Next event: Vote scheduled in committee 2022/10/10
Progress: Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | INTA | LANGE Bernd ( S&D) | ASIMAKOPOULOU Anna-Michelle ( EPP), VEDRENNE Marie-Pierre ( Renew), BÜTIKOFER Reinhard ( Verts/ALE), HAIDER Roman ( ID), HOOGEVEEN Michiel ( ECR), SCHOLZ Helmut ( GUE/NGL) |
Committee Opinion | AFET | GREGOROVÁ Markéta ( Verts/ALE) | Anna FOTYGA ( ECR), Emmanuel MAUREL ( GUE/NGL), Anna BONFRISCO ( ID) |
Committee Opinion | IMCO | HAHN Svenja ( Renew) | Clara AGUILERA ( S&D), Anne-Sophie PELLETIER ( GUE/NGL), Eugen JURZYCA ( ECR) |
Lead committee dossier:
Legal Basis:
TFEU 207-p2
Legal Basis:
TFEU 207-p2Subjects
Events
PURPOSE: to present a new tool to counteract third countries’ economic coercion of the Union or a Member State.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: economic coercion refers to a situation where a third country is seeking to pressure the Union or a Member State into making a particular choice by applying, or threatening to apply, measures affecting trade or investment. Such practices unduly interfere with the legitimate policymaking space of the EU and its Member States and undermine the EU's open strategic autonomy.
Moreover, the modern interconnected world economy creates an increased risk of, and opportunity for, economic coercion, as it provides countries with enhanced, including hybrid, means to deploy such coercion. Currently, the EU does not have a legislative framework for acting against economic coercion. Therefore, it is essential that the Union possess an appropriate instrument to deter and counteract economic coercion by third countries to safeguard its rights and interests and those of its Member States.
CONTENT: with a view to protecting the interests of the EU and its Member States by enabling the Union to respond to economic coercion, the proposal lays down rules and 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.
With this new instrument, the EU will be able to respond to cases of economic coercion in a structured and uniform manner. A dedicated legislative framework ensures predictability and transparency; it underlines the EU's adherence to a rules-based approach, also internationally. The EU will engage directly with the country concerned to stop the economic intimidation. If the economic intimidation does not stop immediately, the new instrument will allow the EU to react swiftly and effectively, providing a tailor-made and proportional response for each situation from imposing tariffs and restricting imports from the country in question, to restrictions on services or investment or steps to limit the country's access to the EU's internal market.
Scope
The proposed Regulation applies where a third country:
- 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
- by applying or threatening to apply measures affecting trade or investment.
In determining whether the above conditions are met, the following shall be taken into account:
- the intensity, severity, frequency, duration, breadth and magnitude of the third country’s measure and the pressure arising from it;
- whether the third country is engaging in a pattern of interference seeking to obtain from the Union or from Member States or other countries particular acts;
- the extent to which the third-country measure encroaches upon an area of the Union’s or Member States’ sovereignty;
- whether the third country is acting based on a legitimate concern that is internationally recognised;
- whether and in what manner the third country, before the imposition of its measures, has made serious attempts, in good faith, to settle the matter by way of international coordination or adjudication, either bilaterally or within an international forum.
Engagement with the third country concerned
The proposal suggests that the Commission should be open to engage on behalf of the Union with the third country concerned, to explore options with a view to obtaining the cessation of the economic coercion. Such options may include:
- direct negotiations;
- mediation, conciliation or good offices to assist the Union and the third country concerned in these efforts;
- submitting the matter to international adjudication.
The Commission should seek to obtain the cessation of the economic coercion by also raising the matter in any relevant international forum.
Lastly, the Annexes to the proposal include the possible Union response measures and the rules of origins and nationality for goods, services, investments and intellectual property rightholders.
