Amendments 16 - 63

European Parliament 2019-2024

Committee on International Trade

2019/0273(COD)

5.6.2020

AMENDMENTS 16 - 63

Draft report Marie-Pierre Vedrenne (PE647.001v02-00)

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

Proposal for a regulation (COM(2019)0623 – C9-0197/2019 – 2019/0273(COD))

AM\1206492EN.docx PE652.575v01-00

EN United in diversityEN AM_Com_LegReport

PE652.575v01-00 2/27 AM\1206492EN.docx EN Amendment 16 Reinhard Bütikofer

Draft legislative resolution Citation 4 a (new)

Draft legislative resolution Amendment

- having regard to its Resolution on the Crisis of the WTO Appellate Body of 28 November 2019 (2019/2918, RSP),

Or. en

Amendment 17 Bernd Lange, Agnes Jongerius, Joachim Schuster, Paolo De Castro, Kathleen Van Brempt, Inma Rodríguez-Piñero, Raphaël Glucksmann, Costas Mavrides

Draft legislative resolution Citation 5 a (new)

Draft legislative resolution Amendment

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

Or. en

Amendment 18 Bernd Lange, Agnes Jongerius, Joachim Schuster, Paolo De Castro, Kathleen Van Brempt, Inma Rodríguez-Piñero, Raphaël Glucksmann, Costas Mavrides

Proposal for a regulation Citation 1 a (new)

Text proposed by the Commission Amendment

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

Or. en

AM\1206492EN.docx 3/27 PE652.575v01-00 EN Amendment 19 Bernd Lange, Agnes Jongerius, Joachim Schuster, Paolo De Castro, Kathleen Van Brempt, Inma Rodríguez-Piñero, Raphaël Glucksmann, Costas Mavrides

Proposal for a regulation Recital 1 a (new)

Text proposed by the Commission Amendment

(1a) Opinion 2/15 of the Court of Justice of the European Union1а 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.

______1а ECLI:EU:C:2017:376.

Or. en

Amendment 20 Bernd Lange, Agnes Jongerius, Joachim Schuster, Paolo De Castro, Kathleen Van Brempt, Inma Rodríguez-Piñero, Raphaël Glucksmann, Costas Mavrides

Proposal for a regulation Recital 2 a (new)

Text proposed by the Commission Amendment

(2a) Dispute settlement provisions, including in regional and bilateral trade agreements, might lack the specificity necessary to adjudicate disputes effectively, necessitating a reliance on this Regulation.

Or. en

PE652.575v01-00 4/27 AM\1206492EN.docx EN Amendment 21 Reinhard Bütikofer

Proposal for a regulation Recital 4 a (new)

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.

Or. en

Amendment 22 Reinhard Bütikofer

Proposal for a regulation Recital 4 b (new)

Text proposed by the Commission Amendment

(4b) By ...[At the latest 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 practice of international trade dispute settlements and its activities in reforming the Appellate Body of the WTO.

Or. en

Amendment 23 Helmut Scholz

AM\1206492EN.docx 5/27 PE652.575v01-00 EN Proposal for a regulation Recital 5

Text proposed by the Commission Amendment

(5) In the same vein, a similar situation (5) In the same vein, a similar situation may arise under other international trade may arise under other international trade agreements, in particular regional or agreements, in particular regional or bilateral agreements, where a third country bilateral agreements, where a third country does not cooperate, as necessary, for the does not cooperate, as necessary, for the dispute settlement to function, for example dispute settlement to function, for example by failing to appoint an arbitrator and by failing to appoint an arbitrator, or by where there is no mechanism foreseen to failing to cooperate in the setting up of a secure the functioning of dispute settlement panel of experts with regard to the in this situation. settlement of disputes linked to labour and sustainability commitments, and where there is no mechanism foreseen to secure the functioning of dispute settlement in this situation.

Or. en

Amendment 24 Helmut Scholz

Proposal for a regulation Recital 5 a (new)

Text proposed by the Commission Amendment

(5a) The Union considers the content and commitments in the Trade and Sustainable Development chapters of its trade agreements, and of its Association Agreements as binding.

Or. en

Amendment 25 Helmut Scholz

Proposal for a regulation Recital 5 b (new)

PE652.575v01-00 6/27 AM\1206492EN.docx EN 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.

