trading system, with the World Trade Organisation (WTO) at its core. Out of the WTO's framework, international law allows, under certain conditions, such as proportionality and prior notice, the imposition of countermeasures, that is to say of measures that would otherwise be contrary to the international obligations of an injured party vis-à-vis the country responsible for a breach of international law, and that are aimed at obtaining the cessation of the breach or reparation for it.10 Accordingly, response measures adopted under this Regulation should take the form of either measures adhering to the Union’s international obligations or measures constituting permitted countermeasures. Under international law, and in accordance with the principle of proportionality, they should not exceed a 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 Union’s rights and interests in question. In this respect, injury to the Union or a Member State is understood under international law to include injury to Union economic operators. _________________ 10 See Articles 22 and 49-53 of the Articles on Responsibility of States for Internationally Wrongful Acts, adopted by the United Nations’ International Law Commission at its fifty-third session, in 2001, and taken note of by the United Nations General Assembly in resolution 56/83.
Amendment 85 #
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, the European Parliament 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 and a request, where appropriate, that any injury be repaired.
Amendment 90 #
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; the effectiveness of the measures in repairing the injury caused by the economic coercion; 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. 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 93 #
Proposal for a regulation
Recital 18
Recital 18
(18) In pursuing the objective of obtaining the cessation of the measure of economic coercion and the reparation of the injury caused, Union response measures consisting of restrictions on foreign direct investment or on trade in services should only apply with regard to services supplied, or direct investments made, within the Union by one or more legal persons established in the Union which are owned or controlled by persons of the third country concerned where necessary to ensure the effectiveness of Union response measures and in particular to prevent their avoidance. The decision to impose any such restrictions will be duly justified in implementing acts adopted pursuant to this Regulation in the light of the criteria specified in this Regulation.
Amendment 98 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is important to ensure an effective 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 the reparation of the injury caused and on matters that may lead to the adoption of Union response measures under this Regulation.
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – 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, failure to act or threat thereof affecting trade or investment, 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, obtain the cessation and the reparation of the injury caused or have the third country desist from such actions, whilst permitting the Union, in the last resort, to counteract such actions.
Amendment 111 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Amendment 116 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Regulation applies in the event of economic coercion, where a third country:
Amendment 117 #
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 some extraterritorial effects of third countries' sanctions;
Amendment 122 #
Proposal for a regulation
Article 2 – paragraph 1 – indent 2
Article 2 – paragraph 1 – indent 2
— by applying, failing to adopt or threatening to apply measures affecting trade or investment.
Amendment 124 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Amendment 125 #
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. In determining economic coercion and whether the conditions set out in paragraph 1 are met, the followingCommission shall be taken into account the following:
Amendment 127 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) the intensity, severity, frequency, duration, breadth and magnitude of the third country’s measure and, failure to act or threat thereof as well as the pressure arising from it;
Amendment 128 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) the extent to which the third- country measure, failure to act or threat thereof encroaches upon an area of the Union’s or Member States’ sovereignty;
Amendment 131 #
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) whether the third country is acting based on a legitimate concern that is internationally recognisedwell defined and recognised as legitimate by international law and conventions ;
Amendment 134 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission may examine any measure of a third country, failure to act and threat thereof in order to determine whether it meets the conditions set out in Article 2(1). The Commission shall act expeditiously.
Amendment 136 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. The Council or the European Parliament may oblige the Commission, with a duly justified complaint, to examine any measure of a third country, failure to act and threat thereof in order to determine whether it meets the conditions set out in Article 2(1). The Commission shall act expeditiously
Amendment 138 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission mayshall carry out the examination referred to in paragraph 1 on its own initiative or following information received from any sourcereliable source, notably a Member State, the European Parliament, economic operators or trade unions. The Commission shall ensure the protection of confidential information in line with Article 12, which may include the identity of the supplier of the information.
