Procedure : 2019/0273(COD)
Document stages in plenary
Document selected : A9-0133/2020

Texts tabled :

A9-0133/2020

Debates :

PV 18/01/2021 - 23
CRE 18/01/2021 - 23

Votes :

Texts adopted :

P9_TA(2021)0004

<Date>{06/07/2020}6.7.2020</Date>
<NoDocSe>A9-0133/2020</NoDocSe>
PDF 235kWORD 92k

<TitreType>REPORT</TitreType>     <RefProcLect>***I</RefProcLect>

<Titre>on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 654/2014 of the European Parliament and of the Council concerning the exercise of the Union's rights for the application and enforcement of international trade rules</Titre>

<DocRef>(COM(2019)0623 – C9‑0197/2019 – 2019/0273(COD))</DocRef>


<Commission>{INTA}Committee on International Trade</Commission>

Rapporteur: <Depute>Marie‑Pierre Vedrenne</Depute> 

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 654/2014 of the European Parliament and of the Council concerning the exercise of the Union's rights for the application and enforcement of international trade rules

(COM(2019)0623 – C9‑0197/2019 – 2019/0273(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

 having regard to the Commission proposal to Parliament and the Council (COM(2019)0623),

 having regard to Article 294(2) and Article 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0197/2019),

 having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

 having regard to opinion 2/15 of the European Court of Justice[1],

 having regard to its resolution on the Crisis of the WTO Appellate Body of 28 November 2019[2],

 having regard to Rule 59 of its Rules of Procedure,

 having regard to the report of the Committee on International Trade (A9-0133/2020),

1. Adopts its position at first reading hereinafter set out;

2. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

<RepeatBlock-Amend><AmendA>Amendment  <NumAmA>1</NumAmA>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Citation 1 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

- having regard to opinion 2/15 of the European Court of Justice,

</AmendA><AmendB>Amendment  <NumAmB>2</NumAmB>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 1 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(1a) Opinion 2/15 of the Court of Justice of the European Union provided clarity regarding the question of competences covered by comprehensive trade agreements. That opinion clarifies, inter alia, that provisions covered by Trade and Sustainable Development chapters fall within the exclusive competence of the Union and that the goal of sustainable development forms an integral part of the common commercial policy.

 

__________________

 

ECLI:EU:C:2017:376.

</AmendB>

<AmendB>Amendment  <NumAmB>3</NumAmB>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 2 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(2a) The Regulation should ensure the coherent application of the enforcement mechanism in trade disputes relating to international trade agreements, including regional or bilateral agreements. Dispute settlement provisions, including in regional or bilateral trade agreements, might not be sufficiently specific or explicit enough to effectively resolve disputes in the event of a clear breach of obligations of trade agreements. A full impact assessment should accompany the Commission’s future legislative proposal to review Regulation (EU) No 654/2014. The Commission should make proposals to strengthen the enforcement of sustainable development commitments.

</AmendB><AmendB>Amendment  <NumAmB>4</NumAmB>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 4 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(4a) The Union insists on the primacy of international trade law, as administered by the WTO and enforced under Article 23 of the WTO Agreement, and will cooperate in all endeavours aiming to reform the WTO Dispute Settlement Mechanism in order to ensure the appropriate functioning of the WTO’s Appellate Body.

</AmendB>

<AmendB>Amendment  <NumAmB>5</NumAmB>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 4 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

(4b) By ...[ one year following the entry into force of this Regulation], the Commission should report to the European Parliament and to the Council about ongoing developments in the area of international trade dispute settlements and the actions it has taken relating to the reform of the Appellate Body of the WTO.

</AmendB>

<AmendB>Amendment  <NumAmB>6</NumAmB>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 5 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

(5b) The Union remains committed to a multilateral approach to international dispute settlement, rules-based trade, and international cooperation to achieve the United Nation‘s Sustainable Development Goals.

</AmendB>

<Amend>Amendment  <NumAm>7</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 7 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(7a)  Services and intellectual property rights account for a large and growing share of world trade and are covered by international trade agreements, including regional or bilateral Union agreements.
Services and intellectual property rights should therefore be included in the scope of the trade policy measures available to the Union which are currently limited to goods and public procurement. Extending the scope of those measures in that way should make Regulation (EU) No 654/2014 more consistent and effective.

<TitreJust>Justification</TitreJust>

Currently, Regulation (EU) No 654/2014 is limited to the taking of certain measures in the fields of goods and public procurement.