Documents
- Amendments tabled in committee: PE732.655
- Committee draft report: PE703.008
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2021)0418
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0371
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0372
- Legislative proposal published: COM(2021)0775
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2021)0418
- Document attached to the procedure: EUR-Lex SWD(2021)0371
- Document attached to the procedure: EUR-Lex SWD(2021)0372
- Committee draft report: PE703.008
- Amendments tabled in committee: PE732.655
Activities
- Helmut SCHOLZ
Plenary Speeches (0)
- Clare DALY
Plenary Speeches (0)
- Juozas OLEKAS
Plenary Speeches (0)
- Jordi CAÑAS
Plenary Speeches (0)
- Mick WALLACE
Plenary Speeches (0)
- Margarida MARQUES
Plenary Speeches (0)
- Beata MAZUREK
Plenary Speeches (0)
- Liudas MAŽYLIS
Plenary Speeches (0)
- Marek BELKA
Plenary Speeches (0)
- Anna-Michelle ASIMAKOPOULOU
Plenary Speeches (0)
- Michiel HOOGEVEEN
Plenary Speeches (0)
- Eleni STAVROU
Plenary Speeches (0)
Amendments | Dossier |
140 |
2021/0406(COD)
2022/04/29
IMCO
104 amendments...
Amendment 100 #
Proposal for a regulation 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 objective criteria:
Amendment 101 #
Proposal for a regulation 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
Amendment 102 #
Proposal for a regulation Article 9 – paragraph 2 – point c (c) the avoidance or minimisation of negative impacts on affected actors by Union response measures, including long- term predictability and the availability of alternatives for affected actors, for example alternative sources of supply for goods or services;
Amendment 103 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2 a. By 30 June 2023, the Commission shall adopt guidelines to clarify application of each criteria set out in paragraph 2, criteria establishing calculation, selection and design of response measures together with examples and the minimum thresholds to trigger response measures for the injury to the Union or a Member State due to the third country’s measures of economic coercion. Those guidelines shall be regularly updated.
Amendment 104 #
Proposal for a regulation Article 9 – paragraph 3 – subparagraph 1 Any decision to apply restrictions with regard to services supplied, or direct investments made, within the Union by one or more legal persons established in the Union shall be duly justified and impacts of those restrictions shall be quantified in the implementing act referred to in paragraph 1 of Article 7 in light of the above criteria.
Amendment 105 #
Proposal for a regulation Article 9 – paragraph 3 – subparagraph 1 Any decision to apply restrictions with regard to services supplied, or direct investments made, within the Union by one or more legal persons established in the Union shall be duly justified in the
Amendment 106 #
When at least four Member States inform the Commission that they consider the decision unsatisfactory, they shall inform the Commission thereof with a detailed explanation within 30 days after its adoption and the Commission shall, after consulting the committee responsible, decide to maintain, to maintain with restriction or to withdraw that decision.
Amendment 107 #
Proposal for a regulation Article 10 – paragraph 1 1. The Commission shall keep under regular review the measures of economic coercion deployed by a third country that have triggered the Union response measures, the effectiveness of the Union response measures adopted
Amendment 108 #
Proposal for a regulation 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 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
Amendment 110 #
Proposal for a regulation Article 10 – paragraph 3 3. Where it is necessary to make adjustments to Union response measures taking into account the conditions and criteria laid down in Articles 2 and 9(2), analysis of the effectiveness of the Union response measures or further developments, including the third country’s reaction, the Commission may, as appropriate, amend Union response measures adopted in accordance with Article 7, by means of an implementing act, in accordance with the examination procedure referred to in Article 15(2).
Amendment 111 #
Proposal for a regulation Article 10 – paragraph 3 a (new) 3 a. A Member State that has been subject to economic coercion shall have the right to request the Commission to review measures, if the Member State considers that the measures are no longer sufficient to counteract coercion or are no longer commensurate to the economic coercion imposed by the third country.
Amendment 112 #
(a) where the economic coercion has
Amendment 113 #
Proposal for a regulation Article 10 – paragraph 4 – point d Amendment 114 #
Proposal for a regulation Article 10 – paragraph 4 – point d (d) where it is appropriate and duly justified in light of the Union’s interest.
Amendment 115 #
Proposal for a regulation Article 10 – paragraph 5 5. On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts suspending, amending or terminating Union response measures adopted in accordance with Article 7. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 15(3) and they shall remain in force for a period not exceeding two months. The Commission shall publish those implementing acts and their justification in the Official Journal of the European Union and through other suitable public communication means and inform the European Parliament thereof in a timely manner.
