2015/2233(INI) | [ParlTrack]

Mylène TROSZCZYNSKI, Joëlle MÉLIN, Mario BORGHEZIO, Franz OBERMAYR

Draft opinion
Recital A

Amendment 10 #

Draft opinion
Paragraph 2 - point a - point i

i. to ensure the highest level of transparency in the negotiations, in particular by allowing access to documents and by organising a consultation with Pnational parliaments and civil society, including by means of a referendum;

Amendment 10 #

Draft opinion
Recital E

E. whereas ongoing negotiations on ~~international trade agreements, including~~ the Trade in Services Agreement (TiSA), ~~also~~mainly touch upon international data flows ~~while excluding privacy and data protection entirely, which will be discussed~~ and data processing, including p~~arallel~~ersonal data;

Amendment 100 #

Draft opinion
Paragraph 2 - point d - point ii c (new)

iic. to adopt a prudent approach to offers exchanged in Mode 4, and to ensure that the temporary movement of natural persons with a view to providing services in Mode 4 respects national labour and social rights agreements and collective agreements;

Amendment 101 #

Draft opinion
Paragraph 2 - point d - point ii a (new)

iia. to ensure the exclusion of public services and services of general interest from the scope of the TiSA negotiations, in order not to promote their liberalisation ‘by default’;

Amendment 102 #

Draft opinion
Paragraph 2 - point d a (new)

da) as regards network information security i. to ensure that high levels of network information security are maintained, inter alia the promotion of prevention and hardening of IT security measures, including end-to-end encryption and ensuring liability for software manufacturers for not repairing and disclosing security vulnerabilities or for not exercising due diligence when creating their software;

Amendment 103 #

Draft opinion
Paragraph 2 - point d b (new)

db) as regards open software i. to ensure that signatory countries can require transfer of or access to open source software code and that they can initiate public procurement tenders with free of charge and open source software as a prerequisite;

Amendment 104 #

Ildikó GÁLL-PELCZ, Andreas SCHWAB, Anna Maria CORAZZA BILDT, Philippe JUVIN

Draft opinion
Paragraph 2 - point d c (new)

dc) as regards telecom services i. to ensure that there are no additional requirements that would constitute exceptions from the users right to terminals of their choice, irrespective of the end-user’s or provider’s location or the location, origin or destination of the service, information or content, via their internet access service;

Amendment 11 #

Draft opinion
Paragraph 2 - point a - point i

i. to ensure the highest level of transparency in the negotiations, in particular by allowing access to documents and by organising a consultation with Parliament and ~~civil society~~relevant stakeholders throughout the process;

Amendment 11 #

Draft opinion
Recital E

E. whereas ~~ongoing negotiations on international trade agreements, including~~ the Trade in Services Agreement (TiSA), ~~also~~ touch upon international data flows while excluding privacy and data protection entirely, which will be discussed in parallel;

Amendment 12 #

Nicola DANTI

Draft opinion
Paragraph 2 - point a - point i

i. to ensure the highest level of transparency in the negotiations, in particular by ~~allow~~increasing access to documents and by organising a consultation with Parliament and civil society;

Amendment 12 #

Anna Maria CORAZZA BILDT, Cristian-Silviu BUŞOI, Mihai ŢURCANU, Lara COMI, Antonio LÓPEZ-ISTÚRIZ WHITE

Draft opinion
Recital E a (new)

Ea. whereas data flows are assuming growing importance for the economy and for international trade and whereas the increase in these flows must have as a corollary a greater effort by the Union to ensure its independence in the digital sphere and to develop cutting-edge expertise in the field of cybersecurity;

Amendment 13 #

Draft opinion
Paragraph 2 - point a - point ii

ii. to ensure that ~~before considering the removal of barriers, the agreement seeks to create a level playing field in the services sector,~~the agreement will be as comprehensive as possible and has as ~~its~~ main objective to ~~highlight and maintain the high level of protection of consumers, wo~~open up the markerst and ~~the environment enshrined in the Treaty on the Functioning of the European Union (TFEU)~~remove obstacles to free trade in services;

Amendment 13 #

Emma McCLARKIN, Daniel DALTON, Vicky FORD, Anneleen VAN BOSSUYT

Draft opinion
Recital E b (new)

Eb. whereas the USA is a party to the negotiations on the future agreement; having regard to the recent judgment of the Court of Justice declaring the European Commission’s decision on Safe Harbour invalid;

Amendment 14 #

Draft opinion
Paragraph 2 - point a - point ii

ii. to ensure that ~~before considering the removal of barriers, the agreement seeks to create a level playing field~~ the agreement first and foremost delivers on its potential to create high quality well paid jobs in the European Union, by ensuring th~~e services sector, and has as its main objective to highlight and~~at high standards and disciplines are further reinforced and improved, with a view to establishing them more firmly at the multilateral level; considers this objective perfectly compatible with maintaining the high level of protection of consumers, workers and the environment enshrined in the Treaty on the Functioning of the European Union (TFEU) and existing Consumer acquis;

Amendment 14 #

Draft opinion
Recital F

F. whereas the draft US text on e- commerce for the TiSA would undermine EU rules and safeguards for the transfer of personal data to third countries, exposing the privacy and security of information to serious risks; whereas Parliament reserves the right to express its opinion after consulting any future text proposals and drafts of the TiSA agreement;

Amendment 15 #

Draft opinion
Paragraph 2 - point a - point ii

ii. to ensure ~~that before considering the removal of barriers,~~ the agreement seeks to create a level playing field in the services sector, and has as its main objective to ~~highlight and maintain the high level of protection of consumers, workers and the environment enshrined in the Treaty on the Functioning of the European Union (TFEU)~~further liberalise global access to services and in particular, to open new markets to EU service providers;

Amendment 15 #

Ildikó GÁLL-PELCZ, Philippe JUVIN

Draft opinion
Recital F

F. whereas the draft US text on e- commerce for the TiSA would undermine EU rules and safeguards for the transfer of personal data to third countries; whereas Parliament reserves the right to express its opinion after consulting any future text proposals and drafts of the TiSA agreement, pursuant to Article 218(6) TFEU, the European Parliament is to deliver an opinion on the TiSA agreement and on other agreements between the Union and third countries;

Amendment 16 #

Draft opinion
Paragraph 2 - point a - point ii

ii. to ensure that before considering the removal of barriers, the agreement seeks to create a level playing field in the services sector, and has as its main objective to ~~highlight and maintain~~promote and safeguard the high level of protection of consumers, workers and the environment enshrined in the Treaty on the Functioning of the European Union (TFEU) while preserving a highly competitive social market economy;

Amendment 16 #

Draft opinion
Recital F

F. whereas ~~the draft US text on e- commerce for the TiSA would undermine EU rules and saf~~it is important that the EU and the US reach a compromise reguard~~s for~~ing the transfer of personal data to third countries which fully respects the privacy and protection of personal data; whereas Parliament reserves the right to express its opinion after consulting any future text proposals and drafts of the TiSA agreement;

Amendment 17 #

ii. to ensure that before considering the removal of barriers, the agreement seeks to create a level playing field in the services sector, and has as its main objective to highlight and maintain the high level of protection of consumers, workers and the environment enshrined in the Treaty on the Functioning of the European Union (TFEU); to ensure that these conditions are applied in the context of both the offline market and the digital market;

Amendment 17 #

Mylène TROSZCZYNSKI, Joëlle MÉLIN, Mario BORGHEZIO, Franz OBERMAYR

Draft opinion
Recital F a (new)

Fa. whereas some of the parties participating in the TiSA negotiations have not ratified the conventions of the International Labour Organization;

Amendment 18 #

Draft opinion
Paragraph 2 - point a - point ii

ii. to ensure that before considering the removal of barriers, the agreement seeks to create a level playing field ~~in the services sector~~and fair competition, and has as its main objective to highlight and maintain the high level of protection of consumers, workers and the environment ~~enshrined in the Treaty on the Functioning of the European Union (TFEU)~~;

Amendment 18 #

Monika HOHLMEIER, Axel VOSS, Anna Maria CORAZZA BILDT

Draft opinion
Recital F a (new)

Fa. whereas TiSA is an opportunity for the EU to consolidate its position as the world leader in the field, with 24 % of global trade in services;

Amendment 19 #

Draft opinion
Paragraph 2 - point a - point ii

ii. to ensure that before considering the removal of barriers, the agreement seeks to create a level playing field in the services sector, without reducing the possibility of introducing legislation, and has as its main objective to highlight and maintain the high level of protection of consumers, workers and the environment enshrined in the Treaty on the Functioning of the European Union (TFEU);

Amendment 19 #

Draft opinion
Recital F a (new)

Fa. whereas the judgment of the European Court of Justice in the Safe Harbour case C-362/14 will have an impact on international agreements on the transfer of personal data;

Amendment 2 #

Draft opinion
Paragraph 2 - point a - point -i a (new)

- ia. to ensure that the main outcome of the negotiations be an ambitious and comprehensive agreement that goes beyond the current GATS agreement, bringing a significant market opening for EU companies, including SMEs, while ensuring that the agreement is in line with WTO rules;

Amendment 2 #

Draft opinion
Recital A

A. whereas the Union is bound by the Charter of Fundamental Rights of the European Union (the Charter), including Article 8 thereof on the right to the protection of personal data, and by Article 16 of the Treaty on the Functioning of the European Union (TFEU) on the same fundamental right, as a key pillar of EU primary law which must be fully respected by all international agreements; acknowledges that the legal traditions and systems of the United States and the European Union are different, and therefore should pursue agreements based on adequacy and equivalence of the differing systems, rather than a replication of European standards;

Amendment 20 #

Draft opinion
Paragraph 2 - point a - point ii

ii. to ensure that before considering the removal of barriers, the agreement seeks to create a level playing field in the services sector, and has as its main objective to highlight and maintain the existing and future high level of protection of consumers, workers and the environment enshrined in the Treaty on the Functioning of the European Union (TFEU);

Amendment 20 #

Draft opinion
Recital F a (new)

Fa. whereas TiSA will entail movements of natural persons and whereas in this context all European citizens should be treated equally as regards access to the territory of the other parties to the agreement;

Amendment 21 #

Monika HOHLMEIER, Axel VOSS, Anna Maria CORAZZA BILDT

Draft opinion
Paragraph 2 - point a - point ii a (new)

iia. to ensure that the TiSA will not prejudice the right to privacy and will not include any provisions on personal data flows until complete and up-to-date legislation has been introduced in the EU;

Amendment 21 #

Draft opinion
Recital F b (new)

Fb. whereas non-tariff barriers, which on average represent more than 50 % of the cost of cross-border services, disproportionately affect small and medium-sized enterprises, which often lack the human and financial resources necessary to overcome those obstacles; whereas the elimination of unnecessary barriers would facilitate their internationalisation;

Amendment 22 #

Draft opinion
Paragraph 2 - point a - point ii a (new)

iia. demands that the main outcome of the negotiations be an agreement which protects, respects and enforces the European model of the social market economy as provided for by the EU Treaties, leading to a significant improvement for citizens, consumers and employees, and bringing with it a market opening for EU companies, particularly SMEs;

Amendment 22 #

Draft opinion
Recital F b (new)

Fb. whereas the European Parliament will have the power to approve or reject the final agreement;

Amendment 23 #

Draft opinion
Paragraph 2 - point a - point iii

iii. to ensure that the TiSA provides reciprocal access, notwithstanding the right of countries to adopt regulations which are duly justified on public policy grounds; points out, with regard to market access, that in the long term the TiSA must be transferred to the World Trade Organisation framework, and that in this context it must also safeguard and accomplish the fair and sustainable integration of developing countries into global value chains in services;

Amendment 23 #

Anna Maria CORAZZA BILDT, Cristian-Silviu BUŞOI, Mihai ŢURCANU, Andreas SCHWAB, Antonio LÓPEZ-ISTÚRIZ WHITE

Draft opinion
Paragraph 1 – point a

Amendment 24 #

Draft opinion
Paragraph 2 - point a - point iii

iii. to ensure that the TiSA ~~provides reciprocal access, notwithstanding~~respects the right of countries to adopt regulations which are ~~duly~~ justified on public policy grounds;

Amendment 24 #

Draft opinion
Paragraph 1 – point a

(a) to ensure that the agreement guarantees full respect for EU fundamental rights standards through the inclusion of a legally binding and suspensive human rights clause as a standard part of EU trade agreements with third countries; which must include: – Confirmation of states obligations under the Universal Declaration of Human Rights and other relevant international human rights instruments including, but not limited to, the European Convention on Human Rights and the International Covenant on Civil and Political Rights; – Assurance that state parties will interpret the provisions in the agreement in accordance with international human rights law; – Assurance that none of the obligations which may arising from the agreement will have the effect of modifying the obligations to respect, protect, and fulfil fundamental rights in the EU; – An exception permitting parties to suspend their obligations arising from the agreement if there are grounds to believe that it will result in a breach of fundamental rights; – A mechanism putting forward periodic human rights impact assessments to be conducted jointly by a designated committee of the US Congress and the European Parliament; – A mechanism to bring complaints in front of national courts in order to initiate an investigation by the designated authority into human rights disputes arising under the agreement; – Procedures to ensure that citizens have equality before the law; – Assurance that the Parties to the agreement will not in any way whatsoever relatively privilege their own citizens, or otherwise discriminate against non- citizens, merely according to their citizenship status in any matter affected by this agreement, concerning public order, national security, crime or grounds of important public interest; such as internationally recognised labour standards, environment or public health and education standards; – An accessible mechanism to impose sanctions when fundamental rights and standards are abused;

Amendment 25 #

Monika HOHLMEIER, Axel VOSS, Anna Maria CORAZZA BILDT

Draft opinion
Paragraph 2 - point a - point iii

iii. to ensure ~~that~~while the TiSA provides reciprocal market access, ~~notwithstanding the right of countries to adopt regulations which~~a lack of reciprocity should not be used as a grounds for closing alre ~~duly justified on public policy grounds~~ady open service markets in Europe;

Amendment 25 #

Draft opinion
Paragraph 1 – point a

(a) to ensure that the agreement guarantees full respect for EU fundamental rights standards ~~through the inclusion of a legally binding and suspensive human rights clause as a standard part of EU trade agreements with third countries~~;

Amendment 26 #

Emma McCLARKIN, Daniel DALTON, Vicky FORD, Anneleen VAN BOSSUYT

iii. to ensure that the TiSA ~~provides reciprocal access, notwithstanding~~guarantees increased market access, and is without prejudice to the right of countries to adopt regulations ~~which~~that are duly justified onby the public ~~policy ground~~interest, notably with the inclusion of horizontal provisions, general principles and an explicit recognition of the right to regulate, as is already the case with GATS Article XIV, which in no way has prevented the EU or its Member States from adopting legitimate public policy objectives;

Amendment 26 #

Draft opinion
Paragraph 1 – point a a (new)

(aa) Expresses serious concern over the draft TiSA agreement, which would seriously undermine all the Union’s provisions and safeguards concerning the protection and transfer to third countries of the personal data of its citizens;

Amendment 27 #

Draft opinion
Paragraph 2 - point a - point iii

iii. to ensure that the TiSA provides reciprocal access, notwithstanding the right of countries to adopt regulations which are duly justified on public policy grounds; to ensure that the combination of domestic regulation and transparency annexes will not lead to a regulatory chill effect; to oppose any proposals calling for the mandatory submission of legislative proposals to third parties prior to their publication;

Amendment 27 #

Draft opinion
Paragraph 1 – point a a (new)

(aa) to oppose TiSA because of the consequences it will have on European standards of services such as health care, education or social assistance, which could stop being fundamental rights and become another market niche in the hands of multinational corporations, undermining the civil liberties of European citizens;

Amendment 28 #

Ildikó GÁLL-PELCZ

iii. to ensure that the TiSA ~~provides reciprocal access~~offers in the different areas reciprocal and equally ambitious approach reflecting both parties’ expectations, to underline that the different proposals for those areas must be balanced, notwithstanding the right of the countries to adopt regulations which are duly justified on public policy grounds;

Amendment 28 #

Draft opinion
Paragraph 1 – point a b (new)

(ab) to oppose TiSA because of its consequences on workers' rights, undermining European standards of labour protection and making workers loose the protection by the justice system they enjoy today;

Amendment 29 #

Nicola DANTI

Draft opinion
Paragraph 2 - point a - point iii

iii. to ensure that the TiSA ~~provid~~guarantees reciprocal market access, notwithstanding the right of countries to adopt regulations which are duly justified on public policy grounds;

Amendment 29 #

Draft opinion
Paragraph 1 – point a c (new)

(ac) to request Member States to hold binding referenda about the Agreement before it is passed;

Amendment 3 #

Draft opinion
Paragraph 2 - point a - point -i b (new)

- ib. to have high ambitions for TiSA, especially regarding telecommunications, e-commerce, professional qualifications and movement of natural persons; to ensure it is a tool for growth and jobs and lowering unemployment;

Amendment 3 #

Draft opinion
Recital A

A. whereas the Union is bound by the Charter of Fundamental Rights of the European Union (the Charter), including Article 7 thereof concerning the right to respect for private and family life and Article 8 thereof on the right to the protection of personal data, and by Article 16 of the Treaty on the Functioning of the European Union (TFEU) on the same fundamental right, as a key pillar of EU primary law which must be fully respected by all international agreements;

Amendment 30 #

Draft opinion
Paragraph 2 - point a - point iii

iii. to ensure that the TiSA provides reciprocal access, notwithstanding the right of countries to adopt regulations which are duly justified on public policy grounds; therefore calls on the Commission to oppose any type of standstill or ratchet clauses affecting public services and services of general interest;

Amendment 30 #

Mylène TROSZCZYNSKI, Joëlle MÉLIN, Mario BORGHEZIO, Franz OBERMAYR

Draft opinion
Paragraph 1 – point b

(b) ~~to incorporate, as a key priority, a comprehensive and unambiguous horizontal self-standing provision, based on~~Recalls that Article XIV of the General Agreement on Trade inand Services (GATS), that fully exempts the existing and future EU legal framework for the protection of personal data from the agreement, without any condition that it must be consistent with other parts of the TiSA, and to ensure that the agreement does not preclude the enforcement of exceptions for the supply of services which are justifiable under the relevant World Trade Organisation rules ( clearly refers to privacy and the protection of personal data as an exception which cannot be considered a trade barrier; stresses that EU data protection legislation cannot be deemed to constitute ‘arbitrary or unjustifiable discrimination’ in the application of Articles XIV ~~and XIVbis~~ of the GATS);

Amendment 31 #

Draft opinion
Paragraph 2 - point a - point iii

iii. to ensure that the TiSA provides reciprocal access, notwithstanding the right of countries to adopt regulations which are duly justified on public policy and strategic grounds;

Amendment 31 #

Draft opinion
Paragraph 1 – point b

(b) to incorporate, as a key priority, a comprehensive and unambiguous horizontal self-standing provision, based on Article XIV of the General Agreement on Trade in Services (GATS), that fully exempts the existing and future EU legal framework for the protecin the core text of TiSA, an exemption, notwithstanding any other part of the agreement, allowing for the protection of the privacy of individuals in relation to the processing and dissemination of personal data ~~from~~and the ~~agreement, without any condition that it must be consistent with other parts of the TiSA~~protection of confidentiality of individual records and accounts, and to ensure that the agreement does not preclude the enforcement of exceptions for the supply of services which are justifiable under the relevant World Trade Organisation rules (Articles XIV and XIV~~bis~~a of the GATS);

Amendment 32 #

Monika HOHLMEIER, Anna Maria CORAZZA BILDT

Draft opinion
Paragraph 2 - point a - point iii a (new)

iiia. the primacy of political decision- making within the European Union must on no account be called into question, whereby the European Union‘s particular, multilevel institutional structure must be respected; furthermore, this must not be achieved through so- called ‘ratchet’ or ‘standstill’ clauses, which pose the risk that it may not be possible subsequently to reverse liberalisation measures;

Amendment 32 #

Draft opinion
Paragraph 1 – point b

(b) to incorporate, a~~s a key priority, a comprehensive and unambiguous~~ horizontal self-standing provision, based on Article XIV of the General Agreement on Trade in Services (GATS), that ~~fully~~ exempts the existing and future EU legal framework for the protection of personal data from the agreement~~, without any condition that it must be consistent with other parts of the TiSA,~~ and to ensure that the agreement does not preclude the enforcement of exceptions for the supply of services which are justifiable under the relevant World Trade Organisation rules (Articles XIV and XIV~~bis~~a of the GATS);

Amendment 33 #

Draft opinion
Paragraph 2 - point a - point iii a (new)

iiia. to ensure that the negotiations result in new market access opportunities for European companies, especially SMEs, thereby benefiting citizens, consumers and workers while preserving the European model of a social economy market;

Amendment 33 #

Draft opinion
Paragraph 1 – point b a (new)

(ba) to incorporate a clause to the Agreement which clearly forbids the use of personal data gathered by public services or institutions for commercial or marketing purposes, as well as forbidding the transfer of personal data gathered by the State and its institutions to private companies;

Amendment 34 #

Draft opinion
Paragraph 2 - point a - point iii b (new)

iiib. to ensure that the agreement contributes to social progress and decent work and meets minimum ILO social standards;

Amendment 34 #

Draft opinion
Paragraph 1 – point c

Amendment 35 #

Draft opinion
Paragraph 2 - point a - point iii c (new)

iiic. to promote an ambitious agenda for the EU’s offensive interests, in particular as regards business services, ICT services, financial and legal services, e-commerce, maritime and air transport services, environmental services, tourism and construction;

Amendment 35 #

Virginie ROZIÈRE, Jean-Paul DENANOT, Marc TARABELLA

Draft opinion
Paragraph 1 – point c

Amendment 36 #

Draft opinion
Paragraph 2 - point a - point iii d (new)

iiid. to remove the ratchet and standstill clauses, which imply that any liberalisation defines a new irreversible threshold and that more stringent rules cannot be adopted after the agreements have been signed;

Amendment 36 #

Draft opinion
Paragraph 1 – point c

(c) to ensure that personal data can be transferred outside the Union only if the provisions on third-country transfers in EU data protection laws are complied with; to negotiate on provisions which touch upon the flow of personal data only if the full application of EU data protection rules is guaranteed and respectednegotiations concerning the transfer of personal data outside the Union can continue only if full compliance with EU data protection legislation is guaranteed; points out that personal data may be processed only in Europe and that all rules relating to the transfer of that data to third countries are exceptions to that principle and must meet certain conditions; in particular, the third country must ensure an appropriate level of protection and ensure that EU citizens have the same opportunities to appeal and the same procedural rights as citizens of that third country in the event of any unlawful use of their personal data;

Amendment 37 #

Mylène TROSZCZYNSKI, Joëlle MÉLIN, Mario BORGHEZIO, Franz OBERMAYR

Draft opinion
Paragraph 2 - point a - point iii e (new)

iiie. to ensure that no special court of justice is created;

Amendment 37 #

Eleftherios SYNADINOS

Draft opinion
Paragraph 1 – point c

Amendment 38 #

Draft opinion
Paragraph 2 - point a - point iii a (new)

iiia. to oppose, therefore, any attempt to establish a mechanism for settling disputes between private investors and states;

Amendment 38 #

Draft opinion
Paragraph 1 – point c a (new)

(ca) to oppose any attempt to limit the powers of European and national supervisory bodies which protect personal data;

Amendment 39 #

Draft opinion
Paragraph 2 - point a - point iii a (new)

iiia. as regards consumer protection to ensure that the TiSA agreement follows the principle that no consumer has less protection nor less information online than offline

Amendment 39 #

Draft opinion
Paragraph 1 – point c b (new)

(cb) to assess the appropriate tools for ensuring that EU citizens have a ‘right to be forgotten’ even if their personal data is transferred to third countries;

Amendment 4 #

Draft opinion
Paragraph 2 - point a - point -i c (new)

- ic. to use TiSA negotiations as a tool to move forward the current Doha Round of multilateral trade talks in services and as a negotiating position for opening of service markets between the Union and global trade partners, including in developing countries;

Amendment 4 #

Emma McCLARKIN, Daniel DALTON, Vicky FORD, Anneleen VAN BOSSUYT

Draft opinion
Recital A a (new)

Aa. whereas the Union is bound by the Charter of Fundamental Rights of the European Union, including Article 14 concerning the right to education, Articles 27, 28, 29, 30, 31, 32 and 33 concerning workers' rights, Article 34 concerning the right to social assistance, Article 35 concerning the right to health care, Article 37 concerning the right to environmental protection, and Article 38 concerning the right to protection as consumers. Taking into account that all these are basic rights which cannot be put at stake;

Amendment 40 #

Draft opinion
Paragraph 2 - point b

b) regarding the protection of public services ~~and services of general interest~~

Amendment 40 #

Anna Maria CORAZZA BILDT, Cristian-Silviu BUŞOI, Mihai ŢURCANU

Draft opinion
Paragraph 1 – point d

~~(d) to oppose the provisions with regard to the protection of personal data in the US draft TiSA chapter on e-commerce;~~deleted

Amendment 41 #

b) regarding the protection of ~~public services and~~ services of general interest

Amendment 41 #

Draft opinion
Paragraph 1 – point d

~~(d) to oppose the provisions with regard to the protection of personal data in the US draft TiSA chapter on e-commerce;~~deleted

Amendment 42 #

Anna Maria CORAZZA BILDT, Monika HOHLMEIER

Draft opinion
Paragraph 2 - point b - point i

i. to ~~ensure that the negotiations maintain and strengthen the fundamental role played by public services and services of general interest in the European Union, which provi~~insist, while supporting the continued exclusion of public services from negotiations, that EU service providers should have full market access to liberalised services in TiSA countries; to ensure that the final agreement includes a~~n essential safety net for citizens and contribute to social cohesion, growth and employment~~ clause guaranteeing the non- discriminatory treatment of European service providers;

Amendment 42 #

Draft opinion
Paragraph 1 – point d

(d) to ~~oppose~~stress that the provisions with regard to the protection of personal data in the US draft TiSA chapter on e-commerce should be improved in order to meet the EU standards on data protection;

Amendment 43 #

Draft opinion
Paragraph 2 - point b - point i

i. to ensure that the ~~negotiations maintain and strengthen the fundamental role played by public services and~~EU withdraws from the TISA negotiations if there is no clear and explicit undertaking by the parties to exclude all current and future services of general interest as well as services of general economic interest, in ~~the European Union, which provide an essential safety net for citizens and contribute to social cohesion, growth and employment;~~ cluding but not limited to water production, distribution and treatment, health services, social services, social security systems, educational, cultural and audio- visual services;

Amendment 43 #

Draft opinion
Paragraph 1 – point d a (new)

(da) to implement the recommendations of the European Parliament formulated in its resolution of 12 March 2014 concerning European independence in the fields of IT and cybersecurity in order to ensure optimal security of data flows;

Amendment 44 #

Draft opinion
Paragraph 2 - point b - point i

i. to ensure that the negotiations maintain and strengthen the fundamental role played by public services and services of general interest in the European Union and the particular culture of those services, which provide an essential safety net for citizens and contribute to social cohesion, growth and employment;

Amendment 44 #

Emma McCLARKIN, Daniel DALTON, Anneleen VAN BOSSUYT

Draft opinion
Paragraph 1 – point e

(e) to keep in mind that, under EU rules on the transfer of personal data ~~may prohibit~~, the processing of such data in third countries if they do not meet the EU adequacy standard; to insist that any requirements for the localisation of data processing equipment and establishments be in line with EU rules on data transfers; to cooperate with third countries in the appropriate settings with a view to adopting adequate high data protection standards around the worls permitted only if the agreements there concerning the processing of personal data meet the EU adequacy standard;

Amendment 45 #

Draft opinion
Paragraph 2 - point b - point i

i. to ensure that the negotiations maintain and strengthen the fundamental role played by public services ~~and services of general interest~~ in the European Union, which provide an essential safety net for citizens and contribute to public health, social cohesion, growth and employment, requests therefore that the Turkish desire to include portability of healthcare be firmly rejected by the Commission;

Amendment 45 #

Anna Maria CORAZZA BILDT, Cristian-Silviu BUŞOI, Mihai ŢURCANU, Lara COMI

Draft opinion
Paragraph 1 – point e

(e) to keep in mind that EU rules on the transfer of personal data may prohibit the processing of such data in third countries if they do not meet the EU adequacy standard; ~~to insist that any requirements for the localisation of data processing equipment and establishments be in line with EU rules on data transfers;~~ to cooperate with third countries in the appropriate settings with a view to adopting adequate high data protection standards around the world;

Amendment 46 #

Draft opinion
Paragraph 2 - point b - point i

i. to ensure that the negotiations ~~maintain and strengthen~~consider the fundamental role played by public services and services of general interest in the European Union~~, which provide an essential safety net for citizens and contribute to social cohesion, growth and employment~~;

Amendment 46 #

Ildikó GÁLL-PELCZ, Anna Maria CORAZZA BILDT

Draft opinion
Paragraph 1 – point e

(e) to keep in mind that EU rules on the transfer of personal data may prohibit the processing of such data in third countries ~~if they~~which do not meet the EU adequacy standard; to insist that any requirements for the localisation of data processing equipment and establishments be in line with EU rules on data transfers; to cooperate with third countries in the appropriate settings with a view to adopting adequate high data protection standards around the world;

Amendment 47 #

Draft opinion
Paragraph 2 - point b - point i

i. to ensure that the negotiations maintain and strengthen the fundamental role played by public services and services of general interest in the European Union, which provide an essential safety net for citizens and contribute to social cohesion, growth and employmentdo not undermine the fundamental role of services of general interest in the European Union;

Amendment 47 #

Eleftherios SYNADINOS

Draft opinion
Paragraph 1 – point e

(e) to keep in mind that EU rules on the transfer of personal data may prohibit the processing of such data in third countries if they do not meet the EU adequacy standard; to insist that any requirements for the localisation of data processing equipment and establishments be in line with EU rules on data transfers;, to ensure the creation of appropriate supervisory authorities and the establishment of central data access points and to cooperate with third countries in the appropriate settings with a view to adopting adequate high data protection standards around the world;

Amendment 48 #

Draft opinion
Paragraph 2 - point b - point i

i. to ensure that the negotiations maintain and strengthen the fundamental role played by public services and services of general interest in the European Union, which provide an essential safety net for citizens and contribute to social ~~cohesion~~and territorial cohesion, the survival of rural areas, growth and employment;

Amendment 48 #

Draft opinion
Paragraph 1 – point e a (new)

(ea) to ensure that personal data transferred to third countries are deleted after a certain amount of time;

Amendment 49 #

Draft opinion
Paragraph 2 - point b - point i

i. to ensure that the negotiations maintain and strengthen the fundamental role played by public services and services of general interest in the European Union, which provide an essential safety net for citizens and contribute to social cohesion, growth and employment; safeguards for public services and services of general interest should be part of the agreement;

Amendment 49 #

Draft opinion
Paragraph 1 – point e b (new)

(eb) to ensure compliance with Member States’ provisions concerning the protection of personal data if they offer a level of protection that is higher than that provided by EU legislation;

Amendment 5 #

Draft opinion
Paragraph 2 - point a - point -i d (new)

-id. to accept the request by China to join the negotiations which could mean the agreement allows for the further opening of services in China to EU businesses;

Amendment 5 #

Ildikó GÁLL-PELCZ, Andreas SCHWAB, Anna Maria CORAZZA BILDT, Philippe JUVIN

Draft opinion
Recital A a (new)

Aa. whereas TISA is intended to create an open and fair level playing field for companies operating overseas; allowing the opening up of markets in order to provide economic growth and jobs for the EU, whereas high data protection standards in the transfer of personal data are important in to ensure trust and further investment in sectors such as digital and telecommunications;

Amendment 50 #

Draft opinion
Paragraph 2 - point b - point i a (new)

ia. to facilitate more active participation of EU businesses, including SMEs, in public procurement globally, as this can contribute to stimulating private-sector innovation and to the emergence of new, high-growth, innovative companies and sectors; to stress that this possibility must not undermine the capacity of EU governments to maintain their public services;

Amendment 50 #

Draft opinion
Paragraph 1 – point f

(f) to show full regard for the need for transparency and accountability in the negotiations throughout the entire process, and to fulfil its obligation under Article 218(10) TFEU, which a recent Court of Justice ruling confirmed as being of statutory character2 , to keep Parliament fully informed on an immediate basis at all stages of the negotiations; to ensure public access to relevant negotiation documents from all parties, with the exception of those which are to be classified with clear justification on a case-by-case basis, with a public justificbe accountable to the European Parliament and its committees and to hold binding votes for every relevant step in the negotiation of the ~~ext~~agreement; to whensure publich access to ~~the undisclosed parts of the document in question is likely to specifically and actually undermine the interests protected by the excep~~all negotiation documents from all parties; to involve social organizations, unions and human rights organizations, in ~~line with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents3~~ the negotiation of the agreement in order to strengthen a real dialogue with society as a whole; to ensure that the agreement in no way weakens the laws of the EU or of its Member States on public access to official documents. __________________ 2 Case C-658/11 Parliament v Council, judgment of 24 June 2014. 3 OJ L 145, 31.5.2001, p. 43. OJ L 145, 31.5.2001, p. 43.

Amendment 51 #

Draft opinion
Paragraph 2 - point b - point ii

ii. to ~~maintain the Member States’ freedom to regulate those services at all levels and to provide, commission and fund public services in compliance with the Treaties~~ensure that European, national, regional and local authorities retain the full right to regulate those services and to introduce, adopt, maintain or repeal any measures with regard to the commissioning, organisation, funding and provision of public services; to apply this exclusion irrespective of how the public services are provided and funded;

Amendment 51 #

Anna Maria CORAZZA BILDT, Cristian-Silviu BUŞOI, Mihai ŢURCANU, Antonio LÓPEZ-ISTÚRIZ WHITE

Draft opinion
Paragraph 1 – point f

(f) ~~to show full regard for~~Recalls the need for transparency ~~and accountability~~ in the negotiations throughout the entire process, and to fulfil its obligation under Article 218(10) TFEU, which a recent Court of Justice ruling confirmed as being of statutory character2, to keep Parliament fully informed on an immediate basis at all stages of the negotiations; to ensure public access to relevant negotiation documents from all parties, with the exception of those which are to be classified with clear justification on a case-by-case basis, with a public justification of the extent to which access to the undisclosed parts of the document in question is likely to specifically and actually undermine the interests protected by the exceptions, in line with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents3; to ensure that the agreement; reminds the Commission of its obligation to keep Parliament fully informed on an immediate basis at all stages of the negotiations; points out, further, that the agreement should in no way weakens the laws of the EU or ~~of its~~the Member States on public access to official documents.; __________________ 2 Case C-658/11 Parliament v Council, judgment of 24 June 2014. 3 OJ L 145, 31.5.2001, p. 43.

Amendment 52 #

Draft opinion
Paragraph 2 - point b - point ii

ii. to maintain the Member States’ freedom to regulate ~~those~~ services ~~at all levels and to provide, commission and fund public servic~~of general interest in compliance with the Treaties;

Amendment 52 #

Monika HOHLMEIER

Draft opinion
Paragraph 1 – point f

(f) to show full regard for the need for transparency and accountability in the negotiations throughout the entire process, and to fulfil its obligation under Article 218(10) TFEU, which a recent Court of Justice ruling confirmed as being of statutory character2 , to keep Parliament fully informed on an immediate basis at all stages of the negotiations; to ensure public access to relevant negotiation documents from all parties, with the exception of those which are to be classified with clear justification on a case-by-case basis, with a public justification of the extent to which access to the undisclosed parts of the document in question is likely to specifically and actually undermine the interests protected by the exceptions, in line with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents3 ; ~~to ensure that the agreement in no way weakens the laws of the EU or of its Member States on public access to official documents.~~ __________________ 2 Case C-658/11 Parliament v Council, judgment of 24 June 2014. 33 OJ L 145, 31.5.2001, p. 43. OJ L 145, 31.5.2001, p. 43.

Amendment 53 #

Emma McCLARKIN, Daniel DALTON, Vicky FORD, Anneleen VAN BOSSUYT

Draft opinion
Paragraph 2 - point b - point ii

ii. to maintain the Member States' freedom to regulate those services at all ~~levels and to~~territorial levels (local, regional and national) and to organise, provide, commission and fund public services in compliance with the Treaties and with the principle of subsidiarity;

Amendment 53 #

Eleftherios SYNADINOS

Draft opinion
Paragraph 1 – point f

(f) to show full regard for the need for transparency and accountability in the negotiations throughout the entire process, and to fulfil its obligation under Article 218(10) TFEU, which a recent Court of Justice ruling confirmed as being of statutory character2, to keep Parliament fully informed on an immediate basis at all stages of the negotiations; to ensure public access to relevant negotiation documents from all parties, with the exception of those which are to be classified with clear justification on a case-by-case basis, with a public justification of the extent to which access to the undisclosed parts of the document in question is likely to specifically and actually undermine the interests protected by the exceptions, in line with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents3; and Article 42 TFEU concerning the right of access to documents, to ensure that the agreement in no way weakens the laws of the EU or of its Member States on public access to official documents. __________________ 2 Case C-658/11 Parliament v Council, judgment of 24 June 2014. 3 OJ L 145, 31.5.2001, p. 43. OJ L 145, 31.5.2001, p. 43.

Amendment 54 #

Draft opinion
Paragraph 2 - point b - point ii

ii. to maintain the Member States’ freedom to regulate those services at all levels and to provide, commission and fund public services ~~in compliance with the Treaties~~, as is the case with EU FTAs already negotiated with the Andean Countries, Central America, South Korea, Canada and Singapore; this can be done using known reservations and exemptions which have functioned without issue;

Amendment 54 #

Monika HOHLMEIER, Axel VOSS, Anna Maria CORAZZA BILDT

Draft opinion
Paragraph 1 – point f a (new)

(fa) to welcome the substantial push for transparency vis-à-vis the public since the 2014 European elections, including the publication of EU market access offers and the mandate granted by the Council;

Amendment 55 #

Mylène TROSZCZYNSKI, Joëlle MÉLIN, Mario BORGHEZIO, Franz OBERMAYR

Draft opinion
Paragraph 2 - point b - point ii

ii. to maintain the Member States'’ freedom to regulate those services at all levels and to provide, commission and fund public services ~~in compliance with the Treaties~~;

Amendment 56 #

Ildikó GÁLL-PELCZ, Andreas SCHWAB, Anna Maria CORAZZA BILDT, Philippe JUVIN

Draft opinion
Paragraph 2 - point b - point ii a (new)

iia. to underline that the public procurement must be part of any final comprehensive agreement given that it represents a substantial part of the EU’s and other trading partners’ economies and therefore is a key economic interest for the EU;

Amendment 57 #

Draft opinion
Paragraph 2 - point b - point ii a (new)

iia. to oppose the inclusion of standstill and ratchet clauses, which would in future prevent a State from reversing the liberalisation of services;

Amendment 58 #

Emma McCLARKIN, Daniel DALTON, Vicky FORD, Anneleen VAN BOSSUYT

Draft opinion
Paragraph 2 - point b - point ii a (new)

iia. to guarantee that TiSA protects against a liberalisation of public services and services of general interest which would be synonymous with job losses and threats to working conditions, the quality of services and access to them;

Amendment 59 #

Draft opinion
Paragraph 2 - point c

c) regarding the s~~ervices included~~cope of the agreement and dispute settlement

Amendment 6 #

Emma McCLARKIN, Daniel DALTON, Vicky FORD, Anneleen VAN BOSSUYT

Draft opinion
Paragraph 2 - point a - point i

i. to ensure the highest level of transparency in the negotiations, in particular by allowing access to, where appropriate, to relevant documents and by organising a consultation with Parliament ~~and civil society~~, citizens, businesses, and other relevant stakeholders;

Amendment 6 #

Draft opinion
Recital C a (new)

Ca. whereas Article 31 of the Charter requires the Union to ensure fair and just working conditions;

Amendment 60 #

Emma McCLARKIN, Daniel DALTON, Vicky FORD, Anneleen VAN BOSSUYT

Draft opinion
Paragraph 2 - point c - point i

i. to ~~ensure that a positive list of services ready to be placed on the market is presented by the Union in order to protect those services not explicitly referred to from being opened up to competition;~~ increase market access for services according to a "hybrid list approach", using for market access "positive lists", whereby services that are to be opened up to foreign companies are explicitly mentioned and new services are excluded and using "negative list approach" for national treatment;

Amendment 61 #

Draft opinion
Paragraph 2 - point c - point i

i. to ensure th~~at a positive list of services ready to be placed on the market is presented by the Union in order to protect those services not explicitly referred to from being opened up to competition~~e widest possible inclusion of service sectors in the agreement, in particular the digital service sector, based on the mandate from the Member States, given that services make up around 70% of the EU economy and account for 90% of new job creation, underlining the crucial relevance of finding new market access opportunities for service exports in third countries;

Amendment 62 #

Ildikó GÁLL-PELCZ, Andreas SCHWAB

Draft opinion
Paragraph 2 - point c - point i

i. to ensure that ~~a positive list of services ready to be placed on the market is presented by the Union in order to protect those services not explicitly referred to from being opened up to competition;~~ the TiSA does not endanger the high quality of services and to support the current proposal for increasing market access for services according to a "hybrid list approach" and, in accordance with the EU's decision, not to take any market access or national treatment commitments on publicly-funded health and social services, publicly-funded education, water collection, purification, distribution and management services, film, TV and other audio-visual services; to ensure that a positive list of services ready to be placed on the market is presented by the Union in order to protect those services not explicitly referred to from being opened up to competition, whereby services that are to be opened up to foreign companies are explicitly mentioned while ensuring that possible stand-still clause only applies to non-discrimination provisions and allow for enough flexibility to bring services of general economic interest back into public control as well as to take into account the emergence of new and innovative services and using "negative list" for national treatment;

Amendment 63 #

Draft opinion
Paragraph 2 - point c - point i

i. to ensure that a positive list of services ready to be placed on the market is presented by the Union in order to protect those services not explicitly referred to from being opened up to competition; under no circumstances should this list include public services – this applies in particular to services of general economic interest such as water, energy, transport and the post office;

Amendment 64 #

Mylène TROSZCZYNSKI, Joëlle MÉLIN, Mario BORGHEZIO, Franz OBERMAYR

Draft opinion
Paragraph 2 - point c - point i

i. to ensure that a positive list of services ready to be placed on the market is presented by the Union for both market access and national treatment, in order to protect those services not explicitly referred to from being opened up to competition;

Amendment 65 #

Draft opinion
Paragraph 2 - point c - point i

i. to ensure that an exhaustive positive list of services ready to be placed on the market is presented by the Union in order to protect those services not explicitly referred to from being opened up to competition;

Amendment 66 #

Draft opinion
Paragraph 2 - point c - point i a (new)

ia. to ensure that public contracts, which represent a by no means negligible share of the economies of the European Union and other trading partners, are covered by the agreement in order to ensure reciprocity of access to public contracts between the parties;

Amendment 67 #

Draft opinion
Paragraph 2 - point c - point i a (new)

ia. to delete the annex on the ‘public utility clause’, as public services and services of general interest should be excluded from the scope of the TiSA negotiations;

Amendment 68 #

Draft opinion
Paragraph 2 - point c - point ii

ii. to ensure that ~~the negotiations comply with th~~European goods, services and economic operators, including SMEs, are newot di~~rectives on public procurement and concessions, in particular as regards the definition of public-public cooperation, exclusions and SME acces~~scriminated against in all TiSA public procurement markets for services, at any level of government, and to ensure transparent access at a level equal to that applying to TiSA companies have today in Europe under the new EU public procurement and concessions rules;

Amendment 69 #

Draft opinion
Paragraph 2 - point c - point ii

ii. ~~to ensure that the negotiations comply with~~given the legislation on public procurement in the EU which came into force in 2016 and possible reciprocal open market access for public procurement, calls for the achievements of the new directives on public procurement ~~and concessions, in particular as regards the definition of public-public cooper~~to be put into practice; points out that the fundamental principles for public in- house consultations, public-public cooperation and public-private partnership management systems should always be clearly defined and exempted from the Public Procurement Directive, in both the general economy and public utilities (water, energy, transport and the post office); also points out that the MEAT criteria applied in the legislation, e~~xclusions and SME access~~nable social, labour-law, quality and environmental points to be used as award criteria in public procurement procedures and are therefore particularly significant and should take priority over decision- making based purely on cost;

Amendment 7 #

Draft opinion
Paragraph 2 - point a - point i

i. to ensure the highest level of transparency in the negotiations, in particular by ~~allowing access to documen~~ensuring free access to text proposals, negotiation reports and consolidated negotiation results, and by submitting regular reports to the competent committees of the European Parliament and organising a consultation with Parliament and civil society;

Amendment 7 #

Emma McCLARKIN, Daniel DALTON, Vicky FORD, Anneleen VAN BOSSUYT

Draft opinion
Recital D a (new)

Da. whereas Members of the European Parliament depend on leaked documents when scrutinizing the negotiations for TiSA;

Amendment 70 #

Draft opinion
Paragraph 2 - point c - point ii

ii. to ensure that the negotiations ~~comply with the new directives on public procurement and concessions, in particular as regards the definition of public-public cooperation, exclusions and SME access~~guarantee that the final agreement respects existing EU law and meets the requirements of the new directives on public procurement and concessions, including the relevant definitions contained therein;

Amendment 71 #

Ildikó GÁLL-PELCZ, Andreas SCHWAB, Philippe JUVIN, Anna Maria CORAZZA BILDT

Draft opinion
Paragraph 2 - point c - point ii

ii. to ensure that the ne~~gotiations comply with the new directives on public procurement and concessions, in particular as regards the definition of public-public cooperation, exclusions and SME acces~~w public procurement and concession directives are complied with in the negotiations, in particular as regards the definition of public-public cooperation, exclusions, SMEs access and the award criteria on best value rather than lowest price, the possibility for contracting authorities to cooperate and form intercommunalities, and the thresholds below which the procurement is not subject to EU or international rules;

Amendment 72 #

Mylène TROSZCZYNSKI, Joëlle MÉLIN, Mario BORGHEZIO, Franz OBERMAYR

Draft opinion
Paragraph 2 - point c - point ii

ii. to ensure that the negotiations comply with the new directives on public procurement and concessions, on an absolutely reciprocal basis, in particular as regards the definition of public-public cooperation, exclusions and SME access;

Amendment 73 #

Mylène TROSZCZYNSKI, Joëlle MÉLIN, Mario BORGHEZIO, Franz OBERMAYR

Draft opinion
Paragraph 2 - point c - point ii

ii. to ensure that the negotiations comply with the new directives on public procurement and concessions, in particular as regards the definition of public-public cooperation, exclusions ~~and SME access~~, sustainability criteria and SME access, as well as with the thresholds below which these directives do not apply;

