Brussels, 02 February 2023
Interinstitutional files:
2021/0406 (COD)
WK 1591/2023 INIT
LIMITE
POLCOM
COMER
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WORKING DOCUMENT
From:
Presidency
To:
Working Party on Trade Questions
Subject:
ACI - 5-column document with SE Presidency Assessment for the informal video
conference of the members of the WPTQ on 6 February 2023
WK 1591/2023 INIT
LIMITE
EN
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the
protection of the Union and its Member States from economic coercion by third countries
2021/0406(COD)
Version for discussion at the Working Party for Trade Questions 6 February 2023 with focus on the following clusters:
2. 1st stage: substantive provisions and process; 3. Union response (including criteria and design of measures (article 8 and 9); 5. Decision making
(urgency procedure and delegated acts); 8. Rules of Origin
New PRES ASSESSMENTS in these lines (some of which have already been discussed as part of other clusters) have been highlighted in yellow.
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Formula
G
1
2021/0406 (COD)
2021/0406 (COD)
2021/0406 (COD)
2021/0406 (COD)
G
Proposal Title
Proposal for a
Proposal for a
Proposal for a
Proposal for a
REGULATION OF THE
REGULATION OF THE
REGULATION OF THE
REGULATION OF THE
EUROPEAN
EUROPEAN
EUROPEAN
EUROPEAN PARLIAMENT
PARLIAMENT AND OF
PARLIAMENT AND OF
PARLIAMENT AND OF
AND OF THE COUNCIL
G
2
THE COUNCIL
THE COUNCIL
THE COUNCIL
on the protection of the Union and
G
on the protection of the
on the protection of the
on the protection of the
its Member States from economic
Union and its Member States Union and its Member States Union and its Member States
coercion by third countries
from economic coercion by
from economic coercion by
from economic coercion by
third countries
third countries
third countries
Formula
THE EUROPEAN
THE EUROPEAN
THE EUROPEAN
THE EUROPEAN PARLIAMENT
G
3
PARLIAMENT AND THE
PARLIAMENT AND THE
PARLIAMENT AND THE
AND THE COUNCIL OF THE
G
COUNCIL OF THE
COUNCIL OF THE
COUNCIL OF THE
EUROPEAN UNION,
EUROPEAN UNION,
EUROPEAN UNION,
EUROPEAN UNION,
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of the Union and its Member States from economic coercion by third countries 2021/0406(COD) 25-01-
2023 at 11h25 1/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Citation 1
Having regard to the Treaty
Having regard to the Treaty
Having regard to the Treaty
Having regard to the Treaty on the
on the Functioning of the
on the Functioning of the
on the Functioning of the
Functioning of the European
G
4
European Union, and in
European Union, and in
European Union, and in
Union, and in particular Article
G
particular Article 207(2)
particular Article 207(2)
particular Article 207(2)
207(2) thereof,
thereof,
thereof,
thereof,
Citation 2
Having regard to the
Having regard to the
Having regard to the
Having regard to the proposal from
G
5
proposal from the European
proposal from the European
proposal from the European
the European Commission,
G
Commission,
Commission,
Commission,
Citation 3
After transmission of the
After transmission of the
After transmission of the
After transmission of the draft
G
6
draft legislative act to the
draft legislative act to the
draft legislative act to the
legislative act to the national
G
national parliaments,
national parliaments,
national parliaments,
parliaments,
Citation 4
Acting in accordance with
Acting in accordance with
Acting in accordance with
Acting in accordance with the
G
7
the ordinary legislative
the ordinary legislative
the ordinary legislative
ordinary legislative procedure,
G
procedure,
procedure,
procedure,
Formula
G
8
Whereas:
Whereas:
Whereas:
Whereas:
G
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2023 at 11h25 2/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Recital 1
(1) Pursuant to Article 3(5)
(1) Pursuant to Article 3(5)
(1) Pursuant to Article 3(5)
(1) Pursuant to Article 3(5) of the
of the Treaty on European
of the Treaty on European
of the Treaty on European
Treaty on European Union (TEU),
Union, in its relations with
Union, in its relations with
Union
(TEU), in its relations
in its relations with the wider
the wider world, the Union
the wider world, the Union is with the wider world, the
world, the Union is to uphold and
is to uphold and promote its
to uphold and promote its
Union is to uphold and
promote its values and interests and
values and interests and
values and interests and
promote its values and
contribute to the protection of its
contribute to the protection
contribute to the protection
interests and contribute to
citizens and is to contribute, among
of its citizens and, among
of its citizens and, among
the protection of its citizens
other things, to solidarity and
other things, to solidarity
other things, to solidarity
and
is to contribute, among
mutual respect among peoples and
G
9
and mutual respect among
and mutual respect among
other things, to solidarity and
the strict observance and the
G
peoples and the strict
peoples and the strict
mutual respect among
development of international law,
observance and the
observance and the
peoples and the strict
including respect for the principles
development of international development of international observance and the
of the United Nations Charter (the
law, including respect for the law, including respect for the development of international
“UN Charter”).
principles of the United
principles of the United
law, including respect for the
Nations Charter.
Nations Charter.
principles of the United
Nations Charter
(the "UN
Charter").
Recital 2
(2) Pursuant to Article 21(1) (2) Pursuant to Article 21(1) (2) Pursuant to Article 21(1)
(2) Pursuant to Article 21(1) TEU,
of the Treaty on European
of the Treaty on European
of the Treaty on European
the Union's action on the
Union, the Union's action on Union, the Union's action on Union
TEU, the Union's
international scene is to be guided
the international scene is to
the international scene is to
action on the international
by principles such as the rule of
G
10
be guided by principles such be guided by principles such scene is to be guided by
law, equality and solidarity, and
G
as the rule of law, equality
as the rule of law, equality
principles such as the rule of
respect for the principles of the
and solidarity, and respect
and solidarity, and respect
law, equality and solidarity,
UN Charter and international law.
for the principles of the
for the principles of the
and respect for the principles
It also states that the Union is to
United Nations Charter and
United Nations Charter and
of the United Nations
UN
promote multilateral solutions to
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
international law. It also
international law. It also
Charter and international
common problems.
states that the Union is to
states that the Union is to
law. It also states that the
promote multilateral
promote multilateral
Union is to promote
solutions to common
solutions to common
multilateral solutions to
problems.
problems.
common problems.
Recital 3
(3) Pursuant to Article 1 of
(3) Pursuant to Article 1 of
(3) Pursuant to Article 1 of
(3) Pursuant to Article 1 of the UN SE PRES agrees
the United Nations Charter,
the United Nations Charter,
the United Nations
UN
Charter, one of the purposes of the
(Council mandate)
the purposes of the United
the purposes of the United
Charter,
one of the purposes
United Nations is to develop
Nations include the purpose
Nations include the purpose
of the United Nations
friendly relations among nations
to develop friendly relations
to develop friendly relations
include the purpose
is to
based on, among other things,
among nations based on
among nations based on
develop friendly relations
respect for the principle of equal
respect for the principle of
respect for the principle of
among nations based on
,
rights.
equal rights.
equal rights.
Moreover, in
among other things, respect
accordance with the
for the principle of equal
Declaration On Principles
rights.
Of International Law
Friendly Relations And Co-
11
Operation Among States in
accordance with the
Charter Of The United
Nations, international
relations are to be
conducted in line with the
principles of sovereign
equality and non-
intervention1a.
_________________
1a UN General Assembly,
Declaration on Principles of
International Law
concerning Friendly
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2023 at 11h25 4/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Relations and Cooperation
among States in accordance
with the Charter of the
United Nations, 24 October
1970, A/RES/2625(XXV)
Recital 4
(4) Article 21(2) of the
(4) Article 21(2) of the
(4) Article 21(2) of the
(4) Article 21(2) TEU requires the
Treaty on European Union
Treaty on European Union
Treaty on European
Union to define and pursue
requires the Union to define
requires the Union to define
Union
TEU requires the
common policies and actions, and
and pursue common policies and pursue common policies Union to define and pursue
work for a high degree of
and actions, and work for a
and actions, and work for a
common policies and
cooperation in all fields of
high degree of cooperation
high degree of cooperation
actions, and work for a high
international relations in order to,
in all fields of international
in all fields of international
degree of cooperation in all
among other things, safeguard its
relations, among other things relations, among other things fields of international
values, fundamental interests,
G
12
in order to safeguard its
in order to safeguard its
relations
in order to, among
independence and integrity,
G
values, fundamental
values, fundamental
other things in order to
,
consolidate and support the rule of
interests, independence and
interests, independence and
safeguard its values,
law, and the principles of
integrity, consolidate and
integrity, consolidate and
fundamental interests,
international law.
support the rule of law, and
support the rule of law, and
independence and integrity,
the principles of
the principles of
consolidate and support the
international law.
international law.
rule of law, and the
principles of international
law.
Recital 4a
(4a) The international law
[(4a) The Declaration on
of state responsibility for
Principles of International Law
12a
internationally wrongful
concerning Friendly Relations
acts has been codified by
and Co-operation among States in
the United Nations’
accordance with the Charter of
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2023 at 11h25 5/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
International Law
the United Nations, states that
Commission in 20011a and
international relations are to be
should guide the Union’s
conducted in line with the
action where the Union
principles of sovereign equality
faces economic coercion
and non-intervention.1a This
from a third country that
Declaration also provides, in
constitutes an
relation to the principle
internationally wrongful
concerning the duty not to
act. The "Declaration on
intervene in matters within the
Principles of International
domestic jurisdiction of any State,
Law concerning Friendly
that no State may use or
Relations and Co-operation
encourage the use of economic,
among States in accordance
political or any other type of
with the Charter of the
measures to coerce another State
United Nations"1b states
in order to obtain from it the
that no State may use or
subordination of the exercise of its
encourage the use of
sovereign rights and to secure
economic political or any
from it advantages of any kind.
other type of measures to
This reflects customary
coerce another State in
international law and is thus
order to obtain from it the
binding in the relations between
subordination of the
third countries and the Union
exercise of its sovereign
and its Member States.
rights and to secure from it
Rules of customary international
advantages of any kind.
law of state responsibility for
Those codified rules of
internationally wrongful acts are
customary international law
reflected in the United Nations’
are binding.
International Law Commission’s
__________________
Articles on the Responsibility of
1a Internationally
States for Internationally
Wrongful Acts, adopted by
Wrongful Acts1b and are binding
the United Nations’
in the relations between third
International Law
countries and the Union and its
Commission at its fifty-third
Member States.
session, in2001, and taken
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2023 at 11h25 6/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
note of by the United
_________________
Nations General Assembly
1a UN General Assembly,
in resolution56/83.
Declaration on Principles of
1b United Nations General
International Law concerning
Assembly Resolution 2625
Friendly Relations and Co-
(XXV) of 24 Oct 1970.
operation among States in
accordance with the Charter of
the United Nations, 24 October
1970, A/RES/2625(XXV).
1b Adopted by the United Nations’
International Law Commission at
its fifty-third session, in 2001, and
taken note of by the United
Nations General Assembly in
Resolution 56/83.
Recital 5
(5) The modern
(5) The modern
(5) The modern
(5) The modern interconnected
interconnected world
interconnected world
interconnected world
world economy increases the risk
economy creates an
economy creates an
economy creates an
of economic coercion, as it
increased risk of, and
increased risk of, and
increased
increases the risk
provides countries with enhanced,
opportunity for, economic
opportunity for, economic
of, and opportunity for,
including hybrid, means to deploy
coercion, as it provides
coercion, as it provides
economic coercion, as it
such coercion. It is desirable that
countries with enhanced,
countries with enhanced,
provides countries with
the Union contribute to the
13
including hybrid, means to
including hybrid, means to
enhanced, including hybrid,
creation, development and
deploy such coercion. It is
deploy such coercion. It is
means to deploy such
clarification of international
desirable that the Union
desirable that the Union
coercion. It is desirable that
frameworks for the prevention and
contribute to the creation,
contribute to the creation,
the Union contribute to the
elimination of situations of
development and
development and
creation, development and
economic coercion.
clarification of international
clarification of international
clarification of international
frameworks for the
frameworks for the
frameworks for the
prevention and elimination
prevention and elimination
prevention and elimination
of situations of economic
of situations of economic
of situations of economic
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2023 at 11h25 7/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
coercion.
coercion.
coercion.
Recital 6
(6) Whilst always acting
(6) Whilst always acting
(6) Whilst always acting
(6) Whilst always acting within the
within the framework of
within the framework of
within the framework of
framework of international law, it
international law, it is
international law, it is
international law, it is
is essential that the Union possess
essential that the Union
essential that the Union
essential that the Union
an appropriate instrument to deter
possess an appropriate
possess an appropriate
possess an appropriate
and counteract economic coercion
instrument to deter and
instrument to deter and
instrument to deter and
by third countries in order to
counteract economic
counteract economic
counteract economic
safeguard its rights and interests
coercion by third countries
coercion by third countries
coercion by third countries
and those of its Member States.
in order to safeguard its
in order to safeguard its
in order to safeguard its
This is particularly the case where
rights and interests and those rights and interests and those rights and interests and those
third countries take measures
of its Member States. This is of its Member States. This is of its Member States. This is
affecting trade or investment that
particularly the case where
particularly the case where
particularly the case where
interfere in the legitimate sovereign
third countries take measures third countries take
, fail to
third countries take measures
choices of the Union or a Member
affecting trade or investment
take or threaten to take
affecting trade or investment
State by seeking to prevent or
14
that interfere in the
measures affecting trade or
that interfere in the
obtain the cessation, modification
legitimate sovereign choices investment that interfere in
legitimate sovereign choices
or adoption of a particular act by
of the Union or a Member
the legitimate sovereign
of the Union or a Member
the Union or a Member State
,
State by seeking to prevent
choices of the Union or a
State by seeking to prevent
including an expression of a
or obtain the cessation,
Member State by seeking to
or obtain the cessation,
position by an institution or body
modification or adoption of
prevent or obtain the
modification or adoption of a
of the Union or a Member . . Such
a particular act by the Union cessation, modification or
particular act by the Union
measures affecting trade or
or a Member State. Such
adoption of a particular act
,
or a Member State. Such
investment may include not only
measures affecting trade or
including any form of a
measures affecting trade or
actions taken on, and having effects
investment may include not
particular policy choice or a investment may include not
within, the territory of the third
only actions taken on, and
stance with regard to a
only actions taken on, and
country concerned, but also actions
having effects within, the
policy choice such as
having effects within, the
taken by the third country,
territory of the third country,
European Parliament
territory of the third country
including through entities
but also actions taken by the
resolutions, by the Union or
concerned, but also actions
controlled or directed by the third
third country, including
a Member State. Such
taken by the third country,
country and present in the Union,
through entities controlled or measures affecting trade or
including through entities
that cause harm to economic
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
directed by the third country investment may include not
controlled or directed by the
activities in the Union.
The terms
and present in the Union,
only actions taken
, failures
third country and present in
"third country" should be
that cause harm to economic
to act, or actions threatened the Union, that cause harm
understood to include not only a
activities in the Union.
or to be taken on, and
to economic activities in the
foreign State, but also a separate
having effects within, the
Union.
customs territory or other subject
territory of the third country,
of international law because these
but also actions taken
or
entities are capable of economic
threatened to be taken by
coercion. The utilisation of these
the third country, including
terms and the application of this
through entities controlled or
Regulation does not have any
directed by the third country
implication regarding sovereignty.
and present in the Union,
This Regulation should also be
that cause harm to economic
applied in conformity with the
activities in the Union
, such
Union’s position in relation to the
as, among others, some
third country concerned.
extraterritorial effects of
third country sanctions
affecting EU businesses and
individuals, and ultimately
the sovereignty of the
European Union’s choices.
Recital 7
(7) This Regulation aims to
(7)
This Regulation aims to (7) This Regulation aims to
(7) This Regulation aims to ensure SE PRES proposes
ensure an effective, efficient ensure an effective, efficient ensure an effective, efficient
an effective, efficient and swift
to agree
and swift Union response to
and swift Union response to
and swift Union response to
Union response to economic
economic coercion,
economic coercion
,
economic coercion,
coercion,
includingespecially the
15
including deterrence of
including especially the
including deterrence of
deterrence of economic coercion
economic coercion of the
deterrence of economic
economic coercion of the
of the Union or a Member State
Union or a Member State
coercion of the Union or a
Union or a Member State
and, as a last resort,
and, in the last resort,
Member State and,
in the
and, in the
as a last resort,
countermeasures. This Regulation
countermeasures.
last resortwhere necessary
countermeasures.
This
is without prejudice to other
because other instruments
Regulation is without
existing Union instruments and
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2023 at 11h25 9/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
cannot protect the Union
prejudice to other existing
international agreements, as well as
interest adequately,
Union instruments and
actions taken thereunder, in the
countermeasures.
This
international agreements,
area of the common commercial
Regulation complements
as well as actions taken
policy, and to other Union policies.
Union law in the field of
thereunder, in the area of
trade such as Regulation
the common commercial
(EU)2021/167 of the
policy, and to other Union
European Parliament and
policies.
of the Council1a.
__________________
1a Council Regulation
(EC) No 2271/96 of 22
November 1996 protecting
against the effects of the
extra-territorial application
of legislation adopted by a
third country, and actions
based thereon or resulting
therefrom, OJ L
309,29.11.1996, p. 1.
Recital 7a
(7bis) Economic coercion
(
7bis7a) Economic coercion by
by third countries may
third countries may
target foreign
target foreign policy
policy actions of the Union or a
actions of the Union or a
Member State, while a
Member State, while a
determination of the existence of
15a
determination of the
economic coercion, and responses
existence of economic
thereto, may have significant
coercion, and responses
implications for relations with third
thereto, may have
countries. It is necessary to ensure
significant implications for
consistent responses in distinct but
relations with third
related policy areas, and this
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
countries. It is necessary to
Regulation is without prejudice to a
ensure consistent responses
possible Union action pursuant to
in distinct but related
specific provisions in Chapter 2 of
policy areas, and this
Title V of TEU on the Union’s
Regulation is without
common foreign and security
prejudice to a possible
policy, to which due consideration
Union action pursuant to
should be given when considering
specific provisions in
any response to economic coercion
Chapter 2 of Title V of
by a third country.
TEU on the Union’s
common foreign and
security policy, to which
due consideration should
be given when considering
any response to economic
coercion by a third
country.
Recital 8
(8) The objectives of this
(8) The objectives of this
(8) The objectives of this
(8) Third countries’ measures of
SE PRES proposes
Regulation, in particular
Regulation, in particular
Regulation, in particular
economic coercion against a
to agree
counteracting third
counteracting third
counteracting Third
Member State affect the Union’s
countries’ economic
countries’ economic
countries’ economic
internal market and the Union as a
coercion of the Union or a
coercion of the Union or a
coercion of the Union
whole. Member States, acting on
Member State, cannot be
Member State, cannot be
or
measures of economic
their own cannot counteract third
16
sufficiently achieved by
sufficiently achieved by
coercion against a Member
countries’ economic coercion
Member States acting on
Member States acting on
State, cannot be sufficiently
through measures falling under the
their own. This is because
their own. This is because
achieved by Member States
area of common commercial
Member States as distinct
Member States as distinct
acting on their own. This is
policy. Given the exclusive
actors under international
actors under international
because
affect the Union’s
competence conferred on the Union
law may not be entitled
law may not be entitled
internal market and the
by Article 207 of the Treaty on the
under international law to
under international law to
Union as a whole. Member
Functioning of the European Union
respond to economic
respond to economic
States
, acting on their own
(TFEU), only the Union may.
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
coercion directed against the coercion directed against the
cannot counteract third
Moreover, Member States as
Union. Additionally,
Union. Additionally, because
countries’ economic
distinct actors under international
because of the exclusive
of the exclusive competence
coercion through measures
law, may not be entitled to
competence conferred on the conferred on the Union by
falling under the area of
counteract third countries
’
Union by Article 207 of the
Article 207 of the Treaty on
common commercial
economic coercion directed against
Treaty on the Functioning of the Functioning of the
policy. Given as distinct
the Union
. Therefore, it is
the European Union,
European Union, Member
actors under international
necessary that the means for
Member States are prevented States are prevented from
law may not be entitled
effectively achieving those
from taking common
taking common commercial
under international law to
objectives are created at the Union
commercial policy measures policy measures as a
respond to economic
level. This Regulation is without
as a response to economic
response to economic
coercion directed against the
prejudice to the division of
coercion. Therefore, those
coercion. Therefore,
those
Union. Additionally, because
competences as defined in the
objectives can be achieved
objectives can be achieved
of the exclusive competence
Treaties.
with greater effectiveness at
with greater effectiveness
conferred on the Union by
Union level.
atit is necessary that the
Article 207 of the Treaty on
means for effectively
the Functioning of the
achieving those objectives
European Union
(TFEU),
are created at the Union
only the Union may.
level.
Moreover, Member States
are prevented from taking
common commercial policy
measures as a response to
as
distinct actors under
international law, may not
be entitled to counteract
third countries economic
coercion
directed against
the Union. This Regulation
is without prejudice to the
division of competences as
defined in the Treaties.
Therefore, those objectives
can be achieved with greater
effectiveness at Union level.
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Recital 9
(9) In accordance with the
(9) In accordance with the
(9) In accordance with the
(9) In accordance with the
principle of proportionality,
principle of proportionality,
principle of proportionality,
principle of proportionality, it is
it is necessary and
it is necessary and
it is necessary and
necessary and appropriate, for
appropriate, for creating an
appropriate, for creating an
appropriate, for creating an
creating an effective and
effective and comprehensive effective and comprehensive effective and comprehensive
comprehensive framework for
framework for Union action
framework for Union action
framework for Union action
Union action against economic
against economic coercion,
against economic coercion,
against economic coercion,
coercion, to lay down rules on the
to lay down rules on the
to lay down rules on the
to lay down rules on the
examination, determination and
examination, determination
examination, determination
examination, determination
counteraction with regard to third
and counteraction with
and counteraction with
and counteraction with
countries’ measures of economic
regard to third countries’
regard to third countries’
regard to third countries’
coercion. In particular, the Union’s
measures of economic
measures of economic
measures of economic
response measures should be
coercion. In particular, the
coercion. In particular, the
coercion. In particular, the
preceded by an examination of the
Union’s response measures
Union’s response measures
Union’s response measures
facts, a determination of the
should be preceded by an
should be preceded by an
should be preceded by an
existence of economic coercion,
examination of the facts, a
examination of the facts, a
examination of the facts, a
and, wherever possible
and
17
determination of the
determination of the
determination of the
provided the third country also
existence of economic
existence of economic
existence of economic
engages in good faith, efforts to
coercion, and, wherever
coercion, and, wherever
coercion, and, wherever
find a solution in cooperation with
possible, efforts to find a
possible
and provided the
possible, efforts to find a
the third country concerned. Any
solution in cooperation with
third country also engages
solution in cooperation with
measures imposed by the Union
the third country concerned.
in good faith, efforts to find
the third country concerned.
should be commensurate with the
Any measures imposed by
a solution in cooperation
Any measures imposed by
injury caused by the third
the Union should be
with the third country
the Union should be
countries’ measures of economic
commensurate with the
concerned. Any measures
commensurate with the
coercion
and should primarily be
injury caused by the third
imposed by the Union
injury caused by the third
aimed at obtaining the cessation
countries’ measures of
should be commensurate
countries’ measures of
of the economic coercion and,
economic coercion. The
with the injury caused by the economic coercion. The
where appropriate, the reparation
criteria for defining the
third countries’ measures of
criteria for defining the
for the injury caused. The criteria
Union response measures
economic coercion
and
Union response measures
for defining the Union response
should take into account in
should primarily be aimed
should take into account in
measures should take into account
particular the need to avoid
at obtaining the cessation of particular the need to avoid
in particular the
effectiveness of
or minimise collateral
the economic coercion and,
or minimise collateral
the response measures in inducing
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Mandate)
effects, administrative
where appropriate, the
effects, administrative
the cessation of the economic
burdens and costs imposed
reparation for the injury
burdens and costs imposed
coercion and the need to avoid or
on Union economic
caused. The criteria for
on Union economic
minimise collateral effects,
operators as well as the
defining the Union response
operators as well as the
disproportionate administrative
Union’s interest. Therefore,
measures should take into
Union’s interest. Therefore,
complexity and burdens and costs
this Regulation does not go
account in particular the
this Regulation does not go
imposed on Union economic
beyond what is necessary in
effectiveness of the
beyond what is necessary in
operators as well as the Union’s
order to achieve the
measures in inducing the
order to achieve the
interest. Therefore, this Regulation
objectives pursued, in
cessation of the economic
objectives pursued, in
does not go beyond what is
accordance with Article 5(4)
coercion and the potential
accordance with Article 5(4)
necessary in order to achieve the
of the Treaty on European
of the measures to provide
of the Treaty on European
objectives pursued, in accordance
Union.
relief to the economic
Union
TEU.
with Article 5(4) TEU.
operators within the Union
affected by the economic
coercion, including via
internal measures such as
an ad hoc compensation
fund for those economic
operators. The need for a
precise indication of the
next steps to be taken and
need to avoid or minimise
the risks of escalation in
international trade
relations, collateral effects,
disproportionate
administrative
burdenscomplexity and costs
imposed on Union economic
operators as well as the
Union’s interest
should also
be taken into account.
Therefore, this Regulation
does not go beyond what is
necessary in order to achieve
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the objectives pursued, in
accordance with Article 5(4)
of the Treaty on European
Union.
Recital 10
(10) Any action undertaken
(10)
Any action undertaken (10) Any action undertaken
(10) Any action undertaken by the SE PRES agrees
by the Union on the basis of
by the Union on the basis of
by the Union on the basis of
Union on the basis of this
(Council Mandate)
this Regulation should
this Regulation should
this Regulation should
Regulation should be consistent
comply with the Union’s
comply with the Union’s
comply with the Union’s
with international law, including
obligations under
obligations under
obligations under
be
customary international law.
international law.
international law.
The Union consistent with
Among the international
International law allows,
should continue to support
international law,
agreements concluded by the
under certain conditions,
the rules-based multilateral
including customary
Union and the Member States, the
such as proportionality and
trading system, with the
international law.
Agreement establishing the World
prior notice, the imposition
World Trade Organisation
International law allows,
Trade Organization (WTO) is the
of countermeasures, that is
(WTO) at its core.
under certain conditions,
cornerstone of the rules-based
to say of measures that
International law allows,
such as proportionality and
multilateral trading system.
would otherwise be contrary under certain conditions,
prior notice, the imposition
Therefore, it is important that the
18
to the international
such as proportionality and
of countermeasures, that is to
Union continue to support that
obligations of an injured
prior notice, the imposition
say of measures that would
system, with the WTO at its core,
party vis-à-vis the country
of countermeasures, that is
otherwise be contrary to the
and to use its dispute settlement
responsible for a breach of
to say of measures that
international obligations of
system where appropriate.
international law, and that
would otherwise be contrary an injured party vis-à-vis the
are aimed at obtaining the
to the international
country responsible for a
cessation of the breach or
obligations of an injured
breach of international law,
reparation for it.1
party vis-à-vis the country
and that are aimed at
Accordingly, response
responsible for a breach of
obtaining the cessation of the
measures adopted under this international law, and that
breach or reparation for it.1
Regulation should take the
are aimed at obtaining the
Accordingly, response
form of either measures
cessation of the breach or
measures adopted under this
adhering to the Union’s
reparation for it.
110
Regulation should take the
international obligations or
Accordingly, response
form of either measures
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measures constituting
measures adopted under this adhering to the Union’s
permitted countermeasures.
Regulation should take the
international obligations or
Under international law, and form of either measures
measures constituting
in accordance with the
adhering to the Union’s
permitted countermeasures.
principle of proportionality,
international obligations or
Under international law, and
they should not exceed a
measures constituting
in accordance with the
level that is commensurate
permitted countermeasures.
principle of proportionality,
with the injury suffered by
Under international law, and they should not exceed a
the Union or a Member State in accordance with the
level that is commensurate
due to the third country’s
principle of proportionality,
with the injury suffered by
measures of economic
they should
not exceed a
Among the international
coercion, taking into account
level that isbe commensurate
agreements concluded by
the gravity of the third
with the injury suffered by
the Union and the Member
country’s measures and the
the Union or a Member State
States, the Agreement
Union’s rights and interests
due to the third country’s
establishing the World
in question. In this respect,
measures of economic
Trade Organization
injury to the Union or a
coercion, taking into account
(WTO) is the cornerstone
Member State is understood
the gravity of the third
of the rules-based
under international law to
country’s measures and the
multilateral trading
include injury to Union
Union’s rights and interests
system. Therefore, it is
economic operators.
in question. In this respect,
important that the Union or
_________
injury to the Union or a
a Member State due to the
1. See Articles 22 and 49-53 of the
Member State is understood
third country’s measures of
Articles on Responsibility of States under international law to
economic coercion, taking
for Internationally Wrongful Acts,
adopted by the United Nations’
include injury to Union
into account the gravity of
International Law Commission at
economic operators.
the third country’s measures
its fifty-third session, in 2001, and
__________________
and the Union’s rights and
taken note of by the United Nations
10 See Articles 22 and 49-
interests in question. In this
General Assembly in resolution
53 of the Articles on
respect, injury to the Union
56/83.