Amendment 116 #
Proposal for a regulation 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
Amendment 117 #
Proposal for a regulation Article 11 – paragraph 4 – point a (a) the impact of such measures on third-country actors or Union competitors, users or consumers or on Union employees, social partners and trade unions, associations, NGOs and civil society, business partners or clients of such actors;
Amendment 118 #
Proposal for a regulation Article 11 – paragraph 4 – point a a (new) (a a) the impact of such measures on consumer welfare in the Union, economic and productivity growth of Union and Member States and impact on businesses;
Amendment 119 #
Proposal for a regulation Article 11 – paragraph 4 – point b a (new) (b a) the interaction of such measures with the measures of third countries also affected by the economic coercion, including consideration of third countries best practices;
Amendment 120 #
Proposal for a regulation Article 11 – paragraph 4 – point d Amendment 121 #
Proposal for a regulation Article 11 – paragraph 6 6. Prior to the adoption of a delegated act or 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 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 122 #
Proposal for a regulation 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
Amendment 123 #
Proposal for a regulation Article 12 – paragraph 3 3. Paragraph 2 shall not preclude the Commission to disclose general information in a summary form, which does not contain information allowing to identify the supplier of the information. The Commission shall consult the summary form with the supplier of information prior to the disclosure. Such disclosure shall take into account the legitimate interest of the parties concerned in not having confidential information disclosed.
Amendment 124 #
Proposal for a regulation Article 14 – paragraph 2 2. The power to adopt delegated acts referred to in Article
Amendment 125 #
Proposal for a regulation Article 14 – paragraph 3 3. The delegation of power referred to in Article
Amendment 126 #
Proposal for a regulation Article 14 – paragraph 5 – subparagraph 1 A delegated act adopted pursuant to Article
Amendment 127 #
Proposal for a regulation Article 15 – paragraph 2 2. Where reference is made to this paragraph, Article
Amendment 128 #
Proposal for a regulation Article 16 – paragraph 1 1. The Commission shall evaluate any Union response measure adopted pursuant to Article 7 six months after its termination, taking into account stakeholder input and any other relevant information. The evaluation report shall examine the effectiveness and operation of the Union response measure, and draw possible conclusions for future measures. The Commission shall inform the European Parliament and the Council of its general conclusions.
Amendment 129 #
Proposal for a regulation 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 to the European Parliament and the Council. This report must also be made available to the public.
Amendment 130 #
Proposal for a regulation Article 16 – paragraph 2 2.
Amendment 131 #
2. No later than t
Amendment 132 #
Proposal for a regulation Article 16 – paragraph 2 a (new) Amendment 133 #
Proposal for a regulation Article 16 – paragraph 2 a (new) 2 a. Nevertheless, every two years the Commission shall report to the European Parliament on the measures taken, the examinations assessed, the mediations carried out and the conclusions of the files.
Amendment 134 #
Proposal for a regulation Article 17 – paragraph 2 a (new) This Regulation shall expire on 31 December 2032.
Amendment 135 #
Proposal for a regulation Annex I – paragraph 1 – point d – point i (i) the exclusion from public procurement of goods, services, works or suppliers of goods
Amendment 32 #
Proposal for a regulation Recital 5 (5) The modern interconnected world economy
Amendment 33 #
Proposal for a regulation Recital 5 (5) The modern interconnected world economy creates an increased risk of, and opportunity for, economic coercion, as it provides countries with enhanced, including hybrid, means to deploy such coercion. For this purpose, it is essential to strengthen resilience of the single market, diversify trade relations and boost European competitiveness. It is also desirable that the Union contribute to the creation, development and clarification of international frameworks
Amendment 34 #
Proposal for a regulation Recital 5 a (new) (5 a) Some non-transparent commercial behaviours implemented by third countries show how trade dynamics could be also used as instruments of economic and political pressure against Member States, the European Union and its internal market.
Amendment 35 #
Proposal for a regulation 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 measures affecting
Amendment 36 #
Proposal for a regulation 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 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,
Amendment 37 #
Proposal for a regulation 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 38 #
Proposal for a regulation 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 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 the functioning of the internal market or economic activities in the Union.
Amendment 39 #
Proposal for a regulation 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 40 #
Proposal for a regulation 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. In order to avoid using this Regulation incorrectly, such as to protect the Union´s industries from foreign competition, it is essential to clearly define the conditions for activation of this instrument as well as clear criteria for triggering specific actions under the mechanism.
