BETA

27 Amendments of Pablo ZALBA BIDEGAIN related to 2010/0197(COD)

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Recital 5

(5) In the interest of EU investors and their investments inand third countries, ~~and of~~ Member States hosting foreign investors and investments, bilateral agreements that specify and guarantee the conditions of investment should be maintained in force and remain binding on the parties under public international law unless replaced by new agreements that provide for at least the same level of investor protection. This will be applied not only to BITs already in force but also to BITs concluded and/or signed by the time of the entering in to force of this Regulation.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Recital 6

(6) This Regulation lays down ~~the conditions under which Member States should be authorised to~~a notification procedure in order to provide transparency on all bilateral agreements of the Member States that are maintained in force ~~or to permit to enter into force international agreements relating to investment~~. The notification may be withdrawn by a Member State if the respective agreement is terminated.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Recital 8

(8) As the authorisation to ~~maintain,~~ amend or conclude agreements covered by this Regulation is granted in an area of exclusive Union competence, it must be regarded as an exceptional measure. The authorisation is without prejudice to the application of Article 258 of the Treaty with respect to failures of Member States to fulfil obligations under the Treaties other than those concerning incompatibilities arising from the allocation of competences between the Union and its Member States there are grounds to justify this Regulation.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Recital 9

(9) Member States are required to take the necessary measures to eliminate incompatibilities, where they exist, with the law of the Union contained in Bilateral Investment Treaties concluded between them and third countries.deleted

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Recital 10

(10) The Commission should be able to withdraw the authorisation if an agreement conflicts with the law of the Union other than the incompatibilities arising from the allocation of competence between the Union and its Member States. The authorisation may also be withdrawn if an agreement of the Union in force with a third country contains investment provisions similar to those of a Member State agreement. In order to ensure that agreements of Member States do not undermine the development and implementation of the Union's policies relating to investment, including in particular of autonomous measures of common commercial policy, authorisation may be withdrawn. Finally, should the Council not take a decision on the authorisation to open negotiations concerning investment within one year of the submission of a recommendation by the Commission pursuant to Article 218(3) of the Treaty, the possibility would exist to withdraw the authorisation.deleted

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Recital 11

(11) The authorisation to amend or conclude agreements provided for by this Regulation notably allows Member States to address any incompatibilities between their international agreements relating to investment and the law of the Union~~, other than incompatibilities arising from the allocation of competences between the Union and its Member States,~~ which are addressed in this Regulation.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Recital 12

(12) No later than fiseven years after the entry into force of this Regulation, the Commission should present to the European Parliament and the Council a report on the application of Chapters II and III of this Regulation. This report should, inter alia, review the need for the continued application of these chapters. Where the report recommends to discontinue the application of the provisions of these Chapters or where it would propose to modify these provisions, it should be accompanied by an appropriate legislative proposal. Unless replaced by an agreement of the Union concerning investment, or otherwise terminated, bilateral agreements concluded by Member States with third countries remain binding on the parties under public international law.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Recital 13

(13) A~~greements authorised under this Regulation or a~~uthorisations to open negotiations to amend an existing or to conclude a new bilateral agreement with a third country should not in any case be allowed to constitute an obstacle to the implementation of the Union'’s policies relating to investment~~, in particular common commercial policy~~.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Recital 17

(17) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission,deleted

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 1

This Regulation establishes the terms, conditions and the procedure under which Member States ~~are authorised to~~ maintain in force, amend or conclude bilateral agreements with third countries relating to investment. This procedure is without prejudice to the respective competencies of the European Union and of the Member States.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Chapter 2 – title

~~Authorisation to maintain~~Maintenance of agreements in force

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 3

Authorisation to maintain agreements in Notwithstanding the Union's competences relating to investment and without prejudice to other obligations of Member States under the law of the Union, Member States are authorised in accordance with Article 2(1) of the Treaty to maintain in force bilateral agreements relating to investment that have been notified in accordance with Article 2 of this Regulation.rticle 3 deleted force

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 5 – paragraph 1

1. The Commission shall review the agreements notified pursuant to Article 2, including by assessing, in particular, whether the agreements: (a) conflict with the law of the Union other than the incompatibilities arising from the allocation of competences between the Union and its Member States, or (b) overlap, in part or in full, with an agreement of the Union in force with that third country and this specific overlap is not addressed in the latter agreement, or (c) constitute an obstacle to the development and the implementation of the Union's policies relating to investment, including in particular the common commercial policy.deleted

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 5 – paragraph 2

2. Consultation may take place between the Commission and the notifying Member State, either at the request of the Member State or on the initiative of the Commission, to facilitate the review referred to in paragraph 1.deleted

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 5 – paragraph 3

3. No later than fiseven years after the entry into force of this Regulation, the Commission shall present to the European Parliament and the Council a report on the application of this Chapter which shall review the need for the continued application of this Chapter~~, based on the review referred to in paragraph 1~~.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 6