Responsibility of States for
or a Member State is
Internationally Wrongful
understood under
Acts, adopted by the United
international law to include
Nations’ International Law
injury to Union economic
Commission at its fifty-third operators
continue to
session, in 2001, and taken
support that system, with
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SE PRES
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ASSESSMENT
Mandate)
note of by the United
the WTO at its core, and to
Nations General Assembly
use its dispute settlement
in resolution 56/83.
system where appropriate.
_________
_________
1.
See Articles 22 and 49-53 of the
1. See Articles 22 and 49-53 of the
Articles on Responsibility of States
Articles on Responsibility of States
for Internationally Wrongful Acts,
for Internationally Wrongful Acts,
adopted by the United Nations’
adopted by the United Nations’
International Law Commission at
International Law Commission at
its fifty-third session, in 2001, and
its fifty-third session, in 2001, and
taken note of by the United Nations
taken note of by the United Nations
General Assembly in resolution
General Assembly in resolution
56/83.
56/83.
Recital 10a
(10bis) Customary
(10bis) Customary international
international law, as
law, as reflected in Articles 22 and
reflected in Articles 22 and
49 to 53 of the Articles on
49 to 53 of the Articles on
Responsibility of States for
Responsibility of States for
Internationally Wrongful Acts
Internationally Wrongful
(
""ARSIWA
""), adopted by the
Acts ("ARSIWA"),
United Nations’ International Law
adopted by the United
Commission at its fifty-third
Nations’ International Law
session in 2001 and taken note of
18a
Commission at its fifty-
by the United Nations General
third session in 2001 and
Assembly in Resolution 56/83,
taken note of by the United
allows, under certain conditions,
Nations General Assembly
such as proportionality and prior
in resolution 56/83, allows,
notice, the imposition of
under certain conditions,
countermeasures, that is to say of
such as proportionality and
measures that would otherwise be
prior notice, the imposition
contrary to the international
of countermeasures, that is
obligations of an injured party vis-
to say of measures that
à-vis the country responsible for a
would otherwise be
breach of international law, and
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contrary to the
that are aimed at obtaining the
international obligations of
cessation of the breach or
an injured party vis-à-vis
reparation for it. Accordingly,
the country responsible for
Union response measures could
a breach of international
consist, as necessary, not only in
law, and that are aimed at
measures consistent with the
obtaining the cessation of
Union’s international obligations,
the breach or reparation
but also in the non-performance of
for it. Accordingly, Union
international obligations towards
response measures could
the third country concerned insofar
consist, as necessary, not
as the measures of economic
only in measures consistent
coercion of the third country
with the Union’s
constitute an internationally
international obligations,
wrongful act. Under international
but also in the non-
law, and in accordance with the
performance of
principle of proportionality, Union
international obligations
response measures should not
towards the third country
exceed
athe level
that is
concerned insofar as the
commensurate with of the injury
measures of economic
suffered by the Union or a Member
coercion of the third
State due to the third country’s
country constitute an
measures of economic coercion,
internationally wrongful
taking into account the gravity of
act. Under international
the third country’s measures and
law, and in accordance
the Union’s rights and interests in
with the principle of
question. In this respect, injury to
proportionality, Union
the Union or a Member State is
response measures should
understood under international law
not exceed a level that is
to include injury to Union
commensurate with the
economic operators.
injury suffered by the
Union or a Member State
due to the third country’s
measures of economic
coercion, taking into
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account the gravity of the
third country’s measures
and the Union’s rights and
interests in question. In
this respect, injury to the
Union or a Member State
is understood under
international law to include
injury to Union economic
operators.
Recital 10b
10ter Where measures of
10ter Where measures of
economic coercion
economic coercion constitute an
constitute an
internationally wrongful act, the
internationally wrongful
Union should, where appropriate,
act, the Union should,
in addition to the cessation of
where appropriate, in
economic coercion, request the
addition to the cessation of
third country concerned to make
economic coercion, request
reparation of any injury caused to
18b
the third country
the Union or a Member State, in
concerned to make
accordance with Articles 31 and
reparation of any injury
34-39 of the ARSIWA.
caused to the Union or a
Member State, in
accordance with Articles
31 and 34-39 of the
ARSIWA.
Recital 11
19
(11) Coercion is prohibited
(11) Coercion is prohibited
(11) Coercion is prohibited
(11) Coercion is prohibited and
SE PRES proposes
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under international law when under international law when
and therefore a wrongful
therefore a wrongful act under
to agree.
a country deploys measures
a country deploys measures
act under international law
international law when a country
such as trade or investment
such as trade or investment
when a country deploys
deploys measures such as trade or
restrictions in order to obtain restrictions in order to obtain measures such as trade or
investment restrictions in order to
from another country an
from another country an
investment restrictions in
obtain from another country an
action or inaction which that action or inaction which that order to obtain from another
action or inaction which that
country is not internationally country is not internationally country an action or inaction
country is not internationally
obliged to perform and
obliged to perform and
which that country is not
obliged to perform and which falls
which falls within its
which falls within its
internationally obliged to
within its sovereignty, when the
sovereignty, when the
sovereignty, when the
perform and which falls
coercion reaches a certain
coercion reaches a certain
coercion reaches a certain
within its sovereignty, when
qualitative or quantitative
qualitative or quantitative
qualitative or quantitative
the coercion reaches a
threshold, depending on both the
threshold, depending on both threshold, depending on both certain qualitative or
ends pursued and the means
the ends pursued and the
the ends pursued and the
quantitative threshold,
deployed. The Commission should
means deployed. The
means deployed. The
depending on both the ends
examine the third-country action
Commission should examine Commission should
examine pursued and the means
on the basis oftake into account]
the third-country action on
the third-country action on
deployed. The Commission
qualitative and quantitative criteria
the basis of qualitative and
the basis oftake into account should examine the third-
that help in determining whether
quantitative criteria that help qualitative
andor
country action on the basis
the third country interferes in the
in determining whether the
quantitative criteria that help of qualitative and
legitimate sovereign choices of the
third country interferes in
in determining whether the
quantitative criteria that help
Union or a Member State and
the legitimate sovereign
third country interferes in the in determining whether the
whether its action constitutes
choices of the Union or a
legitimate sovereign choices third country interferes in the
economic coercion which requires
Member State and whether
of the Union or a Member
legitimate sovereign choices
a Union response. Among those
its action constitutes
State and whether its action
of the Union or a Member
criteria, there should be elements
economic coercion which
constitutes economic
State and whether its action
that characterise, both qualitatively
requires a Union response.
coercion which requires a
constitutes economic
and quantitatively, notably the
Union response.
coercion which requires a
form, the effects and the aim of the
Union response.
Among
measures which the third country is
those criteria, there should
deploying. Applying those criteria
be elements that
would ensure that only economic
characterise, both
coercion with a sufficiently serious
qualitatively and
impact or, where the economic
quantitatively, notably the
coercion consists in a threat, only a
form, the effects and the
threat that is credible, would fall
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aim of the measures which
under this Regulation. In addition,
the third country is
the Commission should examine
deploying. Applying those
closely whether the third country
criteria would ensure that
pursues a legitimate cause, because
only economic coercion
its objective is to uphold a concern
with a sufficiently serious
that is internationally recognised,
impact or, where the
such as, among other things, the
economic coercion consists
maintenance of international peace
in a threat, only a threat
and security, the protection of
that is credible, would fall
human rights, the protection of the
under this Regulation. In
environment, and the fight against
addition, the Commission
climate change.
should examine closely
whether the third country
pursues a legitimate cause,
because its objective is to
uphold a concern that is
internationally recognised,
such as, among other
things, the maintenance of
international peace and
security, the protection of
human rights, the
protection of the
environment, and the fight
against climate change.
Recital 12
(12) Acts by third countries
(12) Acts by third countries
(12) Acts by third countries
(12) Acts by third countries are
SE PRES agrees
are understood under
are understood under
are understood under
understood under customary
(Council Mandate)
20
customary international law
customary international law
customary international law
international law to include all
to include all forms of action to include all forms of action to include all forms of action
forms of action or omission,
that are attributable to a
that are attributable to a
or omission, including
including threats, that are
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State under customary
State under customary
threats, that are attributable
attributable to a State under
international law.
international law.
to a State under customary
customary international law.
International law qualifies as International law qualifies as international law.
Articles
Articles 2(a) and 4-11 of the
an act of a State, in
an act of a State, in
2(a) and 4-11 of the
ARSIWA confirm that customary
particular: the conduct of
particular: the conduct of
ARSIWA confirm that
international law qualifies as an act
any State organ, of a person
any State organ, of a person
customary international law
of a State, in particular: the conduct
or entity which is not an
or entity which is not an
qualifies as an act of a State,
of any State organ, of a person or
organ of the State but which
organ of the State but which
in particular: the conduct of
entity which is not an organ of the
is empowered by the law of
is empowered by the law of
any State organ, of a person
State but which is empowered by
that State to exercise
that State to exercise
or entity which is not an
the law of that State to exercise
elements of governmental
elements of governmental
organ of the State but which
elements of governmental
authority, an organ placed at authority, an organ placed at is empowered by the law of
authority, an organ placed at the
the disposal of a State by
the disposal of a State by
that State to exercise
disposal of a State by another State,
another State, a person or
another State, a person or
elements of governmental
a person or group of persons that
group of persons that are
group of persons that are
authority, an organ placed at
are acting on the instructions of, or
acting on the instructions of, acting on the instructions of, the disposal of a State by
under the direction or control of,
or under the direction or
or under the direction or
another State, a person or
that State in carrying out the
control of, that State in
control of, that State in
group of persons that are
conduct, a person or group of
carrying out the conduct, a
carrying out the conduct, a
acting on the instructions of,
persons that are exercising
person or group of persons
person or group of persons
or under the direction or
elements of the governmental
that are exercising elements
that are exercising elements
control of, that State in
authority in the absence or default
of the governmental
of the governmental
carrying out the conduct, a
of the official authorities and in
authority in the absence or
authority in the absence or
person or group of persons
circumstances such as to call for
default of the official
default of the official
that are exercising elements
the exercise of those elements of
authorities and in
authorities and in
of the governmental
authority, and conduct that the
circumstances such as to call circumstances such as to call authority in the absence or
State acknowledges and adopts as
for the exercise of those
for the exercise of those
default of the official
its own.
elements of authority, and
elements of authority, and
authorities and in
conduct that the State
conduct that the State
circumstances such as to call
acknowledges and adopts as
acknowledges and adopts as
for the exercise of those
its own.1
its own.1
elements of authority, and
_________
_________
conduct that the State
1. See Articles 2(a) and 4-11 of the
1. See Articles 2(a) and 4-11 of the
acknowledges and adopts as
Articles on Responsibility of States Articles on Responsibility of States
its own.1
for Internationally Wrongful Acts,
for Internationally Wrongful Acts,
footnote 1 above.
footnote 1 above.
_________
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1. See Articles 2(a) and 4-11 of the
Articles on Responsibility of States
for Internationally Wrongful Acts,
footnote 1 above.
Recital 13
NO TEXT PROPOSED
Corresponds to
(13) The Commission
(13) The Commission
could (13) The Commission
on its
article 3(1), line 51.
should examine whether
and, in particular in the
own initiative or upon a
third-country measures are
case of a substantiated
reasoned request of a
coercive, on its own
complaint, should examine
Member State should
initiative or following
whether third-country
examine whether third-
information received from
measures are coercive, on its country measures are
any source, including legal
own initiative or following
coercive, on its own
and natural persons or a
information received from
initiative or following
. The
Member State. Following
any source, including legal
Commission could carry
this examination, the
and natural persons
, the
out such examination on
Commission should
European Parliament or a
the basis of information
determine in a decision
Member State. Following
received from any
reliable
whether the third-country
this examination, the
source, including legal and
21
measure is coercive. The
Commission should
natural persons or a Member
Commission should
determine in a decision
State. Following this
communicate any
whether the third-country
examination
To determine if
affirmative determination to
measure is coercive. The
a third country applies or
the third country concerned,
Commission should
publicly threatens to apply
together with a request that
communicate
anythe result
measures affecting trade or
the economic coercion cease
of this examination. In the
investment, the
and a request, where
case of an affirmative
Commission
’s assessment
appropriate, that any injury
determination
, the
should determine in
be
be repaired.
Commission should
based on facts. In order to
communicate to the third
ensure uniform conditions
country concerned, together
for the implementation of
with a request that the
this Regulation, and in
economic coercion cease and
view of the effects that a
a request, where appropriate, decision whether the third-
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
that any injury be repaired.
country measure is coercive.
determining the existence
of economic coercion by a
third country has on the
Union's overall relations
with the third country
concerned, implementing
powers should be
conferred on the Council.
Therefore, following the
Commission
’s examination
and in the event that should
communicate any
affirmative determination to
the third country concerned,
together with a
request
applies or threatens
to apply coercive measures
affecting trade or
investment, the
Commission should submit
a proposal to the Council
to adopt an implementing
act determining that the
economic coercion cease and
a request, where appropriate,
that any injury be
repaired
third country is
applying a measure of
economic coercion. The
Council should act
expeditiously.
Recital 13a
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
(13bis) In an effort to
(13bis) In an effort to secure the
secure the cessation of
cessation of economic coercion
economic coercion, the
and, where appropriate,
Union should seek an early
reparation of injury, the Union
and just settlement of the
should seek an early and just
matter. Accordingly, the
settlement of the matter.
Commission should
Accordingly, the Commission
provide adequate
should provide adequate
opportunity for
opportunity for consultations with
consultations with the third
the third country concerned and, if
country concerned and, if
that third country is ready to enter
that third country is ready
into consultations in good faith,
to enter into consultations
engage with it expeditiously. In the
in good faith, engage with
course of such consultations, the
it expeditiously. In the
Commission should endeavour to
course of such
resort to means such as mediation,
21a
consultations, the
conciliation, good offices by a third
Commission should
party or submitting the matter to
endeavour to resort to
international adjudication, without
means such as mediation,
prejudice to the division of
conciliation, good offices
competence between the Union and
by a third party or
the Member States. In particular,
submitting the matter to
when the third country suspends its
international adjudication,
actions and agrees to submit the
without prejudice to the
matter to international adjudication,
division of competence
an international agreement with the
between the Union and the
third country should be concluded,
Member States. In
as necessary. Such an international
particular, when the third
agreement could be concluded
country suspends its
either by the Union, in accordance
actions and agrees to
with the procedure laid down in
submit the matter to
Article 218 TFEU, or by the
international adjudication,
Member State concerned.
an international agreement
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
with the third country
should be concluded, as
necessary. Such an
international agreement
could be concluded either
by the Union, in
accordance with the
procedure laid down in
Article 218 TFEU, or by
the Member State
concerned.
Recital 14
(14) The Union should
(14) The Union should
(14) The Union should
(14)
The Union should
support
SE PRES proposes
support and cooperate with
support and cooperate with
support and cooperate with
and cooperate with third countries
to accept.
third countries affected by
third countriespartners
third countries affected by
affected by the same or similar
Notes that this is
the same or similar measures affected by the same or
the same or similar measures
measures of economic coercion or
linked to acceptance
of economic coercion or
similar measures of
of economic coercion or
other interested third countries. The of “partner” or
other interested third
economic coercion or other
other interested third
Union should participate in
possibly the use of
countries. The Union should interested
third
countries. The Union should
international coordination in
any
“actor” in Article 6
participate in international
countriespartners. The
participate in international
bilateral, plurilateral or multilateral (line 68). The
coordination in bilateral,
Union should participate in
coordination in bilateral,
fora that are
geared
language should
22
plurilateral or multilateral
international coordination in
plurilateral or multilateral
towardssuitable for the prevention
correspond.
fora that are geared towards
any bilateral, plurilateral or
fora that are geared towards
or elimination of economic
the prevention or elimination multilateral fora that are
the prevention or elimination
coercion. The Commission should
of the economic coercion.
geared towardssuitable for
of
economic coercion. The
express the Union position after
the prevention or elimination
Commission should
having consulted the Council in
of the economic coercion.
express the Union position
accordance with the Treaties,
after having consulted the
where appropriate, with the
Council in accordance with
participation of the Member States.
the Treaties, where
appropriate, with the
participation of the
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Member Statesthe
economic coercion.
Recital 15
(15) The Union should only (15) The Union
should only (15) The Union should only
(15)
It is desirable that the Union SE PRES proposes
impose countermeasures
impose countermeasures
impose countermeasures
should only impose response
to agree
when other means such as
when otheris encouraged to
when
response measures if
measures if other meansuse
negotiations, mediation or
use proactively all available other means such as
proactively all available means of
adjudication do not lead to
means
of engagement with
negotiations, mediation or
engagement with the third country
the prompt and effective
the third country concerned adjudication do not lead to
concerned such as negotiations,
cessation of the economic
such as negotiations,
the prompt and effective
adjudication or mediation
, and it
coercion and to reparation of
adjudication or mediation
or cessation of the economic
should only impose response
the injury it has caused to
adjudicationand should
coercion and
, where
measures in cases where such
the Union or its Member
impose measures in cases
appropriate and requested
means or adjudication do not lead
States, and where action is
where such means do not
by the Union from the
to the prompt and effective
necessary to protect the
lead to the prompt and
third country concerned, to
cessation of the economic coercion
interests and rights of the
effective cessation of the
the to reparation of the
and, where appropriate and
Union and its Member States economic coercion and to
injury it has caused to the
requested by the Union from the
23
and it is in the Union’s
reparation of the injury it has Union or its Member States,
third country concerned,
to the
interest. It is appropriate that caused to the Union or its
and where action is
reparation of the injury it has
the Regulation sets out the
Member States, and where
necessary to protect the
caused to the Union or its Member
applicable rules and
action is necessary to protect interests and rights of the
States, and where action is
procedures for the
the interests and rights of the Union and its Member States
necessary to protect the interests
imposition and application
Union and its Member States
under international law
and rights of the Union and its
of Union response measures
and it is in the Union’s
and it is in the Union’s
Member States under international
and permits expeditious
interest. It is appropriate that interest
to take such action.
law and it is in the Union’s interest
action where necessary to
the Regulation sets out the
It is appropriate that the
to take such action. It is appropriate
preserve the effectiveness of applicable rules and
Regulation sets out the
that the Regulation sets out the
any Union response
procedures for the
applicable rules and
applicable rules and procedures for
measures.
imposition and application
procedures for the
the imposition and application of
of Union response measures
imposition and application of
Union response measures and
and permits expeditious
Union response measures
permits expeditious action where
action where necessary to
and permits expeditious
necessary to preserve the
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
preserve the effectiveness of action where necessary to
effectiveness of any Union
any Union response
preserve the effectiveness of
response measures.
measures.
any Union response
measures.
Recital 16
(16) Union response
(16) Union response
(16) Union response
(16) Union response measures
SE PRES proposes
measures adopted in
measures adopted in
measures adopted in
adopted in accordance with this
to agree.
accordance with this
accordance with this
accordance with this
Regulation should be selected and
Regulation should be
Regulation should be
Regulation should be
designed on the basis of objective
selected and designed on the selected and designed on the selected and designed on the
criteria, including
: the
basis of objective criteria,
basis of objective criteria,
basis of objective criteria,
effectiveness of the measures in
including: the effectiveness
including:
first and
including: the effectiveness
inducing the cessation of
the
of the measures in inducing
foremost, the effectiveness
of the measures in inducing
coercion
by the third countryand,
the cessation of coercion by
of the measures in inducing
the cessation of coercion by
where appropriate, the reparation
the third country; their
the cessation of coercion by
the third country; their
the
of the injury it has caused; the
potential to provide relief to
the third country;
the
potential to provide relief to
potential to provide relief to
economic operators within
effectiveness of the
economic operators within
economic operators within the
the Union affected by the
measures in repairing the
the Union affected by the
Union affected by the third-country
24
third-country measures of
injury caused by the
third-country measures of
measures of economic coercion;
economic coercion; the aim
economic coercion; and
economic coercion; the aim
the aim of avoiding or minimising
of avoiding or minimising
their potential to provide
of avoiding or minimising
negative economic and other
negative economic and other relief to economic operators
negative economic and other
effects on the Union; and the
effects on the Union; and the within the Union affected by effects on the Union; and the
avoidance of disproportionate
avoidance of
the third-country measures
avoidance of
administrative complexity and
disproportionate
of economic coercion
;. The
disproportionate
costs. It is
also essential that the
administrative complexity
Commission should also
administrative complexity
selection and design of Union
and costs. It is also essential
consider other relevant
and costs. It is also essential
response measures take account of
that the selection and design
factors such as the aim of
that the selection and design
the Union’s interest, which
of Union response measures
avoiding or minimising
of Union response measures
includes, inter alia, the interests of
take account of the Union’s
negative economic and other take account of the Union’s
both upstream and downstream
interest. Union response
effects on the Union; and the interest
, which includes,
industries and final consumers in
measures should be selected
avoidance of
inter alia, the interests of
the Union. When the Commission
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
from a wide array of options disproportionate
both upstream and
is considering Union response
in order to allow the
administrative complexity
downstream industries and
measures it should prioritise
adoption of the most suitable and costs. It is also essential
final consumers in the
measures that would not have a
measures in any given case.
that the selection and design
Union. When the
disproportionate impact on legal
of Union response measures
Commission is considering
certainty and predictability of the
take account of the Union’s
Union response measures it
measures for economic operators,
interest. Union response
should prioritise measures
and on the administration of
measures should be selected
that would not have a
relevant national regulations. When
from a wide array of options
disproportionate impact on
the Commission is considering
in order to allow the
legal certainty and
Union response measures affecting
adoption of the most suitable
predictability of the
authorisations, registrations,
measures in any given case.
measures for economic
licenses or other rights for the
operators, and on the
purposes of commercial activities,
administration of relevant
it should prioritise measures valid
national regulations. When
throughout the Union and based on
the Commission is
secondary legislation, or, where no
considering Union
such measures are appropriate,
response measures
measures in areas where extensive
affecting authorisations,
Union legislation exists. Union
registrations, licenses or
response measures should be
other rights for the
selected from a wide array of
purposes of commercial
options in order to allow the
activities, it should
adoption of the most suitable
prioritise measures valid
measures in any given case.
throughout the Union and
based on secondary
legislation, or, where no
such measures are
appropriate, measures in
areas where extensive
Union legislation exists.
Union response measures
should be selected from a
wide array of options in
order to allow the adoption
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
of the most suitable
measures in any given case.
Recital 16a
(16bis) The Union should
(16bis) The Union should be able
SE PRES agrees
be able to designate
to designate natural or legal
(Council mandate)
natural or legal persons
persons connected or linked to the
connected or linked to the
government of the third country
government of the third
engaging in economic coercion and
country engaging in
thereby make them subject to
economic coercion and
Union response measures in order
thereby make them subject
to induce the prompt cessation of
to Union response
economic coercion. Such targeted
measures in order to
response measures can effectively
24a
induce the prompt
avoid or minimise the negative
cessation of economic
effects of such coercion on
coercion. Such targeted
Member States’ economies and
response measures can
Union economic operators and
effectively avoid or
final consumers.
minimise the negative
effects of such coercion on
Member States’ economies
and Union economic
operators and final
consumers.
Recital 16b
SE PRES suggests
(16ter) As part of the
(16ter) As part of the Union
making the addition
24b
Union response in order to
response in order to induce the
of a reference to
induce the cessation of
cessation of economic coercion by
participation in
economic coercion by third
third countries, the Commission
Union framework
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
countries, the Commission
could also adopt measures pursuant programmes
could also adopt measures
to other legal instruments that
conditional upon the
pursuant to other legal
confer specific powers to the
removal of the
instruments that confer
Commission, for example with
reference to Union
specific powers to the
regard to the granting of Union
Funding in Annex I.
Commission, for example
funding
or possibilities to limit
with regard to the granting
participation in Union framework SE PRES suggests
of Union funding, following
programmes for research and
accepting replacing
the applicable procedures
innovation, following the
"
be commensurate
set out therein. Measures
applicable procedures set out
with" with "
not
adopted by the
therein. Measures adopted by the
exceed"
Commission pursuant to
Commission pursuant to such other
such other legal
legal instruments should be
instruments should be
synchronised with actions taken
synchronised with actions
under this Regulation and be
taken under this
consistent with the Union’s
Regulation and be
obligations under international law.
consistent with the Union’s
In particular, such measures,
obligations under
together with Union response
international law. In
measures adopted under this
particular, such measures,
Regulation, as the case may be,
together with Union
should
be commensurate with not
response measures adopted
exceed the injury caused by the
under this Regulation, as
third countries’ measures of
the case may be, should be
economic coercion. This
commensurate with the
Regulation is without prejudice to
injury caused by the third
rules and procedures under such
countries’ measures of
other legal instruments.
economic coercion. This
Regulation is without
prejudice to rules and
procedures under such
other legal instruments.
Recital 17
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
(17) It is appropriate to set
(17) It is appropriate to set
(17) It is appropriate to set
(17) It is appropriate to set out
SE PRES agrees
out rules on the origin or
out rules on the origin or
out rules on the origin or
rules on the origin or nationality of (Council mandate)
nationality of goods,
nationality of goods, services nationality of goods, services
goods, services and service
services and service
and service providers,
and service providers,
providers, investment and holders
providers, investment and
investment and holders of
investment and holders of
of intellectual property rights, for
holders of intellectual
intellectual property rights,
intellectual property rights,
the purposes of determining the
property rights, for the
for the purposes of
for the purposes of
Union response measures. The
purposes of determining the
determining the Union
determining the Union
rules of origin and of nationality
Union response measures.
response measures. The rules response measures. The rules
should be determined in the light of
The rules of origin or of
of origin or of nationality
of origin or
and of
the prevailing rules for non-
nationality should be
should be determined in the
nationality should be
preferential trade and investment
25
determined in the light of the light of the prevailing rules
determined in the light of the
that are applicable under Union law
prevailing rules for non-
for non-preferential trade
prevailing rules for non-
and the Union’s international
preferential trade and
and investment that are
preferential trade and
agreements. This regulation does
investment that are
applicable under Union law
investment that are
not affect the division of
applicable under Union law
and the Union’s international applicable under Union law
competences between the Union
and the Union’s international agreements.
and the Union’s international
and its Member States in the field
agreements.
agreements.
This regulation
of investment.
does not affect the division
of competences between
the Union and its Member
States in the field of
investment.
Recital 18
(18) In pursuing the
(18) In pursuing the
(18) In pursuing the
(18) In pursuing the objective of
objective of obtaining the
objective of obtaining the
objective of obtaining the
obtaining the cessation of a
cessation of the measure of
cessation of the measure of
cessation of the
a measure of
measure of economic coercion
and,
26
economic coercion, Union
economic coercion
and,
economic coercion, Union
where appropriate, the reparation
response measures
where appropriate, the
response measures
of the injury caused, Union
consisting of restrictions on
reparation of the injury
consisting of restrictions on
response measures consisting of
foreign direct investment or
caused, Union response
foreign direct investment or
restrictions on foreign direct
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
on trade in services should
measures consisting of
on trade in services should
investment or on trade in services
only apply with regard to
restrictions on foreign direct only apply with regard to
should only apply with regard to
services supplied, or direct
investment or on trade in
services supplied, or direct
services supplied, or direct
investments made, within
services should only apply
investments made, within the
investments made, within the
the Union by one or more
with regard to services
Union by one or more legal
Union by one or more legal persons
legal persons established in
supplied, or direct
persons established in the
established in the Union and which
the Union which are owned
investments made, within the Union
and which are owned
are owned or controlled by persons
or controlled by persons of
Union by one or more legal
or controlled by persons of
of the third country concerned,
the third country concerned
persons established in the
the third country concerned
,
where necessary to ensure the
where necessary to ensure
Union which are owned or
where necessary to ensure
effectiveness of Union response
the effectiveness of Union
controlled by persons of the
the effectiveness of Union
measures and in particular to
response measures and in
third country concerned
response measures and in
prevent their avoidance. The
particular to prevent their
where necessary to ensure
particular to prevent their
decision to impose any such
avoidance. The decision to
the effectiveness of Union
avoidance. The decision to
restrictions should be duly justified
impose any such restrictions response measures and in
impose any such restrictions
in implementing acts adopted
will be duly justified in
particular to prevent their
will
should be duly justified
pursuant to this Regulation in the
implementing acts adopted
avoidance. The decision to
in implementing acts
light of the criteria specified in this
pursuant to this Regulation
impose any such restrictions adopted pursuant to this
Regulation.
in the light of the criteria
will be duly justified in
Regulation in the light of the
specified in this Regulation.
implementing acts adopted
criteria specified in this
pursuant to this Regulation
Regulation.
in the light of the criteria
specified in this Regulation.