Amendment 41 #
Proposal for a regulation 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 t
Amendment 42 #
Proposal for a regulation Recital 9 (9) In accordance with the principle of proportionality, it is necessary and appropriate, for creating an effective, credible 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 for certainty and to avoid or minimise collateral effects, administrative burdens and costs imposed on Union economic operators and impact of the internal market as well as the Union’s interest. 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 43 #
Proposal for a regulation Recital 9 (9) In accordance with the principle of proportionality, it is necessary and appropriate, for creating an effective and
Amendment 44 #
Proposal for a regulation Recital 11 (11) Coercion is prohibited under international law when a country deploys measures such as trade or investment restrictions in order to obtain from another country an action or inaction which that country is not internationally obliged to perform and which falls within its sovereignty, when the coercion reaches a certain qualitative
Amendment 45 #
Proposal for a regulation 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 46 #
Proposal for a regulation Recital 15 (15) The Union should only impose countermeasures when other means such as negotiations, mediation or adjudication do not lead to the prompt and effective cessation of the economic coercion and to reparation of the injury it has caused to the Union or its Member States, and where action is necessary to protect the interests and rights of the Union and its Member States and it is in the Union’s interest. It is appropriate that the Regulation sets out the applicable rules and procedures for the imposition and application of Union response measures and permits expeditious action where necessary to preserve the effectiveness of any Union response measures. Such applicable rules and published guidelines should ensure that the Regulation avoids advocating protectionism in order to promote open and rules-based trade.
Amendment 47 #
Proposal for a regulation Recital 15 (15) The Union should only impose countermeasures when other means such as negotiations, mediation or adjudication do not lead to the prompt and effective cessation of the economic coercion and to reparation of the injury it has caused to the Union or its Member States, and where action is necessary to protect the EU internal market, the interests and rights of the Union and its Member
Amendment 48 #
Proposal for a regulation 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; 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, is proportionate and targeted to maximise the effectiveness of the measure and minimise its impact to Union economic operators. 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 49 #
Proposal for a regulation Recital 16 (16) Union response measures adopted in accordance with this Regulation should be selected, calculated and designed on the basis of objective criteria, including: the effectiveness of the measures in inducing the cessation of coercion by the third country; 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 50 #
Proposal for a regulation Recital 18 (18) In pursuing the objective of obtaining the cessation of the measure of economic coercion, 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
Amendment 51 #
Proposal for a regulation 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 52 #
Proposal for a regulation Recital 20 (20) It is essential to provide for opportunities for stakeholder involvement, including businesses, for the purposes of adoption and amendment of Union response measures, and as relevant for the purposes of suspension and termination, in view of the potential impact on such stakeholders.
Amendment 53 #
Proposal for a regulation 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 on matters that may lead to the adoption of Union response measures under this Regulation. In general, the European Parliament and the Council should be fully involved and informed at every stage of the procedure, from prior discussions to the notification of reaction measures. Moreover, in the interests of transparency, the communication and exchange of information undertaken by the Commission should also be made available to the general public, through the creation of a transparency register or any other relevant tool, while respecting the rules of confidentiality.
Amendment 54 #
Proposal for a regulation Recital 22 (22) In order to allow the update of the
Amendment 55 #
Proposal for a regulation Recital 26 (26) The Commission should evaluate measures adopted under this Regulation as to their effectiveness and operation and as to possible conclusions for future measures. The Commission should also review this Regulation after gaining sufficient experience with the existence or application of this Regulation, its impact on trade, investments and the single market, and its added value in relation to existing tools. This review should cover the scope, functioning, efficiency and effectiveness of this Regulation. The Commission should report on its assessment to the European Parliament and the Council,
Amendment 56 #
Proposal for a regulation Recital 26 (26) The Commission should thoroughly evaluate measures adopted under this Regulation as to their effectiveness, impact, cost-benefit ratio and operation and as to possible conclusions for future measures. The Commission should also review this Regulation after gaining sufficient experience with the existence or application of this Regulation. This review should cover the scope, functioning, efficiency, impact and effectiveness of this Regulation. The Commission should report regularly on its assessment to the European Parliament and the Council,
Amendment 57 #
Proposal for a regulation 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 58 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation lays down rules and procedures in order to ensure the effective protection of the interests of the
Amendment 59 #
Proposal for a regulation Article 1 – paragraph 2 2. Any action taken under this Regulation shall be consistent with the Union’s obligations under international law and conducted in the context of the principles and objectives of the Union’s external action and of the internal market.
Amendment 60 #
Proposal for a regulation Article 2 – paragraph 1 – indent 2 — by applying or threatening to apply direct or indirect measures affecting trade or investment or the internal market.
