Activities of Marco CAMPOMENOSI related to 2021/0114(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market
Amendments (87)
Amendment 35 #
Proposal for a regulation
Recital 9
Recital 9
(9) There should be a financial contribution, or any other advantage provided, directly or indirectly, by the public authorities of a third country. The financial contribution or advantage may be granted through public or private entities. Whether a public entity provides a financial contribution or advantage should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the country in which the entity operates including the government’s role in the economy. Financial contributions or advantages may also be granted through a private entity if its actions can be attributed to the third country.
Amendment 37 #
Proposal for a regulation
Recital 10
Recital 10
(10) Such a financial contribution or advantage should confer a benefit to an undertaking engaging in an economic activity in the internal market. A financial contribution or advantage that benefits an entity engaging in non- economic activities does not constitute a foreign subsidy. The existence of a benefit should be determined on the basis of comparative benchmarks, such as the investment practice of private investors, rates for financing obtainable on the market, a comparable tax treatment, or the adequate remuneration for a given good or service. If no directly comparable benchmarks are available, existing benchmarks could be adjusted or alternative benchmarks could be established based on generally accepted assessment methods.
Amendment 47 #
Proposal for a regulation
Recital 17
Recital 17
(17) Where the Commission examines a foreign subsidy on its own initiative, it should have the power to impose redressive measures on an undertaking to remedy any distortion caused by a foreign subsidy in the internal market. Redressive measures should be proportionate and suitable to remedy the distortion at stake. They should include behavioural or structural remedies or the repayment of the foreign subsidy. This process should be transparent for the public;
Amendment 48 #
Proposal for a regulation
Recital 18
Recital 18
(18) The undertaking concerned should have the possibility to offer commitments in order to remedy the distortion caused by the foreign subsidy. If the Commission considers that the commitments offered fully and effectively remedy the distortion, it could accept them and make them binding by public decision.
Amendment 52 #
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission should close the in-depth investigation by adopting a publicly accessible decision.
Amendment 56 #
Proposal for a regulation
Recital 1
Recital 1
(1) A strong, open and competitive internal market enables both European and foreign undertakings to compete on merits. The Union benefits from a sophisticated and effective system of State aid control, aiming at ensuring fair conditions for all undertakings engaging in any economic activity in the internal market. This State aid control system prevents Member States from granting State aid that unduly distorts competition in the internal market.
Amendment 64 #
Proposal for a regulation
Recital 6
Recital 6
(6) Rules and procedures to investigate foreign subsidies that actually or potentially distort the internal market should be laid down and, where relevant, those distortions should be redressed. Foreign subsidies could distort the internal market if the undertaking benefitting from the foreign subsidy engages in any economic activity in the Union. This Regulation should therefore establish rules for all undertakings engaging in any economic activity in the Union. Given the significance of the economic activities pursued by SMEs, and their contribution to the fulfilment of the Union’s key policy goals, special attention is given to the impact of this Regulation on them.
Amendment 67 #
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure a level playing field throughout the internal market and consistency in the application of this Regulation, the Commission should be the sole authority competent to apply this Regulation, in close cooperation with Member States. The Commission should have the power to examine any foreign subsidy to the extent it is in the scope of this Regulation in any sector of the economy on its own initiative relying on information from all available sources. To ensure effective control, in the specific case of large concentrations (mergers and acquisitions) and public procurement procedures above certain thresholds, the Commission should have the power to review foreign subsidies based on a prior notification by the undertaking to the Commission. The Commission shall consult and inform Member States and the Parliament in all stages of the process in due time.
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
(2) This Regulation addresses foreign subsidies grantedconferring an advantage to an undertaking engaging in any economic activity in the internal market. An undertaking acquiring control or merging with an undertaking established in the Union or an undertaking participating in a public procurement procedure is considered to be engaging in an economic activity in the internal market.