No action can be taken in other areas, such as services and intellectual property.

</Amend><Amend>Amendment  <NumAm>8</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 7 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

(7b)  Given the mounting tension in international trade and in the context of the crisis facing the WTO, the Union should be able to react swiftly in the event of a unilateral, illegal measure taken against it. The Union should, therefore, be able to impose measures in the event of a clear breach of international law or a clear violation of trade obligations towards the Union by a third country, which threatens or impairs the Union’s  commercial interests or jeopardises the Union’s strategic autonomy, provided that the Union has appropriately challenged those illegal measures at the WTO or in front of the relevant dispute settlement body.

<TitreJust>Justification</TitreJust>

The aim is to strengthen the European Union's capacity to react in the event of illegal measures being taken against it. This would strengthen the deterrent effect of the Regulation, ensuring an immediate response by the EU and safeguarding its interests. It is nevertheless important to remember that measures should be proportionate and taken only as a last resort.

</Amend>

<Amend>Amendment  <NumAm>9</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Recital 9</Article>

 

Text proposed by the Commission

Amendment

(9)  Finally, the review clause of Regulation (EU) No 654/2014 should be renewed for another five-year period and should cover the application of the proposed amendment.

(9)  Finally, the review clause of Regulation (EU) No 654/2014 should also cover the application of the proposed amendment.

<TitreJust>Justification</TitreJust>

The date of 1 March 2025 proposed by the Commission is too far in the future. The review of the Regulation must take place earlier, during the European Parliament’s current parliamentary term, in order to ascertain the results of its implementation and identify the adjustments that need to be made.

</Amend>

<Amend>Amendment  <NumAm>10</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – point -1 (new)</Article>

<DocAmend2>Regulation (EU) No 654/2014</DocAmend2>

<Article2>Article 1 – paragraph 1 – point b</Article2>

 

Present text

Amendment

 

(-1)  in Article 1, point (b) is replaced by the following:

(b)  rebalancing concessions or other obligations in the trade relations with third countries, when the treatment accorded to goods from the Union is altered in a way that affects the Union's interests.

(b)  rebalancing concessions or other obligations in the trade relations with third countries, when the treatment accorded to goods or services from the Union is altered in a way that affects the Union's interests.

<TitreJust>Justification</TitreJust>

 It should be noted that the treatment of services may also be altered.

</Amend>

<Amend>Amendment  <NumAm>11</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – point -1 a (new)</Article>

<DocAmend2>Regulation (EU) No 654/2014</DocAmend2>

<Article2>Article 2 – paragraph 1 – point b</Article2>

 

Present text

Amendment

 

(-1a) in Article 2, point (b) is replaced by the following:

(b)  "concessions or other obligations" means tariff concessions or any other benefits that the Union has committed itself to applying in its trade with third countries by virtue of international trade agreements to which it is a party;

(b)  "concessions or other obligations" means tariff concessions, commitments in the field of services, obligations concerning trade-related aspects of intellectual property rights, or any other benefits that the Union has committed itself to applying in its trade with third countries by virtue of international trade agreements to which it is a party;

<TitreJust>Justification</TitreJust>

The inclusion of services and intellectual property rights in the list of trade policy measures available to the Union will strengthen the credibility and deterrent effect of the Regulation. The definition should therefore be changed accordingly.

</Amend>

<AmendB>Amendment  <NumAmB>12</NumAmB>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – point 1 – point b</Article>

<DocAmend2>Regulation (EC) No 654/2014</DocAmend2>

<Article2>Article 3 – paragraph 1 – point bb</Article2>

 

Text proposed by the Commission

Amendment

“(bb) in trade disputes relating to other international trade agreements, including regional or bilateral agreements, if adjudication is not possible because the third country is not taking the steps that are necessary for a dispute settlement procedure to function;”

“(bb) in trade disputes relating to other international trade agreements, including regional or bilateral agreements, if adjudication is not possible because the third country is delaying the proceedings or is not taking the steps that are necessary for a dispute settlement procedure to function;”

</AmendB>

<Amend>Amendment  <NumAm>13</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – point 1 a (new)</Article>

<DocAmend2>Regulation (EU) No 654/2014</DocAmend2>

<Article2>Article 3 – paragraph 1 – point d</Article2>

 

Present text

Amendment

 

(1a)   in Article 3, point (d) is replaced by the following:

(d)  in cases of modification of concessions by a WTO member under Article XXVIII of the GATT 1994, where no compensatory adjustments have been agreed.

