Officially supported export credits ***I European Parliament amendments adopted on 5 April 2011 to the proposal for a regulation of the European Parliament and of the Council on the application of certain guidelines in the field of officially supported export credits (COM(2006)0456 – C7-0050/2010 – 2006/0167(COD))
Date: 2011-04-05
Institutions: European Parliament
Subjects: export credit, framework agreement, public debt








CE2012296EN.01016501.xml










2.10.2012   


EN


Official Journal of the European Union


CE 296/165





Tuesday 5 April 2011Officially supported export credits ***I
P7_TA(2011)0126
European Parliament amendments adopted on 5 April 2011 to the proposal for a regulation of the European Parliament and of the Council on the application of certain guidelines in the field of officially supported export credits (COM(2006)0456 – C7-0050/2010 – 2006/0167(COD))
2012/C 296 E/26
(Ordinary legislative procedure: first reading)
The proposal was amended as follows (1):






TEXT PROPOSED BY THE COMMISSION


AMENDMENT





Amendment 1






Proposal for a regulation


Recital 2 a (new)





 










(2a)






The Arrangement has contributed to lessening the impact of the current economic and financial crisis, through creating jobs by supporting trade and investment of companies which would otherwise not be granted credit in the private sector.











Amendment 2






Proposal for a regulation


Recital 2 b (new)





 










(2b)






The export credit agencies should take into account and respect the objectives and policies of the Union. When supporting Union companies, these agencies should comply with and promote the Union's principles and standards in such areas as consolidating democracy, respect for human rights and policy coherence for development.











Amendment 3






Proposal for a regulation


Recital 2 c (new)





 










(2c)






However, Member States' export credit agencies should carefully examine the applications received taking into account that the official support provided as export credit could potentially in the medium and long term contribute to their Member State's public deficit, in particular considering the increased risk of default due to the aftermath of the financial crisis.











Amendment 4






Proposal for a regulation


Recital 2 d (new)





 










(2d)






Export credit agencies should carefully examine applications received in order to maximise the benefits of the official support provided taking into account the fact that well-targeted export credit will contribute to new market access opportunities for Union companies, especially small and medium sized enterprises (SMEs), while fostering open and fair trade and mutually beneficial growth in the aftermath of the crisis.











Amendment 5






Proposal for a regulation


Recital 2 e (new)





 










(2e)






The OECD requires the disclosure of information on export credits from its Members in order to prevent them from behaviour which is protectionist or market distorting. Within the Union, transparency should be ensured in order to guarantee a level playing field for the Member States.











Amendment 6






Proposal for a regulation


Recital 2 f (new)





 










(2f)






Export credit agencies have become the largest source of official financing for developing countries. Hence, export credit-related debt constitutes the largest component of developing-country official debt. A significant proportion of export credit project financing in developing countries is concentrated in sectors such as transport, oil, gas and mining and large-scale infrastructure, such as large dams.











Amendment 7






Proposal for a regulation


Recital 2 g (new)





 










(2 g)






The Participants to the Arrangement are involved in a continuous process intended to minimise market distortion and to establish a level playing field in which the premiums charged by the officially supported export credit agencies of OECD Members are risk-based and cover their operating costs and losses over the long term. In order to advance this goal, transparency and reporting by officially supported export credit agencies is required.











Amendment 8






Proposal for a regulation


Recital 2 h (new)





 










(2h)






In support of the continuing process within the OECD towards higher transparency and reporting standards for officially supported export credit agencies of OECD Members and beyond, the Union should apply additional measures of transparency and reporting for officially supported export credit agencies based in the Union as set out in Annex 1a to this Regulation.











Amendment 9






Proposal for a regulation


Recital 2 i (new)





 










(2i)






Developing and consolidating democracy and respecting human rights and fundamental freedoms as stipulated in Article 21 of the Treaty on European Union (TEU) and referred to in the Charter of Fundamental Rights of the European Union, as well as environmental principles and general principles of Corporate Social Responsibility (CSR), supplemented by other examples of international good practice, should be used as a guide for all projects financed by officially supported export credit agencies based in the Union, and include a social and environmental impact assessment, which includes human rights and the standards incorporated in the body of Union environmental and social legislation relevant to the sectors and projects financed by export credit agencies. The OECD ‘Common Approaches’ in their present wording already contain an explicit option to use European Community standards on bribery, sustainable lending and the environment as a benchmark in undertaking project reviews. Use of this provision should be further encouraged, taking into account that project sponsors, exporters, financial institutions and export credit agencies have different roles, responsibilities and leverage with regard to projects benefiting from official support.











Amendment 10






Proposal for a regulation


Recital 2 j (new)





 










(2j)






The climate objectives of the European Union and its Member States in terms of their Union and international commitments should guide all projects financed by officially supported export credit agencies based in the Union. These include: the final declaration by the heads of State and Government at the G20 Pittsburgh Summit on 24 and 25 September 2009 to phase out fossil fuel subsidies; the Union objectives to reduce its GHG emissions by 30 % compared to 1990 levels, to increase energy efficiency by 20 % and to have 20 % of its energy consumption coming from renewable sources by 2020; and the Union objective to reduce its GHG emissions by 80 to 95 % by 2050.The removal of fossil fuel subsidies should be accompanied by measures to ensure that the living standards of workers and the poor are not adversely affected.











Amendment 11






Proposal for a regulation


Recital 2 k (new)





 










(2k)






The principles underpinning CSR, which are fully recognised at international level, whether by the OECD, the International Labour Organization (ILO) or the United Nations, concern the responsible behaviour expected of undertakings, and presuppose, first of all, compliance with the legislation in force, in particular in the areas of employment, labour relations, human rights, the environment, consumer interests and transparency vis-à-vis consumers, the fight against corruption and taxation. Moreover the specific situation and capabilities of SMEs have to be taken into consideration.











