23 Amendments of Iuliu WINKLER related to 2021/0402(COD)
Amendment 73 #
Proposal for a regulation
Recital 8
Recital 8
(8) The objectives of this Regulation, in particular counteracting third countries’ economic coercion of the Union or a Member State, cannot be sufficiently achieved by Member States acting on their own. This is because Member States as distinct actors under international law may not be entitled under international law to respond to economic coercion directed against the Union. Additionally, because of the exclusive competence conferred on the Union by Article 207 of the Treaty on the Functioning of the European Union, Member States are prevented from taking common commercial policy measures as a response to economic coercion. Therefore, those objectives can be achieved with greater effectiveness atit is necessary that the means for achieving those objectives are created at the Union level.
Amendment 76 #
Proposal for a regulation
Recital 9
Recital 9
(9) In accordance with the principle of proportionality, it is necessary and appropriate, for creating an effective and comprehensive framework for Union action against economic coercion, to lay down rules on the examination, determination and counteraction with regard to third countries’ measures of economic coercion. In particular, the Union’s response measures should be preceded by an examination of the facts, a determination of the existence of economic coercion, and, wherever possible, efforts to find a solution in cooperation with the third country concerned. Any measures imposed by the Union should be commensurate with the injury caused by the third countries’ measures of economic coercion. The criteria for defining the Union response measures should take into account in particular the need to avoid or minimise collateral effects, administrative burdens and costs imposed on Union economic operators as well as the Union’s interest. Any Union response measures should primarily take into account their likelihood and ability to induce the third country to cease the coercive measures. Therefore, this Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) of the Treaty on European Union.
Amendment 82 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Commission should examine whether third-country measures are coercive, on its own initiative or following information received from any source, including legal and natural persons, the European Parliament or a Member State. Following this examination, the Commission should determine in a decision whether the third-country measure is coercive. The Commission should publicly communicate any affirmative determinationthe result of this examination. In the case of an affirmative determination, the Commission should communicate to the third country concerned, together with a request that the economic coercion cease and a request, where appropriate, that any injury be repaired.
Amendment 92 #
Proposal for a regulation
Recital 16
Recital 16
(16) Union response measures adopted in accordance with this Regulation should be selected and designed on the basis of objective criteria, including: first and foremost, the effectiveness of the measures in inducing the cessation of coercion by the third country; their potential to provide relief to economic operators within the Union affected by the third-country measures of economic coercion; the aim of avoiding or minimising negative economic and other effects on the Union; and the avoidance of disproportionate administrative complexity and costs. It is also essential that the selection and design of Union response measures take account of the Union’s interest. Union response measures should be selected from a wide array of options in order to allow the adoption of the most suitable measures in any given case.
Amendment 100 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is important to ensure an effective and regular 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.
Amendment 104 #
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should evaluate measures adopted under this Regulation as to their effectiveness and operation and as to possible conclusions for future measures. The Commission should also review this Regulation after gaining sufficient experience with the existence or application of this Regulation., as well as to take account of the review of the Blocking Statute.1a This review should cover the scope, functioning, efficiency and effectiveness of this Regulation. The Commission should report on its assessment to the European Parliament and the Council, _________________ 1a Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, OJ L 309,29.11.1996, p. 1–6
Amendment 113 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Definitions For the purposes of this Regulation, the following definitions apply: (a) "threat of coercion" means a substantiated threat of a third country action or measure that is credible, significant, and could be quickly and easily deployed; b) “failure to act” means failure by a third country to take measures or actions to implement existing agreements that are fully ratified with the European Union or a Member State affecting trade or investment; (c) “Union interest” means ensuring the social, political, and economic cohesion of the union, upholding its strategic and economic interests, and ensuring the integrity of the single market;
Amendment 120 #
Proposal for a regulation
Article 2 – paragraph 1 – indent 2
Article 2 – paragraph 1 – indent 2
— by applying or threatening to apply measures affecting trade or investment. or failing to implement existing agreements that are fully ratified with the European Union or a Member State affecting trade or investment;
Amendment 133 #
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) whether the third country is applying the measures as part of a broader pattern of behaviour against the interests or policy decisions of the Union or a Member State.
Amendment 139 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. The Commission shall carry out the examination referred to in paragraph 1 in the event of a substantiated request of a Member State or the European Parliament.
Amendment 143 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
The Commission mayshall publish a notice in the Official Journal of the European Union or through other suitable public communication means withof the launch of an examination procedure and may include an invitation to submit information within a specified time limit. In that event, the Commission shall notify the third country concerned of the initiation of the examination.
Amendment 154 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The Commission shall be open toproactively engage on behalf of the Union with the third country concerned, to explore options with a view to obtaining the cessation of the economic coercion. Such options may include:
Amendment 164 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
The Commission shall keep the European Parliament and the Council informed of relevregularly informed and provide notice of anty developments.
Amendment 174 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) action pursuant to the Articles 4 and 5 has not resulted in the cessation of the economic coercion and, where appropriate, reparation of the injury it has caused to the Union or a Member State within a reasonable period of time;
Amendment 183 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Where the conditions referred to in points (a), (b), and (c) are met in response to an affirmative determination of economic coercion by means of extra- territorial sanctions, the Commission shall only adopt an implementing act after it has exhausted the recourse to action provided by Council Regulation (EC) No 2271/96 of 22 November 1996.
Amendment 186 #
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 implementing 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, as well as to allow sufficient time for business to adequately prepare for any anticipated effects.
Amendment 190 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall, upon adoption of the implementing 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 on the third country concerned to promptly cease the economic coercion, offer to negotiate a solution including, where appropriate, the reparation of the injury caused by it to the Union and its Members States, and inform the third country concerned that the Union response measure will apply, unless the economic coercion ceases.
Amendment 194 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The implementing 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 implementing act, where the Commission has credible information that the third country haswill 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 214 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Any Union response measure shall not exceed the level that is commensurate with the injury suffered by the Union or a Member State due to the third country’s measures of economic coercion, taking into account the gravity of the third country’s measures and the rights in question. economic impact that the measures are having on the Union or a Member State.
Amendment 220 #
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) the avoidance or minimisation of negative impacts on affected actors by Union response measures, including the availability and cost differentiation of alternatives for affected actors, for example alternative sources of supply for goods or services;
Amendment 230 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall keep under review the measures of economic coercion deployed by a third country that have triggered the Union response measures, the effectiveness of the Union response measures adopted and their effects on the Union’s interests and shall regularly keep the European Parliament and the Council informed thereof.
Amendment 241 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. A Member State or the European Parliament may request the Commission to amend, suspend, or terminate a Union response measure after 18 months of its application. The Commission shall respond to requests within six months and provide a justification for its decision.
Amendment 242 #
Proposal for a regulation
Article 10 – paragraph 5 b (new)
Article 10 – paragraph 5 b (new)
5 b. A Member State that has been subject to economic coercion shall have the right to request the Commission to review measures, if the Member State considers that the measures are no longer sufficient to counteract coercion or commensurate to the economic coercion imposed by the third country.