Recital 19
(19) After the adoption of
(19) After the adoption of
(19) After the adoption of
(19) After the adoption of Union
Union response measures,
Union response measures,
Union response measures,
response measures, the
the Commission should
the Commission should
the Commission should
Commission should continuously
G
27
continuously assess the
continuously assess the
continuously assess the
assess the situation in relation to
G
situation in relation to the
situation in relation to the
situation in relation to the
the third-country measures of
third-country measures of
third-country measures of
third-country measures of
economic coercion, the
economic coercion, the
economic coercion, the
economic coercion, the
effectiveness of the Union response
effectiveness of the Union
effectiveness of the Union
effectiveness of the Union
measures and their effects, with a
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
response measures and their
response measures and their
response measures and their
view to adjusting, suspending or
effects, with a view to
effects, with a view to
effects, with a view to
terminating the response measures
adjusting, suspending or
adjusting, suspending or
adjusting, suspending or
accordingly. It is therefore
terminating the response
terminating the response
terminating the response
necessary to set out the rules and
measures accordingly. It is
measures accordingly. It is
measures accordingly. It is
procedures for amending,
therefore necessary to set out therefore necessary to set out therefore necessary to set out
suspending and terminating Union
the rules and procedures for
the rules and procedures for
the rules and procedures for
response measures and the
amending, suspending and
amending, suspending and
amending, suspending and
situations in which these are
terminating Union response
terminating Union response
terminating Union response
appropriate.
measures and the situations
measures and the situations
measures and the situations
in which these are
in which these are
in which these are
appropriate.
appropriate.
appropriate.
Recital 20
(20) It is essential to
(20) It is essential to provide (20) It is essential to provide
(20) It is essential to provide for
SE PRES proposes
provide for opportunities for for opportunities for
for opportunities for
opportunities for stakeholder
to agree
stakeholder involvement for
stakeholder involvement
,
stakeholder involvement for
involvement
, among which
the purposes of adoption and
including businesses, for the the purposes of
the adoption
businesses, for the purposes of the
amendment of Union
purposes of adoption and
and amendment of Union
adoption and amendment of Union
28
response measures, and as
amendment of Union
response measures, and
,
response measures and, where
relevant for the purposes of
response measures, and as
where as relevant
, for the
relevant, for the purposes of their
suspension and termination,
relevant for the purposes of
purposes of
their suspension
suspension and termination, in
in view of the potential
suspension and termination,
and termination, in view of
view of the potential impact on
impact on such stakeholders. in view of the potential
the potential impact on such
such stakeholders.
impact on such stakeholders. stakeholders.
Recital 20a
SE PRES proposes
(20a) In light of the evident
(20a) In light of the evident
to agree (cf
28a
increase in the use of
increase in the use of economic
corresponding article
economic leverages by
coercion by foreign countries
in line 133a (Single
foreign countries against
against the Union and its Member Contact Point), with
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
the Union and the likely
States and the likely increase of
the suggested
increase of the frequency
the frequency and severity of these following change
and severity of these
practices in the future, the
(replacing current
practices in the future, the
Commission should be overall
proposed text):
Chief Trade Enforcement
responsible for the functioning
officer (CTEO) should be
and the implementation of this
“(20a) In light of
overall responsible for the
Regulation and including with a
the evident
functioning and the
view to providing necessary
increase in the use
implementation of this
support to the Union in order to be of economic
Regulation and including
able to better anticipate and
coercion by
with a view to strengthening
effectively react to economic
foreign countries
the preparedness for such
coercion.
instances, assessing
against the Union
Union’s dependencies and
and its Member
assets, adopting the
States and the
necessary coordinated
likely increase of
measures and ultimately
the frequency and
being able to react promptly
severity of these
when needed. Such a
practices
cases in
horizontal competence
the future, the
would provide necessary
Commission
support to the Union in
should be overall
order to be able to better
responsible for
the
anticipate and effectively
react to economic coercion.
functioning and
the implementation
of this Regulation
and
monitoring
such cases of
economic
coercion including
with a view to” so
as to better align
with the task given
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2023 at 11h25 35/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
to the Commission
in line 133…”
Recital 21
SE PRES notes a
(21) It is important to
(21) It is important to ensure (21) It is important to ensure
(21) It is important to ensure
slight change of
ensure an effective
an effective
an effective communication
effective communication and an an focus away from
communication and
communicationand regular
and
an exchange of views
effective and regular exchange of
“
with a view to
exchange of views and
dialogue and exchange of
and information between the
views and information between the
obtaining the
information between the
views and information
Commission on the one
Commission on the one hand
, and
cessation”.
Commission on the one hand between the Commission on hand
, and the European
the European Parliament and the
However, considers
and the European Parliament the one hand and the
Parliament and the Council
,
Council
, on the other, in
particular to agree depending
and the Council on the other, European Parliament and the on the other, in particular on
on efforts to enter into
on reaction from EP.
in particular on efforts to
Council on the other, in
efforts to engage
enter into
consultations with the third country
engage with the third
particular
regarding
consultations with the third
concerned to explore options with
SE PRES proposes
country concerned to explore
ongoing examinations or
country concerned to explore
a view to obtaining the cessation of to NOT accept [
,
options with a view to
third country measures, on
options with a view to
the economic coercion and on the
[determination with
obtaining the cessation of
efforts to engage with the
obtaining the cessation of the
application of this Regulation, in
regard to measures
the economic coercion and
third country concerned to
economic coercion and on
particular regarding ongoing
of economic
29
on matters that may lead to
explore options with a view
matters that may lead to the
examinations of third-country
coercion] (see
the adoption of Union
to obtaining the cessation of
adoption of Union response
measures, [determination with
corresponding
response measures under this the economic coercion
or,
measures under this
regard to measures of economic
proposed redrafting
Regulation.
where appropriate,
Regulation.
coercion,] efforts to enter into
in line 153) as it
reparation of the injury
consultations with the third
would entail too
caused and on matters that
country concerned, matters that
much information to
may lead to the adoption of
may lead to the adoption of Union
EP on matters we
Union response measures
response measures under this
believe should be
under this Regulation
,
Regulation
and any other relevant
determined by
including the stages of
development at subsequent stages, Council
examination of third-
including as regards the
country measures and
effectiveness of Union response
determination with regard
measures.
to measures of economic
coercion and on the
effectiveness on Union
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2023 at 11h25 36/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
response measures.
Recital 22
(22) In order to allow the
(22) In order to allow the
(22) In order to allow the
(22) In order to allow the
SE PRES proposes
update of the range of Union update of the range of Union update
adjustment of the
adjustment of
the rules of origin or
not to accept and
response measures under this response measures under this range of Union response
nationality to take account of
asks the COM to
Regulation and the
Regulation and the
measures under this
relevant developments in
explain (cf Article
adjustment of the rules of
adjustment of the rules of
Regulation and the
international instruments
and
13(2) in line 140).
origin or of other technical
origin or of other technical
adjustment of the rules of
experience in the application of
rules, the power to adopt
rules, the power to adopt acts origin or of other technical
measures under this Regulation or
acts in accordance with
in accordance with Article
rules
rules of origin or
other Union acts under this
Article 290 of the Treaty on
290 of the Treaty on the
nationality to take account
Regulation or other Union acts,
the Functioning of the
Functioning of the European
of relevant developments in
the power to adopt acts in
European Union should be
Union should be delegated to
international instruments,
accordance with Article 290 TFEU
delegated to the Commission the Commission to amend
the power to adopt acts in
should be delegated to the
to amend the list of Union
the list of Union responses
accordance with Article 290
Commission in respect of
responses set out in Annex I
set out in Annex I and
of the Treaty on the
amending Annex II. It is of
30
and technical rules necessary technical rules necessary for Functioning of the European
particular importance that the
for the application of the
the application of the
Union
TFEU should be
Commission carry out appropriate
Regulation, including rules
Regulation, including rules
delegated to the Commission
consultations during its preparatory
of origin laid down in Annex of origin laid down in Annex to amend the list of Union
work, including at expert level, and
II. It is of particular
II. It is of particular
responses set out in Annex I
that those consultations be
importance that the
importance that the
and technical rules necessary
conducted in accordance with the
Commission carry out
Commission carry out
for the application of the
principles laid down in the
appropriate consultations
appropriate consultations
Regulation, including rules
Interinstitutional Agreement on
during its preparatory work,
during its preparatory work,
of origin laid down in
in
Better Law-Making.
11 In particular,
including at expert level, and including at expert level, and
respect of amending Annex
to ensure equal participation in the
that those consultations be
that those consultations be
II. It is of particular
preparation of delegated acts, the
conducted in accordance
conducted in accordance
importance that the
European Parliament and the
with the principles laid down with the principles laid down Commission carry out
Council should receive all
in the Interinstitutional
in the Interinstitutional
appropriate consultations
documents at the same time as
Agreement on Better Law-
Agreement on Better Law-
during its preparatory work,
Member States' experts, and their
Making.1 In particular, to
Making.1 In particular, to
including at expert level, and
experts systematically should have
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of the Union and its Member States from economic coercion by third countries 2021/0406(COD) 25-01-
2023 at 11h25 37/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
ensure equal participation in ensure equal participation in that those consultations be
access to meetings of Commission
the preparation of delegated
the preparation of delegated
conducted in accordance
expert groups dealing with the
acts, the European
acts, the European
with the principles laid down
preparation of delegated acts.
Parliament and the Council
Parliament and the Council
in the Interinstitutional
_________
should receive all documents should receive all documents Agreement on Better Law-
1. Interinstitutional Agreement
at the same time as Member
at the same time as Member
Making.1 In particular, to
between the European Parliament,
States' experts, and their
States' experts, and their
ensure equal participation in
the Council of the European
experts systematically
experts systematically
the preparation of delegated
Union and the European
should have access to
should have access to
acts, the European
Commission on Better Law-
meetings of Commission
meetings of Commission
Parliament and the Council
Making (OJ L 123, 12.5.2016, p.
expert groups dealing with
expert groups dealing with
should receive all documents
1).
the preparation of delegated
the preparation of delegated
at the same time as Member
_________
acts.
acts.
States' experts, and their
1.
Interinstitutional Agreement between the
_________
_________
experts systematically
European Parliament, the Council of the
1. OJ L 123, 12.5.2016, p. 1.
1. OJ L 123, 12.5.2016, p. 1.
should have access to
European Union and the European
Commission on Better Law-Making (OJ L
meetings of Commission
123, 12.5.2016, p. 1).
expert groups dealing with
the preparation of delegated
acts.
_________
1.
Interinstitutional Agreement
between the European
Parliament, the Council of the
European Union and the
European Commission on Better
Law-Making (OJ L 123,
12.5.2016, p. 1
1).
Recital 23
(23) In order to ensure
(23) In order to ensure
(23) In order to ensure
(23) In order to ensure uniform
SE PRES proposes
uniform conditions for the
uniform conditions for the
uniform conditions for the
conditions for the implementation
to agree (Council
31
implementation of this
implementation of this
implementation of
Union
of
[Union response measures
Mandate).
Regulation, implementing
Regulation, implementing
response measures under
under
] this Regulation,
powers should be conferred
powers should be conferred
this Regulation,
implementing powers should be
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2023 at 11h25 38/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
on the Commission. Those
on the Commission. Those
implementing powers should
conferred on the Commission.
powers should be exercised
powers should be exercised
be conferred on the
Those powers should be exercised
in accordance with
in accordance with
Commission. Those powers
in accordance with Regulation
Regulation (EU) No
Regulation (EU) No
should be exercised in
(EU) No 182/2011 of the European
182/2011.1
182/2011.1
accordance with Regulation
Parliament and of the Council.1
_________
_________
(EU) No 182/2011
of the
_________
1. Regulation (EU) No 182/2011 of 1. Regulation (EU) No 182/2011 of
European Parliament and
1. Regulation (EU) No 182/2011 of the
the European Parliament and of the
the European Parliament and of the
of the Council.1 .1
European Parliament and of the Council of
Council of 16 February 2011
Council of 16 February 2011
16 February 2011 laying down the rules
laying down the rules and general
laying down the rules and general
_________
and general principles concerning
principles concerning mechanisms
principles concerning mechanisms
1. Regulation (EU) No 182/2011 of
mechanisms for control by the Member
for control by the Member States
for control by the Member States of the European Parliament and of the
States of the Commission's exercise of
of the Commission's exercise of
the Commission's exercise of
Council of 16 February 2011 laying
implementing powers (OJ L 55, 28.2.2011,
implementing powers (OJ L 55,
implementing powers (OJ L 55,
down the rules and general
p. 13).
28.2.2011, p. 13).
28.2.2011, p. 13).
principles concerning mechanisms
for control by the Member States of
the Commission's exercise of
implementing powers (OJ L 55,
28.2.2011, p. 13).
Recital 24
(24) The examination
(24) The examination
(24) The examination
(24)
The examination procedure
SE PRES proposes
procedure should be used for procedure should be used for procedure should be used for
should be used for the adoption of
to agree.
the adoption of Union
the adoption of Union
the adoption of Union
Union response measures and their
response measures and their
response measures and their
response measures and their
amendment, suspension or
amendment, suspension or
amendment, suspension or
amendment, suspension or
termination given that those
termination given that those
termination given that those
termination given that those
measures determine the Union’s
acts determine the Union’s
acts determine the Union’s
acts
measures determine the
response to economic coercion
32
responses to economic
responses to economic
Union’s responses
response
falling within the scope of this
coercion falling within the
coercion falling within the
to economic coercion falling
Regulation and as determined by
scope of this Regulation.
scope of this Regulation.
within the scope of this
the Council. In exercising its
Regulation
and as
implementing powers, special
determined by the Council.
attention should be given by the
In exercising its
Commission to solutions which
implementing powers,
command the widest possible
special attention should be
support among Member States.
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2023 at 11h25 39/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
given by the Commission
Considering the specific nature of
to solutions which
this Regulation and the particular
command the widest
sensitivity attached to the Union
possible support among
response measures, the
Member States.
Commission should not adopt a
Considering the specific
draft implementing act on any
nature of this Regulation
Union response measures where
and the particular
the committee delivers a no opinion
sensitivity attached to the
on that act. The particular
Union response measures,
sensitivity attached to the Union
the Commission should not
response measures necessitates
adopt a draft implementing
finding a balanced solution at all
act on any Union response
times and solutions should avoid
measures where the
going against any predominant
committee delivers a no
position which might emerge within
opinion on that act. The
the appeal committee against the
particular sensitivity
appropriateness of a draft
attached to the Union
implementing act.
response measures
necessitates finding a
balanced solution at all
times and solutions should
avoid going against any
predominant position
which might emerge within
the appeal committee
against the
appropriateness of a draft
implementing act.
Recital 25
33
(25) The Commission
(25) The Commission
(25) The Commission
(25) The Commission should
SE PRES proposes
should adopt immediately
should adopt immediately
should adopt immediately
adopt immediately applicable
to agree (already
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2023 at 11h25 40/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
applicable implementing
applicable implementing acts applicable implementing acts
implementing acts of limited
discussed in WPTQ
acts of limited duration
of limited duration where, in of limited duration where, in
duration where, in duly justified
27 January)
where, in duly justified cases duly justified cases relating
duly justified cases relating
cases relating to the amendment
,
relating to the adoption,
to the adoption, amendment, to the adoption, amendment,
suspension or termination or
amendment, suspension or
suspension or termination of suspension or termination of
suspension of Union response
termination of Union
Union response measures,
Union response measures,
measures, imperative grounds of
response measures,
imperative grounds of
imperative grounds of
urgency
require expedited action to
imperative grounds of
urgency so require.
urgency so require
expedited
avoid irreparable damage or to
urgency so require.
action to avoid irreparable
ensure consistency with
damage or to ensure
international law. Such expedited
consistency with
action could prevent the coercion
international law. Such
from causing or worsening any
expedited action could
economic damage, notably with a
prevent the coercion from
view to protecting acute and vital
causing or worsening any
interests of the Union or a Member
economic damage, notably
State.
with a view to protecting
acute and vital interests of
the Union or a Member
State.
Recital 25a
(25bis) Any action taken
(25bis) Any action taken under
SE PRES proposes
under this Regulation,
this Regulation, including Union
to agree (Council
including Union response
response measures with regard to
Mandate).
measures with regard to
natural or legal persons, should
natural or legal persons,
respect the Charter of Fundamental
33a
should respect the Charter
Rights of the European Union.
of Fundamental Rights of
Moreover, any processing of
the European Union.
personal data pursuant to this
Moreover, any processing
Regulation should be consistent
of personal data pursuant
with the applicable rules on the
to this Regulation should
protection of personal data.
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2023 at 11h25 41/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
be consistent with the
Processing of personal data by
applicable rules on the
Member States’ officials obtaining
protection of personal
information under this Regulation
data. Processing of
should be carried out in accordance
personal data by Member
with Regulation (EU) 2016/679 of
States’ officials obtaining
the European Parliament and of the
information under this
Council1. Processing of personal
Regulation should be
data
[by the Commission
] should
carried out in accordance
be carried out in accordance with
with Regulation (EU)
Regulation (EU) 2018/1725 of the
2016/679 of the European
European Parliament and of the
Parliament and of the
Council2.
Council1. Processing of
_________
personal data by the
1. Regulation (EU) 2016/679 of the
Commission should be
European Parliament and of the Council of
carried out in accordance
27 April 2016 on the protection of natural
persons with regard to the processing of
with Regulation (EU)
personal data and on the free movement of
2018/1725 of the European
such data, and repealing Directive
Parliament and of the
95/46/EC (General Data Protection
Council2.
Regulation) (OJ L 119, 4.5.2016, p. 1).
2. Regulation (EU) 2018/1725 of the
_________
European Parliament and of the Council of
1.
Regulation (EU) 2016/679 of
23 October 2018 on the protection of
the European Parliament and of
natural persons with regard to the
the Council of 27 April 2016 on
processing of personal data by the Union
the protection of natural persons
institutions, bodies, offices and agencies
with regard to the processing of
and on the free movement of such data, and
personal data and on the free
repealing Regulation (EC) No 45/2001 and
movement of such data, and
Decision No 1247/2002/EC (OJ L 295,
repealing Directive 95/46/EC
21.11.2018, p. 39).
(General Data Protection
Regulation) (OJ L 119, 4.5.2016,
p. 1). 2.
Regulation (EU) 2018/1725 of
the European Parliament and of
the Council of 23 October 2018
on the protection of natural
persons with regard to the
processing of personal data by
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2023 at 11h25 42/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
the Union institutions, bodies,
offices and agencies and on the
free movement of such data, and
repealing Regulation (EC) No
45/2001 and Decision No
1247/2002/EC (OJ L 295,
21.11.2018, p. 39).
Recital 26
(26) The Commission
(26) The Commission
(26) The Commission
(26) The Commission should
SE PRES proposes
should evaluate measures
should evaluate measures
should evaluate measures
evaluate measures adopted under
to agree
adopted under this
adopted under this
adopted under this
this Regulation as to their
Regulation as to their
Regulation as to their
Regulation as to their
effectiveness and operation and as
effectiveness and operation
effectiveness and operation
effectiveness and operation
to possible conclusions for future
and as to possible
and as to possible
and as to possible
measures. The Commission should
conclusions for future
conclusions for future
conclusions for future
also review this Regulation after
measures. The Commission
measures. The Commission
measures. The Commission
gaining sufficient experience with
should also review this
should also review this
should also review this
the existence or application of this
Regulation after gaining
Regulation after gaining
Regulation after gaining
Regulation
and also its
sufficient experience with
sufficient experience with
sufficient experience with
relationship to other Union
the existence or application
the existence or application
the existence or application
policies and existing legal
34
of this Regulation. This
of this Regulation
, and in
of this Regulation. This
instruments, including the
review should cover the
particular in order to ensure review should cover the
Blocking Statute1a. The. This
scope, functioning,
complementarity with the
scope, functioning,
review
of this Regulation should
efficiency and effectiveness
upcoming review of the
efficiency and effectiveness
cover the scope, functioning,
of this Regulation. The
Blocking Statute1a. The
of this Regulation
and also
efficiency and effectiveness of this
Commission should report
review of this Regulation.
its relationship to other
Regulation
. The Commission
on its assessment to the
This review should cover the
Union policies and existing
should report on its assessment to
European Parliament and the scope, functioning,
legal instruments. The
the European Parliament and the
Council,
efficiency and effectiveness
Commission should report
Council and also its relationship to
of this Regulation. The
on its assessment to the
other Union policies and existing
Commission should report
European Parliament and the
legal instruments.
on its assessment to the
Council,
_________________
European Parliament and the
1a Council Regulation (EC) No
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2023 at 11h25 43/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Council,
2271/96 of 22 November 1996
__________________
protecting against the effects of
1a Council Regulation
the extra-territorial application of
(EC) No 2271/96 of 22
legislation adopted by a third
November 1996 protecting
country, and actions based
against the effects of the
thereon or resulting therefrom The
extra-territorial application
Commission should report on its
of legislation adopted by a
assessment to the European
third country, and actions
Parliament and the Council,
OJ L
based thereon or resulting
309, 29.11.1996, p. 1
therefrom, OJ L 309,
29.11.1996, p. 1.
Formula
HAVE ADOPTED THIS
HAVE ADOPTED THIS
HAVE ADOPTED THIS
HAVE ADOPTED THIS
G
35
REGULATION:
REGULATION:
REGULATION:
REGULATION:
G
Article 1
Article 1
Article 1
Article 1
Article 1
G
36
Subject-matter
Subject-matter
Subject-matter
Subject-matter
G
Article 1(1)
1. This Regulation lays
1. This Regulation lays
1. This Regulation lays
1. This Regulation lays down rules SE PRES prosposes
down rules and procedures
down rules and procedures
down rules and procedures
and procedures to ensure the
to agree
in order to ensure the
in order to ensure the
in order to ensure the
effective protection of the interests
37
effective protection of the
effective protection of the
effective protection of the
of the Union and its Member States
interests of the Union and its interests of the Union and its interests of the Union and its
where a third country seeks,
Member States where a third Member States where a third Member States where a third
through
any measures affecting
country seeks, through
country seeks, through
country seeks, through
trade or investment, to coerce the
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of the Union and its Member States from economic coercion by third countries 2021/0406(COD) 25-01-
2023 at 11h25 44/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
measures affecting trade or
measuresany form of action, measures affecting trade or
Union or a Member State into
investment, to coerce the
failure to act or threat
investment, to coerce the
adopting or refraining from
Union or a Member State
thereof affecting trade or
Union or a Member State
adopting a particular act.
into adopting or refraining
investment, to coerce the
into adopting or refraining
from adopting a particular
Union or a Member State
from adopting a particular
act. This Regulation
into adopting or refraining
act. This Regulation
provides a framework for the from adopting a particular
provides a framework for the
Union to respond in such
act
, including a particular
Union to respond in such
situations with the objective
policy choice, legal act or a
situations with the objective
to deter, or have the third
stance with regard to a
to deter, or have the third
country desist from such
policy choice. This
country desist from such
actions, whilst permitting the Regulation provides a
actions, whilst permitting the
Union, in the last resort, to
framework for the Union to
Union, in the last resort, to
counteract such actions.
respond in such situations
counteract such actions.
with the objective
to deter,
or have the third country
desist fromof deterring, or
obtaining the cessation of such actions
and, where
appropriate, repairing the
injury caused, thereby
permitting the Union, whilst
permitting the Union, in the
last resort, to counteract
such actions.
Article 1(1a)
SE PRES suggests
2. This Regulation
2. This Regulation establishes a
replacing
establishes a framework
framework for the Union to
"
obtaining" with
37a
for the Union to respond
respond
to economic coercion
"
requesting" the
to economic coercion with
with the objective of deterring, or
reparation of injury.
the objective of deterring,
having the third country desist
or having the third country
from such
coercioncoercionand,
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of the Union and its Member States from economic coercion by third countries 2021/0406(COD) 25-01-
2023 at 11h25 45/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
desist from such coercion,
where appropriate, obtaining the
whilst enabling the Union,
reparation of the injury caused,
as a last resort, to
whilst enabling the Union, as a last
counteract such coercion.
resort, to counteract such coercion.
Article 1(2)
2. Any action taken under
2. Any action taken under
2
3. Any action taken under
3. Any action taken under this
SE PRES agrees
this Regulation shall be
this Regulation shall be
this Regulation shall be
Regulation shall be consistent with (Council Mandate)
consistent with the Union’s
consistent with the Union’s
consistent with the Union’s
international law and be conducted
obligations under
obligations under
obligations under
in the context of the principles and
38
international law and
international law
and
international law and
be
objectives of the Union’s external
conducted in the context of
conducted in the context of
conducted in the context of
action.
the principles and objectives
the principles and objectives the principles and objectives
of the Union’s external
of the Union’s external
of the Union’s external
action.
action.
action.
Article 1(2a)
SE PRES proposes
4. This Regulation shall be
4. This Regulation shall be without to agree
without prejudice to other
prejudice to other existing Union
existing Union instruments
instruments and international
and international
agreements, as well as actions
agreements, as well as
taken thereunder, in the area of the
actions taken thereunder,
common commercial policy, and to
38a
in the area of the common
other Union policies. This
commercial policy, and to
Regulation
shalldoes not affect the
other Union policies. This
division of competences between
Regulation shall not affect
the Union and its Member States as
the division of competences
defined by the Treaties.
between the Union and its
Member States as defined
by the Treaties.
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 1a
SE PRES would like
Article 1a
[Article 1a
to discuss and
possibly suggest
Definitions
Definitions
reverting to original
For the purposes of this
EP suggestion and
Regulation, the following
For the purposes of this
refrain from defining
definitions apply:
Regulation, the following
"
country" or "
third
1. "coercion" means
definitions apply:
country" in this
any third-country action or
regulation. This
measure interfering in the
1. "measure of economic
would mean also
legitimate sovereign choices
coercion" means a third country
retaining the
of the Union or a Member
interfering in the legitimate
somewhat
State by seeking to prevent
sovereign choices of the Union or ambiguous term
or obtain the cessation,
a Member State by seeking to
"partner" in line 68
modification or adoption of
prevent or obtain the cessation,
(Article 6
a particular act by the
modification or adoption of a
International
38b
Union or a Member State;
particular act by the Union or a
Cooperation) and
2. "third-country
Member State by applying or
line 22 (Recital 14)
action or measure" means
threatening to apply measures
indicating possible
any type of action or
affecting trade or investment;
for subject for EU
measure, failure to act or
co-operation against
threat thereof that is
2. "measure" means any act or
coercion, and change
attributable to a third
omission;
to “
or partner” to
country; 3. "particular act"
signify that a
means a particular policy
3. "third-country measure" means country EU
choice, legal act or a stance
any measure attributable to a third cooperate with does
with regard to a policy
country;
not necessarily also
choice of the Union or a
need to be a
Member State;
4. "particular act" means any
designated
4. "failure to act"
legal or other act, including an
“partner”.
means failure by a third
expression of a position by an
country to comply with its
institution or body of the Union or SE PRES would
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2023 at 11h25 47/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
obligations under legally
a Member State;
specifically ask MS
binding instruments of
views on including
international law;
5. "injury to the Union" means
"a
ny other measures
5. "threat of
injury to the Union or a Member
adopted pursuant to
coercion" means a
State, including to Union
other legal
substantiated threat of a
economic operators;
instruments that
third country action or
confer specific
measure that is credible,
6. "injury" means
powers to the
significant, and could be
negative impact, including
Commission" in the
quickly and easily
economic damage;
definition of "
union
deployed;6. "economic
response measures"
coercion" means coercion
7. "country" means any State,
through a third-country
separate customs territory or other SE PRES suggests,
action or measure affecting
subject of international law;
in order to
trade or investment;
streamline the Union
7. "injury" means
8. "third country" means any
interest definition
negative impact suffered by
country other than the Union or a with art 7bis, the
the Union or a Member
Member State;
following wording
State, including Union
of 10. “Union
economic operators;
9. "Union response measure"
interest”:
8. "Union response
means any measure listed in
measure" means any
Annex 1 and adopted pursuant to ‘…, the interests of
measure adhering to the
Articles 7 and 8, or any measure
Union economic
Union’s international
adopted pursuant to other legal
operators
and
obligations or permitted
instruments that confer specific
Member States,
under international law vis-
powers to the Commission as ;
including
their
à-vis the third country
upstream and
responsible for economic
10. "Union interest" means all the
coercion, which is
various interests taken as a whole, downstream
commensurate with the
including the interest in avoiding industries, …’
injury suffered by the Union
interference in legitimate
However, this part is
or a Member State and aims
sovereign choices of the Union
still awaiting a
to obtain the cessation of
and the Member States, the
response from the
economic coercion and,
interests of Union economic
EP
where appropriate, the
operators, including upstream and
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
reparation for the injury
downstream industries, as well as SE PRES suggests
caused;
the interests of Union final
accepting the other
9. "Union interest"
consumers. The Union interest
definitions.
means first and foremost
shall be determined in accordance
the need to preserve the
with Article 7bis.
policy space of the Union or
its Member States to take
legitimate sovereign choices
in ensuring the social,
political, and economic
cohesion of the Union, and
the upholding of its
strategic and economic
interests.