(d)  in cases of modification of concessions or commitments by a WTO member under Article XXVIII of the GATT 1994 or Article XXI of the GATS, where no compensatory adjustments have been agreed.

<TitreJust>Justification</TitreJust>

It should be noted that modifications of concessions or commitments may also take place in the area of ​​services.

</Amend><Amend>Amendment  <NumAm>14</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – point 1 b (new)</Article>

<DocAmend2>Regulation (EU) No 654/2014</DocAmend2>

<Article2>Article 3 – paragraph 1 – point d a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(1b)  in Article 3, the following point is added:

 

(da)  in the event of the adoption by a third country of commercial policy measures that threaten or impair the commercial interests of the Union or jeopardise the Union’s strategic autonomy,  and constitute a clear breach of international law or a clear violation of its trade obligations towards the Union,  provided that the Union has appropriately challenged these measures at the WTO or in front of the relevant dispute settlement body.

<TitreJust>Justification</TitreJust>

The EU must strengthen its tools with the aim of responding to any unilateral and illegal measure taken against it by a third country which is prejudicial to its commercial interests. The EU must be able to impose the trade policy measures provided for in Article 5 in the event of a clear breach of the rules of international law by a third country directed against it. These measures shall be temporary and consist in preserving the rights of the Union.

</Amend><Amend>Amendment  <NumAm>15</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – point 2</Article>

<DocAmend2>Regulation (EU) No 654/2014</DocAmend2>

<Article2>Article 4 – paragraph 2 – point bb</Article2>

 

Text proposed by the Commission

Amendment

(bb)  where measures are taken to restrict the trade with a third country in situations under Article 3(aa) or Article 3(bb), such measures shall be commensurate to the nullification or impairment of the Union’s commercial interests caused by the measures of that third country;”

(bb)  where measures are taken to restrict the trade with a third country in situations under Article 3(aa), Article 3(bb) or Article 3(e), such measures shall be commensurate to the nullification or impairment of the Union’s commercial interests caused by the measures of that third country and, to the extent possible, provide relief to the Union sectors affected;”

<TitreJust>Justification</TitreJust>

The measures must be targeted and proportionate and should be used only as a last resort.

</Amend>

<Amend>Amendment  <NumAm>16</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – point 2 a (new)</Article>

<DocAmend2>Regulation (EU) No 654/2014</DocAmend2>

<Article2>Article 4 – paragraph 2 – point d</Article2>

 

Present text

Amendment

 

(2a)  in Article 4, paragraph 2, point (d) is replaced by the following:

(d)  where concessions are withdrawn in the trade with a third country in connection with Article XXVIII of the GATT 1994 and the related Understanding5, they shall be substantially equivalent to the concessions modified or withdrawn by that third country, in accordance with the terms established in Article XXVIII of the GATT 1994 and the related Understanding.

(d)  where concessions or commitments are modified or withdrawn in the trade with a third country in connection with Article XXVIII of the GATT 1994 and the related Understanding5, or Article XXI of the GATS and the related implementing procedures, they shall be substantially equivalent to the concessions or commitments modified or withdrawn by that third country, in accordance with the terms established in Article XXVIII of the GATT 1994 and the related Understanding or Article XXI of the GATS and the related implementing procedures.

_______________

_____________

5 Understanding "Interpretation and Application of Article XXVIII".

5 Understanding "Interpretation and Application of Article XXVIII".

<TitreJust>Justification</TitreJust>

It should be noted that modifications of concessions or commitments may also take place in the field of ​​services.

</Amend><AmendB>Amendment  <NumAmB>17</NumAmB>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – point 2 b (new)</Article>

<DocAmend2>Regulation (EU) No 654/2014</DocAmend2>

<Article2>Article 4 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(2b) the following article shall be inserted :

 

Article 4a

 

Request by the European Parliament and/or the Council

 

1.  The European Parliament and/or the Council may ask the Commission to adopt or take appropriate steps to adopt the implementing acts referred to in Article 4.

 

2.  If the European Parliament and/or the Council decides to make use of the possibility referred to in paragraph 1, it shall supply the Commission with any evidence of cases as referred to in Article 3 that nullifies or impairs the commercial interests of the Union.