Amendment 74 #

Draft opinion
Paragraph 2 - point c - point iii

Amendment 75 #

Emma McCLARKIN, Daniel DALTON, Vicky FORD, Anneleen VAN BOSSUYT

Draft opinion
Paragraph 2 - point c - point iii

iii. to ~~ensure reciprocity of mutual recognition of professional qualifications, including through the creation of a legal framework and promo~~promote mobility of professionals including through ambitious provisions on movement on natural persons (Mode 4) in relation to trade in services as well as encouraging cooperation ofn m~~obility by facilitating the visa for professionals in the sectors covered by the Agreement~~utual recognition of professional qualifications;

Amendment 76 #

Draft opinion
Paragraph 2 - point c - point iii

iii. to ensure reciprocity in the mutual recognition of professional qualifications, in particular by establishing a legal framework, ~~and~~ that mobility is promoted by making it easier for professionals in the sectors covered by the agreement to ~~obtain visa~~seek visas, recognising the varying sensitivities around different sectoral labour mobility, and that these considerations be taken into account in negotiations;

Amendment 77 #

Draft opinion
Paragraph 2 - point c - point iii

iii. to ensure reciprocity in the mutual recognition of professional qualifications, in particular by establishing a legal framework, and that mobility is promoted by making it easier for professionals in the sectors covered by the agreement to obtain visas, without compromising the application of the general interest rules laid down by the competent authorities;

Amendment 78 #

Nicola DANTI

Draft opinion
Paragraph 2 - point c - point iii

iii. to ensure reciprocity in the mutual recognition of professional qualifications, in particular by establishing a legal framework, and that mobility is promoted by making it easier for professionals in the sectors covered by the agreement to obtain visapromote mobility of professionals including through reciprocal and mutual recognition of professional qualifications and provisions on movement of natural persons in relation to trade in services;

Amendment 79 #

Ildikó GÁLL-PELCZ

Draft opinion
Paragraph 2 - point c - point iii a (new)

iiia. to observe that, in the field of public procurement, relevant criteria and their possible extension must not be called into question;

Amendment 8 #

Draft opinion
Paragraph 2 - point a - point i

i. to ensure the highest level of transparency in the negotiations, in ~~particular~~cluding by allowing access to documents ~~and by organising a~~that do not undermine the EU's or other Parties' negotiating positions, as well as continuing organising the consultation wiof the Parliament and civil society;

Amendment 8 #

Draft opinion
Recital D a (new)

Da. whereas negotiations on the Trade in Services Agreement (TiSA) have been taking place in total secrecy since 2013; welcomes, therefore, the Council decision to declassify the TiSA negotiating mandate; takes the view, however, that the Council has not taken into due account the right of citizens to have their personal data protected and expresses concern regarding the possibility that the TiSA might undermine the fundamental rights of citizens as enshrined in the Charter;

Amendment 80 #

Ildikó GÁLL-PELCZ, Anna Maria CORAZZA BILDT, Philippe JUVIN

Draft opinion
Paragraph 2 - point c - point iv

iv. to ensure that transparent and effective measures in line with the Charter of Fundamental Rights are put in place to protect consumers against fraudulent online commercial practices; to make sure that consumers will be protected at home, when they travel and when they shop online, and that they will benefit from easy access to dispute resolution mechanisms and effective resolution dispute;

Amendment 81 #

Draft opinion
Paragraph 2 - point c - point iv

iv. to ensure that transparent and effective measures are put in place to protect consumers against fraudulent online commercial practices; most importantly, to ensure that consumers will be protected at home, when they travel, when they shop online and will benefit from easy access to dispute resolution mechanisms and effective resolution of dispute;

Amendment 82 #

Draft opinion
Paragraph 2 - point c - point iv

iv. to ensure that transparent and effective measures are put in place to protect consumers against fraudulent online commercial practices; in particular by involving European consumer protection organisations in the negotiations in order to achieve the best possible levels of consumer protection;

Amendment 83 #

Draft opinion
Paragraph 2 - point c - point iv a (new)

iva. Calls for strict compliance with the Services Directive in the provision of services and calls in this context for Article 16 to be heeded and implemented, as only on this basis are comprehensive consumer, employee and environmental protection and security of implementation for providers possible;

Amendment 84 #

Draft opinion
Paragraph 2 - point c - point iv a (new)

iva. to ensure that the agreement promotes interoperability of eGovernment services within and between signatory countries and access for all citizens to such services;

Amendment 85 #

Emma McCLARKIN, Daniel DALTON, Vicky FORD, Anneleen VAN BOSSUYT

Draft opinion
Paragraph 2 - point c - point iv b (new)

ivb. to ensure that the agreement allows consumers to use any terminal equipment and firmware of their choice, and that consumers can modify that equipment and any firmware installed on such equipment; to ensure also that services are provided in a technologically neutral manner;

Amendment 86 #

Draft opinion
Paragraph 2 - point c - point iv a (new)

iva. to ensure the inclusion of a strong dispute settlement mechanism which should aim at ensuring the continued commitment of the parties to respecting and observing mutually agreed rules and openings;

Amendment 87 #

Draft opinion
Paragraph 2 - point c - point iv a (new)

iva. to seek an ambition chapter ensuring the free flow of data - without compromising data protection - in order to support growth in the Digital Single Market;

Amendment 88 #

Draft opinion
Paragraph 2 - point c - point iv a (new)

iva. to ensure that all signatories of the TiSA agreement have ratified the core labour standards from the ILO which include freedom of association and the right to collective bargaining; the effective abolition of child labour; the elimination of all forms of forced or compulsory labour and the elimination of discrimination in respect of employment and occupation;

Amendment 89 #

Draft opinion
Paragraph 2 - point c - point iv b (new)

ivb. to ensure protection of EU small and medium sized service providers from unfair trading practices from services providers from outside the EU, for example by an article ensuring strict supervisory authorities and competition authorities which should at least contain the GATS Art. IX on 'Business practices';

Amendment 9 #

Draft opinion
Paragraph 2 - point a - point i

i. to ensure the highest level of transparency in the negotiations, in particular by allowing access to documents and by organising a consultation with Parliament and civil society in the three working languages of the European Union;

Amendment 9 #

Emma McCLARKIN, Daniel DALTON, Anneleen VAN BOSSUYT

Draft opinion
Recital E

E. whereas ongoing negotiations on international trade agreements, including the Trade in Services Agreement (TiSA), also touch upon international data flows while excluding privacy and data protection entirely, which will be discussed in parallel;deleted

Amendment 90 #

Draft opinion
Paragraph 2 - point d - point i

~~i. to ensure that the regulated professions are excluded from the agreement;~~deleted

Amendment 91 #

Anna Maria CORAZZA BILDT, Cristian-Silviu BUŞOI, Mihai ŢURCANU

Draft opinion
Paragraph 2 - point d - point i

~~i. to ensure that the regulated professions are excluded from the agreement;~~deleted

Amendment 92 #

Anna Maria CORAZZA BILDT, Cristian-Silviu BUŞOI, Mihai ŢURCANU

Draft opinion
Paragraph 2 - point d - point i

i. to ensure that certain regulated professions are excluded from ~~the agree~~commitments;

Amendment 93 #

Draft opinion
Paragraph 2 - point d - point ii

~~ii. to maintain the exclusion of audio- visual and cultural services;~~deleted

Amendment 94 #

Emma McCLARKIN, Daniel DALTON

Draft opinion
Paragraph 2 - point d - point ii

ii. to ~~maintain the exclusion~~continue to refrain from issuing any commitments ofn audio- visual and cultural services as it is already the Union policy in regards to the GATS agreement;

Amendment 95 #

Draft opinion
Paragraph 2 - point d - point ii

ii. to maintain the exclusion of audio-visual ~~and cultural~~ services;

Amendment 96 #

Mylène TROSZCZYNSKI, Joëlle MÉLIN, Mario BORGHEZIO, Franz OBERMAYR

Draft opinion
Paragraph 2 - point d - point ii

ii. to maintain the exclusion of audiovisual ~~and cultural services~~, cultural, energy, transport, education and health services and of all aspects of public services in general;

Amendment 97 #

Draft opinion
Paragraph 2 - point d - point ii a (new)

iia. public services and services of general and economic interest, irrespective of the way in which they are financed;

Amendment 98 #

Draft opinion
Paragraph 2 - point d - point ii a (new)

iia. to prohibit commitments and rules regarding financial services that would contradict recent measures to regulate financial markets and products;

Amendment 99 #

Draft opinion
Paragraph 2 - point d - point ii b(new)

iib. to ensure that any liberalisation of data flows is wholly consistent with the acquis of the Union in relation to privacy and data protection;

source: 569.705

2015/10/20 EMPL 98 amendments...

Amendment 1 #

Draft opinion
Paragraph 1

~~1. Calls for all ILO core labour standards to be a compulsory element of EU trade agreements such as TiSA from the outset;~~deleted

Amendment 10 #

Draft opinion
Paragraph 1 a (new)

1a. Recalls the essential role played by the services sector in the creation of skilled jobs in the European Union;

Amendment 11 #

Draft opinion
Paragraph 1 b (new)

1b. Stresses that the signing of a balanced agreement would create strong potential for growth and for the creation of new skilled jobs;

Amendment 12 #

Draft opinion
Paragraph 1 c (new)

1c. Stresses that the opportunities represented by TiSA for the internationalisation of European companies must be accompanied by genuine policies to help workers adapt to the new environment; underlines that the European Union has put financing mechanisms in place that could accompany these steps, such as the European Social Fund;

Amendment 13 #

Draft opinion
Paragraph 1 a (new)

1a. Calls for safeguards to ensure that the promotion of trade in services is not brought about by watering down labour law provisions applying in the EU;

Amendment 14 #

Draft opinion
Paragraph 1 b (new)

1b. Calls for safeguards to ensure, in every TiSA chapter, that the agreement will not, under any circumstances, serve to weaken, circumvent, or invalidate Member States’ or EU standards in the following areas: workers’ rights, working conditions, social security, social inclusion, and social protection, health and safety at work, vocational training, professional qualifications, free movement of workers and pensioners, social dialogue, and anti-discrimination provisions at the workplace and on the labour market;

Amendment 15 #

Draft opinion
Paragraph 1 c (new)

1c. Calls for the Parliament committee responsible for employment and social affairs to be informed without delay, so as to allow an opportunity for discussion and decision-taking, should any provisions of the final TiSA Agreement be such as to jeopardise, or conflict with, standards in the above areas;

Amendment 16 #

Draft opinion
Paragraph 1 a (new)

1a. To ensure that TiSA will contribute fair and significantly to jobs creation and set ambitious trade in service standards which covers the main 21st century issues, notably the persisting jobs crisis, the growing inequalities, the youth unemployment and other social challenges as it happens normally when trade barriers fall and markets are open;

Amendment 17 #

Draft opinion
Paragraph 1 b (new)

1b. To strength the strategic importance of trade in services - at the present time the sector accounts for three-quarters of EU gross domestic product (GDP) and of jobs - is essential that this agreement works as a first step to break the deadlock in the Doha Round; TiSA negotiations are an opportunity to focus on markets that the EU will not in a foreseeable future open bilateral negotiations and to reorient the European Trade Policy, enhancing labour mobility between countries and widening the multiplier effect; Nevertheless, negotiations should prevail at multilateral level rather than bilateral level;

Amendment 18 #

Marita ULVSKOG, Georgi PIRINSKI, Jutta STEINRUCK, Maria ARENA, Siôn SIMON, Joachim SCHUSTER, Brando BENIFEI, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ, Elena GENTILE, Guillaume BALAS, Edouard MARTIN

Draft opinion
Paragraph 1 a (new)

1a. Stresses that increasing mobility must be accompanied by high and binding social and labour standards so as to ensure that workers are protected against exploitation and social dumping; stresses furthermore in this regard the importance of sufficient control and enforcement mechanisms;

Amendment 19 #

Marita ULVSKOG, Georgi PIRINSKI, Jutta STEINRUCK, Maria ARENA, Siôn SIMON, Joachim SCHUSTER, Brando BENIFEI, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ, Elena GENTILE, Guillaume BALAS, Edouard MARTIN

Draft opinion
Paragraph 1 b (new)

1b. Considers that any future agreement on trade in services must include a clause on control and enforcement mechanisms so as to deter and prevent companies from infringing labour and social rights, including collective agreements; is particularly concerned about the effects of complex cross-border subcontracting chains through which it becomes very difficult to ensure and monitor compliance; calls therefore on the Commission to propose EU legislation ensuring liability in sub-contracting chains, and considers that such liability must also apply and be enforceable on companies from third-countries; points out in this regard that the principle of equal remuneration for equal work at the same workplace should be enshrined in EU law and underlines that labour inspectorates and trade unions have a vital role to play in the prevention and monitoring of abuse and also help to enhance expertise and information provision at company level; urges the Member States to increase the staffing levels of, and the resources available to, their labour inspectorates and to meet the target of one inspector for every 10 000 workers, as recommended by the ILO, as well as to impose more severe penalties on firms that fail to comply with their obligations concerning fundamental rights (including remuneration, working hours and OHS); considers that the penalties in such cases must be effective, proportionate and dissuasive;

Amendment 2 #

Amjad BASHIR, Anthea McINTYRE, Jana ŽITŇANSKÁ, Zdzisław KRASNODĘBSKI

Draft opinion
Paragraph 1

1. Calls for all ILO core labour standards to be ~~a compulsory element of EU trade agreements such as TiSA from the outset~~ratified by the TiSA signatories; expects the European Union to play a leading role in reaching this objective;

Amendment 20 #

Marita ULVSKOG, Georgi PIRINSKI, Jutta STEINRUCK, Maria ARENA, Siôn SIMON, Joachim SCHUSTER, Brando BENIFEI, Elena GENTILE, Guillaume BALAS, Edouard MARTIN

Draft opinion
Paragraph 1 c (new)

1c. Deplores the decline in funding for labour inspection and the inadequacy of cross-border access to data within the EU; is concerned about the consequences this inadequacy and decline might have with regards to further liberalisation of the trade in services through TiSA; highlights that labour inspections in particular face challenges in monitoring companies where migrant workers and posted workers from the EU and third countries are employed; stresses that, for labour inspections to be effective, it is important that they are sufficiently aware of situations with a high risk of non- compliance; points out that national-level electronic systems for the compulsory advance registration of foreign workers by employers could substantially facilitate the task of labour inspection;

Amendment 21 #

Draft opinion
Paragraph 1 a (new)

1a. Notes the significant role that the service sector plays in the EU economy, making up for 70% of economic activity and providing 90% of new jobs; recognises at the same time that 90% of global growth is occurring outside the EU and underlines, therefore, the crucial importance of securing new market access opportunities for EU employers and securing fair, non-discriminatory and equitable treatment for EU service providers;

Amendment 22 #

Amjad BASHIR, Anthea McINTYRE, Jana ŽITŇANSKÁ, Zdzisław KRASNODĘBSKI

Draft opinion
Paragraph 1 b (new)

1b. Stresses the importance of ensuring that the agreement delivers on its potential to boost job creation in the EU, by ensuring that established standards are reinforced and improved with a view to establishing them more at the multilateral level;

Amendment 23 #

Draft opinion
Paragraph 1 c (new)

1c. Calls on the Commission to continue its efforts to complete the negotiations for the Trade in Services Agreement which will deliver considerable job opportunities for the EU; recognises that while the Commission cannot unilaterally set global standards, calls for ILO labour standards to be respected and promoted in order to ensure that existing standards are safeguarded;

Amendment 24 #

Draft opinion
Paragraph 2

Amendment 25 #

Draft opinion
Paragraph 2

2. Calls furthermore, in negotiations on international trade in services, for mandatory working conditions to be secured in accordance with the respective laws on labour and social affairs, and for mandatory conclusion of collective agreements to be provided for, as well as a ban on the dismantling of workers’ rights and social standards when services are liberalisedUrges the Commission to pursue the social objective that it set for itself during TiSA negotiations in the form of the ‘labour clause’; recalls that the provisions of social and employment legislation at both European and national levels, as well as collective agreements, must be guaranteed under TiSA;

Amendment 26 #

Zdzisław KRASNODĘBSKI

Draft opinion
Paragraph 2

2. C~~alls~~onsiders, furthermore, that in negotiations on international trade in services~~, for mandatory working conditions to be secured in accordance with the respectiv~~ the laws on labour and social affairs, and ~~for mandatory conclusion of collective agreements to be provided for, as well as a ban on the dismantling of workers’ rights and social standards when services are liberalised~~collective agreements in force in a given Member State must be taken into account and that the liberalisation of services must not lead to the dismantling of workers’ rights or to restrictions on Member States’ formulation of policy in this area in accordance with the will of their electorate;

Amendment 27 #

Draft opinion
Paragraph 2

2. Calls furthermore, in negotiations on international trade in services, for mandatory working conditions to be secured in accordance with the respective laws on labour and social affairs and collective agreements, a~~s well as for a ban on the dismantling of~~nd respect the workers’ rights and social standards when services are liberalised and assure that quality of services and labour conditions are not negatively affected;

Amendment 28 #

Joëlle MÉLIN, Dominique MARTIN, Mylène TROSZCZYNSKI

Draft opinion
Paragraph 2

2. Calls furthermore, in negotiations on international trade in services, for mandatory working conditions to be secured in accordance with the respective la~~ws on labour and social affairs and collective agreements, as well as for a ban on the dismantling of workers’ rights and social standards when services are liberalised~~bour and social legislation of the country where the service and therefore the work is provided, including the definition of who is a worker and for mandatory application of collective agreements to be provided for; this is without prejudice to more favourable provisions in legislation or agreements applicable in the sending country; calls for a ban on the dismantling of workers’ rights and social standards when services are liberalised; calls for reliable safeguards to tackle the use of false self-employment as a way to bypass labour and social legislation;

Amendment 29 #

Draft opinion
Paragraph 2

2. Calls furthermore, in negotiations on international trade in services, for mandatory working conditions to be secured in accordance with the respective ~~laws on labour and~~national laws on social affairs, and for mandatory conclusion of collective agreements to be provided for, as well as a ban on the dismantling of workers’ rights and social standards when services are liberalised;

Amendment 3 #

Joëlle MÉLIN, Dominique MARTIN, Mylène TROSZCZYNSKI

Draft opinion
Paragraph 1

1. Calls for all ~~ILO~~ core ~~labour standards~~physical, psychological and ergonometric standards imposed by legislation on all European workers, such as those set out in the subsidiarity rules of each Member State, to be a compulsory element of EU trade agreements such as TiSA from the outset;

Amendment 30 #

Draft opinion
Paragraph 2 a (new)

2a. Calls, where disputes arise regarding labour provisions, for those disputes to be subject to a dispute settlement mechanism, including the possibility of imposing trade sanctions, taking into account the ILO supervisory bodies;

Amendment 31 #

Draft opinion
Paragraph 2 b (new)

2b. Calls, in this regard, to exclude from the concepts of non-tariff barriers or technical barriers to trade the labour standards, and to include the Social Partners in the process of regulatory cooperation in a balanced representation, to ensure that regulatory cooperation does not restrict the right of governments and the European Parliament to legislate in the public interest and does not lead to regulatory chill or to the weakening of labour standards, including health and safety standards;

Amendment 32 #

Draft opinion
Paragraph 2 a (new)

2a. Calls for the positive list principle to be applied both to market access and to national treatment;

Amendment 33 #

Draft opinion
Paragraph 2 b (new)

2b. Maintains in addition that neither ratchet nor standstill clauses should be applicable to market access or national treatment obligations;

Amendment 34 #

Amjad BASHIR, Anthea McINTYRE, Jana ŽITŇANSKÁ, Zdzisław KRASNODĘBSKI

Draft opinion
Paragraph 2 a (new)

2a. Insists that any inclusion in trade agreements of ‘Mode IV’ on temporary movement of labour should be made subject to compliance with core labour standards, including rules concerning period of stay, minimum wages and collective wage agreements, national labour standards, and collective agreements in partner countries; calls on the Commission to include such provisions into the main body of the Annex on ‘Mode IV’.

Amendment 35 #

Marita ULVSKOG, Georgi PIRINSKI, Jutta STEINRUCK, Maria ARENA, Siôn SIMON, Joachim SCHUSTER, Brando BENIFEI, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ, Elena GENTILE, Guillaume BALAS, Edouard MARTIN

Draft opinion
Paragraph 2 a (new)

2a. Stresses, in order to avoid unfair competition, social dumping and exploitation of workers, that the principle of equal remuneration for equal work is enshrined in EU law and respected in all of the trade agreements signed by the EU; underlines that all workers, irrespective of their home country must, as a minimum, enjoy the same rights, conditions of employment and salaries as nationals in the place of work; stresses that this principle be included through a protection clause for deployed workers in any future agreement on trade in services;

Amendment 36 #

Marita ULVSKOG, Georgi PIRINSKI, Maria ARENA, Siôn SIMON, Joachim SCHUSTER, Brando BENIFEI, Jutta STEINRUCK, Elena GENTILE, Guillaume BALAS, Edouard MARTIN

Draft opinion
Paragraph 2 b (new)

2b. Considers that any future agreement on trade in services must include a clause preventing companies from circumventing or undermining the right to take industrial action, through the use of workers from third countries during negotiations on collective agreements and labour disputes;

Amendment 37 #

Draft opinion
Paragraph 3

3. ~~Considers that~~Highlights the right of the State to organise and regulate the provision of services, ~~taking account of social and environmental criteria as well as the public interest, must be retained in full, and calls for services of general interest to be excluded from~~considers that the need to maintain the freedom of the Member States to regulate at all levels and to provide, commission and fund public services in accordance with the Treaties should be reflected within theis agreement~~, irrespective of whether they~~ as already provided ~~privately or publicly~~for with other EU FTAs;

Amendment 38 #

Draft opinion
Paragraph 3

3. Considers that the right of the State to organise and regulate the provision of services, taking account of social and environmental criteria as well as the public interest, must be retained in full, and calls for services of general interest to be excluded from the agreement, irrespective of whether they are provided privately or publicly; Recalls that, in accordance with art 14 TFEU and protocol 26 of the TEU and taking account of social and environmental criteria as well as the public interest, the competence of the State and public authorities to provide, commission, organise, and fund, as well as the right to regulate current and new services of general interest and services of general economic interest must prevail over the commitments in the agreement; exception clauses on services of general interest and services of general economic interest should be foreseen in provisions on investment protection, if they are included;

Amendment 39 #

Draft opinion
Paragraph 3

Amendment 4 #

Draft opinion
Paragraph 1

1. Calls for ~~all~~the ratification and effective implementation of ILO core labour standards to be a compulsory element of EU trade agreements such as TiSA ~~from the outset~~; calls for provisions to make these standards enforceable including through impartial dispute settlement mechanisms which take account of the findings of the ILO supervisory system;

Amendment 40 #

Marita ULVSKOG, Georgi PIRINSKI, Maria ARENA, Siôn SIMON, Joachim SCHUSTER, Brando BENIFEI, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ, Elena GENTILE, Guillaume BALAS, Edouard MARTIN

Draft opinion
Paragraph 3

3. Considers that the right of the State to organise and regulate the provision of services, taking account of social and environmental criteria as well as the public interest, must be retained in full~~, and calls for~~; underlines in this regard the duties and the role of public authorities to serve the society and our citizens through ensuring availability, accessibility, acceptability, affordability and quality of public services; calls for services of general interest, services of general economic interest as well as social services of general interest1 a to be excluded from the scope of the agreement, irrespective of whether they are provided privately or publicly; __________________ 1a European Parliament Report, 22 June 2011, A7-0239/2011 "on the future of social services of general interest": http://www.europarl.europa.eu/sides/getD oc.do?type=REPORT&reference=A7- 2011-0239&language=EN

Amendment 41 #

Joëlle MÉLIN, Dominique MARTIN, Mylène TROSZCZYNSKI

Draft opinion
Paragraph 3

3. Considers that the right of the State to organise and regulate the provision of services, taking account of social and environmental criteria as well as the public interest, must be ~~retained in full, and calls for services of general interest~~defined in details by the agreement and retained in full, advocates for a positive list approach to be followed both for market access and national treatment, and calls for services of general interest including, but not limited to, education, health, water supply, energy and social security to be excluded from the agreement, irrespective of whether they are provided or funded privately or publicly, in part or entirely;

Amendment 42 #

Draft opinion
Paragraph 3

3. Considers that the right of the State to organise and regulate the provision of services, taking account of social and environmental criteria as well as the public interest, must be retained in full, and calls for services of general interest – namely public services, and particularly national education and public health – to be excluded from the agreement, irrespective of whether they are provided privately or publicly;

Amendment 43 #

Draft opinion
Paragraph 3

3. Considers that the right of the State to organise and regulate the provision of services (such as water, health, social security systems and education among others), taking account of social and environmental criteria as well as the public interest, must be retained in full, and calls for services of general interest to be excluded from the agreement, irrespective of whether they are provided privately or publicly, adopting a ‘positive listing’ approach, whereby services that are to be opened up for foreign companies are explicitly mentioned and new services are excluded;

Amendment 44 #

Draft opinion
Paragraph 3

Amendment 45 #

Draft opinion
Paragraph 3

Amendment 46 #

Draft opinion
Paragraph 3 a (new)

3a. Reiterates that the provision of and access to affordable and quality services of general interest and services of general economic interest, including but not limited to water, health, social services, social security systems and education, has to be guaranteed at all times and calls for these services to be excluded from the agreement, irrespective of whether they are privately or publicly provided and funded or if they receive state support in any form; therefore calls for a comprehensive and unequivocal carve out of these services in the core text of the agreement;

Amendment 47 #

Draft opinion
Paragraph 3 b (new)

3b. Requests to base negotiations on a positive list approach in relation to both the market access and the national treatment; requests to not apply ratchet and standstill clauses to both market access and national treatment;

Amendment 48 #

Draft opinion
Paragraph 3 c (new)

3c. Asks the Commission to guarantee that ecological and social criteria, including gender equality criteria, can be applied in awarding public procurement contracts; insists that trade agreements should under no circumstances affect the provisions of the Public Procurement Directive that ensure enforcement of labour law and allow contracting authorities to use the specific provisions concerning social, health and other services directly provided to the person; reminds the Commission on the strong sensitivities in regard to the regulation of service concessions and the need to preserve the policy space to respond to failed Public-Private-Partnerships models;

Amendment 49 #

Draft opinion
Paragraph 4

Amendment 5 #

Marita ULVSKOG, Georgi PIRINSKI, Maria ARENA, Siôn SIMON, Joachim SCHUSTER, Brando BENIFEI, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ, Elena GENTILE, Guillaume BALAS, Edouard MARTIN

Draft opinion
Paragraph 1

1. Calls ~~for all ILO core labour standards~~as a minimum, for the ratification and implementation of all ILO core labour standards as well as other relevant ILO conventions such as ILO 94, and for them to be a compulsory and enforceable element of EU trade agreements, such as TiSA from the outset;

Amendment 50 #

Joëlle MÉLIN, Dominique MARTIN, Mylène TROSZCZYNSKI

Draft opinion
Paragraph 4

Amendment 51 #

Zdzisław KRASNODĘBSKI

Draft opinion
Paragraph 4

4. ~~Rejec~~Supports negotiations on the further liberalisation of services provided across EU borders ~~so long as no EU-wide cooperation exists to maintain working conditions in accordance with the respective laws on labour and social affairs and collective agreement~~and considers that the laws on labour and social affairs and collective agreements in force in a given Member State must be binding on entities from those countries;

Amendment 52 #

Draft opinion
Paragraph 4

4. Rejects negotiations on the further liberalisation of services provided across EU borders s~~o long as no EU-wide cooperation exists to maintain working conditions in accordance with the respective laws on labour and social affairs and collective agreements~~ince it represents the beginning of a loss of sovereignty and subsidiarity in fundamental areas such as social protection and employment; feels that it would in fact encourage social dumping and make it impossible to have a clear national employment strategy;

Amendment 53 #

Draft opinion
Paragraph 4

4. ~~Rejects n~~Negotiations on the further liberalisation of services provided across EU borders s~~o long as no~~hould bear in mind the need for a EU- wide cooperation ~~exists~~in order to maintain working conditions in accordance with the respective laws on labour and social affairs and collective agreements in the EU;

Amendment 54 #

Draft opinion
Paragraph 4

4. Rejects negotiations on the further liberalisation of services provided across EU borders so long as no EU-wide cooperation exists to maintain working conditions in accordance with the respective ~~laws on~~ labour and social ~~affairs~~legislation and collective agreements of the country where the service and therefore the work is provided; this is without prejudice to more favourable provisions in legislation or agreements applicable in the sending country;

Amendment 55 #

Draft opinion
Paragraph 4

4. Rejects negotiations on the further liberalisation of services provided across EU borders so long as no EU minimum income scheme and EU-wide cooperation exists to maintain working conditions in accordance with the respective laws on labour and social affairs and collective agreements;

Amendment 56 #

Draft opinion
Paragraph 4 a (new)

4a. Considers that governments capacity to adopt socially and ecologically responsible services procurement policies, addressing societal and environmental needs, must not be undermined, and subsequently for any agreement to respect the ILO Convention 94 regarding labour clauses in public contracts;

Amendment 57 #

Joëlle MÉLIN, Dominique MARTIN, Mylène TROSZCZYNSKI

Draft opinion
Paragraph 4 a (new)

4a. Calls on the European institutions to launch independent thorough social impact assessment studies that focus on the possible impact of TiSA on the social and employment situation in the EU and the other Parties of the agreement, including the availability, affordability, quality, accessibility and non- discriminatory equal access to services of general interest and services of general economic interest;

Amendment 58 #

Marita ULVSKOG, Georgi PIRINSKI, Jutta STEINRUCK, Maria ARENA, Siôn SIMON, Joachim SCHUSTER, Elena GENTILE

Draft opinion
Paragraph 4 a (new)

4a. Considers that the EU should make very limited commitments as to any future provisions through the current Mode 1 of the GATS, so as not to undermine the high working standards and conditions in the EU through the provisions of services being supplied from third countries, particularly concerning the ICT sector;

Amendment 59 #

Draft opinion
Paragraph 5

5. C~~onsiders furthermore that the EU- wide posting of workers should not be reg~~alls for an end to the Posted Workers Directive since it represents an intolerable example of social dumping; feels that the harmonisation of social security contributions according to this model would not bring security to individual workers, as they are calculated ion t~~rade agreements~~he basis of the lowest bidder;

Amendment 6 #

Draft opinion
Paragraph 1

1. Calls for all ILO core labour standards to be a compulsory and enforceable element of EU trade agreements such as TiSA from the outset;

Amendment 60 #

Draft opinion
Paragraph 5

5. Considers ~~furthermore that the EU- wide posting of workers should not be regulated in trade agreement~~it important to ensure that TiSA will not prevent the EU and the Member States from safeguarding existing employment standards including for example the agreed standards on the posting of workers;

Amendment 61 #

Draft opinion
Paragraph 5

5. ~~Considers furthermore that the EU- wide posting of workers should not be regulated in trade agreemen~~Stresses that 3rd country national workers being posted into the EU under Mode IV are also covered by EU legislation on posting of workers; notably directives 96/71/EC and 2014/67/EC; repeats its position that trade agreements must by all means refrain from regulating or setting rules affecting workers’ rights;

Amendment 62 #

Draft opinion
Paragraph 5

5. ~~Considers furthermore~~Recalls that the mobility of highly qualified workers could be advantageous not only for European companies, but also for European workers; insists, however, that the EU- wide posting of workers should not be regulated in trade agreements; stresses the importance of defining the precise criteria for providing a service under TiSA, such as the limited duration of the service and the anticipated level of competences, and of ensuring that these elements are clearly set out in the service contract;

Amendment 63 #

Draft opinion
Paragraph 5

5. Considers furthermore that the EU-wide posting of workers should not be regulated in trade agreements but countries should have the right to establish quantitative conditions;

Amendment 64 #

Marita ULVSKOG, Georgi PIRINSKI, Jutta STEINRUCK, Siôn SIMON, Joachim SCHUSTER, Elena GENTILE

Draft opinion
Paragraph 5

5. Considers furthermore that the EU-wide posting of workers should not be regulated in trade agreements; considers however that, as a minimum, the Directive 96/71/EC on the posting of workers, together with other national and EU labour and social legislation as well as collective agreements, should be applicable to contractual service suppliers and business sellers accessing the EU, today and in the future, through the Mode 4 provisions in GATS;

Amendment 65 #

Draft opinion
Paragraph 5 a (new)

5a. Considers that the expected "mod 4" provisions represent a global widening of the EU legislations on posting of workers and services liberalization, that have been detrimental for workers protection, social cohesion and Member States’social protection financing; considers therefore that revisions of the Posting of Workers and Social Security Systems coordination legislations to overcome these problems must be adopted before any commercial agreement containing "mod 4" provisions, and that these provisions must be built along the lines of those newly revised legislations;

Amendment 66 #

Draft opinion
Paragraph 5 a (new)

5a. Recalls that the clauses of TiSA relating to the transport sector should not harm European workers in that sector; urges the Commission to establish clear restrictions on cabotage in order to prevent social dumping;

Amendment 67 #

Marita ULVSKOG, Georgi PIRINSKI, Siôn SIMON, Joachim SCHUSTER, Elena GENTILE

Draft opinion
Paragraph 5 a (new)

5a. Stresses the importance of the social partners and their expertise, and calls on the Commission and the Member States to involve and closely cooperate with them throughout the negotiations on TiSA, especially regarding the possible effects any trade agreement in services have on the labour market;

Amendment 68 #

Draft opinion
Paragraph 5 a (new)

5a. Asks for a clear definition of the workers included under the annex on Mode 4;

Amendment 69 #

Draft opinion
Paragraph 5 b (new)

5b. Expects the agreement, and especially the Annex on Mode 4, to contain provisions aimed at preventing exploitative labour relations for foreign workers and a safety clause allowing TiSA members to apply the necessary safeguards should pressure be put on domestic wages or should the rights of domestic workers be endangered;

Amendment 7 #

Draft opinion
Paragraph 1

1. Calls for all ILO core labour standards to be a compulsory element of EU trade agreements such as TiSA from the outset and stresses the need to ensure that TiSA includes comprehensive provisions aiming at the effective ratification, implementation and enforcement of the core conventions of the ILO and the Decent Work Agenda, with a commitment to promote higher levels of protection of labour and environmental standards and to combat all forms of social dumping;

Amendment 70 #

Draft opinion
Paragraph 6

~~6. Expects the agreement to include a clause making it possible to revise the liberalisation of services, particularly in the event of infringements of labour and social standards;~~deleted

Amendment 71 #

Joëlle MÉLIN, Dominique MARTIN, Mylène TROSZCZYNSKI

Draft opinion
Paragraph 6

6. ~~Expects the agreement to include a clause mak~~Calls on the Commission to be proactive ing it ~~possible to revise the liberalisation of services, particularly in the event of infringements of labour and social standards~~s negotiations, with a view to ensuring that a mechanism for the settling of disputes between signatory states is established so that proportionate penalties may be imposed on stakeholders who fail to uphold the social clauses of TiSA;

Amendment 72 #

Draft opinion
Paragraph 6

6. Expects the agreement ~~to include a clause making it possible to revise~~, if it is not rejected, to include a cut-off clause as regards the liberalisation of services, particularly in the event of infringements of labour and social standards;

Amendment 73 #

Draft opinion
Paragraph 6

6. Expects the agreement to include a clause making it possible to revisoke the liberalisation of services, particularly in the event of infringements of labour ~~and social standards~~, social and equality standards, including gender equality; therefore, also calls for the exclusion of ratchet and standstill clauses from the agreement;

Amendment 74 #

Marita ULVSKOG, Georgi PIRINSKI, Siôn SIMON, Joachim SCHUSTER, Elena GENTILE, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ, Maria ARENA, Guillaume BALAS, Edouard MARTIN

Draft opinion
Paragraph 6

6. ~~Expects~~Considers that the agreement musto include a clause making it possible to unilaterally amend and revierse the liberalisation of services, particularly in the event of infringements of labour and social standards;

Amendment 75 #

Draft opinion
Paragraph 6

6. Expects the agreement to include a clause making it possible to revise the liberalisation of services, and ensuring the possibility of a re-nationalisation and re- municipalisation of services, particularly in the event of infringements of labour and social standards;

Amendment 76 #

Draft opinion
Paragraph 6

6. Expects the agreement not to foresee a standstill clause and to include a clause making it possible to revise the liberalisation of services, particularly in the event of infringements of labour and social standards;

Amendment 77 #

Draft opinion
Paragraph 6

6. Expects the agreement to include a clause making it possible to revise the liberalisation of services, particularly in the event of infringements of labour and social standards; calls, moreover, for a monitoring system to be established to prevent any case of infringement;

Amendment 78 #

Draft opinion
Paragraph 6 a (new)

6a. Calls for the publication of statistical projections, constantly updated, on job losses and gains, by a potential agreement, so that timely intervention can be undertaken by the Commission to support affected regions or Member States, through allocations of Cohesion Policy funds and European Globalization Adjustment fund adapted and budgetary reinforced beforehand any conclusion of the agreement;

Amendment 79 #

Draft opinion
Paragraph 6 a (new)

6a. Calls for TiSA to ensure that EU SMEs will be able to profit without restriction, an aim to be achieved by creating good economic conditions for the export of services and a favourable, competition-driven, and sustainable business environment;

Amendment 8 #

Draft opinion
Paragraph 1

1. Calls for all ILO core labour standards to be a compulsory element of EU trade agreements such as TiSA from the outset and for the ILO Decent Work Agenda to be complied with;

Amendment 80 #

Enrique CALVET CHAMBON, Amjad BASHIR

Draft opinion
Paragraph 6 a (new)

6a. Calls for an increase in budget and scope of the European Globalisation Fund and for a Union minimum income scheme in order to face the adjustment and long term costs of the liberalisation of services in term of unemployment;

Amendment 81 #

Draft opinion
Paragraph 6 a (new)

6a. Expects that the particular obstacles faced by SMEs are taken into account specially because they are the biggest jobs creator;

Amendment 82 #

Draft opinion
Paragraph 6 b (new)

6b. To take further steps to open the public procurement market on all the TiSA negotiators countries; To grant contracts, companies must comply with the core labour and social standards of the ILO; Contracts should not be gained only based on the price, but this measures cannot function as a manner of trade barriers;

Amendment 83 #

Amjad BASHIR, Anthea McINTYRE, Jana ŽITŇANSKÁ, Zdzisław KRASNODĘBSKI

Draft opinion
Paragraph 6 c (new)

6c. Regulatory barriers such as the mandatory skills accreditation should be reduced, guarantying that professional services provided by lawyers, architects or engineers, for instance, are easily set between TiSA negotiators countries in order to enhance mobility and to create more jobs;

Amendment 84 #

Draft opinion
Paragraph 7

7. Calls ~~for~~on the ~~immediate publication of all documents relevant to TiSA, and urges that the European social partners be permitted to participate transparently in the negotiating process.~~Commission to ensure the highest level of transparency in the negotiations including by allowing access, where appropriate, to relevant texts, as well as organising consultation with the Parliament, citizens, businesses and other relevant stakeholders;

Amendment 85 #

Draft opinion
Paragraph 7

7. ~~Calls for the immediate publication of all documents relevant to TiSA, and urges that the European social partners be permitted to participate transparently in the negotiating process~~Highlights the efforts made by the Commission to make the negotiations as transparent as possible; stresses the importance of involving civil society and the social partners in the development of the European Union’s position; calls on the Commission to continue in this direction.

Amendment 86 #

Draft opinion
Paragraph 7

7. Calls for ~~the immediate publication of all documents relevant to TiSA, and urges that the European social partners be permitted to participate transparently in the negotiat~~a more transparent negotiation on the TiSA; The European social partners and civil society should contribute in a meaningful way in the negotiating process, in order to promote a more inclusive and relevant agreement and to avoid lack of understanding pfro~~cess.~~m public opinion;

Amendment 87 #

Draft opinion
Paragraph 7

7. Calls for ~~the immediate publication of all documents relevant to TiSA, and urges that the European soci~~continuing and stepping up, in line with the recommendations of the European Ombudsman on TTIP, ongoing efforts to increase transparency in the negotiations by the immediate publication of all documents relevant to TiSA, including negotiation proposals, especially consolidated negotiation texts; urges to reinforce continuous and transparent engagement with national pPar~~tners be permitted to participate transparently~~liaments and all relevant Ministries at Member State level; and to permit that all stakeholders, including the European social partners as well as civil society organisations are allowed to participate in the negotiating process.;

Amendment 88 #

Draft opinion
Paragraph 7

7. Calls for the immediate publication of all documents relevant to TiSA, and urges that the European social partners and civil society be permitted to participate transparently and actively in the negotiating process.

Amendment 89 #

Draft opinion
Paragraph 7

7. Calls for the immediate publication of all documents relevant to TiSA in order to improve the transparency of the negotiations, and urges that the European social partners be permitted to participate transparently in the negotiating process.

Amendment 9 #

Draft opinion
Paragraph 1

1. Calls for all ILO core labour standards to be a compulsory element of EU trade agreements such as TiSA from the outset, in addition to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (1990), to ensure that the prohibition of discrimination is complied with;

Amendment 90 #

Draft opinion
Paragraph 7

7. Calls for the immediate publication of all documents relevant to TiSA, and urges that the European social partners be permitted to participate transparently in the negotiating process; calls, likewise, for the promotion of ongoing comprehensive information on every stage of the negotiations.

Amendment 91 #

Draft opinion
Paragraph 7 a (new)

7a. Encourages all stakeholders to participate actively and to put forward initiatives, concerns, problematic issues and information relevant to the negotiations and urges the Commission to better take into account input from social partners and civil society;

Amendment 92 #

Draft opinion
Paragraph 7 b (new)

7b. Considers it as necessary to maintain the possibility of countries to apply economic needs tests;

Amendment 93 #

Draft opinion
Paragraph 7 c (new)

7c. Considers it as crucial that it will be possible to sue the dispute settlement mechanism in case countries do not ensure the compliance with their labour and social legislation, including collective agreements or in case they do not enforce fines imposed for infringements of the latter, as they have committed to do under the agreement;

Amendment 94 #

Draft opinion
Paragraph 7 d (new)

7d. Regrets that Parliament was not consulted before the Council adopted the mandate; considers this as a lost opportunity to make the negotiations as democratic as possible and to involve those who might be most affected from TiSA from the beginning on;

Amendment 95 #

Marita ULVSKOG, Georgi PIRINSKI, Siôn SIMON, Joachim SCHUSTER, Elena GENTILE, Maria ARENA

Draft opinion
Paragraph 7 a (new)

7a. Notes the intention of including a chapter in TiSA on the deployment of natural persons; is deeply concerned however about the current non-existence of statistics and data concerning the movement of natural persons (mode 4) under the already existing General Agreement on Trade in Services (GATS); underlines the importance of transparency for this category of service providers so as to monitor and avoid abuse and exploitation of third-country nationals, for example in the form of bogus self-employment; calls on the Commission to urgently collate and present information on the number and type of service providers, including the duration of their stay, entering the EU through GATS mode 4; calls furthermore for an EU Directive to harmonise and monitor the flow of third-country individual service providers coming into the EU through these provisions in order to establish the conditions of entry and stay of individual service providers;

Amendment 96 #

Marita ULVSKOG, Georgi PIRINSKI, Siôn SIMON, Joachim SCHUSTER, Elena GENTILE

Draft opinion
Paragraph 7 b (new)

7b. Underlines that any provisions concerning the deployment of natural persons or mode 4 provisions, must only concern highly skilled professionals, i.e. persons holding a University or equivalent Masters degree and employed in a senior managerial role, and the duration of their stay in the EU must be for a specific purpose, for a well determined, limited period of time and under precise conditions; therefore rejects any changes to the current mode 4 rules as defined in the GATS and considers that the current Directive 2014/66/EU on the conditions of entry and residence of third-country nationals in the framework of an intra- corporate transfer should be revised in order to avoid abuse and social dumping;

Amendment 97 #

Marita ULVSKOG, Georgi PIRINSKI, Siôn SIMON, Joachim SCHUSTER, Elena GENTILE

Draft opinion
Paragraph 7 c (new)

7c. Stresses that Member States must retain their full sovereignty as to whether or not to commit to any future Mode 4 provisions; underlines furthermore that any sectors included in these provisions must be identified together with and in full cooperation with the social partners;

Amendment 98 #

Marita ULVSKOG, Georgi PIRINSKI, Siôn SIMON, Joachim SCHUSTER, Elena GENTILE, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ, Maria ARENA

Draft opinion
Paragraph 7 d (new)

7d. Stresses that before making any new commitments on global trade in services, the Commission must present an extensive impact assessment of the effects on the economy and on the labour market of all current modes of GATS since its entry into force; calls furthermore on the Commission to as soon as possible present an impact assessment of TiSA with regards to working conditions, possible effects as to unfair competition and any eventual decline in certain sectors due to increased competition from third- countries;

source: 569.804

2015/10/21 REGI 135 amendments...