Article 2
Article 2
Article 2
Article 2
Article 2
G
39
Scope
Scope
Scope
Scope
G
Article 2(1), first subparagraph, introductory part
1. This Regulation applies
1. This Regulation applies
1. This Regulation applies
1. This Regulation applies
only
SE PRES proposes
where a third country:
only in the event of
where a third country:
where a third country:
to agree. However,
economic coercion where a
note that with the
third country:
definition of
economic coercion
40
in line 38b, this line
could read “This
Regulation applies
only where a third
country
takes
measures of
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2023 at 11h25 49/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
economic coercion”.
Article 2(1), first subparagraph, first indent
- interferes in the legitimate - interferes in the legitimate - interferes in the legitimate
- interferes in the legitimate
-
sovereign choices of the
sovereign choices of the
sovereign choices of the
sovereign choices of the Union or a
Union or a Member State by Union or a Member State by Union or a Member State by
Member State by seeking to
seeking to prevent or obtain
seeking to prevent or obtain
seeking to prevent or obtain
prevent or obtain the cessation,
G
41
the cessation, modification
the cessation, modification
the cessation, modification
modification or adoption of a
G
or adoption of a particular
or adoption of a particular
or adoption of a particular
particular act by the Union or a
act by the Union or a
act by the Union or a
act by the Union or a
Member State
Member State
Member State
Member State
Article 2(1), first subparagraph, second indent
- by applying or threatening -
by applying or
- by applying or threatening
- by applying or threatening to
SE PRES agrees
to apply measures affecting
threateningapplies or
to apply measures affecting
apply measures affecting trade or
(Council Mandate)
42
trade or investment.
threatens to apply measures
trade or investment.
investment.
affecting trade or
investment.
Article 2(1), second subparagraph
For the purposes of this
For the purposes of this
For the purposes of this
Regulation, such third-
Regulation, such third-
Regulation, such third-
43
country actions shall be
country actions shall be
country actions shall be
referred to as measures of
referred to as measures of
referred to as
'measures of
economic coercion.
economic coercion.deleted
economic coercion
'.
Article 2(2), introductory part
44
SE PRES notes that
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
2. In determining whether
2. In determining whether
2. In determining whether
2. In determining whether the
this is dependent on
the conditions set out in
the conditions set out in
the conditions set out in
conditions set out in paragraph 1
agreement on
paragraph 1 are met, the
paragraph 1 are met, the
paragraph 1 are met, the
are met, the
decision-making in
following shall be taken into
followingCommission shall
following shall be taken into
following[Commission][Commissi
step 1.
account:
be takentake into account
account:
on and the Council] shall
betake
the following:
taken into account
the following:
Article 2(2), point (a)
(a) the intensity, severity,
(a) the intensity, severity,
(a) the intensity, severity,
(a) the intensity, severity,
SE PRES agrees
frequency, duration, breadth frequency, duration, breadth
frequency, duration, breadth
frequency, duration, breadth and
(Council mandate)
and magnitude of the third
and magnitude of the third
and magnitude of the third
magnitude of the third country’s
country’s measure and the
country’s measure
andor
country’s measure
,
measure, including its impact on
pressure arising from it;
failure to act or threat
including its impact on
trade or investment relations with
45
thereof as well as the
trade or investment
the Union, and the pressure arising
pressure arising from it;
the
relations with the Union,
from it on the Union or a Member
Commission shall assess
and the pressure arising from
State;
whether such measures are
it
on the Union or a
part of a broader pattern of
Member State;
behaviour;
Article 2(2), point (b)
(b) whether the third
(b) whether the third
(b) whether the third
(b) whether the third country is
SE PRES agrees
country is engaging in a
country is engaging in a
country is engaging in a
engaging in a pattern of
(Council mandate)
pattern of interference
clear pattern of interference
pattern of interference
interference seeking to obtain from
46
seeking to obtain from the
seeking to obtain from the
seeking to obtain from the
the Union, a Member State or other
Union or from Member
Union or from Member
Union
, a or from Member
countries particular acts;
States or other countries
States or other countries
States
State or other
particular acts;
particular acts;
countries particular acts;
Article 2(2), point (c)
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
(c) the extent to which the
(c) the extent to which the
(c) the extent to which the
(c) the extent to which the third-
SE PRES agrees
third-country measure
third-country measure
or
third-country measure
country measure encroaches upon
(Council mandate)
encroaches upon an area of
failure to act or threat
encroaches upon an area of
an area of the Union’s or a Member
47
the Union’s or Member
thereof encroaches upon an
the Union’s or
a Member
State’s sovereignty;
States’ sovereignty;
area of the Union’s or
States’
State’s sovereignty;
Member States’ sovereignty;
Article 2(2), point (d)
(d) whether the third
(d) whether the third
(d) whether the third
(d) whether the third country is
SE PRES agrees
country is acting based on a
country is acting based on a
country is acting based on
acting
on the basis of a legitimate
(Council mandate)
legitimate concern that is
legitimate concern that is
the basis of a legitimate
concern that is internationally
48
internationally recognised;
internationally
concern that is
recognised;
recognisedrecognised as
internationally recognised;
legitimate by international
law and conventions;
Article 2(2), point (e)
(e) whether and in what
(e) whether and in what
(e) whether and in what
(e) whether and in what manner
SE PRES proposes
manner the third country,
manner the third country,
manner the third country,
the third country, before the
to agree
before the imposition of its
before the imposition of its
before the imposition
imposition or application of its
measures, has made serious
measures, has made serious
application of its measures,
measures, has made serious
attempts, in good faith, to
attempts, in good faith, to
has made serious attempts, in
attempts, in good faith, to settle the
49
settle the matter by way of
settle the matter by way of
good faith, to settle the
matter by way of international
international coordination or international coordination or matter by way of
coordination or adjudication, either
adjudication, either
adjudication, either
international coordination or
bilaterally or within an
bilaterally or within an
bilaterally or within an
adjudication, either
international forum.
international forum.
international forum.
bilaterally or within an
international forum.
Article 3
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 3
Article 3
Article 3
Article 3
G
50
Examination of third-
Examination of third-country Examination of third-country
Examination of third-country
G
country measures
measures
measures
measures
Article 3(1)
1. The Commission may
1. The Commission may
or, 1. The Commission may
, on
1. The Commission may, on its
SE PRES welcomes
examine any measure of a
in the case of a duly
its own initiative or upon a
own initiative
, or or upon a
MS views on the
third country in order to
substantiated complaint,
reasoned request of a
reasonedduly substantiated
proposed
determine whether it meets
shall examine any measure
Member State, examine any
request
, including of a Member
compromise text in
the conditions set out in
of a third country
, failure to
measure of a third country in
State, examine any measure of a
the first sentence.
Article 2(1). The
act or threat thereof in order order to determine whether it
third country in order to determine
Corresponding
Commission shall act
to determine whether it
meets the conditions set out
whether it meets the conditions set
recital found in line
expeditiously.
meets the conditions set out
in Article 2(1). The
out in Article 2(1).
The
21.
51
in Article 2(1). The
Commission shall act
Commission shall act
Commission shall act
expeditiously.
expeditiously and its examination
expeditiously.
shall normally not exceed four
SE PRES suggests to
months.
accept the timeline
(as a concession) -
discussed on 27
January
Article 3(2)
2. The Commission may
2. The Commission
2. The Commission
2. The Commission shall carry out SE PRES proposes
carry out the examination
mayshall carry out the
may
shall carry out the
the examination referred to in
to accept
referred to in paragraph 1 on examination referred to in
examination referred to in
paragraph 1
based on substantiated
52
its own initiative or
paragraph 1
based on
paragraph 1 on its own
information collected on its own
following information
substantiated information
initiative or following
the
initiative oron the basis of
received from any source.
collected on its own
basis of information
information received from any
The Commission shall
initiative or
following
received from any
reliable
reliable source
, including a
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2023 at 11h25 53/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
ensure the protection of
information received from
source. The Commission
Member State, the European
confidential information in
any
reliable source
, notably
shall ensure the protection of
Parliament, economic operators or
line with Article 12, which
economic operators or trade confidential information in
trade unions. The Commission
may include the identity of
unions. The European
line
accordance with Article
shall ensure the protection of
the supplier of the
Parliament and a Member
12, which may include the
confidential information in
information.
State may also provide such identity of the supplier of the
accordance with Article 12, which
substantiated information to information.
may include
protecting the identity
the Commission. The
of the supplier of the information.
Commission shall ensure the
The Commission shall set up
protection of confidential
publicly available secure tools
information in line with
with a view to facilitating the
Article 12, which may
submission of information from
include
concealing the
external sources.
identity of the supplier of the
information.
The
Commission shall set up
publicly available secure
tools with a view to
facilitating the submission
of relevant and
substantiated information
from external sources.
Article 3(2a)
SE PRES proposes
2bis. Where there are
2bis.3 Where there are
to accept
reasonable grounds to
reasonable grounds to suspect that
suspect that the measure of
the measure of the third country
the third country
concerned meets the conditions set
52a
concerned meets the
out in Article 2(1), the Commission
conditions set out in Article
shall expeditiously inform Member
2(1), the Commission shall
States and keep them informed
expeditiously inform
about developmentsThe
Member States and keep
Commission shall duly and in a
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2023 at 11h25 54/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
them informed about
timely manner inform the Member
developments.
States of relevant developments as
regards launched and ongoing
examinations.
Article 3(2b)
SE PRES proposes
3. The Commission may
to accept (moved to
request Member States to
L53)
52b
supply information on the
impact of the measures of
the third country concerned
Article 3(3), first subparagraph
3. The Commission may
3. The Commission may
3
4. The Commission
4. The Commission shall seek
SE PRES proposes
seek information about the
seek information about the
may
shall seek information
information about the impact of the to accept
impact of the measures of
impact of the measures of
about the impact of the
measures of the third country
the third country concerned. the third country concerned. measures of the third country
concerned
, where necessary. The
53
concerned.
Commission may request Member
States to supply information on
such impact and Member States
shall act expeditiously.
Article 3(3), second subparagraph
The Commission may
The Commission shall
5. The Commission may
5. The Commission may publish a SE PRES suggests to
publish a notice in the
inform duly, including in
publish a notice in the
notice in
the the Official Journal of accept the timeline
54
Official Journal of the
the form of an exchange of
Official Journal of the
the European Union and, where
(as a concession)
European Union or through
views, and in a timely
European Union and,
appropriate, through other suitable
other suitable public
manner the European
where appropriate,Official
public communication means with
As regards
communication means with
Parliament and the Council Journal of the European
an invitation to stakeholders to
publication in OJ,
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
an invitation to submit
of the launch of and of any
Union or through other
submit information within a
SE PRES agrees.
information within a
development in the ongoing suitable public
specified time limit
taking into
specified time limit. In that
examination of third-
communication means with
account the timeline indicated in
event, the Commission shall
country measures. The
an invitation
to stakeholders
paragraph 1. In the. In that event
notify the third country
Commission may publish a
to submit information within
of the publication of a notice, the
concerned of the initiation of notice in the Official Journal a specified time limit. In that
Commission shall notify the third
the examination.
of the European Union
event, the Commission shall
country concerned of the
orand through other suitable notify the third country
initiationlaunch of the
public communication
concerned of the initiation of
examination.
means
withof the launch of
the examination.
an examination procedure.
The notice shall include an
invitation to submit
information within a
specified time limit
and an
indication of the timeline
for the determination
referred to in Article 4,
which shall not exceed four
months. In that event, the
Commission shall notify the
third country concerned of
the initiation of the
examination.
Article 3(3), second subparagraph a
SE PRES proposes
6. The Commission and
to accept (moved to
Member States shall act
L51 and L53)
54a
expeditiously throughout
the examination.
Article 4
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 4
Article 4
Article 4
Article 4
G
55
Determination with regard to Determination with regard to Determination with regard to
Determination with regard to the
G
the third-country measure
the third-country measure
the third-country measure
third-country measure
Article 4, first paragraph
Following an examination
Following an examination
1. Following an examination
carried out in accordance
carried out in accordance
carried out in accordance
with Article 3, the
with Article 3, the
with Article 3,
in the event
Commission shall adopt a
Commission shall adopt a
that the Commission
decision determining
decision
, determining
considers that the measure
whether the measure of the
whether the measure of the
of the third country
third country concerned
third country concerned
concerned meets the
meets the conditions set out
meets the conditions set out
conditions of Article 2(1),
in Article 2(1). The
in Article 2(1).
Where no
it shall
submit a proposal to
Commission shall act
notice was published
the Council to adopt a
expeditiously.
pursuant to Article 3 and in decision
an implementing
the case of a positive
act determining whether
that
determination, the decision
the measure of the third
56
shall include an indication
country concerned meets the
of the timeline for the
conditions set out in Article
adoption of the
2(1). The Commission
implementing act referred
shall
, where appropriate,
to in Article 7, which shall
propose that the country
not exceed six months. On
concerned repair the
duly justified imperative
injury suffered by the
grounds in order to avoid
Union or its Member
irreparable damage to the
States act expeditiously.
Union or its Member States
the Commission may extend
that timeline by up to a
further four months. The
Commission shall act
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2023 at 11h25 57/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
expeditiously.
The
Commission shall inform,
including in the form of an
exchange of views, the
European Parliament and
the Council about the
decision and publish it in
the Official Journal of the
European Union and
through other suitable
public communication
means.
Article 4, first paragraph a
The decision of whether it is
appropriate to request that the
third country concerned repair the
injury caused shall be based on a
consideration of the nature and
extent of the damage caused and
all other circumstances of the
particular case. Specifically, the
decision shall be guided by the
56a
overall relationship with the third
country concerned, other aspects
of Union interest, including the
desirability for Union persons
having suffered damage to have
that damage repaired, and the
general obligation under
customary international law to
make full reparation for the injury
caused through an internationally
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2023 at 11h25 58/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
wrongful act.
Article 4, second paragraph
Prior to adopting its
Prior to adopting its
2. Prior to adopting its
decision, the Commission
decision, the Commission
decision
the proposal
may invite the third country
may invite the third country
referred to in paragraph 1,
concerned to submit its
concerned to submit its
where useful for the
observations.
observations
within a
purposes of the
reasonable and specified
determination referred to
57
period of time that shall not in that paragraph, the
unduly delay the
Commission may
shall invite
Commission’s decision.
the third country concerned
to submit its observations
within a reasonable period
of time, without prejudice
to Article 5.
Article 4, second paragraph a
3. The Council shall act
expeditiously throughout
the process set out in this
Article. The Council shall
adopt the implementing act
referred to in paragraph 1,
57a
acting by a qualified
majority.
The Council, acting by a
qualified majority, may
amend the Commission’s
proposal.
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2023 at 11h25 59/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 4, second paragraph b
4. The Council
implementing act shall be
57b
published in the Official
Journal of the European
Union.
Article 4, third paragraph
Where the Commission
Where the Commission
5. Where the Commission
5. Where the
[Council adopts the
SE PRES suggests
decides that the measure of
decides that the measure of
decides that the measure of
implementing act referred to in this accepting
the third country concerned
the third country concerned
the third country concerned
Article, the Commission
] shall
"immediately"
meets the conditions set out
meets the conditions set out
meets the conditions set out
notify the third country concerned
in Article 2(1), it shall notify in Article 2(1), it shall notify in Article 2(1), it
Council
of that decision and request it to
the third country concerned
the third country concerned
adopts the implementing
cease the economic coercion
of its decision and request it
of its decision and request
act referred to in this
immediately and, where
to cease the economic
itthat third country to cease
Article, the Commission
appropriate and so decided by the
58
coercion and, where
the economic coercion
shall notify the third country
Council…,
request it to repair the
appropriate, repair the injury
immediately and, where
concerned of its
that decision
injury suffered by the Union or its
suffered by the Union or its
appropriate, repair the injury and request it to cease the
Member States.
Member States.
suffered by the Union or its
economic coercion and,
Member States
within a
where appropriate
and so
reasonable and specified
decided by the Council,
period of time.
request it to repair the
injury suffered by the Union
or its Member States.
Article 5
G
59
Article 5
Article 5
Article 5
Article 5
G
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2023 at 11h25 60/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Engagement with the third
Engagement with the third
Engagement with the third
Engagement with the third country
country concerned
country concerned
country concerned
concerned
Article 5, first paragraph, introductory part
The Commission shall be
Following the notice
1. Following the adoption
1. Following the adoption of an
open to engage on behalf of
referred to in Article 4, the
of an implementing act in
implementing act in accordance
the Union with the third
Commission shall be open to
accordance with Article 4,
with Article 4, the Commission
SE PRES proposes
country concerned, to
engage on behalf of the
the Commission shall
shall provide adequate opportunity
to accept.
explore options with a view
Union with the third country
provide adequate
for consultations with the third
to obtaining the cessation of
concerned
and, provided
opportunity for
country concerned with a view to
the economic coercion. Such
that the country concerned
consultationsThe
obtaining the cessation of the
options may include:
also engages in good faith,
Commission shall be open to
economic coercion
and, where
in a proactive manner, to
engage on behalf of the
requested, reparation of the injury
explore options with a view
Union with the third country
it has caused to the Union or its
to obtaining the cessation of
concerned, to explore
Member States.
the economic coercion
and,
options with a view to
where appropriate,
obtaining the cessation of the
.
reparation of the injury it
economic coercion.
60
has caused to the Union or
If the third country concerned
its Member States. Such
If the third country
enters into consultations with the
options
shall not unduly
concerned enters into
Union in good faith
, the
delay the procedure and
consultations with the
Commission shall expeditiously
may include:
Union in good faith the
engage in such consultations.
Commission shall
expeditiously engage in
such consultations.
In the course of such consultations
, the Commission may
, without
SE PRES suggests
In the course of such
unduly delaying the procedure,
accepting "
without
consultations the
explore options with the third
unduly delaying the
Commission may explore
country concerned including:
procedure"
options with the third
country concerned
including Such options may
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
include:
Article 5, first paragraph, first indent
G
61
- direct negotiations;
- direct negotiations;
- direct negotiations;
- direct negotiations;
G
Article 5, first paragraph, second indent
- mediation, conciliation or
-
mediation, conciliation or
- mediation, conciliation or
SE PRES proposes
good offices to assist the
good offices to assist the
good offices
by a third
to agree with
62
Union and the third country
Union and the third country
party to assist the Union and
moving to line 63a.
concerned in these efforts;
concerned in these
the third country concerned
efforts;deleted
in these efforts;
Article 5, first paragraph, third indent
- submitting the matter to
- submitting
, also in
- submitting the matter to
- submitting the matter to
SE PRES agrees
international adjudication.
parallel to the other options, international adjudication.
international adjudication.
(Council mandate)
63
the matter to international
adjudication.
Article 5, first paragraph, fourth indent
-
-
SE PRES proposes
mediation, conciliation or
mediation, conciliation or good
to agree with move
63a
good offices to assist the
offices by a third party to assist the from line 63a.
Union and the third country
Union and the third country
concerned in those efforts;
concerned in those efforts;
Article 5, first paragraph a
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2023 at 11h25 62/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
In the event of the Commission or SE PRES proposes
a Member State obtaining
not to accept at this
compensation from the third
stage. Should it be
country concerned for the injury
included, it should
suffered, the Commission or the
be redrafted and put
Member State shall be guided by
in a recital.
the International Law
63b
Commission’s recommendation
that such compensation should be
transferred to the injured persons,
subject to reasonable criteria.FN
Footnote: Draft articles on
diplomatic protection, Article 19,
2006.
Article 5, second paragraph
The Commission shall seek
The Commission shall seek
2. The Commission shall
2. The Commission shall seek to
SE PRES agrees
to obtain the cessation of the to obtain the cessation of the seek to obtain the cessation
obtain the cessation of the
(Council mandate)
economic coercion by also
economic coercion by also
of the economic coercion by
economic coercion also by raising
raising the matter in any
raising the matter in any
also
by raising the matter in
the matter in any relevant
64
relevant international forum. relevant international forum. any relevant international
international forum, after having, in
forum
, after having, in
accordance with the Treaty,
accordance with the
consulted the Council.
Treaty, consulted the
Council.
Article 5, third paragraph
SE PRES proposes
65
The Commission shall keep
The Commission shall keep
3. The Commission shall
3.
The Commission shall keep the
to agree with the
the European Parliament and the European Parliament and keep the European
European Parliament and the
notion of moving
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
the Council informed of
the Council
fully informed
,
Parliament and the Council
Council informed of any relevant
this to a horizontal
relevant developments.
in a regular and timely
informed of
any relevant
developments pursuant to
provision in article
manner, including in the
developments
pursuant to
paragraphs 1 and 2.
16
form of an exchange of
paragraphs 1 and 2.
views, and shall notify them of any of relevant developments
in the
engagement with the third
country concerned.
Article 5, fourth paragraph
The Commission shall
The Commission shall
4. The Commission shall
4. The Commission shall remain
SE PRES agrees
remain open to engage with
remain open to engage with
remain open to engage
enter
open to enter into consultations
(Council mandate)
the third country concerned
the third country concerned
into consultations with the
with the third country concerned
after the adoption of Union
after the adoption of Union
third country concerned after
after the adoption of Union
response measures pursuant
response measures pursuant
the adoption of Union
response measures pursuant to
to Article 7. The
to Article 7. The
response measures pursuant
Article 7 and, as the case may be,
Commission may pursue
Commission may pursue
to Article 7. The
in conjunction with a suspension of
66
these efforts, as the case may these efforts, as the case may Commission may pursue
any Union response measures
be, in conjunction with a
be, in conjunction with a
these efforts
and, as the case
pursuant to Article 10(2).
suspension, pursuant to
suspension, pursuant to
may be, in conjunction with
Article 10(2), of any Union
Article 10(2), of any Union
a suspension, pursuant to
response measures.
response measures.
Article 10(2), of any Union
response measures
pursuant
to Article 10(2).
Article 6
Article 6
Article 6
Article 6
Article 6
G
67
International cooperation
International cooperation
International cooperation
International cooperation
G
Article 6, first paragraph
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2023 at 11h25 64/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
The Commission shall enter
The Commission shall enter
The Commission shall enter
The Commission shall enter into
SE PRES proposes
into consultations or
into consultations or
into consultations or
consultations or cooperation with
to accept the
cooperation, on behalf of the cooperation, on behalf of the cooperation, on behalf of the
any third country affected by the
timeline.
Union, with any other
Union, with any other
Union, with any other
third
same or similar measures of
country affected by the same country
and partner affected country affected by the same
economic coercion or with any
SE PRES agrees
or similar measures of
by the same or similar
or similar measures of
interested third country, with a
with the notion of
economic coercion or with
measures of economic
economic coercion or with
view to obtaining the cessation of
moving the
any interested third country,
coercion or with any
any interested third country,
the coercion, after having, in
information
with a view to obtaining the
interested
third countryand
with a view to obtaining the
accordance with the Treaty,
provision to a
cessation of the coercion.
partner, with a view to
cessation of the coercion
,
consulted the Council. This may
horizontal provision
This may involve, where
obtaining the cessation of the
after having, in accordance
involve, where appropriate,
in article 16.
appropriate, coordination in
coercion. This may involve,
with the Treaty, consulted
sharing related information and
relevant international fora
where appropriate
the Council. This may
experiences to facilitate a
SE PRES proposes
and coordination in response
coordination in sharing
involve, where appropriate,
coherent response to such
to accept the
to the coercion.
related information and
coordination in relevant
measures of economic coercion,
proposed added text
experiences to facilitate a
international fora and
coordination in relevant
“… sharing related
68
collective and coherent
coordination in response to
international fora and coordination
information…”.
response to such coercive
the coercion.
The
in response to the coercion.
The
measures, and ,
Commission shall keep the
Commission shall keep the
The term partner
coordination in relevant
European Parliament and
European Parliament and the
(preferably replaced
international fora and
the Council informed of
Council informed of any relevant
by “actor”) subject
coordination in response to
any relevant developments
developments and Such
to discussions with
the coercion.
Such
and invite, where
consultation or cooperation shall
EP, linked to
consultation or cooperation appropriate, Member
not unduly delay the procedure
definition of
shall not unduly delay the
States to participate in
under this Regulation. The
country.
application of this
such consultation and
Commission shall invite, where
instrument. The
cooperation.
appropriate, Member States to
Commission shall inform,
participate in such consultation and
including in the form of an
cooperation.
exchange of views, the
European Parliament and
the Council about the
consultation or cooperation.
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 7
Article 7
Article 7
Article 7
Article 7
G
69
Union response measures
Union response measures
Union response measures
Union response measures
G
Article 7(1), first subparagraph, introductory part
1. The Commission shall
1. The Commission shall
1. The Commission shall
1. The Commission shall
SE PRES proposes
adopt an implementing act
adopttake a Union response adopt an implementing act
in
adopttake a Union response
to agree.
determining that it shall take
measure by means of an
accordance with the
measure by means of an
a Union response measure
implementing act
examination procedure
implementing act in accordance
70
where:
determining that it shall take referred to in Article 15(2)
with the examination procedure
a Union response
determining that it shall take
referred to in Article 15(2)
measurefrom among the
a Union response measure
determining that it shall take a
measures provided for in
under this Regulation,
Union response measure under this
Annex I where:
where:
Regulation, where:
Article 7(1), first subparagraph, point (a)
(a) action pursuant to the
(a) action pursuant to the
(a) action pursuant to the
(a) action pursuant to
Articles 4
SE PRES proposes
Articles 4 and 5 has not
Articles 4 and 5 has not
Articles 4 and 5 has not
and 5 has not resulted in the
to accept (as a
resulted in the cessation of
resulted in the cessation of
resulted in the cessation of
cessation of the economic coercion concession)
the economic coercion and
the economic coercion and
,
the economic coercion and
,
and, where
requested, in
reparation of the injury it has
where appropriate, in the
where appropriate, the
appropriate, the reparation of the
caused to the Union or a
reparation of the injury it has reparation of the injury it has
injury it has caused to the Union or
71
Member State within a
caused to the Union or
aits
caused to the Union or a
a Member State within a
reasonable period of time;
Member
StateStates within
a Member State within a
reasonable period of time
; and not
reasonablethe period of time
reasonable period of time;
exceeding the time period
set in the decision referred
indicated in the implementing act
to in Article 4;
pursuant to Article 4 where such
period is indicated.
Article 7(1), first subparagraph, point (b)
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2023 at 11h25 66/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Preliminary
(b) action is necessary to
(b) action is necessary to
(b) action is necessary to
(b) action is necessary to protect
discussion held at
protect the interests and
protect the interests and
protect the interests and
the interests and rights of the Union WPTQ 18 January.
rights of the Union and its
rights of the Union and its
rights of the Union and its
and its Member States in that
Pending further
Member States in that
Member States in that
Member States in that
particular case in light of the
discussion on
particular case, and
particular case, and
particular case,
in light of
options available;
reparation.
the options available; and
Where the third country has
ceased the economic coercion but
has not repaired in full the injury
as requested, the consideration of
whether action is necessary to
protect the interests and rights of
the Union and its Member States
in that particular case shall be
based on the nature and extent of
the damage caused and all other
72
circumstances of the particular
case. Specifically, the
consideration shall be guided by
the overall relationship with the
third country concerned, other
aspects of Union interest,
including the desirability for
Union persons having suffered
damage to have that damage
repaired, and the general
obligation under customary
international law to make full
reparation for the injury caused
through an internationally
wrongful act.
and
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2023 at 11h25 67/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 7(1), first subparagraph, point (c)
(c) action is in the Union’s
(c) action is in the Union’s
(c) action is in the Union’s
(c) action is in the Union’s
SE PRES proposes
interest.
interest
in the particular
interest
in accordance with
interest
, as determined in
to agree
73
case of economic coercion
Article 7bis.
accordance with Article 7bis.
under examination.
Article 7(1), second subparagraph
SE PRES notes the
In the implementing act, the
In the implementing act
In the implementing act
In the implementing act referred to removal of the
Commission shall also
referred to in the first
referred to in the first
in the first subparagraph, the
reference to Annex I
determine the appropriate
subparagraph, the
subparagraph, the
Commission shall
also determine
(in the EP mandate
Union response from among Commission shall
also
Commission shall also
the appropriate Union response
this reference is
the measures provided for in
determine the appropriate
determine the appropriate
consisting in one or more measures found in L70, and in
Annex I. Such measures may
Union response from among Union response from among
pursuant to Annex Imeasures . The the COM
also apply with regard to
the measures provided for in the
consisting in one or
Commission shall pay particular
compromise in the
natural or legal persons
Annex Ijustify that the
more measures provided for
attention to the requirement to
definition of “union
designated in accordance
conditions referred to in
in
pursuant to Annex I. Such
explain that the conditions
response measures”
with Article 8. The
points (a), (b) and (c) are
measures may also apply
referred to in points (a), (b) and
in L38b. This is to
Commission may also adopt
met. It shall also determine
with regard to natural or
(c) are met and that the Union
be solved depending
74
measures which it can take
and justify the appropriate
legal persons designated in
response measure is appropriate
on outcome of
pursuant to other legal
Union response. Such
accordance with Article 8.
in accordance with Article 9(2).
discussion on
instruments.
measures may also apply
The Commission may also
Such measures may apply with
definitions.
with regard to natural or
adopt measures which it can
regard to natural or legal persons
legal persons designated in
take pursuant to other legal
designated in accordance with
SE PRES considers
accordance with Article 8.
instruments.
