14 Amendments of Nathalie LOISEAU related to 2022/0068(COD)
Amendment 13 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Union and the United Kingdom may conclude other bilateral agreements between them that constitute supplementing agreements to the Trade and Cooperation Agreement and such supplementing agreements are an integral part of the overall bilateral relations as governed by this Agreement and form part of the overall framework. It is recalled that in accordance with Article 774 of the Trade and Cooperation Agreement that agreement neither applies to Gibraltar nor has any effects in that territory.
Amendment 18 #
Proposal for a regulation
Recital 5
Recital 5
(5) Should the need arise to exercise its rights in implementing and enforcing the Withdrawal Agreement and the Trade and Cooperation Agreement, the Union should be in a position to make appropriate use of the instruments available to it swiftly and in a proportionate, effective and flexible manner, while fully involving Member States and the European Parliament. The Union should also be able to take appropriate measures if effective recourse to binding dispute settlement under those Agreements is not possible because the United Kingdom does not cooperate in making such recourse possible. It is therefore necessary to lay down rules and procedures governing the adoption of those measures.
Amendment 19 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
Amendment 21 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5 b) Without prejudice to the powers of the Commission laid down in this Regulation, the European Parliament and the Council should be able to exercise their right of scrutiny under Article 11 of Regulation (EU) No 182/2011.
Amendment 25 #
Proposal for a regulation
Recital 9
Recital 9
(9) Since only the Union is party to the TCA and the WA, action at the level of international law in respect of these agreements can only be taken by the Union where they concern its exclusive competences, and thus the objective of this Regulation, namely to lay down rules and procedures governing the exercise of Union's rights under the Withdrawal Agreement and the Trade and Cooperation Agreement, and to empower the Commission to adopt the necessary measures including, as appropriate, restrictions in trade, investment or other activities within the scope of the latter Agreement cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. Moreover, since only the Union is Party to the TCA and the WA, action at the level of international law in respect of these agreements can only be taken by the Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,.
Amendment 35 #
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. The measures to be adopted pursuant to paragraph 1 shall be determined on the basis of the following criteria, in light of available information and of the Union's general interest:proportionality to the objectives pursued, the effectiveness of the measures in inducing compliance of the United Kingdom with the agreements referred to in Article 1(1) and any specific criteria that may be established in the agreements in connection with the measures referred to in Article 1(2).
Amendment 37 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 39 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 41 #
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
Amendment 42 #
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
Amendment 44 #
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
Amendment 48 #
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. The Commission shall fully inform the European Parliament and the Council simultaneously and in a timely manner of all difficulties that may arise, in particular possible breaches of the Agreements and other situations that may give rise to measures taken pursuant to this Regulation, as well as of its intention to adopt measures referred to in paragraph 1 and of the follow up to any measures taken in order to enable a meaningful exchange of views to take place. The European Parliament shall have the possibility to give its opinion to the Commission, which the Commission shall consider before it adopts any enforcement measures. If the Commission does not follow the position of the European Parliament, the Commission shall explain the reasons for not doing so.
Amendment 50 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Where there is a particular concern of one or more Member States, or the European Parliament, that or those Member States may request the Commission to adopt measures referred to in Article 1(2), or the European Parliament may request the Commission to review its concern and assess the need to adopt such measures. If the Commission does not respond positively to such a request, it shall inform the European Parliament and the Council in a timely manner of its reasons.
Amendment 54 #
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. If, due to persisting significant divergences, rebalancing measures referred to in Article 1(2), point (c), of this Regulation last for more than a year, one or more Member States may request the Commission to activate the review clause provided for in Article 411 of the Trade and Cooperation Agreement, or the European Parliament may express its concern and request the Commission to review its concern and assess the need to activate the review clause. The Commission shall examine this request in a timely manner and shall consider seizing as appropriate the Partnership Council of that matter, in accordance with the provisions set out in the Trade and Cooperation Agreement. If the Commission does not respond positively to such a request, it shall inform the European Parliament and the Council in a timely manner of its reasons.