Amendment 61 #
Proposal for a regulation Article 2 – paragraph 2 – introductory part 2. In determining whether the conditions set out in paragraph 1 are met,
Amendment 62 #
Proposal for a regulation Article 2 – paragraph 2 – point a a (new) (a a) the extent to which a third country's coercion is a reaction to an action of a Member State, and whether Member State consulted the Commission or other Member States about potential consequences of such action;
Amendment 63 #
Proposal for a regulation Article 2 – paragraph 2 – point a b (new) (a b) whether the third country concluded the trade agreement or other trade partnership with the Union;
Amendment 64 #
Proposal for a regulation Article 2 – paragraph 2 – point d Amendment 65 #
Proposal for a regulation Article 2 – paragraph 2 – point e a (new) (e a) the political and economic dimension of the third country exercising the interference, and the previous relations it had with the European Union and its member states.
Amendment 66 #
Proposal for a regulation Article 2 – paragraph 2 a (new) 2 a. By 30 June 2023, the Commission shall adopt guidelines with a clarification on the application of each criteria set out in paragraph 2, the methodology to quantify the economic coercion, the criteria for the establishment of measures of economic coercion together with examples and clarification on applying the Union response measures in Annex I to facilitate application of this Regulation. Those guidelines shall clearly differentiate measures stipulated in this Regulation from other forms of the EU trade defense instruments. Those guidelines shall be regularly updated.
Amendment 67 #
Proposal for a regulation 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 68 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission may carry out the examination referred to in paragraph 1 on its own initiative or following information received from any source. The Commission shall carry out the examination referred to in paragraph 1 following information received from at least 4 Member States. 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 69 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission may carry out the examination referred to in paragraph 1 on its own initiative, at the request of a Member State or following information received from any other 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 70 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission
Amendment 71 #
Proposal for a regulation Article 3 – paragraph 3 – introductory part 3. The Commission
Amendment 72 #
Proposal for a regulation Article 3 – paragraph 3 – introductory part 3. The Commission may seek information about the impact of the measures of the third country concerned, or act by directly assessing such impact on the internal market, if necessary.
Amendment 73 #
Proposal for a regulation Article 3 – paragraph 3 – subparagraph 1 The Commission shall inform the European Parliament and the Council of any development in the ongoing examination of third-country measures. It may 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 and an indication of the timeline for the determination referred to in Article 4, which shall not exceed six months. In that event, the Commission shall notify the third country concerned of the initiation of the examination.
Amendment 74 #
Proposal for a regulation 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 75 #
Proposal for a regulation Article 4 – paragraph 1 Following an examination carried out in
Amendment 76 #
Proposal for a regulation Article 4 – paragraph 2 Prior to adopting its decision, the Commission may invite the third country concerned to submit its observations, within a specified time limit that shall not unduly delay the Commission’s decision.
Amendment 77 #
Proposal for a regulation Article 4 – paragraph 2 Prior to adopting its decision, the Commission
Amendment 78 #
Proposal for a regulation 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
Amendment 79 #
Proposal for a regulation Article 5 – paragraph 1 – indent 2 — mediation, direct conciliation or through international entities, or good offices to assist the Union and the third country concerned in these efforts;
Amendment 80 #
Proposal for a regulation Article 5 – paragraph 3 The Commission shall keep the European
Amendment 81 #
Proposal for a regulation 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 82 #
Proposal for a regulation Article 5 – paragraph 3 The Commission shall keep the European Parliament and the Council informed of relevant developments without undue delay.
Amendment 83 #
Proposal for a regulation Article 5 – paragraph 3 The Commission shall keep the European Parliament and the Council informed
Amendment 84 #
Proposal for a regulation Article 5 – paragraph 4 The Commission shall
Amendment 85 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. The Commission shall adopt a
Amendment 86 #
Proposal for a regulation 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 87 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) action is commensurate, balanced and necessary to protect the interests and rights of the Union and its Member States in that particular case, and
Amendment 88 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) action is in the Union’s interest, taking into account the impact on the economy and the internal market.
Amendment 89 #
Proposal for a regulation 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. Such measures shall not violate international law.
