16 Amendments of Ska KELLER related to 2012/0163(COD)
Amendment 21 #
Proposal for a regulation
Recital 2
Recital 2
(2) Agreements providing for investment protection typicallyIn the cases where it is justifiable, future investment protection agreements concluded by the Union can include an investor-to- state dispute settlement mechanism, which allows an investor from a third country to bring a claim against a state in which it has made an investment. Investor-to-state dispute settlement can result in awards for monetary compensation. Furthermore, significant costs for administering the arbitration as well as costs relating to the defence of a case will inevitably be incurred in any such case.
Amendment 25 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The proper management of financial responsibility relating to investor-to-state dispute settlement procedures is intimately linked with and dependent on the Union's and the Member States' exposure to liability resulting from the substantive standards that will be applied by arbitral tribunals having jurisdiction under an investment agreement concluded by the Union. In order to be able to assess the potential liabilities involved and to provide for a practically efficient framework for managing this financial responsibility, it is necessary to delineate the outer limits of the financial responsibilities involved.
Amendment 26 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) The consolidated case law of the Court of Justice of the European Union on the protection of fundamental rights of the European Union relating to economic activity, the adoption of the Charter of Fundamental Right, and the Union's accession to the European Convention of Human Rights, together with the court system established by the Treaties for the safeguarding of these rights and the possibility of obtaining damages in case of their violation by act of the Union or Member States, offer investors both from the Union and from third countries a level of protection that is today among the highest afforded by any national or supra- national entity.
Amendment 27 #
Proposal for a regulation
Recital 3 c (new)
Recital 3 c (new)
Amendment 28 #
Proposal for a regulation
Recital 3d (new)
Recital 3d (new)
(3d) Delineation of the outer limits of financial responsibilities under this Regulation is also linked to the safeguarding of the Union's legislative powers exercised within the competences defined by the Treaties, and controlled for their legality by the Court of Justice, which cannot be unduly restrained by potential liability defined outside the balanced system established by the Treaties. Accordingly, the Court of Justice has clearly confirmed that the Union's liability for legislative acts especially in the interaction with international law must be framed narrowly and cannot be engaged without the clear establishment of fault.1 Future investment agreements to be concluded by the Union should respect these safeguards to the Union's legislative powers and should not establish stricter standards of liability allowing a circumvention of the standards defined by the Court of Justice. ______________ 1 FIAMM and Fedon v. Council and Commission [2008] ECR I-6513
Amendment 30 #
Proposal for a regulation
Recital 5
Recital 5
(5) In its resolution on the future EU International Investment Policy, the European Parliament has explicitly called for the creation of the mechanism provided for in this Regulation. Furthermore, the Council requested the Commission to study the matter in its Conclusions on a Comprehensive International Investment Policy of 25 October 2010. This Regulation aims at providing for such a mechanism and the operation such mechanism should also be ensured and implemented by every future investment agreement concluded by the Union.
Amendment 32 #
Proposal for a regulation
Recital 6
Recital 6
(6) Financial responsibility should be allocated to the entity responsible for the treatment found to be inconsistent with the relevant provisions of the agreement. This means that the Union should bear the financial responsibility where the treatment concerned is afforded by an institution, body or agency of the Union. The Member State concerned should bear the financial responsibility where the treatment concerned is afforded by a Member State. However, where the Member State acts in a manner required by the law of the Union, for example in transposing a directive adopted by the Union, ithe Union should not bear financial responsibility in so far as the treatment concerned is required by Union law and the decision on the Union's liability for its underlying legislative act should be reserved to the Court of Justice of the European Union. The regulation also needs to foresee the possibility that an individual case could concern both treatment afforded by a Member State and treatment required by Union law. It will cover all actions taken by Member States and by the European Union.
Amendment 41 #
Proposal for a regulation
Recital 14
Recital 14
(14) Equally, when a Member State acts as respondent it is appropriate that it keep the Commission informed of developments in the case and that the Commission can, where appropriate, require that the Member State acting as respondent takes a specific position on matters thaving at might affect Union interests.
Amendment 51 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The provisions of this Regulation shall become integral part of any investment agreement to which the Union is a party.
Amendment 56 #
Proposal for a regulation
Article 2 – point d
Article 2 – point d
(d) ‘"investor-to-state dispute settlement’" means a mechanism provided for by an agreement by which a claimant may initiate claims against the Union or a Member State;
Amendment 58 #
Proposal for a regulation
Article 2 – point f a (new)
Article 2 – point f a (new)
(fa) "treatment" means any administrative act or decision by the Union or a Member State that affects a foreign investment in the Union;
Amendment 65 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 76 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
As soon as the Commission receives a request from a claimant for consultations or a claim to arbitration or as soon as the Commission is informed about a request for consultations or a claim against a Member State, the Commission shall promptly inform the European Parliament about the name of the claimant, the provisions of the agreement alleged to have been breached, the economic sector involved, the treatment alleged to be in breach of the agreement and the amount of damages claimed.
Amendment 87 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) othe dispute raises unsettled issues of law which may recur in other disputes under the same or or overriding interests of ther Union agreements concerning treatment afforded by the Union or other Member Sta at stake in the disputes.
Amendment 90 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Where the Union assumes to act as respondent according to a decision of the Commission pursuant paragraph 2 or the default rule set out in paragraph 1, such determination of the respondent status shall binding on the claimant and the arbitral tribunal.
Amendment 112 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Where a Member State is respondent in a dispute exclusively concerning treatment afforded by its authorities and decides to settle the dispute, it shall notify the Commission of the draft settlement arrangement and shall inform the Commission of the negotiation and the implementation of the settlement.