Amendment 72 #
Proposal for a regulation
Recital 9
Recital 9
(9) There should be a financial contribution or any other advantage provided, directly or indirectly, by the public authorities of a third country. The financial contribution or advantage may be granted through public or private entities. Whether a public entity provides a financial contribution or advantage should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the country in which the entity operates including the government’s role in the economy. Financial contributions or advantage may also be granted through a private entity if its actions can be attributed to the third country.
Amendment 79 #
Proposal for a regulation
Recital 10
Recital 10
(10) Such a financial contribution or advantage should confer a benefit to any undertaking engaging in an economic activity in the internal market. A financial contribution or advantage that benefits an entity engaging in non- economic activities does not constitute a foreign subsidy. The existence of a benefit should be determined on the basis of comparative benchmarks, such as the investment practice of private investors, rates for financing obtainable on the market, a comparable tax treatment, or the adequate remuneration for a given good or service.. If no directly comparable benchmarks are available, existing benchmarks could be adjusted or alternative benchmarks could be established based on generally accepted assessment methods.
Amendment 83 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2a) The European Commission´s findings of subsidies benefitting third country producers in a given sector made in relevant and recent Trade Defence Instruments (TDIs) investigations, or subsidies documented in reports published by international intergovernmental organizations shall constitute sufficient evidence of distortive subsidies to operators in the countries and sectors concerned having met the relevant threshold.
Amendment 94 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should take into account the positive effects of the foreign subsidy on the development of the relevant subsidised economic activity. The Commission should weigh these positive effects against the negative effects of a foreign subsidy in terms of distortion on the internal market in order to determine, if applicable, the appropriate redressive measure or accept commitments. The balancing may also lead to the conclusion that no redressive measures should be imposed. Categories of foreign subsidies that are deemed most likely to distort the internal market are less likely to have more positive than negative effects. The Commission shall, in close cooperation with Member States, develop and publish guidelines on the application of the balancing test.
Amendment 98 #
Proposal for a regulation
Recital 19
Recital 19
(19) The undertaking concerned could offer to repay the subsidy, together with appropriate interest. The Commission shouldmay accept a repayment offered as a commitment if it can ascertain that the repayment fully remedies the distortion, is executed in a transparent manner and is effective in practice, while taking into account the risk of circumvention of the objectives of this Regulation.
Amendment 105 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should have the power, on its own initiative, to examine any information on foreign subsidies, received from any relevant source, including Member States.. To this end, it is necessary to establish a procedure consisting of two steps, namely a preliminary review and an in-depth investigation.
Amendment 114 #
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
(6a) If an undertaking does not make commitments or take redressive measures, this may lead to exclusion from the market.
Amendment 118 #
Proposal for a regulation
Recital 28
Recital 28
(28) Given the potentially significant impact of concentrations on the internal market, the Commission should have the power, upon notification, to examine information on foreign financial contributionsubsidies in the context of a proposed concentration. Undertakings should not be allowed to implement the concentration prior to the conclusion of the Commission’s review.
Amendment 125 #
Proposal for a regulation
Recital 31
Recital 31
(31) Below the notification thresholds, the Commission itself or upon request from a Member State, could require the notification of potentially subsidised concentrations that were not yet implemented or the notification of potentially subsidised bids prior to the award of a public contract, if it considers that the concentration or the bid would merit ex-ante review given their impact in the Union. The Commission should also have the possibility to carry out a review on its own initiative of already implemented concentrations or awarded public contracts.
Amendment 134 #
Proposal for a regulation
Recital 33
Recital 33
(33) The need to address distortive foreign subsidies is especially salient in public procurement, given its economic significance in the internal market and the fact that it is financed by taxpayer funds. The Commission should have the power, upon notification prior to the award of a public contract or concession, to examine information on foreign financial contributionsubsidies to the participating undertakings in the context of a public procurement procedure. Prior notifications should be mandatory above a threshold set in this Regulation to capture economically significant cases while minimising the administrative burden and not hindering the participation of SMEs in public procurement. That obligation of prior notification above a threshold should also apply to groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU of the European Parliament and of the Council40 , Article 19(2) of Directive 2014/24/EU of the European Parliament and of the Council41 and Article 37(2) of Directive 2014/25/EU of the European Parliament and of the Council42 . It should also apply to the main subcontractors and the main suppliers of undertaking. _________________ 40 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1). 41 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 42 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Amendment 136 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
(2) For the purpose of Article 28, a notifiable foreign financial contribution in an EU public procurement procedure shall be deemed to arise where the estimated value of that public procurement is equal or greater than EUR 25100 million.