Or. en

Amendment 26 Anna-Michelle Asimakopoulou, Christophe Hansen, Seán Kelly, Daniel Caspary, Danuta Maria Hübner, Massimiliano Salini, Iuliu Winkler

Proposal for a regulation Recital 6

Text proposed by the Commission Amendment

(6) In the face of blockage of dispute (6) In the face of blockage of dispute settlement, the Union will be unable to settlement and in the absence of a enforce international trade agreements. definitive judicial ruling, the Union will be Therefore, it is appropriate to extend the unable to enforce international trade scope of Regulation (EU) No 654/2014 to agreements. Therefore, it is appropriate to such situations. extend the scope of Regulation (EU) No 654/2014 to such situations.

Or. en

Amendment 27 Anna-Michelle Asimakopoulou, Christophe Hansen, Seán Kelly, Daniel Caspary, Danuta Maria Hübner, Massimiliano Salini, Iuliu Winkler

Proposal for a regulation Recital 7

Text proposed by the Commission Amendment

AM\1206492EN.docx 7/27 PE652.575v01-00 EN dispute settlement mechanism is not dispute settlement mechanism is not possible because the third country has possible because the third country has rendered it impossible for the Union to do rendered it impossible for the Union to do so. so, provided the Union has appropriately challenged those measures in front of the relevant dispute settlement body.

Or. en

Amendment 28 Helmut Scholz

Proposal for a regulation Recital 7

Text proposed by the Commission Amendment

(7) To this end, the Union should be (7) To this end, the Union should be able to expeditiously suspend obligations able to expeditiously suspend obligations under international trade agreements, under international trade agreements, including regional or bilateral agreements, including regional or bilateral agreements, when effective recourse to a binding when effective recourse to a binding dispute settlement mechanism is not dispute settlement mechanism, including possible because the third country has on commitments arising from the Trade rendered it impossible for the Union to do and Sustainable Development chapter of so. an agreement, is not possible because the third country has rendered it impossible for the Union to do so.

Or. en

Amendment 29 Tiziana Beghin

Proposal for a regulation Recital 7

Text proposed by the Commission Amendment

PE652.575v01-00 8/27 AM\1206492EN.docx EN possible because the third country has effective recourse to a binding dispute rendered it impossible for the Union to do settlement mechanism is not possible so. because the third country has rendered it impossible for the Union to do so.

Or. en

Amendment 30 Emmanuel Maurel

Proposal for a regulation Recital 7 a (new)

Text proposed by the Commission Amendment

(7a) In response to climate change and social dumping, the chapters on trade and sustainable development and the protection of workers’ rights should occupy a central place in international trade agreements and be binding. These chapters on trade and sustainable development and the protection of workers’ rights should be included within the scope of the commercial policy measures which the Union can take in the event of a manifest breach by a third country. This would strengthen the deterrent effect of the regulation and guarantee an immediate response by the EU designed to safeguard its interests and values.

Or. fr

Amendment 31 Enikő Győri

Proposal for a regulation Recital 7 a (new)

Text proposed by the Commission Amendment

(7a) Services and intellectual property rights account for a large and growing

AM\1206492EN.docx 9/27 PE652.575v01-00 EN 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. The scope of such policy should therefore be extended, after a thorough analysis, taking into account in particular the interactions among the possible additional commercial policy measures and the relevant national law of Member States.

Or. en

Amendment 32 Anna-Michelle Asimakopoulou, Christophe Hansen, Daniel Caspary, Danuta Maria Hübner, Massimiliano Salini, Iuliu Winkler

Proposal for a regulation Recital 7 a (new)

Text proposed by the Commission Amendment

(7a) Given 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 unreasonable or discriminatory measures taken against it. The Union should be able to impose provisional measures in the event of a clear violation of trade obligations by a third country, which causes or threatens to cause serious injury to the Union's commercial interests or jeopardises its strategic autonomy.

Or. en

Amendment 33 Reinhard Bütikofer

PE652.575v01-00 10/27 AM\1206492EN.docx EN Proposal for a regulation Recital 7 a (new)

Text proposed by the Commission Amendment

(7a) As a last resort, the Union should also be able to adopt proportionate interim countervailing measures in case of measures by a third country that are manifestly in violation of its obligations towards the Union or prejudicial to its commercial interests, provided that the Union has challenged those measures in the procedurally correct way and has received a favourable opinion in first instance from the relevant dispute settlement mechanism.