Amendment 90 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 The
Amendment 91 #
Proposal for a regulation Article 7 – paragraph 2 2. The Union response measures shall apply from a specified date after the adoption of the
Amendment 92 #
Proposal for a regulation Article 7 – paragraph 3 3. The Commission shall, upon adoption of the
Amendment 93 #
Proposal for a regulation Article 7 – paragraph 4 4. The
Amendment 94 #
Proposal for a regulation Article 7 – paragraph 6 6. On duly justified imperative grounds of urgency to avoid irreparable damage to the Union 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. The Commission shall publish the decision and its justification in the Official Journal of the European Union and through other suitable public communication means and inform the European Parliament in a timely manner.
Amendment 95 #
Proposal for a regulation Article 7 – paragraph 6 6. On duly justified imperative grounds of urgency to avoid irreparable quantified damage to the Union 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 96 #
Proposal for a regulation Article 7 – paragraph 7 Amendment 97 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. The Commission may provide, in the
Amendment 98 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 Those measures shall apply as of the same date of application as the Union response measures adopted pursuant to Article 7, or as of a later date specified in the
Amendment 99 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 2 Those
source: 731.683
2022/06/15
IMCO
36 amendments...
Amendment 1 #
Proposal for a regulation Recital 5 (5) The modern interconnected world economy creates an increased risk of, and opportunity for, economic coercion, as it provides countries with enhanced, including hybrid, means to deploy such coercion.
Amendment 10 #
Proposal for a regulation 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 on matters that may lead to the adoption of Union response measures under this Regulation. In general, the Commission should keep the European Parliament and the Council fully informed of ongoing developments at every stage of the procedure, from prior discussions to the notification of reaction measures.
Amendment 11 #
Proposal for a regulation Recital 26 (26) The Commission should thoroughly evaluate measures adopted under this Regulation as to their effectiveness and operation and as
Amendment 12 #
Proposal for a regulation 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 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. Such coercion needs to be countered in order to preserve the legislative prerogative of the Union and its Member States, the rule of law and the functioning of the internal market, as well as to prevent any possible distortions arising from coercive actions by a third country. 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 13 #
Proposal for a regulation Article 1 – paragraph 2 2. Any action taken under this Regulation shall be consistent with the Union’s obligations under international law and conducted in the context of the principles and objectives of the Union’s external action and of the internal market.
Amendment 14 #
Proposal for a regulation Article 2 – paragraph 1 – indent 2 — by applying or threatening to apply measures affecting the internal market, trade or investment.
Amendment 15 #
Proposal for a regulation Article 2 – paragraph 1 a (new) 1 a. the financial and economic damage to a Member State’s market or the internal market of the Union;
Amendment 16 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission may carry out the examination referred to in paragraph 1 on its own initiative or following information received from any other source. The Commission shall act when one or more Member States request such examination. The Commission shall act expeditiously and report to the European Parliament and the Council without delay about the outcome of its investigation and the next steps it intends to adopt, and ensure the protection of confidential information in line with Article 12, which may include the identity of the supplier of the information.
Amendment 17 #
Proposal for a regulation Article 3 – paragraph 3 – introductory part 3. The Commission may seek information about the impact of the
Amendment 18 #
Proposal for a regulation Article 3 – paragraph 3 – subparagraph 1 The Commission shall regularly inform the European Parliament and the Council of developments in the ongoing examination of third-country measures. It may 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 that shall not unduly delay the Commission’s decision. In that event, the Commission shall notify the third country concerned of the initiation of the examination.
Amendment 19 #
Proposal for a regulation Article 4 – paragraph 1 Following an examination carried out in accordance with Article 3, the Commission shall adopt a decision determining whether the measure of the third country concerned meets the conditions set out in Article 2(1).
Amendment 2 #
Proposal for a regulation 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
Amendment 20 #
Proposal for a regulation Article 4 – paragraph 2 Prior to adopting its decision, the Commission
Amendment 21 #
Proposal for a regulation Article 5 – paragraph 1 – indent 2 — mediation, direct conciliation or through international entities, or good offices to assist the Union and the third country concerned in these efforts;
Amendment 22 #
The Commission shall keep the European Parliament, affected Member States and the Council fully informed
Amendment 23 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) action is proportionate and necessary to protect the interests and rights of the Union and its Member States or to prevent disruption in the internal market in that particular case, and
Amendment 24 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 In the implementing act, the Commission shall also determine the appropriate Union response from among the measures
Amendment 25 #
Proposal for a regulation Article 7 – paragraph 6 6. On duly justified imperative grounds of urgency to avoid irreparable damage to the Union or its Member States or the internal market 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. Where the Commission intends to adopt immediately applicable implementing acts pursuant to the first subparagraph of this paragraph, it shall inform the European Parliament and the Council before the adoption of such acts.
