The Council’s position Sample Clauses

The Council’s position. The Council reacted rather negatively towards the Commission proposal. Many Member States felt that their BITs were already covered by Article 351(1) TFEU118, making a cumbersome authorisation procedure superfluous. Moreover, they did not see the need why the Commission should also assess the acquis com- patibility of their existing BITs, fearing that the non-existence of exceptions for their BIT transfer clauses could put nearly all their BITs in doubt. Moreover, they opposed the ‘vendetta’ clause in the proposal, arguing that intra-institutional xx- xxxxx should not be detrimental to the legal security for investors covered by BITs. The most vocal opponents hence demanded the complete deletion of Draft Articles 5 and 6 of the proposal. Finally, Member States also expressed concern that the Commission would have too strong a role in the vetting of their new BITs – in their view, Commission decisions on this front should only be taken under an examina- tion procedure under the new comitology regulation119. The Presidency hence re- ceived a mandate on 8 July 2011 from COREPER with very limited flexibilities. In parallel to defending its hard position on the regulation, the Council gave nevertheless also some positive signals on the pending negotiating directives. Hav- ing discussed in detail the Commission recommendations from December 2010 and the first two months of 2011 for the modification of the existing negotiation directives with Canada, India, and Singapore to include investment protection chapters, the Council basically agreed. In September 2011, it authorised the Com- mission to expand on these three ongoing negotiations. While it was not directly linked to the regulation, this move nevertheless diffused the Commission’s fear that the Council might hold back negotiating directives for political reasons. Hence, the need for keeping Article 6 (on the revocation of an authorisation granted to a Member State BIT), including the ‘vendetta clause’, became weaker as well. 118 Council Conclusions of 25 October 2010, para. 9: ‘In accordance with Article 351 TFEU, bilateral investment agreements concluded by the Member States should continue to afford protection and legal security to investors till they are replaced by at least equally effective EU agreements.’ 119 Regulation (EU) No. 182/2011 of the European Parliament and of the Council of 16 Febru- ary 2011, OJ 2011, L55/13. xxxxx://xxx.xxx/10.5771/9783845246130-55 81 Xxxxx Xxxxxxxxxxx and Xxxxx Xxxxxx
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