This document is an excerpt from the EUR-Lex website
Document 52013AP0219
Amendments adopted by the European Parliament on 23 May 2013 on the proposal for a regulation of the European Parliament and of the Council establishing a framework for managing financial responsibility linked to investor-state dispute settlement tribunals established by international agreements to which the European Union is party (COM(2012)0335 — C7-0155/2012 — 2012/0163(COD))
Amendments adopted by the European Parliament on 23 May 2013 on the proposal for a regulation of the European Parliament and of the Council establishing a framework for managing financial responsibility linked to investor-state dispute settlement tribunals established by international agreements to which the European Union is party (COM(2012)0335 — C7-0155/2012 — 2012/0163(COD))
Amendments adopted by the European Parliament on 23 May 2013 on the proposal for a regulation of the European Parliament and of the Council establishing a framework for managing financial responsibility linked to investor-state dispute settlement tribunals established by international agreements to which the European Union is party (COM(2012)0335 — C7-0155/2012 — 2012/0163(COD))
OJ C 55, 12.2.2016, p. 196–211
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
12.2.2016 |
EN |
Official Journal of the European Union |
C 55/196 |
P7_TA(2013)0219
Establishing a framework for managing financial responsibility linked to investor-state dispute settlement tribunals established by international agreements to which the EU is party ***I
Amendments adopted by the European Parliament on 23 May 2013 on the proposal for a regulation of the European Parliament and of the Council establishing a framework for managing financial responsibility linked to investor-state dispute settlement tribunals established by international agreements to which the European Union is party (COM(2012)0335 — C7-0155/2012 — 2012/0163(COD)) (1)
(Ordinary legislative procedure: first reading)
(2016/C 055/41)
Amendment 1
Proposal for a regulation
Title
Text proposed by the Commission |
Amendment |
Regulation of the European Parliament and of the Council establishing a framework for managing financial responsibility linked to investor-state dispute settlement tribunals established by international agreements to which the European Union is party |
Regulation of the European Parliament and of the Council establishing a framework for managing financial responsibility linked to investor-to-state dispute settlement tribunals established by international agreements to which the European Union is party |
Amendment 2
Proposal for a regulation
Recital 1
Text proposed by the Commission |
Amendment |
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Amendment 3
Proposal for a regulation
Recital 2
Text proposed by the Commission |
Amendment |
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Amendment 4
Proposal for a regulation
Recital 3 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 5
Proposal for a regulation
Recital 3 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 6
Proposal for a regulation
Recital 4
Text proposed by the Commission |
Amendment |
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Amendment 7
Proposal for a regulation
Recital 6
Text proposed by the Commission |
Amendment |
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Amendment 8
Proposal for a regulation
Recital 6 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 9
Proposal for a regulation
Recital 8
Text proposed by the Commission |
Amendment |
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Amendment 10
Proposal for a regulation
Recital 10
Text proposed by the Commission |
Amendment |
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Amendment 11
Proposal for a regulation
Recital 12
Text proposed by the Commission |
Amendment |
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Amendment 12
Proposal for a regulation
Recital 14
Text proposed by the Commission |
Amendment |
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Amendment 13
Proposal for a regulation
Recital 15
Text proposed by the Commission |
Amendment |
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Amendment 14
Proposal for a regulation
Recital 16
Text proposed by the Commission |
Amendment |
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Amendment 15
Proposal for a regulation
Recital 18
Text proposed by the Commission |
Amendment |
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Amendment 16
Proposal for a regulation
Recital 19
Text proposed by the Commission |
Amendment |
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Amendment 17
Proposal for a regulation
Article 2 — point b
Text proposed by the Commission |
Amendment |
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Amendment 18
Proposal for a regulation
Article 2 — point c
Text proposed by the Commission |
Amendment |
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Amendment 19
Proposal for a regulation
Article 2 — point j a (new)
Text proposed by the Commission |
Amendment |
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Amendment 20
Proposal for a regulation
Article 3 — paragraph 2
Text proposed by the Commission |
Amendment |
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. |
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 European Parliament and the Council shall be informed of such a decision. |
Amendment 21
Proposal for a regulation
Article 7 — paragraph 1
Text proposed by the Commission |
Amendment |
As soon as the Commission receives notice by which a claimant states its intention to initiate arbitration proceedings, in accordance with the provisions of an agreement, it shall notify the Member State concerned. |
As soon as the Commission receives notice by which a claimant states its intention to initiate arbitration proceedings , or as soon as the Commission is informed about a request for consultations or a claim against a Member State, it shall notify the Member State concerned and inform the European Parliament and the Council on any prior request from a claimant for consultations, on the notice by which a claimant states its intention to initiate arbitration proceedings against the Union or a Member State within 15 working days of receiving the notice, including the name of the claimant, the provisions of the agreement alleged to have been breached, the economic sector involved, the treatment alleged to be in breach of the agreement and the amount of damages claimed. |