Amendment 138 #
Proposal for a regulation
Recital 34
Recital 34
(34) When a foreign financial contributionsubsidy is notified in the context of a public procurement procedure, the assessment should be limited to that procedure.
Amendment 144 #
Proposal for a regulation
Recital 37
Recital 37
(37) Taking into account the nature of the ex ante review mechanism for concentrations and public procurement awards, and the need for legal certainty regarding these specific transactions, a concentration or public procurement tender notified and assessed under the respective procedures cannot be reviewed again by the Commission on its own initiative. Financial contributions or advantage of which the Commission was informed through the notification procedure may however also be relevant outside the concentration or procurement procedure. In order to gather information on foreign subsidies, the Commission should have the possibility to launch investigations regarding specific sectors of the economy, particular types of economic activity or the use of particular foreign subsidy instruments.
Amendment 145 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
(2) The obligation to notify foreign financial contributions under this paragraph shall extend to economic operators, groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU, Article 19(2) of Directive 2014/24/EU and Article 37(2) of Directive 2014/25/EU, main subcontractors and main suppliers. A subcontractor or supplier shall be deemed to be main where their participation ensures key elements of the contract performance and in any case where the economic share of their contribution exceeds 320% of the estimated value of the contract.
Amendment 153 #
Proposal for a regulation
Recital 47
Recital 47
(47) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in accordance with Article 291 of the Treaty. Those powers should be exercised to set out the form and content of notifications of concentrations as well as of financial contributionoreign subsidies in the context of public procurement procedures, details of disclosure, form and content of transparency requirements, calculation of time-limits, conditions and time-limits for commitments and detailed rules on the procedural steps concerning investigations regarding public procurement procedures. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 160 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure a level playing field on the internal market also in the long term, with a view to ensuring adequate coverage of cases investigated both through notifications as well as ex officio, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amending the notification thresholds for concentrations and for public procurement procedures, exempting certain categories of undertakings from the notification obligations under this Regulation, as well as amending the time limits for the preliminary review and the in-depth investigations of notified concentrations or notified financial contributionoreign subsidies in the context of a public procurement procedure. In relation to financial contributionoreign subsidies in the context of a public procurement procedure, the power to adopt such acts should be exercised in a way that takes into account the interests of SMEs. It is of particular importance that the Commission carries out appropriate consultations during the preparations of those acts, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making47 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 47 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 163 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
(4) The Commission may adopt a decision closing the in-depth investigation no later than 200 days after it received the notification. In exceptional circumstances, this time limit may be extended for 60 days after consultation with the concerned contracting authority or contracting entity.
Amendment 163 #
Proposal for a regulation
Recital 49
Recital 49
(49) Where a concentration is notifiable pursuant to this Regulation, financial contributionsoreign subsidy to any of the parties to the concentration granted in the three years prior to the date of application of this Regulation should fall within the scope of this Regulation. In the context of a public procurement procedure, this Regulation should also apply to a financial contributionoreign subsidy granted to an undertaking in the three years prior to the date of application of this Regulation,
Amendment 164 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
(2) This Regulation addresses foreign subsidies grantedconferring an advantage to an undertaking engaging in an economic activity in the internal market. Such advantage is deemed to exist from any moment it can cause distortions, including prior to the actual receipt of, or entitlement to, the subsidy by the beneficiary. An undertaking acquiring control or merging with any undertaking established in the Union or an undertaking participating in a public procurement procedure is considered to be engaging in an economic activity in the internal market.