Amendment 12






Proposal for a regulation


Recital 2 l (new)





 










(2l)






In view of the intensified competitive situation on world markets and in order to avoid competitive disadvantages for Union companies, the Commission and Member States should strengthen the efforts of the OECD in reaching out to non-Participants to the Arrangement and should use bilateral and multilateral negotiations in order to establish global standards for officially supported export credits. Global standards in this field are a prerequisite for a level playing field in world trade.











Amendment 13






Proposal for a regulation


Recital 2 m (new)





 










(2 m)






Although OECD countries are guided by the Arrangement, non- OECD countries and in particular, emerging countries do not take part in the Arrangement with the result that this could lead to an unfair advantage for exporters of these countries. These countries should therefore be encouraged to join the OECD and participate in the Arrangement.











Amendment 14






Proposal for a regulation


Recital 2 n (new)





 










(2n)






In view of the EU's Better Regulation policy aimed at simplifying and improving existing regulation the Commission and Member States, in future reviews of the Arrangement, should focus on reducing administrative burdens on businesses and national administrations, including export credit agencies.











Amendment 15






Proposal for a regulation


Recital 2 o (new)





 










(2o)






The improvements in the Arrangement should ensure full coherence with Article 208 of the Treaty on the Functioning of the European Union (TFEU), in order to contribute to the realisation of the general objective of developing and consolidating democracy and the rule of law, and respecting human rights and fundamental freedoms. Additional measures should therefore be applied in the Union when transposing the Arrangement into Union law in order to guarantee compatibility between the Arrangement and Union law.











Amendment 16






Proposal for a regulation


Recital 2 p (new)





 










(2p)






Social and environmental impact assessment methodology that ensures compliance with export credit requirements should be fully consistent with the principles of the EU Sustainable Development Strategy, the Cotonou Agreement and the European Consensus on Development and should reflect the Union's commitment and obligations under the UN Framework Convention on Climate Change (UNFCCC), the UN Convention on Biological Diversity (UNCBD) as well as the attainment of the UN Millennium Development Goals (MDGs) and the social, labour and environmental standards as embodied in international agreements.











Amendment 17






Proposal for a regulation


Recital 4











(4)


Decision 2001/76/EC should therefore be repealed and replaced by this Decision with the consolidated and revised text of the Arrangement attached thereto as 
an Annex
, and Decision 2001/77/EC should be repealed.












(4)


Decision 2001/76/EC should therefore be repealed and replaced by this Regulation with the consolidated and revised text of the Arrangement attached thereto as 
Annex 1
, and Decision 2001/77/EC should be repealed.









Amendment 18






Proposal for a regulation


Article 1 – subparagraph 1





The guidelines contained in the Arrangement on Guidelines for Officially Supported Export Credits shall apply in the 
Community
.


The guidelines contained in the Arrangement on Guidelines for Officially Supported Export Credits shall apply in the 
Union
.





Amendment 19






Proposal for a regulation


Article 1 a (new)





 



Article 1a



The Commission shall submit to the European Parliament and to the Council a proposal for a new regulation to repeal and replace this Regulation as soon as possible once a new version of the Arrangement has been agreed among the OECD Participants and no later than two months after it has entered into force.







Amendment 20






Proposal for a regulation


Article 1 b (new)





 



Article 1b



The additional measures on transparency and reporting to be applied in the Union are set out in Annex 1a to this Regulation.







Amendment 21






Proposal for a regulation


Article 1 c (new)





 



Article 1c



The Council shall report annually to the European Parliament and to the Commission on the implementation by each Member State of the Arrangement on Guidelines for Officially Supported Export Credits.







Amendment 22






Proposal for a regulation


Article 1 d (new)





 



Article 1d



The balance-sheet of the export credit agency of any Member State shall provide a full overview of the agency's assets and liabilities. The use of off-balance-sheet vehicles by export credit agencies shall be made fully transparent.




Companies, other than SMEs, benefiting from export credits shall publish annual country-by-country financial accounts.







Amendment 23






Proposal for a regulation


Annex 1 a (new)





 




Annex 1a










(1)





Without prejudice to the prerogatives of the Member States' institutions exercising the supervision of the national export credit programmes, each Member State shall provide an Annual Activity Report to the European Parliament and the Commission.



This Annual Activity Report shall contain the following information:








—




An audit of all national instruments and programmes to which the Arrangement is applicable and of their compliance with the Arrangement, in particular its requirement that premiums are risk-based and cover long-term operating costs;












—




An overview of major operational developments during the reporting period and their compliance with the Arrangement (listing new commitments, exposure, premium charges, claims paid and recoveries, and mechanisms for costing environmental risk);












—




Presentation of the Member State's policies for ensuring that Union development objectives and policies guide activities in the fields of export credits relating to environmental and social issues, human rights, sustainable lending and anti-bribery.


















(2)





The Commission shall provide its analysis of the Annual Activity Report, assessing Member States' coherence with Union development policies, and commenting on general developments in the policy field to the European Parliament.













(3)





The Commission shall provide to the European Parliament an annual report on efforts undertaken in the various forums of international cooperation, including the OECD and the G-20, and in bilateral meetings with third countries, including summits and negotiations on Partnership and Cooperation Agreements and Free Trade Agreements, to have third countries, especially the emerging economies, introduce guidelines regarding the transparency of their export credit agencies at a level at least matching the OECD Common Approaches.











(1)  The matter was then referred back to committee pursuant to Rule 57(2), second subparagraph (A7-0364/2010).