11 Amendments of Seán KELLY related to 2021/0402(COD)
Amendment 60 #
Proposal for a regulation
Recital 5
Recital 5
(5) The modern interconnected world economy creates an increased risk of, and opportunity for, economic coercion, as it provides countries with enhanced, including hybrid, means to deploy such coercion. It is desirable that the Union contribute to the creation, development and clarification of international frameworks for the prevention and elimination of situations of economic coercion, taking into account the importance of the multilateral trading system within the World Trade Organization (WTO). The Union should also use WTO mechanisms to resolve the economic coercion concerns, where possible.
Amendment 77 #
Proposal for a regulation
Recital 10
Recital 10
(10) Any action undertaken by the Union on the basis of this Regulation should comply with the Union’s obligations under international law. International law allows, under certain conditions, such as proportionality and prior notice, the imposition of countermeasures, that is to say of measures that would otherwise be contrary to the international obligations of an injured party vis-à-vis the country responsible for a breach of international law, and that are aimed at obtaining the cessation of the breach or reparation for it10. Accordingly, response measures adopted under this Regulation should take the form of either measures adhering to the Union’s international obligations or measures constituting permitted countermeasures. Under international law, and in accordance with the principle of proportionality, they should not exceed a 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 Union’s rights and interests in question. In this respect, injury to the Union or a Member State is understood under international law to include injury to Union economic operators. Measures authorised under this Regulation should be deemed to be ‘lawful’, taking into account the role of the EU as the gatekeeper of the multilateral trading system, and the instrument should, above all, have a deterrence effect. _________________ 10 See Articles 22 and 49-53 of the Articles on Responsibility of States for Internationally Wrongful Acts, adopted by the United Nations’ International Law Commission at its fifty-third session, in 2001, and taken note of by the United Nations General Assembly in resolution 56/83.
Amendment 87 #
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 interest. Neither the interests of the Union nor those of any individual Member State should be put at a greater disadvantage than the interests of the country that is the focus of the anti-coercion 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 99 #
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 102 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to allow the update of the range of Union response measures under this Regulation and the adjustment of the rules of origin or of other technical rules, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be aligned with the Enforcement Regulation and delegated to the Commission to amend the list of Union responses set out in Annex I and technical rules necessary for the application of the Regulation, including rules of origin laid down in Annex II. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making12. 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. _________________ 12 OJ L 123, 12.5.2016, p. 1.
Amendment 163 #
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 shall notify them of anty developments.
Amendment 173 #
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 177 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
In the implementing act, the Commission shall also determine the appropriate Union response from among the measures provided for in Annex I, and it should be aligned with the Enforcement Regulation. Such measures may also apply with regard to natural or legal persons designated in accordance with Article 8. The Commission may also adopt measures which it can take pursuant to other legal instruments.
Amendment 215 #
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 questioneconomic impact of the measures on the Union or the Member States.
Amendment 229 #
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 keep the European Parliament and the Council regularly informed thereof.
Amendment 267 #
Proposal for a regulation
Annex I – paragraph 1 – point c
Annex I – paragraph 1 – point c
(c) the suspension of applicable international obligations, as necessary, and the introduction of restrictions on trade in goods made effective through measures applying to transiting goods or internal measures applying to goods.