Amendment 167 #
(1) For the purpose of this Regulation, a foreign subsidy shall be deemed to exist where a third country provides a financial contribution or any other advantage which confers a benefit to any undertaking engaging in an economic activity in the internal market and which is limited, in law or in fact, to an individual undertaking or industry or to several undertakings or industrieincluding any commercial interaction with a public or private operator, regardless of the place where the commercial interaction occurs, and which is limited, in law or in fact, to an individual undertaking or industry or to several undertakings or industries. Such advantage shall be considered to exist from the moment it first causes a disruption, even if it is prior to the beneficiary's receipt of the subsidy or being fully entitled to it. This may occur if the advantage is conditional or if there is a pattern of advantages granted to the latter beneficiary in similar situations.
Amendment 170 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1 a) other advantages shall include regulatory requirements which are lower than those set in the Union as well as all economic benefits that could not be obtained on normal market conditions, such as:
Amendment 172 #
Proposal for a regulation
Article 2 – paragraph 2 – point a – introductory part
Article 2 – paragraph 2 – point a – introductory part
(a) a financial contribution shall include, inter alia:
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
Amendment 185 #
Proposal for a regulation
Article 2 – paragraph 2 – point b – introductory part
Article 2 – paragraph 2 – point b – introductory part
(b) the financial contribution or any other advantage provided by the third country shall include the financial contribution or advantage provided by:
Amendment 188 #
Proposal for a regulation
Article 2 – paragraph 2 – point b – point iii
Article 2 – paragraph 2 – point b – point iii
(iii) any private entity whose actions can be attributed to the third country, taking into account all relevant circumstances, or whose actions cannot clearly be demonstrated to be independent of government policies.
Amendment 211 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2 a) The European Commission's findings of subsidies benefitting third country producers in a given sector made in relevant and recent Trade Defence Instruments (TDIs) investigations, or subsidies documented in reports published by international intergovernmental organizations shall constitute sufficient evidence of distortive subsidies to operators in the countries and sectors concerned having met the relevant threshold.
Amendment 219 #
Proposal for a regulation
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
(4) a foreign subsidy enabling an undertaking to submit an unduly advantageous tender, on the basis of which the undertaking would be awarded the public or private contract.
Amendment 221 #
Proposal for a regulation
Article 4 – paragraph 1 – point 4 a (new)
Article 4 – paragraph 1 – point 4 a (new)
(4 a) all export financing subsidies granted by third countries which are not signatories to the OECD Arrangement on officially supported export credits where they cause a distortion in the internal market;
Amendment 224 #
Proposal for a regulation
Article 4 – paragraph 1 – point 4 b (new)
Article 4 – paragraph 1 – point 4 b (new)
(4 b) all foreign subsidy to beneficiaries active in sectors which are characterized by structural excess capacity; featuring high-tech and/or dual-use products to a significant extent; or are designated as strategic by the government providing the subsidies.
Amendment 225 #
Proposal for a regulation
Article 4 – paragraph 1 – point 4 c (new)
Article 4 – paragraph 1 – point 4 c (new)
(4 c) foreign subsidies to operators which have privileged and/or protected access to a significant non-EU market, especially if the non-EU market is the operator's domestic market.
Amendment 233 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) The Commission shall, where warranted, balance the negative effects of a foreign subsidy in terms of distortion on the internal market with positive effects on the development of the relevant economic activity, based on the contribution of a foreign subsidy to the fulfilment of the objectives of the EU policies in the field concerned.
Amendment 238 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) The Commission shall take into account the balancing between the negative and positive effects when deciding whether to impose redressive measures or to accept commitments, and the nature and level of those redressive measures or commitments. The general objective of tackling distortions created by foreign subsidies, in particular those which may endanger the preservation of a strong industrial base in the Union with sustainable and diversified supply chains, should be given special consideration.
Amendment 243 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2 a) The Commission shall carry out a full, thorough and timely consultation of relevant Union industries affected by the distortions. The Commission may - in close cooperation with Member States and relevant stakeholders and industries affected by the distortions - publish guidelines on the application of this article, in order to further specify what constitutes a negative effect and the indicators used in the before-mentioned evaluation. The Parliament and the Council shall regularly be informed.