Amendment 1 #

Draft opinion
Paragraph -1 a(new)

-1a. Recognizes the value of services in the EU and worldwide;

Amendment 1 #

Draft opinion
Recital A

~~A. whereas the gender dimension of trade is often overlooked and gender equality is currently integrated only to a limited extent in trade policies and agreements;~~deleted

Amendment 10 #

Draft opinion
Paragraph 1 a (new)

1a. Stresses the importance of the EU acknowledging Protocol No 26 TFEU on Services of General Interest;

Amendment 10 #

Barbara MATERA

Draft opinion
Recital B

B. whereas Parliament ~~did not have the possibility to express its position before the Council adopted~~voted a motion for resolution on 04/07/2013 to express its position on the negotiating mandate for the Trade in Services Agreement (TiSA);

Amendment 11 #

Daniel BUDA

Draft opinion
Paragraph 2

2. Calls on the Commission to investigate and analyse the impact of TiSA on cohesion and local and regional governance in the EU; urges the Commission to collect and make available comprehensive and comparable data and to include territorial impact assessments; calls on the Commission to take into account, in the context of the TiSA negotiations, the priorities of the local and regional authorities regarding services;

Amendment 11 #

Draft opinion
Recital B a (new)

Ba. whereas the varying roles of women (consumers, employees, entrepreneurs) should be taken into account in the course of the trade agreement impact assessment;

Amendment 12 #

Draft opinion
Paragraph 2

2. ~~Calls on~~Invites the Commission to investigate and analyse the impact of TiSA on cohesion and local and regional governance in the EU; ursuggest the Commission to collect and make available comprehensive and comparable data and to include territorial impact assessments;

Amendment 12 #

Draft opinion
Recital B b (new)

Ba. whereas women around the world suffer in particular from the effects of climate change and some of whom, as a result, are forced to abandon their homes; notes that trade policy should prevent the causes of flight and should therefore be designed to be sustainable;

Amendment 13 #

Draft opinion
Paragraph 2

2. Calls on the Commission to investigate and analyse the impact of TiSA on cohesion and local and regional governance in the EU; urges the Commission to collect and make available comprehensive and comparable data and to include territorial impact assessments in order to ensure access to the goods and services market, to make trade faster and cheaper and increase investment opportunities at local and regional level;

Amendment 13 #

Draft opinion
Recital C

C. whereas ~~women are more dependent o~~an above-average number of women are employed in the public service or public service sector and, as users of these services, are more dependent on high-quality, affordable, conveniently located and demand-driven public services than men, particularly with regard to social services such as child care and care for the elderly; whereas reductions and cuts to public services, as well as price increases, tend to shift these care services onto unpaid women who, as a result, are unable to pursue insurable employment, or may only do so part-time;

Amendment 14 #

Draft opinion
Paragraph 2

2. Calls on the Commission to investigate and analyse the impact of TiSA on ~~cohesion~~the economic and lsocial ~~and regional governance in the EU~~cohesion of Member States; urges the Commission to collect and make available comprehensive and comparable data and to include territorial impact assessments;

Amendment 14 #

Draft opinion
Recital C

C. whereas women are ~~more dependent on~~working more in the public sector and tend to take a greater responsibility when referring to the use of public services than men, particularly with regard to social services such as child care and care for the elderly;

Amendment 15 #

Draft opinion
Paragraph 2

2. Calls on the Commission to ~~investigate and analyse th~~monitor the possible impact of TiSA on cohesion and local and regional governance in the EU~~; urges the Commission to collect and make available comprehensive and comparable data and to~~ throughout the negotiating process by includeing territorial impact assessments;

Amendment 15 #

Matthijs van MILTENBURG, Petras AUŠTREVIČIUS, Hannu TAKKULA

Draft opinion
Recital C a (new)

Ca. whereas a reduction or cuts in public services and provisions usually shifts labour, costs and risks to the unpaid care and household economy, which is predominantly female and will consequently hinder gender equality;

Amendment 16 #

Draft opinion
Paragraph 2

2. Calls on the Commission and especially the member state governments, which have given the Commission the mandate to negotiate, to investigate and analyse the impact of TiSA on cohesion and local and regional governance in the EU; urges the ~~Commission~~m to collect and make available comprehensive and comparable data and to include territorial impact assessments;

Amendment 16 #

Matthijs van MILTENBURG, Petras AUŠTREVIČIUS, Hannu TAKKULA

Draft opinion
Recital D

D. whereas TiSA ~~should on no account weaken the progress attained by the EU in gender equality~~is an opportunity for economic growth, the exchange of good practices and an incentive for compliance with high standards of human rights for all interested parties;

Amendment 17 #

Draft opinion
Paragraph 2 a (new)

2a. Stresses that the TiSA negotiations are a key opportunity to strengthen worldwide rules-based trade, which is essential for the EU's economy, as it is heavily dependent on trade;

Amendment 17 #

Draft opinion
Recital D

D. whereas TiSA's main purpose is to ensure the access to the goods and services market, in order to make trade faster and cheaper, in order to increase investment opportunities, and all these in order to guarantee economic growth and jobs for each of the parties, TiSA should on no account weaken the progress attained by the EU in gender equality;

Amendment 18 #

Draft opinion
Paragraph 2 a (new)

2a. Urges the Commission and the Member States to achieve an agreement that will be open and transparent, will respect EU standards, particularly regarding data protection, and will increase reciprocity in market access.

Amendment 18 #

Draft opinion
Recital D

D. whereas TiSA should on no account weaken the progress attained by the EU in gender equality, and should advance gender equality in other signatory states;

Amendment 19 #

Draft opinion
Paragraph 2 a (new)

2a. Calls for legal disputes affecting compliance with this agreement to be referred to the public courts at the place of the defendant's registered office, and for proceedings to be conducted in the defendant's language and governed by the laws in force in the defendant's country; underlines that the right of appeal must be safeguarded;

Amendment 19 #

Draft opinion
Recital D

D. whereas TiSA should on no account weaken the progress attained by the EU, or its Member States, in gender equality;

Amendment 2 #

Draft opinion
Paragraph -1 b (new)

-1b. Believes that liberalization of trade in services can improve efficiency in the EU private sector and promote regional growth;

Amendment 2 #

Draft opinion
Recital A

A. whereas the ~~gender dimension of trade is often overlooked and gender equality is currently integrated only to a limited extent in trade policies and agreement~~re is insufficient consensus on ways of integrating gender equality issues into trade policies and the TiSA public consultation made no reference to the demand for their greater consideration in the current negotiations;

Amendment 20 #

Draft opinion
Paragraph 2 a (new)

2a. Opposes the classification of municipal and regional provisions on land use and regional development or land-use plans as non-tariff barriers to trade;

Amendment 20 #

Draft opinion
Recital D a (new)

Da. whereas it is absolutely necessary to ensure that the same rights, working conditions, conditions of employment and salaries are given to all workers, and that this is equally guaranteed for people working in countries other than their origin;

Amendment 21 #

Draft opinion
Paragraph 2 a (new)

2a. In the absence of any territorial impact investigations and democratic debate, calls for the ongoing negotiations on the Trade in Services Agreement (TiSA) to be immediately suspended;

Amendment 21 #

Draft opinion
Recital D a (new)

Da. whereas TiSA is intended to set a new model for global trade, with 51 participants representing 70% of the world's trade in services, and it is crucial that any new global trade arrangements advance gender equality;

Amendment 22 #

Draft opinion
Paragraph 3

3. Recalls that the EU’s cohesion policy is its main investment tool not only for achieving the objectives of the Europe 2020 strategy, but also for addressing urgent socio-economic needs; ~~is of the strong opinion~~believes that its underlying principles and standards ~~must not be weakened~~should be respected and taken into account in the context of future trade agreements negotiated by the EU;

Amendment 22 #

Julie GIRLING

Draft opinion
Paragraph 1

1. Believes that in order for Parliament to be able to make an informed decision regarding consent, the Commission should perform a gender impact assessment as well as a fundamental rights impact assessment, on the basis of its reinforced assessment of the impact of new legislative proposals on fundamental rights and in order to guarantee that the EU is beyond reproach in upholding women’s rights;deleted

Amendment 23 #

Draft opinion
Paragraph 3

3. Recalls that the EU’s cohesion policy is its main investment tool ~~not only~~ for achieving the objectives of the Europe 2020 strategy~~, but also for addressing urgent socio-economic needs~~; is of the strong opinion that its underlying principles and standards must ~~not be weakene~~be upheld in the context of TiSA and future trade agreements negotiated by the EU;

Amendment 23 #

Draft opinion
Paragraph 1

Amendment 24 #

Draft opinion
Paragraph 3

3. Recalls that the EU’s cohesion policy is ~~its main~~only one of the investment tool ~~not only for achievi~~s, among othe ~~objectives of the Europe 2020 strategy, but also~~rs, used by Member States for addressing urgent socio-economic needs; is of the strong opinion that ~~its underlying~~the principles and standards established by Member States must not be weakened in the context of future trade agreements negotiated by the EU;

Amendment 24 #

Andrew LEWER, Remo SERNAGIOTTO, Tomasz Piotr PORĘBA

Draft opinion
Paragraph 1

1. ~~Believes that in order for Parliament to be able to make an~~Reminds the Commission of the need to ensure respect of the EU Charter for Fundamental Rights throughout the legislative process, with systematic fundamental rights checks that are necessary inf or~~med decision regarding consent,~~der to guarantee compliance of draft EU legislation with the Charter of Fundamental Rights; in this context, calls on the Commission ~~should~~to perform a specific gender impact assessment ~~as well as a fundamental rights impact assessment, on the basis of its reinforced~~, in order to guarantee that the EU is beyond reproach in upholding women´s rights; underlines that such a gender impact assessment ofand the ~~impact of new legislative proposals on fundamental rights and in order to guarantee that the EU is bey~~larger fundamental rights check that the Commission should perform, are essential for the Parliament to be able to arrive at an informed decisiond re~~proach in upholding women’s rights~~garding giving its consent to TiSA or not;

Amendment 25 #

Draft opinion
Paragraph 3

3. Recalls that the EU’s cohesion policy is its main investment tool not only for achieving the objectives of the Europe 2020 strategy, but also for addressing urgent socio-economic needs; is of the strong opinion that its underlying principles and standards must ~~not be weak~~therefore be strengthened inby the ~~context of future trade agreements negotiated by the EU~~negotiation of balanced deep and comprehensive FTAs;

Amendment 25 #

Draft opinion
Paragraph 1

1. Believes that in order for Parliament to be able to make an informed decision regarding consent, the Commission should perform a gender impact assessment as well as a fundamental rights impact assessment disaggregated on both gender, age and socioeconomic factors, on the basis of its reinforced assessment of the impact of new legislative proposals on fundamental rights and in order to guarantee that the EU is beyond reproach in upholding women’s rights;

Amendment 26 #

Draft opinion
Paragraph 3 a (new)

3a. Considers that the drafts proposals from the Commission, such as the horizontal reservation for a wide range of public services, the exclusion of sensitive sectors from EU liberalisation commitments, and also member states' right to regulate how services have to be supplied, are not able to adequately protect public services, since in some member states, many social, health and education services which are of general interest are privately funded or supported by a hybrid of public and private funding';

Amendment 26 #

Draft opinion
Paragraph 1

Amendment 27 #

Draft opinion
Paragraph 3 b (new)

3b. Regrets that the terminology concerning public services used in the different trade agreements currently being negotiated by the EU (CETA, TTIP and TiSA) is not consistent;

Amendment 27 #

Draft opinion
Paragraph 1

1. Believes that in order for Parliament to be able to make an informed decision regarding consent, the Commission ~~should~~must perform a gender impact assessment as well as a fundamental rights impact assessment in all phases of the trade agreement (negotiation, implementation, evaluation), on the basis of its reinforced assessment of the impact of new legislative proposals on fundamental rights and in order to guarantee that the EU is beyond reproach in upholding women’s rights;

Amendment 28 #

Draft opinion
Paragraph 4

4. Is concerned that the competences of local and regional authorities (LRAs), which are responsible for a large share of public investment under the EU’s cohesion policy and are also actively involved in the delivery of key public services across the territory, ~~will~~should not be limited by TiSA, ~~thus reducing their ability to foster local and regional development and to protect the general interest of their citizen~~as the EU and its member states should have the right to regulate service delivery and introduce new regulations in their territories to achieve their public policy objectives;

Amendment 28 #

Julie GIRLING

Draft opinion
Paragraph 1 a (new)

1a. Notes the need for a sustainability impact assessment with a gender- specific indicator which would promote women's rights within the framework of the Trade in Services Agreement;

Amendment 29 #

Draft opinion
Paragraph 4

Amendment 29 #

Draft opinion
Paragraph 1 a (new)

1a. stresses that the EU should continue to ensure a high level of protection of human rights, social rights, working conditions and environmental standards and that TiSA is a means for their successful expansion;

Amendment 3 #

Draft opinion
Paragraph -1 c (new)

-1c. Considers that this liberalization should respect the EU political, social and cultural model and the fundamental principles enshrined in the EU treaties;

Amendment 3 #

Draft opinion
Recital A

A. whereas the gender dimension of trade is often overlooked and gender equality is currently integrated only to a limited extent in trade policies and agreements; whereas the gender-specific consequences of progressive trade liberalisation have yet to be fully investigated;

Amendment 30 #

Draft opinion
Paragraph 4

4. Is concerned that the competences of local and regional authorities (LRAs), which are responsible for a large share of public investment under the EU’s cohesion policy and are also actively involved in the delivery of key public services across the territory, will be limited by TiSA, thus reducing their ability to foster local and regional development and to protect the general interest of their citizens; therefore hopes that these limitations will be taken into account during negotiations, and that every possible legislative variation will be considered that will guarantee full implementation of the EU’s cohesion policy and will ensure that local and regional authorities are free to act to protect the interests of their citizens, in accordance with the competences reserved for them by the EU Treaties.

Amendment 30 #

Draft opinion
Paragraph 1 a (new)

1a. Believes that the Commission should monitor and, three years after the entry into force of TiSA, evaluate the impact of the agreement on gender equality between men and women and on respect for fundamental human rights;

Amendment 31 #

Draft opinion
Paragraph 4

4. Is ~~concerned~~of opinion that the competences of local and regional authorities (LRAs), which are responsible for a large share of public investment under the EU’s cohesion policy and are also actively involved in the delivery of key public services across the territory, ~~will be limit~~should not be hampered by TiSA, as thuis would reduc~~ing~~e their ability to foster local and regional development and to protect the general interest of their citizens;

Amendment 31 #

Draft opinion
Paragraph 1 a (new)

1a. Recommends that Member States plan for further measures to help successfully implement the trade agreement, for instance comprehensive information campaigns for female founders and entrepreneurs, as well as networking platforms for the latter;

Amendment 32 #

Draft opinion
Paragraph 4

4. Is concerned that the competences of Member States and of local and regional authorities (LRAs), which are responsible for ~~a large share of~~ public investment under the EU’s cohesion policy and are also actively involved in the delivery of key public services across the territory, will be ~~limited by TiSA, thus reducing their ability to foster local and regional development and to protect the general interest of their citizens~~threatened by TiSA;

Amendment 32 #

Andrew LEWER, Remo SERNAGIOTTO

Draft opinion
Paragraph 1 b (new)

1b. Believes in any case that all Member States signatory to TiSA should commit themselves to ensuring respect for gender equality between men and women and respect for fundamental rights, with regards to the liberalisation and opening- up of national and local markets as well;

Amendment 33 #

Draft opinion
Paragraph 4

4. ~~Is concerned~~Reminds that the competences of local and regional authorities (LRAs), which are responsible for a large share of public investment under the EU’s cohesion policy and are also actively involved in the delivery of key public services across the territory, ~~will be limited by TiSA, thus reducing their ability to foster local and regional development and to protect the g~~must remain unaffected by EU trade agreements, as is already the case with agreements concluded with South Korea, Cenetral ~~interest of their citizen~~America and the Andean Countries;

Amendment 33 #

Matthijs van MILTENBURG, Petras AUŠTREVIČIUS, Hannu TAKKULA

Draft opinion
Paragraph 1 b (new)

1b. stresses the need to ensure utmost transparency of relevant texts, where appropriate to ensure the quality of the ongoing negotiations,

Amendment 34 #

Draft opinion
Paragraph 4

4. ~~Is concerned~~Stresses that the competences of local and regional authorities (LRAs), which are responsible for a large share of public investment under the EU’s cohesion policy and are also actively involved in the delivery of key public services across the territory, ~~will~~should not be limited by TiSA, ~~thus~~and should not reduc~~ing~~e their ability to foster local and regional development and to protect the general interest of their citizens;

Amendment 34 #

Draft opinion
Paragraph 1 c (new)

1c. Regrets that women are poorly represented within the European trade sector and in third country relations, and that scant attention is paid to ensuring that men and women have equal opportunities to access services;

Amendment 35 #

Draft opinion
Paragraph 4 a (new)

4a. Calls for the introduction of an unequivocal 'gold standard' clause, which could be included in all trade agreements and would clarify that the public utilities clause applies to all modes of supply and to any services considered as public services by European, national or regional authorities;

Amendment 35 #

Draft opinion
Paragraph 1 d (new)

1d. Regrets that the terminology used within the various trade agreements currently being negotiated by the EU (CETA, TTIP and TiSA) is not consistent;

Amendment 36 #

Draft opinion
Paragraph 4 a (new)

4a. Stresses that the special character of services in the water sector, such as production, distribution, treatment and wastewater disposal, makes it imperative that they remain under the responsibility of public authorities in the Member States and must not be impacted by external factors; urges the Commission to grant a legally binding guarantee that water services are solely bound to the Union acquis and not trade-able, in particular if EU funds are involved; urges the Commission to take the follow up to the European citizens' initiative Right2Water seriously and to take actions on the expressed concerns;

Amendment 36 #

Draft opinion
Paragraph 2

2. Regrets that Parliament was not consulted before the Council adopted the mandate; considers this a lost opportunity to make the negotiations as democratic ~~as possible~~ and to involve those who might be most affected by TiSA, for example women, from the very beginning;

Amendment 37 #

Draft opinion
Paragraph 4 b (new)

4b. Acknowledges with concern that the liberalisation of environmental services such as in the water sector can have negative impacts on economic, social and territorial cohesion; Considers crucial that TiSA includes a clause that enables countries to reverse the liberalisation of services;

Amendment 37 #

Barbara MATERA

Draft opinion
Paragraph 2

2. Regrets th~~at Parliament was not consulted before the Council adopted~~e fact that the Council did not wait for Parliament's view before granting the mandate; considers this a lost opportunity to make the negotiations as democratic as possible and to involve those who might be most affected by TiSA, for example women, from the very beginning;

Amendment 38 #

Daniel BUDA

Draft opinion
Paragraph 5

5. Opposes any encroachment on the discretionary power of LRAs with regard to services, as laid down in Article 14 of the TFEU and Protocol N°26 of the TFEU, especially through provisions on domestic regulation, standstill and ratchet clauses, as well as provisions on public procurement; calls, therefore, on the Commission to fully exclude public services, both publicly and privately funded, from the TiSA negotiations and to further strengthen flexibilities on the enforcement of commitments at local level, as laid down in GATS Article 1.3; insists on the establishment of clear rules regarding the impacts of the agreement at cross-border level and on worker mobility;

Amendment 38 #

Draft opinion
Paragraph 2 a (new)

2a. notes that the process thus far in preparing the TiSA negotiations sufficiently allowed for the participation of women in shaping the future agreement;

Amendment 39 #

Draft opinion
Paragraph 5

5. ~~Opposes any encroachment on the discretionary power of LRA~~Stresses the importance of public services and the need to respect the LRAs powers with regard to services, as laid down in Article 14 of the TFEU and Protocol N°26 of the TFEU, especially through provisions on domestic regulation, standstill and ratchet clauses, as well as provisions on public procurement; calls, therefore, on the Commission to ~~fully~~ exclude ~~public services, both publicly and privately funded, from the TiSA negoti~~current and future Services of General Interest as well as Services of General Economic Interest from the scope of application of TiSA, to ensure that nationsal and ~~to further streng~~if applicable local authorities retain then f~~lexibilities on the enforcement of commitments at local level, as laid down in GATS Article 1.3;~~ ull right to introduce, adopt, maintain or repeal any measures with regards to the commissioning, organization, funding and provision of public services as provided in the Treaties;

Amendment 39 #

Draft opinion
Paragraph 2 a (new)

2a. Calls for TiSA to include a specific section on protecting the rights of women and promoting their greater and more successful participation in trade and service activities, with the inclusion of a list of gender-specific indicators;

Amendment 4 #

Daniel BUDA

Draft opinion
Paragraph 1

1. Urges the Commission and the Member States to fully respect and pursue the objectives of economic, social and territorial cohesion as set out in Article 174 of the TFEU in the context of the ongoing negotiations on the Trade in Services Agreement (TiSA); calls on the Commission to give local and regional authorities the opportunity to regulate the terms of the TiSA Agreement;

Amendment 4 #

Draft opinion
Recital A

A. whereas the gender dimension of trade is often overlooked and gender equality is currently integrated only to a limited extent in trade policies and agreements; despite the fact that trade agreements impact differently on women and men due to gender inequalities across sectors;

Amendment 40 #

Draft opinion
Paragraph 5

5. Opposes any encroachment on the discretionary power of LRAs with regard to services, as laid down in Article 14 of the TFEU and Protocol N°26 of the TFEU, especially through provisions on domestic regulation, ~~standstill~~‘regulatory cooperation’, standstill, safeguard and ratchet clauses, as well as provisions on public procurement; calls, therefore, on the Commission to fully exclude public services, both publicly and privately funded, from the TiSA negotiations and to further strengthen flexibilities on the enforcement of commitments at local level, as laid down in GATS Article 1.3;

Amendment 40 #

Draft opinion
Paragraph 2 a (new)

2a. Reiterates that all trade agreements that the European Union negotiates must raise global social and environmental standards, advance a more fair and equitable global model of trade, and promote gender equality;

Amendment 41 #

Draft opinion
Paragraph 5

5. Opposes any encroachment on the discretionary power of LRAs with regard to services, as laid down in Article 14 of the TFEU and Protocol N°26 of the TFEU, especially through provisions on domestic regulation, standstill and ratchet clauses, as well as provisions on public procurement, in order to protect the right to create new public services in the future; calls, therefore, on the Commission to fully exclude public services, both publicly and privately funded, from the TiSA negotiations and to further strengthen flexibilities on the enforcement of commitments at local level, as laid down in GATS Article 1.3;

Amendment 41 #

Draft opinion
Paragraph 2 a (new)

2a. Calls on the Commission to increase coherence among different but interlinked policies, such as trade, development, employment, migration and gender equality, and to include the impact on women´s and girl´s rights, the rights to health, education, food, work and water;

Amendment 42 #

Draft opinion
Paragraph 5

5. Opposes any encroachment on the discretionary power of LRAs with regard to services, as laid down in Article 14 of the TFEU and Protocol N°26 of the TFEU, especially through provisions on domestic regulation, standstill and ratchet clauses, as well as provisions on public procurement; calls, therefore, on the Commission to fully exclude public services, both publicly and privately funded, from the TiSA negotiations and to further strengthen flexibilities on the enforcement of commitments at local level, as laid down in GATS Article 1.3Calls on the Commission to fully exclude public services, both publicly and privately funded, from the TiSA negotiations;

Amendment 42 #

Draft opinion
Paragraph 2 b (new)

2b. Calls for TiSA to include a review clause, in order that any decisions made concerning the liberalisation of services may be reconsidered, including in light of an evaluation having been carried out on respect for gender equality between men and women within trade agreements;

Amendment 43 #

Draft opinion
Paragraph 5

5. Opposes any encroachment on the discretionary power of LRAs with regard to services, ~~as laid down in Article 14 of the TFEU and Protocol N°26 of the TFEU,~~ especially through provisions on domestic regulation, standstill and ratchet clauses, as well as provisions on public procurement; calls, therefore, on the Commission to fully exclude public services, both publicly and privately funded, from the TiSA negotiations and to further strengthen flexibilities on the enforcement of commitments at local level, as laid down in GATS Article 1.3;

Amendment 43 #

Andrew LEWER, Remo SERNAGIOTTO

Draft opinion
Paragraph 3

3. Strongly recommends that the EU exercise its political will in order to fully exclude public services, and in particular all social services, both publicly and privately funded, from the scope of TiSA and to include a gold standard clause for these services in order to safeguard their quality;deleted

Amendment 44 #

Draft opinion
Paragraph 5

5. Opposes any encroachment on the discretionary power of LRAs with regard to services, as laid down in Article 14 of the TFEU and Protocol N°26 of the TFEU, especially through provisions on domestic regulation, standstill and ratchet clauses, as well as provisions on public procurement; calls, therefore, on the Commission to fully exclude public services, both publicly and privately funded, from the TiSA negotiations and to further strengthen flexibilities on the enforcement of commitments at local level, as laid down in GATS Article 1.3in particular on Services of General Interest, calls on the Commission to include reservations concerning public services, allowing Member States and local authorities to continue to manage;

Amendment 44 #

Barbara MATERA

Draft opinion
Paragraph 3

3. Strongly recommends that the EU exercise its political will in order to ~~fully exclude~~ensure that European, national and local authorities retain the full right to introduce, adopt, maintain or repeal any measures with regards to the commissioning, organisation, funding and provision of public services, and exclude in particular all social services, both publicly and privately funded, from the scope of TiSA and to include a gold standard clause for these services in order to safeguard their quality;

Amendment 45 #

Matthijs van MILTENBURG, Petras AUŠTREVIČIUS, Hannu TAKKULA

Draft opinion
Paragraph 5

5. Opposes any encroachment on the discretionary power of LRAs with regard to services, as laid down in Article 14 of the TFEU and Protocol N°26 of the TFEU, especially through provisions on domestic regulation, standstill and ratchet clauses, as well as provisions on public procurement; ~~call~~welcomes, therefore, onthe fact that the Commission ~~to fully~~has stated publically and repeatedly that it will exclude public services, both publicly and privately funded, from the TiSA negotiations ~~and to further strengthen flexibilities on the enforcement of commitments at local level, as laid down in GATS Article 1.3~~including those provided at the local level;

Amendment 45 #

Draft opinion
Paragraph 3

3. Strongly recommends that the EU exercise its political will in order to fully exclude public services and services of general public interest, and in particular all social services, both publicly and privately funded, from the scope of TiSA and to include a gold standard clause for these services in order to safeguard their quality; stresses in this regard the particular importance of the education and health sectors, the global liberalisation of which could prove to be catastrophic for women and girl’s access thereto;

Amendment 46 #

Draft opinion
Paragraph 5 a (new)

5a. Reiterates that the provision of services in the EU is based on the principles of universal access, quality, safety, affordability and equal treatment to be guaranteed at all times; demands that these characteristics must not be superimposed by divergent concepts;

Amendment 46 #

Draft opinion
Paragraph 3

3. Strongly recommends that the EU exercise its political will in order to fully exclude public services, and in particular all social services, be it at a European, national or regional level, both publicly and privately funded, from the scope of TiSA and to include a gold standard clause for these services within all trade agreements in order to safeguard their quality;

Amendment 47 #

Draft opinion
Paragraph 5 a (new)

5a. Calls for the establishment of a ‘positive list’ of those services and service sectors to be covered by the TiSA, instead of a ‘negative list’ of spheres excluded from the agreement;

Amendment 47 #

Draft opinion
Paragraph 3 a (new)

3a. Calls for the positive list approach towards TiSA, in which only those services which are expressly mentioned therein are subject to negotiation, and the exclusion of standstill and blackout clauses from the agreement;

Amendment 48 #

Draft opinion
Paragraph 5 b (new)

5b. Considers that the TiSA should impose only minimum standards and that the right to adopt and implement better standards should not be restricted, and calls for the country of destination principle to be upheld where standards for the provision of services differ;

Amendment 48 #

Draft opinion
Paragraph 3 b (new)

3b. Emphasises the importance of the renationalisation of services and the obligation to maintain high levels of social, employment and environmental standards;

Amendment 49 #

Draft opinion
Paragraph 5 b (new)

5b. Stresses that the agreement has to fully preserve the capacity of local, regional, national and European authorities to decide and regulate in the public interest; is concerned in regard to the envisaged "enhanced regulatory disciplines" and domestic regulation provisions of the agreement; demands that any provision of the agreement must not diminish the policy space of democratic bodies to maintain, apply and extend regulations in the public interest such as high standards for the protection of labour, environmental, consumer rights as well as universal service obligations; highlights that it has to be ensured that these standards cannot be deemed as unnecessary burdens to trade;

Amendment 49 #

Julie GIRLING

Draft opinion
Paragraph 4

4. Is concerned that the impact of TiSA might be gender biased; calls for the introduction of gender-sensitive flanking measures to deal with possible negative outcomes for women from the implementation of TiSA;deleted

Amendment 5 #

Draft opinion
Paragraph 1

1. ~~Urge~~Calls the Commission and the Member States to fully respect and pursue the objectives of economic, social and territorial cohesion as set out in Article 174 of the TFEU in the context of the ongoing negotiations on the Trade in Services Agreement (TiSA);

Amendment 5 #

Draft opinion
Recital A a (new)

Aa. whereas TiSA is an excellent opportunity for the further development of women's entrepreneurship;

Amendment 50 #

Draft opinion
Paragraph 5 c (new)

5c. opposes any encroachment on the sovereignty of the Member States and their local and regional authorities in the spheres of, inter alia, education, culture, theatre, libraries, museums, urban planning and landscaping, labour protection, environmental protection, data protection, social welfare and public health care, water supply, waste disposal, consumer standards, public procurement provisions and licensing;

Amendment 50 #

Draft opinion
Paragraph 4

Amendment 51 #

Barbara MATERA, Anna Maria CORAZZA BILDT

Draft opinion
Paragraph 5 d (new)

5d. Welcomes the explicit exclusion of audiovisual services from the negotiations, and calls for cultural services to be excluded likewise, in particular in the public and not-for-profit sectors, and advocates protection of cultural and linguistic diversity, paying particular attention to the interests of minorities, on the basis of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions;

Amendment 51 #

Draft opinion
Paragraph 4

Amendment 52 #

Draft opinion
Paragraph 5 e (new)

5e. Points out that it is not feasible to apply the principle of reciprocal market access for companies run by municipalities or regional authorities owing to their embeddedness in their own locality;

Amendment 52 #

Draft opinion
Paragraph 4

4. Is concerned that the impact of TiSA ~~might~~will be gender biased; calls for the introduction of gender-sensitive flanking measures to deal with possible negative outcomes for women from the implementation of TiSA;

Amendment 53 #

Draft opinion
Paragraph 5 f (new)

5f. Opposes restrictions to cross- subsidisation of undertakings or services under the same local authority where they exceed the restrictions existing under EU and national law;

Amendment 53 #

Draft opinion
Paragraph 4

4. Is concerned that the impact of TiSA might be gender biased; calls for the introduction of gender-sensitive flanking measures and financial resources to deal with possible negative outcomes for women from the implementation of TiSA;

Amendment 54 #

Draft opinion
Paragraph 5 g (new)

5g. Rejects necessity tests and the inclusion of vague legal concepts such as ‘unnecessary’ and ‘inappropriate’;

Amendment 54 #

Draft opinion
Paragraph 4 a (new)

4a. strongly recommends the inclusion of the gender perspective when it comes to the implementation of TiSA;

Amendment 55 #

Draft opinion
Paragraph 5 h (new)

5h. Calls for a revision clause to be included in the agreement, so that decisions on liberalisation of a service can be reversed at any time;

Amendment 55 #

Draft opinion
Paragraph 4 a (new)

4a. Emphasises the fact that many women are working as entrepreneurs in SME's without collective agreements or equivalent regulation regarding working conditions and remuneration as workers in the public sector, which must be taken into consideration as this leaves a vast population without adequate protection or rights;

Amendment 56 #

Draft opinion
Paragraph 6

6. ~~Urg~~Invites the Commission to launch a public consultation in order to involve and consult LRAs – alongside economic and social partners and civil society organisations – in the context of the TiSA negotiations as they will be the ones most affected.

Amendment 56 #

Draft opinion
Paragraph 4 a (new)

4a. Is concerned that this will lead to an increase in informal labour in the service sector, a rise in the number of precarious, unpaid and uninsured job positions, and, above all, circumstances whereby women feel compelled to accept this kind of employment; calls, at this juncture, for compliance with ILO core labour standards;

Amendment 57 #

Draft opinion
Paragraph 6

6. URecalls that not only is the obligation to provide consistent, high-quality public services an integral part of the European social model, but so is the right of citizens to exercise democratic control over said services, and thus urges the Commission to involve and consult LRAs – alongside economic and social partners and civil society organisations – in the context of the TiSA negotiations as they will be the ones most affected.

Amendment 57 #

Draft opinion
Paragraph 4 b (new)

4b. Furthermore calls for compliance with laws on equal treatment for men and women, in particular those relating to equal pay and anti-discrimination, with regards to both domestic and foreign service providers, and calls for sanctions in the event of non-compliance with these laws;

Amendment 58 #

Draft opinion
Paragraph 6

6. ~~Urges the Commission to involve and consult~~Acknowledges the progress in level of transparency of TiSA negotiations and calls on Commission to continue with its efforts to achieve greater level of transparency of the negotiating process; reiterates the importance for LRAs – alongside economic and social partners and civil society organisations – ~~in the context of the TiSA negotiations as they will be the ones most affected.~~to be consulted and included in the negotiating directives given their crucial role in regulation and delivery of public services;

Amendment 58 #

Draft opinion
Paragraph 4 c (new)

4c. Calls in this regard for the introduction of a legally binding human rights clause in TiSA which pays special attention to the rights of women and girls, and gender equality;

Amendment 59 #

Draft opinion
Paragraph 6

6. Urges the Commission to involve and consult LRAs – alongside economic and social partners and civil society organisations – in the context of the TiSA negotiations as they will be the ones most affected., but also in order to guarantee economic growth and jobs for all concerned;

Amendment 59 #

Draft opinion
Paragraph 4 d (new)

4a. Calls on the Commission to push for a section on sustainable and social development with regards to employment and environmental issues, which section verbalises not only ambitious objectives, but also objectives that are binding and enforceable and to which all undertakings, both domestic and foreign, must adhere;

Amendment 6 #

Draft opinion
Paragraph 1

1. Urges the Commission ~~and the Member States~~ to fully respect and pursue the objectives of economic, social and territorial cohesion as set out in Article 174 of the TFEU ~~in the context of the ongoing negotiations on the Trade in Services Agreement (TiSA)~~, together with the economic interests of sovereign Member States;

Amendment 6 #

Draft opinion
Recital A a (new)

Aa. whereas women are still under- represented in economic and political decision-making positions and are therefore less able to influence decisions, such as those concerning trade policy, which actually affect them directly;

Amendment 60 #

Draft opinion
Paragraph 6

6. ~~Urges~~Calls on the Commission to ~~involve and consult LRAs – alongside economic and social partners and civil society organisations –~~send all the necessary information to the national authorities of each Member State, in the context of the ~~TiSA~~ negotiations ~~as they will be the ones most affected~~.

Amendment 60 #

Andrew LEWER, Remo SERNAGIOTTO, Tomasz Piotr PORĘBA

Draft opinion
Paragraph 5

5. Asks the Commission and the Member States to ~~develop their capacity for~~ collect~~ing~~ gender-segregated statistics ~~and for conducting gender impact analysis of all~~to better assess the impact of trade policies and agreements on gender equality.

Amendment 61 #

Draft opinion
Paragraph 6

6. Urges the Commission to involve and consult LRAs – alongside economic and social partners and civil society organisations – in the context of the TiSA negotiations so as t~~hey will be the ones most affected~~o ensure their participation in ongoing negotiations; in this vein, welcomes the establishment by the Commission of Civil Society Dialogue meetings and ongoing efforts to make the EU's position in the TiSA talks as transparent as possible.

Amendment 61 #

Draft opinion
Paragraph 5

5. Asks the Commission and the Member States to develop their capacity for collecting gender-segregated statistics and for conducting gender impact analysis of all trade policies and agreements, and to implement positive discrimination measures, such as preferential treatment when one of the genders is underrepresented.

Amendment 62 #

Draft opinion
Paragraph 6 a (new)

6a. Proposes that, instead of a "negative list" of spheres excluded from the agreement, a "positive list" of policy areas to be covered by the TiSA should be presented, in order to enhance transparency and accountability.

Amendment 62 #

Draft opinion
Paragraph 5

5. Asks the Commission and the Member States to develop their capacity for collecting gender-sedisaggregated statistics and for conducting gender impact analysis of all trade policies and agreements.

Amendment 63 #

Draft opinion
Paragraph 6 a (new)

6a. Calls for continuing and stepping up, in line with the recommendations of the European Ombudsman on TTIP, on- going efforts to increase transparency in the negotiations by the immediate publication of all documents relevant to TiSA, including negotiation proposals, especially consolidated negotiation texts.

Amendment 63 #

Draft opinion
Paragraph 5 a (new)

5a. Asks the Commission to guarantee that ecological and social criteria, including gender equality criteria, can be applied in awarding public procurement contracts.

Amendment 64 #

Draft opinion
Paragraph 6 b (new)

6b. Considers, that in the Domestic Annex regulation, the concept of 'discriminating regulation' may reduce the scope of action of the National and Regional legislator and calls thus for a clear definition of the terms 'objective' and 'not more burdensome than necessary' when referred to the measures of general application affecting trade in services.

Amendment 64 #

Draft opinion
Paragraph 5 a (new)

5a. Asks on the Commission to ensure that where TiSA addresses the ICT services, it is compatible with increasing women's representation in the sector.

Amendment 65 #

Draft opinion
Paragraph 6 c (new)

6c. Calls for the exclusion of the Domestic Regulation Annex from TiSa.

Amendment 65 #

Draft opinion
Paragraph 5 a (new)

5a. Calls for the EU to adopt an approach where human, labour, consumer and environmental rights should guide transnational and national trade and investment, not the other way around.

Amendment 66 #

Draft opinion
Paragraph 5 a (new)

5a. Is concerned that unforeseen interactions will arise between the various trade agreements which could have negative repercussions for the employment situation and everyday life of women, for example.

Amendment 67 #

Draft opinion
Paragraph 5 b (new)

5b. Calls for continuing and stepping up, in line with the recommendations of the European Ombudsman on TTIP, ongoing efforts to increase transparency in the negotiations by the immediate publication of all documents relevant to TiSA, including negotiation proposals, especially consolidated negotiation texts; urges to reinforce continuous and transparent engagement with national Parliaments and all relevant Ministries at member state level; and to permit that all stakeholders, including civil society organisations, especially women's organisations, as well as the European social partners are allowed to participate in the negotiating process.

Amendment 68 #

Draft opinion
Paragraph 5 b (new)

5b. Emphasises that the EU must maintain policy coherence for development as well as gender, and the Commission must therefore include these considerations in its impact assessments, and ensure that TiSA does not negatively impact sustainable development, and specifically women's empowerment through development cooperation.

Amendment 69 #

Draft opinion
Paragraph 5 b (new)

5b. Believes that TiSA can mean a backlash for gender equality in Europe and weaken women´s rights e.g. the dismantling of public services will shift labour, costs and risks to the unpaid care and household work, which will foremost affect women who are predominant in this sector, and who are more dependent on public services such as child care or care for elderly.

Amendment 7 #

Draft opinion
Paragraph 1

1. UAcknowledges the need for an update of outdated existing GATS-discipline and for facilitation of trade in new services; at the same urges the Commission and the Member States to ~~fully respect and pursue~~defend the objectives of economic, social and territorial cohesion as set out in Article 174 of the TFEU in the context of the ongoing negotiations on the Trade in Services Agreement (TiSA);

Amendment 7 #

Draft opinion
Recital A b (new)

Ab. whereas the success of trade policy should be judged on whether it positively impacts both genders equally, and therefore the various and complex effects on the genders must be studied, analysed and involved from the preliminary stages; notes that the precautionary principle should serve as the basis in this case as well;

Amendment 70 #

Andrew LEWER, Remo SERNAGIOTTO

Draft opinion
Paragraph 5 c (new)

5c. Considers it as crucial that the agreement includes a clause that enables countries to reverse the liberalisation of services, especially if it turns out that the liberalisation has negative effects on women; therefore, also calls for a positive list as well as for the exclusion of ratchet and stand still clauses from the agreement.

Amendment 8 #

Draft opinion
Paragraph 1

1. UWelcomes the continued negotiations for the Trade in Services Agreement (TiSA), which should focus not only on providing EU businesses and consumers with new market access opportunities, but also on creating new and enhanced regulatory disciplines, while remaining WTO compatible and open to multilateralisation; notes that employment growth in the EU from 2015 to 2025 will be driven by service sector jobs, with 90 per cent of new jobs in the EU in service sectors, especially in higher-skilled such as professional services, business services and computing; notes also that services make up around 70 per cent of the EU economy, underlining the crucial relevance of finding new market access opportunities for service exports in third countries; urges the Commission and the Member States to fully respect and pursue the objectives of economic, social and territorial cohesion as set out in Article 174 of the TFEU in the context of the ongoing negotiations on the Trade in Services Agreement (TiSA);

Amendment 8 #

Matthijs van MILTENBURG, Petras AUŠTREVIČIUS, Hannu TAKKULA

Draft opinion
Recital A c (new)

Ac. whereas trade agreements must as a matter of principle contain an equity dimension with the aim of reducing poverty, pushing forward sustainable development and promoting genuine equality worldwide; trade policy must actively support these objectives and should not force people into flight;

Amendment 9 #

Draft opinion
Paragraph 1 a (new)

1a. Supports the negotiations on the Trade in Services Agreement, noting that services are increasingly important to the EU's economy and that while the European market is already very open, these negotiations present an important opportunity to achieve reciprocity with other markets which are more closed and thereby stimulate jobs and growth in the EU;

Amendment 9 #

Fabio DE MASI, Marisa MATIAS, Matt CARTHY

Draft opinion
Recital A d (new)

Ad. whereas gender relations influence all economic activities and processes and are reflected in matters concerning labour, employment and salary; whereas women continue to be discriminated against on a structural level and the gender pay gap, for example, still exists in all corners of the world; whereas the gender pay gap is also used as a competitive advantage, but a trade agreement should work to stop this;

source: 569.842

2015/10/23 ECON 73 amendments...

