Activities of Anne-Sophie PELLETIER related to 2021/0406(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union and its Member States from economic coercion by third countries
Amendments (16)
Amendment 36 #
Proposal for a regulation
Recital 6
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 economic activities in the Union. They could also include any type of measures taken by a third country having an extraterritoriality effect and negative or coercitive consequences for European companies.
Amendment 53 #
Proposal for a regulation
Recital 21
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 78 #
Proposal for a regulation
Article 4 – paragraph 3
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 requestorder it to cease the economic coercion and, where appropriate, repair the injury suffered by the Union or its Member States, through deterrent financial compensation. The Commission shall keep the European Parliament and the Council informed of the notifications sent.
Amendment 83 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
The Commission shall keep the European Parliament and the Council informed of relevant developmentat all stages of the process.
Amendment 85 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Commission shall adopt an implementing delegated act determining that it shall take a Union response measure where:
Amendment 90 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
The implementingdelegated act shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 91 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Union response measures shall apply from a specified date after the adoption of the implementingdelegated act referred to in paragraph 1. The Commission shall set this date of application, taking into account the circumstances, to allow for the notification of the third country concerned pursuant to paragraph 3 and for it to cease the economic coercion.
Amendment 92 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall, upon adoption of the implementingdelegated act, notify the third country concerned of the Union response measures adopted pursuant to paragraph 1. In the notification, the Commission shall, on behalf of the Union, call onorder the third country concerned to promptimmediately cease the economic coercion, offer to negotiate a solution, and inform the third country concerned that the Union response measure will apply, unless the economic coercion ceases.
Amendment 93 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The implementingdelegated act referred to in paragraph 1 shall state that the application of the Union response measures shall be deferred for a period specified in that implementingdelegated act, where the Commission has credible information that the third country has ceased the economic coercion before the start of application of the adopted Union response measures. In that event, the Commission shall publish a notice in the Official Journal of the European Union indicating that there is such information and the date from which the deferral shall apply. If the third country ceases the economic coercion before the Union response measures start to apply, the Commission shall terminate the Union response measures in accordance with Article 10.
Amendment 97 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The Commission may provide, in the implementingdelegated act referred to in Article 7(1), or in a separate implementingdelegated act, that:
Amendment 98 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
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 implementingdelegated act pursuant to this paragraph.
Amendment 99 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 15(2)4.
Amendment 105 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
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 implementingdelegated act referred to in paragraph 1 of Article 7 in light of the above criteria.
Amendment 117 #
Proposal for a regulation
Article 11 – paragraph 4 – point a
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 121 #
Proposal for a regulation
Article 11 – paragraph 6
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 129 #
Proposal for a regulation
Article 16 – paragraph 2
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.