Amendment 256 #
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
(3) Commitments or redressive measures may consist of the following non-exhaustive list:
Amendment 260 #
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) reducing capacity or market presence notably by means of temporary market access restrictions, temporary restrictions in the supply of goods or services in the internal market where the related economic activity is distorted as a result of foreign subsidies, taking into account sectorial specificities;
Amendment 271 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
(6) Where the undertaking concerned proposes to repay the foreign subsidy including an appropriate interest rate, the Commission shallmay accept such repayment as commitment if it can ascertain that the repayment is transparent and effective, while taking into account the risk of circumvention. However, the Commission may impose other redressive measures than the repayment in presence of major subsidies, strategic sectors and/or State owned or controlled companies.
Amendment 275 #
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
(6 a) When choosing whether to accept commitments offered by the undertaking or which is the most appropriate and effective redressive measure to adopt, the Commission shall thoroughly consult affected Union industries, taking into account their sectoral specificities.
Amendment 280 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission may on its own initiative or upon request from a Member State or from the Union industry examine information from any source regarding alleged distortive foreign subsidies.
Amendment 289 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
(1) The Commission shall seek all the information it considers necessary to assess, on a preliminary basis, whether the financial contribution or advantage under examination constitutes a foreign subsidy and whether it distorts the internal market. To that end, the Commission may in particular:
Amendment 295 #
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(c a) Where appropriate, set interim measures in accordance with article 10
Amendment 302 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
(1) During the in-depth investigation, the Commission shall further assess the foreign subsidy distorting the internal market that has been identified in the decision to initiate the in-depth investigation, seeking all the information it considers necessary in accordance with Articles 11, 12 and 13. The Commission shall report to the Parliament and the Council on the results of the investigation.
Amendment 309 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
The Commission may take interim measures, including during the preliminary review period, where:
Amendment 312 #
Proposal for a regulation
Article 10 – paragraph 1 – point 1
Article 10 – paragraph 1 – point 1
(1) there are indications that a financial contribution or advantage constitutes a foreign subsidy and distorts the internal market; and
Amendment 315 #
Proposal for a regulation
Article 10 – paragraph 1 – point 2
Article 10 – paragraph 1 – point 2
(2) there is a serious risk of substantial and irreparable damage to competition on the internal market. Such serious risk is likely to occur in the case of subsidies operators in sectors which are targeted by national strategic plans in third countries or are otherwise considered strategic, affected by structural excess capacities, or dominated by the presence of State-owned enterprises in the country granting the subsidies.
Amendment 352 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
(3) Where an undertaking concerned, including a public undertaking which is directly or indirectly controlled by the State, fails to provide the necessary information to determine whether a financial contribution or advantage confers a benefit to it, that undertaking may be deemed to have received such benefit.
Amendment 354 #
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
Amendment 362 #
Proposal for a regulation
Article 15 – paragraph 6 a (new)
Article 15 – paragraph 6 a (new)
(6 a) The Commission may consult the Member States concerned as well as Union industries affected, in order to assess whether a fine or periodic penalty payment -or a combination of both- is an appropriate measure.
Amendment 370 #
Proposal for a regulation
Article 18 – paragraph 3 – point a
Article 18 – paragraph 3 – point a
(a) the acquired undertaking or at least one of the merging undertakings is established in the Union and generates an aggregate turnover in the Union of at least EUR 2500 million; and
Amendment 378 #
Proposal for a regulation
Article 18 – paragraph 3 – point b
Article 18 – paragraph 3 – point b
(b) the undertakings concerned received from third countries an aggregate financial contributionaggregate foreign subsidies in the three calendar years prior to notification of more than EUR 50 million.
