11 Amendments of Daniel CASPARY related to 2012/0163(COD)
Amendment 60 #
Proposal for a regulation
Article 2 – point j a (new)
Article 2 – point j a (new)
(ja)"requests for consultations" means any formal step in dispute settlement proceedings by which an investor initiates the process of dispute settlement, excluding the submission of a claim to arbitration;
Amendment 70 #
Proposal for a regulation
Article 4
Article 4
The Union shall act as respondent where the dispute concerns treatment afforded by the institutions, bodies or agencies of the Union. In particular, where the dispute concerns treatment afforded by the European Central Bank (ECB) or the European Investment Bank (EIB), the ECB or the EIB, respectively, shall act on behalf of the Union.
Amendment 73 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
As soon as the Commission receives notice by which a claimant states its intention to initiate arbitration proceedings against a Member State, in accordance with the provisions of an agreement, it shall notify the Member State concerned. In the case the Commission receives notice by which a claimant states its intention to initiate arbitration proceedings against the Union it shall immediately notify all Member States.
Amendment 75 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
The Commission shall notify the European Parliament and the Council of any notice by which a claimant states its intention to initiate arbitration proceedings, within 15 days of receiving notice. Such notification shall also include the information on who will act as a respondent in the dispute.
Amendment 80 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The Commission may decide,and the Member State concerned shall within 320 days ofafter receiving notice or notification referred to in Article 7, that the Union shall act as respondent enter into consultations where one or more of the following circumstances arise:
Amendment 85 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) it is likely that similar claims will be broughtrequests for consultations concerning similar claims have been lodged under the same agreement against treatment afforded by other Member States and the Commission is best placed to ensure an effective and consistent defence; or,
Amendment 88 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
If the Commission and the Member State concerned agree in the consultations that the Union shall act as respondent, the Commission shall adopt a decision accordingly. In the case mutual consent cannot be achieved, the Commission may in the cases referred to in points (a) and (b) of the first subparagraph decide that the Union shall act as respondent. In any event such decision shall be adopted within 30 days of receiving notice or notification referred to in Article 7.
Amendment 91 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission and the Member State concerned shall immediately after receiving notice or notification referred to in Article 7 enter into consultations on the management of the case pursuant to this Article. The Commission and the Member State concerned shall ensure that any deadlines set down in the agreement are respected.
Amendment 95 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission may, at any time, require the Member State concerned to take a particular position as regards any point of law raised by the dispute or any other element having a Union interest, if the overriding interest of the Union or the future interpretation of the agreement in question or other agreements would be affected. Such a position shall not unduly compromise the effective defence of the Member State concerned. If the Member State concerned considers the request of the Commission as unduly compromising its effective defence, it shall enter into consultations with a view to find an acceptable solution before the decision is rendered.
Amendment 98 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. When an agreement, or the rules referred to therein, provide for the possibility of annulment, appeal or review of a point of law included in an arbitration award, the Commission may where it considers that the consistency or correctness of the interpretation of the agreement so warrant, require the Member State to lodge an applicatioenter into consultations with the Member State concerned in for such annulment, appeal or review. In such circumstances, representatives of the Commission shall form part of the delegation and may express the views of the Union as regards the point of law in questionder to determine whether it is necessary that the Member State concerned lodge an application for such annulment, appeal or review.
Amendment 101 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. If the Member State concerned refuses to lodge an application for annulment, appeal or review, the Commission may require the Member State concerned to lodge such an application. In such case, representatives of the Commission shall form part of the delegation and may express the views of the Union as regards the point of law in question.