Or. en

Justification

This aims at strengthening the deterrent effect of the Regulation, ensuring a fast response by the EU after having invoked a formal dispute settlement process and received a favourable opinion by the first instance of the relevant dispute settlement mechanism.

Amendment 34 Reinhard Bütikofer

Proposal for a regulation Recital 7 b (new)

Text proposed by the Commission Amendment

(7b) The application of the provision of the possibility of applying countervailing measures against third countries adopting measures that are manifestly in violation of its obligations towards the European Union and are prejudicial to its commercial interests, and after receiving a favourable opinion of the first instance of the relevant dispute settlement mechanism, should be suspended for 18 months.

Or. en

AM\1206492EN.docx 11/27 PE652.575v01-00 EN Justification

The suspension for 18 months coincides with the revision of the Regulation and shall incentivise trade partners to seriously engage in a process to reinstall the functioning of the Dispute Settlement Body of the WTO.

Amendment 35 Reinhard Bütikofer

Proposal for a regulation Recital 8 a (new)

Text proposed by the Commission Amendment

(8a) It is desirable to continue assessing whether developments in the fields of trade in services and of trade related intellectual property rights support an expansion of the possible scope of measures under Regulation (EU) No 654/2014. It would be appropriate for the Commission to assess all those aspects as part of a review in the short term, within 18 months of the entry into force of this Regulation, and at the latest within two years. That review may be followed by appropriate legislative proposals.

Or. en

Justification

Under the premise to not extend the scope of the Regulation in this revision, the date of the next revision must be envisioned in a timeframe, which allows the EU to quickly react to developments in international trade policy, especially with regard to trade partners’ service and intellectual property commitments

Amendment 36 Emmanouil Fragkos

Proposal for a regulation Recital 9

Text proposed by the Commission Amendment

(9) Finally, the review clause of (9) Finally, the review clause of

PE652.575v01-00 12/27 AM\1206492EN.docx EN Regulation (EU) No 654/2014 should be Regulation (EU) No 654/2014 should be renewed for another five-year period and renewed for another five-year period and should cover the application of the should cover the application of the proposed amendment. proposed amendment. Should a future review point out desirability of including further trade policy measures in the scope of the Regulation (EU) No 654/2014, the legislative proposal to include such measures should be accompanied by a full impact assessment.

Or. en

Amendment 37 Tiziana Beghin

Proposal for a regulation Recital 9

Text proposed by the Commission Amendment

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

Or. en

Amendment 38 Reinhard Bütikofer

Proposal for a regulation Recital 9

Text proposed by the Commission Amendment

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

Or. en

AM\1206492EN.docx 13/27 PE652.575v01-00 EN Justification

Amendment 39 Helmut Scholz

Proposal for a regulation Recital 9

Text proposed by the Commission Amendment

(9) Finally, the review clause of (9) Finally, the review clause of Regulation (EU) No 654/2014 should be Regulation (EU) No 654/2014 should be renewed for another five-year period and renewed until 2023 and should cover the should cover the application of the application of the proposed amendment. proposed amendment.

Or. en

Amendment 40 Tiziana Beghin

Proposal for a regulation Article 1 – paragraph 1 – point -1 (new) Regulation (EU) No 654/2014 Article 1 – paragraph 1 – point a

Present text Amendment

(-1) In the first paragraph of Article 1, point (a) is replaced by the following: (a) responding to breaches by third (a) responding to breaches by third countries of international trade rules which countries of international trade rules which affect the Union's interests, with a view to affect the Union's interests, with a view to seeking a satisfactory solution that restores seeking an adequate solution that restores benefits for the Union's economic benefits for the Union's economic operators; operators;

Or. en

PE652.575v01-00 14/27 AM\1206492EN.docx EN Amendment 41 Tiziana Beghin

Proposal for a regulation Article 1 – paragraph 1 – point -1 a (new) Regulation (EU) No 654/2014 Article 1 – paragraph 1 – point b

Present text Amendment

(-1a) In the first paragraph of Article 1, point (b) is replaced by the following: (b) rebalancing concessions or other (b) rebalancing concessions or other obligations in the trade relations with third obligations in the trade relations with third countries, when the treatment accorded to countries, when the treatment accorded to goods from the Union is altered in a way goods and services from the Union is that affects the Union's interests. altered in a way that affects the Union's interests.