 

3.  After receiving a request, the Commission shall inform the European Parliament and the Council without delay of how it intends to follow up on the request.

</AmendB>

 

<Amend>Amendment  <NumAm>18</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – point 2 c (new)</Article>

<DocAmend2>Regulation (EU) No 654/2014</DocAmend2>

<Article2>Article 5 – paragraph 1 – point b a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(2c)  in Article 5(1), the following point is inserted:

 

(ba)  the suspension of commitments or other obligations in the field of services;

<TitreJust>Justification</TitreJust>

The inclusion of services in the list of trade policy measures available to the Union will enhance the credibility and the deterrent effect of the regulation.

</Amend>

<Amend>Amendment  <NumAm>19</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – point 2 d (new)</Article>

<DocAmend2>Regulation (EU) No 654/2014</DocAmend2>

<Article2>Article 5 – paragraph 1 – point b b (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(2d)  in Article 5(1), the following point is inserted:

 

(bb)  the suspension of obligations regarding trade-related aspects of intellectual property rights;

<TitreJust>Justification</TitreJust>

The inclusion of intellectual property rights in the list of trade policy measures available to the Union will enhance the credibility and deterrent effect of the Regulation.

</Amend>

<Amend>Amendment  <NumAm>20</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – point 2 e (new)</Article>

<DocAmend2>Regulation (EU) No 654/2014</DocAmend2>

<Article2>Article 7 – paragraph 2 – point c</Article2>

 

Present text

Amendment

 

(2e)  n the first subparagraph of Article 7(2), point (c) is replaced by the following:

(c)  in cases of modification of concessions by a WTO member under Article XXVIII of the GATT 1994, when the third country concerned accords adequate and proportionate compensation to the Union after the adoption of an implementing act under Article 4(1).

(c)  in cases of the withdrawal or modification of concessions or commitments by a WTO member under Article XXVIII of the GATT 1994 or Article XXI of the GATS, when the third country concerned accords adequate and proportionate compensation to the Union after the adoption of an implementing act under Article 4(1).

<TitreJust>Justification</TitreJust>

It should be noted that modifications of concessions or commitments may also take place in the field of ​​services.

</Amend>

<Amend>Amendment  <NumAm>21</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – point 2 f (new)</Article>

<DocAmend2>Regulation (EU) No 654/2014</DocAmend2>

<Article2>Article 9 – paragraph 1</Article2>

 

Present text

Amendment

 

(2f) in Article 9, paragraph 1is replaced by the following:

1. The Commission shall seek information and views regarding the Union's economic interests in specific goods or services or in specific sectors, in the application of this Regulation, through a notice in the Official Journal of the European Union or through other suitable public communication means, indicating the period within which input is to be submitted. The Commission shall take the input received into account.

1. The Commission shall seek information and views regarding the Union's economic interests in specific goods or services or in specific sectors, or as regards intellectual property rights, in the application of this Regulation, through a notice in the Official Journal of the European Union or through other suitable public communication means, indicating the period within which input is to be submitted. The Commission shall take the input received into account.

<TitreJust>Justification</TitreJust>

Information must also be sought relating to intellectual property rights.</Amend>

<Amend>Amendment  <NumAm>22</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – point 3 – point a</Article>

<DocAmend2>Regulation (EU) No 654/2014</DocAmend2>

<Article2>Article 10 – paragraph 1</Article2>

 

Text proposed by the Commission

Amendment

By 1 March 2025 at the latest, the Commission shall review the scope of this Regulation, taking into account in particular the amendments to the scope having effect from [date of entry into force of this amending Regulation], the commercial policy measures that may be adopted, as well as its implementation, and shall report its findings to the European Parliament and the Council.

At the earliest possible opportunity after ... [the date of entry into force of this amending regulation], but no later than two years after that date, the Commission shall review the scope of this Regulation, taking into account in particular the commercial policy measures that may be adopted, as well as its implementation, and shall report its findings to the European Parliament and the Council. That review shall include proposals to strengthen the enforcement of sustainable development commitments.

<TitreJust>Justification</TitreJust>

The date for the review proposed by the Commission lies too far in the future. It must be possible to review the Regulation earlier, during the European Parliament’s current parliamentary term.