Amendment 383 #
Proposal for a regulation
Article 18 – paragraph 4 – point a
Article 18 – paragraph 4 – point a
(a) the joint venture is contemplated to be active in the Union and the joint venture itself or one of its parent undertakings is established in the Union and generates an aggregate turnover in the Union of at least EUR 500 million; and
Amendment 387 #
Proposal for a regulation
Article 18 – paragraph 4 – point b
Article 18 – paragraph 4 – point b
(b) the joint venture itself and its parent undertakings received from third countries an aggregate financial contributionaggregate foreign subsidies in the three calendar years prior to notification of more than EUR 50 million.
Amendment 391 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 398 #
Proposal for a regulation
Article 22 – title
Article 22 – title
Aggregation of financial contributionoreign subsidies
Amendment 399 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
The aggregate financial contributionoreign subsidies to an undertaking concerned shall be calculated by adding together the respective financial contributionoreign subsidies received from third countries by all undertakings referred to in Article 21(4), points (a) to (e).
Amendment 405 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
(2) The Commission may initiate an in- depth investigation under Article 8(2) no later than 25 working days after receipt of the complete notification, and shall publish a notice of initiation in the Official Journal of the European Union, which invites interested parties, Member States and the third country concerned to express their views in writing within a prescribed period of time. The interested parties which have made themselves known, shall be heard within the period prescribed in the latter published notice, making a written request for a hearing and showing that they are an interested party likely to be affected by the result of the proceedings. Opportunities shall, on request, be provided to interested parties so that opposing views may be presented and rebuttal arguments offered.
Amendment 426 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
(2) For the purpose of Article 28, a notifiable foreign financial contributionsubsidies in an EU public procurement procedure shall be deemed to arise where the estimated value of that public procurement is equal or greater than EUR 250 million.
Amendment 428 #
Proposal for a regulation
Article 28 – title
Article 28 – title
Prior notification of foreign financial contributionsubsidies in the context of public procurement procedures
Amendment 432 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
(1) When submitting a tender or a request to participate in a public procurement procedure, undertakings shall either notify to the contracting authority or the contracting entity all foreign financial contributionsubsidies received in the three years preceding that notification or confirm in a declaration that they did not receive any foreign financial contributionsubsidies in the last three years. Undertakings which do not submit such information or declaration shall not be awarded the contract. The notification must take place when submitting a request for prequalification for public procurement procedures which include a prequalification stage before the tendering phase.
Amendment 440 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
(2) The obligation to notify foreign financial contributionsubsidies under this paragraph shall extend to economic operators, groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU, Article 19(2) of Directive 2014/24/EU and Article 37(2) of Directive 2014/25/EU, main subcontractors and main suppliers. A subcontractor or supplier shall be deemed to be main where their participation ensures key elements of the contract performance and in any case where the economic share of their contribution exceeds 30% of the estimated value of the contract.
Amendment 441 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
(5) Where the undertaking, economic operators or groups of economic operators referred to in paragraph 1 fail to notify a foreign financialsubsidies contribution, or where such a notification is not transferred to the Commission, the Commission may initiate a review.
Amendment 446 #
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
(6) Where the Commission suspects that an undertaking may have benefitted from foreign subsidies in the three years prior to the submission of the tender or request to participate in the public procurement procedure, it may request the notification of the foreign financial contributionsubsidies received by that undertaking in any public procurement procedure which are not notifiable under Article 27(2) or fall within the scope of paragraph 5 of this Article, at any time before the award of the contract. Once the Commission has requested -itself or upon request of a Member State- the notification of such a financial contributionsubsidies, it is deemed to be a notifiable foreign financial contributionsubsidy in a public procurement procedure.
Amendment 449 #
Proposal for a regulation
Article 29 – title
Article 29 – title
Procedural rules applicable to the preliminary review and the in-depth investigation of notified financial contributionoreign subsidies in public procurement procedures
Amendment 450 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
(1) Articles 8, 9 (1), (3) and (4), 11, 12, 13, 14, 16 and 22 shall apply to notified financial contributionoreign subsidies in public procurement procedures.
Amendment 453 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
(2) The Commission shall carry out a preliminary review no later than 630 days after it received the notification.