Or. en

Justification

It is mandatory to enlarge the scope to possible alterations including services

Amendment 42 Tiziana Beghin

Proposal for a regulation Article 1 – paragraph 1 – point -1 b (new) Regulation (EU) No 654/2014 Article 2 – paragraph 1 – point b

Present text Amendment

(-1b) In the first paragraph of Article 2, point (b) is replaced by the following: (b) "concessions or other obligations" (b) "concessions or other obligations" means tariff concessions or any other means tariff concessions, commitments in benefits that the Union has committed the sector of intellectual property rights or itself to applying in its trade with third services or any other benefits that the countries by virtue of international trade Union has committed itself to applying in agreements to which it is a party; its trade with third countries by virtue of any kind of international trade agreements to which it is a party;

AM\1206492EN.docx 15/27 PE652.575v01-00 EN Or. en

Amendment 43 Tiziana Beghin

Proposal for a regulation Article 1 – paragraph 1 – point 1 – point a Regulation (EC) No 654/2014 Article 3 – paragraph 1 – point a a

Text proposed by the Commission Amendment

(aa) following the circulation of a WTO (aa) if an appeal under Article 17 of the panel report upholding, in whole or in WTO Dispute Settlement Understanding part, the claims brought by the European cannot be completed and if the third Union, if an appeal under Article 17 of the country has not agreed to interim appeal WTO Dispute Settlement Understanding arbitration under Article 25 of the WTO cannot be completed and if the third Dispute Settlement Understanding; country has not agreed to interim appeal arbitration under Article 25 of the WTO Dispute Settlement Understanding;

Or. en

Amendment 44 Bernd Lange, Agnes Jongerius, Joachim Schuster, Paolo De Castro, Kathleen Van Brempt, Inma Rodríguez-Piñero

Proposal for a regulation Article 1 – paragraph 1 – point 1 – point a a (new) Regulation (EC) No 654/2014 Article 3 – paragraph 1 – point a b (new)

Text proposed by the Commission Amendment

(aa) the following point (ab) is inserted: (ab) In the event of the adoption by commercial policy measures by a third country that nullify or impair the commercial interests of the Union and constitute a clear breach of international law and which the Union has challenged at the WTO;

PE652.575v01-00 16/27 AM\1206492EN.docx EN Or. en

Amendment 45 Helmut Scholz

Proposal for a regulation Article 1 – paragraph 1 – point 1 – point b Regulation (EU) No 654/2014 Article 3 – paragraph 1 – point b b

Text proposed by the Commission Amendment

(bb) in trade disputes relating to other (bb) in trade disputes relating to other international trade agreements, including international trade agreements, including regional or bilateral agreements, if regional or bilateral agreements, if adjudication is not possible because the adjudication is not possible because the third country is not taking the steps that are third country is not taking the steps that are necessary for a dispute settlement necessary for a dispute settlement procedure to function; procedure to function, including on commitments in the chapter on Trade and Sustainable Development in the Union‘s trade agreements, and Association Agreements;

Or. en

Justification

The Union considers the content and commitments in each chapter on Trade and Sustainable Development as binding, and shall hence be able to react if a partner does not deliver on its part in the agreed proceedings to settle a related dispute.

Amendment 46 Reinhard Bütikofer

Proposal for a regulation Article 1 – paragraph 1 – point 1 – point b a (new) Regulation (EU) No 654/2014 Article 3 – paragraph 1 – point b c (new)

Text proposed by the Commission Amendment

(ba) the following point (bc) is inserted: (bc) notwithstanding points (a), (aa), (b) and (bb), when a third country adopts

AM\1206492EN.docx 17/27 PE652.575v01-00 EN or maintains measures that are manifestly in violation of its obligations towards the European Union, or are prejudicial to its commercial interests, provided that the Union has challenged those measures in the procedurally correct way and after receiving a favourable opinion of the first instance of the relevant dispute settlement mechanism.

Or. en

Amendment 47 Bernd Lange, Agnes Jongerius, Joachim Schuster, Paolo De Castro, Kathleen Van Brempt, Inma Rodríguez-Piñero, Raphaël Glucksmann, Costas Mavrides

Proposal for a regulation Article 1 – paragraph 1 – point 1 – point b a (new) Regulation (EC) No 654/2014 Article 3 – paragraph 1 – point b c

Text proposed by the Commission Amendment

(ba) the following point (bc) is inserted: (bc) In trade disputes relating to other international trade agreements, including regional or bilateral agreements, if adjudication is not possible, including because of lack of specificity of provisions, leading to a non-functioning dispute settlement procedure.

