Activities of Paweł ZALEWSKI related to 2010/0197(COD)
Plenary speeches (2)
Transitional arrangements for bilateral investment agreements between Member States and third countries (debate)
Transitional arrangements for bilateral investment agreements between Member States and third countries (debate)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries PDF (138 KB) DOC (72 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries PDF (292 KB) DOC (366 KB)
Amendments (27)
Amendment 32 #
Proposal for a regulation
Recital 4
Recital 4
(4) Although bilateral agreements remain binding on the Member States under public international law and will be progressively replaced by future agreements of the Union relating to the same subject matter, the conditions for their continuing existence and their relationship with the Union's policies relating to investment, including in particular the common commercial policy, require appropriate management. That relationship will develop further as the Union exercises its competence in common investment policy with the main goal to create the best possible investment protection system for all Member States investors, equally and equal investing conditions on third markets. As the new investment policy will be developed in view of transitional validity of bilateral investment agreements concluded by Member States, it should acknowledge the rights of investors whose investments fall into the scope of those agreements and should grant their legal certainty.
Amendment 37 #
Proposal for a regulation
Recital 5
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 be maintained in forceremain binding on the parties under public international law and should be maintained in force, whereas the Commission shall take the necessary steps towards a progressive replacement of all existing agreements on investment with new agreements that should provide for the best possible level of protection.
Amendment 48 #
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation lays down the conditions under which Member States are empowered to maintain, amend or conclude international agreements relating to investment.
Amendment 53 #
Proposal for a regulation
Recital 8
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 an 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.
Amendment 60 #
Proposal for a regulation
Recital 10
Recital 10
(10) The Commission should be able to withdraw the authorisation iof an agreement conflicts with the law of the Union other tha investment if the Member State does not follow its obligation theo 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 withdrawnitiate a renegotiation process of this agreement on request by the Commission. The authorisation of a Member State's agreement with a third country should also be withdrawn if the EU has ratified an agreement with this third country negotiated by the Commission. The authorisation should be withdrawn if an agreement constitutes an obstacle to the conclusion of future investment agreements with that third country. 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.
Amendment 70 #
Proposal for a regulation
Recital 12
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 discontinueing 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.
Amendment 78 #
Proposal for a regulation
Recital 15
Recital 15
(15) Agreements between Member States relating to investment shouldare not be covered by this Regulation.
Amendment 94 #
Proposal for a regulation
Article 2
Article 2
Within thirty days from the entry into force of this Regulation, the Member States shall notify the Commission of all bilateral agreements with third countries relating to investment concluded and/or signed before the entry into force of this Regulation that they either wish to maintain in force or permit to enter into force under this Chapter. The notification shall include a copy of those bilateral agreements. Member States shall also notify the Commission on future changes to the status of these agreements.
Amendment 108 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 113 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) constitute an obstacle to the development and the implementatconclusion of thfuture Union's policies relating to investment, including in particular the common commercial policy investment agreements with third countries.
Amendment 128 #
Proposal for a regulation
Article 5 – paragraph 3
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.
Amendment 129 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Where the Commission concludes that an agreement breaches either paragraph 1(a) or 1(c), it shall call on the Member State concerned to renegotiate that agreement. If deemed appropriate, the Commission shall assist the Member State concerned in undertaking the necessary steps to comply with the requirements to renegotiate an existing agreement. If the Member State concerned undertakes the necessary steps but fails to conclude a renegotiated agreement, the Commission shall undertake steps with a view to replacing the agreement concerned by an agreement of the Union.
Amendment 138 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The authorisation provided for in Article 3 mayshould be withdrawn where:
Amendment 142 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) an agreement conflicts with the law of the Union other than the incompatibilities arthe Member State concerned fails to take the necessary steps to initial the renegotiation process of an existing from the allocation of competence between the Union and its Member Statesagreement on investment, after it was notified by the Commission, pursuant to Article 5(3a), or
Amendment 144 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 151 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
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 policconclusion of future investment agreements with that third country, or
Amendment 156 #
Proposal for a regulation
Article 6 – paragraph 2
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(a). Consultations shall take place between the Commission and the Member State concerned.
Amendment 168 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The notification referred to in paragraph 1 shall be transmitted at least fivthree calendar months before formal negotiations are to commence with the third country concerned.
Amendment 170 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 174 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
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 policconclusion of future investment agreements with that third country.
Amendment 181 #
Proposal for a regulation
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. Upon notification the Commission shall make an assessment as to whether the negotiated agreement does not:is in line with the requirements under Article 9(1) and (2), which have been communicated to the Member State by the Commission.
Amendment 183 #
Proposal for a regulation
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
Amendment 185 #
Proposal for a regulation
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
Amendment 188 #
Proposal for a regulation
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
Amendment 191 #
Proposal for a regulation
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
Amendment 194 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Decisions pursuant to paragraphs 4 and 5 shall be taken in accordance with the procedure referred to in Article 15(2). The Commission shall take the decision within 9060 working days of receipt of the notifications referred to in paragraphs 1 and 2. Where additional information is needed to take the decision, the 9060 working days shall run from the date of receipt of the additional information.
Amendment 196 #
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. Where the Commission decides to negotiate an agreement on foreign direct investment with a third country, it shall duly notify all Member States on its intention and the scope of the agreement.