Activities of Kader ARIF related to 2010/0197(COD)
Shadow reports (1)
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 (18)
Amendment 43 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation lays down the conditions under which Member States should be authorised to maintain in forccooperate with the Commission when some orf to permit to enterheir already into force internationbilateral agreements with third countries relating to investment are incompatible with the laws or policies of the Union.
Amendment 49 #
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation lays down the conditions under which Member States are empowered to amend existing or conclude new international agreements relating to investment.
Amendment 51 #
Proposal for a regulation
Recital 8
Recital 8
(8) As the authorisation to maintain, amend or conclude agreements covered by this Regulation is granted inconcerns an area of exclusive Union competence, it must be regarded as an exceptional measure. The authorisrrangements under this Regulation isare 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 59 #
Proposal for a regulation
Recital 10
Recital 10
(10) The Commission should be able to withdraw the authorisation if an, within a period of one year after the entry into force of the Regulation, review all Member States' international agreements relating to investment and inform the Members States of the situations where those agreements 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 withdrawnCommission should also inform the Member States 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 decisionor constitute an obstacle to the implementation of the principles and objectives onf 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 authorisUnion's action on the international scene, Members States should be required to take the necessary measures to remove these incompatibilities within a period of five years after the entry into force of the Regulation.
Amendment 71 #
Proposal for a regulation
Recital 13
Recital 13
(13) Agreements authorised under this Regulation or authorisations to open negotiations to amend an existing or to conclude a new bilateral agreement with a third country should not in any case be allowed to constitute an obstacle to the implementation of the Union's policies relating to investment, in particular common commercial policy, or to the implementation of the principles and objectives of the Union's action on the international scene, as defined by Article 21 of the Treaty on European Union.
Amendment 83 #
Proposal for a regulation
Article 1
Article 1
This Regulation establishes the terms, conditions and the procedure under which Member States are authorised to maintain in force, amend or concludshall cooperate with the Commission when some of their already in force bilateral agreements with third countries relating to investment are incompatible with the laws or policies of the Union.
Amendment 89 #
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
Authorisation to maintain agreements in forcelignment of the agreements in force with the laws or policies of the Union
Amendment 93 #
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 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.
Amendment 100 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Authorisation to maintain agreements already in force
Amendment 101 #
Proposal for a regulation
Article 3
Article 3
Notwithstanding the Union's competences relating to investment and without prejudice to other obligations of Member States under the law of the Union, Member States are authorised in accordance with Article 2(1) of the Treaty to maintain in force bilateral agreements relating to investment that have been notified in accordance with Article 2 of this Regulation remain unchanged unless the review referred to in Article 5 requires modification of those agreements.
Amendment 116 #
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 implementation of the Union's policies relating to investment, including in particular the common commercial policy., or
Amendment 117 #
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) constitute an obstacle to the implementation of the principles and objectives of the Union's action on the international scene, as defined by Article 21 of the Treaty on European Union.
Amendment 121 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Once the Commission has received notification of the agreements referred to in Article 2, it shall present to the Member State, within one year after the entry into force of this Regulation, a report detailing the necessary steps to be taken to comply with the requirements referred to in paragraph 1 of this Article.
Amendment 122 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. The Member State shall then, within five years after the entry into force of this Regulation, take all the necessary measures to remove the incompatibilities or obstacles notified by the Commission, and regularly report to the Commission and the European Parliament on progress made in this respect.
Amendment 134 #
Proposal for a regulation
Article 6
Article 6
Amendment 175 #
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 policy., or
Amendment 176 #
Proposal for a regulation
Article 9 – paragraph 1 – point c a (new)
Article 9 – paragraph 1 – point c a (new)
(ca) constitute an obstacle to the implementation of the principles and objectives of the Union's action on the international scene, as defined by Article 21 of the Treaty on European Union.
Amendment 189 #
Proposal for a regulation
Article 11 – paragraph 3 – point c a (new)
Article 11 – paragraph 3 – point c a (new)
(ca) constitute an obstacle to the implementation of the principles and objectives of the Union's action on the international scene, as defined by Article 21 of the Treaty on European Union, or