</Amend>

<Amend>Amendment  <NumAm>23</NumAm>

<DocAmend>Proposal for a regulation</DocAmend>

<Article>Article 1 – paragraph 1 – point 3 – point b</Article>

<DocAmend2>Regulation (EU) No 654/2014</DocAmend2>

<Article2>Article 10 – paragraph 2</Article2>

 

Text proposed by the Commission

Amendment

(b) paragraph 2 is amended as follows:

deleted

(i) in the first subparagraph of paragraph 2 the first sentence is replaced by the following: “In acting pursuant to paragraph 1, the Commission shall undertake a review aimed at envisaging under this Regulation additional commercial policy measures suspending concessions or other obligations in the field of trade in services”.

 

(ii) The second sub-paragraph is deleted.

 

<TitreJust>Justification</TitreJust>

This paragraph is no longer necessary since the scope of trade policy measures has been widened by the amendments to the Regulation.

</Amend>

</RepeatBlock-Amend>

 


EXPLANATORY STATEMENT

Background and Commission proposal

Regulation (EU) No 654/2014 of the European Parliament and of the Council has provided the European Union (EU) with a horizontal legislative framework for the enforcement of its rights under the agreement establishing the World Trade Organization (WTO) and other international trade agreements. In a global context where the number of retaliatory actions was on the rise, it was important to strengthen the enforcement of the EU’s trade rights, consolidate the EU’s credibility and ultimately convince our trading partners to respect the rules of the game as laid down in trade agreements.

 

Recent developments in the WTO and the fact that the appellate body of its dispute settlement mechanism is being systematically blocked have forced the European Union to amend Regulation (EU) No 654/2014. Furthermore, the EU must be able to protect its interests under international trade agreements in situations in which third countries adopt illegal measures while at the same time blocking the dispute settlement process. The Regulation was not originally designed to address such situations, but current developments, in particular the fact that the appellate body of the  WTO’s dispute settlement mechanism is being blocked, mean that the Union must move as quickly as possible to protect its interests.

 

On 12 December 2019, the day after the day on which the WTO’s appellate body ceased to function, the Commission published a new proposal amending the original Regulation. The main aim of the new Commission proposal is to address those cases in which the process has been blocked after the Union has obtained a favourable decision from a WTO dispute settlement panel. This blockage is the consequence of an appeal against a decision by the other party – an appeal which has fallen on deaf ears – and its refusal to resort to provisional appeal arbitration under Article 25 of the WTO’s Memorandum of Understanding on dispute settlement. In such a case, the dispute settlement process will not produce a binding result and the Commission proposal will then allow the EU to take the necessary measures where it has the right to take action in response to a measure taken by a third country.

 

In addition, the Commission proposal covers analogous cases which may arise in the context of other international trade agreements, in particular regional or bilateral agreements, where a third country fails to cooperate to the extent necessary for dispute settlement to work, for example where the third country fails to appoint an arbitrator and no emergency arbitration mechanism is provided so that the procedure can nevertheless run its course. 

 

Your rapporteur’s position

Your rapporteur supports the Commission proposal and agrees that urgent measures are necessary since gaps in the current legislation need to be filled. We must ensure that the European Union is able to protect its interests under international trade agreements in situations in which third countries adopt illegal measures and at the same time block the dispute settlement process. Furthermore, it is crucial to reiterate our support for a multilateral, rules-based trading system. Your rapporteur therefore welcomes the multi-party provisional appeal arbitration arrangement put in place on 27 March 2020 by the EU and 15 other WTO members which entered into effect on 30 April 2020 providing a way of overcoming the temporary paralysis of the WTO’s trade dispute appeals mechanism.

 

 Inclusion of services and intellectual property rights in the scope of trade policy measures (Article 5)

However, your rapporteur also considers that a number of arguments already put forward by the European Parliament when adopting Regulation (EU) No 654/2014 are still valid and wishes therefore to extend the scope of that Regulation. More specifically, services and intellectual property rights (IPRs) should be included in the list of trade policy measures available to the Union.

 

Services and IPRs account for a large and growing share of our international trade and are covered by the EU’s trade agreements. The inclusion of services and IPRs will thus increase the credibility and deterrent effect of the Regulation by demonstrating that the EU is able to defend its trade rights effectively and comprehensively. Their inclusion is necessary to establish a consistent legislative framework to ensure that the EU’s rights are respected and that the EU can defend its rights by taking measures in the field of ​​services and IPRs just as swiftly and effectively as in the field of goods and public procurement. Moreover, the EU will then be in a position to take countermeasures in areas where they have the greatest impact and adopt a targeted and balanced approach that will have minimal impact on its interests.