Withdrawal of authorisation 1. The authorisation provided for in Article 3 may be withdrawn where: (a) an agreement conflicts with the law of the Union other than the incompatibilities arising from the allocation of competence between the Union and its Member States, or (b) an agreement overlaps, in part or in full, with an agreement of the Union in force with that third country and this specific overlap is not addressed in the latter agreement, or (c) an agreement constitutes an obstacle to the development and the implementation of the Union's policies relating to investment, including in particular the common commercial policy, or (d) the Council has not taken a decision on the authorisation to open negotiations on an agreement which overlaps, in part or in full, with an agreement notified under Article 2, within one year of the submission of a recommendation by the Commission pursuant to Article 218(3) of the Treaty. 2. When the Commission considers that there are grounds to withdraw the authorisation provided for in Article 3, it shall deliver a reasoned opinion to the Member State concerned on the necessary steps to be taken to comply with the requirements referred to in paragraph 1. Consultations shall take place between the Commission and the Member State concerned. 3. Where the consultations referred to in paragraph 2 fail to resolve the matter, the Commission shall withdraw the authorisation for the agreement concerned. The Commission shall take a decision on the withdrawal of the authorisation in accordance with the procedure referred to in Article 15(2). It shall include a requirement that the Member State takes appropriate action, and where necessary terminate the relevant agreement. 4. Where an authorisation is withdrawn, the Commission shall remove the agreement from the list referred to in Article 4.Article 6 deleted

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 8 – paragraph 1

1. Where a Member State intends to enter into negotiations in order to amend an existing agreement or to conclude a new agreement falling with ain th~~ird country relating to investment~~e scope of this Regulation, it shall notify the Commission in writing of its intention~~s in writing~~ at the earliest possible moment before the opening of formal negotiations is envisaged.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 8 – paragraph 4

4. The notification referred to in paragraph 1 shall be transmitted at least ~~five calendar month~~90 days before formal negotiations are to commence with the third country concerned.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 10

The Commission shall be kept informed of the progress and results throughout the different stages of negotiations and may request to participate in the negotiations between the Member State and the third country concerning investment. The Commission may participate as an observer in the negotiations between the Member State and the third country as far as matters falling within the scope of this Regulation are concerned.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 11 – paragraph 4

4. Where the Commission finds that the negotiations have resulted in an agreement which does not fulfil the requirements referred to in paragraphs 3, the Member State shall not be authorised to sign and conclude the agreement.deleted

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 11 a (new)

Article 11a Refusal to authorise the conclusion of the agreement 1. If, on the basis of its assessment under Article 11(3), the Commission intends not to authorise the conclusion of the negotiated agreement, it shall give an opinion to the Member State concerned, within 90 days of receipt of the notification referred to in Article 11(1). 2. Within 30 days of receipt of the opinion of the Commission, the Member State concerned may request the Commission to enter into discussions with it with a view to finding a solution. 3. If the Member State concerned does not request the Commission to enter into discussions with it within the time limit provided for in paragraph 2, the Commission shall give a reasoned decision on the application of the Member State within 130 days of receipt of the notification referred to in Article 11(1). 4. In the event of the discussions referred to in paragraph 2, the Commission shall give a reasoned decision on the application of the Member State within 30 days of the closure of the discussions. 5. The Commission shall notify its decision to the Member State concerned within 30 days of the decision.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 12 – paragraph 1

1. No later than fiseven years after the entry into force of this Regulation, the Commission shall present to the European Parliament and the Council a report on the application of this Chapter which shall review the need for a continued application of the Chapter.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 13 – paragraph 1

1. For all agreements falling within the scope of this Regulation, the Member State concerned shall inform the Commission without undue delay of all meetings which take place under the provisions of the agreement. The Commission shall be provided with ~~the agenda and all relevant~~enough information permitting an understanding of the ~~topics to be discussed~~relevant topics. The Commission may request further information from the Member State concerned. Where an issue ~~to be discussed~~ might affect the implementation of the Union's policies relating to investment, including in particular the common commercial policy, the Commission can require the Member State concerned to take a particular position.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 13 – paragraph 2

2. For all agreements falling within the scope of this Regulation, the Member State concerned shall inform the Commission without undue delay of any representations made to it that a particular measure is inconsistent with the agreement. The Member State shall also immediately inform the Commission of any request for dispute settlement lodged against it under the auspices of the agreement as soon as the Member State becomes aware of the request. The Member State and the Commission shall ~~fully~~ cooperate and take all necessary measures to ensure an effective defence which may include, where appropriate, that the Commission participates in the procedure.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 13 – paragraph 3

3. For all agreements falling within the scope of this Regulation, the Member State concerned shall ~~seek the agreement of~~inform the Commission before activating any relevant mechanisms for State to State dispute settlement included in the agreement and shall, where requested by the Commission, activate such mechanisms. Such mechanisms shall include consultations with the other party to the agreement and dispute settlement where provided for in the agreement. The Member State and the Commission shall fully cooperate in the conduct of procedures within the relevant mechanisms, which may include, where appropriate, that the Commission participates in the relevant procedures.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 15 – paragraph 1

1. The Commission shall be assisted by the ~~Advisor~~Trade Policy Committee ~~for the Management of Transitional Arrangements on International Investment Agreements~~on Services and Investment.

2011/01/21
Committee: INTA

Pablo ZALBA BIDEGAIN

Proposal for a regulation
Article 15 – paragraph 2

~~2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.~~deleted

2011/01/21
Committee: INTA