Amendment 1 #

Draft opinion
Paragraph 1 – point a

(a) to ~~mak~~exclude financial services one of the EU’s priorities in the TiSA negotiations, as the EU’s own market for those services is already comparatively open; to ensure that, in the area of financial services, no new commitments will be taken on that would jeopardise EU financial regulation, and that EU regulators retain the ability to authorise or deny any new financial productfrom the TISA negotiations by adding them in the text proposed by INTA rapporteur Reding in Article 1 (b) i., as is stands the EU’s own market for those services is already comparatively open and regulation and supervision reforms, including of cross- border financial operators still have to be assessed for their effectiveness to avoid another crisis;

Amendment 10 #

Draft opinion
Paragraph 1 – point a a (new)

(aa) to ensure that the agreement contains ambitious yet balanced disciplines and provisions covering the supply of insurance and insurance related services as well as banking and other financial services across all modes of supply;

Amendment 11 #

Draft opinion
Paragraph 1 – point a a (new)

(aa) To ensure financial services commitments taken during the TiSA negotiations would not undermine financial and economic stability or set legal coverage for excessive risk taking or speculative behaviour from financial institutions;

Amendment 12 #

Matt CARTHY, Fabio DE MASI, Marisa MATIAS

Draft opinion
Paragraph 1 – point a b (new)

(ab) to negotiate provisions that ensure that financial service suppliers of any one Party established in its territory of another are accorded most favoured nation treatment and national treatment as regards the purchase or acquisition of financial services by public entities;

Amendment 13 #

Draft opinion
Paragraph 1 – point b

(b) to ensure that ~~TiSA results in limiting market access reservations to duly justified exceptions and in a commitment by all parties to a standstill on nation~~, in the area of financial services, no new commitments will be taken on that would jeopardise any existing or future EU financial tre~~atment, and thereby to defend the position that market openness will not prevent the introduction of new measures for prudential reasons or the modification of existing domestic disciplines~~gulation, and that EU regulators retain the ability amongst others to authorise or deny any new financial product, to ban certain financial products, and to impose certain legal forms (e.g. restructuring requirements);

Amendment 14 #

Draft opinion
Paragraph 1 – point b

(b) to ~~ensure that TiSA results in limiting market access reservations to duly justified exceptions and in a commitment by all parties to a standstill on national treatment, and~~reject any form of negative list or hybrid approach and ensure that under TiSA, market access and national treatment obligations entered into will be based on the positive list approach and that all parties will retain the right to impose new restrictions, limits, or conditions on services, thereby to defending the position that ~~market openness~~TiSA will not prevent the introduction of new measures for prudential reasons or the modification of existing domestic disciplines;

Amendment 15 #

Matt CARTHY, Fabio DE MASI, Marisa MATIAS

Draft opinion
Paragraph 1 – point b

(b) to ensure that TiSA results in ~~limiting~~ market access reservations to duly justified ~~exceptions and in a commitment by all parties to a standstill on national treatment~~, and thereby to defend the position that ~~market openness~~any commitment will not prevent the introduction of new measures for prudential reasons or the modification of existing domestic disciplines; and that countries can also apply them extraterritorially to their own firms and their activities as well as to firms operating in their territories; to ensure that TISA provisions under negotiation do not endanger EU data protection standards in particular regarding data transfers in the financial sector;

Amendment 16 #

Draft opinion
Paragraph 1 – point b

(b) to ensure that TiSA results in ~~limit~~allowing market access reservations t~~o duly~~hat are justified ~~exceptions and in a commitment by all parties to a standstill on national treatment~~for prudential, economic and sustainability reasons and that no commitment to a standstill or ratchet clauses on national treatment and market access is taken, and thereby to defend the position that market openness rules and commitments will not prevent the introduction of new measures for prudential reasons or the modification of existing domestic disciplines;

Amendment 17 #

Anneliese DODDS

Draft opinion
Paragraph 1 – point b

(b) to ensure that TiSA results in limiting market access reservations to duly justified exceptions and in a commitment by all parties to a standstill on national treatment, and thereby to defend the position that market openness will not prevent the introduction of new measures for prudential reasons or the modification of existing domestic disciplines; to ensure that TiSA includes a clear commitment to stepping up the implementation and application of international regulatory and supervisory standards in the financial sector;

Amendment 18 #

Draft opinion
Paragraph 1 – point b

(b) to ensure that TiSA results in limiting market access reservations to duly justified exceptions and in a commitment by all parties to a standstill ~~on national treatment~~, but no ratchet clause, on national treatment, which should help to achieve a better level- playing field, and thereby to defend the position that market openness will not prevent the introduction of new measures for prudential reasons, covering consumers as well, or the modification of existing domestic disciplines;

Amendment 19 #

Draft opinion
Paragraph 1 – point b a (new)

(ba) Expects that the particular obstacles faced by SMEs are taken into account, notably regarding investment specific barriers;

Amendment 2 #

Draft opinion
Paragraph 1 – point a

(a) to ~~mak~~exclude financial services ~~one of the EU’s priorities in the TiSA negotiations, as the EU’s own~~from the TiSA negotiations by invoking the general exception clause, as the market for those services is already ~~comparatively~~too open; to ensure that, in the area of financial services, no new commitments will be taken on that would jeopardise EU financial regulation, and that EU regulators and Member States retain the ability to authorise or deny any new financial product and remain free to pursue the priority of tightening up regulation and supervision of the banking and financial sector;

Amendment 20 #

Draft opinion
Paragraph 1 – point b a (new)

(ba) considers that the GATS prudential carve out contained in the annex on financial services has functioned well and without issue in ensuring that governments retain the ability to take actions necessary to maintain the stability and integrity of the financial system and should, notwithstanding any other provision of the agreement, be mirrored by provisions in TiSA;

Amendment 21 #

Draft opinion
Paragraph 1 – point b a (new)

(ba) to call for the inclusion of a safeguard clause based on a broad, clear, and unambiguous definition of prudential measures, including restrictive measures to thwart financial speculation and prevent toxic and high-risk products from gaining access and circulating; to ensure in that way that Member States will be fully entitled to adopt restrictive measures departing from TiSA provisions where such action is warranted by the need to protect the general interest and pursue economic and social objectives, including protection of consumers and end-users of banking and financial services, financial stability, fair competition, the effectiveness of fiscal supervision, and minimisation of social costs;

Amendment 22 #

Draft opinion
Paragraph 1 – point b b (new)

(bb) to include provisions covering Mode IV supply that allow for the temporary movement of highly qualified professionals across borders for a specific purpose, for a limited period of time, and under condition stipulated by a contract and domestic legislation, while recognising that TiSA does not apply to measures affecting natural persons seeking access to the employment market of a party, nor measures regarding citizenship residence or employment on a permanent basis;

Amendment 23 #

Draft opinion
Paragraph 1 – point b b (new)

(bb) To take further steps to open the public procurement market on all the TiSA negotiators countries; To grant contracts, companies must comply with the core ‘gold standards’; Contracts should not be only based on the price, but additional criteria should not create barriers to trade;

Amendment 24 #

Draft opinion
Paragraph 1 – point b b (new)

(bb) to refrain from including standstill and ratchet clauses, thereby ensuring that Member States will have a sovereign right to adopt new regulatory measures and impose stricter requirements or limits on banking and financial products and services;

Amendment 25 #

Draft opinion
Paragraph 1 – point b c (new)

(bc) Regulatory and investment specific barriers, specially for professional services, must be reduced in order to enhance mobility; Calls to the Commission to establish in an efficient way one-stop-shops to help SMEs to exchange services between markets;

Amendment 26 #

Draft opinion
Paragraph 1 – point b c (new)

(bc) to ensure the utmost transparency in the negotiations and eliminate any secrecy requirement applying to negotiating documents;

Amendment 27 #

Draft opinion
Paragraph 1 – point c

~~(c) to put stronger pressure on other negotiating parties to accept China’s request to join the negotiations, and to continue offering this path to other BRICS countries;~~deleted

Amendment 28 #

Draft opinion
Paragraph 1 – point c

~~(c) to put stronger pressure on other negotiating parties to accept China’s request to join the negotiations, and to continue offering this path to other BRICS countries;~~deleted

Amendment 29 #

Matt CARTHY

Draft opinion
Paragraph 1 – point c

~~(c) to put stronger pressure on other negotiating parties to accept China’s request to join the negotiations, and to continue offering this path to other BRICS countries;~~deleted

Amendment 3 #

Draft opinion
Paragraph 1 – point a

(a) to ~~make financial services one of the EU’s priorities in~~acknowledge that the stabilisation of the financial markets necessarily goes hand in hand with putting a limitation to the size of financial service providers and hence to ensure that EU withdraws from the TiISA negotiations~~, as the EU’s own market for those services is already comparati~~ if there is no clear and explicit undertaking by the parties, to refrain from additional market access commitments for financial services, at least until an impact assessment of past liberalisation on the causes of the financial crisis has not been carried out since interconnectedness, complexity and excessively big entities generate and spread systemic risks and represent a threat to financial stability; and at the velry ~~open;~~least to ensure that, in the area of financial services, no new commitments will be taken on that would jeopardise EU financial regulation, and its effective right to further regulate with the aim of protecting the public interest while refraining from resorting to a necessity test for regulatory measures or placing the burden of proof on the side of the regulator, and in particular that EU regulators retain the ability to authorise or deny any ~~new~~ financial product and require certain legal forms for undertakings such as a structural reform or size caps on banks and other financial groups and entities;

Amendment 30 #

Tibor SZANYI

Draft opinion
Paragraph 1 – point c

(c) to ~~put stronger pressure on other negotiating parties to accep~~continue to support China’s request to join the negotiations, and to ~~continue~~ offer~~ing~~ this path to other BRICS countries;

Amendment 31 #

Draft opinion
Paragraph 1 – point c

(c) to put stronger pressure on ~~other~~ negotiating parties to ~~accept China’s request to join the negotiations, and to continue offering this path to other BRICS countrie~~continue offering BRICS countries to join negotiations;

Amendment 32 #

Draft opinion
Paragraph 1 – point c

(c) to put stronger pressure on other negotiating parties to accept China’s request to join the negotiations, provided that China is prepared to match the ambition of the parties and agree to provisions already agreed and to continue offering this path to other BRICS countries;

Amendment 33 #

Draft opinion
Paragraph 1 – point c

(c) to put stronger pressure on other negotiating parties to accept China’s request to join the negotiations, and to continue offering this path to other BRICS countries; to stress that TiSA is obviously not meant to alter or substitute the works of international organisations and fora that adopt recommendations and set standards for the financial sector across the globe;

Amendment 34 #

Draft opinion
Paragraph 1 – point c a (new)

(ca) to encourage new parties to join the TiSA negotiations, even if the talks already include countries such as the EU, USA and Japan that are responsible for the bulk of word trade in financial services; to pursue, in order to deliver very substantial results for the EU, in- depth commitments (in particular on market access) from countries that currently have no bilateral trade deals with the EU, such as the Australia, Hong Kong, Taiwan, or very limited commitment at the multilateral level, for example Chile and Turkey, or very limited bilateral commitments on financial services, such as Mexico;

Amendment 35 #

Draft opinion
Paragraph 1 – point c a (new)

(ca) to refrain from including the principle of most favoured nation treatment in the TiSA negotiations;

Amendment 36 #

Matt CARTHY, Marisa MATIAS

Draft opinion
Paragraph 1 – point d

(d) to ensure that the TiSA in no way hinders the ~~negotiating agenda of the WTO, but, rather, fosters a valuable discussion on establishing ‘gold standards’ for tackling trade obstacl~~agenda for structural reform of the international financial and economic system, but, rather, fosters a valuable discussion on practical steps to avert financial instability and new crises and on developing regulatory best practices for financial services and combating tax havens, tax avoidance, tax fraud, and tax evasion, organised crime, and corruption, and also prepares the ground for its possible adoption at multilateral level;

Amendment 37 #

Draft opinion
Paragraph 1 – point d

(d) to ensure that the TiSA in no way hinders the negotiating agenda of the WTO, but, rather, fosters a valuable discussion on ~~establishing ‘gold standards’ for tackling trade obstacles and developing regulatory best practices for financial servic~~regulatory best practices for financial services which promote economic and sustainability objectives, and also prepares the ground for ~~its~~their possible adoption at multilateral level;

Amendment 38 #

Draft opinion
Paragraph 1 – point d

(d) to ensure that the TiSA in no way hinders the negotiating agenda of the WTO, but, rather, fosters a valuable discussion on establishing ‘gold standards’ ~~for tackling~~that do not undermine economic and sustainable objectives for addressing unjustified trade obstacles and for developing regulatory best practices for financial services, and also prepares the ground for its possible adoption at multilateral level;

Amendment 39 #

Tibor SZANYI

Draft opinion
Paragraph 1 – point d

(d) to ensure that the TiSA in no way hinders the negotiating agenda of the WTO, but, rather, fosters ~~a valuable discussion on~~the establish~~ing~~ment of ‘gold standards’ for tackling trade obstacles and developing regulatory best practices for financial services, and also prepares the ground for its possible adoption at multilateral level;

Amendment 4 #

Draft opinion
Paragraph 1 – point a

(a) to make financial services one of the EU’s priorities in the TiSA negotiations, as the EU’s own market for those services is already comparatively open; to ensure that, in the area of financial services, no new commitments will be taken on that would jeopardise EU financial regulation, and that EU regulators retain the ability to authorise or deny any new financial product and to achieve an agreement that brings value to consumers in the form of a broader choice of financial services and enhanced consumer protection, thanks to a more globally-harmonised approach to trade in financial services that allows a level- playing field and prevent the transmission of systemic risks; to ensure that, in the area of financial services, no new commitments will be taken on that would jeopardise EU financial regulation by forcing the EU to turn back on its enhanced regulatory framework of the financial sector, and that EU regulators retain the ability to authorise or deny any new financial product after a thorough assessment of the risks that the introduction of such products or services would generate in the Union;

Amendment 40 #

Draft opinion
Paragraph 1 – point d

(d) to ensure that the TiSA in no way hinders the negotiating agenda of the WTO, but, rather, fosters a valuable discussion on establishing ‘gold standards’ for tackling trade obstacles and developing regulatory best practices for financial services, and also prepares the ground for its possible adoption at multilateral level, provided that China is prepared to match the ambition of the parties and agree to provisions already agreed;

Amendment 41 #

Matt CARTHY, Fabio DE MASI, Marisa MATIAS

Draft opinion
Paragraph 1 – point d

(d) to ensure that the TiSA in no way hinders the negotiating agenda of the WTO, but, rather, fosters a valuable discussion on establishing ‘gold standards’ for tackling trade obstacles and developing regulatory best practices for financial services, and also prepares the ground for its possible adoption at multilateral level, by building on rules already existing at the multilateral level;

Amendment 42 #

Draft opinion
Paragraph 1 – point e

(e) to urge the negotiating parties to e~~stablish a binding high-level~~nsure that the framework for the domestic regulation of financial services is based on the needs to make financial sector resilient and serve the needs of the economy and the society, and not repeat the WTO’s GATS Annex on Financial Services, ~~as well as~~nor make deeper commitments based on the sui generis Understanding on Commitments in Financial Services;, and at least not repeating phrases of the Understanding such as No Member shall take measures that prevent transfers of information or the processing of financial information, including transfers of data by electronic means (Understanding Art. 8) and ‘Art. 10. Each Member shall endeavour to remove or to limit any significant adverse effects on financial service suppliers of any other Member of: [...] (b.) non-discriminatory measures that limit the expansion of the activities of financial service suppliers into the entire territory of the Member;[...] (d) other measures that, although respecting the provisions of the Agreement, affect adversely the ability of financial service suppliers of any other Member to operate, compete or enter the Member’s market’.

Amendment 43 #

Draft opinion
Paragraph 1 – point e

(e) to urge the negotiating parties to establish aminimum binding high-level framework for the domestic regulation of financial services ~~based on the WTO’s GATS Annex on Financial Services, as well as deeper commitments based on the sui generis Understanding on Commitments in F~~that do not replicate the GATS prudential carve-out so as to allow parties to deviate from their trade commitments when this is necessary for prudential reasons and that clearly establish that: - the right to regulate should explicitly prevail over other provisions; - no recourse should be foreseen for a necessity test; - the closed list of public policy objectives under GATS Article XIV should be enlarged so as to fully integrate key objectives linked to other international treaties such as inter alia the fight against climate change and the reduction of systemic risks embedded in the financial system and more broadly in the different markets, as well as the inclusion of ‘consumer protection’ and ‘social and environmental goals’ as legitimate purposes; - a party may require the registration of cross-border financial Sservice suppliers of another other Party and of financial instruments;

Amendment 44 #

Draft opinion
Paragraph 1 – point e

(e) to urge the negotiating parties to establish a binding high-level framework for ~~the domestic~~minimum global regulation of financial services based on the ~~WTO’s GATS Annex on Financial Services, as well as deeper commit~~G20 reform agenda and the recommendations issued by regulatory bodies such as the Financial Stability Board (FSB) and the International Organisation of Securities Commissions (IOSCO), as well as to ensure that national parliaments, b~~ased on~~ othe s~~ui generis Understanding on Commitments in Financial Service~~ides of industry and civil society representatives are actively involved in the negotiations;

Amendment 45 #

Draft opinion
Paragraph 1 – point e

(e) to urge the negotiating parties to establish a binding high-level framework for the domestic regulation of financial services b~~ased~~uilding on the WTO’s GATS Annex on Financial Services, which already covers all TiSA parties as WTO members, as well as deeper commitments based on the sui generis Understanding on Commitments in Financial Services, which is not mandatory for WTO members and therefore only cover a very limited set of TiSA parties; to set as an absolutely necessary pre-condition for the chapter on financial services of TiSA to include the prudential carve-out laid down in Article 2(a) of the GATS Annex on Financial Services, which preserves the sovereign right of parties to adopt measures for prudential reasons, to the extent that the said measures do not aim at escaping other commitments; to take action in order for the key elements of the said Understanding, such as the specific provisions on data transfer and non- discriminatory access to clearing systems to be taken over in TiSA;

Amendment 46 #

Draft opinion
Paragraph 1 – point e

(e) to urge the negotiating parties to establish a ~~binding high-level~~ framework for the domestic regulation of financial services based on the WTO’s GATS Annex on Financial Services, as well as deeper commitments based on the sui generis Understanding on Commitments in Financial Services;

Amendment 47 #

Draft opinion
Paragraph 1 – point e a (new)

(ea) Take immediate action to include measures to mitigate aggressive tax planning as well as double taxation; tends to ensure that taxes are paid in the country where the added value is generated;

Amendment 48 #

Draft opinion
Paragraph 1 – point e b (new)

(eb) take immediate action to ensure that specific needs of SMEs are fully taken into account;

Amendment 49 #

Draft opinion
Paragraph 1 – point f

(f) to lay down, in the regulatory chapter on financial services and inter alia, strong transversal rules on regulatory transparency ~~and solutions for ensuring respect of national treatment for cross- border suppliers too.~~, which is key for the capacity and the confidence of financial services providers to establish themselves abroad or to provide services to third-country customers, and solutions for ensuring respect of national treatment for cross- border suppliers too, building on the Article 3 of the GATS Annex on Financial Services; to that end, to take immediate action in order to bring closer the different ways in which countries currently recognise the equivalence of regulatory and supervisory regimes of other jurisdictions, which is causing currently fragmentation of global financial services markets, by achieving a common understanding that an equivalence decision should be the result of a transparent assessment on whether each jurisdiction’s rules achieve the same objectives and that, though such a decision should follow early and frequent bilateral dialogues, it can be unilateral when mutual recognition is not possible;

Amendment 5 #

Tibor SZANYI

Draft opinion
Paragraph 1 – point a

Amendment 50 #

Draft opinion
Paragraph 1 – point f

(f) to lay down, in the regulatory chapter on financial services and inter alia, strong ~~transversal~~ rules on regulatory transparency ~~and solutions for ensuring respect of national treatment for cross- border suppliers too.~~;

Amendment 51 #

Matt CARTHY, Marisa MATIAS, Fabio DE MASI

Draft opinion
Paragraph 1 – point f

(f) to lay down, in the regulatory chapter on financial services ~~and inter alia,~~ strong transversal rules on regulatory transparency ~~and solutions for ensuring respect of national treatment for cross- border suppliers too.~~that do not undermine due and established democratic processes and ensure access by all stakeholders and a balance between the interests of diverse stakeholders while protecting the public interest;

Amendment 52 #

Draft opinion
Paragraph 1 – point f

(f) to lay down, in the regulatory chapter on financial services and inter alia, strong transversal rules on regulatory transparency that ensures access by all stakeholders and a balance between the interests of diverse stakeholders that is taken into account while protecting the public interest; and solutions for ensuring respect of national treatment for cross- border suppliers too.

Amendment 53 #

Matt CARTHY

Draft opinion
Paragraph 1 – point f a (new)

(fa) Not to replicate the GATS prudential carve-out so as to allow parties to deviate from their trade commitments when this is necessary for prudential reasons; but to amend the GATS prudential carve-out as in CETA by including that the ‘safety, soundness, integrity or financial responsibility of a Financial Institution, cross-border financial service supplier or financial service supplier’ and the ‘registration of cross-border financial service suppliers of the other Party and of financial instruments’ are protected; furthermore include ‘consumer protection’ and ‘social and environmental goals’ as legitimate purposes; and delete the phrases ‘Notwithstanding any other provisions of the Agreement’ and ‘Where such measures do not conform with the provisions of the Agreement, they shall not be used as a means of avoiding the Member’s commitments or obligations under the Agreement.’

Amendment 54 #

Draft opinion
Paragraph 1 – point f a (new)

(fa) to take action for that chapter in particular to contribute to the objective of level-playing field in a fair international competition in the sector of financial services, while ensuring that, in conformity with the principle of proportionality of the actions of the EU, as enshrined in the Treaty on the Functioning of the EU, the Commission does not agree in TiSA to requirements on domestic regulation that would go further than necessary to obtain this result;

Amendment 55 #

Draft opinion
Paragraph 1 – point f a (new)

(fa) To take the opportunity of TiSA negotiations to build a collective and united vision on the development of legislative instruments to ensure that profits are taxed where the economic activity takes place and where the profit is generated;

Amendment 56 #

Draft opinion
Paragraph 1 – point f a (new)

(fa) to ensure that the EU withdraws from the TISA negotiations, unless the 4 countries taking part to the negotiations, which are also included in the EU blacklist of tax havens (Liechtenstein, Mauritius, Panama, Hong Kong), do not accept to reform their tax systems to apply principles of good tax governance concerning transparency, exchange of information and fair tax competition, in particular taking into account that opening up trade in services with such countries will provide further scope for harmful tax practices; to ensure that ‘offshore’ funds whose managers operate in countries taking part to the negotiations, are being required to established their headquarters ‘on shore’;

Amendment 57 #

Draft opinion
Paragraph 1 – point f a (new)

(fa) take immediate action to ensure transparency over the whole process of negotiations; to ensure that Members of the relevant committees of the European Parliament have access to content and information that refers to their fields of competencies.

Amendment 58 #

Draft opinion
Paragraph 1 – point f a (new)

(fa) to guarantee the right of the EU and its Member States to prevent service providers from transferring, including in electronic form, personal data of their citizens within and outside their territory, in order to uphold the fundamental rights to protection of personal data and to privacy;

Amendment 59 #

Draft opinion
Paragraph 1 – point f b (new)

(fb) to ensure that binding the provision of a financial service in a country to the location of the underlying assets, or of the infrastructure necessary for the provision of that service, in that country remains an option in the regulatory toolbox only when motivated by national security reasons or oversight of systemically important systems;

Amendment 6 #

Krišjānis KARIŅŠ

Draft opinion
Paragraph 1 – point a

Amendment 60 #

Draft opinion
Paragraph 1 – point f b (new)

(fb) to take immediate action to include legal measures within the TISA framework to counter aggressive tax planning via the systematic movements of capital, and to ensure that the latter is rather based on economic activity and does not seek to avoid tax payments in the country of production; to ensure enhanced transparency and granularity regarding balance of payments statistics;

Amendment 61 #

Draft opinion
Paragraph 1 – point f b (new)

(fb) to reject any procedures or mechanisms allowing service suppliers to challenge and secure a review of administrative decisions or prudential measures, including those of a non- discriminatory nature, which have a direct or indirect impact on trade in a service or result in harm being caused to the industry’s interests; to rule out any possibility of companies being able to make use of arbitration procedures for the settlement of disputes between private entities and states under the TiSA;

Amendment 62 #

Draft opinion
Paragraph f b (new)

1a. To ensure that TiSA will contribute fairly and significantly to set ambitious standards for trade in services to foster long-term growth, promote European competitiveness, combat unemployment and build a smarter, more inclusive and more sustainable Europe in order to achieve the Europe 2020 Strategy goals;

Amendment 63 #

Draft opinion
Paragraph f c (new)

(fc) calls on the Commission to consider that TiSA negotiations need to protect consumers against the complexity and opacity of certain financial products; Understandable and correct information is fundamental to prevent suppliers from exploiting the client’s inexperience;

Amendment 64 #

Draft opinion
Paragraph 1 – point f c (new)

(fc) to follow a reasonable approach with regard to the cross-border flows of financial data, by banning measures that prevent transfers of information or the processing of financial information into or out of the country’s territory and allowing the country to protect personal data, personal privacy and the confidentiality of individual records and accounts, also in line with the Article 2(b) of the GATS Annex on Financial Services; to ensure therefore that any agreement on TiSA be in full conformity with the revised EU Data Protection Regulation;

Amendment 65 #

Matt CARTHY, Marisa MATIAS, Fabio DE MASI

Draft opinion
Paragraph 1 – point f c (new)

(fc) as regards purchases of financial services by public entities, to ensure that the recently adopted EU rules on public procurement are shielded and supported in the framework of the negotiations, in particular regarding SMEs access to public contracts, the eligibility criteria based on the best ‘quality-price’ ratio instead of the cheapest price, reserved markets allocated to social economy undertakings, the possibility for contractual authorities to foster inter- community cooperation as well as to preserve thresholds for tendering exclusion from EU and international rules;

Amendment 66 #

Draft opinion
Paragraph 1 – point f c (new)

(fc) Not to strive to regulatory convergence nor to use regulatory convergence as a condition for more market access commitments.

Amendment 67 #

Draft opinion
Paragraph 1 – point f c (new)

(fc) to call for an ex ante assessment to be carried out by independent experts from academia and civil society of the likely economic and social effects of the TiSA provisions currently under negotiation and the likely impact of further liberalisation of financial services on the real economy and financial stability, as well as in terms of unemployment and increasing inequality; to ensure that the European Parliament and national parliaments are given immediate access to the interim and final findings of any impact assessments; to conduct public consultations ensuring that national parliaments, both sides of industry and civil society representatives are fully and properly involved;

Amendment 68 #

Draft opinion
Paragraph 1 – point f d (new)

(fd) to acknowledge and emphasise the continued importance of the services of general interest and to call for their exclusion from the agreement; to ensure that their management is therefore not affected by the TiSA, in line with the mandate given to the Commission by the Member States.

Amendment 69 #

Draft opinion
Paragraph 1 – point f d (new)

(fd) to ensure transparency in the negotiations throughout the entire process in line with the Commission’s obligation, according to TFEU Art 218.10 which the ECJ in a recent ruling has been confirmed as of statutory character, to keep Parliament fully informed on an immediate basis at all stages of the negotiations; to work towards an agreement with the other parties administrations regarding the access of all Parliamentarians to the consolidated negotiation texts; to ensure access for the public to relevant negotiation documents from all parties, with the exception of those which are to be classified with clear justification on a case-by-case basis, in line with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents;

Amendment 7 #

Draft opinion
Paragraph 1 – point a

Amendment 70 #

Draft opinion
Paragraph 1 – point f d (new)

(fd) to support the inclusion of a revision clause allowing states to take democratic decisions to revoke liberalisation decisions made by previous governments;

Amendment 71 #

Draft opinion
Paragraph 1 – point f e (new)

(fe) to ensure that TiSA in no way facilitates or opens loopholes for tax fraud, tax evasion, aggressive tax planning, or money-laundering in the area of financial services; but rather incites its members/the contracting parties to abide by the OECD Common Reporting Standards (CRS) for the automatic exchange of information (AEOI) for tax purposes, the OECD recommendations against Base Erosion and Profit Shifting (BEPS), the Financial Action Task Force (FATF) global standards against money laundering and terrorist financing and the Commission Recommendation regarding Measures intended to encourage third countries to apply minimum standards of good governance in tax matters, of 6/12/2012, C(2012) 8805 final.

Amendment 72 #

Draft opinion
Paragraph 1 – point f e (new)

(fe) to take immediate action to ensure that a ‘positive list approach’ is chosen, so that all services covered by TISA are explicitly listed positively in the agreement, to ensure that the EU withdraws from the TISA negotiations unless there is a clear and explicit undertaking by the parties that all current and future public services are explicitly excluded and that the agreement does not include any standstill and ratchet clauses;

Amendment 73 #

Draft opinion
Paragraph 1 – point f e (new)

(fe) to suspend the TiSA negotiations for as long as risks remain for the stability of the EU’s economic, social and financial system, thereby extending the scope of the precautionary principle to cover sensitive sectors in which market liberalisation can pose a threat to society and to economic and financial stability;

Amendment 8 #

Jakob von WEIZSÄCKER

Draft opinion
Paragraph 1 – point a

Amendment 9 #

Draft opinion
Paragraph 1 – point a a (new)

(aa) while stressing the need to increase worldwide access to financial services, to pursue in TiSA a policy line allowing, save for limited and duly justified market access reservations, the cross-border supply of financial services in the EU by entities established in third countries, on the basis of clear rules and procedures for the authorisation of the said entities to provide such services in the EU and only after the recognition by the EU of the said entities’ country of origin as having an enforceable regulatory and supervisory framework equivalent to the EU’s, in order to ensure that no financial risk be imported in the Union and that a level- playing field between entities, irrespective of their jurisdiction of establishment, be achieved;

source: 569.859

2015/11/04 INTA 599 amendments...

Amendment 1 #

Motion for a resolution
Citation 2 a (new)

- having regard to the opinion of the Committee of the Regions "The local and regional dimension of the Trade in Services Agreement (TiSA)" (ECON- VI/003),

Amendment 10 #

Franz OBERMAYR, Edouard FERRAND, Matteo SALVINI, Marine LE PEN

Motion for a resolution
Citation 15 a (new)

- having regard to its resolution of 8 September 2015 on the follow-up to the European Citizens' Initiative Right2Water,

Amendment 100 #

Motion for a resolution
Recital J

J. whereas citizens’ trust in EU’s trade policy is a must, which can only be restored by ensuring the highest level of transparency, by maintaining constant dialogue with civil society, and by setting clear guidelines in the negotiations which take account of the justified concerns of the citizens;

Amendment 101 #

Motion for a resolution
Recital J

J. whereas citizens’ trust in EU’s trade policy is a must, which can only be restored by ensuring the highest level of transparency, ~~by maintain~~access to negotiating documents, by introducing constant dialogue with civil society, and by setting clear guidelines and participation standards in the negotiations;

Amendment 102 #

Motion for a resolution
Recital J

J. whereas citizens’ trust in EU’s trade policy is a must, which can only be ~~restor~~maintained by ensuring the highest level of transparency, by ~~mai~~containuing constant dialogue with civil society, and by setting clear guidelines in the negotiations;

Amendment 103 #

Motion for a resolution
Recital J

J. whereas citizens’ trust in EU’s trade policy ~~is a must, which~~has been shaken in recent years and can only be restored by ensuring the highest level of transparency, by maintaining constant dialogue ~~with~~and sharing of information with the social partners and civil society, and by setting clear guidelines in the negotiations;

Amendment 104 #

Motion for a resolution
Recital J

J. whereas citizens’ trust in EU’s trade policy is a must, which can only be re~~stor~~affirmed by ensuring ~~the highest level of~~ transparency, by maintaining constant dialogue with civil society, and by setting clear guidelines in the negotiations;

Amendment 105 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Agnes JONGERIUS, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Recital J

J. whereas citizens’ trust in EU’s trade policy ~~is a must, which~~has been seriously undermined in recent years, and can only be restored by ensuring the highest level of transparency, by maintaining constant dialogue with social partners and civil society, and by setting clear guidelines in the negotiations;

Amendment 106 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital J

J. whereas citizens’' trust in EU’'s trade policy is a must, which ~~can only be resto~~must be ensured by ~~ensur~~attaining the highest level of transparency and engagement, by maintaining constant dialogue with civil society, and by setting clear guidelines in the negotiations;

Amendment 107 #

Motion for a resolution
Recital J

J. whereas citizens’ trust in EU’s trade policy is a must, which can only be restored by ensuring the highest level of transparency, full access to negotiating documents, by maintaining constant and formal dialogue with civil society, and by setting clear guidelines in the negotiations;

Amendment 108 #

Motion for a resolution
Recital J

J. whereas citizens’ trust in EU’s trade policy is a must, which can only be restored by ensuring the highest level of transparency, by maintaining constant dialogue with civil society, and stakeholders and by setting clear guidelines in the negotiations;

Amendment 109 #

Motion for a resolution
Recital J

J. whereas citizens’ trust in EU’s trade policy is a must, which can only be restored by ensuring the highest level of transparency, by ~~maintain~~establishing constant dialogue with ~~civil society, and by setting~~a broad spectre of civil society on EU and Member State level, by including in this dialogue also local and regional administrations, and by translating the concerns expressed into clear guidelines infor the negotiations;

Amendment 11 #

Jude KIRTON-DARLING

Motion for a resolution
Citation 15 a (new)

- having regard to the draft opinion of the Committee of the Regions on the local and regional dimension of the Trade in Services Agreement (TiSA) (ECON- VI/003) due to be adopted by its plenary session on 3-4 December 2015,

Amendment 110 #

Motion for a resolution
Recital J

J. whereas citizens’' trust in the EU’'s trade policy is ~~a must~~essential, which can only be ~~restored~~maintained and increased by ensuring not only beneficial outcomes in terms of employment and wealth creation for citizens and businesses, but also by ensuring the highest level of transparency, by maintaining constant dialogue with civil society, and by setting clear guidelines in the negotiations;

Amendment 111 #

Motion for a resolution
Recital J

Amendment 112 #

Motion for a resolution
Recital J a (new)

Ja. whereas most of the commitments in the EU schedule refer to Member States' national legislation; whereas implementation of commitments particularly affects regional and local governments;

Amendment 113 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU

Motion for a resolution
Recital J a (new)

Ja. whereas the European Parliament has repeatedly called for overcoming the lack of transparency in negotiating processes related to international trade agreements such as the CETA, TTIP and TISA;

Amendment 114 #

Motion for a resolution
Recital J a (new)

Ja. whereas the position of the corporate lobby and their influence on the negotiations is not necessarily in agreement with the interests of European citizens and their rights; whereas the corporate lobby seems to have more influence on the negotiation process than civil society;

Amendment 115 #

Motion for a resolution
Recital J a (new)

Ja. whereas the lack of transparency in the current negotiations is accompanied by an absence of impartial impact assessments and blatant disparity regarding the degree of consultation and involvement of lobbyists on the hand and civil society on the other;

Amendment 116 #

Franz OBERMAYR, Edouard FERRAND, Matteo SALVINI, Marine LE PEN

Motion for a resolution
Recital K

K. whereas data protection is not an economic burden, but a source of economic growth; whereas restoring trust in the digital world is crucial; whereas data flows are indispensable to trade in services; whereas several Parties have already taken a position on the controversial US proposals on free flow of information, including personal information, and on prohibiting the use of local infrastructure; whereas the EU has taken no position on these proposals yet;

Amendment 117 #

Motion for a resolution
Recital K

K. whereas data protection is not an economic burden, but a ~~source of economic growth~~indispensable basic civil liberty; whereas restoring trust in the digital world is crucial; whereas data flows are indispensable to trade in services;

Amendment 118 #

Motion for a resolution
Recital K

K. whereas data protection is ~~not an economic burden, but a source of economic growth; whereas restor~~of utmost importance, but can be an economic burden if inappropriately implemented due to hidden protectionism and overburdening bureaucracy; whereas strengthening trust in the digital world is crucial; whereas data flows are indispensable to trade in services;

Amendment 119 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Anne-Marie MINEUR, Eleonora FORENZA

Motion for a resolution
Recital K

K. whereas data protection is not an economic burden~~, but a source of economic growth~~; whereas restoring trust in the digital world is crucial; whereas data flows are indispensable to trade in services;

Amendment 12 #

Motion for a resolution
Citation 15 a (new)

- having regard to Article 8 on the right to Protection of personal data of the Charter of Fundamental Rights of the European Union,

Amendment 120 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital K

K. whereas data protection is not an economic burden, but a source of economic growth; whereas ~~restoring trust in the digital world is crucial; whereas data flows are indispensable to trade in services~~data protection is indispensable to trade in services and to ensure the people's right to privacy;

Amendment 121 #

Motion for a resolution
Recital K

Amendment 122 #

Motion for a resolution
Recital K

Amendment 123 #

William (The Earl of) DARTMOUTH

Motion for a resolution
Recital K

K. whereas data protection is ~~not an economic burden, but~~ a source of economic growth; whereas restoring trust in the digital world is crucial; whereas data flows are indispensable to trade in services;

Amendment 124 #

Motion for a resolution
Recital K a (new)

Ka. whereas data flows are integral to the global economy and directly benefit consumers; recognising that the European Court of Justice decision of 6 October 2015, which struck down the transfers of personal data to the USA under Safe Harbour, is a negative factor in this regards;

Amendment 125 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Victor BOŞTINARU, Emmanuel MAUREL, Joachim SCHUSTER

Motion for a resolution
Recital K a (new)

Ka. whereas TiSA is currently being negotiated as a plurilateral agreement outside the remits of the WTO; whereas this implies that WTO institutions would not be available to settle disputes arising within TiSA;

Amendment 126 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital K a (new)

Ka. whereas the European Parliament issued a resolution on 2013 (2013/2583(RSP) in which it was requested to the Commission to "follow up on its intention to prepare a sustainability impact assessment";

Amendment 127 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital K a (new)

M. whereas in most developing countries government is the main source of procurement for services, accounting for as much as 20% GDP, and can hence be an important tool for development of local micro, small and medium enterprises;

Amendment 128 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital K a (new)

N. whereas most part of the available information on TiSA has been leaked instead of being made available by the Commission;

Amendment 129 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital K a (new)

O. whereas the European Parliament has repeatedly called for overcoming the lack of transparency in negotiating processes related to international trade agreements such as GATS, TTIP and TiSA;

Amendment 13 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Anne-Marie MINEUR, Eleonora FORENZA

Motion for a resolution
Citation 15 a (new)

- having regard to Principle of Coherence for Development as stated on the Treaty on the Functioning of the European Union,

Amendment 130 #

Motion for a resolution
Recital K a (new)

Ka. whereas the judgement of the European Court of Justice in the Safe Harbour case C-362/14 will have an impact on international agreements on the transfer of personal data; whereas this judgement underlines the importance to require higher data protection standard from the parties in order to ensure the protection of privacy;

Amendment 131 #

Motion for a resolution
Recital K a (new)

Ka. whereas the TiSA will involve movements of natural persons between the parties to the agreement and in this respect all European citizens must be treated equally regarding access to their respective territories;

Amendment 132 #

Motion for a resolution
Recital K a (new)

Ka. whereas public procurement in the EU is increasingly coming under review , commencing with the re-municipalisation of water services, thus demonstrating the errors of excessive deregulation;

Amendment 133 #

Jude KIRTON-DARLING

Motion for a resolution
Recital K b (new)

Kb. whereas ratification in certain Member States may require ratification by regional parliaments and/or parliamentary chambers representing the regional level;

Amendment 134 #

Motion for a resolution
Recital K b (new)

Kb. whereas the draft US text on e- commerce for TiSA would undermine EU rules and safeguards for the transfer of personal data to third countries, exposing the privacy and security of information to serious risks;

Amendment 135 #

Motion for a resolution
Recital K b (new)

Kb. whereas the European Parliament will have the power to approve or reject the final agreement;

Amendment 136 #

Motion for a resolution
Recital K b (new)

Kb. whereas the re-appropriation of services or concessions by the public authorities should not be restricted by trade agreements or related legal mechanisms;

Amendment 137 #

Motion for a resolution
Recital K c (new)

Kc. whereas Parliament reserves the right to express its opinion after consulting any future text proposals and drafts of the TiSA agreement;

Amendment 138 #

Franz OBERMAYR, Edouard FERRAND, Matteo SALVINI, Marine LE PEN

Motion for a resolution
Recital K c (new)

Kc. whereas a trade agreement for services may reduce the legislative capacity of the European and national legislatures, thereby compromising the sovereignty of the people, undermining the democratic foundations of the European project, reducing its leverage and sinking a raft of European policies beneath an economic rather than a political edifice;

Amendment 139 #

Motion for a resolution
Paragraph 1 – point a – point i

~~i. to consider the TiSA negotiations as a stepping-stone towards renewed ambitions at WTO level;~~deleted

Amendment 14 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Anne-Marie MINEUR, Eleonora FORENZA

Motion for a resolution
Citation 15 a (new)

- having regard to its resolution on the General Agreement on Trade in Services (GATS) within the WTO, including cultural diversity, adopted on 12 March 2003,

Amendment 140 #

Motion for a resolution
Paragraph 1 – point a – point i

i. to consider the TiSA negotiations as a stepping-stone towards renewed ambitions at WTO level with the aim of re- launching negotiations for a reformed GATS;

Amendment 141 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point a – point i

i. to consider the TiSA negotiations as a stepping-stone towards renewed ambitions at WTO level, which implies the modernisation of GATS by including new e-commerce safeguards and the strengthening of safeguards regarding social and environmental protection; therefore to secure the commitment of all TiSA participants to multilateralising the outcome of the negotiations; to present a concrete plan to achieve multilateralisation to the European Parliament before the conclusion of the TiSA negotiations;

Amendment 142 #

Jude KIRTON-DARLING, Eric ANDRIEU, Victor BOŞTINARU, Bernd LANGE, David MARTIN, Emmanuel MAUREL, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point a – point i

i. to consider the TiSA negotiations as a stepping-stone towards renewed ambitions at WTO level and therefore to secure the commitment of all TiSA participants to multilateralising the outcome of the negotiations; to present a concrete plan to achieve multilateralisation to the European Parliament before the conclusion of the TiSA negotiations;

Amendment 143 #

Motion for a resolution
Paragraph 1 – point a – point i

i. to consider the ~~TiSA negotiations as a stepping-stone towards renewed ambitions at WTO level~~risk that TiSA represent for the multilateral agenda of the WTO;

Amendment 144 #

Daniel CASPARY, Viviane REDING

Motion for a resolution
Paragraph 1 – point a – point i

i. to consider the TiSA negotiations as a stepping-stone towards renewed ambitions at WTO level; to oppose any provisions or chapters, which would prevent the multilateralisation of the agreement;

Amendment 145 #

Motion for a resolution
Paragraph 1 – point a – point i

i. to consider the TiSA negotiations as a stepping-stone towards renewed ambitions at WTO level, and to reinvigorate the discussions on services in the Doha Development Round; stresses therefore that nothing should be included in TiSA that would prevent its later integration into the WTO system;

Amendment 146 #

Motion for a resolution
Paragraph 1 – point a – point i

i. to consider theat TiSA negotiations asmay be a stepping-stone towards renewed ambitions at WTO level, paying the utmost attention at the same time to the threat posed by bilateral and plurilateral negotiations to the multilateral WTO framework;

Amendment 147 #

Motion for a resolution
Paragraph 1 – point a – point i

i. to ~~consider~~reject the TiSA ~~negotiations as a stepping-stone towards renewed ambitions at WTO level~~objective of redefining the rules of world trade in services to serve the interests of the most aggressive western companies in the sector, bearing in mind that previous deregulations were accompanied by higher costs for European citizens rather than improved service quality and that the use of local service providers makes it possible maintain employment and economic dynamism in the areas concerned;

Amendment 148 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Anne-Marie MINEUR, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point a – point i a (new)

ia. to ensure that the main outcome of the negotiations be an ambitious and comprehensive agreement that goes beyond the current GATS agreement, bringing a significant market opening for EU companies, including SMEs, while ensuring that the agreements is in line with WTO rules;

Amendment 149 #

Jude KIRTON-DARLING, Eric ANDRIEU, Victor BOŞTINARU, Agnes JONGERIUS, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point a – point i a (new)

ia. to reflect on the recent withdrawal of Uruguay from the TiSA negotiations; to ensure that special attention is paid to developing countries in this regard, and that TISA includes the provisions contained in GATS article IV;

Amendment 15 #

Motion for a resolution
Citation 15 a (new)

- having regard to its resolution on 8 September 2015 on the follow-up to the European Citizens' Initiative Right2Water,

Amendment 150 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU

Motion for a resolution
Paragraph 1 – point a – point i a (new)

ia. to aim for an ambitious TiSA which builds on the GATS and sets a new global standard, strengthening the rules-based international trading system, opening markets to European companies, benefitting European citizens and protecting and enforcing European values and standards;

Amendment 151 #

Motion for a resolution
Paragraph 1 – point a – point i a (new)

ia. Calls on the Commission to stop the negotiations for a TiSA agreements since an agreement like this will endanger EU services standards, public services for EU citizens and the right to regulate of Member States;

Amendment 152 #

Motion for a resolution
Paragraph 1 – point a – point i a (new)

Amendment 153 #

Motion for a resolution
Paragraph 1 – point a – point i b (new)

ib. to have high ambitions for TiSA, especially regarding telecommunications, e-commerce, professional qualifications and movement of natural persons; to ensure it is a tool for growth and jobs;

Amendment 154 #

Franz OBERMAYR, Edouard FERRAND, Matteo SALVINI, Marine LE PEN

Motion for a resolution
Paragraph 1 – point a – point ii

ii. to reiterate ~~its support for a comprehensive and~~the importance of a balanced agreement, which should unleash the untapped potential of a more integrated global services market, while fully guaranteeing compliance with the current and future EU acquis; to ~~shap~~re-regulate globalisation and to create international standards, while fully preserving ~~the right to regulate~~and legally securing the right to regulate to strengthen GATS's weak safeguards of the right to regulate and exclusions of public services; to secure increased market access for European services suppliers in key sectors of interest, while accommodating specific carve-outs for sensitive sectors including third countries' sensitivities;

Amendment 155 #

Motion for a resolution
Paragraph 1 – point a – point ii

ii. to reiterate its support for a comprehensive and balanced agreement, which should unleash the untapped potential of a more integrated global services market, while fully guaranteeing compliance with the EU acquis; to shape globalisation and to create international standards, while fully preserving the right to regulate and the competences of the member states; to secure increased market access for European services suppliers in key sectors of interest, while accommodating specific carve-outs for sensitive sectors;

Amendment 156 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point a – point ii

ii. to reiterate its support for a comprehensive and balanced agreement, which should unleash the untapped potential of a more integrated global services market, while fully guaranteeing compliance with the EU acquis; to shape globalisation and to create international standards, while fully preserving the right to regulate; to secure increased market access for European services suppliers, including SMEs, in key sectors of interest, while accommodating specific carve-outs for sensitive sectors;

Amendment 157 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, David MARTIN, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point a – point ii

ii. to reiterate its support for a comprehensive and balanced agreement, which should unleash the untapped potential of a more integrated global services market, while preventing social and economic dumping and fully guaranteeing compliance with the EU acquis; to shape globalisation and to create international standards, while fully preserving the right to regulate; to secure increased market access for European services suppliers in key sectors of interest, while accommodating specific carve-outs for sensitive sectors including all public services;

Amendment 158 #

Motion for a resolution
Paragraph 1 – point a – point ii

ii. to reiterate ~~its support for a comprehensive and balanced agreement, which~~that any agreement on services should unleash the ~~untapped~~possible potential of a more integrated global services market, while fully guaranteeing compliance with the EU acquis; to shape globalisation and to create international standards, while fully preserving the right to regulate; to secure increased market access for European services suppliers in key sectors of interest, while accommodating specific carve-outs for sensitive sectors;

Amendment 159 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point a – point ii

ii. to reiterate ~~its support for~~the importance of a comprehensive and balanced agreement, which should unleash the untapped potential of a more integrated global services market, while fully guaranteeing compliance with the EU acquis; to ~~shape~~ regulate globalisation and to create international standards, while fully and legally preserving the right to regulate and the exclusion of all public services; to secure increased market access for European services suppliers in key sectors of interest, while accommodating specific carve-outs for sensitive sectors;

Amendment 16 #

Motion for a resolution
Citation 15 b (new)

- having regards to the Draft Opinion on the local and regional dimension of the Trade in Services Agreement, adopted unanimously by the Commission for Economic Policy of the Committee of the Regions

Amendment 160 #

Motion for a resolution
Paragraph 1 – point a – point ii

ii. to reiterate its support for a comprehensive and balanced agreement, which should unleash the untapped potential of a more integrated global services market, while fully guaranteeing compliance with the EU acquis to develop and secure the highest level of protection of health and safety, consumer, labour and environmental legislation; to shape globalisation and to create international standards, while fully preserving the right to regulate; to secure increased market access for European services suppliers in key sectors of interest, while accommodating specific carve-outs for sensitive sectors;

Amendment 161 #

Tokia SAÏFI, Franck PROUST

Motion for a resolution
Paragraph 1 – point a – point ii

ii. to reiterate its support for a comprehensive and balanced agreement, which should unleash the untapped potential of a more integrated global services market, while fully guaranteeing compliance with the EU acquis; to shape and regulate globalisation and to create international standards, while fully preserving the right to regulate; to secure increased market access for European services suppliers in key sectors of interest, while accommodating specific carve-outs for sensitive sectors;

Amendment 162 #

Motion for a resolution
Paragraph 1 – point a – point ii

Amendment 163 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point a – point ii

ii. to reiterate its support for an ambitious comprehensive and balanced agreement, which should unleash the untapped potential of a more integrated global services market, while fully guaranteeing compliance with the EU acquis; to shape globalisation and to create international standards, while fully preserving the right to regulate; to secure increased market access for European services suppliers in key sectors of interest, while accommodating specific carve-outs for sensitive sectorsecure substantially increased market access for European services suppliers in key sectors of interest, while accommodating specific carve-outs for sensitive sectors; to shape globalisation and to create international standards, while fully preserving the right to regulate and pursue legitimate public policy objectives such as public health, safety, environment, public morals and the promotion of cultural diversity;

Amendment 164 #

Motion for a resolution
Paragraph 1 – point a – point ii a (new)

iia. to guarantee democratic and accountability principles during the negotiations; to improve transparency on the negotiation process by making public all consolidated documents; calls on the EC to guarantee that citizens are duly informed and consulted during the negotiating process and before the initialling of the Agreement and to reject the US proposal to classify the negotiations documents for 5 years after the entry into force of TiSA

Amendment 165 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Anne-Marie MINEUR, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point a – point ii b (new)

Iib. to guarantee that decisions and negotiations are taken as closely as possibly to the citizens and assure a consultation by the European Parliament;

Amendment 166 #

Motion for a resolution
Paragraph 1 – point a – point ii a (new)

iia. to horizontally and comprehensively exclude from the scope of TiSA in the body of the agreement services of general interest, including services of general economic interest;

Amendment 167 #

Motion for a resolution
Paragraph 1 – point a – point iii

iii. to ~~push for~~aim at multilateralisation by crafting GATS-compatible provisions ~~and by accepting new parties conditional on their acceptance of the agreed rules and level of ambition~~, bearing in mind that departing too much from the GATS architecture will undermine the multilateral perspective, and by ensuring flexibility when extending membership especially in the case of Developing Countries; to incentivise wider participation in the talks by granting interested parties observer status; to note that both the highest barriers and the highest growth potential regarding trade in services are to be found in the BRICS and the MINT countries; to recognise the importance of those countries for the EU, as export destinations with a rising middle class, as sources of intermediate inputs and as key hubs in global value chains; to open the way for the participation of China;

Amendment 168 #

Motion for a resolution
Paragraph 1 – point a – point iii

iii. to push for multilateralisation by crafting GATS-compatible provisions and by accepting new parties conditional on their acceptance of the agreed rules and level of ambitions;; to incentivise wider participation in the talks by granting interested parties observer status; to note that both the highest barriers and the highest growth potential regarding trade in services are to be found in the BRICS and the MINT countries; to recognise the importance of those countries for the EU, as export destinations with a rising middle class, as sources of intermediate inputs and as key hubs in global value chains; to open the way for the participation of China, provided that the European Union remains vigilant to market distortions orchestrated by the Chinese authorities and reserves the right to react to them;

Amendment 169 #

Motion for a resolution
Paragraph 1 – point a – point iii

iii. to push for multilateralisation by crafting GATS-compatible provisions and by accepting new parties conditional on their acceptance of the agreed rules and level of ambitions; to incentivise wider participation in the talks by granting interested parties observer status; to note that both the highest barriers and the highest growth potential regarding trade in services are to be found in the BRICS and the MINT countries; to recognise the importance of those countries for the EU, as export destinations with a rising middle class, as sources of intermediate inputs and as key hubs in global value chains; to ~~open the way for the participation of China~~continue advocating in favour of China´s request to join the negotiations which could mean the agreement allows for the further opening of services in China to EU businesses;

Amendment 17 #

Motion for a resolution
Recital -A (new)