Article 8.
the wording “pay
The Commission may also
particular attention
adopt measures which it can
to” unclear and asks
take pursuant to other legal
the COM to explain.
instruments.
MS views are
welcome.
Article 7(1), third subparagraph
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
The implementing act shall
The implementing act
Insofar as the measures of
Insofar as the measures of the third SE PRES agrees
be adopted in accordance
referred to in the first
the third country
country concerned constitute an
(Council mandate)
with the examination
subparagraph shall be
concerned constitute an
internationally wrongful act,
procedure referred to in
adopted in accordance with
internationally wrongful
Union response measures adopted
Article 15(2).
the examination procedure
act, Union response
under this Regulation may consist
referred to in Article 15(2).
measuresThe implementing
of measures implying the non-
The Commission shall
act shall be adopted in
performance of international
inform, including in the
accordance with the
obligations towards the third
75
form of an exchange of
examination procedure
country concerned.
views, the European
referred to in Article
Parliament and the Council 15(2)
under this Regulation
of the implementing act and may consist of measures
publish it in the Official
implying the non-
Journal of the European
performance of
Union and through other
international obligations
suitable public
towards the third country
communication means.
concerned.
Article 7(1), third subparagraph a
The Commission may also
The Commission may also adopt,
SE PRES proposes
adopt measures that are not
pursuant to other legal
not to accept, and
listed in Annex I pursuant
instruments, measures that are not prefer Council
to other legal instruments.
listed in Annex I. Any such
language in recital
75a
Any such adoption shall be
adoption shall be coordinated and 24b. Note discussion
coordinated and consistent
consistent with action under this
on definition of
with action under this
Regulation.
union response
Regulation.
measures (line 38b).
Article 7(2)
76
2. The Union response
2. The Union response
2. The Union response
2. The Union response measures
SE PRES suggests
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
measures shall apply from a
measures shall apply from a
measures shall apply from a
shall apply from a specified date
accepting (as a
specified date after the
specified date after the
specified date after the
after the adoption of the
concession)
adoption of the
adoption of the
adoption of the
implementing act referred to in
implementing act referred to implementing act referred to implementing act referred to
paragraph 1.
The specified date
in paragraph 1. The
in paragraph 1
and in any
in paragraph 1. The
for application shall not be later
Commission shall set this
case within three months
Commission shall set
than three months from the
date of application, taking
from its adoption. The
this
specify the date of
adoption of the implementing act,
into account the
Commission shall set this
application
of the Union
unless the implementing act
circumstances, to allow for
date of application, taking
response measures, taking
specifies a later date in light of the
the notification of the third
into account the
into account the
specific circumstances. The
country concerned pursuant
circumstances, to allow for
circumstances, to allow for
Commission shall specify the date
to paragraph 3 and for it to
the notification of the third
the notification of the third
of application of the Union
cease the economic
country concerned pursuant
country concerned pursuant
response measures, taking into
coercion.
to paragraph 3 and for it to
to paragraph 3 and for it to
account the circumstances, to allow
cease the economic coercion
cease the economic coercion.
for the notification of the third
and, where appropriate, to
country concerned pursuant to
repair the injury caused.
paragraph 3 and for it to cease the
economic coercion
or, where
requested , to repair the injury
caused.
Article 7(3)
3. The Commission shall,
3. The Commission shall,
3. The Commission shall,
3. Upon adoption of the
SE PRES agrees
upon adoption of the
upon adoption of the
Upon adoption of the
implementing act referred to in
(Council mandate)
implementing act, notify the implementing act, notify the
implementing act, notify the
paragraph 1, the Commission shall
third country concerned of
third country concerned of
third country concerned of
notify the third country concerned
the Union response measures the Union response measures the Union response measures
thereof and:
77
adopted pursuant to
adopted pursuant to
adopted pursuant to
referred
paragraph 1. In the
paragraph 1. In the
to in paragraph 1. In the
notification, the Commission notification, the Commission notification, the Commission
shall, on behalf of the Union, shall, on behalf of the Union, shall, on behalf of the Union,
call on the third country
call on the third country
call on
notify the third
concerned to promptly cease concerned to
country concerned to
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
the economic coercion, offer
promptlyimmediately cease
promptly cease the economic
to negotiate a solution, and
the economic coercion, offer coercion, offer to negotiate a
inform the third country
to negotiate a solution
solution, and inform the third
concerned that the Union
including, where
country concerned that the
response measure will apply,
appropriate, with regard to
Union response measure will
unless the economic
the reparation of the injury
apply, unless the economic
coercion ceases.
caused by the third country
coercion ceases.
thereof and:
to the Union or its Members States, and inform the third
country concerned that the
Union response measure will
apply, unless the economic
coercion ceases
or, where
appropriate, that third
country repairs the injury
caused.
Article 7(3), point (a)
SE PRES proposes
(a) call on the third country
(a) call on the third country
to accept.
concerned to promptly cease
concerned to
promptly immediately
77a
the economic coercion;
cease the economic coercion
and,
where appropriate, to repair the
injury caused;
Article 7(3), point (b)
SE PRES agrees
(b) offer the third country
(b) offer the third country
(Council mandate)
77b
concerned to negotiate a
concerned to negotiate a solution
;
solution; and
and
Article 7(3), point (c)
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
SE PRES proposes
(c) inform the third country
(c) inform the third country
not to agree at this
concerned that the Union
concerned that the Union
stage. If accepted, it
response measures will
response measures will apply,
should read “(..)
77c
apply, unless the economic
unless the economic coercion
where
requested
coercion ceases.
ceases
and, where appropriate,
and appropriate
the third country repairs the
(…)”
injury caused.
Article 7(4)
4. The implementing act
4. The implementing act
4. The implementing act
4. The implementing act referred
SE PRES suggests
referred to in paragraph 1
referred to in paragraph 1
referred to in paragraph 1
to in paragraph 1 shall provide for
accepting the
shall state that the
shall state that the
shall state that the
provide
a deferred application of the Union addition of "
but
application of the Union
application of the Union
for a deferred application of
response measures
, but only for a
only... that is
response measures shall be
response measures shall be
the Union response measures
period
that is necessary for the
necessary for the
deferred for a period
deferred
, but only for a
shall be deferred for a period
Commission to verify the actual
Commission to
specified in that
period
that is necessary for
of time specified in that
cessation of the coercion and
verify the actual
implementing act, where the
the Commission to verify
implementing act, where the
which needs to beof time specified
cessation of the
Commission has credible
the actual cessation of the
Commission has credible
in that implementing act, where the
coercins and which
information that the third
coercion or threat thereof
information that the third
Commission has credible
needs to be"
country has ceased the
and that needs to be
country has ceased the
information that the third country
78
economic coercion before
specified in that
economic coercion before
has ceased
or has taken concrete
the start of application of the implementing act, where the the start
date of application
steps to cease the economic
adopted Union response
Commission has credible
of the adopted Union
coercion
and, where appropriate,
measures. In that event, the
information that the third
response measures. In that
has repaired the injury caused
Commission shall publish a
country has
ceasedtaken
before the
datestart of application
notice in the Official Journal
concrete steps to cease the
In the event,
that the
of the adopted Union response
of the European Union
economic coercion
or the
Commission
has the
measures.
indicating that there is such
threat thereof or, where
information referred to in
information and the date
appropriate, has repaired
the first subparagraph, it
In the event that the Commission
from which the deferral shall
the injury caused before the shall publish a notice in the
has the information referred to in
apply. If the third country
start of application of the
Official Journal of the
the first subparagraph, it shall
ceases the economic
adopted Union response
European UnionOfficial
publish a notice in the
Official
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
coercion before the Union
measures. In that event, the
Journal of the European
Journal of the European Union
response measures start to
Commission shall publish a
Union indicating that there is
indicating that there is such
apply, the Commission shall notice in the Official Journal such information and the
information and the date from
terminate the Union
of the European Union
date from which the deferral
which the deferral shall apply.
response measures in
indicating that there is such
shall apply.
accordance with Article 10.
information and the date
If the third country ceases the
from which the deferral shall If the third country ceases
economic coercion
and, where
apply. If the third country
the economic coercion
appropriate, repairs the injury
ceases the economic
before the Union response
caused before the date of
coercion
or, where
measures start to apply
date
application of the Union response
appropriate, repairs the
of application of the Union
measures, the Commission shall
injury caused before the
response measures, the
terminate the Union response
Union response measures
Commission shall terminate
measures in accordance with
start to apply, the
the Union response measures
Article 10.
Commission shall terminate
in accordance with Article
the Union response measures 10.
in accordance with Article
10.
Article 7(5)
5. Notwithstanding
5.
Notwithstanding
5. Notwithstanding
5. Notwithstanding paragraphs 2, 3 Linked to line 77c.
paragraphs 2, 3 and 4, the
paragraphs 2, 3 and 4, The
paragraphs 2, 3 and 4, the
and 4, the implementing act
Union response measures
Union response measures
implementing act referred
referred to in
may apply without the
may apply without the
to in paraghraph 1 may
paraghraphparagraph 1 may
Commission, on behalf of
Commission, on behalf of
provide that Union response
provide that Union response
the Union, first calling, once the Union, first calling
, once measures may
shall apply
measures shall apply without the
79
more, on the third country
more again, on the third
without the Commission, on
Commission first calling,
once
concerned to cease the
country concerned to cease
behalf of the Union, first
moreagain, on the third country
economic coercion or
the economic coercion or
calling, once more, on the
concerned to cease the economic
without the Commission first without the Commission first third country concerned to
coercion or
, where appropriate,
notifying it that Union
notifying it that Union
cease the economic coercion
repair the injury caused, or
response measure will apply, response measure will apply
or without the Commission
without the Commission first
where this is necessary for
pursuant to paragraph 3,
first notifying it
the third
notifying the third country
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
the preservation of the rights where this is necessary for
country concerned that
concerned that Union response
and interests of the Union or the preservation of the rights Union response measure will
measure will apply
pursuant to
Member States, notably of
and interests of the Union or apply, where
in duly
paragraph 3, where in duly
the effectiveness of Union
Member States, notably of
justified cases, this is
justified cases, this is necessary for
response measures.
the effectiveness of Union
necessary for the
the preservation of the rights and
response measures.
preservation of the rights and
interests of the Union or a Member
interests of the Union or
a
State, notably of the effectiveness
Member States
State, notably
of Union response measures.
of the effectiveness of Union
response measures.
Article 7(5a)
5bis. Notwithstanding
5bis. Notwithstanding paragraphs
SE PRES agrees
paragraphs 2 and 4, where
2 and 4, where economic coercion
(Council mandate)
economic coercion consists
consists in a threat to apply
in a threat to apply
measures affecting trade or
measures affecting trade or
investment in accordance with
investment in accordance
Article 2(1), the date of application
with Article 2(1), the date
of the Union response measures
of application of the Union
shall be the date when the third
response measures shall be
country starts applying such
the date when the third
measures. The Commission shall
79a
country starts applying
specify such date of application in
such measures. The
the implementing act referred to in
Commission shall specify
paragraph 1. If the third country
such date of application in
delays to a specific date the
the implementing act
application of its measures, the
referred to in paragraph 1.
Commission shall publish a notice
If the third country delays
in the Official Journal of the
to a specific date the
European Union indicating that the
application of its measures,
Union response measures shall
the Commission shall
apply on that date.
publish a notice in the
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Official Journal of the
European Union indicating
that the Union response
measures shall apply on
that date.
Article 7(6)
6. On duly justified
6. On duly justified
6. On duly justified
SE PRES agrees
imperative grounds of
imperative grounds of
imperative grounds of
(Council mandate),
urgency to avoid irreparable
urgency to avoid irreparable
urgency to avoid irreparable
deleted in both
damage to the Union or its
damage to the Union or its
damage to the Union or its
packages proposed
Member States by the
Member States by the
Member States by the
by the COM
measures of economic
measures of economic
measures of economic
coercion the Commission
coercion the Commission
coercion the Commission
shall adopt immediately
shall
adopttake a Union
shall adopt immediately
applicable implementing
response measure by means applicable implementing acts
acts imposing Union
of an implementing act
imposing Union response
response measures, in
referred to in Article 7(1) as measures, in accordance
accordance with the
immediately applicable
with the procedure referred
80
procedure referred to in
implementing acts imposing
to in Article 15(3). The
Article 15(3). The
Union response measures, in requirements set out in
requirements set out in
accordance with the
paragraphs 2 to 5 shall
paragraphs 2 to 5 shall
procedure referred to in
apply. Those acts shall
apply. Those acts shall
Article 15(3).
The
remain in force for a period
remain in force for a period
requirements set out in
not exceeding three months.
not exceeding three months.
paragraphs
2 to 51 to 4 shall
apply
and the conditions
listed in paragraph 5 are
considered to be met. Those
acts shall remain in force for
a period not exceeding three
months
after which the
measures may be adopted by
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
means of an implementing
act referred to in Article
7(1) may be adopted as
appropriate. The
Commission shall inform,
including in the form of an
exchange of views, the
European Parliament and
the Council about the
implementing acts and
publish them in the Official
Journal of the European
Union and through other
suitable public
communication means.
Article 7(7), introductory part
7. The Commission is
7. The Commission is
SE PRES agrees
empowered to adopt
empowered to adopt
deleted
(Council mandate)
delegated acts in accordance delegated acts in accordance
with Article 14 to amend the with Article 14 to amend the
list provided for in Annex I
list provided for in Annex I
in order to provide
in order to provide additional
additional types of measures types of measures to respond
81
to respond to a third
to a third country’s measure
,
country’s measure. The
after having informed the
Commission may adopt such
European Parliament and
delegated acts where the
the Council of the delegated
types of response measures
acts. The Commission may
would:
adopt such delegated acts
where the types of response
measures would:
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 7(7), point (a)
(a) be as effective or more
(a) be as effective or more
SE PRES agrees
effective than the response
effective than the response
deleted
(Council mandate)
measures already provided
measures already provided
82
for in terms of inducing the
for in terms of inducing the
cessation of measures of
cessation of measures of
economic coercion;
economic coercion;
Article 7(7), point (b)
(b) provide as effective or
(b) provide as effective or
SE PRES agrees
more effective relief to
more effective relief to
deleted
(Council mandate)
economic operators within
economic operators within
83
the Union affected by the
the Union affected by the
measures of economic
measures of economic
coercion;
coercion;
Article 7(7), point (c)
SE PRES agrees
(c) avoid or minimise the
(c) avoid or minimise the
(Council mandate)
84
negative impact on affected
negative impact on affected
deleted
actors; or
actors; or
Article 7(7), point (d)
SE PRES agrees
(d) avoid or minimise
(d) avoid or minimise
(Council mandate)
85
administrative complexity
administrative complexity
deleted
and costs.
and costs.
Article 7bis
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 7bis
Article
7bis7a
Union's interest
Article 7bis
85a
Determination of the Union's
interest
Article 7bis(1)
SE PRES is working
A determination as to
A determination as to whether it is on a counter-
whether it is in the Union’s
in the Union’s interest to act under
proposal from the
interest to act under this
this Regulation shall be based on
EP, taking into the
Regulation shall be based
an appreciation of all the various
MS views expressed
on an appreciation of all
interests taken as a whole,
at the WPTQ 18th of
the various interests taken
including the interests of Member
January.
as a whole, including the
States, Union economic operators,
interests of Member States,
including upstream and
Union economic operators,
downstream industries, and final
including upstream and
consumers. The general objective
downstream industries,
of deterring or having the third
and final consumers. The
country desist from measures of
85b
general objective of
economic coercion, whilst enabling
deterring or having the
the Union as a last resort to
third country desist from
counteract such actions, shall be
measures of economic
given special consideration
in the
coercion, whilst enabling
determination. The determination
the Union as a last resort to
shall be made on the basis of all the
counteract such actions,
information available. Union
shall be given special
response measures under this
consideration. The
Regulation shall be taken where the
determination shall be
Commission concludes that it is in
made on the basis of all the
the Union’s interest to take such
information available.
measures.
Union response measures
under this Regulation shall
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
be taken where the
Commission concludes that
it is in the Union’s interest
to take such measures.
Article 8
Article 8
Article 8
Article 8
Article 8
Union response measures
Union response measures
Union response measures
Union response measures with
G
86
with regard to natural or
with regard to natural or
with regard to natural or
regard to natural or legal persons
G
legal persons
legal persons
legal persons
Article 8(1), first subparagraph, introductory part
1. The Commission may
1. The Commission may
1. The Commission may
1. Natural or legal persons which
SE PRES agrees
provide, in the implementing provide, in the implementing provide, in the implementing
engage, or may engage in activities (Council mandate)
act referred to in Article
act referred to in Article
act referred to in
Natural or
covered by Article 207 TFEU and
7(1), or in a separate
7(1), or in a separate
legal persons which
are connected or linked to the
implementing act, that:
implementing act, that:
engage, or may engage in
government of the third country
activities covered by Article
concerned may be subject to Union
7(1), or in a separate
response measures pursuant to
87
implementing act, that:
207
Annex I.
TFEU and are connected
or linked to the
government of the third
country concerned may be
subject to Union response
measures pursuant to
Annex I.
Article 8(1), first subparagraph, point (a)
88
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
(a) legal or natural persons
(a) legal or natural persons
(a)
SE PRES agrees
designated in accordance
designated in accordance
deleted
(Council mandate)
with paragraph 2 point (a)
with paragraph 2 point (a)
shall be subject to Union
shall be subject to Union
response measures; or
response measures; or
Article 8(1), first subparagraph, point (b)
(b) without prejudice to the
(b) without prejudice to the
SE PRES agrees
responsibility of the third
responsibility of the third
deleted
(Council mandate)
country under international
country under international
law, Union natural or legal
law, Union natural or legal
persons affected by the third persons affected by the third
country’s measures of
country’s measures of
economic coercion shall be
economic coercion shall be
entitled to recover, from
entitled to recover, from
89
persons designated pursuant
persons designated pursuant
to paragraph 2, point (b), any to paragraph 2, point (b), any
damage caused to them by
damage caused to them by
the measures of economic
the measures of economic
coercion up to the extent of
coercion up to the extent of
the designated persons’
the designated persons’
contribution to such
contribution to such
measures of economic
measures of economic
coercion.
coercion.
Article 8(1), second subparagraph
Those measures shall apply
Those measures shall apply
SE PRES agrees
as of the same date of
as of the same date of
deleted
(Council mandate)
90
application as the Union
application as the Union
response measures adopted
response measures adopted
pursuant to Article 7, or as
pursuant to Article 7, or as
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
of a later date specified in
of a later date specified in
the implementing act
the implementing act
pursuant to this paragraph.
pursuant to this paragraph.
Article 8(1), third subparagraph
Those implementing acts
Those implementing acts
SE PRES agrees
shall be adopted in
shall be adopted in
deleted
(Council mandate)
91
accordance with the
accordance with the
examination procedure
examination procedure
referred to in Article 15(2).
referred to in Article 15(2).
Article 8(2), introductory part
2. The Commission may
2. The Commission may
2.
SE PRES agrees
92
designate a natural or legal
designate a natural or legal
deleted
(Council mandate)
person where it finds:
person where it finds:
Article 8(2), point (a)
(a) that such person is
(a) that such person is
SE PRES agrees
connected or linked to the
connected or linked to the
deleted
(Council mandate)
93
government of the third
government of the third
country concerned; or,
country concerned; or,
Article 8(2), point (b)
(b) that such person is
(b) that such person is
SE PRES agrees
94
connected or linked to the
connected or linked to the
deleted
(Council mandate)
government of the third
government of the third
country concerned and has
country concerned and has
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
additionally caused or been
additionally caused or been
involved in or connected
involved in or connected
with the economic coercion. with the economic coercion.
Article 8(2a)
SE PRES agrees
3. Paragraph 1 shall only
3. Paragraph
[1]1 shall only apply
(Council mandate)
apply to natural or legal
to natural or legal persons
94a
persons designated in
designated in accordance with this
accordance with this
Article.
Article.
Article 8(2b)
SE PRES agrees
4. For the purposes of this
4. For the purposes of this Article, (Council mandate)
Article, the Commission
the Commission shall adopt
shall adopt implementing
implementing acts in accordance
acts in accordance with the
with the examination procedure
examination procedure
referred to in Article 15(2). Such
referred to in Article 15(2).
implementing acts shall designate
94b
Such implementing acts
persons falling under paragraph 1,
shall designate persons
and specify the Union response
falling under paragraph 1,
measures applicable to such
and specify the Union
persons.
response measures
applicable to such persons.
Article 8(2c)
SE PRES agrees
5. The implementing act
5. The implementing act referred
(Council mandate)
94c
referred to in paragraph 4
to in paragraph 4 of this Article
of this Article may be
may be adopted simultaneously
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
adopted simultaneously
with the implementing act referred
with the implementing act
to in Article 7(1), or subsequently.
referred to in Article 7(1),
or subsequently.
Article 8(2d), introductory part
SE PRES agrees
6. A natural or legal person
6. A natural or legal person may (Council mandate)
may be considered as
be considered as connected or
connected or linked to the
94d
linked to the government of the
government of the third
third country concerned
country concerned pursuant
pursuant to paragraph 1 where:
to paragraph 1 where:
Article 8(2d), point (a)
SE PRES agrees
(a) that government
(a) that government beneficially (Council mandate)
beneficially owns more than
owns more than 50 % of the
50 % of the equity interest
equity interest in such legal
in such legal person,
person, exercises directly or
exercises directly or
indirectly more than 50 % of the
94e
indirectly more than 50 %
voting rights in it, or has the
of the voting rights in it, or
has the power to appoint a
power to appoint a majority of
majority of its directors or
its directors or otherwise to
otherwise to legally direct its
legally direct its actions;
actions;
Article 8(2d), point (b)
SE PRES agrees
94f
(b) such person benefits
(b) such person benefits from
(Council mandate)
from exclusive or special
exclusive or special rights or
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
rights or privileges granted
privileges granted in law or in
in law or in fact by the
fact by the government of the
government of the third
third country concerned, if it
country concerned, if it
operates in a sector where that
operates in a sector where
government limits to one or
that government limits to
more the number of suppliers or
one or more the number of
suppliers or buyers, or if it
buyers, or if it is allowed
is allowed directly or
directly or indirectly by that
indirectly by that
government to exercise practices
government to exercise
which prevent, restrict or distort
practices which prevent,
competition; or
restrict or distort
competition; or
Article 8(2d), point (c)
SE PRES agrees
(c) such person effectively
(c) such person effectively acts
(Council mandate)
acts on behalf of, or at the
on behalf of, or at the direction
94g
direction or instigation of
or instigation of the government
the government of the third
of the third country concerned.
country concerned.
Article 8(3)
3. In making this
3. In making this
SE PRES agrees
designation the Commission designation the Commission
deleted
(Council mandate)
shall examine all relevant
shall examine all relevant
95
criteria and available
criteria and available
information, including
information, including
whether the persons
whether the persons
concerned are known to
concerned are known to
effectively act on behalf of,
effectively act on behalf of,
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
or are beneficially owned or
or are beneficially owned or
otherwise effectively
otherwise effectively
controlled by the
controlled by the
government of the third
government of the third
country.
country.
Article 8(4)
4. Where the Commission
4. Where the Commission
4
8. Where the Commission
8. Where the Commission has
SE PRES agrees
has grounds to consider that
has grounds to consider that
has grounds to consider that
grounds to believe that a person
(Council mandate)
persons should be designated persons should be designated persons
believe that a
should be designated on the basis
pursuant to paragraph 2,
pursuant to paragraph 2,
person should be designated
of paragraph 1, it shall inform such
point (a) or point (b) it shall
point (a) or point (b) it shall
pursuant to
on the basis of
person of its intention, including
publish a provisional list of
publish a provisional list of
paragraph 2, point (a) or
the grounds for designation, and,
persons and, where relevant, persons and, where relevant, point (b) it shall publish a
where relevant, the possible
the possible measures
the possible measures
provisional list of persons
1,
measures pursuant to Annex I that
pursuant to Annex I that they pursuant to Annex I that they
it shall inform such person
that person would be subject to.
would be subject to. Before
would be subject to. Before
of its intention, including
The Commission shall publish a
deciding on designation, it
deciding on designation, it
the grounds for
notice in the Official Journal of the
shall give any persons
shall give any persons
designation, and, where
European Union to this effect and,
96
provisionally designated and provisionally designated and relevant, the possible
whenever possible, notify directly
other interested parties the
other interested parties the
measures pursuant to Annex
the person concerned.
opportunity to submit
opportunity to submit
I
that that person that they
comments on the possible
comments on the possible
would be subject to. Before
designation, in particular
designation, in particular
deciding on designation, it
whether they fall under the
whether they fall under the
shall give any persons
conditions of paragraph 2,
conditions of paragraph 2,
provisionally designated and
point (a) or point (b). The
point (a) or point (b). The
other interested parties the
Commission may also seek
Commission may also seek
opportunity to submit
additional information it
additional information it
comments on the possible
considers pertinent
considers pertinent
designation, in particular
concerning the potential
concerning the potential
whether they fall under the
designation.
designation.
conditions of paragraph 2,
point (a) or point (b). The
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Commission may also seek
additional information it
considers pertinent
concerning the potential
designation
The
Commission shall publish a
notice in the Official
Journal of the European
Union to this effect and,
whenever possible, notify
directly the person
concerned.
Article 8(4a), introductory part
SE PRES agrees
Before deciding on the
Before deciding on the
(Council mandate)
96a
designation, the
designation, the Commission shall
Commission shall give:
give:
]
Article 8(4a), point (a)
SE PRES agrees
(a) any persons referred to
(a)
any persons referred to in the
(Council mandate)
in the first subparagraph
first subparagraph the opportunity
the opportunity to submit
to submit observations on the
observations on the possible
possible designation, in particular
designation, in particular
on whether they fall under the
96b
on whether they fall under
conditions established in
the conditions established in
paragraph [1]1; within a
paragraph 1; within a
reasonable period of time; and
reasonable period of time;
and
Article 8(4a), point (b)
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
SE PRES agrees
(b) other interested parties
(b) other interested parties the
(Council mandate)
the opportunity to submit
opportunity to submit observations
96c
observations on the
on the possible designation.
possible designation.
Article 8(4b)
SE PRES agrees
The Commission may also
The Commission may also seek
(Council mandate)
seek information it
information it considers relevant
considers relevant
concerning the potential
concerning the potential
designation under this Article,
96d
designation under this
including by requesting such
Article, including by
information from Member States.
requesting such
information from Member
States.
Article 8(4c)
SE PRES agrees
9. Without prejudice to
9. Without prejudice to Article 10, (Council mandate)
Article 10, the Commission
the Commission shall review
shall review designations
designations under this Article
under this Article when
when new substantial evidence is
new substantial evidence is
submitted to the Commission and
96e
submitted to the
inform the designated natural or
Commission and inform
legal persons concerned
the designated natural or
accordingly.
legal persons concerned
accordingly.
Article 9
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 9
Article 9
Article 9
Article 9
Criteria for selecting and
Criteria for selecting and
Criteria for selecting and
Criteria for selecting and designing
G
97
designing Union response
designing Union response
designing Union response
Union response measures
G
measures
measures
measures
Article 9(1)
1. Any Union response
1. Any Union response
1. Any Union response
1. Any Union response measure
SE PRES would like
measure shall not exceed the measure shall
not exceedbe
measure shall not exceed the
shall not exceed
the level
that is
to hear MS views,
level that is commensurate
commensurate to the level
level that is commensurate
commensurate withof the injury
and notes need for
with the injury suffered by
that is commensurate withto
with the injury suffered by
suffered by the Union or a Member editorial corrections
the Union or a Member State the injury suffered by the
the Union or a Member State
State due to the third country’s
(“, the” before
due to the third country’s
Union or a Member State
due to the third country’s
measures of economic coercion,
“economic impact"”.
measures of economic
due to the third country’s
measures of economic
taking into account the gravity of
coercion, taking into account measures of economic
coercion, taking into account
the third country’s measures of
the gravity of the third
coercion,
taking into account the gravity of the third
economic coercion
economic
country’s measures and the
the gravity of the third
country’s measures
of
impact that those measures of
98
rights in question.
country’s measures and the
economic coercion and the
economic coercion are having on
economic impact that those
rights in question
of the
the Union or a Member State
and
measures are having on the Union or a Member State.
the rights of the Union and its
Union or a Member State
Member States .
and shall be effective in
preserving the Union and its
Member States’ rights in
questionmaking legitimate
sovereign choices with
regard to particular acts,
policies or stances.