Amendment 22
Proposal for a regulation
Article 8 — paragraph 2 — point c
Text proposed by the Commission |
Amendment |
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Amendment 23
Proposal for a regulation
Article 8 — paragraph 2 — point d
Text proposed by the Commission |
Amendment |
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Amendment 24
Proposal for a regulation
Article 8 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. Where the Union assumes to act as respondent pursuant to a decision of the Commission in accordance with paragraph 2 or the default rule set out in paragraph 1, such determination of the respondent status shall be binding on the claimant and the arbitration tribunal. |
Amendment 25
Proposal for a regulation
Article 8 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The Commission shall inform the other Member States and the European Parliament of any dispute in which this Article is applied and the manner in which it has been applied. |
4. The Commission shall inform the European Parliament and the Council of any dispute in which this Article is applied and the manner in which it has been applied. |
Amendment 26
Proposal for a regulation
Article 9 — paragraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 27
Proposal for a regulation
Article 9 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The Commission may, at any time, require the Member State concerned to take a particular position as regards any point of law raised by the dispute or any other element having a Union interest . |
2. Where overriding interests of the Union so require, the Commission may, at any time after consultations with the Member State concerned, require that Member State to take a particular position as regards any point of law raised by the dispute or any other issue of law, the resolution of which may affect the future interpretation of the agreement in question or of other agreements . |
Amendment 28
Proposal for a regulation
Article 9 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. If the Member State concerned considers the request of the Commission as unduly compromising its effective defence, it shall enter into consultations with a view to finding an acceptable solution. Where an acceptable solution cannot be found, the Commission may take a decision requiring the Member State concerned to take a particular legal position. |
Amendment 29
Proposal for a regulation
Article 9 — paragraph 3
Text proposed by the Commission |
Amendment |
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 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. |
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 where it considers that the consistency or correctness of the interpretation of the agreement so warrant, after consultations with the Member State concerned, require that 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 30
Proposal for a regulation
Article 9 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. If the Member State concerned refuses to lodge an application for annulment, appeal or review, it shall inform the Commission within 30 days. In that case the Commission may take a decision requiring the Member State concerned to lodge an application for annulment, appeal or review. |
Amendment 31
Proposal for a regulation
Article 10 — point c
Text proposed by the Commission |
Amendment |
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Amendment 32
Proposal for a regulation
Article 10 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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The Commission shall regularly inform the European Parliament and the Council of developments in the arbitration proceedings referred to in the first paragraph. |
Amendment 33
Proposal for a regulation
Article 13 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Where the Union is respondent in a dispute concerning treatment afforded, whether fully or in part, by a Member State, and the Commission considers that the settlement of the dispute would be in the interests of the Union, it shall first consult with the Member State concerned. The Member State may also initiate such consultations with the Commission. |
1. Where the Union is respondent in a dispute concerning treatment afforded, whether fully or in part, by a Member State, and the Commission considers that the settlement of the dispute would be in the interests of the Union, it shall first consult with the Member State concerned. The Member State may also initiate such consultations with the Commission. The Member State and the Commission shall ensure mutual understanding of the legal situation and possible consequences and avoid any disagreement with a view to the settlement of the case. |
Amendment 34
Proposal for a regulation
Article 13 — paragraph 3
Text proposed by the Commission |
Amendment |
3. In the event that the Member State does not consent to settle the dispute, the Commission may settle the dispute where overriding interests of the Union so require. |
3. In the event that the Member State does not consent to settle the dispute, the Commission may settle the dispute where overriding interests of the Union so require. The Commission shall provide the European Parliament and the Council with all relevant information about the Commission's decision to settle the dispute, in particular its justification. |
Amendment 35
Proposal for a regulation
Article 14 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Where a Member State is respondent in a dispute exclusively concerning treatment afforded by its authorities and decides to settle the dispute, it shall notify the Commission of the draft settlement arrangement and shall inform the Commission of the negotiation and the implementation of the settlement. |
Amendment 36
Proposal for a regulation
Article 17 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Where the Union acts as respondent pursuant to Article 8, and the Commission considers that the award or settlement in question should be paid, in part or in full, by the Member State concerned on the basis of the criteria laid down in Article 3(1), the procedure set out in paragraphs 2 to 5 shall apply. |