-A. whereas the European Union is still struggling to overcome to the effects of the financial crisis, with low growth compounded by slowing growth rates in the largest emerging economies, low total factor productivity, significantly decreased volumes of investment, all compounded by weak demographics, including not only rising median age but also increasing dependency rates;

Amendment 170 #

Jude KIRTON-DARLING, Eric ANDRIEU, David MARTIN, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point a – point iii

iii. to ~~push for~~guarantee multilateralisation by ~~crafting GATS-compatible provisions~~rejecting any provision that would be incompatible with the GATS and by accepting new parties conditional on their acceptance of the agreed rules and level of ambitions; to incentivise wider participation in the talks by granting interested parties observer status; to note that both the highest barriers and the highest growth potential regarding trade in services are to be found in the BRICS and the MINT countries; to recognise the importance of those countries for the EU, as export destinations with a rising middle class, as sources of intermediate inputs and as key hubs in global value chains; to open the way for the participation of China;

Amendment 171 #

Costas MAVRIDES

Motion for a resolution
Paragraph 1 – point a – point iii

iii. to push for multilateralisation by crafting GATS-compatible provisions and by accepting ~~new par~~the participation of any WTO members which share the objectives of the agreement conditional on their acceptance of the agreed rules and level of ambitions; to incentivise wider participation in the talks by considering to grant~~ing~~, interested parties which are WTO members, observer status; to note that both the highest barriers and the highest growth potential regarding trade in services are to be found in the BRICS and the MINT countries; to recognise the importance of those countries for the EU, as export destinations with a rising middle class, as sources of intermediate inputs and as key hubs in global value chains; to open the way for the participation of China;

Amendment 172 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point a – point iii

iii. to push for multilateralisation by crafting GATS-compatible provisions and by accepting new parties conditional on their acceptance of the agreed rules and level of ambitions; to incentivise wider participation in the talks by granting interested parties observer status; to note that both the highest barriers and the highest growth potential regarding trade in services are to be found in the BRICS and the MINT countries; to recognise the importance of those countries for the EU, as export destinations with a rising middle class, as sources of intermediate inputs and as key hubs in global value chains; ~~to open the way for the participation of China;~~

Amendment 173 #

Motion for a resolution
Paragraph 1 – point a – point iii

iii. to push for multilateralisation by crafting GATS-compatible provisions like the exclusive use of a positive list approach for all modes of services, market access and national treatment disciplines and by accepting new parties conditional on their acceptance of the agreed rules and level of ambitions; to incentivise wider participation in the talks by granting interested parties observer status; to note that both the highest barriers and the highest growth potential regarding trade in services are to be found in the BRICS and the MINT countries; to recognise the importance of those countries for the EU, as export destinations with a rising middle class, as sources of intermediate inputs and as key hubs in global value chains; to open the way for the participation of China, to ensure that any new trade agreement does not aim to go further that GATS in liberalisation, but to improve GATS by ensuring fair labour, social and environmental standards;

Amendment 174 #

Motion for a resolution
Paragraph 1 – point a – point iii

iii. to push for multilateralisation by crafting GATS-compatible provisions and by accepting new parties conditional on their acceptance of the agreed rules and level of ambitions; to incentivise wider participation in the talks by granting interested parties observer status; to note that both the highest barriers and the highest growth potential regarding trade in services are to be found in the BRICS and the MINT countries; to recognise the importance of those countries for the EU, as export destinations with a rising middle class, as sources of intermediate inputs and as key hubs in global value chains; to open the way for ~~the~~a committed participation of China;

Amendment 175 #

Motion for a resolution
Paragraph 1 – point a – point iii

iii. to push for multilateralisation by crafting GATS-compatible provisions and by accepting new parties conditional on their acceptance of the agreed rules and level of ambitions; to incentivise wider participation in the talks by granting interested parties observer status; to note that both the highest barriers and the highest growth potential regarding trade in services are to be found in the BRICS and the MINT countries; to recognise the importance of those countries for the EU, as export destinations with a rising middle class, as sources of intermediate inputs and as key hubs in global value chains; to investigate the possible negative effects of TISA on developing countries and account for these effects to be mitigated within the treaty; to open the way for the participation of China;

Amendment 176 #

Motion for a resolution
Paragraph 1 – point a – point iii

iii. to push for multilateralisation by crafting GATS-compatible provisions and by accepting new parties conditional on their acceptance of the already agreed rules and level of ambitions; to incentivise wider participation in the talks ~~by granting interested parties observer status~~; to note that both the highest barriers and the highest growth potential regarding trade in services are to be found in the BRICS and the MINT countries; to recognise the importance of those countries for the EU, as export destinations with a rising middle class, as sources of intermediate inputs and as key hubs in global value chains; to open the way for the participation of China and other large emerging and dynamic economies;

Amendment 177 #

Motion for a resolution
Paragraph 1 – point a – point iii

iii. to push for multilateralisation by crafting GATS-compatible provisions and by accepting new parties conditional on their acceptance of the agreed rules and level of ambitions; to incentivise wider participation in the talks by granting interested parties observer status; to note that both the highest barriers and the highest growth potential regarding trade in services are to be found in the BRICS and the MINT countries; to recognise the importance of those countries for the EU, as export destinations with a rising middle class, as sources of intermediate inputs and as key hubs in global value chains; ~~to open the way for the participation of China;~~

Amendment 178 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point a – point iii a (new)

iiia. to reiterate its support for broadening the negotiations to include other countries, including BRIC countries, especially China; to continue to try to convince other negotiating partners of the value of broadening the process now, instead of presenting third countries with a fait accompli at the end;

Amendment 179 #

Motion for a resolution
Paragraph 1 – point a – point iii a (new)

iiia. to ensure that negotiations maintain and strengthen fundamental role played by public services in the European Union;

Amendment 18 #

Motion for a resolution
Recital -A a (new)

-Aa. whereas TiSA in it is current form and with it is existing negotiating Members is a plurilateral agreement, with the ambition that a concluded deal could eventually reach the critical mass to enable it to become a multilateral deal within the WTO framework; whereas nothing included in TiSA should prevent its compliance with the existing WTO system;

Amendment 180 #

Motion for a resolution
Paragraph 1 – point a – point iii a (new)

Amendment 181 #

Motion for a resolution
Paragraph 1 – point a – point iv

iv. to c~~arry out~~onsider that, if the negotiations are carried out on a preferential basis and ~~to limit~~ the benefits of the agreement to TiSA are limited to parties until it is multilateralised, TiSA will not be able to dispose of a dispute-settlement mechanism relying on cross-retaliation with goods; to note that, in order to set up a plurilateral agreement under the WTO, members need to give unanimous approval; to reject the perspective of a plurilateral and preferential agreement;

Amendment 182 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, David MARTIN, Emmanuel MAUREL, Alessia Maria MOSCA, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point a – point iv

iv. to ~~carry out~~acknowledge that, as the negotiations are carried out on a preferential basis ~~and to limit~~, the benefits of the agreement will be limited to TiSA parties until it is multilateralised; to take into account that unanimous approval is required from WTO members in order to multilateralise a plurilateral agreement;

Amendment 183 #

Motion for a resolution
Paragraph 1 – point a – point iv

iv. to carry out the negotiations on a preferential basis and to limit the benefits of the agreement to TiSA parties until it is multilateralised, with the Most Favoured Nation (MFN) not applying to TiSA until that critical mass has been reached;

Amendment 184 #

Motion for a resolution
Paragraph 1 – point a – point iv

iv. to carry out the negotiations on a preferential basis and to limit the benefits of the agreement to TiSA parties until it is multilateralised and supported by WTO dispute-settlement mechanism relying on cross-retaliation;

Amendment 185 #

Motion for a resolution
Paragraph 1 – point a – point v

~~v. to reinvigorate the discussions on services in the Doha Development Round;~~deleted

Amendment 186 #

Motion for a resolution
Paragraph 1 – point a – point v

v. to use TiSA negotiations as a tool to reinvigorate the discussions on services in the Doha Development Round and as a negotiating position for opening of services markets between the EU and global trade partners, including in developing countries;

Amendment 187 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point a – point v a (new)

va. to ensure the inclusion of developing countries in the TiSA negotiations and safeguard the achievements of the Cotonou Partnership Agreement between the ACP and EU countries;

Amendment 188 #

Motion for a resolution
Paragraph 1 – point a – point vi

~~vi. to ensure synergies between bilateral, plurilateral and multilateral agreements currently being negotiated, as well as with single market developments;~~deleted

Amendment 189 #

Motion for a resolution
Paragraph 1 – point a – point vi

vi. to ensure ~~synergies between bilateral, plurilateral and~~consistency with multilateral agreements currently being negotiated, as well as with single market developments; to prioritise multilateral negotiations and to acknowledge that the current proliferation of bilateral and plurilateral negotiations is undermining the multilateral framework;

Amendment 19 #

Motion for a resolution
Recital A

A. whereas the TiSA negotiations arshould be aimed at achieving better and stronger international regulation, not lower domestic regulation;

Amendment 190 #

Motion for a resolution
Paragraph 1 – point a – point vi

vi. to ensure synergies between bilateral, plurilateral and multilateral agreements currently being negotiated, as well as with single market developments, especially with regard to the digital single market;

Amendment 191 #

Motion for a resolution
Paragraph 1 – point a – point vi

vi. to ensure ~~synergies between bilateral, plurilateral and~~consistency with multilateral agreements currently being negotiated, as well as with single market developments;

Amendment 192 #

Motion for a resolution
Paragraph 1 – point a – point vi

Amendment 193 #

Motion for a resolution
Paragraph 1 – point a – point vi a (new)

via. to ensure the full and effective ratification, implementation and enforcement by the trade partners of the eight fundamental International Labour Organisation (ILO) conventions and their content, the ILO's Decent Work Agenda and the core international environmental agreement;

Amendment 194 #

Motion for a resolution
Paragraph 1 – point a – point vi a (new)

via. to ensure via a horizontal binding clause, in line with Article 167(4) TFEU and with the UNESCO Convention on the protection and promotion of the diversity of cultural expressions, that the parties preserve their right to adopt or maintain any measure with respect to the protection or promotion of cultural and linguistic diversity; to explicitly exclude audiovisual services, media and publishing from the scope of the agreement, irrespective of the technology or distribution platform used;

Amendment 195 #

Motion for a resolution
Paragraph 1 – point a – point vii

vii. to propose specific safeguards for tourists, ~~inter alia in order to strengthen passenger rights,~~ to make international roaming fees transparent, and to limit the abusive fees charged to consumers using their credit cards outside Europe;

Amendment 196 #

Motion for a resolution
Paragraph 1 – point a – point vii a (new)

viia. to ensure that TiSA includes, if not multilateralised, an annex incentivising the ratification, implementation and enforcement of the core conventions of the ILO and the Decent Work Agenda, with a commitment to promote higher levels of protection of labour and environmental standards and to combat all forms of social dumping;

Amendment 197 #

Motion for a resolution
Paragraph 1 – point a – point vii a (new)

viia. to comply with the obligation under Article 11 TFEU to integrate environmental protection requirements into EU external trade policy, in particular with a view to promoting sustainable development;

Amendment 198 #

Motion for a resolution
Paragraph 1 – point a – point vii b (new)

viib. to include a sustainability chapter into TiSA laying down environmental and social protection standards including the ILO core labour standards and further developed ILO standards;

Amendment 199 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point a – point vii c (new)

viic. to include a clause that prohibits the lowering of workers' rights and social and environmental standards when services are liberalised;

Amendment 2 #

Motion for a resolution
Citation 3

— having regard to the statement issued by the ‘Really Good Friends of Services’ (RGF) group on 5 July 20123 , __________________ 3 http://eeas.europa.eu/delegations/wto/pres s_corner/all_news/news/2012/20120705_a dvancing_negotiations_services.htmdeleted

Amendment 20 #

Franz OBERMAYR, Edouard FERRAND, Matteo SALVINI, Marine LE PEN

Motion for a resolution
Recital A

A. whereas through the TiSA negotiations ~~are aimed at achieving better international regulation, not lower domestic regulation~~there shall be no further pruning of national competence;

Amendment 200 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, Bernd LANGE, Emmanuel MAUREL, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point a – point viii

viii. to ~~publish a sustainability impact assessment and, once the negotiations are finalised, to update it accordingly, taking specific account of its impact on citizens and workers~~recall that the EU's negotiating mandate was proposed by the Commission and adopted by the Council without any impact assessment; to publish without any further delay the sustainability impact assessment while negotiations are on- going and as a precondition for the European Parliament approval; to involve social partners and civil society fully in finalising the sustainability impact assessment; to update it accordingly once the negotiations are finalised, taking specific account of its impact on citizens and workers; to include in this study a detailed assessment of the effect on the economy and labour conditions of the GATS since its entry into force, including a breakdown by mode of supply; to request Parliament’s research services to publish a comprehensive and informative study of the scope and potential impact of the TiSA negotiations, particularly on consumers and workers;

Amendment 201 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Anne-Marie MINEUR, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point a – point viii

viii. to publish a sustainability impact assessment and, once the negotiations are finalised, to update it accordingly, taking specific account of its impact on citizens and workers; ~~to request Parliament’s research services to publish a comprehensive and informative study of the scope and potential impact of the TiSA negotiations;~~

Amendment 202 #

Motion for a resolution
Paragraph 1 – point a – point viii

viii. to ~~publish a~~conduct an independent ex-ante sustainability impact assessment and, study on TiSA, during and once the negotiations are finalised, to update it accordingly, taking specific account of its impact on citizens and workers; to request Parliament’s research services to publish a comprehensive and informative study of the scope and potential impact of the TiSA negotiations;

Amendment 203 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU

Motion for a resolution
Paragraph 1 – point a – point viii

viii. to publish a sustainability impact assessment ~~and, once the negotiations are finalised, to update it accordingly~~with the greatest urgency and involve the outcomes in the negotiations, taking specific account of its impact on citizens and workers; to request Parliament’s research services to publish a comprehensive and informative study of the scope and potential impact of the TiSA negotiations;

Amendment 204 #

Motion for a resolution
Paragraph 1 – point a – point viii

viii. to publish a comprehensive sustainability impact assessment and, once the negotiations are finalised, to update it accordingly, taking specific account of its impact on citizens, the environment, SMEs and workers; to request Parliament’s research services to publish a comprehensive and informative study of the scope and potential sectorial impact of the TiSA negotiations;

Amendment 205 #

Eleonora FORENZA, Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Helmut SCHOLZ

Motion for a resolution
Paragraph 1 – point a – point viii

viii. to publish a sustainability impact assessment and, once the negotiations are finalised, to update it accordingly, taking specific account of its impact on citizens and workers; to request Parliament’s research services to publish a comprehensive, clear, up-to-date and informative study of the scope and potential impact of the TiSA negotiations and to promote its dissemination in the Member States;

Amendment 206 #

Motion for a resolution
Paragraph 1 – point a – point viii

viii. to publish a sustainability impact assessment and, once the negotiations are finalised, to update it accordingly, taking specific account of its impact on citizens and workers; to request Parliament’s research services to publish a comprehensive and informative study of the scope and potential impact of the TiSA negotiations also from a gender perspective and the need to tackle phaenomena such as the crystal ceiling and the gender pay gap;

Amendment 207 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point a – point viii

Amendment 208 #

Motion for a resolution
Paragraph 1 – point a – point viii a (new)

viiia. to develop for a credible methodology in the social impact assessments promoted by the European Commission;

Amendment 209 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point a – point viii b (new)

viiib. to ensure that developing countries have the prerogative of obtaining a differentiated treatment, such as it is recognized in art. IV of GATS, particularly regarding the dispositions on public procurement, market access and national treatment;

Amendment 21 #

Motion for a resolution
Recital A

A. whereas the TiSA negotiations a~~re aimed~~im at achieving better ~~international regulation~~conditions for market access and promoting best practices and standards, not lowering domestic regulation;

Amendment 210 #

Motion for a resolution
Paragraph 1 – point a – point viii a (new)

viiia. to take the strong public concerns about the content and scope of already leaked negotiating texts seriously;

Amendment 211 #

Motion for a resolution
Paragraph 1 – point a – point viii a (new)

viiia. if TiSA will be a GATS Article V agreement, to table a proposal for an annex on trade and sustainable development with binding commitments to ratify and effectively implement core ILO Conventions and the multilateral environmental agreements the EU is member to;

Amendment 212 #

Motion for a resolution
Paragraph 1 – point a – point viii a (new)

viiia. to acknowledge that consumers' rights, social standards and environmental commitments are not trade barriers and their protection should prevail over economic interests throughout the agreement;

Amendment 213 #

Motion for a resolution
Paragraph 1 – point a – point viii a (new)

viiia. to include a revision clause, that establishes a mechanism that provides a party with the opportunity to leave the agreement, or to suspend or to reverse commitments on liberalisation of a service, particularly in the event of infringements of labour and social standards;

Amendment 214 #

Motion for a resolution
Paragraph 1 – point a – point viii a (new)

viiia. to oppose any mechanism or procedure allowing a foreign service provider to obtain the revision of an administrative decision, even when non- discriminatory;

Amendment 215 #

Motion for a resolution
Paragraph 1 – point a – point viii b (new)

viiib. to ensure respect of the EU Charter of Fundamental Rights by all trade agreements, with systematic fundamental rights checks that are necessary in order to guarantee compliance; to carry out a fundamental rights check in order for the Parliament to be able to take an informed decision regarding giving its consent to TiSA or not;

Amendment 216 #

Motion for a resolution
Paragraph 1 – point a – point viii b (new)

viiib. to insist that the agreement should include the option of judicial review with regard to impact and respect for human rights in the context of trade in services;

Amendment 217 #

Motion for a resolution
Paragraph 1 – point a – point viii c (new)

viiic. to ensure that investor-to-state dispute settlement mechanisms cannot be 'imported' from other BITs by virtue of MFN clauses;

Amendment 218 #

Motion for a resolution
Paragraph 1 – point a – point viii c (new)

viiic. to ensure for legal disputes affecting compliance with this agreement to be referred to the public courts at the place of the defendant's registered office, and for proceedings to be conducted in the defendant's language and governed by the laws in force in the defendant's country; the right of appeal must be safeguarded;

Amendment 219 #

Franz OBERMAYR, Edouard FERRAND, Matteo SALVINI, Marine LE PEN

Motion for a resolution
Paragraph 1 – point b – point i

i. to exclude ~~public~~ services of general interest, services of general economic interest and cultural services from the scope of the negotiations, and to seek the further opening of foreign markets in telecommunications~~, transport~~ and professional services while respecting third countries' sensitivities, notably in the case of Developing Countries;

Amendment 22 #

Jude KIRTON-DARLING, Eric ANDRIEU, Victor BOŞTINARU, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Recital A

A. whereas the TiSA negotiations arshould be aimed at achieving better international regulation, not lower domestic regulation;

Amendment 220 #

Motion for a resolution
Paragraph 1 – point b – point i

i. to exclude public services ~~and~~, in particular all aspects of public services such as electricity, gas, water supply, hospitals, public transport and education as well as cultural services from the scope of the negotiations, and to seek the further opening of foreign markets in telecommunications, transport and professional services;

Amendment 221 #

Emma McCLARKIN

Motion for a resolution
Paragraph 1 – point b – point i

i. to exclude public services ~~and cultural services from the scope of the negotiations,~~from the scope of the EU's commitments and to ensure that no commitments or disciplines in the agreement prevent Member States from taking actions necessary to promote cultural diversity, given the special status of the sector in the EU and the Member States and to seek the further opening of foreign markets in telecommunications, transport and professional services;

Amendment 222 #

Motion for a resolution
Paragraph 1 – point b – point i

i. to exclude ~~public services and cultur~~, by means of an exception embodied in the actual text of the agreement, public services, non-profit services, social services of general interest, social security schemes and cultural and audiovisual services from the scope of the negotiations, and to seek the further opening of foreign markets in telecommunications, transport and professional services;

Amendment 223 #

Motion for a resolution
Paragraph 1 – point b – point i

i. to exclude public services, including public transport services, and cultural services from the scope of the negotiations~~, and to seek the further opening of foreign markets in telecommunications, transport and professional services~~;

Amendment 224 #

Motion for a resolution
Paragraph 1 – point b – point i

i. to exclude public services and cultural services from the scope of the negotiations by means of a carve-out provision in the core text of the agreement, and to seek the further opening of foreign markets in telecommunications, transport and professional services;

Amendment 225 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Karoline GRASWANDER-HAINZ, Bernd LANGE, Emmanuel MAUREL, Sorin MOISĂ, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point b – point i

i. to exclude public services a~~nd cultur~~s well as cultural and audio-visual services from the scope of the negotiations, and to seek the further opening of foreign markets in telecommunications, transport and professional services;

Amendment 226 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point b – point i

i. to exclude public services and ~~cultur~~audio- visual services from the scope of the negotiations, and to seek the further opening of foreign markets in telecommunications, transport and professional services;

Amendment 227 #

Motion for a resolution
Paragraph 1 – point b – point i

i. to exclude, in the body of the negotiating texts, all public services and cultural services from the scope of the negotiations~~, and to seek the further opening of foreign markets in telecommunications, transport and professional services;~~

Amendment 228 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU

Motion for a resolution
Paragraph 1 – point b – point i

i. to exclude public services and services of general interest, financial and cultural services from the scope of the negotiations~~, and to seek the further opening of foreign markets in telecommunications, transport and professional services;~~

Amendment 229 #

Daniel CASPARY, Viviane REDING

Motion for a resolution
Paragraph 1 – point b – point i

i. to exclude public services and cultural services from the ~~scope of the negotiations, and to seek the~~EU's commitments, and to seek ambitious commitments across parties, sectors and modes of supply, in particular further opening of foreign markets in telecommunications, transport, financial and professional services;

Amendment 23 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital A

A. whereas the currently available documents of the TiSA negotiations are ~~aimed~~not aiming at achieving ~~better~~the highest international regulation, nobut lower domestic regulation;

Amendment 230 #

Motion for a resolution
Paragraph 1 – point b – point i

i. to exclude ~~public servic~~services of general economic interest and cultural services ~~from the scope of the negotiations~~irrespective of whether they are privately or publicly provided or funded from the scope of the negotiations including, but not limited to, education, health, water supply, financial services, energy and social security, and to seek the further opening of foreign markets in telecommunications, transport and professional services;

Amendment 231 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point b – point i

Amendment 232 #

Motion for a resolution
Paragraph 1 – point b – point i a (new)

i a. to clarify the definition of public services and cultural services so that this carve-out is comprehensive;

Amendment 233 #

Motion for a resolution
Paragraph 1 – point b – point i a (new)

ia. to consider that the right of the State to organise and regulate the provision of services, taking account of social and environmental criteria as well as the public interest, must be defined in details by the agreement and retained in full;

Amendment 234 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point b – point i a (new)

ia. to recognize the great importance attached by European citizens to high- quality public services that contribute to social and territorial cohesion;

Amendment 235 #

Motion for a resolution
Paragraph 1 – point b – point i b (new)

ib. to ensure that the carve-out of public services is applied not only to the European Union's services, but also to any other party;

Amendment 236 #

Motion for a resolution
Paragraph 1 – point b – point ii

ii. to ensure reciprocity at all levels; to condition any further commitments beyond the EU’s current level of openness on the other parties’ proportionate offers; to support the use of horizontal commitment- related provisions as a means to set a common level of ambitions, and to take note that such minimum requirements would set clear parameters for countries interested in participatingwhile keeping flexibility for Developing Countries by including a specific provision on a special and differential treatment based on GATS Article IV; to condition any further commitments beyond the EU’s current level of openness on the other parties’ proportionate offers while respecting other Parties' sensitivities; to make limited and cautious use of horizontal commitment- related provisions as these would make TiSA depart too much from GATS, thereby undermining multilateralisation prospects;

Amendment 237 #

Motion for a resolution
Paragraph 1 – point b – point ii

ii. to ensure reciprocity at all levels; ~~to condition any further commitments beyond the EU’s current level of openness on the other parties’ proportionate offers;~~ to support the use of horizontal commitment- related provisions as a means to set a common level of ambitions, and to take note that such minimum requirements would set clear parameters for countries interested in participating;

Amendment 238 #

Jude KIRTON-DARLING, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point b – point ii

ii. to ensure ~~reciprocity at all level~~the agreement seeks to create a level playing field in the services sector and has its main objective to further liberalize global access to services and, in particular, to open new markets to EU services providers; to condition any further commitments beyond the EU’s current level of openness on the other parties’ proportionate offers; to support the use of horizontal commitment- related provisions as a means to set a common level of ambitions, and to take note that such minimum requirements would set clear parameters for countries interested in participating;

Amendment 239 #

Motion for a resolution
Paragraph 1 – point b – point ii

Amendment 24 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital A

A. whereas the TiSA negotiations are aimed at achieving better flows and access to services and stronger international regulation, not lower domestic regulation;

Amendment 240 #

Motion for a resolution
Paragraph 1 – point b – point ii

ii. to ensure reciprocity at all levels, reciprocity with equal partners respecting similar social standards, but asymmetry with other players, while keeping flexibility for Developing Countries by including a specific provision on a special and differential treatment based on GATS Article IV; to condition any further commitments beyond the EU’'s current level of openness on the other parties’' proportionate offers~~; to support the~~ while respecting other Parties' sensitivities; to support the use of making limited and cautious use of horizontal commitment- related provisions as a means to set a common level of ambitions, and to take note that such minimum requirements would set clear parameters for countries interested in participating as these would prevail over exclusions and reservations in the Parties' schedules of commitments and would make TiSA depart too much from GATS, thereby undermining multilateralisation prospects;

Amendment 241 #

Tokia SAÏFI, Franck PROUST

Motion for a resolution
Paragraph 1 – point b – point ii

ii. to ensure reciprocity at all levels and without additional conditions being imposed; to condition any further commitments beyond the EU’s current level of openness on the other parties’ proportionate offers; to support the use of horizontal commitment- related provisions as a means to set a common level of ambitions, and to take note that such minimum requirements would set clear parameters for countries interested in participating;

Amendment 242 #

Louis MICHEL, Gérard DEPREZ

Motion for a resolution
Paragraph 1 – point b – point ii

ii. to ensure ~~reciprocity~~proportionate commitments among the parties at all levels; to condition any further commitments beyond the EU’'s current level of openness on the other parties’' proportionate offers across all sectors and modes; to support the use of horizontal commitment- related provisions as a means to set a common level of ambitions, and to take note that such minimum requirements would set clear parameters for countries interested in participating;

Amendment 243 #

Motion for a resolution
Paragraph 1 – point b – point ii a (new)

iia. to ensure that the agreement is not detrimental to developing countries;

Amendment 244 #

Motion for a resolution
Paragraph 1 – point b – point iii

iii. to ~~exclude the provision of new services from the EU’s commitments~~future-proof the agreement to ensure that new services can be included at a later stage;

Amendment 245 #

Motion for a resolution
Paragraph 1 – point b – point iii

iii. to ~~exclude~~retain the ability to prevent the provision of new services ~~from the EU’s commitment~~not classified in the relevant classification system by foreign service suppliers;

Amendment 246 #

Motion for a resolution
Paragraph 1 – point b – point iii

iii. to ~~exclude the provision of new services from the EU’s commi~~support the Commission's mixed list approach to market access and national treatments;

Amendment 247 #

Motion for a resolution
Paragraph 1 – point b – point iii

iii. to ~~exclude~~retain the ability to prevent the provision of new services ~~from the EU’s commitment~~not classified in the relevant classification system by foreign service suppliers;

Amendment 248 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Victor BOŞTINARU, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, Emmanuel MAUREL, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point b – point iv

iv. to acknowledge that standstill and ratchet clauses do not apply to market access commitments; to note that standstill and ratchet do apply to national treatment in a hybrid list; to acknowledge that under national treatment there are important regulatory measures that could require revision if deemed necessary by regulators; to negotiate on the basis of a positive list and to drop standstill and ratchet clauses;

Amendment 249 #

Motion for a resolution
Paragraph 1 – point b – point iv

iv. to ~~acknowledge that~~reject the inclusion of any standstill and ratchet clauses ~~do not apply to market access commit~~on any of the disciplines contained in the agreements;

Amendment 25 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital A

A. whereas the TiSA negotiations are aimed at achieving better international regulation, not lower domestic regulation and may not deteriorate the social protection of workers;

Amendment 250 #

Motion for a resolution
Paragraph 1 – point b – point iv

iv. to ~~acknowledge that~~exclude any standstill and ratchet clauses ~~do not apply to market access commitments~~from the Treaty and recognize to all regional, national and local governments the full policy space to legislate;

Amendment 251 #

Daniel CASPARY, Viviane REDING

Motion for a resolution
Paragraph 1 – point b – point iv

iv. to ~~acknowledge that standstill and ratchet clauses do not apply to market access commitment~~uphold the framework of the agreement and to maintain the agreed rules with regards to the scheduling of commitments; in particular to acknowledge that standstill and ratchet clauses do not apply to market access commitments and that commitments are listed according to the hybrid approach, with a positive listing for market access;

Amendment 252 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU, Helmut SCHOLZ

Motion for a resolution
Paragraph 1 – point b – point iv

iv. to acknowledge that standstill and ratchet clauses do not apply to market access commitments; calls on the Commission to oppose any type of standstill or ratchet clauses in the whole agreement the ensure the right to regulate of Member States;

Amendment 253 #

Motion for a resolution
Paragraph 1 – point b – point iv

iv. to acknowledge that standstill and ratchet clauses do not apply to market access commitments, while supporting the use of standstill clauses in terms of national treatment to ensure that EU service providers continue to be protected from discrimination;

Amendment 254 #

Motion for a resolution
Paragraph 1 – point b – point iv

iv. to acknowledge that standstill and ratchet clauses do not apply to market access and national treatment commitments;

Amendment 255 #

Motion for a resolution
Paragraph 1 – point b – point iv

iv. to ~~acknowledg~~ensure that standstill and ratchet clauses do not apply to market access ~~commitments~~and national treatment commitments; to negotiate national treatment on the basis of a positive list approach;

Amendment 256 #

Motion for a resolution
Paragraph 1 – point b – point iv a (new)

iva. to include a provision in order to allow for withdrawal of commitments;

Amendment 257 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Victor BOŞTINARU, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, David MARTIN, Emmanuel MAUREL, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point b – point iv a (new)

iva. to use positive listing for all market access and national treatment commitments;

Amendment 258 #

Motion for a resolution
Paragraph 1 – point b – point iv a (new)

iva. to reject any standstill or ratchet clauses restricting the power of states to regulate services, reverse previous openings to competition or nationalize services; calls for solid legal guarantees to this effect in the TiSA;

Amendment 259 #

Maria ARENA, Agnes JONGERIUS, Emmanuel MAUREL

Motion for a resolution
Paragraph 1 – point b – point v

v. to undertake limited commitments in Mode 1 so as to avoid regulatory arbitrage and social dumping; to ensure that European rules are fully respected ~~when a company provides a service from abroad to European consumers~~and enforceable on foreign providers established in a third country when a company provides a service from abroad to European consumers; to note that the current proposals on horizontal localisation requirements would be in contradiction with these requests and to therefore reconsider the inclusion of the annex 'New Provisions Applicable to All Services';

Amendment 26 #

Motion for a resolution
Recital A

A. whereas the TiSA negotiations arshould be aimed at achieving ~~bett~~stronger international regulation, not lower domestic regulation;

Amendment 260 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, David MARTIN, Emmanuel MAUREL, Sorin MOISĂ, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point b – point v

v. to undertake extremely limited commitments in Mode 1 so as to avoid regulatory arbitrage and social dumping~~; to ensure that European rules are fully respected when a company provides a service from abroad to European consumers;~~ , particularly concerning sensitive sectors such as ICT; to ensure that European rules are fully respected and enforced on foreign providers established in third countries when a company provides a service from abroad to European consumers; to include provisions guaranteeing easy access to redress for consumers;

Amendment 261 #

Motion for a resolution
Paragraph 1 – point b – point v

v. to undertake ~~limited~~ commitments in Mode 1 ~~so as~~while being careful to avoid regulatory arbitrage and social dumping; to ensure that European rules are fully respected when a company provides a service from abroad to European consumers;

Amendment 262 #

Motion for a resolution
Paragraph 1 – point b – point v

v. to undertake limited commitments in Mode 1 so as to avoid regulatory arbitrage and social dumping; to ensure that European rules are fully respected ~~when a company provides a service from abroad to European consumers~~and enforceable over third countries service providers, providing a service from abroad to European consumers; to include provisions guaranteeing easy access to redress for consumers, if necessary, after the purchase of a service;

Amendment 263 #

Motion for a resolution
Paragraph 1 – point b – point v

v. to undertake ~~limited~~ commitments in Mode 1 so as to a~~void regulatory arbitrage and social dumping; to ensure that European rules are fully respected when a company provides a service from abroad to European consumers~~llow cross-border supply of services to facilitate the digitalisation and servicification of the economy, acknowledging that such commitments can only be fruitful in an appropriately regulated environment;

Amendment 264 #

Motion for a resolution
Paragraph 1 – point b – point v

v. to undertake ~~limited~~ambitious commitments in Mode 1 ~~so as to avoid regulatory arbitrage and social dumping; to~~, or the cross border supply of services, while ensureing that European rules are fully respected when a company provides a service from abroad to European consumers;

Amendment 265 #

Motion for a resolution
Paragraph 1 – point b – point v

v. to undertake limited commitments in Mode 1 so as to avoid regulatory arbitrage ~~and~~, social dumping~~; to ensure that European rules are fully respected when a company provides a service from abroad to European consumer~~ and unfair competition; ensure that EU rules, including social and employment provisions, are fully respected when a company provides a service to European consumers from abroad; calls on all contracting parties to ratify and implement the principal standards of the International Labour Organization; urges all contracting parties to comply with OECD guidelines for multinationals;

Amendment 266 #

Motion for a resolution
Paragraph 1 – point b – point v

v. to undertake limited commitments in Mode 1 so as to avoid regulatory arbitrage and social dumping; to ensure that European rules are fully respected when a company provides a service from abroad to European consumers, and to include provisions guaranteeing easy access to redress for consumers;

Amendment 267 #

Motion for a resolution
Paragraph 1 – point b – point v

Amendment 268 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Anne-Marie MINEUR, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point b – point v a (new)

va. to introduce into the text of the agreement a reference to the Charter of Fundamental Rights binding on the parties;

Amendment 269 #

Motion for a resolution
Paragraph 1 – point b – point vi

~~vi. to take an ambitious approach in Mode 3 by seeking the removal of third-country barriers to establishment, such as foreign equity caps and joint venture requirements;~~deleted

Amendment 27 #

Motion for a resolution
Recital A

A. whereas the TiSA negotiations are aimed at not only increasing market access and trade and investment but also achieving better international regulation, not lower domestic regulation, shaping globalisation to ensure that it reflects EU values and principles;

Amendment 270 #

Jude KIRTON-DARLING, Eric ANDRIEU, Agnes JONGERIUS, Emmanuel MAUREL, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point b – point vi

vi. to take an ambitious approach in Mode 3 by seeking the removal of third-country ~~barrier~~limitations to establishment, such as foreign equity caps and joint venture requirements, without however introducing horizontal general obligations to remove such limitations, while respecting other Parties' sensitivities and maintaining consistency with a special and differential treatment for Developing Countries;

Amendment 271 #

Motion for a resolution
Paragraph 1 – point b – point vi

vi. to ~~take an ambitious approach in Mode 3 by seeking~~secure the removal of third-country barriers to establishment, such as foreign equity caps and joint venture requirements; to retain the current overall level of limitations and reservations to Mode 3 commitments on the EU market;

Amendment 272 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU

Motion for a resolution
Paragraph 1 – point b – point vi

vi. to take a~~n ambi~~ cautious approach in Mode 3 b~~y seeking the removal of third-country barriers to establishment, such as foreign equity caps and joint venture requirement~~ecause sectors like education, care and other primary needs should always be in public hands;

Amendment 273 #

Motion for a resolution
Paragraph 1 – point b – point vi

vi. to take an ambitious approach in Mode 3 by seeking the removal of third-country barriers to commercial presence and establishment, such as foreign equity caps and joint venture requirements which is of crucial relevance in terms of increasing growth of services delivered through modes 1 and 4;

Amendment 274 #

Franz OBERMAYR, Edouard FERRAND, Matteo SALVINI, Marine LE PEN

Motion for a resolution
Paragraph 1 – point b – point vii

Amendment 275 #

Motion for a resolution
Paragraph 1 – point b – point vii

vii. to take a cautious approach in Mode 4~~, while bearing in mind that the EU has an offensive interest in the inward and outward movement of highly-skilled labour;~~ and to acknowledge that the labour clause maintains the legal obligation of foreign service providers to comply with EU and Member State social and labour legislation, as well as with collective agreements; to enter into ambitious commitments for those cases which underpin Mode 3 commitments;

Amendment 276 #

Jude KIRTON-DARLING, Eric ANDRIEU, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, Emmanuel MAUREL, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point b – point vii

Amendment 277 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point b – point vii

vii. to ~~take a cautious approach in Mode 4, while~~ bear~~ing~~ in mind that the EU has an key offensive interest in Mode 4, the inward and outward movement of highly-skilled labour; to acknowledge that the labour clause maintains the legal obligation of foreign service providers to comply with EU and Member State social and labour legislation, as well as with collective agreements; to enter into ambitious commitments for those cases which underpin Mode 3 commitments;

Amendment 278 #

Motion for a resolution
Paragraph 1 – point b – point vii

vii. to take a cautious approach in Mode 4, while bearing in mind that the EU has an offensive interest in the inward and outward movement of highly-skilled labour; to bear in mind the need for sufficient policy space in this sensitive area; to acknowledge that the labour clause maintains the legal obligation of foreign service providers to comply with EU and Member State social and labour legislation, as well as with collective agreements; ~~to enter into ambitious commitments for those cases which underpin Mode 3 commitments;~~

Amendment 279 #

Motion for a resolution
Paragraph 1 – point b – point vii

vii. to take a cautious approach in Mode 4, asking for a clear definition of the workers included under the annex on Mode 4; while bearing in mind that the EU has an offensive interest in the inward and outward movement of highly-skilled labour; to acknowledge that the labour clause maintains the legal obligation of foreign service providers to comply with EU and Member State social and labour legislation, as well as with collective agreements; to enter into ambitious commitments for those cases which underpin Mode 3 commitments;

Amendment 28 #

Motion for a resolution
Recital A

A. whereas the TiSA negotiations arshall be aimed at achieving better international regulation, not lower domestic regulation; whereas the trade rules to be negotiated must contribute both to making trade fairer and more equitable, and to sustainable development;

Amendment 280 #

Motion for a resolution
Paragraph 1 – point b – point vii

vii. to take a c~~autious~~omprehensive approach in Mode 4, ~~while bearing in mind that~~as the EU has an clear offensive interest in the inward and outward movement of highly-skilled labour; to acknowledge that the labour clause maintains the legal obligation of foreign service providers to comply with EU and Member State social and labour legislation, as well as with collective agreements; to enter into ambitious commitments for those cases which underpin Mode 3 commitments;

Amendment 281 #

Motion for a resolution
Paragraph 1 – point b – point vii

vii. to take a cautious approach in Mode 4, while bearing in mind that the EU has an offensive interest in the inward and outward movement of highly-skilled labour; to acknowledge that the labour clause maintains the legal obligation of foreign service providers to comply with EU and Member State social and labour legislation, as well as withnote that that a revision of the EU Posting of Workers and Social Security Systems coordination legislations must take place to overcome current social dumping challenges before concluding any trade agreement containing Mode 4 provisions, and that these provisions must build on those newly revised legislations; therefore to reject any new commitment on Mode 4; Mode 4 must not be used to undermine labour standards or collective agreements~~; to enter into~~ nor member states' ambi~~tious commitments for those cases which underpin Mode 3 commitments~~lity to conduct labour market needs tests; to bind Mode 4 to cross border cooperation between labour inspection administration and justice;

Amendment 282 #

Motion for a resolution
Paragraph 1 – point b – point vii

Amendment 283 #

Motion for a resolution
Paragraph 1 – point b – point viii

viii. to acknowledge that by means of limitations and exemptions, each Party retains the sovereign right to choose which sectors to open to foreign competition and to what extent; to remind however that ratchet and standstill clauses, even if only applied to national treatment, do not allow reducing committed levels of liberalisation if a new regulatory environment so requires; to therefore base negotiations on a positive list in order for national authorities to fully retain such sovereign right;

Amendment 284 #

Franck PROUST

Motion for a resolution
Paragraph 1 – point b – point viii

viii. to acknowledge that by means of motivated limitations and exemptions, each Party retains the sovereign right to choose which sectors to open to foreign competition and to what extent;

Amendment 285 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, Emmanuel MAUREL, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point b – point viii

viii. to acknowledge that ~~by means of limitations and exemptions,~~ each Party retains the sovereign right to choose which sectors to open to foreign competition and to what extent, on the basis of a transparent approach and a positive list of all sectors;

Amendment 286 #

Motion for a resolution
Paragraph 1 – point b – point viii

viii. to ~~acknowledge that by means of limitations and exemptions, each Party retains the~~respect Member States' sovereign right to choose which sectors to open to foreign competition and to what extent by means of limitations and exemptions; to refrain from pressuring Member States not to exercise this right in full;

Amendment 287 #

Motion for a resolution
Paragraph 1 – point b – point viii

viii. to acknowledge that ~~by means of limitations and exemptions,~~ each Party retains the sovereign right to choose which sectors to open to foreign competition and to what extent;

Amendment 288 #

Motion for a resolution
Paragraph 1 – point b – point ix

ix. to exclude, in line with Articles 14 and 106 of as well as protocol 26 to the TFEU, current and future Services of General Interest (SGI) as well as Services of General Economic Interest ~~from EU commit~~(SGEI) from the agreements (including but not limited to water, health, social services, social security systems and education); to ensure that European, national and local authorities retain the full right to introduce, adopt, maintain or repeal any measures with regard to the commissioning, organisation, funding and provision of ~~public service~~SGIs and SGEIs; to apply this exclusion irrespective of how the ~~public service~~SGIs and SGEIs are provided and funded; to acknowledge that social security systems are excluded from the negotiations; to note that some SGIs and SGEIs are classified under business services or distribution services and to make sure such cross-sectorial dimension is covered when excluding SGIs and SGEIs from the agreement;

Amendment 289 #

Motion for a resolution
Paragraph 1 – point b – point ix

ix. to exclude from the scope of the agreement by means of an exemption included in the actual text thereof, in line with Articles 14 and 106 ofTFEU as well as pProtocol 26 to the TFEU, current and future Services of General Interest as well as Services of General Economic Interest ~~from EU commitments~~ (including but not limited to water, waste management, health, social services, social security systems and education)~~; to~~, as the only means of ensureing that European, national and local authorities retain the full right to introduce, adopt, maintain or repeal any measures with regard to the commissioning, organisation, funding and provision of public services~~; to apply this exclusion~~ irrespective of how the ~~public~~ services are provided and funded; to acknowledge that social security systems are excluded from the negotiations;

Amendment 29 #

Motion for a resolution
Recital A a (new)

Aa. whereas trade is an important tool to stimulate growth and jobs without government investments;

Amendment 290 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point b – point ix

ix. to explicitly exclude, in line with Articles 14 and 106 of as well as protocol 26 to the TFEU, current and future Services of General Interest as well as Services of General Economic Interest from EU commitments (including but not limited to water, health, social services, social security systems and education); to ensure that European, national and local authorities retain the full right to introduce, adopt, maintain or repeal any measures with regard to the commissioning, organisation, funding and provision of public services; to apply this exclusion irrespective of how the public services are provided and funded; to acknowledge that social security systems are excluded from the negotiations to ensure that privately funded foreign institutions meet the same quality, performance and accreditation requirements and standards as domestic institutions;

Amendment 291 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Victor BOŞTINARU, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, Bernd LANGE, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point b – point ix

ix. to exclude, in line with Articles 14 and 106 of the TFEU as well as protocol 26 to the TFEU, current and future Services of General Interest as well as Services of General Economic Interest from ~~EU commitments~~ the scope of the agreement through a carve-out located in its core text (including but not limited to water, waste management, health, social services, social security systems and education);, as the only means to ensure that European, national and local authorities retain the full right to introduce, adopt, maintain or repeal any measures with regard to the commissioning, organisation, funding and provision of public services~~; to apply this exclusion~~, irrespective of how the public services are provided and funded; ~~to acknowledge that social security systems are excluded from the negotiations;~~

Amendment 292 #

Motion for a resolution
Paragraph 1 – point b – point ix

ix. to exclude, in line with Articles 14 and 106 of as well as protocol 26 to the TFEU, current and future Services of General Interest as well as Services of General Economic Interest from EU commitments (including but not limited to water, water treatment, health, social services, social security systems ~~and e~~, education, energy producation) and supply; to ensure that European, national and local authorities retain the full right to introduce, adopt, maintain or, repeal or extend any measures with regard to the commissioning, organisation, funding and provision of public services; to apply this exclusion irrespective of how the public services are provided and funded; to acknowledge that social security systems are entirely excluded from the scope of the negotiations;

Amendment 293 #

Motion for a resolution
Paragraph 1 – point b – point ix a (new)

ixa. to fully exclude water and sanitation services, such as production, distribution and treatment from the agreement; to withdraw proposed commitments on waste water services from the EU offer; to include a clause on genuine access to drinking water that is applicable to all Parties in line with the Union's long- lasting commitment to sustainable development and human rights;

Amendment 294 #

Motion for a resolution
Paragraph 1 – point b – point ix a (new)

ixa. to oppose restrictions on cross- subsidisation of undertakings under the same local authority where they exceed the restrictions existing under EU and national law;

Amendment 295 #

Motion for a resolution
Paragraph 1 – point b – point ix a (new)

ixa. to support provisions limiting competition in public contracts or introducing discrimination in the award thereof, where designed to encourage local business activity, e.g. through use of quotas in respect of local production capacity, labour or services and materials, as is done by many negotiating parties;

Amendment 296 #

Motion for a resolution
Paragraph 1 – point b – point ix b (new)

ixb. to reject the proposal on a patient mobility Annex;

Amendment 297 #

Motion for a resolution
Paragraph 1 – point b – point ix b (new)

ixb. to call for health, welfare, employment, education and childcare services and the provision and treatment of drinking water to be formally excluded from the negotiations; to call for an open list of exclusions, enabling the parties to add new exemptions and new types of service in future;

Amendment 298 #

Motion for a resolution
Paragraph 1 – point b – point x

x. to introduce an unequivocal ‘gold standard’ clause~~, which c~~ explicitly based on the principles laid down in Article 14 TFEU and Protocol 26 and including a reference to the specific regulatory regimes public services are subject to, the social purpose they pursue, the function they play in society and the specific obligations imposed on service providers in the public interest, which should be included in all trade agreements and would ~~clarify that~~replace the public utilities clause a~~pplies~~nd apply to all modes of supply and to any services considered as public services by European, national or regional authorities;