Amendment 26 #
(b) provide as effective or more effective relief to
Amendment 27 #
Proposal for a regulation Article 7 – paragraph 7 – point b a (new) (b a) provide as effective or more effective relief to the internal market remedying the impact of economic coercion;
Amendment 28 #
Proposal for a regulation Article 9 – paragraph 1 1. Any Union response measure shall not exceed the level that is commensurate with the injury suffered by the Union, the internal market 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 rights in question.
Amendment 29 #
Proposal for a regulation 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 objective criteria:
Amendment 3 #
Proposal for a regulation 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 a strategic role in this context as it could deter economic coercion by third countries. It is therefore of particular importance to set rules that preserve the internal market from negative interferences, as well as rules that preserve the EU capacity to make sovereign choices when considering Union measures in case of coercive measures by a third country.
Amendment 30 #
Proposal for a regulation Article 9 – paragraph 2 – point b (b) the potential of the measures to provide relief to
Amendment 31 #
(c) the avoidance or minimisation of negative impacts on affected actors by Union response measures, including long- term predictability and the availability of alternatives for affected actors, for example alternative sources of supply for goods or services;
Amendment 32 #
Proposal for a regulation Article 10 – paragraph 1 1. The Commission shall keep under regular review the measures of economic coercion deployed by a third country that have triggered the Union response measures, the effectiveness of the Union response measures adopted and their effects on the Union’s interests and shall keep the European Parliament and the Council informed thereof.
Amendment 33 #
Proposal for a regulation Article 10 – paragraph 3 a (new) 3 a. A Member State that has been subject to economic coercion shall have the right to request the Commission to review measures, if the Member State considers that the measures are no longer effective in counteracting coercion imposed by the third country. The Commission shall have the discretion to act.
Amendment 34 #
Proposal for a regulation Article 10 – paragraph 5 5. On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts suspending, amending or terminating Union response measures adopted in accordance with Article 7. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 15(3) and they shall remain in force for a period not exceeding two months. The Commission shall keep the European Parliament informed without delay about the decision and its justification.
Amendment 35 #
Proposal for a regulation Article 16 – paragraph 1 1. The Commission shall evaluate any Union response measure adopted pursuant to Article 7 six months after its termination, taking into account stakeholder input and any other relevant information. The evaluation report shall examine the effectiveness and operation of the Union response measure, and draw possible conclusions for future measures. The Commission shall inform the European Parliament and the Council of its general conclusions and the evaluation report shall be published.
Amendment 36 #
Proposal for a regulation Article 16 – paragraph 2 2. No later than t
Amendment 4 #
Proposal for a regulation 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. The conditions for activation of this instrument and for triggering specific measures should be clearly defined to avoid using this Regulation incorrectly, including to protect the Union’s industries from foreign competition.
Amendment 5 #
Proposal for a regulation Recital 9 (9) In accordance with the principle of proportionality, it is necessary and appropriate, for creating an effective, credible 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 coercion and its impact on the Union, 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 for legal certainty and to avoid or minimise collateral effects, administrative burdens and costs imposed on Union economic operators as well as the Union’s interest in order to safeguard the integrity and proper functioning of the internal market. 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 6 #
Proposal for a regulation Recital 15 (15) The Union should only impose countermeasures when other means such as negotiations, mediation or adjudication do not lead to the prompt and effective cessation of the economic coercion and to reparation of the injury it has caused to the Union or its Member States, and where action is necessary to protect the EU internal market, the interests and rights of the Union and its Member States and it is in the Union’s interest. It is appropriate that the Regulation sets out the applicable rules and procedures for the imposition and application of Union response measures and permits expeditious action where necessary to preserve the
Amendment 7 #
Proposal for a regulation 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; 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, is proportionate and targeted to maximise the effectiveness of the measure and minimise its impact to Union economic operators. 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 8 #
Proposal for a regulation 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 keep the European Parliament and Council fully involved at every stage of the procedure by regularly reporting 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 9 #
Proposal for a regulation Recital 20 (20) It is essential to provide for opportunities for stakeholder involvement, including businesses, for the purposes of adoption and amendment of Union response measures, and as relevant for the purposes of suspension and termination, in view of the potential impact on such stakeholders.
source: 732.924
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