1. Where the Union acts as respondent pursuant to Article 8, and the Commission considers that the award or settlement in question should be paid, in part or in full, by the Member State concerned on the basis of the criteria laid down in Article 3(1), the procedure set out in paragraphs 2 to 5 of this Article shall apply. That procedure shall also apply where the Union, acting as respondent pursuant to Article 8, is successful in the arbitration but has to bear any costs arising from the arbitration. |
Amendment 37
Proposal for a regulation
Article 17 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Within three months of receipt of the request for payment of the final award or settlement, the Commission shall adopt a decision addressed to the Member State concerned, determining the amount to be paid by that Member State. |
3. Within three months of receipt of the request for payment of the final award or settlement, the Commission shall adopt a decision addressed to the Member State concerned, determining the amount to be paid by that Member State. The Commission shall inform the European Parliament and Council of such decision and its financial reasoning. |
Amendment 38
Proposal for a regulation
Article 17 — paragraph 4
Text proposed by the Commission |
Amendment |
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 Member State concerned shall be liable for any interest due at the rate applying to other monies owed to the budget of the Union. |
4. Unless the Member State concerned objects to the Commission's determination within one month, the Member State concerned shall compensate with the equivalent amount the Union budget for the payment of the award or the settlement no later than three months after the Commission's decision. The Member State concerned shall be liable for any interest due at the rate applying to other monies owed to the Union budget . |
Amendment 39
Proposal for a regulation
Article 18 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The Commission may adopt a decision requiring the Member State concerned to make financial contributions to the budget of the Union in respect of any costs arising from the arbitration where it considers that the Member State will be liable to pay any award pursuant to the criteria set down in Article 3. |
1. Where the Union acts as respondent pursuant to Article 8, and unless an arrangement has been entered into pursuant to Article 11, the Commission may adopt a decision requiring the Member State concerned to make advance financial contributions to the Union budget in respect of foreseeable or incurred costs arising from the arbitration. Such a decision on financial contributions shall be proportionate, taking into account the criteria set down in Article 3. |
Amendment 40
Proposal for a regulation
Article 19
Text proposed by the Commission |
Amendment |
A Member State's reimbursement or payment to the budget of the Union, for the payment of an award or a settlement or any costs, shall be considered as internal assigned revenue in the sense of [Article 18 of Council Regulation ( EC , Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the General Budget of the European Communities] . It may be used to cover expenditure resulting from agreements concluded pursuant to Article 218 of the Treaty providing for investor-state dispute settlement or to replenish appropriations initially provided to cover the payment of an award or a settlement or any costs. |
A Member State's reimbursement or payment to the Union budget , for the payment of an award or a settlement or any costs, including those referred to in Article 18(1) of this Regulation, shall be considered as internal assigned revenue in the sense of Article 21(4) of Regulation ( EU , Euratom) No 966/2012 . It may be used to cover expenditure resulting from agreements concluded pursuant to Article 218 of the Treaty providing for investor-to-state dispute settlement or to replenish appropriations initially provided to cover the payment of an award or a settlement or any costs. |
Amendment 41
Proposal for a regulation
Article 20 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The Commission shall be assisted by [the Committee for Investment Agreements established by Regulation [2010/197 COD]] . That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. |
1. The Commission shall be assisted by the Committee for Investment Agreements established by Regulation (EU) No 1219/2012 of the European Parliament and of the Council of 12 December 2012 establishing transitional arrangements for bilateral investment agreements between Member States and third countries (4) . That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. |
Amendment 42
Proposal for a regulation
Article 21 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The Commission shall submit a report on the operation of this Regulation to the European Parliament and the Council at regular intervals. The first report shall be submitted no later than three years after the entry into force of this Regulation. Subsequent reports shall be submitted every three years thereafter. |
1. The Commission shall submit a detailed report on the operation of this Regulation to the European Parliament and the Council at regular intervals. That report shall contain all relevant information including the listing of the claims made against the Union or the Member States, related proceedings, rulings and the financial impact on the respective budgets. The first report shall be submitted no later than five years after the entry into force of this Regulation. Subsequent reports shall be submitted every three years thereafter unless the budgetary authority, comprised of the European Parliament and the Council, decides otherwise. |
Amendment 43
Proposal for a regulation
Article 21 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. The Commission shall annually submit to the European Parliament and to the Council a list of requests for consultations from claimants, claims and arbitration rulings. |
(1) The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0124/2013).
(2) Judgment of the Court of Justice of 9 September 2008 in Joined Cases C-120/06 P and C-121/06 P, FIAMM and Fedon v Council and Commission ([2008] ECR I-6513)
(3) OJ L 298, 26.10.2012, p. 1.
(4) OJ L 351 20.12.2012, p. 40.