Amendment 299 #

Motion for a resolution
Paragraph 1 – point b – point x

x. to introduce by means of an exemption situated in the actual text of the agreement an unequivocal ‘gold standard’ clause, which could be included in all trade agreements and would ~~clarify~~ensure that the public utilities clause applies to all modes of supply and to any services considered as public services by European, national or regional authorities; in all sectors and independently of the monopoly status of the service;

Amendment 3 #

Motion for a resolution
Citation 5 a (new)

- having regard to its resolution on 8 September 2015 on the follow-up to the European Citizens’ Initiative Right2Water,

Amendment 30 #

Motion for a resolution
Recital A a (new)

Aa. whereas trade is an important tool to stimulate growth and jobs without government investments;

Amendment 300 #

Motion for a resolution
Paragraph 1 – point b – point x

x. to introduce an unequivocal ‘'gold standard’' clause, which could be included in all trade agreements and ~~would clarify that the public utilities clause applies to all modes of supply and to any services considered as public services by European, national or regional authorities~~explicitly exclude public services from the scope of the agreement by means of a carve-out provision in the core text of the agreement;

Amendment 301 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Victor BOŞTINARU, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point b – point x

x. to introduce an unequivocal ‘gold standard’ clause, which could be included in all trade agreements and would ~~clarify~~ensure that the public utilities clause applies to all modes of supply ~~and to~~, any services considered as public services by European, national or regional authorities in any sector and irrespective of the service's monopoly status;

Amendment 302 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point b – point x

x. to consider the introducetion of an unequivocal ‘gold standard’ clause, which could be included in all trade agreements and would clarify that the public utilities clause applies to all modes of supply and to any services considered as public services by European, national or regional authorities;

Amendment 303 #

Motion for a resolution
Paragraph 1 – point b – point x

x. to introduce an unequivocal ‘'gold standard’' clause, ~~which could~~that compiles with ILO core labour standards, and that explicitly excludes public services from the general scope of the agreement by a comprehensive and unequivocal exclusion in the core text of the agreement; this gold standard must be included in all trade agreements and would clarify that the public utilities clause applies to all modes of supply and to any services considered as public services by European, national or regional authorities and irrespective how these services are founded, organised and provided;

Amendment 304 #

Motion for a resolution
Paragraph 1 – point b – point x

x. to introduce an unequivocal ‘gold standard’ clause, which could be included in all trade agreements and would clarify that the public utilities clause applies to all modes of supply and to any services considered as public services and services of general interest by European, national or regional authorities;

Amendment 305 #

Motion for a resolution
Paragraph 1 – point b – point x

x. to introduce an unequivocal ‘'gold standard’' clause, which could be included in all trade agreements and would ~~clarify that~~replace the public utilities clause a~~pplies~~nd apply to all modes of supply and to any services considered as public services irrespective of whether they are jointly provided or funded by private companies and by European, national or regional or local authorities;

Amendment 306 #

Motion for a resolution
Paragraph 1 – point b – point x

x. to consider the introducetion of an unequivocal ‘'gold standard’' clause, which could be included in all trade agreements and would clarify that the public utilities clause applies to all modes of supply and to any services considered as public services by European, national or regional authorities;

Amendment 307 #

Motion for a resolution
Paragraph 1 – point b – point x a (new)

xa. to insist that EU service providers should have full access to liberalized services in TiSA countries; to ensure that the final agreement includes a clause guaranteeing the non-discriminatory treatment of European services providers, especially when it comes to the public procurement markets for services, at any level of government, and to ensure transparent access at a level equal to that applying today in Europe under the new EU public procurement and concessions rules;

Amendment 308 #

Motion for a resolution
Paragraph 1 – point b – point xi

xi. to ensure~~, in line with Article 167(4) TFEU and with the UNESCO Convention on the protection and promotion of the diversity of cultural expressions, that the parties preserve their right to adopt or mainta~~ that the Union and its Member States maintain the possibility to preserve and develop their capacity to define any measure with respect to the protection or promotion of cultural and linguistic diversity; to explicitly exclude audiovisual services, media and publishing from the scope of the agreement, irrespective of the technology or distribution platform usedd implement cultural and audiovisual policies for the purposes of preserving their cultural diversity;

Amendment 309 #

Motion for a resolution
Paragraph 1 – point b – point xi

xi. to ensure, in line with Article 167(4) TFEU and with the UNESCO Convention on the protection and promotion of the diversity of cultural expressions, that the parties preserve their right to adopt or maintain any measure with respect to the protection or promotion of cultural and linguistic diversity; to explicitly exclude audiovisual services, media ~~and publishing~~, broadcasting, publishing and all other services that are not formally included in the audiovisual service category and that are relevant for culture from the scope of the agreement, irrespective of the technology or distribution platform used;

Amendment 31 #

Motion for a resolution
Recital A b (new)

Ab. whereas the European Union's economy is highly dependent on trade and therefore has a vital interest in strengthening rules-based trade across the globe;

Amendment 310 #

Motion for a resolution
Paragraph 1 – point b – point xi

xi. to ensure, by means of a legally binding horizontal clause and in line with Article 167(4) TFEU and with the UNESCO Convention on the protection and promotion of the diversity of cultural expressions, that the parties preserve their right to adopt or maintain any measure with respect to the protection or promotion of cultural and linguistic diversity; to explicitly exclude audiovisual services, media and publishing from the scope of the agreement, irrespective of the technology or distribution platform used;

Amendment 311 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point b – point xi

xi. to ensure, in line with Article 167(4) TFEU and with the UNESCO Convention on the protection and promotion of the diversity of cultural expressions, that the parties preserve their right to adopt or maintain any measure with respect to the protection or promotion of cultural and linguistic diversity; to explicitly exclude audiovisual services~~, media and publishing~~ from the scope of the agreement, irrespective of the technology or distribution platform used;

Amendment 312 #

Motion for a resolution
Paragraph 1 – point b – point xi

xi. to ensure, in line with Article 167(4) TFEU and with the UNESCO Convention on the protection and promotion of the diversity of cultural expressions, that the parties preserve their right to adopt or maintain any measure with respect to the protection or promotion of cultural and linguistic diversity; to explicitly exclude cultural, audiovisual services, media, broadcasting and publishing from the scope of the agreement, irrespective of the technology or distribution platform used;

Amendment 313 #

Motion for a resolution
Paragraph 1 – point b – point xi

xi. to ensure, in line with Article 167(4) TFEU and with the UNESCO Convention on the protection and promotion of the diversity of cultural expressions, that the parties preserve their right to adopt or maintain any measure with respect to the protection or promotion of cultural and linguistic diversity; to explicitly exclude audiovisual services, both online and offline, media and publishing from the scope of the agreement, irrespective of the technology or distribution platform used;

Amendment 314 #

Emma McCLARKIN

Motion for a resolution
Paragraph 1 – point b – point xi

xi. to ensure, in line with Article 167(4) TFEU and with the UNESCO Convention on the protection and promotion of the diversity of cultural expressions, that the parties preserve their right to adopt or maintain any measure with respect to the protection or promotion of cultural and linguistic diversity; to explicitly exclude audiovisual services~~, media and publishing from the scope of the agree~~ from the EU's commitments, irrespective of the technology or distribution platform used;

Amendment 315 #

Motion for a resolution
Paragraph 1 – point b – point xi

xi. to ensure, in line with Article 167(4) TFEU and with the UNESCO Convention on the protection and promotion of the diversity of cultural expressions, that the parties preserve their right to adopt or maintain any measure with respect to the protection or promotion of cultural and linguistic diversity through the addition of a legally binding general clause applicable to the entire agreement; to explicitly exclude audiovisual services, media and publishing from the scope of the agreement, irrespective of the technology or distribution platform used;

Amendment 316 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point b – point xi

xi. to ensure, in line with Article 167(4) TFEU and with the UNESCO Convention on the protection and promotion of the diversity of cultural expressions, that the parties preserve their right to adopt or maintain any measure with respect to the protection or promotion of cultural and linguistic diversity; to explicitly exclude audiovisual services~~, media and publishing~~ from the scope of the agreement, irrespective of the technology or distribution platform used;

Amendment 317 #

Motion for a resolution
Paragraph 1 – point b – point xi a (new)

xia. to make the ratification, implementation and effective application of all ILO-Core labour standards imperative for any participant of the agreement;

Amendment 318 #

Eleonora FORENZA, Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Helmut SCHOLZ

Motion for a resolution
Paragraph 1 – point b – point xi a (new)

xia. calls to carefully assess TiSA's impact on gender equality in Europe and women´s rights, in particular on those sectors such as education, household works, which will foremost affect women who are predominant in these sectors, and who are more dependent on public services in particular on child and elderly care, family counselling and abortion facilities;

Amendment 319 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Anne-Marie MINEUR, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point b – point xi b (new)

xib. to ensure that the agreement does not limit the policy space for national, regional and local governments to respond to negative liberalisation experiences and to meet democratic demands for re-regulation (including re- municipalisation);

Amendment 32 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Anne-Marie MINEUR, Eleonora FORENZA

Motion for a resolution
Recital A b (new)

Ab. whereas the European Union's economy is highly dependent on trade and therefore has a vital interest in strengthening rules-based trade across the globe;

Amendment 320 #

Motion for a resolution
Paragraph 1 – point b – point xi c (new)

xic. to ensure that the agreement includes a simplified withdrawal procedure;

Amendment 321 #

Motion for a resolution
Paragraph 1 – point b a (new)

(ba) to recall the right of States to define, provide and organise services for the public good as they see fit; to oppose the restriction of this right by a trade agreement;

Amendment 322 #

Motion for a resolution
Paragraph 1 – point c – point -i (new)

-i. to ensure that TiSA is in alignment with the EU's previous commitments, allowing for the full functioning of the digital ecosystem, and promoting the cross-border data flows processed for legitimate purposes; to ensure that provisions under TiSA shall not prevent service suppliers of the parties or customers of those suppliers from electronically transferring information internally or across borders, accessing publicly available information, or accessing their own information stored in other countries; to ensure that TiSA prohibits any requirements on ICT service suppliers to use local infrastructure, or establish a local presence, as a condition of supplying services;

Amendment 323 #

Eleonora FORENZA, Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU

Motion for a resolution
Paragraph 1 – point c – point -i (new)

-i. to consider that Parliament expresses serious concern over the draft TiSA agreement, which would seriously undermine the Union's provisions and safeguards concerning the protection and transfer to third countries of the personal data of its citizens;

Amendment 324 #

Motion for a resolution
Paragraph 1 – point c – point i

i. to ensure cross-border data flows, only if they are in compliance with the universal right to privacy therefore demands the exemption of data flows from the market access and national treatment commitments;

Amendment 325 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point c – point i

i. to ensure cross-border data flows, only if they are in compliance with the universal right to privacy;

Amendment 326 #

Motion for a resolution
Paragraph 1 – point c – point i

i. to ensure cross-border data flows in compliance with the universal right to privacy, to prevent geoblocking practices and to uphold the principle of open governance of the internet;

Amendment 327 #

Motion for a resolution
Paragraph 1 – point c – point i

i. to ensure cross-border data flows, which are a crucial driver of the services economy and an essential element of the global value chain of traditional manufacturing companies, in compliance with the universal right to privacy;

Amendment 328 #

Motion for a resolution
Paragraph 1 – point c – point i

i. to ensure cross-border data flows in compliance with the universal right to privacy and with fundamental rights and freedoms;

Amendment 329 #

Motion for a resolution
Paragraph 1 – point c – point i

i. to ensure cross-border data flows in compliance with ~~the universal right to privacy~~EU data protection laws;

Amendment 33 #

Motion for a resolution
Recital A c (new)

Ac. whereas the EU's services sector is already the most open in the world, while many other important markets are still partly closed to European companies and do not offer opportunities for fair competition;

Amendment 330 #

Motion for a resolution
Paragraph 1 – point c – point i

i. to ensure cross-border data flows in compliance with the universal right to privacy; to prevent geo-blocking practices;

Amendment 331 #

Motion for a resolution
Paragraph 1 – point c – point i

Amendment 332 #

Motion for a resolution
Paragraph 1 – point c – point i a (new)

i a. to ensure that the negotiations concerning the transfer of personal data outside the Union can continue only if full compliance with EU data protection legislation is guaranteed; points out that personal data may be processed only in Europe and that all rules relating to the transfer of data to third countries are exceptions to that principle and must meet certain conditions; in particular, the third country must ensure an appropriate level of protection and ensure that EU citizens have at least the same opportunities to appeal and the same procedural rights as provided by EU law in the event of any unlawful use of their personal data;

Amendment 333 #

Motion for a resolution
Paragraph 1 – point c – point i a (new)

ia. to acknowledge that a high level of trust is essential to develop a data-driven economy, which includes open data, anonymous data and non-personal data that are generated as a by-product by machines/sensors;

Amendment 334 #

Motion for a resolution
Paragraph 1 – point c – point i a (new)

Amendment 335 #

Motion for a resolution
Paragraph 1 – point c – point i a (new)

ia. to take an extremely cautious approach to the negotiation of chapters concerning data and privacy protection;

Amendment 336 #

Motion for a resolution
Paragraph 1 – point c – point ii

ii. to acknowledge that data protection is not a trade barrier, but a fundamental right, enshrined in Article 39 TEU and Article 8 of the Charter of Fundamental Rights of the European Union, as well as in Article 12 of the Universal Declaration of Human Rights; to ~~acknowledge that GATS Article XIV~~incorporate, as a key priority, a comprehensive and unambiguous horizontal self-standing provision, which fully exempts the existing and future EU legal framework for the protection of personal data from these negotiations, wi~~ll be replicated in the TiSA core text~~thout any condition that it must be consistent with other parts of TiSA; to apply such provisions to all other TiSA annexes;

Amendment 337 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point c – point ii

ii. to acknowledge that data protection is ~~not a trade barrier, but~~ a fundamental right, enshrined in Article 39 TEU and Article 8 of the Charter of Fundamental Rights of the European Union, as well as in Article 12 of the Universal Declaration of Human Rights, but can be abused to create illegitimate trade barriers, as seen with some of our trading partners; to acknowledge that GATS Article XIV, which fully exempts the existing and future EU legal framework for the protection of personal data from these negotiations, will be replicated in the TiSA core text;

Amendment 338 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, David MARTIN, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point c – point ii

ii. to acknowledge that data protection is not a trade barrier, but a fundamental right, enshrined in Article 39 TEU and Article 8 of the Charter of Fundamental Rights of the European Union, as well as in Article 12 of the Universal Declaration of Human Rights; to ~~acknowledg~~ensure that GATS Article XIV, which fully exempts the existing and future EU legal framework for the protection of personal data from these negotiations, will be replicated in the TiSA core text; in addition, to insert a legally binding horizontal clause in TiSA to guarantee full respect of these fundamental rights, taking due account of recent developments in the digital economy and in full compliance with the European Court of Justice's ruling with respect to the Safe Harbour Agreement;

Amendment 339 #

Motion for a resolution
Paragraph 1 – point c – point ii

ii. to acknowledge that data protection is not a trade barrier, but a fundamental right, enshrined in Article 39 TEU and Article 8 of the Charter of Fundamental Rights of the European Union, as well as in Article 12 of the Universal Declaration of Human Rights; to acknowledge that to incorporate, as a key priority, a comprehensive and unambiguous horizontal self-standing provision GATS Article XIV, which fully exempts the existing and future EU legal framework for the protection of personal data from these negotiations, wi~~ll be replicated in the TiSA core text~~thout any condition that it must be consistent with other part of TiSA will be replicated in the TiSA core text; to apply such provisions to all other TiSA annexes;

Amendment 34 #

Motion for a resolution
Recital A c (new)

Amendment 340 #

Motion for a resolution
Paragraph 1 – point c – point ii

ii. to acknowledge that data protection is not a trade barrier, but a fundamental right, enshrined in Article 39 TEU and Article 8 of the Charter of Fundamental Rights of the European Union, as well as in Article 12 of the Universal Declaration of Human Rights and ensure that the agreement guarantees full respect for these rights through a legally binding clause; to acknowledge that GATS Article XIV, which fully exempts the existing and future EU legal framework for the protection of personal data from these negotiations, will be replicated in the TiSA core text;

Amendment 341 #

Motion for a resolution
Paragraph 1 – point c – point ii

ii. to acknowledge that data protection ~~is not a~~and respect for privacy are not trade barriers, but a fundamental right, enshrined in Article 39 TEU and Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, as well as in Article 12 of the Universal Declaration of Human Rights; to acknowledge that GATS Article XIV, which fully exempts the existing and future EU legal framework for the protection of personal data from these negotiations, will be replicated in the TiSA core text;

Amendment 342 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point c – point ii

ii. to acknowledge that data protection is not a trade barrier, but a fundamental right, enshrined in Article 39 TEU and Article 8 of the Charter of Fundamental Rights of the European Union, as well as in Article 12 of the Universal Declaration of Human Rights and to ensure that the agreement guarantees full respect for these rights through a legally binding clause; to acknowledge that GATS Article XIV, which fully exempts the existing and future EU legal framework for the protection of personal data from these negotiations, will be replicated in the TiSA core text; to further ensure that the existing and future EU legal framework for the protection of personal data is fully exempted from the agreement through the inclusion of a comprehensive and unambiguous self- standing horizontal provision;

Amendment 343 #

Motion for a resolution
Paragraph 1 – point c – point ii a (new)

iia. to reaffirm that the European Law on data protection will prevail over any disposition on the treaty and that the European Court of Justice can intercede if any data flow damages or could damage data protection;

Amendment 344 #

Motion for a resolution
Paragraph 1 – point c – point ii a (new)

iia. to further ensure that the existing and future EU legal framework for the protection of personal data is fully exempted from the agreement through the inclusion of a comprehensive and unambiguous self-standing horizontal provision;

Amendment 345 #

Motion for a resolution
Paragraph 1 – point c – point ii a (new)

iia. to recognise the importance of the principle of net neutrality in order to ensure that internet users have access to open and non-discriminatory communications and information; to reject the inclusion in the TiSA of provisions allowing internet service providers to be exempt from the principle of net neutrality;

Amendment 346 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point c – point iii

iii. to ensure that European citizens’ personal data ~~flow global~~can be transferred outside the EU only inf full compliance with the data protection and security rules in force in Europe is guaranteed and respected; to ensure that citizens remain in control of their own data; to immediately formally reject, therefore, any ‘catch-all’ provisions on data flows which are disconnected from any reference to the necessary compliance with data protection standards; ~~to mirror the language used in the WTO Understanding on financial services;~~

Amendment 347 #

Motion for a resolution
Paragraph 1 – point c – point iii

iii. to ensure that European citizens’' personal data flow globally can be transferred outside the EU only if in full compliance with the data protection and security rules in force in Europe is guaranteed and respected; to ensure that citizens remain in control of their own data; to immediately formally reject, therefore, any ‘'catch-all’' provisions on data flows which are disconnected from any reference to the necessary compliance with data protection standards; to mirror the language used in the WTO Understanding on financial services;

Amendment 348 #

Motion for a resolution
Paragraph 1 – point c – point iii

iii. to ensure that European citizens’' personal data flow globally in full compliance with the data protection and security rules in force in Europe; to ensure that citizens remain in control of their own data; to ensure that personal data transferred to third countries are deleted after a certain amount of time; to ensure that EU citizens have a 'right to be forgotten' even if their personal data is transferred to third countries; to oppose any attempt to limit the powers of European and national supervisory bodies which protect personal data; to reject, therefore, any ‘'catch-all’' provisions on data flows which are disconnected from any reference to the necessary compliance with data protection standards; to mirror the language used in the WTO Understanding on financial services;

Amendment 349 #

Motion for a resolution
Paragraph 1 – point c – point iii

iii. to ensure that European citizens’' personal data flow globally in full compliance with the data protection and security rules in force in Europe; to ensure that citizens remain in control of their own data; to reject, therefore, any ‘'catch-all’' provisions on data flows which are disconnected from any reference to the necessary compliance with data protection standards; ~~to mirror the language used in the WTO Understanding on financial services~~;

Amendment 35 #

Motion for a resolution
Recital B

B. whereas any trade agreement must provide more rights and ~~lowe~~fair prices to European consumers, more rights and decent wages for workers and level the playing field for European companies;

Amendment 350 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point c – point iii a (new)

iiia. to immediately and formally oppose the US proposals on movement of information and prohibition to use local infrastructure in the e-commerce annex;

Amendment 351 #

Motion for a resolution
Paragraph 1 – point c – point iii a (new)

iiia. to immediately and formally oppose the US proposals on movement of information and prohibition and local infrastructure in the e-commerce annex;

Amendment 352 #

Motion for a resolution
Paragraph 1 – point c – point iii a (new)

iii a. to ensure that TiSA signatories respect the principle of open and non- discriminatory internet access for service providers;

Amendment 353 #

Motion for a resolution
Paragraph 1 – point c – point iii a (new)

iiia. to include clauses reflecting all European regulation guaranteeing respect for private life, confirming the rights of individuals to information on and control of the use made of their personal data, guaranteeing their ownership of it and prohibiting any transfer of data from one body to another, even for the purposes of storage or processing;

Amendment 354 #

Motion for a resolution
Paragraph 1 – point c – point iv

iv. to ensure that national security clauses are grounded in appropriate necessity criteria; to firmly reject, therefore, any extension of the scope of the national security exemption enshrined in GATS Article XIVa ; , including elements of forced data localisation and backdoors in technologies that could be used to allow access to users personal data and which increase complexity and uncertainty for SMEs;

Amendment 355 #

Motion for a resolution
Paragraph 1 – point c – point iv

iv. to ensure that language on the national security ~~clauses are grounded in appropriate necessity criteria; to firmly reject, therefore, any extension of the scope of the national security exemption enshrined in GATS Article XIVa~~ exemption mirrors the GATS Article XIVa, so as to ensure that nothing in the agreement shall be construed as limiting the parties from taking action to ensure their essential security interests and those of their citizens;

Amendment 356 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Emmanuel MAUREL, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point c – point iv

iv. to ensure that national security clauses are grounded in appropriate necessity criteria; to firmly reject, therefore, any extension of the scope of the national security exemption enshrined in GATS Article XIVa , including elements of forced data localisation and backdoors in technologies that could be used to allow access to users personal data and which increase complexity and uncertainty for SMEs;

Amendment 357 #

Motion for a resolution
Paragraph 1 – point c – point v

v. to recognise that digital innovation is a driver of economic growth and productivity in the entire economy; to recognise the need for data flows; to seek, therefore, a comprehensive prohibition of forced data localisation requirements;deleted

Amendment 358 #

Motion for a resolution
Paragraph 1 – point c – point v

v. to recognise that digital innovation is a driver of economic growth and productivity in the entire economy; to recognise the need for data flows; to ~~seek, therefore, a comprehensive prohibition of forced data localisation requirement~~insist that any localisation requirements on data and data processing equipment and establishment be in line with EU rules on data transfers;

Amendment 359 #

Motion for a resolution
Paragraph 1 – point c – point v

v. to recognise that digital innovation is a driver of economic growth and productivity in the entire economy; to recognise the need for data flows in order to support growth in the Digital Single Market; to seek, therefore, a comprehensive prohibition of forced data localisation requirements;

Amendment 36 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital B

B. whereas any trade agreement must provide more jobs, more rights and lower prices to European consumers and level the playing field for European companies;

Amendment 360 #

Motion for a resolution
Paragraph 1 – point c – point v

v. to recognise that digital innovation is a driver of economic growth and productivity in the entire economy; to recognise th~~e need for~~at data flo~~ws; to seek, therefore, a comprehensive prohibition of forced data localisation requirements~~calisation requirements can be in certain situations the only reliable way to assure data protection, and, therefore, must be allowed;

Amendment 361 #

Motion for a resolution
Paragraph 1 – point c – point v

v. to recognise that broadband competition and digital innovation ~~is a~~are drivers of economic growth and productivity in the entire economy; to recognise the need for data flows; to seek, therefore, a comprehensive prohibition of forced data localisation requirements;

Amendment 362 #

Motion for a resolution
Paragraph 1 – point c – point v

v. to recognise that digital innovation is a driver of economic growth and productivity in the entire economy and can thus help address problems including youth unemployment in the EU; to recognise the need for data flows; to seek, therefore, a comprehensive prohibition of forced data localisation requirements;

Amendment 363 #

Motion for a resolution
Paragraph 1 – point c – point v

v. to recognise that digital innovation is a driver of economic growth and productivity in the entire economy; to recognise the need for data flows; ~~to seek, therefore, a comprehensive prohibition of forced data localisation requirements;~~

Amendment 364 #

Motion for a resolution
Paragraph 1 – point c – point v

v. to recognise that digital innovation ~~is a~~has become a key driver of economic growth and productivity in the entire economy, underlining the need to ensure that TiSA contains modern and future orientated rules and disciplines concerning e- commerce preventing fragmentation and the establishment of new barriers to digital trade; to recognise the need for data flows; to seek, therefore, a comprehensive prohibition of forced data localisation requirements;

Amendment 365 #

Motion for a resolution
Paragraph 1 – point c – point v

v. to recognise that digital innovation is a driver of economic growth and productivity in the entire economy; to recognise the need for data flows; to ~~seek, therefore, a comprehensive prohibition of forced data localisation requirements~~ensure that the EU retains its ability to limit the transfer of personal data to third countries where the rules of the third party do not meet EU fundamental rights and adequacy standards prescribed by law;

Amendment 366 #

Motion for a resolution
Paragraph 1 – point c – point v

Amendment 367 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point c – point vi

vi. to ensure that the provisions of the final agreement are consistent with existing and future legislation at EU level, including the Connected Continent Package, the General Data Protection Regulation and the 16 measures embedded in the communication on the Digital Single Market; to safeguard net neutrality and to reject additional conditions reducing the rights of users as compared to the EU Regulation on a European single market in electronic communications; to guarantee that the EU retains its ability to ~~lim~~prohibit the transfer of data from the EU to third countries where the rules of the third party do not meet EU adequacy standards and where alternative avenues, such as binding corporate rules or standard contractual clauses, are not used by companies;

Amendment 368 #

Motion for a resolution
Paragraph 1 – point c – point vi

vi. to ensure that the provisions of the final agreement are consistent with existing and future legislation at EU level, including the Connected Continent Package, the General Data Protection Regulation and the 16 measures embedded in the communication on the Digital Single Market; to safeguard net neutrality and to guarantee that the EU retains its ability to limit prohibit the transfer of data from the EU to third countries where the rules of the third party do not meet EU adequacy standards and where alternative avenues, such as binding corporate rules or standard contractual clauses, are not used by companies;

Amendment 369 #

Motion for a resolution
Paragraph 1 – point c – point vi

vi. to ensure that the provisions of the final agreement are consistent with existing and future legislation at EU level, including the ~~Connected Continent Package~~EU regulatory framework for electronic communications, the General Data Protection Regulation and the 16 measures embedded in the communication on the Digital Single Market; to safeguard net neutrality and to guarantee that the EU retains its ability to limit the transfer of data from the EU to third countries where the rules of the third party do not meet EU adequacy standards and where alternative avenues, such as binding corporate rules or standard contractual clauses, are not used by companies;

Amendment 37 #

Motion for a resolution
Recital B

B. whereas any trade agreement must provide more rights and lower prices to European consumers, contribute to sustainable development and protection of workers and level the playing field for European companies;

Amendment 370 #

Motion for a resolution
Paragraph 1 – point c – point vi

vi. to ensure that the provisions of the final agreement are consistent with existing and future legislation at EU level, including the Connected Continent Package, the General Data Protection Regulation and the 16 measures embedded in the communication on the Digital Single Market; to safeguard net neutrality and to guarantee that the EU retains its ability to limit the transfer of data from the EU to third countries where the rules of the third party do not meet EU adequacy standards and where alternative avenues, such as binding corporate rules or standard contractual clauses, are not used by companies, in order to make sure that personal data is properly protected;

Amendment 371 #

Motion for a resolution
Paragraph 1 – point c – point vi

vi. to ensure that the provisions of the final agreement are consistent with existing and future legislation at EU level, including the Connected Continent Package, the General Data Protection Regulation and the 16 measures embedded in the communication on the Digital Single Market; to safeguard net neutrality and to guarantee that the EU retains its ability to limit the transfer of personal data from the EU to third countries where the rules of the third party do not meet EU adequacy standards and where alternative avenues, such as binding corporate rules or standard contractual clauses, are not used by companies;

Amendment 372 #

Motion for a resolution
Paragraph 1 – point c – point vi

vi. to ensure that the provisions of the final agreement are consistent with existing and future legislation at EU level, including the Connected Continent Package, the General Data Protection Regulation and the 16 measures embedded in the communication on the Digital Single Market; to safeguard net neutrality and to guarantee that the EU retains its ability to limit or even suspend the transfer of data from the EU to third countries where the rules of the third party do not meet EU adequacy standards and where alternative avenues, such as binding corporate rules or standard contractual clauses, are not used by companies;

Amendment 373 #

Motion for a resolution
Paragraph 1 – point c – point vi

vi. to ensure that the provisions of the final agreement are consistent with existing and future legislation at EU level, including the Connected Continent Package, the General Data Protection Regulation and the 16 measures embedded in the communication on the Digital Single Market; to safeguard net neutrality and to guarantee that the EU retains its ability to limit the transfer of data from the EU to third countries where the rules of the third party do not meet EU adequacy standards ~~and where alternative avenues, such as binding corporate rules or standard contractual clauses, are not used by companies~~;

Amendment 374 #

Motion for a resolution
Paragraph 1 – point c – point vi a (new)

vi a. to insist that any requirements for the localisation of data processing equipment and establishment be in line with EU rules on data transfers; to cooperate with parties in the appropriate settings with the view to adopt adequate high data protection standards;

Amendment 375 #

Motion for a resolution
Paragraph 1 – point c – point vi a (new)

via. to oppose the concept of digital products and services in trade liberalisation and, instead, reiterate that the "digital dimension" of products and services shall be negotiated in the context of their respective original classifications;

Amendment 376 #

Motion for a resolution
Paragraph 1 – point c – point vi a (new)

via. to oppose the concept of digital products and services in trade liberalization and, instead, reiterate that the "digital dimension" of products and services shall be negotiated in the context of their respective original classification;

Amendment 377 #

Jude KIRTON-DARLING, Eric ANDRIEU, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point c – point vii

vii. to address persistent regulatory asymmetries regarding the telecommunications sector, ~~by preventing parties from imposing foreign equity caps, by laying~~to consider that still in the EU member states there exists limitations concerning foreign equity caps, to reject any horizontal prohibition on such limitations and to apply a special and differential treatment of Developing Countries in this respect, to lay down pro-competitive wholesale access rules for incumbent operators’ networks, by providing clear and non- discriminatory rules for licensing, by guaranteeing the independence of regulators, and by supporting an extensive definition of telecommunications services covering all types of network;

Amendment 378 #

Motion for a resolution
Paragraph 1 – point c – point vii

vii. to address persistent regulatory asymmetries regarding the telecommunications sector, by preventing parties from imposing foreign equity caps, by laying down pro-competitive wholesale access rules for incumbent operators’ networks, by providing clear and non- discriminatory rules for licensing and securing genuine access to last mile infrastructures in export markets for EU telecom providers, by guaranteeing the independence of regulators, and by supporting an extensive definition of telecommunications services covering all types of network;

Amendment 379 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point c – point vii

vii. to address persistent regulatory asymmetries regarding the telecommunications sector, by preventing parties from imposing ~~foreign equity caps~~to consider that still in the EU member states there exists limitations concerning foreign equity caps and to apply a special and differential treatment of developing countries in this respect, by laying down pro-competitive wholesale access rules for incumbent operators’' networks, by providing clear and non- discriminatory rules for licensing, by guaranteeing the independence of regulators, and by supporting an extensive definition of telecommunications services covering all types of network;

Amendment 38 #

Jude KIRTON-DARLING, Eric ANDRIEU, Victor BOŞTINARU, Agnes JONGERIUS, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Recital B

B. whereas any trade agreement must provide more rights, contribute to sustainable development and lower prices to European consumers and level the playing field for European companies;

Amendment 380 #

David BORRELLI, Tiziana BEGHIN

Motion for a resolution
Paragraph 1 – point c – point vii

vii. to address persistent regulatory asymmetries regarding the telecommunications sector, by preventing parties from imposing foreign equity caps, by laying down pro-competitive wholesale access rules for incumbent operators’ networks, by providing clear and non- discriminatory rules for licensing, by guaranteeing the independence of regulators, and by supporting an extensive definition of telecommunications services covering all types of network; and ensuring a level playing field for all operators and that non-EU companies from oligopolistic markets do not take advantage of the fragmentation of the EU market;

Amendment 381 #

Motion for a resolution
Paragraph 1 – point c – point vii

vii. ~~to address persistent regulatory asymmetries regard~~promote competition ing the telecommunications sector for the benefit of users and end-users, by preventing parties from imposing foreign equity caps, by laying down pro-competitive wholesale access rules ~~for~~to open incumbent operators’' networks, by providing clear and non- discriminatory rules for licensing, and by guaranteeing the independence of regulators~~, and by supporting an extensive definition of telecommunications services covering all types of network~~;

Amendment 382 #

Motion for a resolution
Paragraph 1 – point c – point vii a (new)

viia. to exempt from the negotiations matters falling within the scope of the telecoms 'universal service' Directive and to exclude necessity tests from provisions on universal service obligations;

Amendment 383 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Victor BOŞTINARU, Agnes JONGERIUS, David MARTIN, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point c – point viii

viii. to strongly support provisions on international mobile roaming; to increase publicly available information regarding retail rates in the short run; to make the case for maximum caps in the long run; to push for online consumer protection, in particular vis-à-vis unsolicited commercial electronic messages; to include provisions directly aimed at lowering the cost of international calls and messages and to provide for effective means of redress for consumers;

Amendment 384 #

Motion for a resolution
Paragraph 1 – point c – point viii

viii. to strongly support provisions on international mobile roaming; to increase publicly available information regarding retail rates in the short run; to establish affordable international roaming markets and to seek to include measures to decrease prices of international calls and messages; to make the case for maximum caps in the long run; to push for online consumer protection, in particular vis-à-vis unsolicited commercial electronic messages;

Amendment 385 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point c – point viii a (new)

viiia. to introduce a tax good governance clause based on the work of the Commission’s Platform for Tax Good Governance, which provides for effective cooperation on taxation of the digital economy and guarantees, in particular, the link between taxation and the real economic activity of companies in the sector;

Amendment 386 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, Bernd LANGE, David MARTIN, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point d – point i

i. to ensure that nothing will prevent the EU and its Member States from maintaining, improving and applying their labour and social regulations, as well as their legislation on entry and temporary stay; and that international labour standards, as defined in the International Labour Organisation's fundamental conventions, as well as collective agreements, are respected; to guarantee that these labour rights are made fully enforceable through a monitoring process that has the full involvement of trade unions; to guarantee Member States' sovereign right to take or refuse to take commitments under Mode 4;

Amendment 387 #

Motion for a resolution
Paragraph 1 – point d – point i

Amendment 388 #

Motion for a resolution
Paragraph 1 – point d – point i

i. to ensure that nothing in TiSA will prevent the EU and its Member States from maintaining and applying their labour and social regulations, ~~as well as their legislation on entry and temporary sta~~or applying measures to regulate the entry of natural persons into, or temporary stay in, its territory including those measures necessary to ensure the orderly movements of natural persons across its borders such as, inter alia, admission or conditions for admission for entry;

Amendment 389 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, David MARTIN, Emmanuel MAUREL, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point d – point i a (new)

ia. to include a clause on control and enforcement mechanisms so as to deter and prevent companies from infringing labour and social rights, including collective agreements and to propose EU legislation ensuring liability in sub- contracting chains, covering EU companies as well as companies from third-countries;

Amendment 39 #

Motion for a resolution
Recital B

B. whereas any trade agreement must provide more rights and lower prices to European consumers, fair terms and conditions for workers and level the playing field for European companies;

Amendment 390 #

Motion for a resolution
Paragraph 1 – point d – point i a (new)

ia. to ensure that all TiSA stakeholders guarantee, in practice, the ratification and implementation of, as a minimum, all ILO core standards, as well as all the relevant ILO conventions;

Amendment 391 #

Motion for a resolution
Paragraph 1 – point d – point i a (new)

ia. to call for the provisions on the transfer of personnel to be accompanied by clear references to compliance with international conventions on labour laws and the right to collective action;

Amendment 392 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, David MARTIN, Emmanuel MAUREL, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point d – point i b (new)

ib. to urge Member States to increase the staffing levels of, and the resources available to, their labour inspectorates and to meet the target of one inspector for every 10 000 workers, as recommended by the ILO, as well as to impose more severe penalties on firms that fail to comply with their obligations concerning fundamental rights (including remuneration, working hours and OHS); considers that the penalties in such cases must be effective, proportionate and dissuasive;

Amendment 393 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Victor BOŞTINARU, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, David MARTIN, Emmanuel MAUREL, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point d – point i c (new)

i c. to guarantee full compliance with the principle of equal remuneration for equal work in TISA; to ensure that all workers, irrespective of their home country must, as a minimum, enjoy the same rights, conditions of employment and salaries as nationals in the place of work;

Amendment 394 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, David MARTIN, Emmanuel MAUREL, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point d – point i d (new)

id. to include a clause preventing companies from circumventing or undermining the right to take industrial action, through the use of workers from third countries during negotiations on collective agreements and labour disputes;

Amendment 395 #

Jude KIRTON-DARLING, Eric ANDRIEU, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, Emmanuel MAUREL, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point d – point ii

ii. to recall that Mode 4 commitments only apply to the movement of high-level professionals for a specific purpose, for a limited period of time and under precise conditions stipulated by a contract and by domestic legislation; to take into consideration the interest of Developing Countries in other categories of service providers;

Amendment 396 #

Motion for a resolution
Paragraph 1 – point d – point ii

ii. to recall that Mode 4 commitments must only apply to the movement of high-level professionals for a specific purpose, for a limited period of time and under precise conditions stipulated by a contract and by domestic legislation; therefore rejects any changes to the Mode 4 rules as defined in the GATS, including with respect to economic needs tests;

Amendment 397 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Anne-Marie MINEUR, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point d – point ii

ii. to recall that Mode 4 commitments only apply to the movement of high-level professionals for a specific purpose, for a limited period of time and under precise conditions stipulated by a contract and by domestic legislation and compelling with all ILO Core Standards and collective bargaining;

Amendment 398 #

Maria ARENA, Agnes JONGERIUS

Motion for a resolution
Paragraph 1 – point d – point ii

ii. to recall that Mode 4 commitments only apply to the movement of high-level professionals for a specific purpose, for a limited period of time and under precise conditions stipulated by athe domestic legislation of the countr~~act and by~~y where the service is performed and by a contract respecting such domestic legislation;

Amendment 399 #

Eleonora FORENZA, Lola SÁNCHEZ CALDENTEY, Helmut SCHOLZ

Motion for a resolution
Paragraph 1 – point d – point ii

ii. to recall that Mode 4 commitments should be based on the economic needs test and should only apply to the movement of high-level professionals for a specific purpose, for a limited period of time and under precise conditions stipulated by a contract and by domestic legislation;

Amendment 4 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Citation 6 a (new)

- having regard to the Commission's Communication of 14 October 2015 entitled "Trade for All: Towards a More Responsible Trade and Investment Policy",

Amendment 40 #

Motion for a resolution
Recital B

B. whereas any trade agreement must provide more rights and ~~lower prices to European consumers and level the playing field~~better social and environmental standards for Europe an ~~companies~~d any other involved party ;

Amendment 400 #

Jude KIRTON-DARLING, Eric ANDRIEU, Agnes JONGERIUS, Bernd LANGE, David MARTIN, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point d – point ii a (new)

iia. to guarantee that Directive 96/71/EC on the posting of workers, together with other national and EU labour and social legislation as well as collective agreements, should be applicable to contractual service suppliers and business sellers accessing the EU, today and in the future, through the Mode 4 provisions in GATS;

Amendment 401 #

Louis MICHEL, Gérard DEPREZ

Motion for a resolution
Paragraph 1 – point d – point ii a (new)

iia. to have a clear definition of high-level professionals and acknowledge that Mode 4 may open up possibilities for sham labour arrangements, in which workers are hired as independent service providers, that need to be made impossible;

Amendment 402 #

Motion for a resolution
Paragraph 1 – point d – point ii a (new)

iia. to ensure that the agreement does not jeopardise the mobility of workers in developing countries not participating in the agreement but providing services in the area covered by the agreement;

Amendment 403 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Agnes JONGERIUS, Emmanuel MAUREL, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point d – point ii b (new)

iib. to propose a revision of Directive 2014/66/EU on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer in order to avoid abuse and social dumping;

Amendment 404 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Emmanuel MAUREL, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point d – point iii

Amendment 405 #

Motion for a resolution
Paragraph 1 – point d – point iii

iii. to recognise this chapter as an offensive interest for Europe, given that EU professionals are well-educated and mobile and that EU companies increasingly require the specific skills of foreign professionals inside Europe and their personnel outside Europe, in order to support the establishment of new business activities; to recognise that Developing Countries may need to be able to protect their skilled and well-educated professionals, to not therefore introduce any horizontal prohibition to apply economic needs tests;

Amendment 406 #

Motion for a resolution
Paragraph 1 – point d – point iii

iii. to recognise this chapter as an offensive interest for Europe, given that EU professionals are well-educated and mobile and that EU companies increasingly require the specific skills of foreign professionals inside Europe and their personnel outside Europe, in order to support the establishment of new business activities and that the benefits of TiSA on covered sectors would be enhanced if qualified professionals are able to move seamlessly among the parties;

Amendment 407 #

Franz OBERMAYR, Edouard FERRAND, Matteo SALVINI, Marine LE PEN

Motion for a resolution
Paragraph 1 – point d – point iv

iv. to oppose any provisions regarding visas and other entry procedures except those aimed at increasing transparency and streamlining administrative procedures; to ~~set requirements to ensure that temporary service providers return home~~oppose linking simplification of visa procedures with readmission arrangements in the context of trade agreements;

Amendment 408 #

Motion for a resolution
Paragraph 1 – point d – point iv

iv. ~~to oppose any provisions regarding visas and other entry procedures except those aimed at increasing transparency and streamlining administrative procedures;~~ to set requirements to ensure that temporary service providers return home;

Amendment 409 #

Motion for a resolution
Paragraph 1 – point d – point iv

iv. to ~~oppose any provisions regarding visas and other entry procedures except those aimed at~~ increas~~ing~~e transparency and to streamlin~~ing~~e administrative procedures~~; to set requirements to ensure that temporary service providers return home~~ for visa applications;

Amendment 41 #

Motion for a resolution
Recital B

B. whereas any trade agreement must provide more rights and lower prices to European consumers and level the playing field for European companies; whereas it should also be a tool to protect workers, consumers and the environment;

Amendment 410 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU

Motion for a resolution
Paragraph 1 – point d – point iv

iv. to oppose any provisions regarding visas and other entry procedures except those aimed at increasing transparency and streamlining administrative procedures so that TiSA does not apply to measures affecting natural persons seeking access to the employment market of a party, nor measures regarding citizenship residence or employment on a permanent basis; to set requirements to ensure that temporary service providers return home;

Amendment 411 #

Motion for a resolution
Paragraph 1 – point d – point iv a (new)

iva. to ensure that citizens will not be forced by the authorities or by medical insurance companies to receive medical treatment abroad, unless the medical treatment is not available in the home country;

Amendment 412 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Anne-Marie MINEUR, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point d – point iv a (new)

iva. to call for the provisions on the transfer of personnel to contain guarantees on compliance with labour laws and access to and participation in the funding of social protection in the host country and compliance with the collective agreements, working conditions and wage practices in force in the host country;

Amendment 413 #

Motion for a resolution
Paragraph 1 – point d – point v

v. to seek to horizontally prohibit the requirement of establishing a commercial presence, or of being a resident, as a condition for providing professional services; to limit the scope of the Annex on professional services to the list of commitments made by each Party;deleted

Amendment 414 #

Franz OBERMAYR, Edouard FERRAND, Matteo SALVINI, Marine LE PEN

Motion for a resolution
Paragraph 1 – point d – point v

v. to ~~seek~~reconsider provisions to horizontally prohibit the requirement of establishing a commercial presence, or of being a resident, as a condition for providing professional services as these bear the risk of foreign operators providing services cross-border not being subject to the same requirements and regulations as national providers; to limit the scope of the Annex on professional services to the list of commitments made by each Party;

Amendment 415 #

Motion for a resolution
Paragraph 1 – point d – point vi

vi. to strive for the mutual recognition of training, academic levels and professional qualifications, in particular in the architectural, accounting and legal sectors, while ensuring the competence of the supplier and thus the quality of the services provided;deleted

Amendment 416 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point d – point vi

Amendment 417 #

Franck PROUST

Motion for a resolution
Paragraph 1 – point d – point vi

vi. to ~~strive for the mutual recognition of~~take into account training, academic levels and professional qualifications, in particular in the architectural, medical services, accounting and legal sectors, to facilitate service provision while ensuring the competence of the supplier and thus the quality of the services provided, in order to prevent a mechanical and quantitative recognition of diplomas and academic levels;

Amendment 418 #

Motion for a resolution
Paragraph 1 – point d – point vi

Amendment 419 #

Motion for a resolution
Paragraph 1 – point d – point vi

vi. to guarantee full visa reciprocity and to strive for the mutual recognition of training, academic levels and professional qualifications~~, in particular in the architectural, accounting and legal sectors,~~ while ensuring the competence of the supplier and thus the quality of the services provided;

Amendment 42 #

Motion for a resolution
Recital B

B. whereas any trade agreement must provide ~~more rights and lower prices to European consumers and level the playing field for European companies~~demonstrable benefits in particular for consumers, workers and SMEs and whereas trade policy should contribute to and be fully coherent with the ILO Decent work Agenda and the UN 2030 Agenda for sustainable development;

Amendment 420 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Victor BOŞTINARU, Emmanuel MAUREL, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point d – point vi a (new)

via. to present detailed information on the number and type of service providers currently operating in the EU under Mode 4, including the duration of their stay;

Amendment 421 #

Motion for a resolution
Paragraph 1 – point d – point vi a (new)

via. to oppose to Turkey request for an annex on the facilitation of patient mobility, since it raises unnecessary costs for national healthcare systems and creates unfair competition among parties; to remind that health services are not a commercial service and should be excluded from the scope of this agreement;

Amendment 422 #

Motion for a resolution
Paragraph 1 – point e – point -i (new)

-i. to suspend TiSA negotiations as long as risks exist on the stability of the economic, social and financial system, therefore extending the precautionary principle to sensitive sectors whose opening may entail risks for financial and economic stability;

Amendment 423 #

Motion for a resolution
Paragraph 1 – point e – point -i a (new)