Or. en

Amendment 48 Tiziana Beghin

Proposal for a regulation Article 1 – paragraph 1 – point 1 – point b a (new) Regulation (EU) No 654/2014 Article 3 – paragraph 1 – point d

PE652.575v01-00 18/27 AM\1206492EN.docx EN Present text Amendment

(ba) point (d) is replaced by the following: (d) in cases of modification of (d) in cases of modification of concessions by a WTO member under concessions or commitments by a WTO Article XXVIII of the GATT 1994, where member under Articles XXVIII of the no compensatory adjustments have been GATT 1994 and Article XXI of the GATS, agreed. where no compensatory adjustments have been agreed.

Or. en

Amendment 49 Anna-Michelle Asimakopoulou, Christophe Hansen, Seán Kelly, Daniel Caspary, Danuta Maria Hübner, Massimiliano Salini, Iuliu Winkler

Proposal for a regulation Article 1 – paragraph 1 – point 1 – point ba (new) Regulation (EU) No 654/2014 Article 3 – paragraph 1 – point d a (new)

Text proposed by the Commission Amendment

(ba) the following point (da) is inserted: (da) In the event of the adoption by a third country of unreasonable or discriminatory measures, a clear violation of its trade obligations towards the Union, which could cause or threaten serious injury to the Union's commercial interests or jeopardise strategic autonomy, provided that the Union has appropriately challenged those measures in front of the relevant dispute settlement body.

Or. en

Amendment 50 Tiziana Beghin

Proposal for a regulation Article 1 – paragraph 1 – point 1 – point b b (new)

AM\1206492EN.docx 19/27 PE652.575v01-00 EN Regulation (EU) No 654/2014 Article 3 – paragraph 1 – point d a (new)

Text proposed by the Commission Amendment

(bb) the following point (da) is inserted: (da) in the event of the adoption by a third country of trade measures constituting a clear breach of international law and harming the commercial interests of the Union;

Or. en

Amendment 51 Tiziana Beghin

Proposal for a regulation Article 1 – paragraph 1 – point 1 – point b c (new) Regulation (EU) No 654/2014 Article 3 – paragraph 1 – point d b (new)

Text proposed by the Commission Amendment

(bc) the following point (db) is inserted: (db) in the event of the adoption by a third country of policy measures constituting a clear breach of its obligations under the Trade and Sustainable Chapter of trade agreements to which it is a party;

Or. en

Justification

We should guarantee rebalancing measures when TSD chapters obligations are not respected.

Amendment 52 Paolo De Castro, Bernd Lange, Raphaël Glucksmann, Inma Rodríguez-Piñero, Costas Mavrides

PE652.575v01-00 20/27 AM\1206492EN.docx EN Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) No 654/2014 Article 4 – paragraph 2 – point b b

Text proposed by the Commission Amendment

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

Or. en

Amendment 53 Tiziana Beghin

Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) No 654/2014 Article 4 – paragraph 2 – point b b

Text proposed by the Commission Amendment

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

Or. en

Amendment 54 Reinhard Bütikofer

Proposal for a regulation Article 1 – paragraph 1 – point 2

AM\1206492EN.docx 21/27 PE652.575v01-00 EN Regulation (EU) No 654/2014 Article 4 – paragraph 2 – point b b

Text proposed by the Commission Amendment

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

Or. en

Amendment 55 Anna-Michelle Asimakopoulou

Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) No 654/2014 Article 4 – paragraph 2 – point b b

Text proposed by the Commission Amendment

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

Or. en

Amendment 56 Paolo De Castro, Bernd Lange, Raphaël Glucksmann, Inma Rodríguez-Piñero, Costas Mavrides

Proposal for a regulation Article 1 – paragraph 1 – point 2 a (new) Regulation (EU) No 654/2014 Article 4 a (new)

PE652.575v01-00 22/27 AM\1206492EN.docx EN Text proposed by the Commission Amendment

(2a) The following article shall be inserted : Article 4a Request by the European Parliament or Member States 1. The European Parliament or Member States 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 or a Member State decides to make use of the possibility referred to in paragraph 1, it shall supply the Commission with any evidence of cases referred to in Article 3 that nullifies or impairs the commercial interests of the Union. 3. After the receipt of a request, the Commission shall inform the European Parliament and Member States without delay of how it intends to follow up on the request.