Article 9(2), introductory part
99
2. The Commission shall
2. The Commission shall
2. The Commission shall
2. The Commission shall select
SE PRES proposes
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
select and design an
select and design an
select and design an
and design an appropriate response to accept
appropriate response
appropriate response
appropriate response
measure taking into account the
measure taking into account
measure taking into account
measure taking into account
determination made pursuant to
the determination made
the determination made
the determination made
Article 4, the criteria set out in
pursuant to Article 4, the
pursuant to Article 4, the
pursuant to Article 4, the
Article 2(2) and the Union’s
criteria set out in Article 2(2) criteria set out in Article
2(2) criteria set out in Article 2(2)
interest
determination pursuant to
and the Union’s interest, on
and the Union’s interest2, on and the Union’s interest
Article 7bis, on the basis of
the basis of available
the basis of available
pursuant to Article 7bis, on
available information, including as
information, including as
information, including as
the basis of available
collected pursuant to Article 11,
collected pursuant to Article collected pursuant to Article information, including as
and the following criteria:
11, and the following
11, and the following
collected pursuant to Article
criteria:
criteria:
11, and the following
criteria:
Article 9(2), point (a)
(a) the effectiveness of the
(a) the effectiveness of the
(a) the effectiveness of the
(a) the effectiveness of the Union
SE PRES proposes
measures in inducing the
measures in inducing the
Union response measures in
response measures in inducing the
not to accept at this
cessation of the economic
cessation of the economic
inducing the cessation of the
cessation of the economic coercion
stage.
coercion;
coercion
and, where
economic coercion;
and, where requested, reparation
100
appropriate, reparation of
of the injury caused to the Union
the injury caused to the
and its Member States;
Union and its Member
States;
Article 9(2), point (aa)
SE PRES agrees
(abis) the avoidance or
(abis) the avoidance or
(Council mandate)
100a
minimisation of negative
minimisation of negative impacts
impacts
Article 9(2), point (ab)
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
- on Union actors affected
- on Union actors affected by
SE PRES agrees
by Union response
Union response measures,
(Council mandate)
measures, including the
including the availability of
availability of alternatives
alternatives for such affected
100b
for such affected actors, for
actors, for example alternative
example alternative
sources of supply for goods or
sources of supply for goods
services,
or services,
Article 9(2), point (ac)
SE PRES agrees
- on the investment
- on the investment environment in (Council mandate)
environment in the Union
the Union or a Member State,
or a Member State,
including the impact on
100c
including the impact on
employment and regional
employment and regional
development policy;
development policy;
Article 9(2), point (b)
(b) the potential of the
(b) the potential of the
(b) the potential of the
(b) the potential of the Union
SE PRES agrees
measures to provide relief to measures to provide relief to
Union response measures to
response measures to provide relief (Council mandate)
economic operators within
economic operators within
provide relief to
Union
to Union economic operators
101
the Union affected by the
the Union affected by the
economic operators within
within the Union affected by the
economic coercion;
economic coercion;
the Union affected by the
economic coercion;
economic coercion;
Article 9(2), point (c)
102
(c) the avoidance or
(c) the avoidance or
(c) the avoidance or
SE PRES agrees
minimisation of negative
minimisation of negative
minimisation of negative
(Council mandate)
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
impacts on affected actors
impacts on affected actors by impacts on affected actors by
by Union response
Union response measures,
Union response measures,
measures, including the
including the availability of
including the availability of
availability of alternatives
alternatives for affected
alternatives for affected
for affected actors, for
actors, for example
actors, for example
example alternative sources
alternative sources of supply alternative sources of supply
of supply for goods or
for goods or services;
for goods or services;
services;
Article 9(2), point (d)
(d) the avoidance or
(d) the avoidance or
(d) the avoidance or
(d) the avoidance or minimisation
SE PRES agrees
minimisation of negative
minimisation of negative
minimisation of negative
of negative effects on other Union
(Council mandate)
103
effects on other Union
effects on other Union
effects on other Union
policies or objectives by Union
policies or objectives;
policies or objectives;
policies or objectives
by
response measures;
Union response measures;
Article 9(2), point (da)
SE PRES agrees
(dbis) any relevant action
(dbis) any relevant action in the
(Council mandate)
103a
in the Union’s common
Union’s common foreign and
foreign and security policy;
security policy;
Article 9(2), point (e)
(e) the avoidance of
(e) the avoidance of
(e) the avoidance of
(e) the avoidance of
SE PRES agrees
disproportionate
disproportionate
disproportionate
disproportionate administrative
(Council mandate)
administrative complexity
administrative complexity
administrative complexity
complexity and costs in the
104
and costs in the application
and costs in the application
and costs in the application
application of the Union response
of the Union response
of the Union response
of the Union response
measures;
measures;
measures;
measures;
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 9(2), point (f)
(f) the existence and nature
(f) the existence and nature
(f) the existence and nature
(f) the existence and nature of any
SE PRES agrees
of any response measures
of any response measures
of any response measures
response measures enacted by
(Council mandate)
enacted by other countries
enacted by other countries
enacted by other
third
third countries affected by the same
affected by the same or
affected by the same or
countries affected by the
or similar measures of economic
105
similar measures of
similar measures of
same or similar measures of
coercion, including where relevant
economic coercion,
economic coercion,
economic coercion,
any coordination pursuant to
including where relevant any including where relevant any including where relevant any
Article 6;
coordination pursuant to
coordination pursuant to
coordination pursuant to
Article 6;
Article 6;
Article 6;
Article 9(2), point (g)
(g) any other relevant
(g) any other relevant
(g) any other relevant
(g) any other relevant criteria
SE PRES agrees
G
106
criteria established in
criteria established in
criteria established in
established in international law.
(Council mandate)
G
international law.
international law.
international law.
Article 9(2a)
SE PRES agrees
In selecting Union
In selecting Union response
(Council mandate) –
response measures, the
measures, the Commission shall
lines 106a-f
Commission shall give
give predominant weight to
connected to
predominant weight to
measures which most effectively
possible limitations
106a
measures which most
ensure compliance with criteria (a)
of annex I
effectively ensure
and (abis).
compliance with criteria
(a) and (abis).
Article 9(2b), introductory part
SE PRES agrees
106b
2bis. Without prejudice to
[2bis. Without prejudice to
(Council mandate)
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
paragraph 2, when
paragraph 2, when selecting and
selecting and designing an
designing an appropriate response
appropriate response
measure that affects a procedure
measure that affects a
whereby a public authority in the
procedure whereby a
Union grants authorisations,
public authority in the
registrations, licenses or other
Union grants
rights to a natural or legal person
authorisations,
for the purposes of their
registrations, licenses or
commercial activities, the
other rights to a natural or
Commission shall always consider
legal person for the
measures according to the
purposes of their
following hierarchy of steps:
]
commercial activities, the
Commission shall always
consider measures
according to the following
hierarchy of steps:
Article 9(2b), point (a)
SE PRES agrees
(a) measures affecting
[(a) measures affecting procedures (Council mandate)
procedures duly initiated
duly initiated after the entry into
after the entry into force of
force of the implementing act
the implementing act
referred to in Article 7(1) or 8(1),
106c
referred to in Article 7(1)
respectively, or where no such
or 8(1), respectively, or
measures are available
]
where no such measures
are available
Article 9(2b), point (b)
SE PRES agrees
106d
(b) measures affecting
[(b) measures affecting procedures (Council mandate)
procedures not yet
not yet completed upon the entry
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
completed upon the entry
into force of the implementing act
into force of the
referred to in Article 7(1) or 8(1),
implementing act referred
respectively.
]
to in Article 7(1) or 8(1),
respectively.
Article 9(2c)
SE PRES agrees
Where none of the
[Where none of the measures
(Council mandate)
measures referred to in
referred to in points (a) and (b) of
points (a) and (b) of the
the first subparagraph are available,
first subparagraph are
the Commission may, in
available, the Commission
exceptional circumstances consider
may, in exceptional
other response measures, where it
circumstances consider
has been demonstrated, in light of
other response measures,
the information-gathering exercise
where it has been
conducted pursuant to Article 11,
demonstrated, in light of
that those other measures would
the information-gathering
not disproportionately affect the
exercise conducted
upstream industries, downstream
106e
pursuant to Article 11, that
industries or final consumers
those other measures
within the Union or impose a
would not
disproportionate burden on the
disproportionately affect
process of administration of
the upstream industries,
relevant national regulations, whilst
downstream industries or
ensuring effectiveness.
]
final consumers within the
Union or impose a
disproportionate burden
on the process of
administration of relevant
national regulations, whilst
ensuring effectiveness.
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 9(2d)
SE PRES agrees
In conjunction with the
[In conjunction with the first
(Council mandate)
first subparagraph, when
subparagraph, when selecting and
selecting and designing a
designing a response measure, the
response measure, the
Commission shall always take into
Commission shall always
account the level of harmonisation
take into account the level
while preferring measures affecting
of harmonisation while
procedures applied on a Union-
106f
preferring measures
wide basis or measures affecting
affecting procedures
procedures applied in an area
applied on a Union-wide
where extensive Union legislation
basis or measures affecting
exists.
]
procedures applied in an
area where extensive Union
legislation exists.
Article 9(3), first subparagraph, introductory part
3. The Commission may
3. The Commission may
3.
Where necessary to
3. Where necessary to achieve the
SE PRES proposes
decide to apply Union
decide to apply Union
achieve the objectives of
objectives of this Regulation, the
to agree (provided
response measures under
response measures under
this Regulation, the
Commission may decide to apply
that the linked
Articles 7 or 8 consisting of
Articles 7 or 8 consisting of
Commission may decide to
Union response measures under
provision in annex I
restrictions on foreign direct restrictions on foreign direct apply Union response
Articles 7 or 8 consisting of
remains as in the
investment or on trade in
investment or on trade in
measures under Articles 7 or
restrictions on foreign direct
Council mandate).
services also with regard to
services also with regard to
8 consisting of restrictions
investment or on trade in services
107
services supplied, or direct
services supplied, or direct
on foreign direct investment
also with regard to services
investments made, within
investments made, within the or on trade in services also
supplied, or direct investments
the Union by one or more
Union by one or more legal
with regard to services
made, within the Union by one or
legal persons established in
persons established in the
supplied, or direct
more legal persons established in
the Union and owned or
Union and owned or
investments made, within the
the Union and owned or controlled
controlled by persons of the
controlled by persons of the
Union by one or more legal
by persons of the third country
third country concerned
third country concerned
persons established in the
concerned. The Commission may
where necessary to achieve
where necessary to achieve
Union and owned or
decide on the application of such
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
the objectives of this
the objectives of this
controlled by persons of the
Union response measures where
Regulation. The
Regulation. The
third country concerned
not covering such situations would
Commission may decide on
Commission may decide on
where necessary to achieve
be insufficient to effectively
such application where
such application where
the objectives of this
achieve the objectives of this
Union response measures
Union response measures
Regulation. The Commission
Regulation, in particular where
the
not covering such situations
not covering such situations
may decide on such
the
effect of such measures could be
would be insufficient to
would be insufficient to
application where
of such
avoided
or circumvented by the
effectively achieve the
effectively achieve the
Union response measures
third country or the person
objectives of this
objectives of this Regulation,
where not covering such
concerned.
Regulation, in particular
in particular where
the effect situations would be
where such measures could
of such measures could be
insufficient to effectively
In assessing whether to adopt the
be avoided. In assessing
avoided
or circumvented. In achieve the objectives of this
decision referred to in the first
whether to adopt such a
assessing whether to adopt
Regulation, in particular
subparagraph, the Commission
decision the Commission
such a decision the
where such measures could
shall consider, in addition to the
shall consider, in addition to Commission shall consider,
be avoided.
by the third
criteria under paragraphs 1 and 2,
the criteria in paragraphs 1
in addition to the criteria in
country or the person
amongst other things:
and 2, amongst other things: paragraphs 1 and 2, amongst
concerned.
other things:
In assessing whether to
adopt such a decision
the
decision referred to in the
first subparagraph, the
Commission shall consider,
in addition to the criteria
in
under paragraphs 1 and 2,
amongst other things:
Article 9(3), first subparagraph, point (a)
(a) the patterns of trade in
(a) the patterns of trade in
(a) the patterns of trade in
(a) the patterns of trade in services SE PRES agrees
services and investment in
services and investment in
services and investment in
and investment in the sector
(Council mandate)
108
the sector targeted by the
the sector targeted by the
the sector targeted by the
targeted by the envisaged Union
envisaged Union response
envisaged Union response
envisaged Union response
response measures and the risk of
measures and the risk of
measures and the risk of
measures and the risk of
avoidance by the third country or
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
avoidance of any Union
avoidance of any Union
avoidance
by the third
the person concerned of any Union
response measures not
response measures not
country or the person
response measures not applying to
applying to services
applying to services
concerned of any Union
services supplied, or direct
supplied, or direct
supplied, or direct
response measures not
investments made, within the
investments made, within
investments made, within the applying to services
Union;
the Union;
Union;
supplied, or direct
investments made, within the
Union;
Article 9(3), first subparagraph, point (b)
(b) the effective
(b) the
possible effective
(b) the effective
(b) the
possible effective
SE PRES proposes
contribution of such intra-
contribution of such intra-
contribution of such intra-
contribution of such intra-Union
to agree.
Union restrictions to the
Union restrictions to the
Union restrictions
referred
restrictions referred to in the first
objective of obtaining the
objective of obtaining the
to in the first
subparagraph to the objective of
cessation of the measure of
cessation of the measure of
subparagraph to the
obtaining the cessation of
109
economic coercion;
economic coercion;
objective of obtaining the
economic coercion;
cessationto the objective of
obtaining the cessation of the
measure of economic
coercion;
Article 9(3), first subparagraph, point (c)
(c) the existence of
(c) the existence of
(c) the existence of
(c) the existence of alternative
alternative measures capable alternative measures capable alternative measures capable
measures capable of achieving the
of achieving the objective of of achieving the objective of of achieving the objective of
objective of obtaining the cessation
obtaining the cessation of
obtaining the cessation of the obtaining the cessation of the
of the measure of economic
G
110
the measure of economic
measure of economic
measure of economic
coercion that are reasonably
G
coercion that are reasonably
coercion that are reasonably
coercion that are reasonably
available and less restrictive of
available and less restrictive
available and less restrictive
available and less restrictive
trade in services or investment
of trade in services or
of trade in services or
of trade in services or
within the Union.
investment within the Union. investment within the Union. investment within the Union.
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2023 at 11h25 97/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 9(3), second subparagraph
Any decision to apply
Any decision to apply
Any decision to apply
Any decision to apply restrictions
SE PRES agrees
restrictions with regard to
restrictions with regard to
restrictions with regard to
with regard to services supplied, or (Council mandate).
services supplied, or direct
services supplied, or direct
services supplied, or direct
direct investments made, within the
investments made, within
investments made, within the investments made, within the
Union by one or more legal persons
the Union by one or more
Union by one or more legal
Union by one or more legal
established in the Union shall be
legal persons established in
persons established in the
persons established in the
duly justified in the implementing
the Union shall be duly
Union shall be duly justified Union shall be duly justified
act referred to in Article 7(1) and in
111
justified in the implementing in the implementing act
in the implementing act
Article 8(1) in light of the criteria
act referred to in paragraph 1 referred to in paragraph 1 of
referred to in paragraph 1
referred to in the third paragraph of
of Article 7 in light of the
Article 7 in light of the
of
Article 7(1) and in Article
this Article.
above criteria.
above criteria.
7
8(1) in light of the above
criteria
criteria referred to
in the third paragraph of
this Article.
Article 9(3), second subparagraph a
SE PRES agrees not
The Commission shall
to include EP
inform the European
proposal (Council
Parliament and the Council
mandate)
111a
about the criteria for
selecting and designing the
Union response measures.
Article 10
Article 10
Article 10
Article 10
Article 10
G
112
Amendment, suspension and Amendment, suspension and Amendment, suspension and
Amendment, suspension and
G
termination of Union
termination of Union
termination of Union
termination of Union response
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2023 at 11h25 98/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
response measures
response measures
response measures
measures
Article 10(1)
SE PRES proposes
1. The Commission shall
1. The Commission shall
1. The Commission shall
1. The Commission shall keep
to agree
keep under review the
keep under review the
keep under review the
under review the measures of
measures of economic
measures of economic
measures of economic
economic coercion deployed by a
coercion deployed by a third coercion deployed by a third coercion deployed by a third
third country that have triggered
country that have triggered
country that have triggered
country that have triggered
the Union response measures, the
the Union response
the Union response
the Union response
effectiveness of the Union response
measures, the effectiveness
measures, the effectiveness
measures, the effectiveness
measures adopted and their effects
113
of the Union response
of the Union response
of the Union response
on the Union’s interests and shall
measures adopted and their
measures adopted and their
measures adopted and their
keep the European Parliament and
effects on the Union’s
effects on the Union’s
effects on the Union’s
the Council
regularly informed
interests and shall keep the
interests and shall keep the
interests and shall keep the
thereof.
European Parliament and the European Parliament and the European Parliament and the
Council informed thereof.
Council
regularly informed
Council informed thereof.
thereof.
Article 10(2)
2. Where the third country
2. Where the third country
2. Where the third country
2. Where the third country
SE PRES proposes
concerned suspends the
concerned
entirely suspends
concerned suspends the
concerned
suspends the measures
to accept.
economic coercion, or where the economic coercion,
or
measures of economic
of economic coercion
, or where it
it is necessary in the Union’s
where it is necessary in the
coercion, or where it is
is necessary in the Union’s interest
interest, the Commission
Union’s interest, the
necessary in the Union’s
referred to in Article 7bis, the
114
may suspend the application Commission
mayshall
interest
referred to in
Commission shall suspend the
of the respective Union
suspend the application of
Article 7bis, the
application of the respective Union
response measure for the
the respective Union
Commission may
shall
response measure for the duration
duration of the third
response measure for the
suspend the application of
of the suspension of the measures
country’s suspension, or as
duration of the third
the respective Union
of economic coercion by the third
long as necessary in light of
country’s suspension
, or
,
response measure for the
country
, or concerned or for as
the Union’s interest. The
where it is as long as
duration of the
suspension
long as necessary in light of the
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2023 at 11h25 99/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Commission shall suspend
necessary in
light of the
of the measures of
Union’s interest
determination
the Union response measures Union’s interest
, the
economic coercion by the
pursuant to Article 7bis.
if the third country
Commission may suspend
third country’s suspension,
concerned has offered, and
the application of Unions
or as long as necessary in
the Union has concluded, an
response measures for as
light of the Union’s interest.
Where the third country concerned
agreement to submit the
long as necessary. The
The Commission shall
has offered, and the Union or the
matter to binding
Commission shall suspend
suspend the Union response
Member State concerned has
international third-party
the Union response measures measures if
concluded, an agreement to submit
adjudication and the third
if the third country
the matter to binding international
country is also suspending
concerned has offered, and
Where the third country
third-party adjudication and the
its measures of economic
the Union has concluded, an concerned has offered, and
third country also suspends its
coercion. The Commission
agreement to submit the
the Union
or the Member
measures of economic coercion ,
shall, by means of an
matter to binding
State concerned has
the Commission shall suspend the
implementing act, decide to
international third-party
concluded, an agreement to
Union response measures for the
suspend the Union response
adjudication
as referred to
submit the matter to binding
duration of the proceedings.
measure. These
in Article 5 and if and the
international third-party
implementing acts shall be
third country
is also
adjudication and the third
adopted in accordance with
suspendinghas also
country is also suspending
The Commission shall, by means
the examination procedure
discontinued its measures of
also suspends its measures
of an implementing act
, adopted in
referred to in Article 15(2).
economic coercion
and
of economic coercion.
, the
accordance with the examination
commits to support and
Commission shall, by means
procedure referred to in Article
abide by the third-party
of an implementing act,
15(2), decide to suspend the Union
adjudication. The
decide to suspend the Union
response measure under this
Commission shall, by means response measure. These
paragraph.
of an implementing act,
implementing acts shall be
decide to suspend the Union
suspend the Union
response measure. These
response measures for the
implementing acts shall be
duration of the
adopted in accordance with
proceedings.
the examination procedure
referred to in Article 15(2).
The Commission shall, by
means of an implementing
act adopted in accordance
with the examination
procedure referred to in
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2023 at 11h25 100/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 15(2)
, decide to
suspend the Union
response measure under
this paragraph.
Article 10(3)
3. Where it is necessary to
3. Where it is necessary to
3. Where it is necessary to
3. Where it is necessary to make
SE PRES proposes
make adjustments to Union
make adjustments to Union
make adjustments to Union
adjustments to Union response
to accept.
response measures taking
response measures taking
response measures taking
measures taking into account the
into account the conditions
into account the conditions
into account the conditions
conditions and criteria laid down in
and criteria laid down in
and criteria laid down in
and criteria laid down in
Article 2 and paragraphsArticles 2
Articles 2 and 9(2), or
Articles 2 and 9(2), or
Articles
Article 2 and
and
3 of Article 9, or further
further developments,
further developments,
paragraphs 2 and 9(2)
3 of
developments, including the third
including the third country’s including the third country’s
Article 9, or further
country’s reaction, the Commission
reaction, the Commission
reaction, the Commission
developments, including the
mayshall, as appropriate,
amend
115
may, as appropriate, amend
mayshall, as appropriate,
third country’s reaction, the
Union response measures adopted
Union response measures
swiftly amend Union
Commission may, as
in accordance with
ArticlesArticle
adopted in accordance with
response measures adopted
appropriate, amend Union
7 and 8, by means of an
Article 7, by means of an
in accordance with Article 7, response measures adopted
implementing act, in accordance
implementing act, in
by means of an
in accordance with Article
with the examination procedure
accordance with the
implementing act, in
7
Articles 7 and 8, by means
referred to in Article 15(2).
examination procedure
accordance with the
of an implementing act, in
referred to in Article 15(2).
examination procedure
accordance with the
referred to in Article 15(2).
examination procedure
referred to in Article 15(2).
Article 10(4), first subparagraph, introductory part
4. The Commission shall
4. The Commission shall
4. The Commission shall
4. The Commission shall terminate
G
116
terminate Union response
terminate Union response
terminate Union response
Union response measures under
G
measures under any of the
measures under any of the
measures under any of the
any of the following circumstances:
following circumstances:
following circumstances:
following circumstances:
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2023 at 11h25 101/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 10(4), first subparagraph, point (a)
(a) where the economic
(a) where the economic
(a) where the economic
(a) where the economic coercion
SE PRES proposes
coercion has ceased;
coercion has ceased
and the
coercion has ceased;
has ceased
and the injury caused
not to accept
117
injury caused has been
has been repaired, where
repaired;
requested;
Article 10(4), first subparagraph, point (aa)
(abis) where the third country has SE PRES proposes
ceased the economic coercion but
not to accept
has not repaired in full the injury
(discussed in WPTQ
as requested, but it is nevertheless
18 January)
appropriate to terminate the
Union response measures. The
consideration of whether it is
appropriate to terminate the
Union response measures shall be
based on the nature and extent of
the damage caused and all other
117a
circumstances of the particular
case. Specifically, the decision
shall be guided by the overall
relationship with the third country
concerned, other aspects of Union
interest, including the desirability
for Union persons having suffered
damage to have that damage
repaired, and the general
obligation under customary
international law to make full
reparation for the injury caused
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2023 at 11h25 102/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
through an internationally
wrongful act;
Article 10(4), first subparagraph, point (b)
(b) where a mutually agreed (b) where a mutually agreed (b) where a mutually agreed
(b) where a mutually agreed
G
118
solution has otherwise been
solution has otherwise been
solution has otherwise been
solution has otherwise been
G
reached;
reached;
reached;
reached;
Article 10(4), first subparagraph, point (c)
(c) where a binding decision (c) where a binding decision (c) where a binding decision
(c) where a binding decision in
SE PRES proposes
in international third-party
in international third-party
in international third-party
international third-party
not to accept (added
adjudication in a dispute
adjudication in a dispute
adjudication in a dispute
adjudication in a dispute between
compromise text not
between the third country
between the third country
between the third country
the third country concerned
on the
in the EP mandate
concerned and the Union or
concerned and the Union or
concerned and the Union or
issue of the economic coercion
but added by the
119
a Member State requires the
a Member State requires the
a Member State requires the
and the Union or a Member State
COM)
withdrawal of the Union
withdrawal of the Union
withdrawal of the Union
requires the withdrawal of the
response measure;
response measure
provided
response measure;
Union response measure
;
or
that the third country has
taken concrete steps to
implement the decision;
or
Article 10(4), first subparagraph, point (d)
(d) where it is appropriate in (d) where it is appropriate in (d) where it is appropriate in
(d) where it is appropriate in light
SE PRES proposes
light of the Union’s interest.
light of the Union’s interest.
light of the Union’s interest
of the Union’s interest
referred to
to accept
120
referred to in Article 7bis.
inas determined pursuant to
Article 7bis.
Article 10(4), second subparagraph
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2023 at 11h25 103/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
The termination of Union
The termination of Union
The termination of Union
The termination of Union response SE PRES proposes
response measures adopted
response measures adopted
response measures adopted
measures adopted in accordance
to agree (Council
in accordance with Article 7 in accordance with Article 7
in accordance with Article
with Articles 7 and 8 shall be
Mandate).
shall be decided, by means
shall be decided, by means
7
Articles 7 and 8 shall be
decided, by means of an
121
of an implementing act, in
of an implementing act, in
decided, by means of an
implementing act, in accordance
accordance with the
accordance with the
implementing act, in
with the examination procedure
examination procedure
examination procedure
accordance with the
referred to in Article 15(2).
referred to in Article 15(2).
referred to in Article 15(2).
examination procedure
referred to in Article 15(2).
Article 10(5)
5. On duly justified
5. On duly justified
5. On duly justified
5. On duly justified imperative
SE PRES proposes
imperative grounds of
imperative grounds of
imperative grounds of
grounds of urgency, such as
to agree (Council
urgency, the Commission
urgency, the Commission
urgency,
such as avoiding
avoiding irreparable damage to the
Mandate besides
shall adopt immediately
shall adopt immediately
irreparable damage to the
Union or a Member State or
removal of
applicable implementing
applicable implementing acts
Union or a Member State
continuing to ensure consistency
“
terminating”).
acts suspending, amending
suspending
, amending or
or continuing to ensure
with the Union’s obligations under
or terminating Union
terminating or amending
consistency with the
international law pursuant to the
response measures adopted
Union response measures
Union’s obligations under
suspension or cessation of
in accordance with Article 7. adopted in accordance with
international law pursuant
measures of economic coercion
Those implementing acts
Article 7. Those
to the suspension or
from the third country concerned,
122
shall be adopted in
implementing acts shall be
cessation of measures of
the Commission shall adopt
accordance with the
adopted in accordance with
economic coercion from
immediately applicable
procedure referred to in
the procedure referred to in
the third country
implementing acts suspending
,
Article 15(3) and they shall
Article 15(3) and they shall
concerned, the Commission
amending or terminating or
remain in force for a period
remain in force for a period
shall adopt immediately
amending Union response
not exceeding two months.
not exceeding two months
,
applicable implementing acts
measures adopted in accordance
after which an
suspending, amending or
with Articles 7 and 8. Those
implementing act referred
terminating Union response
implementing acts shall be adopted
to in paragraphs 2, 3 or 4
measures adopted in
in accordance with the procedure
may be adopted as
accordance with Article
referred to in Article 15(3) and they
appropriate. The
7
Articles 7 and 8. Those
shall remain in force for a period
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2023 at 11h25 104/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Commission shall keep the
implementing acts shall be
not exceeding two months.
European Parliament
adopted in accordance with
informed without delay
the procedure referred to in
about the decision and its
Article 15(3) and they shall
justification.
remain in force for a period
not exceeding two months.
Article 11
Article 11
Article 11
Article 11
Article 11
Information gathering
Information gathering
Information gathering
Information gathering related to
G
123
related to Union response
related to Union response
related to Union response
Union response measures
G
measures
measures
measures
Article 11(1)
1. Before the adoption of
1. Before the adoption of
1. Before the adoption of
1. Before the adoption or
SE PRES proposes
Union response measures or
Union response measures or
Union response measures or
amendment of Union response
to agree.
the amendment of such
the amendment of such
the
or amendment of
measures, the Commission shall,
measures, the Commission
measures, the Commission
such
Union response
and before the suspension or
shall, and before the
shall, and before the
measures, the Commission
termination of such measures,
suspension or termination of suspension or termination of shall, and before the
respectively, the Commission may,
such measures, respectively, such measures, respectively, suspension or termination of
seek information and views
the Commission may, seek
the Commission may, seek
such measures, respectively,
regarding the economic impact on
124
information and views
information and views
the Commission may, seek
Union economic operators
and
regarding the economic
regarding the economic
information and views
Union's interestas necessary,
impact on Union operators
impact on Union operators
regarding the economic
through a notice published in the
and Union's interest, through
and Union's interestas
impact on Union
economic
Official Journal of the European
a notice published in the
necessary, through a notice
operators and Union's
Union and, where appropriate,
Official Journal of the
published in the Official
interest, through a notice
through other suitable public
European Union or through
Journal of the European
published in the
Official
communication means. The notice
other suitable public
Union or through other
Journal of the European
shall indicate the period within
communication means. The
suitable public
Union and, where
which the input is to be submitted.