-ia. to make sure financial services are excluded from TiSA negotiations through the general exclusion clause, as the market for those services is already excessively open;

Amendment 424 #

Motion for a resolution
Paragraph 1 – point e – point -i b (new)

-ib. to ensure that, in the area of financial services, no new commitments will be taken on that would jeopardise EU financial regulation, and that EU and Member States regulators retain the ability to authorise or deny any new financial product and service, as well as to reinforce the regulation and supervision of the financial and banking sectors;

Amendment 425 #

Motion for a resolution
Paragraph 1 – point e – point i

i. to aim at reinforcing ~~financial stability~~the stability of the financial system and single financial institutions, guaranteeing full consistency with the post-crisis regulatory environment, ensuring adequate protection for consumers and guaranteeing fair competition between financial services providers;

Amendment 426 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Victor BOŞTINARU, Karoline GRASWANDER-HAINZ, David MARTIN, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point e – point i

i. to aim at reinforcing financial stability, ensuring adequate protection for consumers, including their data privacy, and guaranteeing fair competition between financial services providers;

Amendment 427 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point e – point i

i. to aim at reinforcing financial stability, ensuring adequate protection for consumers, including their data privacy, and guaranteeing fair competition between financial services providers;

Amendment 428 #

Motion for a resolution
Paragraph 1 – point e – point i

i. to aim at reinforcing financial stability, ensuring adequate protection for consumers and guaranteeing fair competition between financial services providers; to bear in mind that the lack of regulation in the financial services was among the main causes of the 2008 financial crisis;

Amendment 429 #

Motion for a resolution
Paragraph 1 – point e – point i

i. to aim at reinforcing financial stability, ensuring adequate protection for consumers in keeping with Article 169 of the TFEU and guaranteeing fair competition between financial services providers;

Amendment 43 #

Motion for a resolution
Recital B a (new)

Ba. whereas a Trade in Services Agreement (TiSA) carries major risks for national and European legislation on the provision of services, existing public monopolies, the organisational structure of public and semi-public services, the working conditions of personnel providing these services and, ultimately, the quality of the services provided;

Amendment 430 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point e – point i

i. to aim at reinforcing financial stability, ensuring adequate protection for consumers, including their data privacy, and guaranteeing fair competition between financial services providers;

Amendment 431 #

Motion for a resolution
Paragraph 1 – point e – point i a (new)

ia. to ensure the respect of UNCTAD principles on responsible sovereign lending and borrowing; to ensure the mutual responsibility of lenders and borrowers in all financial services; to ensure debt sustainability; to take all measurements to avoid tax evasion, tax avoidance and money laundry through tax heavens; not to take further commitments to liberalise financial services and provision for their regulations in trade agreements;

Amendment 432 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU

Motion for a resolution
Paragraph 1 – point i a (new)

ia. to exclude financial services from the TiSA negotiations;

Amendment 433 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU, Helmut SCHOLZ

Motion for a resolution
Paragraph 1 – point e – point i b (new)

ib. to ensure that, in the area of financial services, no new commitments will be taken on that would jeopardise any existing or future financial regulation, and that regulators retain the ability amongst others to authorise or deny any new financial product and to impose certain legal forms (e.g. restructuring requirements);

Amendment 434 #

Motion for a resolution
Paragraph 1 – point e – point i a (new)

ia. to reject any provision in TiSA which makes it possible to circumvent prudential banking and financial standards and legislation;

Amendment 435 #

Motion for a resolution
Paragraph 1 – point e – point ii

ii. to step up, towards a binding commitment instead of just a best endeavour, the implementation and application of international standards for the regulation and supervision of the financial sector, such as those endorsed by the G20, the Basel Committee on Banking Supervision, the Financial Stability Board, the International Organisation of Securities Commissions and the International Association of Insurance Supervisors; to ~~bind TiSA parties not signa~~ensure, however, that such standards are seen as minimum, not maximum standards and that countries can also apply them extraterritorially to their own firms and their activities as well as to all firms operating in their territory; to acknowledge that the WTO Understanding on Financial Services ~~to equivalent rule~~pre-dates the financial crisis and the regulatory environment that has emerged afterwards;

Amendment 436 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Agnes JONGERIUS, David MARTIN, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point e – point ii

ii. to ~~step up~~commit parties to TiSA to the implementation and application of international standards for the regulation and supervision of the financial sector, such as those endorsed by the G20, the Basel Committee on Banking Supervision, the Financial Stability Board, the International Organisation of Securities Commissions and the International Association of Insurance Supervisors; to bind TiSA parties not signatory to the WTO Understanding on Financial Services to equivalent rules;

Amendment 437 #

Motion for a resolution
Paragraph 1 – point e – point iii

iii. to ~~replicate the GATS prudential carve- out so as to allow parties to deviate from their trade commitments when this is necessary for prudential reasons;~~ build, at the very least, on the CETA prudential carve-out instead of the GATS prudential carve-out, so as to ensure a better guarantee for financial stability while keeping the necessary margin of manoeuvre, so as to allow parties to deviate from their trade commitments when this is necessary for prudential and, more broadly, regulatory reasons; to provide for an open list of prudential objectives which would at least include the reduction of systemic risks embedded in the financial system, as well as the inclusion of consumer protection and social and environmental goals as legitimate public policy objectives;

Amendment 438 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Anne-Marie MINEUR, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point e – point iii

iii. to pre~~plicat~~vent instability of balances of payment by introducing an appropriate system; to include the GATS prudential carve- out so as to allow parties ~~to deviate from their trade commitments when this is necessary for prudential reasons~~, and the European Union in particular, to retain their prudential regulatory powers over financial institutions; in this respect to delete any reference to needs tests which States might be required to perform, so as to guarantee the full capacity of States to anticipate and prevent instability and crises in the financial system;

Amendment 439 #

Motion for a resolution
Paragraph 1 – point e – point iii

iii. to ~~replicate the GATS~~set a prudential carve- out ~~so as to~~mechanism that allows parties to deviate from their trade commitments when th~~is is necessary for prudential reasons~~ey judge that the financial stability is at stake; to take into account that GATS prudential carve-out wording did not allow enough flexibility to be enforceable;

Amendment 44 #

Motion for a resolution
Recital B b (new)

Bb. having regard to the catastrophic results of previous liberalisations of public services, particularly of network services (post, telecoms, energy and rail), owing to the requirements of building the internal European market: concentration of actors, reduction in quality of service, increase in price of services, lack of investment, job insecurity of employees in these services;

Amendment 440 #

Motion for a resolution
Paragraph 1 – point e – point iii

iii. to ~~replicate~~include provisions including the GATS prudential carve- out so as to allow parties to deviate from their trade commitments when this is necessary for prudential reasons or for consumer protection;

Amendment 441 #

Motion for a resolution
Paragraph 1 – point e – point iii

iii. to ~~replicate the GATS prudential carve- out so as to allow parties to deviate from their trade commitments when this is necessary for prudential reasons;~~ promote the inclusion of a safeguard clause based on a broad, clear and unambiguous definition of prudential measures, including restrictive measures aimed at fighting financial speculation and block access and circulation of toxic financial products; to ensure therefore to Member States the full right to adopt restrictive measures in contrast with TiSA when justified by the general interest and by the need to pursue economic and social objectives, including but not limited to, the protection of consumers and the end users of financial services, to preserve financial stability, the efficiency of fiscal controls and to minimise social costs;

Amendment 442 #

Motion for a resolution
Paragraph 1 – point e – point iv

iv. to ensure that this agreement does not limit the EU’s ability to ban certain financial products ~~in line with its regulatory framework~~, including new financial services, in line with its current and future regulatory framework and beyond prudential reasons;

Amendment 443 #

Motion for a resolution
Paragraph 1 – point e – point iv

iv. to ensure that this agreement does not limit the EU’s and Member States’ ability to ban certain financial products and activities in line with ~~its~~their regulatory framework and to adopt any measure they deem necessary to regulate financial markets;

Amendment 444 #

Motion for a resolution
Paragraph 1 – point e – point iv

iv. to ensure that this agreement ~~does not limit the EU’s ability to ban certain financial products in line with its regulatory framework~~preserves the full sovereignty of the EU and the Member States to ban certain financial products and certain operations by financial institutions (banks, investment funds, etc.), as well as the power to adopt any new legislation which adapts regulatory constraints to the aims of the European Union;

Amendment 445 #

Jude KIRTON-DARLING, Eric ANDRIEU, Victor BOŞTINARU, Agnes JONGERIUS, David MARTIN, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point e – point iv

iv. to ensure that this agreement does not limit the EU’s ability to ban certain financial products in line with its regulatory framework or to adopt any measure it deems necessary to regulate financial markets;

Amendment 446 #

Motion for a resolution
Paragraph 1 – point e – point iv

iv. to ensure that this agreement does not limit the EU’s ability to ban certain financial products, including new financial services, in line with its regulatory framework or the right of the EU and Member States to prevent the transfer of financial personal data to third countries, in order to ensure the protection of privacy and personal data as a fundamental right;

Amendment 447 #

Motion for a resolution
Paragraph 1 – point e – point iv a (new)

iva. to ensure that the TiSA in no way hinders the global financial system reform agenda, but, rather, fosters a valuable discussion on concrete initiatives to prevent financial and economic instability, to develop regulatory best practices for the regulation of financial services and to fight against tax havens, tax elusion and tax evasion;

Amendment 448 #

Motion for a resolution
Paragraph 1 – point e – point iv b (new)

ivb. to urge the negotiating parties to establish a binding high-level framework for the minimum regulation of financial services based on the G20 financial sector reform agenda and on the recommendations of international bodies such as the FSB and IOSCO;

Amendment 449 #

Motion for a resolution
Paragraph 1 – point e – point v

v. while stressing the need to increase worldwide access to financial services, to exclude cross-border financial services from the EU’s commitments until there is convergence in financial regulation at the highest level, except in very limited and justified casto strive for a convergence in financial regulation at the highest level, whilst stressing the need to increase worldwide access to financial services;

Amendment 45 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Victor BOŞTINARU, Agnes JONGERIUS, Bernd LANGE, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Recital C

C. whereas any trade agreement must be a market opener for our companies abroad and a safety net for our citizens at home, while being an instrument for promoting corporate social responsibility globally;

Amendment 450 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point e – point v

v. ~~while stressing the need to increase worldwide access~~to suspend additional market access commitments in financial services until a full assessment of the impact of past liberalisation on the causes of the financial crisis has been completed, since interconnectedness, complexity and excessively big entities generate and spread systemic risks and represent a threat to financial s~~ervices,~~tability; to exclude cross-border financial services from the EU’s commitments until there is convergence in financial regulation at the highest level, except in very limited and justified cases;

Amendment 451 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Victor BOŞTINARU, Agnes JONGERIUS, Emmanuel MAUREL, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point e – point v

v. while stressing the need to increase worldwide access to financial services, to exclude cross-border financial services from the EU’s commitments until there is convergence in financial regulation at the highest level, except in very limited and justified caseto exclude cross-border financial services from the EU’s commitments;

Amendment 452 #

Motion for a resolution
Paragraph 1 – point e – point v

v. ~~while stressing the need to increase worldwide access to financial services,~~ to exclude cross-border financial services from the EU’'s commitments until there is convergence in financial regulation at the highest level~~, except in very limited and justified cases~~;

Amendment 453 #

Motion for a resolution
Paragraph 1 – point e – point v

v. while stressing the need to increase worldwide access to financial services, to e~~xclude~~nsure that any commitments in cross- border ~~financial services from the EU’s commitments until there is convergence in financial regulation at the highest level, except in very limited and justified cases~~services do not undermine the integrity and security of financial regulatory systems in the EU;

Amendment 454 #

Motion for a resolution
Paragraph 1 – point e – point v a (new)

va. to acknowledge that the stabilisation of the financial markets necessarily goes hand in hand with limiting the size of financial service providers;

Amendment 455 #

Motion for a resolution
Paragraph 1 – point e – point v a (new)

va. to request a thorough ex-ante independent impact assessment to evaluate the economic and social effects of further financial liberalisation under TiSA;

Amendment 456 #

Motion for a resolution
Paragraph 1 – point e – point v b (new)

vb. to acknowledge that the re-regulatory action following the financial crisis is not yet over, including requirements on certain legal forms, splits (e.g. bank separation), changes of business or downsizing; to oppose provisions on non- discriminatory measures in the financial services annex as they could undermine such re-regulation efforts; to acknowledge that standstill and ratchet clauses may impede the introduction of new regulation if deemed to worsen the current level of commitments under national treatment;

Amendment 457 #

Motion for a resolution
Paragraph 1 – point e – point v b (new)

vb. to refrain from further commitments on market access for financial services until an impact assessment of past liberalisations of financial services on the real economy, unemployment, inequalities and financial stability has been carried out;

Amendment 458 #

Motion for a resolution
Paragraph 1 – point e – point v c (new)

vc. as regards purchases of financial services by public entities, to be consistent with the EU Directives on public procurement which exclude financial services; to oppose an unqualified non- discrimination rule that would not allow, for instance, selecting service providers on the basis of qualitative (e.g. social or environmental) as opposed to quantitative (e.g. cost-based) criteria, contrary to what is now permitted under the EU Directives;

Amendment 459 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point f – point i

i. to ensure a high level of ambition in the transport sector, which is critical to the development of global value chains; to increase the speed, reliability, security and interoperability of transport services, to the benefit of business customers and individual users;deleted

Amendment 46 #

Motion for a resolution
Recital C

C. whereas any trade agreement must ~~be a market opener for our companies abroad and a safety net for our citizens at home~~push for the social responsibility of our companies abroad, while respecting social and environmental standards and Human Rights in the EU and its partner countries;

Amendment 460 #

Motion for a resolution
Paragraph 1 – point f – point i

i. to ~~ensure a high level of ambition in the transport sector, which~~oppose any additional market access in the transport sector leading to an expansion of its ~~critical to the development of global value chains~~size, until the climate cost of international transport is not internalized in its price; to increase the speed, reliability, security and interoperability of transport services, to the benefit of business customers and individual users;

Amendment 461 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point f – point i

i. to ensure a ~~high level of ambi~~balanced regulation inof the transport sector, which is critical to the sustainable development of global value chains; to increase the speed, reliability, security and interoperability of transport services, to the benefit of business customers and individual users and workers;

Amendment 462 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point f – point i

i. to ensure a high level of ambition in the transport sector, which is critical to the development of global value chains; to increase the speed, reliability, security and interoperability of transport services~~, to the benefit of business customers and individual users~~;

Amendment 463 #

Motion for a resolution
Paragraph 1 – point f – point i

i. to ensure a high level of ambition in the transport sector, which is critical to the development of global value chains; to increase the speed, reliability, security and interoperability of transport services~~, to the benefit of business customers and individual users~~;

Amendment 464 #

Motion for a resolution
Paragraph 1 – point f – point i a (new)

ia. to recognise that a sustainable and successful EU transport sector requires high safety standards, good terms and conditions for workers and strong passenger rights; to ensure that these priorities are protected and promoted in any TiSA negotiations;

Amendment 465 #

Motion for a resolution
Paragraph 1 – point f – point i a (new)

ia. to ensure that the transport chapter is accompanied by solid social guarantees for workers in that industry, in order to avoid any dumping with regard to their working conditions, pay or access to social protection;

Amendment 466 #

Motion for a resolution
Paragraph 1 – point f – point i b (new)

ib. to ensure that any negotiations based on a negative list system must exclude transport services, as a general public good, from liberalisation obligations;

Amendment 467 #

Motion for a resolution
Paragraph 1 – point f – point ii

ii. to ~~seek improved access to foreign markets~~oppose any horizontal obligation to grant full market access in Modes 1 and 3 as well sector-specific standstill clauses, and a reduction in anti- competitive regulatory practices, most importantly those which are harmful to the environment and reduce the efficiency of transport services; to address restrictions in the cabotage sector and to avoid carriers returning empty from their host country, in particular in the Annex on maritime transport;

Amendment 468 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU

Motion for a resolution
Paragraph 1 – point f – point ii

ii. to seek improved access to foreign markets and a reduction in anti- competitive regulatory practices, most importantly those which are harmful to the environment and reduce the efficiency of transport services; to address restrictions in the cabotage sector and to avoid carriers returning empty from their host country, in particular in the Annex on maritime transport, without undermining labour standards or the security of the work force in third countries;

Amendment 469 #

Motion for a resolution
Paragraph 1 – point f – point ii

ii. to seek improved access to foreign markets ~~and a reduction in anti- competitive regulatory practices, most importantly those which are harmful to the environment and reduce the efficiency of transport service~~but to ensure the right to regulate all signatories, whereas regulation is needed to protect workers, environment and the privacy of citizens; to address restrictions in the cabotage sector and to avoid carriers returning empty from their host country, in particular in the Annex on maritime transport;

Amendment 47 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital C

C. whereas any trade agreement must be a reciprocal market opener for ~~our~~EU and third countries' companies ~~abroad~~ and a safety net for our citizens at home;

Amendment 470 #

Motion for a resolution
Paragraph 1 – point f – point ii

ii. to seek improved access to foreign markets and a reduction in anti-competitive regulatory practices, most importantly those which are harmful to the environment and reduce the efficiency of transport services; ~~to address restrictions~~ while preserving the ~~cabotage sector and to avoid carr~~right of public authoritiers ~~returning empty from their host country, in particular in the Annex on maritime~~to regulate over transport and guarantee public transportation;

Amendment 471 #

Motion for a resolution
Paragraph 1 – point f – point ii

ii. to seek improved access to foreign markets and a reduction in anti-competitive regulatory practices, most importantly those which are harmful to the environment and reduce the efficiency of transport services, while ensuring public authorities right to regulate over transport and guarantee public transportation; to address restrictions in the cabotage sector and to avoid carriers returning empty from their host country, in particular in the Annex on maritime transport;

Amendment 472 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, Emmanuel MAUREL, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point f – point iv

iv. to oppose any domestic regulation discipline specific to road transport, including any proposal to have a necessity test, due to the highly sensitive safety issues in the sector; to oppose any proposal to make fees for the use of infrastructure proportional to the effective costs involved as that could undermine taking into account environmental externalities or other important regulatory issues; to exclude any provisions facilitating the entry and stay of professional drivers from the scope of the Annex on road transport;

Amendment 473 #

Motion for a resolution
Paragraph 1 – point f – point iv

iv. to exclude any provisions facilitating the entry and stay of professional drivers from the scope of the Annex on road transport; to reject any demands to take any Mode 4 commitments in the road transport sector;

Amendment 474 #

József SZÁJER

Motion for a resolution
Paragraph 1 – point f – point iv

iv. to preserve the rights of the Member States regarding existing or future national regulations and bilateral or multilateral road transport agreements including transit permit requirements; to exclude any provisions facilitating the entry and stay of professional drivers from the scope of the Annex on road transport;

Amendment 475 #

Motion for a resolution
Paragraph 1 – point f – point v

v. to ~~ensure consistency with~~not consider international standards, such as those endorsed by the International Maritime Organisation and the International Civil Aviation Organisation, as maximum standards and to oppose any lowering of these international benchmarks;

Amendment 476 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, Emmanuel MAUREL, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point f – point v

v. to ensure ~~consistency with international standards, such as those endors~~the full application of international social and safety standards, including the standards adopted by the International Maritime Organisation, International Labour Organisation and ~~the~~ International Civil Aviation Organisation~~, and~~; to oppose any lowering of these international benchmarks; to recognise that these measures represent minimum standards and that Parties can go above and beyond these provisions;

Amendment 477 #

Motion for a resolution
Paragraph 1 – point f – point v

v. to ensure consistency with international standards, such as those endorsed by the International Maritime Organisation and the International Civil Aviation Organisation, and to oppose any lowering of these international benchmarks; to ensure the application of all ILO Conventions relevant to the logistics and transport sectors, such as the Maritime Labour Convention;

Amendment 478 #

Motion for a resolution
Paragraph 1 – point f – point vi

vi. to strike the right balance between the liberalisation of the competitive postal sector and the protection of national monopolies; therefore to prevent anti- competitive cross-subsidisation ~~and to ensure~~without undermining the recognition of universal service obligations as defined by each party; to this purpose, to allow for non- discriminatory charges on the commercial services for the purpose of funding the supply of the universal services; to refrain from considering universal service obligations as in principle anti- competitive and to withdraw any proposal to apply a necessity test;

Amendment 479 #

Motion for a resolution
Paragraph 1 – point f – point vi

vi. to ~~strike the right balance between~~promote the liberalisation of the competitive postal sector ~~and the protection of national monopolies~~; therefore to prevent anti- competitive cross- subsidisation and to ensure the recognition of universal service obligations as defined by each party;

Amendment 48 #

Motion for a resolution
Recital C

C. whereas any trade agreement must be a market opener for our companies abroad a~~nd a safety net for our citizens at home~~llowing them to develop their businesses and take an increasingly active role in developing global value chains;

Amendment 480 #

Motion for a resolution
Paragraph 1 – point f – point vi

vi. to s~~trike the right balance between the~~eek an agreement based on the current level of liberaliszation ~~of th~~within the EU on a more competitive postal sector ~~and the protection of national monopolies; therefore to prevent anti- competitive cross-subsidisation and to ensure the recognition of universal service obligations as defined by each part~~which is a key for further development of services and digital economy;

Amendment 481 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Anne-Marie MINEUR, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point f – point vi

vi. to ~~strik~~ensure the ~~right balance between the liberalisation of the competitive post~~fulfilment of universal se~~ctor and the protection of national monopolies; therefore to prevent anti- competitive cross-subsidisation and to ensure the recognition of universal service obligations~~rvice obligations in the postal sector as defined by each party;

Amendment 482 #

Motion for a resolution
Paragraph 1 – point f – point vi

Amendment 483 #

Motion for a resolution
Paragraph 1 – point g – point i

i. to fully preserve European, national and local authorities’ right to regulate; to acknowledge that even a recognition in the core text of the agreement is not enough to fully preserve the right to regulate; to note that the right to regulate is defined by Article I-9 of the core text, which corresponds to GATS Article XIV, which is outdated in respect of the current level of service liberalisation; to therefore include, in a definition of the right to regulate and in an non-exhaustive list the objectives and the functions pursued by public services (e.g. redistributive policies or affordable universal access), as well as the obligations under international treaties a country is party to, such as those covering indigenous rights, climate change, culture or tobacco control; to ensure that the combination of domestic regulation and transparency annexes will not lead to a regulatory-chill effect;

Amendment 484 #

Motion for a resolution
Paragraph 1 – point g – point i

i. to fully preserve European, national and local authorities’ right to regulate, including by limiting the scope of investment protection rules with reference to ‘fair and equitable treatment’ and ‘indirect expropriation’;

Amendment 485 #

Motion for a resolution
Paragraph 1 – point g – point i

i. to ~~fully preserve~~ensure that European, national and local authorities’' right to regulate; in the public interest is not prejudiced by any other obligations set out in the agreement;

Amendment 486 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU, Helmut SCHOLZ

Motion for a resolution
Paragraph 1 – point g – point i

i. to fully ~~preserve~~ensure that European, national and local authorities’ right to regulate in the public interest takes precedence over any other provisions set in the domestic regulation annex and to reject necessity tests;

Amendment 487 #

Jude KIRTON-DARLING, Eric ANDRIEU, Victor BOŞTINARU, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, David MARTIN, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point g – point i

i. to fully preasservet that European, national and local authorities’ have the right to regulate to adopt policies in the public interest and that this should not be subject to additional necessity tests beyond those foreseen in GATS article VI; provisions on domestic regulations should not be more restrictive than the general proportionality obligation enshrined in the EU Treaties;

Amendment 488 #

Motion for a resolution
Paragraph 1 – point g – point i

i. to fully preserve European, national and local authorities’ right to regulate; calls on the Commission to make sure that the right to regulate is ensured in all negotiation documents, not only in the preamble;

Amendment 489 #

Motion for a resolution
Paragraph 1 – point g – point i

i. to fully preserve European, national and local authorities’' right to regulate in pursuit of legitimate public policy objectives;

Amendment 49 #

Motion for a resolution
Recital C a (new)

Ca. whereas amendments to the GATS and the respective annexes require approval by two thirds of the WTO members; whereas the Ministerial Conference of the WTO may decide exclusively by consensus to add plurilateral agreements to Annex 4 of the Marrakesh Agreement Establishing the WTO; whereas, for an agreement on trade in services to be enforceable, it needs to be fully anchored to the WTO and its Dispute Settlement Mechanism; whereas a principle of special and differential treatment of Developing Countries is enshrined in the WTO, including in GATS;

Amendment 490 #

Stelios KOULOGLOU, Eleonora FORENZA, Lola SÁNCHEZ CALDENTEY

Motion for a resolution
Paragraph 1 – point g – point i

i. to fully preserve European, national and local authorities’ right to regulate by rejecting the TiSA annex on domestic regulation;

Amendment 491 #

Motion for a resolution
Paragraph 1 – point g – point i a (new)

ia. to oppose the classification of municipal, regional or national provisions of land use and regional development or land-use plans as non-tariff barriers to trade, and to oppose restrictions to cross- subsidisation of undertakings under the same local authority where they exceed the restrictions existing under EU and national laws;

Amendment 492 #

Motion for a resolution
Paragraph 1 – point g – point i a (new)

ia. to guarantee the country of destination principle is upheld where standards differ, including especially Mode 4 services (temporary free movement of service suppliers or of employees sent out by a supplier), to ensure that rules on qualifications and on labour and collective bargaining laws continue to apply in the host country; the temporary free movement of service suppliers or of employees sent out by a service supplier must on no account be used to prevent strikes or circumvent existing collective bargaining laws (by hiring temporary workers);

Amendment 493 #

Motion for a resolution
Paragraph 1 – point g – point i a (new)

ia. to recognise that the parties to the negotiations subscribe to the rule of law and have independent judicial systems, with provision for remedies to guarantee the rights of investors and citizens;

Amendment 494 #

Motion for a resolution
Paragraph 1 – point g – point i b (new)

ib. to recognise the complete absence of reciprocity in the investor state arbitration arrangements, which permits undertakings to threaten judicially States which wish to adopt progressive legislation, while corporate social and environmental responsibilities are not addressed in any way;

Amendment 495 #

Motion for a resolution
Paragraph 1 – point g – point ii

ii. to promote good governance and foster good practices in administrative and legislative processes, by encouraging the wide take-up of measures that strengthen the independence of decision-makers, increase the transparency of decisions~~, and reduce red tape~~; to stress that consumer protection and safety must be at the centre of regulatory endeavours;

Amendment 496 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Victor BOŞTINARU, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point g – point ii

ii. to promote good governance and foster good practices in administrative and lregisulat~~ive~~ory processes, by encouraging the wide take-up of measures that strengthen the independence of decision-makers, and increase the transparency ~~of decisions, and reduce red tape; to stress that consumer~~and democratic accountability of decisions; to stress that consumer, health and environmental protection and safety and labour rights must be at the centre of regulatory endeavours;

Amendment 497 #

Motion for a resolution
Paragraph 1 – point g – point ii

ii. to promote good governance and foster good practices in administrative and legislative processes, by encouraging the wide take-up of measures that strengthen the independence of decision-makers, increase the transparency of decisions, and reduce red tape; to stress that consumer protection and safety must be at the centre of regulatory endeavours and that no European standard may be revised in such a way as to weaken it;

Amendment 498 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Anne-Marie MINEUR, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point g – point ii

ii. to promote good governance and transparency and to foster good practices in administrative and legislative processes, by encouraging the wide take-up of measures that strengthen the independence of decision-makers, increase the transparency of decisions, and reduce red tape; to stress that consumer protection and safety must be at the centre of regulatory endeavours;

Amendment 499 #

Motion for a resolution
Paragraph 1 – point g – point ii a (new)

iia. to ensure policy space to implement regulation for the protection of civil society;

Amendment 5 #

Motion for a resolution
Citation 8 a (new)

- having regard to Regulation (EC) no 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents,

Amendment 50 #

Motion for a resolution
Recital C a (new)

Ca. whereas the offensive interests of European companies in the area of public procurement cannot justify the imposition of economic models on our trading partners resulting in the public authorities withdrawing from the provision of essential public services;

Amendment 500 #

Motion for a resolution
Paragraph 1 – point g – point ii a (new)

iia. A binding social clause in the core text of the treaty should safeguard the protection of workers’ rights under TISA;

Amendment 501 #

Motion for a resolution
Paragraph 1 – point g – point ii a (new)

iia. to create a framework to bring together the various parties to the agreement to work together to combat fraud, swindling, abuses and illegal activities relating to services by means of exchanges of information and judicial cooperation so that the potential globalised services market does not fall victim to a lack of confidence among operators;

Amendment 502 #

Motion for a resolution
Paragraph 1 – point g – point iii

Amendment 503 #

Motion for a resolution
Paragraph 1 – point g – point iii

Amendment 504 #

Motion for a resolution
Paragraph 1 – point g – point iii

iii. to recognise that ~~the~~GATS Article VI on domestic regulation cha~~pter is necessary to prevent parties from implementing disguised trade barriers and imposing unnecessary burdens on foreign compani~~s been one of the stumbling blocks in GATS negotiations since the Uruguay Round and still is today due to the high sensitivity of the matter; to note that domestic regulation is in principle non-discriminatory as it applies in the same manner to domestic and foreign service suppliers; to consider that domestic regulation disciplines, in ~~particular when they apply for different types of permit~~terfere with the regulatory autonomy of national authorities and that they should first of all continue to satisfy public policy goals rather than being made trade- oriented; to limit domestic regulation disciplines to ensuring clear and non- discriminatory rules;

Amendment 505 #

Jude KIRTON-DARLING, Eric ANDRIEU, Emmanuel MAUREL, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point g – point iii

iii. to recognise that the domestic regulation chapter is necessary to pr~~event parties from implementing disguised trade barriers and imposing unnecessary burdens~~otect the right of States to legislate and to ensure that the result onf foreign ~~companies,~~investment ins p~~articular when they apply for different types of permits~~ositive for the local economy, workers and consumers in the host country;

Amendment 506 #

Motion for a resolution
Paragraph 1 – point g – point iii

iii. to recognise that ~~the~~ domestic regulation ~~chapter is~~provisions, as provided in the GATS, might be necessary to prevent parties from implementing disguised trade barriers and imposing unnecessary burdens on foreign companies, in particular when they apply for different types of permits;

Amendment 507 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Anne-Marie MINEUR, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point g – point iii

iii. to recognise that the domestic regulation chapter is necessary to prevent parties from implementing disguised trade barriers and imposing unnecessary burdens on foreign companies, in particular when they apply for different types of permitsright to regulate should not be endangered by the domestic regulation chapter; and reject the introduction of "necessity tests" for domestic regulation;

Amendment 508 #

Motion for a resolution
Paragraph 1 – point g – point iii

iii. to recognise that ~~the~~GATS Article VI.4 on domestic regulation cha~~pter is necessary to prev~~s been challenged by different pParties ~~from implementing disguised trade barriers and imposing unnecessary burdens on foreign companies, in particular when they apply for different types of permit~~due to its sensitive nature being more trade-oriented rather than useful for public utility and to preserve the right to regulate of national authorities;

Amendment 509 #

Motion for a resolution
Paragraph 1 – point g – point iii a (new)

iiia. to reject the domestic regulation annex;

Amendment 51 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital D

D. whereas the globalisation, servicification and digitalisation both of our economies and of international trade call for policy action to set up and enhance international rules;

Amendment 510 #

Motion for a resolution
Paragraph 1 – point g – point iii a (new)

iiia. to reject the domestic regulation annex

Amendment 511 #

Motion for a resolution
Paragraph 1 – point g – point iii a (new)

iiia. to reject any approach to establish the concept of necessity tests and the inclusion of vague legal concepts such as "unnecessary" and "inappropriate";

Amendment 512 #

Motion for a resolution
Paragraph 1 – point g – point iii a (new)

iiia. to consider that in the Annex on Domestic regulation the concept of 'discriminating regulation' may reduce the scope of action of the National and Regional legislator and calls thus for a clear definition of the terms 'objective' and 'not more burdensome than necessary' when referred to measures of general application affecting trade in services;

Amendment 513 #

Motion for a resolution
Paragraph 1 – point g – point iii b (new)

iiib. to not consider applying a EU- equivalent proportionality test in TiSA or GATS as an alternative to the necessity test, since proportionality is applied and interpreted on the basis of the principles of the EU acquis, which cannot be recognised as a legal basis under international trade agreements;

Amendment 514 #

Motion for a resolution
Paragraph 1 – point g – point iv

iv. to ensure that agreed rules apply only to trade-related measures, ~~such as~~only to qualifications and licensing requirements and procedures, and only in sectors where a party has undertaken commitments;

Amendment 515 #

Motion for a resolution
Paragraph 1 – point g – point iv a (new)

iva. to ensure that, even after granting a licencing authorisation, such procedures as further public consultation or impact assessments can be carried out by public authorities if necessary and that this is not to be interpreted as causing undue delay;

Amendment 516 #

Motion for a resolution
Paragraph 1 – point g – point iv a (new)

iva. to guarantee that the universal service principle remains safeguarded, so that for instance people living in remote regions, border areas, islands or mountainous areas enjoy the same standard of service and do not pay more than people living in urban areas;

Amendment 517 #

Motion for a resolution
Paragraph 1 – point g – point iv b (new)

ivb. to oppose the classification of municipal and regional provisions on land use and regional development or land-use plans as non-tariff barriers to trade;

Amendment 518 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Victor BOŞTINARU, Agnes JONGERIUS, Emmanuel MAUREL, Alessia Maria MOSCA, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point g – point v

v. to request and publish a legal opinion prior to Parliament’s vote on the final agreement, with a view to thoroughly assessing the two Annexes on domestic regulation and transparency in light of EU law, EU principles and international jurisprudence, ~~and~~ to assess whether the legal obligations set in these chapters are already respected in the EU, and whether necessity tests limit public authorities' right to regulate;

Amendment 519 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Anne-Marie MINEUR, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point g – point v

v. to request and publish a legal opinion prior to Parliament’'s vote on the final agreement, with a view to thoroughly assessing the two Annexes on domestic regulation and transparency in light of EU law~~, EU principles and international jurisprudence,~~ and to assess whether the legal obligations set in these chapters are already respected in the EU;

Amendment 52 #

Franck PROUST

Motion for a resolution
Recital D

D. whereas in the context of globalisation, the servicification and digitalisation both of our economies and of international trade call for policy action to enhance international rules;

Amendment 520 #

Motion for a resolution
Paragraph 1 – point g – point v a (new)

va. recalls the superiority of the European Human Charter on Human Rights over any international treaty and calls the European Court of Justice to effectively guaranty this juridical supremacy;

Amendment 521 #

Motion for a resolution
Paragraph 1 – point g – point vi

vi. to clearly define the law-making principles of transparency and objectivity so as to ensure that these concepts do not turn into catch-all provisions; to recognise that all measures are administered in a reasonable, objective and impartial manner if they are applied the same way to domestic and foreign providers;

Amendment 522 #

Jude KIRTON-DARLING, Eric ANDRIEU, Emmanuel MAUREL, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point g – point vi

vi. to clearly define the law-making principles of transparency and objectivity so as to ensure that these concepts do not turn into catch-all provisions and do not affect the right to regulate or slow down legislative processes; in particular to ensure that provisions contained in any transparency annex do not affect pricing mechanisms;

Amendment 523 #

Motion for a resolution
Paragraph 1 – point g – point vi

vi. to clearly define the law-making principles of transparency and objectivity so as to ensure that these concepts do not turn into catch-all provisions; in particular, to ensure that provisions contained in any transparency annex do not affect pricing mechanisms;

Amendment 524 #

Motion for a resolution
Paragraph 1 – point g – point vii

vii. to make information on trade-related regulations and how they are administered publicly available online, in order to ensure greater transparency; to place the emphasis on rules governing licensing and authorisations; to specifically push for the creation of a web-based one-stop shop information mechanism for SMEs;

Amendment 525 #

Motion for a resolution
Paragraph 1 – point g – point vii

vii. to make information on trade-related regulations and how they are administered publicly available online; to place the emphasis on rules governing licensing and authorisations; to specifically push for the creation of a web-based one-stop shop information mechanism for SMEs and to include SMEs in it is conception;

Amendment 526 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point g – point viii

viii. to ensure that administrative fees charged to foreign companies are fair~~, that remedies making it possible to file a complaint in national courts exist, and that rulings are delivered in a reasonable period of time~~; to recognise that licencing fees can be used, for instance, to cross-finance public and universal services and to not undermine the possibility for public authorities to charge fees higher than the administrative costs involved, provided they are applied in a non-discriminatory manner; to ensure, that remedies making it possible to file a complaint in administrative national courts are equally accessible to domestic and foreign providers;

Amendment 527 #

Motion for a resolution
Paragraph 1 – point g – point viii

viii. to ensure that administrative fees charged to foreign companies are fair, that remedies making it possible to file a complaint in national courts exist, and that rulings are delivered in a reasonable period of time; while assuring that licencing fees can be used for socially legitimate goods such as cross-financing or shaping an economic sector or social practice;

Amendment 528 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU

Motion for a resolution
Paragraph 1 – point g – point viii

viii. to ensure that administrative fees charged to foreign companies are fair~~, tha~~ and proportionate, that sufficient remedies making it possible to file a complaint in national courts exist, and that rulings are delivered in a reasonable period of time;

Amendment 529 #

Motion for a resolution
Paragraph 1 – point g – point ix

ix. to maintain the EU practice of carrying out public consultations prior to legislative proposals; to ensure that the outcomes of these consultations will be observed closely during the negotiations;

Amendment 53 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital D

D. whereas the globalisation, servicification and digitalisation both of our economies and of international trade call for more just and fair policy action to enhance international rules in areas like tax evasion or social dumping;

Amendment 530 #

Motion for a resolution
Paragraph 1 – point g – point ix

ix. to maintain the EU practice of carrying out public consultations prior to legislative proposals, without giving privileged access to trade and other commercial interests;

Amendment 531 #

Motion for a resolution
Paragraph 1 – point g – point x

x. to oppose any proposals calling for the mandatory submission of legislative proposals to third parties prior to their publication; to apply this principle to all TiSA annexes;

Amendment 532 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, David MARTIN, Emmanuel MAUREL, Sorin MOISĂ, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point g – point x

x. to oppose any proposals calling for the mandatory submission of legislative proposals to third parties prior to their publication; to bear in mind that stakeholders have different access to resources and expertise, and to ensure that the introduction of a voluntarily stakeholder consultation process in TiSA does not create a bias towards the better funded organisations;

Amendment 533 #

Stelios KOULOGLOU, Eleonora FORENZA, Lola SÁNCHEZ CALDENTEY, Anne-Marie MINEUR

Motion for a resolution
Paragraph 1 – point g – point x

x. to ~~oppose any proposals call~~ensure that nothing ~~for~~in the ~~mandatory submission of legislative proposals to third parties prior to their publication~~agreement prevents the EU from taking decisions in the context of its better regulation agenda;

Amendment 534 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Victor BOŞTINARU, David MARTIN, Emmanuel MAUREL, Alessia Maria MOSCA, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point g – point x a (new)

xa. to reject the inclusion of a Most Favoured Nation Clause (MFN) in TiSA;

Amendment 535 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point g – point x b (new)

xb. to secure full transparency as to the conditions prevailing in TiSA participants' markets in particular with respect to regulation applicable at sub- federal level;

Amendment 536 #

Motion for a resolution
Paragraph 1 – point x a (new)

xa. to ensure that universal service is safeguarded, so that for instance people living in remote regions, border areas, islands or mountainous areas enjoy the same standard service and do not pay more that people living in urban areas;

Amendment 537 #

Motion for a resolution
Paragraph 1 – point x a (new)

xa. to reject the inclusion of investor state arbitration arrangements in TiSA which place themselves above national courts and restrict legislative powers conferred by citizens;

Amendment 538 #

Motion for a resolution
Paragraph 1 – point h – point i

i. to acknowledge that TiSA ~~is an opportunity to~~must ensure competition by the rules, not for the rules;

Amendment 539 #

Motion for a resolution
Paragraph 1 – point h – point i

i. to acknowledge that TiSA is an opportunity to ensure a competiti~~on by the rules, not for the rules~~ve level playing field among the parties by creating common disciplines and provisions aimed at ensuring a minimum level of best regulatory practice;

Amendment 54 #

Motion for a resolution
Recital D

D. whereas the globalisation, servicification and digitalisation both of our economies and of international trade ~~call for policy action to enhance international rule~~have spurred unprecedented economic growth and can lead to the globalisation of standards;

Amendment 540 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Karoline GRASWANDER-HAINZ, David MARTIN, Emmanuel MAUREL, Sorin MOISĂ, Joachim SCHUSTER

Motion for a resolution
Paragraph 1 – point h – point i a (new)

ia. to allow participating countries to modify or withdraw a commitment in their schedule if they can negotiate a substitute commitment with all other parties, by analogy to the provisions of GATS article XXI;

Amendment 541 #

Motion for a resolution
Paragraph 1 – point h – point i a (new)

ia. to include a State to State dispute settlement mechanism in TiSA to be used until the agreement is multilateralised and the WTO dispute settlement mechanisms become available;

Amendment 542 #

Jude KIRTON-DARLING, Victor BOŞTINARU, Karoline GRASWANDER-HAINZ, David MARTIN, Sorin MOISĂ

Motion for a resolution
Paragraph 1 – point h – point i a (new)

ia. to acknowledge that an increase in budget and scope of the EGF as well as other mechanism to support income are necessary as TiSA and other international trade agreements will displace EU workers across sectors;

Amendment 543 #

Motion for a resolution
Paragraph 1 – point h – point i b (new)

ib. to include a dispute settlement mechanism in TiSA to be used until the agreement is multilateralised and the WTO dispute settlement mechanisms become available;

Amendment 544 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point h – point ii

ii. to endeavour to include a regulatory chapter on government procurement with a view to maximising the participation of European companies in foreign tenders; to deplore the lack of transparency regarding non-European calls for tenders and to denounce the lack of reciprocity in this area, as illustrated by the preferential treatment granted to domestic companies in several countries; to encourage the ratification and implementation of the WTO Government Procurement Agreement and its 2011 revision; to call upon the Member States to reinvigorate discussions on the proposed international public procurement instrument;deleted

Amendment 545 #

Marielle DE SARNEZ, Tokia SAÏFI

Motion for a resolution
Paragraph 1 – point h – point ii

ii. to ~~endeavour to includ~~oppose a regulatory chapter on government procurement with a view to maximising the participation of European companies in foreign tenders; to deplore the lack of transparency regarding non-European calls for tenders and to denounce the lack of reciprocity in this area, as illustrated by the preferential treatment granted to domestic companies in several countries; to encourage the ratification and implementation of the WTO Government Procurement Agreement and its 2011 revision; to call upon the Member States to reinvigorate discussions on the proposed international public procurement instrumentas long as its provisions do not include sustainability criteria, as well as thresholds below which commitments do not apply, in line with the EU Directives; to consider that public procurement is an important public policy instrument especially for developing and transition countries and that the EU Member States have benefitted from national preferences in the past to foster economic development; to note that the EU has now lost the possibility to use procurement for public policy and political economy purposes;

Amendment 546 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Victor BOŞTINARU, Agnes JONGERIUS, Bernd LANGE, David MARTIN, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 1 – point h – point ii

ii. to endeavour to include a regulatory chapter on government procurement with a view to maximising the participation of European companies in foreign tenders and to safeguard the ability of public authorities in the EU to discriminate on the basis of environmental and social criteria; to deplore the lack of transparency regarding non-European calls for tenders and to denounce the lack of reciprocity in this area, as illustrated by the preferential treatment granted to domestic companies in several countries; to encourage the ratification and implementation of the WTO Government Procurement Agreement and its 2011 revision; to call upon the Member States to reinvigorate discussions on the proposed international public procurement instrument;

Amendment 547 #

Motion for a resolution
Paragraph 1 – point h – point ii

ii. to ~~endeavour to include~~defend the inclusion in the agreement of a regulatory chapter on government procurement with a view to maximising the participation of European companies in foreign tenders; to deplore the lack of transparency regarding non- European calls for tenders and to denounce the lack of reciprocity in this area, as illustrated by the preferential treatment granted to domestic companies in several countries; to encourage the ratification and implementation of the WTO Government Procurement Agreement and its 2011 revision; to call upon the Member States to reinvigorate discussions on the proposed international public procurement instrument;

Amendment 548 #

Motion for a resolution
Paragraph 1 – point h – point ii

ii. to endeavour to include a regulatory chapter on government procurement with a view to maximising the participation of European companies in foreign tenders; to deplore the lack of transparency regarding non-European calls for tenders and to denounce the lack of reciprocity in this area, as illustrated by the preferential treatment granted to domestic companies in several countries; to encourage the ratification and implementation of the WTO Government Procurement Agreement and its 2011 revision; to call upon the Member States and the Commission to reinvigorate discussions on the proposed international public procurement instrument;

Amendment 549 #

Motion for a resolution
Paragraph 1 – point h – point ii

ii. to endeavour to include a regulatory chapter on government procurement with a view to maximising the participation of European companies in foreign tenders; to ~~deplor~~overcome the lack of transparency and market entry barriers regarding non- European calls for tenders ~~and to denounce the lack of reciprocity in this area,~~ as illustrated by the preferential treatment granted to domestic companies in several countries; to encourage the ratification and implementation by those parties who have not yet done so of the WTO Government Procurement Agreement and its 2011 revision; ~~to call upon the Member States to reinvigorate discussions on the proposed international public procurement instrument;~~

Amendment 55 #

Motion for a resolution
Recital D

D. whereas the globalisation, and increasing servicification and digitalisation both of our economies and of international trade urgently call for policy action to enhance international rules, to globally strengthen the EU's position;

Amendment 550 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU, Helmut SCHOLZ

Motion for a resolution
Paragraph 1 – point h – point ii

ii. to ~~endeavour to include~~oppose the inclusion of a regulatory chapter on government procurement with a view to maximising the participation of European companies in foreign tenders; to deplore the lack of transparency regarding non-European calls for tenders and to denounce the lack of reciprocity in this area, as illustrated by the preferential treatment granted to domestic companies in several countries; to encourage the ratification and implementation of the WTO Government Procurement Agreement and its 2011 revision; to and to ensure that any upcoming commitment will not overcome locall ~~upon the Member States to reinvigorate discussions on the proposed international public procurement instrument~~or national laws;

Amendment 551 #

Marielle DE SARNEZ

Motion for a resolution
Paragraph 1 – point h – point ii a (new)

iia. to call upon the European Union to introduce a ‘European Business Act’, modelled on the ‘American Business Act’ and supporting the economic development of SMEs and European industry;

Amendment 552 #

Motion for a resolution
Paragraph 1 – point h – point ii a (new)

iia. to ensure protection of EU small and medium sized service providers from unfair trading practices from services providers from outside the EU. For example by an article ensuring strict supervisory authorities and competition authorities. This article should at least contain the GATS Art. IX on 'Business practices'.