 

 Scope for immediate action in the event of a unilateral measure imposed on the EU by a third country which represents a clear breach of international law and harms the interests of the EU

Your rapporteur also wishes to strengthen the European Union’s capacity under this Regulation to react in the event of illegal measures taken against it. Against the background of the ongoing tension in international trade and the crisis in the WTO, the EU must strengthen its tools with the aim of responding to any unilateral, illegal measure taken against it by a third country which harms its interests.

Thus while requesting the launch of a dispute settlement procedure, the EU must be able to impose the trade policy measures provided for in Article 5 in the event of a clear breach of the rules of international law by a third country directed against it. If these provisional measures are adopted, the EU’s economy and its economic players will be spared the immediate consequences of illegal measures, including waiting several months for a decision to be handed down under the dispute settlement process before being able to react. This would strengthen the deterrent effect of the Regulation, ensuring an immediate response by the EU and safeguarding its interests. Your rapporteur emphasises the deterrent nature of this action and recalls that counter-measures should be proportionate and taken only as a last resort.

 

 Bringing forward the date for a review of the Regulation

Finally, your rapporteur wishes to change the date of the review of the new Commission proposal. The date of 1 March 2025 proposed by the Commission lies too far in the future. The review of the Regulation must take place earlier, during the European Parliament’s current parliamentary term, in order to ascertain the results of its implementation and identify the adjustments that need to be made.

 

 

 

PROCEDURE – COMMITTEE RESPONSIBLE

Title

Exercise of the Union’s rights for the application and enforcement of international trade rules

References

COM(2019)0623 – C9-0197/2019 – 2019/0273(COD)

Date submitted to Parliament

12.12.2019

 

 

 

Committee responsible

 Date announced in plenary

INTA

19.12.2019

 

 

 

Rapporteurs

 Date appointed

Marie-Pierre Vedrenne

20.1.2020

 

 

 

Discussed in committee

20.2.2020

28.5.2020

25.6.2020

 

Date adopted

6.7.2020

 

 

 

Result of final vote

+:

–:

0:

32

3

3

Members present for the final vote

Barry Andrews, Anna-Michelle Asimakopoulou, Tiziana Beghin, Geert Bourgeois, Saskia Bricmont, Jordi Cañas, Anna Cavazzini, Miroslav Číž, Arnaud Danjean, Paolo De Castro, Emmanouil Fragkos, Raphaël Glucksmann, Enikő Győri, Roman Haider, Christophe Hansen, Danuta Maria Hübner, Herve Juvin, Karin Karlsbro, Maximilian Krah, Danilo Oscar Lancini, Bernd Lange, Gabriel Mato, Emmanuel Maurel, Maxette Pirbakas, Samira Rafaela, Inma Rodríguez-Piñero, Massimiliano Salini, Helmut Scholz, Sven Simon, Mihai Tudose, Kathleen Van Brempt, Marie-Pierre Vedrenne, Jörgen Warborn, Iuliu Winkler

Substitutes present for the final vote

Reinhard Bütikofer, Nicola Danti, Dino Giarrusso, Seán Kelly

Date tabled

6.7.2020

 


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

32

+

ECR

Geert Bourgeois, Emmanouil Fragkos

GUE

Emmanuel Maurel, Helmut Scholz

ID

Roman Haider, Maximilian Krah, Danilo Oscar Lancini

NI

Tiziana Beghin, Dino Giarrusso

PPE

Anna‑Michelle Asimakopoulou, Arnaud Danjean, Enikő Győri, Christophe Hansen, Danuta Maria Hübner, Seán Kelly, Gabriel Mato, Massimiliano Salini, Sven Simon, Jörgen Warborn, Iuliu Winkler

Renew

Jordi Cañas, Nicola Danti, Karin Karlsbro, Samira Rafaela, Marie‑Pierre Vedrenne

S&D

Paolo De Castro, Raphaël Glucksmann, Bernd Lange, Inma Rodríguez‑Piñero, Mihai Tudose, Kathleen Van Brempt, Miroslav Číž

 

3

-

Verts/ALE

Saskia Bricmont, Reinhard Bütikofer, Anna Cavazzini

 

3

0

ID

Herve Juvin, Maxette Pirbakas

Renew

Barry Andrews

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

[1] ECLI:EU:C:2017:376.

[2] Texts adopted, P9_TA(2019)0083.

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