Or. en

Amendment 57 Tiziana Beghin

Proposal for a regulation Article 1 – paragraph 1 – point 2 a (new) Regulation (EU) No 654/2014 Article 5 – paragraph 1 – point b a (new)

Text proposed by the Commission Amendment

(2a) In Article 5(1), the following point is inserted: (ba) the suspension of commitments or other obligations in the in the sector of intellectual property rights and services;

AM\1206492EN.docx 23/27 PE652.575v01-00 EN Or. en

Amendment 58 Tiziana Beghin

Proposal for a regulation Article 1 – paragraph 1 – point 2 b (new) Regulation (EU) No 654/2014 Article 7 – paragraph 2 – point c

Present text Amendment

(2b) In Article 7(2), point (c) is replaced by the following: (c) in cases of modification of (c) in cases of modification of concessions by a WTO member under concessions or commitments by a WTO Article XXVIII of the GATT 1994, when member under Article XXVIII of the the third country concerned accords GATT 1994 or Article XXI of GATS, adequate and proportionate compensation when the third country concerned accords to the Union after the adoption of an adequate and proportionate compensation implementing act under Article 4(1). to the Union after the adoption of an implementing act under Article 4(1).

Or. en

Amendment 59 Reinhard Bütikofer

Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a Regulation (EU) No 654/2014 Article 10 – paragraph 1

Text proposed by the Commission Amendment

By 1 March 2025 at the latest, the Between ... [18 months from the date of Commission shall review the scope of this entry into force of this amending Regulation, taking into account in Regulation] and ... [two years from the particular the amendments to the scope date of entry into force of this amending having effect from [date of entry into force Regulation], the Commission shall review of this amending Regulation], the the scope of this Regulation, taking into commercial policy measures that may be account in particular the amendments to adopted, as well as its implementation, and the scope having effect from [date of entry shall report its findings to the European into force of this amending Regulation], including the possibility of widening the

PE652.575v01-00 24/27 AM\1206492EN.docx EN Parliament and the Council. scope with regard to the enforcement of service and Intellectual Property commitments of EU trade partners, 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.

Or. en

Justification

Amendment 60 Tiziana Beghin

Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a Regulation (EU) No 654/2014 Article 10 – paragraph 1

Text proposed by the Commission Amendment

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

Or. en

Amendment 61 Helmut Scholz

AM\1206492EN.docx 25/27 PE652.575v01-00 EN Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a Regulation (EU) No 654/2014 Article 10 – paragraph 1

Text proposed by the Commission Amendment

By 1 March 2025 at the latest, the By 1 March 2023, the Commission shall Commission shall review the scope of this review the scope of this Regulation, taking Regulation, taking into account in into account in particular the amendments particular the amendments to the scope to the scope having effect from [date of having effect from [date of entry into force entry into force of this amending of this amending Regulation], the Regulation], the commercial policy commercial policy measures that may be measures that may be adopted, as well as adopted, as well as its implementation, and its implementation, and shall report its shall report its findings to the European findings to the European Parliament and Parliament and the Council. the Council.

Or. en

Justification

The review of the scope of this Regulation shall be dealt with again by the current Parliament.

Amendment 62 Tiziana Beghin

Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b – point i Regulation No 654/2014 Article 10 – paragraph 2

Text proposed by the Commission Amendment

(i) in the first subparagraph of deleted 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. ’

PE652.575v01-00 26/27 AM\1206492EN.docx EN Or. en

Amendment 63 Reinhard Bütikofer

Proposal for a regulation Article 1 – paragraph 1 – point 3 a (new) Regulation No 654/2014 Article 12

Present text Amendment

(3a) Article 12 is replaced by the following: Article 12 Article 12 Entry into force Entry into force This Regulation shall enter into force on This Regulation shall enter into force on the twentieth day following that of its the twentieth day following that of its publication in the Official Journal of the publication in the Official Journal of the European Union. European Union. Point (bc) of Article 1(3) shall apply from .... [OJ please insert the date 18 months following the date of entry into force of this amending Regulation].

Or. en

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