20 Amendments of Anna CAVAZZINI related to 2021/0406(COD)
Amendment 37 #
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 and ensure the proper functioning of the internal market. 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.
Amendment 39 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Coercive measures by a third country targeting a single Member State have negative repercussions on the proper functioning of the internal market, creating for instance disruptions in supply chains. Ensuring a well-functioning and resilient internal market plays in this context a strategic role. It is therefore of particular importance to set rules that preserve the internal market from negative interferences and ensure necessary solidarity among Member States, as well as rules that preserve the EU capacity to make sovereign choices and adopt public policies, when considering Union measures in case of coercive measures by a third country. Those aspects should be taken into account to establish whether the Union's interest calls for the adoption of measures to counter coercion.
Amendment 41 #
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 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 interesto safeguard the integrity and proper functioning of the internal market to prevent any disruption in supply chains. 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 45 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Commission should examine whether third-country measures are coercive, on its own initiative, upon request of the European Parliament, upon request by a Member State, 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 and a request, where appropriate, that any injury be repaired. The Commission should keep the European Parliament and Council regularly informed of ongoing developments about a third country measure under examination, as well as the actions it intends to take in this framework.
Amendment 51 #
Proposal for a regulation
Recital 19
Recital 19
(19) After the adoption of Union response measures, the Commission should continuously assess the situation in relation to the third-country measures of economic coercion, the effectiveness of the Union response measures and their effects, with a view to adjusting, suspending or terminating the response measures accordingly. It is therefore necessary to set out the rules and procedures for amending, suspending and terminating Union response measures and the situations in which these are appropriate. The Commission should regularly report to the European Parliament and Council about the recent developments, the outcome of the review process on how effective the countermeasures are, as well as about the next steps it intends to take.
Amendment 57 #
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, to safeguard the integrity and proper functioning of the internal market, as well as to preserve EU capacity to make sovereign choices and adopt public policies, where a third country seeks, through measures 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, or have the third country desist from such actions, whilst permitting the Union, in the last resort, to counteract such actions.
Amendment 61 #
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. In determining whether the conditions set out in paragraph 1 are met, the following shallfurther elements may be taken into account, such as:
Amendment 67 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. Upon request of the Parliament, the Commission shall 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 and report to the Parliament about the outcome of its investigation and the next steps it intends to adopt.
Amendment 70 #
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 source. 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 74 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. The Commission shall regularly update the European Parliament and Council about any ongoing examination of a measure taken by a third country and recent developments linked to it.
Amendment 81 #
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 developments and of the next steps to be taken.
Amendment 86 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) action is necessary to protect the interests and rights of the Union and its Member States or to prevent any disruption in the internal market in that particular case, and
Amendment 101 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The Commission shall select and design an appropriate response measure taking into account the determination made pursuant to Article 4, the criteria set out in Article 2(2) and the Union’s interest, on the basis of available information, including as collected pursuant to Article 11, and the following criteria:
Amendment 108 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. The Commission shall regularly report to the European Parliament and the Council about the effectiveness of the Union response measures and, where relevant, consult them about the actions it intends to take, including suspension and termination.
Amendment 109 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the third country concerned suspends the economic coercion, or where it is necessary in the Union’s interest, 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 of 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 the third country is also suspending its measures of economic coercion. 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 113 #
Proposal for a regulation
Article 10 – paragraph 4 – point d
Article 10 – paragraph 4 – point d
Amendment 116 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Before the adoption of Union response measures or the amendment of such measures, the Commission shall, and before the suspension or termination of such measures, respectively, the Commission may, seek information and views regarding the economic impact on Union operators and Union's interest, through a notice published in the Official Journal of the European Union or through other suitable public communication means. The notice shall indicate the period within which the input is to be submitted.
Amendment 120 #
Proposal for a regulation
Article 11 – paragraph 4 – point d
Article 11 – paragraph 4 – point d
Amendment 127 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Where reference is made to this paragraph, Article 54 of Regulation (EU) No 182/2011 shall apply.
Amendment 135 #
Proposal for a regulation
Annex I – paragraph 1 – point d – point i
Annex I – paragraph 1 – point d – point i
(i) the exclusion from public procurement of goods, services, works or suppliers of goods or, services or works of the third country concerned or the exclusion of tenders the total value of which is made up of more than a specified percentage of goods or services of the third country concerned; and/or