Amendment 460 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
(4) The Commission may adopt a decision closing the in-depth investigation no later than 2100 days after it received the notification. In exceptional circumstances, this time limit may be extended after consultation with the concerned contracting authority or contracting entity.
Amendment 466 #
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29 a Aggregation of financial contributions The aggregate financial contribution to an undertaking concerned shall be calculated by adding together the respective financial contributions received from third countries by all undertakings referred to in Article 21(4), points (a) to (e).
Amendment 481 #
Proposal for a regulation
Article 32 – title
Article 32 – title
Fines and periodic penalty payments applicable to financial contributionoreign subsidies in the context of public procurement procedures
Amendment 483 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
(1) A financial contributionoreign subsidy notified in the context of a concentration under Article 19 may be relevant and assessed again in relation to another economic activity.
Amendment 484 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
(2) A financial contributionoreign subsidy notified in the context of a public procurement procedure under Article 28 may be relevant and assessed again in relation to another economic activity.
Amendment 493 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
(1) The powers of the Commission under Article 9 shall be subject to a limitation period of ten years, starting onfrom the day on which a foreign subsidy is granted to the undertaking concernedlater of the actual moment of receipt of the subsidy or moment at which the related distortion first appears in the EU. Any action taken by the Commission under Articles 8, 11, 12, 13 or 134 with respect to a foreign subsidy shall interrupt the limitation period. After each interruption, the limitation period shall start to run afresh.
Amendment 499 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
(1) The Commission shall, before adopting a decision pursuant to Articles 9, 15, 24(3) point (c), 25, 30(2) or 32 give all the interested parties likely yo be affected by the result of the proceeding -such as the undertaking concerned- the opportunity to submit observationsaccess the relevant documentation, submit observations and provide relevant evidence on the grounds on which the Commission intends to adopt its decision.
Amendment 501 #
Proposal for a regulation
Article 40 – paragraph 7
Article 40 – paragraph 7
(7) An investigation pursuant to this Regulation shall not be carried out and measures shall not be imposed or maintained where such investigation or measures would be contrary to the Union’s obligations emanating from any relevant international agreement it has entered into. In particular, no action shall be taken under this Regulation which would amount to a specific action against a subsidy within the meaning of Article 32.1 of the Agreement on Subsidies and Countervailing Measures. This Regulation shall not prevent the Union from exercising its rights or fulfilling its obligations under international agreements, except where the third country granting the subsidy is not a WTO Member or where the Commission has well-founded indications that the third country granting the subsidy is in substantial non-compliance with notification obligations under the Agreement on Subsidies and Countervailing Measures or under other international agreements, at least with regard to the sector concerned. Provided that, regardless of the sector involved, actions may always be taken under this Regulation in relation to foreign subsidies which cause distortions on the internal market in public procurement procedures or in relation to concentrations.
Amendment 506 #
Proposal for a regulation
Article 42 – paragraph 1 – point b
Article 42 – paragraph 1 – point b
(b) the form, content and procedural details of notifications of foreign financial contributionsubsidies in public procurement procedures pursuant to Article 28;
Amendment 507 #
Proposal for a regulation
Article 42 – paragraph 1 – point f
Article 42 – paragraph 1 – point f
(f) detailed rules on the application of redressive measures under article 6 and the conditions and time limits for proposing commitments under Article 30;
Amendment 510 #
Proposal for a regulation
Article 44
Article 44
Amendment 518 #
Proposal for a regulation
Article 45
Article 45
Amendment 522 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Within fivthree years after the entry into force of this Regulation at the latest, and every two years thereafter, the Commission shall present a report to the European Parliament and the Council on the application and effectiveness of this Regulation, accompanied, where the Commission considers it appropriate, by relevant legislative proposals.
Amendment 532 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
(2) This Regulation shall apply to foreign financialsubsidies contributions granted in the three years prior to the date of application of this Regulation where such foreign financial contributions were granted to an undertaking notifying a concentration or notifying financial contributionoreign subsidies in the context of a public procurement procedure pursuant to this Regulation.