24 Amendments of Helmut SCHOLZ related to 2021/0402(COD)
Amendment 66 #
Proposal for a regulation
Recital 6
Recital 6
(6) Whilst always acting within the framework of international law, it is essential that the Union possess an appropriate instrument to deter and counteract economic coercion by third countries in order to safeguard its rights and interests and those of its Member States. This is particularly the case where third countries take measures affecting trade or investment that interfere in the legitimate sovereign choices of the Union or a Member State by seeking to prevent or obtain the cessation, modification or adoption of a particular act by the Union or a Member State. Such measures affecting trade or investment may include not only actions taken on, and having effects within, the territory of the third country, but also actions taken by the third country, including through entities controlled or directed by the third country and present in the Union, that cause harm to economic activities in the Union., as well as extraterritorial sanctions to deter European economic actors from operating in target countries, and which, because of their significant extraterritorial dimension, affect EU businesses and individuals, and ultimately the sovereignty of the European Union's choices
Amendment 89 #
Proposal for a regulation
Recital 15
Recital 15
(15) The Union should only impose countermeasures when other means such as negotiations, mediation or adjudication do not lead to the prompt and effective cessation of the economic coercion and to reparation of the injury it has caused to the Union or its Member States, and where action is necessary to protect the interests and rights of the Union and its Member States and it is in the Union’s interesanti-coercion measures after exhausting other remedies such as negotiations, mediation or adjudication at the WTO dispute settlement mechanism, these must be a precondition for the triggering of this instrument. It is appropriate that the Regulation sets out the applicable rules and procedures for the imposition and application of Union response measures and permits expeditious action where necessary to preserve the effectiveness of any Union response measures.
Amendment 95 #
Proposal for a regulation
Recital 18
Recital 18
(18) In pursuing the objective of obtaining the cessation of the measure of economic coercion, Union response measures consisting of restrictions on foreign direct investment or on trade in services should only apply with regard to services supplied, or direct investments made, within the Union by one or more legal persons established in the Union which are owned or controlled by persons of the third country concerned where necessary to ensure the effectiveness of Union response measures and in particular to prevent their avoidance. The decision to impose any such restrictions will be duly justified in implementingdelegated acts adopted pursuant to this Regulation in the light of the criteria specified in this Regulation.
Amendment 103 #
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission should adopt immediately applicable implementing acts of limited durationpropose delegated acts where, in duly justified cases relating to the adoption, amendment, suspension or termination of Union response measures, imperative grounds of urgency so require.
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules and procedures in order to ensure the effective protection of the interests of the Union and its Member States where a third country seeks, through measures affecting trade or investment, including extra- territorial sanctions, to coerce the Union or a Member State into adopting or refraining from adopting a particular act. This Regulation provides a framework for the Union to respond in such situations with the objective to deter, or have the third country desist from such actions, whilst permitting the Union, in the last resort, to counteract such actions.
Amendment 119 #
Proposal for a regulation
Article 2 – paragraph 1 – indent 1
Article 2 – paragraph 1 – indent 1
— interferes in the legitimate sovereign choices of the Union or a Member State by seeking to prevent or obtain the cessation, modification or adoption of a particular act by the Union or a Member State, including extra-territorial sanctions
Amendment 169 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Commission shall adopt an implementingpropose delegated act determining that it shall take a Union response measure where:
Amendment 178 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
In the implementingdelegated act, the Commission shall also determinpropose the appropriate Union response from among the measures provided for in Annex I. Such measures may also apply with regard to natural or legal persons designated in accordance with Article 8. The Commission may also adoptpropose measures which it can take pursuant to other legal instruments.
Amendment 181 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
The implementingdelegated act shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 184 #
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 implementingdelegated 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.
Amendment 188 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall, upon adoption of the implementingdelegated 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, and inform the third country concerned that the Union response measure will apply, unless the economic coercion ceases.
Amendment 195 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The implementingdelegated 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 implementingdelegated act, where the Commission has credible information that the third country has 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 201 #
6. On duly justified imperative grounds of urgency to avoid irreparable damage to the Union or its Member States by the measures of economic coercion the Commission shall adopt immediately applicable implementingapplicable delegated acts imposing Union response measures, in accordance with the procedure referred to in Article 15(3). The requirements set out in paragraphs 2 to 5 shall apply. Those acts shall remain in force for a period not exceeding three months.
Amendment 207 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The Commission may provide, in the implementing act referred to in Article 7(1), or in a separate implementingpose delegated act, that:
Amendment 208 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Those measures shall apply as of the same date of application as the Union response measures adopted pursuant to Article 7, or as of a later date specified in the implementingdelegated act pursuant to this paragraph.
Amendment 209 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 211 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Any decision to apply restrictions with regard to services supplied, or direct investments made, within the Union by one or more legal persons established in the Union shall be duly justified in the implementingdelegated act referred to in paragraph 1 of Article 7 in light of the above criteria.
Amendment 233 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the third country concerned suspends the economic coercion, or where it is necessary in the Union’s interest, the Commission may propose to suspend the application of the respective Union response measure for the duration of the third country’s suspension, or as long as necessary in light of the Union’s interest. The Commission shall suspend the Union response measures if the third country concerned has offered, and the Union has concluded, an agreement to submit the matter to binding international third-party adjudication and the third country is also suspending its measures of economic coercion. The Commission shall, by means of an implementing act, decid propose to suspend the Union response measure. These implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 235 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where it is necessary to make adjustments to Union response measures taking into account the conditions and criteria laid down in Articles 2 and 9(2), or further developments, including the third country’s reaction, the Commission may propose, as appropriate, to amend Union response measures adopted in accordance with Article 7, by means of an implementingdelegated act, in accordance with the examination procedure referred to in Article 15(2).
Amendment 239 #
The termination of Union response measures adopted in accordance with Article 7 shall be decided, by means of an implementing delegated act, in accordance with the examination procedure referred to in Article 15(2).
Amendment 240 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementingpropose to adopt applicable delegated acts suspending, amending or terminating Union response measures adopted in accordance with Article 7. Those implementingdelegated acts shall be adopted in accordance with the procedure referred to in Article 15(3) and they shall remain in force for a period not exceeding two months.
Amendment 251 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The Commission shall take utmost account of the information gathered during the information gathering exercise. An analysis of the envisaged measures shall accompany the draft implementingdelegated act when submitted to the committee in the context of the examination procedure referred to in Article 15(2).
Amendment 254 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Prior to the adoption of an implementingdelegated act in accordance with Article 7(6) or Article 10(5), the Commission shall seek information and views from relevant stakeholders in a targeted manner, unless the imperative grounds of urgency are such that information seeking and consultations are not possible or not needed for objective reasons, for instance to ensure compliance with international obligations of the Union.
Amendment 265 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. No later than three years after the adoption of the first implementingdelegated act under this Regulation or six years after the entry into force of this Regulation, whichever is earlier, the Commission shall review this Regulation and its implementation and shall report to the European Parliament and the Council.