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2023 at 11h25 105/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
notice shall indicate the
communication means. The
appropriate,Official Journal
period within which the
notice shall indicate the
of the European Union or
input is to be submitted.
period within which the
through other suitable public
input is to be submitted.
communication means. The
notice shall indicate the
period within which the
input is to be submitted.
Article 11(2)
2. The Commission may
2. The Commission may
2. The Commission may
2. The Commission may start the
start the information
start the information
start the information
information gathering at any time it
G
125
gathering at any time it
gathering at any time it
gathering at any time it
deems appropriate.
G
deems appropriate.
deems appropriate.
deems appropriate.
Article 11(3)
3. In conducting the
3. In conducting the
3. In conducting the
3. In conducting the information
SE PRES proposes
information gathering under
information gathering under
information gathering under
gathering under paragraph 1, the
to agree.
paragraph 1, the
paragraph 1, the
paragraph 1, the
Commission shall inform and
Commission shall inform
Commission shall inform
Commission shall inform
consult stakeholders, in particular
and consult stakeholders, in
and consult stakeholders, in
and consult stakeholders, in
associations acting on behalf of
particular industry
particular industry
particular industry
Union economic operators
and
associations, affected by
associations
and Union
associations
associations
Union social partners, affected by
126
possible Union response
social partners, affected by
acting on behalf of Union
possible Union response measures,
measures, and Member
possible Union response
economic operators,
and Member States' authorities
States involved in the
measures, and Member
affected by possible Union
involved in the preparation or
preparation or
States involved in the
response measures, and
implementation of legislation
implementation of
preparation or
Member States
' authorities
regulating the affected fields.
legislation regulating the
implementation of
involved in the preparation
affected fields.
legislation regulating the
or implementation of
affected fields.
legislation regulating the
affected fields.
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2023 at 11h25 106/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 11(4), introductory part
4. Without unduly delaying
4. Without unduly delaying
4. Without unduly delaying
4. Without unduly delaying the
SE PRES agrees
the adoption of Union
the adoption of Union
the adoption of Union
adoption of Union response
(Council mandate)
response measures, the
response measures, the
response measures, the
measures, the Commission shall
Commission shall, in
Commission shall, in
Commission shall
identify
identify possible options for Union
127
particular, seek information
particular, seek information
possible options for Union
response measures and, in
on:
on:
response measures and, in
particular, seek information and
particular, seek information
views on:
and views on:
Article 11(4), point (a)
(a) the impact of such
(a) the impact of such
(a) the impact of such
(a) the impact of such measures on SE PRES agrees
measures on third-country
measures on third-country
measures on third-country
third-country actors or Union
(Council mandate)
actors or Union competitors, actors or Union competitors, actors or Union
economic
economic operators’ competitors,
users or consumers or on
users or consumers or on
operators’ competitors,
users or consumers or on Union
128
Union employees, business
Union employees, business
users or consumers or on
employees, business partners or
partners or clients of such
partners or clients of such
Union employees, business
clients of such actors;
actors;
actors;
partners or clients of such
actors;
Article 11(4), point (b)
(b) the interaction of such
(b) the interaction of such
(b) the interaction of such
(b) the interaction of such
SE PRES agrees
measures with relevant
measures with relevant
measures with relevant
measures with relevant Member
(Council mandate).
129
Member State legislation;
Union and Member State
Member State legislation;
State legislation;
legislation;
Article 11(4), point (c)
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2023 at 11h25 107/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
(c) the administrative
(c) the administrative
(c) the administrative
(c) the administrative burden
burden which may be
burden which may be
burden which may be
which may be occasioned by such
G
130
occasioned by such
occasioned by such
occasioned by such
measures;
G
measures;
measures;
measures;
Article 11(4), point (d)
(d) the Union’s interest.
(d) the
Union’s
(d) the Union’s interest
(d) the Union
’s interest referred to SE PRES agrees
interesteffect of such
referred to in Article 7bis.
in Article 7bis.
(Council mandate).
measures on diminishing
131
the negative impact of the
third country’s coercive
measures.
Article 11(5)
5. The Commission shall
5. The Commission shall
5. The Commission shall
5. The Commission shall take
SE PRES proposes
take utmost account of the
take utmost account of the
take utmost account of the
utmost account of the information
to agree.
information gathered during
information gathered during
information gathered during
gathered during the information
the information gathering
the information gathering
the information gathering
gathering exercise. An analysis of
exercise. An analysis of the
exercise. An analysis of the
exercise. An analysis of the
the envisaged measures
and their
envisaged measures shall
envisaged measures
and
envisaged measures shall
potential impacts shall accompany
accompany the draft
their potential impacts shall accompany the draft
the draft implementing act when
132
implementing act when
accompany the draft
implementing act when
submitted to the committee in the
submitted to the committee
implementing act when
submitted to the committee
context of the examination
in the context of the
submitted to the committee
in the context of the
procedure referred to in Article
examination procedure
in the context of the
examination procedure
15(2). That analysis shall include a
referred to in Article 15(2).
examination procedure
referred to in Article 15(2).
thorough assessment of impact on
referred to in Article 15(2).
That analysis shall include
both upstream and downstream
The Commission shall
a thorough assessment of
industries and final consumers
inform the European
impact on both upstream
within the Union and, if relevant,
Parliament of such analysis and downstream industries
point out any potential
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2023 at 11h25 108/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
in accordance with Article
and final consumers within
disproportionate effects.
10 of Regulation (EU) No
the Union and, if relevant,
182/2011.
point out any potential
disproportionate effects.
Article 11(6)
6. Prior to the adoption of
6.
The Commission shall
6. Prior to the adoption of
6.
Prior to the adoption of an
SE PRES proposes
an implementing act in
seek information and views
an implementing act in
implementing act in accordance
to agree.
accordance with Article 7(6)
from relevant stakeholders
accordance with Article 7(6)
with Article 10(5), the Commission
or Article 10(5), the
especially the economic
or
Article 10(5), the
shall seek information and views
Commission shall seek
operators affected by the
Commission shall seek
from relevant stakeholders in a
information and views from
economic coercion, as a
information and views from
targeted mannerThe Commission
relevant stakeholders in a
general principle prior to the relevant stakeholders in a
shall seek information and views
targeted manner, unless the
adoption of an implementing targeted manner, unless the
in a targeted manner from
imperative grounds of
act in accordance with
imperative grounds of
relevant stakeholders prior to the
urgency are such that
Article 7(6) or Article 10(5), urgency are such that
adoption of an implementing act
information seeking and
the Commission shall seek
information seeking and
in accordance with Article 10(5),
consultations are not
information and views from
consultations are not
unless the
exceptional situation of
133
possible or not needed for
relevant stakeholders in a
possible or not needed for
imperative grounds of urgency are
objective reasons, for
targeted manner, unless
objective reasons, for
such that information seeking and
instance to ensure
theunless the exceptional
instance to ensure
consultations are not possible or
compliance with
situation of imperative
compliance with
not needed for objective reasons,
international obligations of
grounds of urgency are such
international obligations of
for instance to ensure compliance
the Union.
that information seeking and the Union.
with international obligations of the
consultations are not
Union.
possible or not needed for
objective reasons, for
instance to ensure
compliance with
international obligations of
the Union.
Article 11a
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
SE PRES proposes
Article 11a
Article 11a
to agree. Also see
The Chief Trade
Single contact point
suggested language
Enforcement Officer
in corresponding
The Chief Trade
There shall be a single contact
recital, line 28a.
Enforcement Officer
point within the Commission in
(CTEO) shall be responsible
relation to the implementation of
for the implementation of
this Regulation and its
this Regulation and its
coordination with other tools
coordination with other
related to anti-coercion policy
tools related to anti-
such as the Blocking Statute1a.
coercion such as the
Blocking Statute1a. For the
For the purposes of this
purposes of this Regulation,
Regulation, the Commission shall:
the CTEO shall:
(a) gather information and
(a) gather information
provide cost and data analyses
and provide cost and data
with a view to determining the
133a
analyses with a view to
nature of economic coercion
determining the nature of
measures;
economic coercion
(b) act, in full compliance with
measures;
the principle of confidentiality, as
(b) act, in full
the main contact point for EU
compliance with the
businesses and private sector
principle of confidentiality,
stakeholders affected by economic
as the main contact point
coercion measures, including with
for EU businesses and
regard to assistance to be provided
private sector stakeholders
in the context of ongoing
affected by economic
economic coercion;
coercion measures,
__________________
including with regard to
1a Council Regulation (EC) No
assistance to be provided in
2271/96 of 22 November 1996
the context of ongoing
protecting against the effects of
economic coercion;
the extra-territorial application of
__________________
legislation adopted by a third
1a Council Regulation
country, and actions based
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
(EC) No 2271/96 of 22
thereon or resulting therefrom
November 1996 protecting
(OJ L 309, 29.11.1996, p. 1.) (57).]
against the effects of the
extra-territorial application
of legislation adopted by a
third country, and actions
based thereon or resulting
therefrom (OJ L 309,
29.11.1996, p. 1.) (57).
Article 12
Article 12
Article 12
Article 12
Article 12
G
134
Confidentiality
Confidentiality
Confidentiality
Confidentiality
G
Article 12(1)
SE PRES proposes
1. Information received
1. Information received
1. Information received
1. Information received pursuant
to agree
pursuant to this Regulation
pursuant to this Regulation
pursuant to this Regulation
to this Regulation shall be used
shall be used only for the
shall be used only for the
shall be used only for the
only for the purpose for which it
135
purpose for which it was
purpose for which it was
purpose for which it was
was
supplied, requested
, or
requested.
supplied, requested
, or
requested.
obtained.
obtained.
Article 12(2)
SE PRES proposes
2. The supplier of
2. The supplier of
2. The supplier of
2. The supplier of information may to agree
information may request that information may request that information may request
request such information be treated
136
information supplied be
information supplied be
that
such information
as confidential. In such cases, it
treated as confidential. In
treated as confidential. In
supplied be treated as
shall be accompanied by a non-
such cases, it shall be
such cases, it shall be
confidential. In such cases, it
confidential
but meaningful
accompanied by a non-
accompanied by a non-
shall be accompanied by a
summary of the information
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
confidential summary or a
confidential
but meaningful non-confidential summary
of
concerned or a statement of the
statement of the reasons why summary or a statement of
the information concerned
reasons explaining why the
the information cannot be
the reasons why the
or a statement of the reasons
information concerned cannot be
summarised. The
information cannot be
explaining why the
summarised. The Commission, the
Commission, the Council,
summarised. The
information
concerned
Council, the European Parliament,
the European Parliament,
Commission, the Council,
cannot be summarised. The
Member States or their officials
Member States or their
the European Parliament,
Commission, the Council,
shall not reveal any information of
officials shall not reveal any Member States or their
the European Parliament,
a confidential nature received
information of a confidential officials
shall not revealare
Member States or their
pursuant to this Regulation,
nature received pursuant to
prohibited from revealing
officials shall not reveal any
without specific permission from
this Regulation, without
any information of a
information of a confidential
the supplier of such information.
specific permission from the confidential nature received
nature received pursuant to
supplier of such information. pursuant to this Regulation,
this Regulation, without
without specific permission
specific permission from the
from the supplier of such
supplier of such information.
information.
Article 12(3)
SE PRES proposes
3. Paragraph 2 shall not
3. Paragraph 2 shall not
3. Paragraph 2 shall not
3. Paragraph 2 shall not preclude
to agree
preclude the Commission to
preclude the Commission to
preclude the Commission to
the Commission from disclosing
disclose general information disclose general information disclose
from disclosing
general information in summary
Point 4 moved from
in a summary form, which
in a summary
but
general information in a
but meaningful form, provided
line 151b, identical
does not contain information
meaningful form, which
summary form,
that such disclosure does not
with Council
allowing to identify the
does not contain information which
provided that such
contain information allowing the
mandate.
supplier of the information.
allowing to identify the
disclosure does not contain
identity of the supplier of the
137
Such disclosure shall take
supplier of the information.
information allowing to
information to be known. Such
into account the legitimate
Such disclosure shall take
identify
the identity of the
disclosure shall take into account
interest of the parties
into account the legitimate
supplier of the information
the legitimate interest of the parties
concerned in not having
interest of the parties
to be known. Such
concerned in not having
confidential information
concerned in not having
disclosure shall take into
confidential information disclosed.
disclosed.
confidential information
account the legitimate
disclosed.
interest of the parties
4. Member States officials
concerned in not having
obtaining information under this
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
confidential information
Regulation shall be subject to a
disclosed.
duty of professional secrecy with
regard to any confidential
information which has come to
their knowledge in the course of
the performance of their official
duties. A secure and encrypted
system shall be provided by the
Commission to support direct
cooperation and exchange of
information with Member States
officials.
Article 13
Article 13
Article 13
Article 13
Article 13
138
Rules of origin
Rules of origin
Rules of origin
and
Rules of origin and nationality
nationality
Article 13(1)
1. The origin or nationality
1. The origin or nationality
1. The origin or nationality
1. The origin or nationality of a
of a good, service, service
of a good, service, service
of a good, service, service
good, service, service provider,
provider, investment or
provider, investment or
provider, investment or
investment or intellectual property
G
139
intellectual property
intellectual property
intellectual property
rightholder shall be determined in
G
rightholder shall be
rightholder shall be
rightholder shall be
accordance with Annex II.
determined in accordance
determined in accordance
determined in accordance
with Annex II.
with Annex II.
with Annex II.
Article 13(2)
140
2. The Commission is
2. The Commission is
2. The Commission is
2. The Commission is empowered
SE PRES proposes
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
empowered to adopt
empowered to adopt
empowered to adopt
to adopt delegated acts in
- not to agree with
delegated acts in accordance delegated acts in accordance delegated acts in accordance
accordance with Article 14 to
reinserting point 4
with Article 14 to amend
with Article 14 to amend
with Article 14 to
supplement or amend points 2
to
with reference to the
points 2 to 4 of Annex II in
points 2 to 4 of Annex II in
supplement or amend points
4 and 3 of Annex II
to take
term national under
order to amend the rules of
order to amend the rules of
2 to 4
and 3 of Annex II in
account of relevant developments
TRIPS
origin and add any other
origin and add any other
order to amend the rules of
in international instruments
. and
- not to agree with
technical rules necessary for technical rules necessary for origin and add any other
experience in the application of
reinserting the text
the application of the
the application of the
technical rules necessary for
measures under this Regulation or following “…and
Regulation, to ensure its
Regulation, to ensure its
the application of the
other Union acts under this
experience in…”
effectiveness and to take
effectiveness and to take
Regulation, to ensure its
Regulation or other Union acts.
and asks the COM to
account of relevant
account of relevant
effectiveness and
to take
explain. Cf line 30.
developments in
developments in
account of relevant
international instruments and international instruments and developments in
MS views are
experience in the application experience in the application international instruments and
welcome
of measures under this
of measures under this
experience in the application
Regulation or other Union
Regulation or other Union
of measures under this
acts.
acts.
Regulation or other Union
acts.
.
Article 14
Article 14
Article 14
Article 14
Article 14
G
141
Delegated Acts
Delegated Acts
Delegated Acts
Delegated Acts
G
Article 14(1)
1. The power to adopt
1. The power to adopt
1. The power to adopt
1. The power to adopt delegated
delegated acts is conferred
delegated acts is conferred
delegated acts is conferred
acts is conferred on the
G
142
on the Commission subject
on the Commission subject
on the Commission subject
Commission subject to the
G
to the conditions laid down
to the conditions laid down
to the conditions laid down
conditions laid down in this
in this Article.
in this Article.
in this Article.
Article.
Article 14(2)
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
2. The power to adopt
2. The power to adopt
2. The power to adopt
2. The power to adopt delegated
SE PRES agrees
delegated acts referred to in
delegated acts referred to in
delegated acts referred to in
acts referred to in Article 13(2)
(Council mandate)
Articles 7(7) and 13(2) shall Articles 7(7) and 13(2) shall
Articles 7(7) and
Article
shall be conferred on the
be conferred on the
be conferred on the
13(2) shall be conferred on
Commission for a period of five
Commission for an
Commission for an
the Commission for an
years from
the [date of entry into
indeterminate period of time indeterminate period of time indeterminate
a period of
force of this Regulation
]. Such
from [date of entry into
from [date of entry into
time
five years from [date of
delegation of power shall be tacitly
force].
force].
entry into force
of this
extended for periods of an identical
Regulation].
Such
duration unless the European
143
delegation of power shall
Parliament or the Council opposes
be tacitly extended for
such extension not later than three
periods of an identical
months before the end of each
duration unless the
period.
European Parliament or
the Council opposes such
extension not later than
three months before the
end of each period.
Article 14(3)
3. The delegation of power
3. The delegation of power
3. The delegation of power
3. The delegation of power
SE PRES agrees
referred to in Articles 7(7)
referred to in Articles 7(7)
referred to in Articles 7(7)
referred to in Article 13(2) may be
(Council mandate)
and 13(2) may be revoked at and 13(2) may be revoked at and
Article 13(2) may be
revoked at any time by the
any time by the European
any time by the European
revoked at any time by the
European Parliament or by the
Parliament or by the
Parliament or by the
European Parliament or by
Council. A decision to revoke shall
144
Council. A decision to
Council. A decision to
the Council. A decision to
put an end to the delegation of the
revoke shall put an end to
revoke shall put an end to
revoke shall put an end to
power specified in that decision. It
the delegation of the power
the delegation of the power
the delegation of the power
shall take effect the day following
specified in that decision. It
specified in that decision. It
specified in that decision. It
the publication of the decision in
shall take effect the day
shall take effect the day
shall take effect the day
the Official Journal of the
following the publication of
following the publication of
following the publication of
European Union or at a later date
the decision in the Official
the decision in the Official
the decision in the Official
specified therein. It shall not affect
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Journal of the European
Journal of the European
Journal of the European
the validity of any delegated acts
Union or at a later date
Union or at a later date
Union or at a later date
already in force.
specified therein. It shall not specified therein. It shall not specified therein. It shall not
affect the validity of any
affect the validity of any
affect the validity of any
delegated acts already in
delegated acts already in
delegated acts already in
force.
force.
force.
Article 14(4)
4. Before adopting a
4. Before adopting a
4. Before adopting a
4. Before adopting a delegated act,
delegated act, the
delegated act, the
delegated act, the
the Commission shall consult
Commission shall consult
Commission shall consult
Commission shall consult
experts designated by each
experts designated by each
experts designated by each
experts designated by each
Member State in accordance with
G
145
Member State in accordance Member State in accordance Member State in accordance
the principles laid down in the
G
with the principles laid down with the principles laid down with the principles laid down
Interinstitutional Agreement on
in the Interinstitutional
in the Interinstitutional
in the Interinstitutional
Better Law-Making of 13 April
Agreement on Better Law-
Agreement on Better Law-
Agreement on Better Law-
2016.
Making of 13 April 2016.
Making of 13 April 2016.
Making of 13 April 2016.
Article 14(5), first subparagraph
5. As soon as it adopts a
5. As soon as it adopts a
5. As soon as it adopts a
5. As soon as it adopts a delegated
delegated act, the
delegated act, the
delegated act, the
act, the Commission shall notify it
Commission shall notify it
Commission shall notify it
Commission shall notify it
simultaneously to the European
G
146
simultaneously to the
simultaneously to the
simultaneously to the
Parliament and to the Council.
G
European Parliament and to
European Parliament and to
European Parliament and to
the Council.
the Council.
the Council.
Article 14(5), second subparagraph
147
A delegated act adopted
A delegated act adopted
A delegated act adopted
A delegated act adopted pursuant
SE PRES agrees
pursuant to Articles 7(7) and pursuant to Articles 7(7) and pursuant to Articles 7(7)
to Article 13(2) shall enter into
(Council mandate)
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
13(2) shall enter into force
13(2) shall enter into force
and
Article 13(2) shall enter
force only if no objection has been
only if no objection has been only if no objection has been into force only if no
expressed either by the European
expressed either by the
expressed either by the
objection has been expressed
Parliament or by the Council
European Parliament or by
European Parliament or by
either by the European
within a period of two months of
the Council within a period
the Council within a period
Parliament or by the Council
notification of that act to the
of two months of
of two months of notification within a period of two
European Parliament and the
notification of that act to the of that act to the European
months of notification of that
Council or if, before the expiry of
European Parliament and the Parliament and the Council
act to the European
that period, the European
Council or if, before the
or if, before the expiry of
Parliament and the Council
Parliament and the Council have
expiry of that period, the
that period, the European
or if, before the expiry of
both informed the Commission that
European Parliament and the Parliament and the Council
that period, the European
they will not object. That period
Council have both informed
have both informed the
Parliament and the Council
shall be extended by two months at
the Commission that they
Commission that they will
have both informed the
the initiative of the European
will not object. That period
not object. That period shall
Commission that they will
Parliament or of the Council.
shall be extended by two
be extended by two months
not object. That period shall
months at the initiative of
at the initiative of the
be extended by two months
the European Parliament or
European Parliament or of
at the initiative of the
of the Council.
the Council.
European Parliament or of
the Council.
Article 15
Article 15
Article 15
Article 15
Article 15
G
148
Committee procedure
Committee procedure
Committee procedure
Committee procedure
G
Article 15(1)
1. The Commission shall be 1. The Commission shall be 1. The Commission shall be
1. The Commission shall be
assisted by a Committee.
assisted by a Committee.
assisted by a Committee.
assisted by a Committee. That
G
149
That committee shall be a
That committee shall be a
That committee shall be a
committee shall be a committee
G
committee within the
committee within the
committee within the
within the meaning of Article 3 of
meaning of Article 3 of
meaning of Article 3 of
meaning of Article 3 of
Regulation (EU) No 182/2011.
Regulation (EU) No
Regulation (EU) No
Regulation (EU) No
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
182/2011.
182/2011.
182/2011.
Article 15(2)
2. Where reference is made
2. Where reference is made
2. Where reference is made
2. Where reference is made to this
SE PRES proposes
to this paragraph, Article 5
to this paragraph, Article 5
to this paragraph, Article 5
paragraph, Article 5 of Regulation
to agree (Council
of Regulation (EU) No
of Regulation (EU) No
of Regulation (EU) No
(EU) No 182/2011 shall apply.
Mandate).
182/2011 shall apply.
182/2011 shall apply.
182/2011 shall apply.
Where the Committee delivers no
Where the Committee
opinion, the Commission shall not
delivers no opinion, the
adopt the draft implementing act
150
Commission shall not
and the third subparagraph of
adopt the draft
Article 5(4) of Regulation (EU) No
implementing act and the
182/2011 shall apply.
third subparagraph of
Article 5(4) of Regulation
(EU) No 182/2011 shall
apply.
Article 15(3)
3. Where reference is made
3. Where reference is made
3. Where reference is made
3. Where reference is made to this
to this paragraph, Article 8
to this paragraph, Article 8
to this paragraph, Article 8
paragraph, Article 8 of Regulation
of Regulation (EU) No
of Regulation (EU) No
of Regulation (EU) No
(EU) No 182/2011 in conjunction
G
151
182/2011 in conjunction
182/2011 in conjunction
182/2011 in conjunction
with Article 5 thereof, shall apply.
G
with Article 5 thereof, shall
with Article 5 thereof, shall
with Article 5 thereof, shall
apply.
apply.
apply.
Article 15a
151a
Article 15bis
--
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 15a(1)
SE PRES agrees
Member States officials
Member States officials obtaining with moving this
obtaining information
information under this Regulation
text to line 137
under this Regulation shall
shall be subject to a duty of
(Article 12,
be subject to a duty of
professional secrecy with regard to Confidentiality).
professional secrecy with
any confidential information which
regard to any confidential
has come to their knowledge in the
information which has
course of the performance of their
come to their knowledge in
official duties. A secure and
the course of the
encrypted system shall be provided
151b
performance of their
by the Commission to support
official duties. A secure
direct cooperation and exchange of
and encrypted system shall
information with Member States
be provided by the
officials.
Commission to support
direct cooperation and
exchange of information
with Member States
officials.
Article 16
Article 16
Article 16
Article 16
Article 16
SE PRES proposes
152
Review
Reporting and Review
Review
Reporting and Review
to agree
Article 16(1)
1. The Commission shall
1. The Commission shall
1. The Commission shall
1. The Commission shall
evaluate
SE PRES would
153
evaluate any Union response evaluate any Union response evaluate any Union response
any Union response measure
specifically request
measure adopted pursuant to measure adopted pursuant to measure adopted pursuant to
adopted pursuant to Articles 7 and
MS views on this,
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Article 7 six months after its Article 7 six months after its Article 7
Articles 7 and 8
8 six months after its termination,
and believes it
termination, taking into
termination, taking into
six months after its
taking into account stakeholder
requires further
account stakeholder input
account stakeholder input
,
termination, taking into
input and any other relevant
discussion with
and any other relevant
and information provided
account stakeholder input
information and shall report to the
COM and CLS.
information. The evaluation
by the European Parliament and any other relevant
European Parliament and the
report shall examine the
and the Council, and any
information. The
and shall
Council. In this evaluation the
SE PRES proposes
effectiveness and operation
other relevant information.
report to the European
Commission shall examine the
not to accept the last
of the Union response
The
Commission shall
Parliament and the
effectiveness and operation of the
part (
The reporting
measure, and draw possible
publish every year an
Council. In this evaluation
Union response measure, and,keep obligation may
conclusions for future
evaluation report
shall
report
the Commission shall
the European Parliament and the
include an
measures.
examinein which it
examine the effectiveness
Council informed, regularly and
exchange of views
examines the effectiveness
and operation of the Union
in a timely manner, of relevant
where appropriate
,
and operation of the Union
response measure, and
,
developments in the application of or requested by the
response measure, and draw
where appropriate, draw
this Regulation at the stage of
European
possible conclusions for
draw possible conclusions
examination [of any acts proposed Parliament or the
future measures.
The
for future
Union response
or adopted pursuant to Article 4],
Council. The
Commission shall present
measures
and the review of
engagement and international
European
such report to the European this regulation pursuant to
cooperation, and in the period
Parliament may
Parliament and the Council. paragraph 2.
during which Union response
express its views to
measures are in force. The
[the Council and]
reporting obligation may include
the Commission via
an exchange of views where
any appropriate
appropriate
, draw conclusions for
means.) at this stage.
future Union response measures
and the review of this regulation
pursuant to paragraph 2 or
requested by the European
Parliament or the Council. The
European Parliament may express
its views to [the Council and] the
Commission via any appropriate
means.
1. The Commission shall evaluate
any Union response measure
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
adopted pursuant to Article
s 7
and
8 six months after its termination,
taking into account stakeholder
input
, and information provided by
the European Parliament and the
Council, and any other relevant
information, and shall report to the
European Parliament and the
Council. In thi
s evaluation
reportthe Commission shall
examine the effectiveness and
operation of the Union response
measure, and, where appropriate,
draw conclusions for future Union
response measures and the review
of this regulation pursuant to
paragraph 2.
Article 16(2)
2. No later than three years
2. No later than three years
2. No later than three years
2. No later than three years after
SE PRES proposes
after the adoption of the first after the
adoption of the first after the adoption of the first
the adoption of the first
to agree with the
implementing act under this
implementing act underentry implementing act under this
implementing act under this
addition of a
Regulation or six years after
into force of this Regulation
, Regulation or six
five years
Regulation or
fivethree years after
reference to
the entry into force of this
and at the latest every four
after the
date of entry into
the
date of entry into force of this
Blocking Statute
Regulation, whichever is
years thereafter or six years force of this Regulation,
Regulation, whichever is earlier,
154
earlier, the Commission
after the entry into force of
whichever is earlier,
and
and every five years thereafter, the
SE PRES believes
shall review this Regulation
this Regulation, whichever is every five years thereafter,
Commission shall review this
three years of time
and its implementation and
earlier, the Commission
the Commission shall review
Regulation and its implementation
before a review is
shall report to the European
shall review this Regulation
this Regulation and its
and shall report to the European
short given that the
Parliament and the Council.
and its implementation
, in
implementation and shall
Parliament and the Council. In the
regulation is meant
particular, in ensuring
report to the European
course of such review, the
to be used only in
complementarity with the
Parliament and the Council.
Commission shall give particular
rare cases, but
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
review of the Blocking
In the course of such
consideration to any issues which
proposes to accept if
Statute and shall report to
review, the Commission
may arise as regards the
agreeable to COM.
the European Parliament and
shall give particular
relationship of this Regulation to
the Council
notably in the
consideration to any issues
other existing Union instruments
,
relevant reporting of the
which may arise as regards
such as the Blocking Statute.
Chief Trade Enforcement
the relationship of this
Officer.
Regulation to other
existing Union instruments.
Article 17
Article 17
Article 17
Article 17
Article 17
G
155
Entry into force
Entry into force
Entry into force
Entry into force
G
Article 17, first paragraph
This Regulation shall enter
This Regulation shall enter
This Regulation shall enter
This Regulation shall enter into
into force on the twentieth
into force on the twentieth
into force on the twentieth
force on the twentieth day
day following that of its
day following that of its
day following that of its
following that of its publication in
G
156
publication in the Official
publication in the Official
publication in the Official
the Official Journal of the
G
Journal of the European
Journal of the European
Journal of the European
European Union.