Amendment 141 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
The Commission mayshall duly and in a timely manner inform the European Parliament and the Council of any development in the examination of third country measures. It shall 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 which shall not exceed 4 months. In that event, the Commission shall notify the third country concerned of the initiation of the examination.
Amendment 149 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Prior to adopting its decision, the Commission may invite the third country concerned to submit its observations within a reasonable and specified time limit that shall not unduly delay the Commission's decision.
Amendment 151 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Where the Commission decides that the measure of the third country concerned meets the conditions set out in Article 2(1), it shall notify the third country concerned of its decision and request it to cease the economic coercion and, where appropriate, repair the injury suffered by the Union or its Member States within a reasonable and specified period of time.
Amendment 157 #
Proposal for a regulation
Article 5 – paragraph 1 – indent 3
Article 5 – paragraph 1 – indent 3
— submitting, in parallel, the matter to international adjudication, without implying any undue delay in the Commission's decision.
Amendment 162 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
The Commission shall keep the European Parliament and the Council fully, regularly and in timely manner informed of relevantall the developments.
Amendment 170 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Commission shall adopt an implementing act determining that it shall taketaking a Union response measure where:
Amendment 172 #
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 athe reasonable period of time set in the decision referred to in Article 4;
Amendment 180 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
In the implementing act, the Commission shall also determine the appropriate Union response from among the measures provided for in Annex I. Such measures may also apply with regard to natural or legal persons designated in accordance with Article 8. The Commission may also adopt measures which it can take pursuant to other legal instruments. , notably the Blocking Statute 1a . _________________ 1a Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, OJ L 309,29.11.1996, p. 1–6
Amendment 187 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Union response measures shall apply from a specified date after the adoption of the implementing act referred to in paragraph 1. The Commission shall set this date of application, taking into account the circumstances, to allow for the notification of the third country concerned pursuant to paragraph 3 and for it to cease the economic coercion and to repair the injury caused.
Amendment 191 #
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 the reparation of the injury caused by it to the Union and its Member States, and inform the third country concerned that the Union response measure will apply, unless the economic coercion ceases.
Amendment 192 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The implementing act referred to in paragraph 1 shall state that the application of the Union response measures shall be deferred for a period specified in that implementing act, where the Commission has credible information that the third country has ceased the economic coercion before the start of application of the adopted Union response measures. In that event, the Commission shall publish a notice in the Official Journal of the European Union indicating that there is such information and the date from which the deferral shall apply. If the third country ceases the economic coercion before the Union response measures start to apply, the Commission shall terminate the Union response measures in accordance with Article 10 making sure that the injury caused by the economic coercion to the Union and its Member States has been repaired.
Amendment 200 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. On duly justified imperative grounds of urgency to avoid irreparable damage to the Union, its internal market, or its Member States by the measures of economic coercion the Commission shall adopt immediately applicable implementing acts imposing Union response measures, in accordance with the procedure referred to in Article 15(3). The requirements set out in paragraphs 2 to 5 shall apply. Those acts shall remain in force for a period not exceeding three months.
Amendment 206 #
Proposal for a regulation
Article 7 – paragraph 7 – point b
Article 7 – paragraph 7 – point b
(b) provide as effective or more effective relief to the internal market and the economic operators within the Union affected by the measures of economic coercion, including via internal measures such as an ad hoc compensation fund for those economic operators;
Amendment 217 #
Proposal for a regulation
Article 9 – paragraph 2 – point a a (new)
Article 9 – paragraph 2 – point a a (new)
(aa) the effectiveness of the measures in the reparation of the injury caused to the Union and its Member States;
Amendment 218 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the potential of the measures to provide relief to economic operators within the Union internal market affected by the economic coercion;
Amendment 226 #
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The Commission may decide to apply Union response measures under Articles 7 or 8 consisting of restrictions on foreign direct investment or on trade in services also with regard to services supplied, or direct investments made, within the Union by one or more legal persons established in the Union and owned or controlled by persons of the third country concerned where necessary to achieve the objectives of this Regulation. The Commission may decide on such application where Union response measures not covering such situations would be insufficient to effectively achieve the objectives of this Regulation, in particular where such measures could be avoided or circumvented. In assessing whether to adopt such a decision the Commission shall consider, in addition to the criteria in paragraphs 1 and 2, amongst other things:
Amendment 228 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 a (new)
Article 9 – paragraph 3 – subparagraph 1 a (new)
The Commission shall inform the European Parliament and the Council in designing the Union response measures.
