19 Amendments of Helmut SCHOLZ related to 2012/0163(COD)
Amendment 19 #
Proposal for a regulation
Recital 1
Recital 1
(1) With the entry into force of the Lisbon Treaty, the Union has acquired exclusive competence for the conclusion of international agreements on investment protection. The Union, like the Member States, is already party to the Energy Charter Treaty which provides for investment protection.
Amendment 20 #
Proposal for a regulation
Recital 2
Recital 2
(2) Agreements providing for investment protection typicallysometimes include an investor- to- state dispute settlement mechanism; if they do, wthichs allows an investor from a third country to bring a claim against a state in which it has made an investment. Investor-to-state dispute settlement can result in awards for monetary compensation. Furthermore, significant costs for administering the arbitration as well as costs relating to the defence of a case will inevitably be incurred in any such case.
Amendment 23 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
Amendment 38 #
Proposal for a regulation
Recital 12
Recital 12
(12) It is appropriate that the Commission decideput forward a proposal, within the framework set down in this regulation, as to whether the Union should be the respondent or whether a Member State should act as respondent. As a matter of principle, however, Member States should retain the right to submit an objection to the Court of Justice of the European Union.
Amendment 39 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 45 #
Proposal for a regulation
Recital 17
Recital 17
(17) Where an award has been rendered against the European Union, that award should be paid without delay. The Commission should make arrangements for the payment of such awards, unless a Member State has already accepted financial responsibility When the brief for the negotiation of an investment protection agreement incorporating such a mechanism is drawn up, the Commission should therefore propose that a corresponding reserve be constituted in the budget.
Amendment 50 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation applies to investor-to- state dispute settlement conducted pursuant to an agreement to which the Union is a party and initiated by a claimant of a third country in cases where one party is accused of overstepping its legislative powers and all legal remedies in the states which are parties have been exhausted.
Amendment 64 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
b) the Member State concerned shall bear the financial responsibility arising from treatment afforded by that Member State, except where such treatment was permissible or required by the law of the Union.
Amendment 66 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Notwithstanding point (b) of the first subparagraph, where the Member State concerned is required to act pursuant to the law of the Union in order to remedy the inconsistency with the law of the Union of a prior act, that Member State shall be financially responsible unless the adoption of such prior act was permissible or required by the law of the Union.
Amendment 68 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where provided for in this Regulation, the Commission shall adopt a decision determining the financial responsibility of the Member State concerned in accordance with the criteria laid down in paragraph 1. The Member State concerned may object to the Commission's determination within one month. The objection shall be referred to the Court of Justice of the European Union for a ruling. The Court of Justice of the European Union shall have the power to take a final decision on the allocation of liability between the Union and a Member State.
Amendment 81 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The Commission may decide, within 30 days of receiving notice or notification referred to in Article 7, that the Union shall also act as respondent where one or more of the following circumstances arise:
Amendment 94 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 100 #
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, in the event of a ruling against the respondent to the claim, where it considers that the consistency or correctness of the interpretation of the agreement so warrant, require the Member State to lodge an application 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 question.
Amendment 108 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 111 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
d) there is no overriding interest of the Union against the settlement.eleted
Amendment 117 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Unless the Member State concerned objects to the Commission's determination within one month, the Member State concerned shall compensate the budget of the Union for the payment of the award or the settlement no later than three months after the Commission's decision. The objection shall be referred to the Court of Justice of the European Union for a ruling. The Member State concerned shall be liable for any interest due at the rate applying to other monies owed to the budget of the Union.
Amendment 118 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. If the Member State concerned objects, unless the Commission agrees with the Member State's objectdecision shall not take effect until the Court of Justice of the European Union has ruled on its material correctness. If the CJEU confirms the Commission’s decision, the Commission shall adopt a decision within three months of receipt of the Member State’s objection, requiring the Member State concerned to reimburse the amount paid by the Commission, together with interest at the rate applying to other monies owed to the budget of the Union.
Amendment 119 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 121 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2