Union.
Union.
Union.
Article 17, second paragraph
This Regulation shall be
This Regulation shall be
This Regulation shall be
This Regulation shall be binding in
binding in its entirety and
binding in its entirety and
binding in its entirety and
its entirety and directly applicable
G
157
directly applicable in all
directly applicable in all
directly applicable in all
in all Member States.
G
Member States.
Member States.
Member States.
Formula
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SE PRES
Commission Proposal
EP Mandate
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G
158
Done at Brussels,
Done at Brussels,
Done at Brussels,
Done at Brussels,
G
Formula
G
159
For the European Parliament For the European Parliament For the European Parliament
For the European Parliament
G
Formula
G
160
The President
The President
The President
The President
G
Formula
G
161
For the Council
For the Council
For the Council
For the Council
G
Formula
G
162
The President
The President
The President
The President
G
Annex I, first heading
Union response measures
Union response measures
Union response measures
Union response measures pursuant
163
pursuant to Articles 7 and 8
pursuant to Articles 7 and 8
pursuant to Articles 7 and 8
to Articles 7 and 8
Annex I, first paragraph, introductory part
Measures which may be
Measures which may be
Measures which may be
Measures which may be adopted
164
adopted pursuant to Articles
adopted pursuant to Articles
adopted pursuant to Articles
pursuant to Articles 7 and 8 are:
7 and 8 are:
7 and 8 are:
7 and 8 are:
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Annex I, first paragraph, point (a)
(a) the suspension of any
(a) the suspension of any
(a) the suspension of
non-
(a) the non-performance of
tariff concessions, as
tariff concessions, as
performance of applicable
applicable international obligations
necessary, and the
necessary, and the
international obligations as
as regards any tariff concessions, as
imposition of new or
imposition of new or
regards any tariff
necessary, and the imposition of
increased customs duties,
increased customs duties,
concessions, as necessary,
new or increased customs duties,
including the re-
including the re-
and the imposition of new or
including the re-establishment of
establishment of customs
establishment of customs
increased customs duties,
customs duties at the most-
duties at the most-favoured-
duties at the most-favoured-
including the re-
favoured-nation level or the
nation level or the
nation level or the
establishment of customs
imposition of customs duties
165
imposition of customs duties imposition of customs duties duties at the most-favoured-
beyond the most-favoured-nation
beyond the most-favoured-
beyond the most-favoured-
nation level or the
level, or the introduction of any
nation level, or the
nation level, or the
imposition of customs duties
additional charge on the
introduction of any
introduction of any
beyond the most-favoured-
importation or exportation of
additional charge on the
additional charge on the
nation level, or the
goods;
importation or exportation of importation or exportation of introduction of any
goods;
goods;
additional charge on the
importation or exportation of
goods;
Annex I, first paragraph, point (b)
(b) the suspension of
(b) the suspension of
(b) the suspension
non-
(b) the non-performance of
applicable international
applicable international
performance of applicable
applicable international
obligations, as necessary,
obligations, as necessary,
international obligations, as
obligations, as necessary, and the
and the introduction or
and the introduction or
necessary, and the
introduction or increase of
166
increase of restrictions on
increase of restrictions on
introduction or increase of
restrictions on the importation or
the importation or
the importation or
restrictions on the
exportation of goods, whether
exportation of goods,
exportation of goods,
importation or exportation of
made effective through quotas,
whether made effective
whether made effective
goods, whether made
import or export licences or other
through quotas, import or
through quotas, import or
effective through quotas,
measures, or on the payment for
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
export licences or other
export licences or other
import or export licences or
goods;
measures, or on the payment measures, or on the payment other measures, or on the
for goods;
for goods;
payment for goods;
Annex I, first paragraph, point (c)
(c) the suspension of
(c) the suspension of
(c) the suspension
non-
(c) the non-performance of
applicable international
applicable international
performance of applicable
applicable international
obligations, as necessary,
obligations, as necessary,
international obligations, as
obligations, as necessary, and the
and the introduction of
and the introduction of
necessary, and the
introduction of restrictions on trade
restrictions on trade in goods restrictions on trade in goods introduction of restrictions
in goods made effective through
167
made effective through
made effective through
on trade in goods made
measures applying to transiting
measures applying to
measures applying to
effective through measures
goods or internal measures
transiting goods or internal
transiting goods or internal
applying to transiting goods
applying to goods.
measures applying to goods. measures applying to goods. or internal measures
applying to goods.
Annex I, first paragraph, point (d), introductory part
(d) the suspension of
(d) the suspension of
(d) the suspension
non-
(d) the non-performance of
applicable international
applicable international
performance of applicable
applicable international obligations
obligations concerning the
obligations concerning the
international obligations
concerning the right to participate
right to participate in tender
right to participate in tender
concerning the right to
in tender procedures in the area of
168
procedures in the area of
procedures in the area of
participate in tender
public procurement, as necessary,
public procurement, as
public procurement, as
procedures in the area of
and:
necessary, and:
necessary, and:
public procurement, as
necessary, and:
Annex I, first paragraph, point (d)(i)
169
(i) the exclusion from public (i) the exclusion from public (i) the exclusion from public
(i) the exclusion from public
procurement of goods,
procurement of goods,
procurement of goods,
procurement of goods, services or
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
services or suppliers of
services or suppliers of
services or suppliers of
suppliers of goods or services of
goods or services of the third goods or services of the third goods or services of the third
the third country concerned or the
country concerned or the
country concerned or the
country concerned or the
exclusion of tenders the total value
exclusion of tenders the total exclusion of tenders the total exclusion of tenders the total
of which is made up of more than
value of which is made up of value of which is made up of value of which is made up of
50 %a specified percentage of
more than a specified
more than a specified
more than a specified
goods or
services originating in
percentage of goods or
percentage of goods or
percentage
50 % of goods or
servicesoriginating in the third
services of the third country
services of the third country
services of
originating in
country concerned; and/or
concerned; and/or
concerned; and/or
the third country concerned;
and/or
Annex I, first paragraph, point (d)(ii)
(ii) the imposition of a
(ii) the imposition of a
(ii) the imposition of a
(ii) the imposition of a score
mandatory price evaluation
mandatory price evaluation
mandatory price evaluation
adjustment
11 on tenders of goods,
weighting penalty1 on
weighting penalty1 on
weighting penalty
score
services or suppliers of goods or
tenders of goods, services or tenders of goods, services or
adjustment1 on tenders of
services of the third country
suppliers of goods or
suppliers of goods or
goods, services or suppliers
concerned.
services of the third country
services of the third country
of goods or services of the
_________
concerned.
concerned.
third country concerned.
1.Score adjustment means an
_________
_________
_________
obligation for contracting
1. Mandatory price evaluation
1. Mandatory price evaluation
1. Mandatory price evaluation
authorities or entities conducting
weighting penalty means an
weighting penalty means an
weighting penalty
Score
public procurement procedures to
170
obligation for contracting
obligation for contracting
adjustment means an obligation
authorities or entities conducting
authorities or entities conducting
for contracting authorities or
increase relatively diminish,
public procurement procedures to
public procurement procedures to
entities conducting public
subject to certain exceptions, the
increase, subject to certain
increase, subject to certain
procurement procedures to increase
score of a tender resulting from its
exceptions, the price of goods or
exceptions, the price of goods or
relatively diminish, subject to
evaluation, on the basis of the
services falling under this
services falling under this
certain exceptions, the price of
contract award criteria defined in
paragraph that have been offered in paragraph that have been offered in goods or services falling under this
contract award procedures.
contract award procedures.
paragraph that have been offered in
the relevant public procurement
score of a tender resulting from
documents, by a given percentage.
its evaluation, on the basis of the
In cases where price or cost is the
contract award criteria defined
only contract award criterion, the
in the relevant public
procurement documents, by a
score adjustment means the
given percentage. In cases where
relative increase, for the purpose
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
price or cost is the only contract
of the evaluation of tenders, by a
award procedures
criterion, the
given percentage of the price
score adjustment means the
relative increase, for the purpose
offered by a tenderer.
of the evaluation of tenders, by a
_________
given percentage of the price
1.
Score adjustment means an obligation
offered by a tenderer.
for contracting authorities or entities
conducting public procurement procedures
to increase relatively diminish, subject to
certain exceptions, the score of a tender
resulting from its evaluation, on the basis
of the contract award criteria defined in
the relevant public procurement
documents, by a given percentage. In cases
where price or cost is the only contract
award criterion, the score adjustment
means the relative increase, for the
purpose of the evaluation of tenders, by a
given percentage of the price offered by a
tenderer.
Annex I, first paragraph, point (d), first paragraph
Origin shall be determined
Origin shall be determined
Origin shall be determined
Origin shall be determined on the
G
171
on the basis of Annex II;
on the basis of Annex II;
on the basis of Annex II;
basis of Annex II;
G
Annex I, first paragraph, point (e)
(e) the suspension of
(e) the suspension of
applicable international
applicable international
deleted
obligations, as necessary,
obligations, as necessary,
and the imposition of
and the imposition of
172
restrictions on the
restrictions on the
exportation of goods falling
exportation of goods falling
under the Union export
under the Union export
control regime;
control regime;
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Annex I, first paragraph, point (f)
(f) the suspension of
(f) the suspension of
(f) the suspension
non-
(f) the non-performance of
applicable international
applicable international
performance of applicable
applicable international obligations
obligations regarding trade
obligations regarding trade
international obligations
regarding trade in services, as
173
in services, as necessary, and in services, as necessary, and regarding trade in services,
necessary, and the imposition of
the imposition of measures
the imposition of measures
as necessary, and the
measures affecting trade in
affecting trade in services;
affecting trade in services;
imposition of measures
services;
affecting trade in services;
Annex I, first paragraph, point (g)
(g) the suspension of
(g) the suspension of
(g) the suspension
non-
(g) the non-performance of
applicable international
applicable international
performance of applicable
applicable international
obligations, as necessary,
obligations, as necessary,
international obligations, as
obligations, as necessary, and the
and the imposition of
and the imposition of
necessary, and the
imposition of measures affecting
174
measures affecting foreign
measures affecting foreign
imposition of measures
[the access of
] foreign direct
direct investment;
direct investment;
affecting
the access of
investment to the Union;
foreign direct investment
to
the Union;
Annex I, first paragraph, point (h)
(h) the suspension of
(h) the suspension of
(h) the suspension
non-
(h) the non-performance of
applicable international
applicable international
performance of applicable
applicable international obligations
obligations with respect to
obligations with respect to
international obligations
with respect to trade-related aspects
trade-related aspects of
trade-related aspects of
with respect to trade-related
of intellectual property rights
175
intellectual property rights,
intellectual property rights,
aspects of intellectual
[granted by a Union institution or
as necessary, and the
as necessary, and the
property rights
granted by a
agency and valid throughout the
imposition of restrictions on
imposition of restrictions on
Union institution or agency
Union,
] as necessary, and the
the protection of such
the protection of such
and valid throughout the
imposition of restrictions on the
intellectual property rights or intellectual property rights or
Union, as necessary, and the
protection of such intellectual
their commercial
their commercial
imposition of restrictions on
property rights or their commercial
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SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
exploitation, in relation to
exploitation, in relation to
the protection of such
exploitation, in relation to right-
right-holders who are
right-holders who are
intellectual property rights or
holders who are nationals of the
nationals of the third country nationals of the third country their commercial
third country concerned;
concerned;
concerned;
exploitation, in relation to
right-holders who are
nationals of the third country
concerned;
Annex I, first paragraph, point (i)
(i) the suspension of
(i) the suspension of
(i) the suspension
non-
(i) the non-performance of
applicable international
applicable international
performance of applicable
applicable international obligations
obligations with respect to
obligations with respect to
international obligations
with respect to financial services,
financial services, as
financial services, as
with respect to financial
as necessary, and the imposition of
necessary, and the
necessary, and the
services, as necessary, and
restrictions for banking, insurance,
176
imposition of restrictions for imposition of restrictions for the imposition of restrictions
access to Union capital markets
banking, insurance, access to banking, insurance, access to for banking, insurance,
and other financial service
Union capital markets and
Union capital markets and
access to Union capital
activities;
other financial service
other financial service
markets and other financial
activities;
activities;
service activities;
Annex I, first paragraph, point (j)
(j) the suspension of
(j) the suspension of
applicable international
applicable international
deleted
obligations with respect to
obligations with respect to
the treatment of goods, as
the treatment of goods, as
177
necessary, and the
necessary, and the
imposition of restrictions on
imposition of restrictions on
registrations and
registrations and
authorisations under the
authorisations under the
chemicals legislation of the
chemicals legislation of the
Union;
Union;
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SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Annex I, first paragraph, point (k)
(k) the suspension of
(k) the suspension of
applicable international
applicable international
deleted
obligations with respect to
obligations with respect to
the treatment of goods, as
the treatment of goods, as
necessary, and the
necessary, and the
178
imposition of restrictions on
imposition of restrictions on
registrations and
registrations and
authorisations related to the
authorisations related to the
sanitary and phytosanitary
sanitary and phytosanitary
legislation of the Union;
legislation of the Union;
Annex I, first paragraph, point (l)
(l) the suspension of
(l) the suspension of
applicable international
applicable international
deleted
obligations, as necessary,
obligations, as necessary,
and the imposition of
and the imposition of
179
restrictions on access to
restrictions on access to
Union-funded research
Union-funded research
programmes or exclusion
programmes or exclusion
from Union-funded research from Union-funded research
programmes.
programmes.
Annex II, first heading
Rules of Origin
Rules of Origin
Rules of Origin
and
Rules of Origin and Nationality
SE PRES agrees
180
Nationality
(Council mandate)
Annex II, point (1)
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SE PRES
Commission Proposal
EP Mandate
Council Mandate
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ASSESSMENT
Mandate)
1. The origin of a good shall 1. The origin of a good shall 1. The origin of a good shall
1. The origin of a good shall be
be determined in accordance be determined in accordance be determined in accordance
determined in accordance with
with Regulation (EU) No
with Regulation (EU) No
with Regulation (EU) No
Regulation (EU) No 952/2013 of
952/2013 of the European
952/2013 of the European
952/2013 of the European
the European Parliament and of the
Parliament and of the
Parliament and of the
Parliament and of the
Council.1
G
181
Council.1
Council.1
Council.1
_________
G
_________
_________
_________
1. Regulation (EU) No 952/2013 of the
1. Regulation (EU) No 952/2013 of 1. Regulation (EU) No 952/2013 of 1. Regulation (EU) No 952/2013 of
European Parliament and of the Council of
the European Parliament and of the
the European Parliament and of the
the European Parliament and of the
9 October 2013 laying down the Union
Council of 9 October 2013 laying
Council of 9 October 2013 laying
Council of 9 October 2013 laying
Customs Code (OJ L 269, 10.10.2013, p.
down the Union Customs Code (OJ down the Union Customs Code (OJ down the Union Customs Code (OJ
1).
L 269, 10.10.2013, p. 1).
L 269, 10.10.2013, p. 1).
L 269, 10.10.2013, p. 1).
Annex II, point (2), introductory part
2. The origin of a service,
2. The origin of a service,
2. The origin of a service,
2. The origin of a service,
SE PRES agrees
including a service supplied
including a service supplied
including a service supplied
including a service supplied in the
(Council mandate)
in the area of public
in the area of public
in the area of public
area of public procurement, shall
procurement, shall be
procurement, shall be
procurement, shall be
be determined on the basis of the
determined on the basis of
determined on the basis of
determined on the basis of
origin of the natural or legal person
182
the origin of the natural or
the origin of the natural or
the origin of the natural or
providing it. The nationality of the
legal person providing it.
legal person providing it.
legal person providing it.
service provider shall be deemed to
The origin of the service
The origin of the service
The origin
nationality of
be:
provider shall be deemed to
provider shall be deemed to
the service provider shall be
be:
be:
deemed to be:
Annex II, point (2)(a)
(a) in the case of a natural
(a) in the case of a natural
(a) in the case of a natural
(a) in the case of a natural person,
person, the country of which person, the country of which person, the country of which
the country of which the person is a
G
183
the person is a national or
the person is a national or
the person is a national or
national or where the person has a
G
where the person has a right
where the person has a right
where the person has a right
right of permanent residence;
of permanent residence;
of permanent residence;
of permanent residence;
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
Annex II, point (2)(b), introductory part
(b) in the case of a legal
(b) in the case of a legal
(b) in the case of a legal
(b) in the case of a legal person
G
184
person any of the following:
person any of the following:
person any of the following:
any of the following:
G
Annex II, point (2)(b)(i)
(i) if the service is provided (i) if the service is provided
(i) if the service is provided
(i) if the service is provided other
other than through a
other than through a
other than through a
than through a commercial
commercial presence within
commercial presence within
commercial presence within
presence within the Union, the
the Union, the country where the Union, the country where the Union, the country where
country where the legal person is
the legal person is
the legal person is
the legal person is
constituted or otherwise organised
constituted or otherwise
constituted or otherwise
constituted or otherwise
under the laws of that country and
G
185
organised under the laws of
organised under the laws of
organised under the laws of
in the territory of which the legal
G
that country and in the
that country and in the
that country and in the
person is engaged in substantive
territory of which the legal
territory of which the legal
territory of which the legal
business operations;
person is engaged in
person is engaged in
person is engaged in
substantive business
substantive business
substantive business
operations;
operations;
operations;
Annex II, point (2)(b)(ii), introductory part
(ii) if the service is provided (ii) if the service is provided (ii) if the service is provided
(ii) if the service is provided
G
186
through a commercial
through a commercial
through a commercial
through a commercial presence
G
presence within the Union,
presence within the Union,
presence within the Union,
within the Union,
Annex II, point (2)(b)(ii)(a)
G
187
(a) if the legal person is
(a) if the legal person is
(a) if the legal person is
(a) if the legal person is engaged in
G
engaged in substantive
engaged in substantive
engaged in substantive
substantive business operations in
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
business operations in the
business operations in the
business operations in the
the territory of the Member State
territory of the Member
territory of the Member State territory of the Member State
where the legal person is
State where the legal person
where the legal person is
where the legal person is
established such that it has a direct
is established such that it has established such that it has a established such that it has a
and effective link with the
a direct and effective link
direct and effective link with direct and effective link with
economy of that Member State the
with the economy of that
the economy of that Member the economy of that Member
origin of that legal person shall be
Member State the origin of
State the origin of that legal
State the origin of that legal
deemed to be that of the Member
that legal person shall be
person shall be deemed to be person shall be deemed to be
State in which it is established
deemed to be that of the
that of the Member State in
that of the Member State in
Member State in which it is
which it is established
which it is established
established
Annex II, point (2)(b)(ii)(b)
(b) if the legal person
(b) if the legal person
(b) if the legal person
(b) if the legal person providing
providing the service is not
providing the service is not
providing the service is not
the service is not engaged in
engaged in substantive
engaged in substantive
engaged in substantive
substantive business operations
business operations such that business operations such that business operations such that
such that it has a direct and
it has a direct and effective
it has a direct and effective
it has a direct and effective
effective link with the economy of
link with the economy of the link with the economy of the link with the economy of the
the Member State in which it is
Member State in which it is
Member State in which it is
Member State in which it is
established, the origin of that legal
established, the origin of that established, the origin of that established, the origin of that
person shall be deemed to be the
legal person shall be deemed legal person shall be deemed legal person shall be deemed
origin of the natural or legal
G
188
to be the origin of the natural to be the origin of the natural to be the origin of the natural
persons which own or control it.
G
or legal persons which own
or legal persons which own
or legal persons which own
The legal person shall be
or control it. The legal
or control it. The legal
or control it. The legal
considered to be "owned" by
person shall be considered to person shall be considered to person shall be considered to
persons of a given country if more
be "owned" by persons of a
be "owned" by persons of a
be "owned" by persons of a
than 50 % of the equity interest in
given country if more than
given country if more than
given country if more than
it is beneficially owned by persons
50 % of the equity interest in 50 % of the equity interest in 50 % of the equity interest in
of that country and "controlled" by
it is beneficially owned by
it is beneficially owned by
it is beneficially owned by
persons of a given country if such
persons of that country and
persons of that country and
persons of that country and
persons have the power to name a
"controlled" by persons of a
"controlled" by persons of a
"controlled" by persons of a
majority of its directors or
given country if such
given country if such
given country if such
otherwise to legally direct its
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2023 at 11h25 133/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
persons have the power to
persons have the power to
persons have the power to
actions.
name a majority of its
name a majority of its
name a majority of its
directors or otherwise to
directors or otherwise to
directors or otherwise to
legally direct its actions.
legally direct its actions.
legally direct its actions.
Annex II, point (2)(b)(iii)
(iii) By derogation from
(iii) By derogation from
(iii) By derogation from
(iii) By derogation from sub-
sub-paragraph (ii)(a), if it is
sub-paragraph (ii)(a), if it is
sub-paragraph (ii)(a), if it is
paragraph (ii)(a), if it is decided
decided that Union response decided that Union response decided that Union response
that Union response measures
measures should apply to
measures should apply to
measures should apply to
should apply to legal persons
legal persons falling under
legal persons falling under
legal persons falling under
falling under subparagraph (ii)(a),
subparagraph (ii)(a), the
subparagraph (ii)(a), the
subparagraph (ii)(a), the
the origin of that person shall be
origin of that person shall be origin of that person shall be origin of that person shall be
the nationality or the place of
the nationality or the place
the nationality or the place
the nationality or the place of
permanent residence of the natural
of permanent residence of
of permanent residence of
permanent residence of the
or legal person or persons who
the natural or juridical
the natural or juridical
natural or juridical
legal
own or control the legal person in
person or persons who own
person or persons who own
person or persons who own
the Union. The legal person shall
or control the legal person in or control the legal person in or control the legal person in
be considered to be "owned" by
G
189
the Union. The legal person
the Union. The legal person
the Union. The legal person
persons of a given country if more
G
shall be considered to be
shall be considered to be
shall be considered to be
than 50 % of the equity interest in
"owned" by persons of a
"owned" by persons of a
"owned" by persons of a
it is beneficially owned by persons
given country if more than
given country if more than
given country if more than
of that country and "controlled" by
50 % of the equity interest in 50 % of the equity interest in 50 % of the equity interest in
persons of a given country if such
it is beneficially owned by
it is beneficially owned by
it is beneficially owned by
persons have the power to name a
persons of that country and
persons of that country and
persons of that country and
majority of its directors or
"controlled" by persons of a
"controlled" by persons of a
"controlled" by persons of a
otherwise to legally direct its
given country if such
given country if such
given country if such
actions.
persons have the power to
persons have the power to
persons have the power to
name a majority of its
name a majority of its
name a majority of its
directors or otherwise to
directors or otherwise to
directors or otherwise to
legally direct its actions.
legally direct its actions.
legally direct its actions.
Annex II, point (3), introductory part
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
3. The nationality of an
3. The nationality of an
3. The nationality of an
3. The nationality of an investment
G
190
investment shall be:
investment shall be:
investment shall be:
shall be:
G
Annex II, point (3)(a)
(a) if the investment is
(a) if the investment is
(a) if the investment is
(a) if the investment is engaged in
engaged in substantive
engaged in substantive
engaged in substantive
substantive business operations in
business operations in the
business operations in the
business operations in the
the territory of the Member State
territory of the Member
territory of the Member State territory of the Member State
where the investment is established
State where the investment
where the investment is
where the investment is
such that it has a direct and
is established such that it has established such that it has a established such that it has a
effective link with the economy of
G
191
a direct and effective link
direct and effective link with direct and effective link with
that Member State the nationality
G
with the economy of that
the economy of that Member the economy of that Member
of the investment shall be deemed
Member State the nationality State the nationality of the
State the nationality of the
to be that of the Member State in
of the investment shall be
investment shall be deemed
investment shall be deemed
which it is established;
deemed to be that of the
to be that of the Member
to be that of the Member
Member State in which it is
State in which it is
State in which it is
established;
established;
established;
Annex II, point (3)(b)
(b) if the investment is not
(b) if the investment is not
(b) if the investment is not
(b) if the investment is not
engaged in substantive
engaged in substantive
engaged in substantive
engaged in substantive business
business operations such that business operations such that business operations such that
operations such that it has a direct
it has a direct and effective
it has a direct and effective
it has a direct and effective
and effective link with the
link with the economy of the link with the economy of the link with the economy of the
economy of the Member State in
G
192
Member State in which it is
Member State in which it is
Member State in which it is
which it is established, the
G
established, the nationality
established, the nationality
established, the nationality
nationality of the investment shall
of the investment shall be
of the investment shall be
of the investment shall be
be deemed to that of the natural or
deemed to that of the natural deemed to that of the natural deemed to that of the natural
legal persons which own or control
or legal persons which own
or legal persons which own
or legal persons which own
it. The investment shall be
or control it. The investment or control it. The investment or control it. The investment
considered to be "owned" by
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2023 at 11h25 135/137
COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
shall be considered to be
shall be considered to be
shall be considered to be
persons of a given country if more
"owned" by persons of a
"owned" by persons of a
"owned" by persons of a
than 50 % of the equity interest in
given country if more than
given country if more than
given country if more than
it is beneficially owned by persons
50 % of the equity interest in 50 % of the equity interest in 50 % of the equity interest in
of that country and "controlled" by
it is beneficially owned by
it is beneficially owned by
it is beneficially owned by
persons of a given country if such
persons of that country and
persons of that country and
persons of that country and
persons have the power to name a
"controlled" by persons of a
"controlled" by persons of a
"controlled" by persons of a
majority of its directors or
given country if such
given country if such
given country if such
otherwise to legally direct its
persons have the power to
persons have the power to
persons have the power to
actions;
name a majority of its
name a majority of its
name a majority of its
directors or otherwise to
directors or otherwise to
directors or otherwise to
legally direct its actions;
legally direct its actions;
legally direct its actions;
Annex II, point (3)(c)
(c) by derogation from sub-
(c) by derogation from sub-
(c) by derogation from sub-
(c) by derogation from sub-
paragraph (a), if it is decided paragraph (a), if it is decided paragraph (a), if it is decided
paragraph (a), if it is decided that
that Union response
that Union response
that Union response
Union response measures should
measures should apply to
measures should apply to
measures should apply to
apply to legal persons falling under
legal persons falling under
legal persons falling under
legal persons falling under
subparagraph (a), the nationality of
subparagraph (a), the
subparagraph (a), the
subparagraph (a), the
the investment shall be the
nationality of the investment nationality of the investment nationality of the investment
nationality or the place of
shall be the nationality or the shall be the nationality or the shall be the nationality or the
permanent residence of the natural
place of permanent residence place of permanent residence place of permanent residence
or legal person or persons who own
G
193
of the natural or juridical
of the natural or juridical
of the natural or
or control the investment in the
G
person or persons who own
person or persons who own
juridical
legal person or
Union. The investment shall be
or control the investment in
or control the investment in
persons who own or control
considered to be "owned" by
the Union. The investment
the Union. The investment
the investment in the Union.
persons of a given country if more
shall be considered to be
shall be considered to be
The investment shall be
than 50 % of the equity interest in
"owned" by persons of a
"owned" by persons of a
considered to be "owned" by
it is beneficially owned by persons
given country if more than
given country if more than
persons of a given country if
of that country and "controlled" by
50 % of the equity interest in 50 % of the equity interest in more than 50 % of the equity
persons of a given country if such
it is beneficially owned by
it is beneficially owned by
interest in it is beneficially
persons have the power to name a
persons of that country and
persons of that country and
owned by persons of that
majority of its directors or
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COM Proposal 9 January (as
SE PRES
Commission Proposal
EP Mandate
Council Mandate
compared to the Council
ASSESSMENT
Mandate)
"controlled" by persons of a
"controlled" by persons of a
country and "controlled" by
otherwise to legally direct its
given country if such
given country if such
persons of a given country if
actions.
persons have the power to
persons have the power to
such persons have the power
name a majority of its
name a majority of its
to name a majority of its
directors or otherwise to
directors or otherwise to
directors or otherwise to
legally direct its actions.
legally direct its actions.
legally direct its actions.
Annex II, point (4)
4. Regarding trade-related
4. Regarding trade-related
4. Regarding trade-related
4. Regarding trade-related aspects
aspects of intellectual
aspects of intellectual
aspects of intellectual
of intellectual property rights, the
property rights, the term
property rights, the term
property rights, the term
term “nationals” shall be
“nationals” shall be
“nationals” shall be
"nationals" shall be
understood in the same sense as it
understood in the same sense understood in the same sense understood in the same sense
is used in the paragraph 3 of
G
194
as it is used in the paragraph as it is used in the paragraph as it is used in the paragraph
Article 1 of the WTO Agreement
G
3 of Article 1 of the WTO
3 of Article 1 of the WTO
3 of Article 1 of the WTO
on Trade-Related Aspects of
Agreement on Trade-Related Agreement on Trade-Related Agreement on Trade-Related
Intellectual Property Rights
Aspects of Intellectual
Aspects of Intellectual
Aspects of Intellectual
(TRIPS).
Property Rights.
Property Rights.
Property Rights
(TRIPS).
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