Amendment 231 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the third country concerned suspends the economic coercion, or and where it is necessary in the Union’s interestthe injury caused to the Union and its Member States has been repaired, the Commission may suspend the application of the respective Union response measure for the duration of the third country’s suspension, or as long as necessary in light ofif it is in the Union’s interest. The Commission shall suspend the Union response measures if the third country concerned has offered, and the Union has concluded, an agreement to submit the matter to binding international third-party adjudication and if the third country is also suspending its measures of economic coercion as well as if the injury caused to the Union and its Member States by the economic coercion has been repaired. The Commission shall, by means of an implementing act, decide to suspend the Union response measure. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 236 #
Proposal for a regulation
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) where the economic coercion has ceased and the injury caused has been repaired;
Amendment 248 #
Proposal for a regulation
Article 11 – paragraph 4 – point d
Article 11 – paragraph 4 – point d
Amendment 250 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The Commission shall take utmost account of the information gathered during the information gathering exercise. An analysis of the envisaged measures and their potential impacts shall accompany the draft implementing act when submitted to the committee in the context of the examination procedure referred to in Article 15(2).
Amendment 252 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Prior to the adoption of an implementing act in accordance with Article 7(6) or Article 10(5), the Commission shall seek information and views from relevant stakeholders in a targeted manner, unless the, especially the economic operators affected by the economic coercion, unless the exceptional situation of imperative grounds of urgency are such that information seeking and consultations are not possible or not needed for objective reasons, for instance to ensure compliance with international obligations of the Union.
Amendment 263 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. No later than three years after the adoption of the first implementing act under this Regulation or six years after the entry into force of this Regulation, whichever is earlier, the Commission shall review this Regulation and its implementation and shall report toentry into force of this Regulation, the Commission shall review this Regulation and its implementation, in ensuring complementarity with the review of the Blocking Statute1a and the review of the Enforcement Regulation1b, and shall report to the European Parliament and the Council, notably in the relevant reporting of the Chief Trade Enforcement Officer. _________________ 1a Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, OJ L 309,29.11.1996, p. 1–6 1b Regulation (EU) 2021/167 of the European Parliament and of the Council. of 10 February 2021 amending Regulation (EU) No 654/2014 concerning the exercise of the Union’s rights for the application and enforcement of international trade rules (OJ L 49, 12.2.2021, p. 1.)
Amendment 270 #
Proposal for a regulation
Annex I – paragraph 1 – point j a (new)
Annex I – paragraph 1 – point j a (new)
(ja) the suspension of applicable international obligations with respect to the treatment of goods, as necessary, and the imposition of restrictions on the approval of motor vehicles and equipments and parts thereof under the motor vehicles legislation of the Union;
Amendment 271 #
Proposal for a regulation
Annex I – paragraph 1 – point j b (new)
Annex I – paragraph 1 – point j b (new)
(jb) the suspension applicable international obligations with respect to the treatment of goods, as necessary, and the imposition of restrictions on the certification of aircrafts, equipments and parts thereof under the aviation legislation of the Union;
Amendment 272 #
Proposal for a regulation
Annex I – paragraph 1 – point j c (new)
Annex I – paragraph 1 – point j c (new)
(jc) the suspension applicable international obligations with respect to the treatment of goods, as necessary, and the imposition of restrictions on the certification of railway vehicles, products and parts thereof under the railway legislation of the Union;