13 Amendments of Michael THEURER related to 2010/0197(COD)
Amendment 38 #
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in forceremain binding on the parties under public international law and should be maintained in force unless withdrawn in accordance with Article 6.
Amendment 63 #
Proposal for a regulation
Recital 10
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 The authorisation may also be withdrawn if an agreement of the Union in force with a third country contains investment provisions similar to those of a Member State agreement.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to investment, including in particular of autonomous measures of common commercial policy, authorisation may be withdrawn.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.
Amendment 75 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) As foreign direct investment is an exclusive Union competence, the authorisation for Member States to conclude new bilateral agreements should only be granted in exceptional circumstances where there is no added value in an agreement of the Union. The Commission shall refuse authorisation for such agreements if one or more Member States express their interest in an agreement of the Union with the third country concerned or if the agreement contravenes the development of Union policy relating to investment.
Amendment 77 #
Proposal for a regulation
Recital 15
Recital 15
(15) Agreements between Member States relating to investment shouldare not be covered by this Regulation.
Amendment 79 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The Member States and Commission should take all necessary measures to ensure that the Commission is allowed to participate to the broadest possible extent in dispute settlement procedures initiated under a bilateral investment agreement of a Member State where those disputes involve EU law.
Amendment 112 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 133 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Where the review concludes that an agreement breaches paragraphs 1(a) or 1(b), the Commission shall mandate the Member State concerned to renegotiate that agreement and provide assistance in the negotiations to that Member State. If the Member State fails to conclude a new agreement, the Commission shall withdraw the authorisation in accordance with Article 6 and, if appropriate, propose a negotiating mandate to the Council for an agreement of the Union in accordance with Article 207(3) of the Treaty. The Commission shall keep the European Parliament immediately and fully informed at all stages of the procedure.
Amendment 149 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 163 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The notification shall include relevant documentation and an indication of the provisions to be addressed in the negotiations, the objectives of the negotiations and any other relevant information. In the case of amendments to an existing agreement, the notification shall indicate the provisions that are to be renegotiated. In the case of the conclusion of a new agreement, the Member State concerned shall provide written justification for the necessity of a bilateral agreement with the third country concerned rather than an agreement of the Union.
Amendment 164 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Where a Member State intends to conclude a new agreement with a third country relating to investment, the Commission shall consult the other Member States within thirty days to determine whether there would be added value in an agreement of the Union. If one or more Member States indicate their interest in an agreement of the Union, the Commission shall take a decision in accordance with Article 9(1a).
Amendment 165 #
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 five calendar months before formal negotiations to amend an existing agreement are to commence with the third country concerned. Where a Member State intends to conclude a new agreement, the notification shall be transmitted at least six calendar months before the formal negotiations are to commence with the third country concerned.
Amendment 169 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where a Member State intends to conclude a new agreement the Commission shall withhold authorisation if, in accordance with Article 8 (3a), one or more Member States indicate their interest in concluding an investment agreement of the Union with the third country concerned.
Amendment 177 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. If the Commission takes a decision in accordance with paragraph 1a it shall propose a negotiating mandate to the Council in accordance with Article 207 (3) of the Treaty. The Commission shall keep the European Parliament immediately and fully informed at all stages of the procedure.