Amendment 553 #

Motion for a resolution
Paragraph 1 – point h – point ii a (new)

iia. to point out that in European Union not only the provision and quality and continuity of public services are part of our social model, but also their democratic control by the citizens;

Amendment 554 #

Motion for a resolution
Paragraph 1 – point h – point iii

iii. to lower unnecessary barriers to trade in energy- and environment-related services, while keeping the possibility to take reservations on market access and national treatment in all modes of supply, given that an increasing number of services, such as installation, management and repairs, are sold together with products in these two areas; to oppose all horizontal standstill clauses as well as any prohibition to adopt Section A reservations; to acknowledge the explicit recognition of each party’s sovereignty over energy resources and to preserve the EU’s right to regulate, in particular so as to meet the European objectives of sustainability, security and affordability;

Amendment 555 #

Marielle DE SARNEZ

Motion for a resolution
Paragraph 1 – point h – point iii

iii. to lower barriers to trade in energy- and environment-related services, particularly those relating to the development and promotion of renewable energy and environmentally sound technologies, given that an increasing number of services, such as installation, management and repairs, are sold together with products in these two areas; to acknowledge the explicit recognition of each party’s sovereignty over energy resources and to preserve the EU’s right to regulate, in particular so as to meet the European objectives of sustainability, security and affordability;

Amendment 556 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point h – point iii

iii. to lower barriers to trade in energy- and environment-related services, given that an increasing number of services, such as installation, management and repairs, are sold together with products in these two areas; to acknowledge the explicit recognition of each party’'s sovereignty over energy resources in line with Treaty provisions and to preserve the EU’'s right to regulate, in particular so as to meet the European objectives of sustainability, security and affordability;

Amendment 557 #

Motion for a resolution
Paragraph 1 – point h – point iii a (new)

iiia. to ensure that upcoming procurement commitments do not overcome any local or national law of any party;

Amendment 558 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU

Motion for a resolution
Paragraph 1 – point h – point iii a (new)

iiia. to acknowledge that TiSA will be a danger for workers’ rights in Europe since some of the negotiating countries haven't ratified the core labour standards of the ILO; ensure that all signatories of the TiSA agreement have ratified the core labour standards from the ILO which include freedom of association and the right to collective bargaining; the effective abolition of child labour; the elimination of all forms of forced or compulsory labour and the elimination of discrimination in respect of employment and occupation;

Amendment 559 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point h – point iii b (new)

iiib. to ensure that the public procurement to ensure that the recently adopted EU rules on public procurement are shielded and supported in the framework of the negotiations, in particular regarding SMEs' access to public contracts, eligibility criteria based on the best quality-price ratio instead of the cheapest price, reserved markets allocated to social economy undertakings, the possibility for contractual authorities to foster inter- community cooperation, and the preservation of thresholds for tendering exclusion from EU and international rules;

Amendment 56 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital D

Amendment 560 #

Motion for a resolution
Paragraph 1 – point i – point i

i. to ensure the highest level of transparency, dialogue and accountability, and to emulate the document disclosure policy of the WTO, whereby all negotiating documents are made available to the public;

Amendment 561 #

Motion for a resolution
Paragraph 1 – point i – point i

i. to ensure the highest level of transparency, dialogue and accountability, to publish all negotiating texts and to ensure that the European Parliament and National Parliaments have immediate access to the final and intermediate results of any impact assessment;

Amendment 562 #

Motion for a resolution
Paragraph 1 – point i – point i

i. to ensure the highest level of transparency, dialogue and accountability in line with existing WTO rules;

Amendment 563 #

Motion for a resolution
Paragraph 1 – point i – point i a (new)

ia. to ensure a high level of citizen and stakeholder engagement, including through organising meetings and events to explain what TiSA is and is not; to stress that member states, who set out the negotiating directives, have a fundamental role to play in this regard;

Amendment 564 #

Motion for a resolution
Paragraph 1 – point i – point i a (new)

ia. to ensure disclosure of the negotiating texts and the contents of proposals, the greatest possible transparency in relation to the negotiations and, when required by the negotiating conditions, continuing access for elected representatives and the social partners to the most sensitive documents;

Amendment 565 #

Motion for a resolution
Paragraph 1 – point i – point i a (new)

ia. to ensure a high level of citizen and stakeholder engagement, including through organising meetings and events to explain what TiSA is and is not; to stress that Member States, who set out the negotiating directives, have a fundamental role to play in this regard;

Amendment 566 #

Motion for a resolution
Paragraph 1 – point i – point ii

ii. to ensure that ~~the m~~all Members of Parliament~~’s Committee on International Trade~~ receive all the negotiating documents related to TiSA;

Amendment 567 #

Motion for a resolution
Paragraph 1 – point i – point ii

ii. to ensure that the members of Parliament’s Committee on International Trade receive all the negotiating documents related to TiSA as well as Commission internal assessments including briefing documents, minutes and summaries of negotiating rounds;

Amendment 568 #

Motion for a resolution
Paragraph 1 – point i – point ii

ii. to ensure that the mall Members of ~~Parliament’s Committee on International Trade~~the European Parliament receive all the negotiating documents related to TiSA;

Amendment 569 #

Motion for a resolution
Paragraph 1 – point i – point ii

ii. to ensure that the members of Parliament’s Committee on International Trade receive all the negotiating documents related to TiSA; to encourage Member States to involve national parliaments and to provide all the necessary support for Member States to fulfil this task, in order to keep national parliaments adequately informed on the ongoing negotiations;

Amendment 57 #

Motion for a resolution
Recital D

D. whereas the globalisation, servicification and digitalisation both of our economies and of international trade call for policy action to enhance international rules, in order to prevent the exploitation of labour, to safeguard climate and environment, and protect consumers rights;

Amendment 570 #

Motion for a resolution
Paragraph 1 – point i – point ii

ii. to ensure that the members of Parliament’'s Committee on International Trade receive all the negotiating documents related to TiSA where appropriate, ensuring that the negotiating position of the EU is not compromised; calls on Members to take full responsibility when handling such documents to ensure that the Parliament can continue to push for transparency across trade agreements;

Amendment 571 #

Motion for a resolution
Paragraph 1 – point i – point iii

iii. to welcome the substantial push for transparency vis-à-vis the public since the 2014 European elections, including the publication of EU market access offers and the mandate granted by the Council; to further these efforts by providing fact sheets for each part of the agreement and by publishing factual round-by-round feedback reports on the Europa website; to step up, in line with the recommendations of the European Ombudsman on TTIP, ongoing efforts to increase transparency in the negotiations by the immediate publication of all documents relevant to TiSA, including negotiation proposals, especially consolidated negotiation texts; to reinforce continuous and transparent engagement with all stakeholders and civil society organisations in particular by allowing them to participate in the negotiating process;

Amendment 572 #

Motion for a resolution
Paragraph 1 – point i – point iii

iii. to ~~welcome the substantial push for~~acknowledge the genuine, but as yet seriously insufficient, progress which has been made with regard to transparency vis-à-vis the public since the 2014 European elections, including the publication of EU market access offers and the mandate granted by the Council; to further these efforts by providing fact sheets for each part of the agreement and by publishing factual round-by-round feedback reports ~~on the Europa website~~and, in so far as possible, the negotiating documents on the Europa website; to encourage our negotiating partners to increase transparency so that TiSA is not negotiated under more opaque conditions than those arranged under the aegis of the WTO;

Amendment 573 #

Motion for a resolution
Paragraph 1 – point i – point iii

Amendment 574 #

Motion for a resolution
Paragraph 1 – point i – point iii

iii. to welcome the substantial push for public transparency ~~vis-à-vis the public~~ since the 2014 European elections, including the publication of EU market access offers and the mandate granted by the Council; to further these efforts by providing fact sheets ~~for~~explaining in a clear and comprehensible way each part of the agreement and by publishing factual round- by-round feedback reports on the Europa website;

Amendment 575 #

Motion for a resolution
Paragraph 1 – point i – point iii

Amendment 576 #

Motion for a resolution
Paragraph 1 – point i – point iii a (new)

iiia. to convince negotiating partners to mirror the EU’s step to further transparency, to facilitate a more open process on all sides;

Amendment 577 #

Franz OBERMAYR, Edouard FERRAND, Matteo SALVINI, Marine LE PEN

Motion for a resolution
Paragraph 1 – point i – point iii a (new)

iiia. to convince negotiating partners to mirror the EU’s step to further transparency, to facilitate a more open process on all sides;

Amendment 578 #

Motion for a resolution
Paragraph 1 – point i – point iv

~~iv. to welcome the continuous engagement of the EU institutions with a wide range of stakeholders throughout the negotiation process;~~deleted

Amendment 579 #

Motion for a resolution
Paragraph 1 – point i – point iv

iv. to welcome the continuous engagement of the EU institutions with a wide range of stakeholders throughout the negotiation process; to encourage civil society to participate actively and to put forward initiatives, concerns, problematic issues and information relevant to the negotiations and to urge the Commission to better take those into account;

Amendment 58 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital D

D. ~~whereas the globalisation,~~having regard to servicification and digitalisation ~~both of~~in the globalisation process; whereas both globalisation and services are essential to our economies and tof international trade ~~call for~~, and whereas they call therefore for integrated multilateral policy action to enhance international rules;

Amendment 580 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Karoline GRASWANDER-HAINZ, Agnes JONGERIUS, David MARTIN, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA

Motion for a resolution
Paragraph 1 – point i – point iv

iv. to ~~welcome the~~ensure serious and continuous engagement of the EU institutions with social partners and a wide range of stakeholders throughout the negotiation process;

Amendment 581 #

Motion for a resolution
Paragraph 1 – point i – point iv

iv. to ~~welcome~~limit the continuous engagement of the EU institutions with a wide range of ~~stakeholders throughout~~lobby groups throughout the negotiation process, and to ensure that other stakeholders are not any more left from the negotiation process;

Amendment 582 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU, Helmut SCHOLZ

Motion for a resolution
Paragraph 1 – point i – point iv

iv. to welcome the continuous engagement of the EU institutions with a wide range of stakeholders throughout the negotiation process; to ensure that the negotiators allow equitable access and engagement to all relevant stakeholders;

Amendment 583 #

Marielle DE SARNEZ, Tokia SAÏFI

Motion for a resolution
Paragraph 1 – point i – point iv

iv. to welcome the continuous engagement of the EU institutions with a wide range of stakeholders throughout the negotiation process and to call for this engagement to be intensified as the negotiations progress, so that the expectations of European civil society and stakeholders are adequately taken into account;

Amendment 584 #

Franz OBERMAYR, Edouard FERRAND, Matteo SALVINI, Marine LE PEN

Motion for a resolution
Paragraph 1 – point i – point v

v. to ~~encourage the~~request Member States to involve ~~their nat~~national and regional parliaments a~~nd to keep them adequately informed about the ongoing negotiations~~s well as local authorities in the negotiations as much as possible and to keep them adequately informed about reports, proposals and positions of the EU;

Amendment 585 #

Motion for a resolution
Paragraph 1 – point i – point v

v. to encourage the Member States to involve their national parliaments and to keep them ~~adequately informed~~informed in the best possible way about the ongoing negotiations;

Amendment 586 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Paragraph 1 – point i – point v

v. to encourage the Member States to involve their national ~~parlia~~, regional and local parliaments by granting access to all negotiating documents and to keep them adequately informed about the ongoing negotiations;

Amendment 587 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU

Motion for a resolution
Paragraph 1 – point i – point v

v. to encourage the Member States to involve their national parliaments and to keep them adequately informed about the ongoing negotiations; call on the Council to ensure that TiSA will be a mixed agreement;

Amendment 588 #

Motion for a resolution
Paragraph 1 – point i – point v

v. to encourage the Member States to involve more their national parliaments and regional authorities to keep them adequately informed about the ongoing negotiations and the EU position;

Amendment 589 #

Motion for a resolution
Paragraph 1 – point i – point v a (new)

va. whereas education is a public good and a fundamental right;

Amendment 59 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital D

Amendment 590 #

Jude KIRTON-DARLING

Motion for a resolution
Paragraph 1 – point i – point v a (new)

va. to invite local and regional authorities' representatives, which are represented at EU level by the Committee of the Regions, to the dialogues organised by the European Commission at the beginning and at the end of each rounds of negotiations;

Amendment 591 #

Motion for a resolution
Paragraph 1 – subparagraph 1 (new)

to withdraw from TiSA negotiations if all the above recommendations are not respected;

Amendment 592 #

Stelios KOULOGLOU, Eleonora FORENZA, Lola SÁNCHEZ CALDENTEY

Motion for a resolution
Paragraph 1 – subparagraph 1 (new)

to withdraw from TiSA negotiations if the European Parliament recommendations are not respected and followed during the negotiations;

Amendment 593 #

Motion for a resolution
Paragraph 1 – subparagraph 1 (new)

to oppose any intent of ratcheting up the coverage of the Agreement through the implementation of a ‘most favoured nation’ status, thereby ensuring that the worst aspects of the eventually ratified CETA, TTIP and TPP could be incorporated into the text;

Amendment 594 #

Motion for a resolution
Paragraph 1 – subparagraph 1 (new)

to withdraw from TiSA negotiations if all the above recommendations are not respected;

Amendment 595 #

Stelios KOULOGLOU, Eleonora FORENZA, Lola SÁNCHEZ CALDENTEY

Motion for a resolution
Paragraph 1 – subparagraph 1 (new)

to reject the current negotiations on the Trade in Services Agreement (TiSA);

Amendment 596 #

Motion for a resolution
Paragraph 1 – subparagraph 1 (new)

to strongly oppose any possibility of ratcheting up the coverage of the Agreement through the implementation of ‘most favoured nation’ status, thereby ensuring that the worst aspects of the eventually conclude CETA, TTIP or TPP could be incorporated in TiSA;

Amendment 597 #

Stelios KOULOGLOU, Eleonora FORENZA, Lola SÁNCHEZ CALDENTEY

Motion for a resolution
Paragraph 1 – subparagraph 1 (new)

to strongly oppose any intent of ratcheting up the coverage of the Agreement through the implementation of ‘most favoured nation’ status thereby ensuring that the worst aspects of the eventually approved CETA, TTIP and TPP could be incorporated into the text;

Amendment 598 #

Stelios KOULOGLOU, Eleonora FORENZA, Lola SÁNCHEZ CALDENTEY

Motion for a resolution
Paragraph 1 – subparagraph 2 (new)

to ensure that legal disputes affecting compliance with this agreement to be referred to the public courts of the place of the defendant's registered office, and for proceedings to be conducted in the defendant’s language and governed by the laws in force in the defendant's country; to ensure that the right of appeal is safeguarded;

Amendment 599 #

Jude KIRTON-DARLING, Eric ANDRIEU, Maria ARENA, Karoline GRASWANDER-HAINZ, Emmanuel MAUREL, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Paragraph 2 a (new)

2a. Requests the European Commission to provide a detailed response to all the concerns raised in this resolution within three months of its adoption;

Amendment 6 #

Eleonora FORENZA, Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Helmut SCHOLZ

Motion for a resolution
Citation 10 a (new)

- having regard to Articles 2 and 3 of Treaty on European Union and to Article 8 of Treaty on the Functioning of the European Union that promote equality between women and men as one of the underlying values of the EU,

Amendment 60 #

Louis MICHEL, Gérard DEPREZ

Motion for a resolution
Recital D a (new)

Da. having regard to the position of emerging countries in trade in services and the market opportunities represented by developing countries;

Amendment 61 #

Motion for a resolution
Recital D a (new)

Da. whereas the EU is the world's largest importer and exporter of goods and services put together, with services accounting for 70% of total EU employment, 90% of EU job creation and 40% of the value of goods exported from Europe; whereas jobs in export industries pay higher salaries;

Amendment 62 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital D b (new)

Db. whereas multilateralism should be promoted as the framework for globalisation;

Amendment 63 #

Motion for a resolution
Recital E

~~E. whereas TiSA is an opportunity for the EU to consolidate its position as the world leader in the field, with 24 % of global trade in services;~~deleted

Amendment 64 #

Bernd LANGE, Jude KIRTON-DARLING

Motion for a resolution
Recital E

E. whereas TiSA is an opportunity for the EU to consolidate its position as the world leader in the field, with 24 % of global trade in services and whereas the services sector employs close to 70% of the EU's labour force;

Amendment 65 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU, Helmut SCHOLZ

Motion for a resolution
Recital E

E. whereas the value of EU exports in services has doubled over the last 10 years to reach a value of €728bn in 2014; whereas TiSA is an opportunity for the EU to consolidate its position as the world leader in the field, with 24 % of global trade in services;

Amendment 66 #

Motion for a resolution
Recital E a (new)

Ea. whereas the general EU public is confronted with a big lack of transparency in the TiSA negotiations since the Commission has only made a couple of documents public; whereas the European Commission has published less about the TiSA negotiations than they did for negotiations about trade agreements like TTIP or CETA; whereas Commissioner Malmstrom stated that the transparency model used in the TTIP negotiations would be implemented for all negotiations for trade agreements;

Amendment 67 #

Franz OBERMAYR, Edouard FERRAND, Matteo SALVINI, Marine LE PEN

Motion for a resolution
Recital F

~~F. whereas trade in services is an engine for jobs and growth in the EU;~~deleted

Amendment 68 #

Motion for a resolution
Recital F

F. whereas trade in services is an engine for jobs and growth in the EU, certain sectors of this kind of trade should not be entirely free of government regulation;

Amendment 69 #

Motion for a resolution
Recital F

F. whereas trade in services ismust be an engine for jobs and growth in the EU and must contribute to decent working conditions and a fair distribution of income in the EU and its partner countries;

Amendment 7 #

Motion for a resolution
Citation 12 a (new)

- having regard to the Commission´s Communication of 14 October 2015 on "Trade for all: Towards a more responsible trade and investment policy",

Amendment 70 #

Motion for a resolution
Recital F

F. whereas trade in services ismust be an engine for jobs and growth in the EU; leading to decent jobs and sustainable development ;

Amendment 71 #

Jude KIRTON-DARLING, Eric ANDRIEU, Victor BOŞTINARU, Agnes JONGERIUS, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Recital F

F. whereas trade in services ismust be an engine for jobs and growth in the EU;

Amendment 72 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital F

F. whereas trade in services is an crucial engine for jobs and growth in the EU, which can be strengthened by an ambitious TiSA;

Amendment 73 #

Motion for a resolution
Recital F

F. whereas trade in services iscould be an engine for decent jobs and inclusive growth in the EU;

Amendment 74 #

Motion for a resolution
Recital F

F. whereas trade in services iscould be an engine for jobs and growth in the EU;

Amendment 75 #

Motion for a resolution
Recital F

F. whereas trade in services is an crucial engine for jobs and growth in the EU, which can be strengthened by an ambitious TiSA;

Amendment 76 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU, Helmut SCHOLZ

Motion for a resolution
Recital F a (new)

Fa. whereas consumer rights and social and environmental standards are not trade barriers nor economic burdens and their protection should prevail over economic interests;

Amendment 77 #

Motion for a resolution
Recital F a (new)

Fa. whereas not all negotiating countries have ratified the core labour standards from the ILO which include freedom of association and the right to collective bargaining; the effective abolition of child labour; the elimination of all forms of forced or compulsory labour and the elimination of discrimination in respect of employment and occupation;

Amendment 78 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital F a (new)

Fa. whereas the TiSA negotiations must pursue the objectives of Europe 2020 and, therefore, focus on the contribution the agreement can make in terms of jobs, both quantitatively and qualitatively;

Amendment 79 #

Motion for a resolution
Recital G

G. whereas numerous barriers to trade in services, which if translated into equivalent tariffs amount to 15 % for Canada, 16 % for Japan, 25 % for South Korea, 44 % for Turkey and 68 % for China, continue to prevent European companies from reaping the full benefits of their competitiveness; whereas the EU, where the tariff equivalent of services restrictions is only 6 %, is substantially more open than most of its partners;deleted

Amendment 8 #

Eleonora FORENZA, Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Helmut SCHOLZ

Motion for a resolution
Citation 12 a (new)

- having regard to Directorate-General for External Policies' "The EU's Trade Policy: from gender-blind to gender- sensitive?",

Amendment 80 #

Franz OBERMAYR, Edouard FERRAND, Matteo SALVINI, Marine LE PEN

Motion for a resolution
Recital G

Amendment 81 #

Motion for a resolution
Recital G

G. whereas ~~numerous~~ barriers to trade in services, which if translated into equivalent tariffs and including necessary ones amount to 15 % for Canada, 16 % for Japan, 25 % for South Korea, 44 % for Turkey and 68 % for China, continue to prevent European companies from reaping the full benefits of their competitiveness; whereas the EU, where the tariff equivalent of services restrictions is only 6 %, is substantially more open than most of its partners; whereas services and goods cannot however be put on the same level of comparison since services are necessarily much more regulated;

Amendment 82 #

Jude KIRTON-DARLING, Victor BOŞTINARU, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Recital G

Amendment 83 #

Motion for a resolution
Recital G

G. whereas ~~numerous~~unnecessary barriers to trade in services, which if translated into equivalent tariffs amount to 15 % for Canada, 16 % for Japan, 25 % for South Korea, 44 % for Turkey and 68 % for China, continue to prevent European companies from reaping the full benefits of their competitiveness; whereas the EU, where the tariff equivalent of services restrictions is only 6 %, is substantially more open than most of its partners;

Amendment 84 #

Eleonora FORENZA, Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU

Motion for a resolution
Recital G a (new)

Ga. whereas several legal studies has put in question the compatibility of TISA with the existing WTO multilateral system;

Amendment 85 #

Anne-Marie MINEUR, Eleonora FORENZA, Stelios KOULOGLOU, Helmut SCHOLZ

Motion for a resolution
Recital G a (new)

Ga. whereas there is a growing public concern about the consequences of TiSA and other free trade agreements, which resulted in the 3.2 million signatures that are collected by the European Initiative against TTIP and CETA;

Amendment 86 #

Motion for a resolution
Recital H

H. whereas non-tariff barriers, which, including necessary ones, on average represent more than 50 % of the cost of cross-border services, disproportionately affect small and medium-sized enterprises, which often lack the human and financial resources necessary to overcome those obstacles; whereas the elimination of unnecessary barriers would facilitate their internationalisation; whereas cross-border trade in services bears risks in respect of consumer protection and regulatory arbitrage thereby making regulation, such as localisation requirements, particularly necessary;

Amendment 87 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital H

H. whereas non-tariff barriers, which on average represent more than 50 % of the cost of cross-border services, disproportionately affect small and medium-sized enterprises, which often lack the human and financial resources necessary to overcome those obstacles; whereas the elimination of unnecessary barriers would facilitate their internationalisationthe elimination of unnecessary non-tariff barriers could facilitate the internationalisation of SMEs as long as these barriers can be removed without jeopardizing the public policy objectives underpinning them;

Amendment 88 #

Jude KIRTON-DARLING, Eric ANDRIEU, Victor BOŞTINARU, Agnes JONGERIUS, Emmanuel MAUREL, Sorin MOISĂ, Alessia Maria MOSCA, Joachim SCHUSTER, Marita ULVSKOG

Motion for a resolution
Recital H

H. whereas non-tariff barriers, which on average represent more than 50 % of the cost of cross-border services, disproportionately affect small and medium-sized enterprises, which often lack the human and financial resources necessary to overcome those obstacles; whereas the elimination of unnecessary barriers would facilitate their internationalisation as long as these barriers can be removed without jeopardizing the public policy objectives underpinning them;

Amendment 89 #

Motion for a resolution
Recital H

H. whereas non-tariff barriers, which on average represent more than 50 % of the cost of cross-border services, disproportionately affect small and medium-sized enterprises, which often lack the human and financial resources necessary to overcome those obstacles; whereas the elimination of unnecessary barriers would facilitate their internationalisationdisproportionately affect small and medium-sized enterprises, when exporting, but represent also a protection for their local or national business; and given that only the 13% of the small and medium- sized enterprises are exporters;

Amendment 9 #

Motion for a resolution
Citation 13 a (new)

- having regard to Article 207 of the Treaty on the Functioning of the European Union (TFEU),

Amendment 90 #

Motion for a resolution
Recital H

H. whereas non-tariff barriers, which on average represent more than 50 % of the cost of cross-border services, disproportionately affect small and medium-sized enterprises, which are of crucial importance to the EU economy, in particular as regards job creation, but often lack the human and financial resources necessary to overcome those obstacles; whereas the elimination of unnecessary barriers would facilitate their internationalisation;

Amendment 91 #

Motion for a resolution
Recital H

H. whereas non-tariff barriers, which on average represent more than 50 % of the cost of cross-border services, disproportionately affect small and medium-sized enterprises, which make up one third of EU service exports and which often lack the human and financial resources necessary to overcome those obstacles; whereas the elimination of unnecessary barriers would facilitate their internationalisation;

Amendment 92 #

Bernd LANGE, Jude KIRTON-DARLING

Motion for a resolution
Recital I

I. whereas the globalisation of value chains increases the import content of both domestic output and exports; whereas in a context of global value chains binding core international standards become even more necessary in order to avoid a further race to the bottom, as well as social and environmental dumping;

Amendment 93 #

Motion for a resolution
Recital I

I. whereas the globalisation of value chains increases the import content of both domestic output and exports, whereas trade in goods and trade in services are interlinked and global rules are needed to govern these global supply-chains ;

Amendment 94 #

Stelios KOULOGLOU, Lola SÁNCHEZ CALDENTEY, Patrick LE HYARIC, Eleonora FORENZA

Motion for a resolution
Recital I

I. whereas the globalisation of value chains increases the import content of both domestic output and exports ; whereas in such context international labour standards and environmental commitments should be binding in all trade agreements;

Amendment 95 #

Motion for a resolution
Recital I

I. whereas the ~~globalisation of value chains increases the import content of both domestic output and exports~~level of service liberalisation is already sufficient and further negotiation on liberalisations is not necessary;

Amendment 96 #

Motion for a resolution
Recital I a (new)

Ia. whereas the expected Mode 4 provisions represent a global widening of the EU legislations on posting of workers and services liberalization, that have proven to be detrimental for workers protection, social cohesion and Members States' social protection financing;

Amendment 97 #

Eleonora FORENZA, Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Helmut SCHOLZ

Motion for a resolution
Recital I a (new)

Ia. whereas the horizontal reservation for a wide range of public services is not able to adequately protect public services, since, in some Member States, many services of general interest, in particular social services, health and education, are in part privately funded;

Amendment 98 #

Motion for a resolution
Recital I a (new)

Ia. whereas a reduction or cuts in public services and provisions usually shifts labour, costs and risks to the unpaid care and household economy, which is predominantly female and will consequently hinder gender equality;

Amendment 99 #

Motion for a resolution
Recital J

J. whereas citizens’ trust in EU’s trade policy is a must, which can only be restored by ensuring the highest level of transparency, by ~~maintain~~setting up a genuinge constant dialogue with civil society where input and concerns are really taken into account, and by setting clear guidelines in the negotiations;

source: 571.495

2015/11/12 TRAN 81 amendments...

Amendment 1 #

Draft opinion
Recital -A (new)

(-A) whereas the EU regulation of social, environmental and labour issues in the field of transport services cannot be subjected to downwards harmonisation and automatic mutual recognition under a trade in services agreement; whereas in this respect any agreement reached should thoroughly address the issues relating to social, labour and environmental standards;

Amendment 10 #

Daniel DALTON

Draft opinion
Paragraph 1 – point i a (new)

(ia) to ensure that negotiations are mindful of the rapidly evolving nature of the transport sector and the growing importance of collaborative economy transport modes in Europeans' everyday lives;

Amendment 11 #

Draft opinion
Paragraph 1 – point i a (new)

(ia) to integrate climate protection into maritime and air transport negotiations as well as integrate transport policy into climate targets and agreements;

Amendment 12 #

Karoline GRASWANDER-HAINZ, Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON, Claudia ȚAPARDEL, Miltiadis KYRKOS

Draft opinion
Paragraph 1 – point i a (new)

(ia) to bear in mind that the maritime sector, which is of particular importance for the EU, having a strategic role as regards security of the raw material supply chain, is now facing increasing competition from third countries;

Amendment 13 #

Draft opinion
Paragraph 1 – point i a (new)

(ia) to acknowledge the need for a more socially and environmentally sustainable and democratic approach to international trade agreements;

Amendment 14 #

Karoline GRASWANDER-HAINZ, Christine REVAULT D'ALLONNES BONNEFOY, Ismail ERTUG, Lucy ANDERSON, Claudia ȚAPARDEL, Miltiadis KYRKOS

Draft opinion
Paragraph 1 – point i b (new)

(ib) to stress the importance of the protection of workers, consumers and the environment as well as of universal access to public services particularly in the transport and delivery sector in the EU and its partner countries; to bear in mind that those regulations are not an economic burden, but essential rights; to underline that foreign service providers have to comply with EU and Member State social and labour legislation, as well as with collective agreements and with minimum wages; to stress that the destination country principle has to apply, however, this is without prejudice to more favourable provisions in legislation or collective agreements in the sending country; to acknowledge that the quality of services is intrinsically linked to the quality of employment and the regulatory frameworks in place, including collective agreements, labour rights and social legislation;

Amendment 15 #

Draft opinion
Paragraph 1 – point ii

~~(ii) to ensure that the negotiations address transport sectors in a meaningful way and in a spirit of reciprocity;~~deleted

Amendment 16 #

Draft opinion
Paragraph 1 – point ii

(ii) to ensure that the negotiations address transport sectors in a meaningful way and in a spirit of reciprocity; to ensure that the principle of non-discrimination is respected in the various transport sectors;

Amendment 17 #

Daniel DALTON

Draft opinion
Paragraph 1 – point ii

(ii) to ensure that the negotiations address transport sectors in an ambitious and meaningful way and in a spirit of reciprocity;

Amendment 18 #

Karoline GRASWANDER-HAINZ, Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON, Claudia ȚAPARDEL

Draft opinion
Paragraph 1 – point ii

(ii) to ensure that the negotiations address transport sectors in a meaningful way and in ~~a spirit of~~respect of coherent reciprocity;

Amendment 19 #

Draft opinion
Paragraph 1 – point ii

(ii) to ensure that the negotiations address transport and tourism sectors in a meaningful way and in a spirit of reciprocity; to keep in mind negative liberalisation experiences and to ensure the policy space to respond to negative developments in the transport sector, in the postal and courier sector; to ensure that European, national and local authorities retain the full right to introduce, adopt, maintain, repeal or extend any measures with regard to the commissioning, organisation, funding and provision of public transport; to exclude public services including public transport services comprehensively and unequivocally from the scope of the agreement;

Amendment 2 #

Draft opinion
Recital -A a (new)

(-Aa) in view of the importance in the EU of services of general economic interest and public services in the transport sector, and of the public service obligations intended to support and unify a territory and make it accessible to the population;

Amendment 20 #

Fabio DE MASI, Curzio MALTESE, Tania GONZÁLEZ PEÑAS, Merja KYLLÖNEN

Draft opinion
Paragraph 1 – point ii

(ii) to ensure that the negotiations address ~~transport~~all sectors, in ~~a meaningful way and~~cluding the transport sector, in a spirit of total reciprocity; to request all parties to make public their proposals;

Amendment 21 #

Draft opinion
Paragraph 1 – point ii

(ii) to ensure that the negotiations ~~address~~will protect transport sectors in a meaningful way and in a spirit of reciprocity;

Amendment 22 #

Draft opinion
Paragraph 1 – point ii a (new)

(iia) to guarantee that any negotiations based on a negative list system exclude transport services, as a general public good, from liberalisation obligations;

Amendment 23 #

Fabio DE MASI, Curzio MALTESE, Tania GONZÁLEZ PEÑAS, Merja KYLLÖNEN

Draft opinion
Paragraph 1 – point ii a (new)

(iia) to ensure that substantial protection is guaranteed for working and environmental standards, while combating all forms of social dumping;

Amendment 24 #

Draft opinion
Paragraph 1 – point ii a (new)

(iia) to stress the importance of the protection of workers, consumers and the environment as well as of universal access to public services particularly in the transport and delivery sector in the EU and its partner countries;

Amendment 25 #

Fabio DE MASI, Curzio MALTESE, Tania GONZÁLEZ PEÑAS, Merja KYLLÖNEN

Draft opinion
Paragraph 1 – point ii a (new)

(iia) to require the stakeholders to ensure that no multinational company can bring proceedings against a State before a supranational court for having supported its publicly- or privately-run services, including transport services, in the face of foreign competition;

Amendment 26 #

Draft opinion
Paragraph 1 – point ii b (new)

(iib) to bear in mind negative liberalisation experiences such as detrimental effects on the quality of services, working conditions and transport safety and security;

Amendment 27 #

Fabio DE MASI, Curzio MALTESE, Tania GONZÁLEZ PEÑAS, Merja KYLLÖNEN

Draft opinion
Paragraph 1 – point ii b (new)

(iib) to request the immediate withdrawal of the standstill clauses and ratchet clauses;

Amendment 28 #

Draft opinion
Paragraph 1 – point ii c (new)

(iic) to stress that all service providers - foreign and domestic - have to comply with EU and Member State social and labour legislation, as well as with collective agreements and with minimum wages; to stress that the destination country principle has to apply; however, this is without prejudice to more favourable provisions in legislation or collective agreements in the sending country;

Amendment 29 #

Draft opinion
Paragraph 1 – point iii

Amendment 3 #

Draft opinion
Paragraph 1 – point -i (new)

(-i) to call on the Member States to consult their publics, by way of a referendum, on whether to or nor to continue these negotiations;

Amendment 30 #

Draft opinion
Paragraph 1 – point iii

Amendment 31 #

Daniel DALTON

Draft opinion
Paragraph 1 – point iii

Amendment 32 #

Karoline GRASWANDER-HAINZ, Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON, Claudia ȚAPARDEL

Draft opinion
Paragraph 1 – point iii

(iii) to promote negotiations on regulation that address issues such as transparency~~, deadlines, due proces~~ and immediate insight into negotiation documents, deadlines, due process, fair competition, passenger rights, non- discrimination and redress, while continuing to require that foreign companies wishing to offer transport or delivery services within the European Union comply with existing regulatory standards;

Amendment 33 #

Draft opinion
Paragraph 1 – point iii

(iii) to ~~promote negotiations on regulation that address issues such as transparency, deadlines, due process, non- discrimi~~show strong concerns in regard to the planned "enhanced regulatory disciplines" and domestic regulation provisions of the agreement; to reject the introduction of necessity tests for domestic regulation; in any case the agreement has to fully preserve the capacity of municipal, regional, national and ~~redress, while continuing to require that foreign companies wishing to offer transport or del~~European authorities to maintain, apply and extend regulations in the public interest such as high standards for the protection of labour, environmental and consumer interests as well as univerysal service~~s within the European Union comply with existing regulatory standards~~ obligations; to ensure that these standards cannot be deemed as unnecessary burdens to trade;

Amendment 34 #

Fabio DE MASI, Curzio MALTESE, Tania GONZÁLEZ PEÑAS

Draft opinion
Paragraph 1 – point iii

(iii) to promote negotiations on regulation that address issues such as transparency, deadlines, due process, non- discrimination and redress, while continuing to require that foreign companies wishing to offer transport or delivery services within the European Union comply with existing regulatory standardsstress that foreign companies wishing to offer transport or delivery services within the European Union comply with existing regulatory standards; to ensure that European, national and local authorities retain the full right to introduce, adopt, maintain, repeal or extend any measures with regard to the commissioning, organisation, funding and provision of public transport; to ensure that public procurement will not be further liberalised;

Amendment 35 #

Pavel TELIČKA, Gesine MEISSNER

Draft opinion
Paragraph 1 – point iii

Amendment 36 #

Draft opinion
Paragraph 1 – point iii

(iii) to promote negotiations on regulation that address issues such as transparency, deadlines, due process, unnecessary burdens, non-discrimination and redress, while continuing to require that foreign companies wishing to offer transport or delivery services within the European Union comply with existing regulatory standards;

Amendment 37 #

Draft opinion
Paragraph 1 – point iii a (new)

(iiia) to respect EU standards and rules in the fields of safety, social and environmental legislation and safeguard the quality of (public) services;

Amendment 38 #

Draft opinion
Paragraph 1 – point iii a (new)

(iiia) to ensure that, during the negotiations, uniform standards are considered and adopted regarding the safety of passengers and cargo and the professional competence of maritime transport services providers, especially where third countries are involved;

Amendment 39 #

Draft opinion
Paragraph 1 – point iii a (new)

(iiia) to exclude from the application of TiSA all services relating to public transport and postal services, where the latter are public;

Amendment 4 #

Fabio DE MASI, Curzio MALTESE, Tania GONZÁLEZ PEÑAS, Merja KYLLÖNEN

Draft opinion
Paragraph 1 – point -i a (new)

(-ia) to take public note of Uruguay’s withdrawal from negotiations in September 2015, and of the decision of the city of Geneva – where most of the negotiations are being held – to declare itself a 'TISA-free zone'; to take account of the legitimate concerns that the future Trade in Services Agreement is arousing among the populations of the countries participating in the negotiations;

Amendment 40 #

Draft opinion
Paragraph 1 – point iii a (new)

(iiia) to stress the importance of excluding all sovereign tasks (e.g. maritime pilots) from the agreement; to exclude public services including public transport services comprehensively and unequivocally from the scope of the agreement;

Amendment 41 #

Draft opinion
Paragraph 1 – point iii b (new)

(iiib) to oppose any proposal to make fees for the use of infrastructure proportional to the effective costs involved if this does not take into account environmental externalities or other important regulatory issues;

Amendment 42 #

Draft opinion
Paragraph 1 – point iv

(iv) to pursue, as a long-term objective, binding international trade rules for the aviation sector and, in the event that important trade partners are reluctant to make substantial progress, to explore other options for ensuring that European carriers face fair competitive conditions;deleted

Amendment 43 #

Fabio DE MASI, Curzio MALTESE, Tania GONZÁLEZ PEÑAS

Draft opinion
Paragraph 1 – point iv

(iv) to ~~pursue, as a long-term objective, binding international trade rules for the aviation sector and, in the event that important trade partners are reluctant to make substa~~explore options for ensuring that European carriers face fair competitive conditions, whilst recognising the fundamential ~~progress, to explore other options for ensuring that European carriers face fair competitive condi~~responsibility of ICAO for economic and safety regulation in aviations;

Amendment 44 #

Draft opinion
Paragraph 1 – point iv

(iv) to pursue, as a long-term objective, ~~binding international trade rules for the aviation sector and, in the event that important trade partners are reluctant to make substantial progress, to explore other options for~~that the ICAO and its rules stays the responsible binding body for aviation despite international trade rules for the aviation sector; to ensur~~ing~~e that European carriers face fair competitive conditions; to reject any further liberalisation of ground handling services;

Amendment 45 #

Karoline GRASWANDER-HAINZ, Christine REVAULT D'ALLONNES BONNEFOY, Claudia ȚAPARDEL, Miltiadis KYRKOS

Draft opinion
Paragraph 1 – point iv

(iv) to address restrictions in the aviation sector regarding foreign ownership and control of airlines as well as cabotage rights imposed by certain countries; to pursue, as a long-term objective, binding international trade rules for the aviation sector and, in the event that important trade partners are reluctant to make substantial progress, to explore other options for ensuring that European carriers face fair competitive conditions;

Amendment 46 #

Karoline GRASWANDER-HAINZ, Christine REVAULT D'ALLONNES BONNEFOY, Ismail ERTUG

Draft opinion
Paragraph 1 – point iv a (new)

(iva) to take into consideration Parliament’s concern regarding the adoption of TiSA, which could seriously undermine the EU’s expectations and the safeguard measures relating to the protection of its citizens’ data and their transfer to third countries;

Amendment 47 #

Draft opinion
Paragraph 1 – point iv a (new)

(iva) to recall that the proposal on groundhandling services at Union airports has been withdrawn by the Commission; to ensure, in this context, that commitments in TISA on ancillary services do not undermine current EU legislation on ground handling services regarding the degree of liberalisation;

Amendment 48 #

Draft opinion
Paragraph 1 – point iv a (new)

(iva) to take into account those aspects of operational security intrinsic to transport services, and particularly air transport, which ensure the safe operation of such services;

Amendment 49 #

Draft opinion
Paragraph 1 – point v

Amendment 5 #

Draft opinion
Paragraph 1 – point i

(i) to keep in mind the importance of transport and delivery services for the European economy and employment given that European ship owners control 40% of the world’s merchant fleet, that the aviation industry supports over 5 million jobs and that the European rail industry accounts for over half of the worldwide production of rail equipment and services; to consider the tangible opportunities that transport services might create to reduce the level of unemployment in Europe;

Amendment 50 #

Fabio DE MASI, Curzio MALTESE, Tania GONZÁLEZ PEÑAS

Draft opinion
Paragraph 1 – point v

(v) to recall the crucial role maritime transport plays in the world economy, both as an industry in itself and as a facilitator for international trade; to ~~promote a clear text with strong commitments on ensuring access to ports, as well as market access and nation~~recognise that the success of the maritime sector depends on the safety and security of its workforce; to promote a clear text with strong commitments on ensuring the application of minimum labour standards and fair and equal treatment for ~~international~~ maritime transport services;

Amendment 51 #

Draft opinion
Paragraph 1 – point v

(v) to recall the crucial role maritime transport plays in the world economy, both as an industry in itself and as a facilitator for international trade; to promote a clear text with ~~strong commitments on ensuring access to ports, as well as market access and national treatment for international maritime transport s~~only positive list approaches on market access and national treatment; to ensure the application of all respective ILO Standards like the Maritime Labour Convention and other Conventions relevant to logistics and transport; to ensure the superiority of domestic cabotage arrangements (e.g. the North- Amervicean Jones Act) over free trade agreements;

Amendment 52 #

Draft opinion
Paragraph 1 – point v a (new)

(va) to stress that any provisions concerned with increasing access to third- country markets must not undermine existing labour standards or the security of the work force in third countries;

Amendment 53 #

Draft opinion
Paragraph 1 – point v a (new)

(va) to ensure the right of governments to organise and regulate the supply of services in the transport sector, taking into account social and environmental criteria as well as the public interest;

Amendment 54 #

Draft opinion
Paragraph 1 – point v a (new)

(va) to ensure a level playing field in the maritime transport sector, in which account must be taken of higher environmental and safety performance standards;

Amendment 55 #

Draft opinion
Paragraph 1 – point v b (new)

(vb) to remember that in the transport sector it is of vital importance to respect those aspects relating to safety and social welfare that could be affected by the provision of services by operators from third countries who are unqualified and inadequate compared to EU standards;

Amendment 56 #

Draft opinion
Paragraph 1 – point v c (new)

(vc) to exclude completely from the agreement all public services, whether they be publicly or privately funded, and to include a protection clause (‘gold standard clause’) for these services in order to safeguard their quality;

Amendment 57 #

Draft opinion
Paragraph 1 – point v d (new)

(vd) to ensure compliance with the principle of reciprocity between the markets of different countries, which should be based on protecting safety standards, the public interest, social welfare and labour;

Amendment 58 #

Draft opinion
Paragraph 1 – point vi

Amendment 59 #

Draft opinion
Paragraph 1 – point vi

Amendment 6 #

Harald VILIMSKY

Draft opinion
Paragraph 1 – point i

(i) ~~to keep in mind the importance~~Welcomes the fact that the recommendation to the Commission ofn transport and delivery services for the European economy and employment given that European ship owners control 40% of the world’s merchant fleet, that the aviation industry supports over 5 million jobs and that the European rail industry ache negotiations for the Trade in Services Agreement was rejected when the vote was taken in the Committee on the Internal Market and Consumer Protection; observes therefore that the Committee on the Internal Market and Consumer Protection is not making any recommendation on this count~~s for over half of the worldwide production of rail equipment and services~~roversial agreement because of insuperable substantive differences of opinion;

Amendment 60 #

Draft opinion
Paragraph 1 – point vi

Amendment 61 #

Draft opinion
Paragraph 1 – point vi

Amendment 62 #

Fabio DE MASI, Curzio MALTESE, Tania GONZÁLEZ PEÑAS, Merja KYLLÖNEN

Draft opinion
Paragraph 1 – point vi

(vi) to seize this opportunity to embed current legislation and practices for maritime transport in a legally-binding international text that will prevent future protectionist rules being introduced by the parties; to keep Parliament constantly informed of developments in the drafting of any relevant Commission legislative proposal;

Amendment 63 #

Draft opinion
Paragraph 1 – point vi

(vi) to seize this opportunity to embed current legislation and practices for maritime transport in a ~~legally-binding~~n international text that will ~~prevent future protectionist rules being introduced by the p~~foster discussions in the International Mariti~~es;~~me Organisation

Amendment 64 #

Andor DELI

Draft opinion
Paragraph 1 – point vi a (new)

(via) to preserve Member States' rights regarding existing or future national regulations and bilateral or multilateral road transport agreements including transit permit requirements;

Amendment 65 #

Gesine MEISSNER, Pavel TELIČKA

Draft opinion
Paragraph 1 – point vi a (new)

(via) to address and remove current restrictions on maritime transport services and to strive for reciprocity as EU companies are very often hindered to access certain market segments abroad that in contrast are open in the EU for foreign companies, for instance in the short sea and cabotage sector;

Amendment 66 #

Karoline GRASWANDER-HAINZ, Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON, Claudia ȚAPARDEL, Miltiadis KYRKOS

Draft opinion
Paragraph 1 – point vi a (new)

(via) to seek, as a long term goal, higher transport service quality and safety standards, while reducing transport times, thereby encouraging performance and innovation in this area;

Amendment 67 #

Draft opinion
Paragraph 1 – point vi a (new)

(via) to stress that the annex on maritime transport should set only minimum standards and that parties are encouraged to adopt higher standards at their respective regulatory discretion; to ensure consistency with international standards, such as those endorsed by the International Maritime Organisation and the International Civil Aviation Organisation, and to oppose any lowering of these international benchmarks; to ensure the application of all respective ILO Standards like the Maritime Labour Convention and other Conventions relevant to logistics and transport;

Amendment 68 #

Karoline GRASWANDER-HAINZ, Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON

Draft opinion
Paragraph 1 – point vi b (new)

(vib) to oppose any market access commitments with regard to road transport, in particular with respect to Mode 4, as they could lead to the movement of workers across borders without any employment protection and to the undercutting of superior labour legislation in host countries;

Amendment 69 #

Draft opinion
Paragraph 1 – point vii

(vii) to promote increased access to third- country markets for delivery services while not jeopardising the existence of universal postal services in view of the contribution they make to social, economic and territorial cohesion.deleted

Amendment 7 #

Draft opinion
Paragraph 1 – point i

(i) to keep in mind the importance of transport, tourism and delivery services for the European economy and employment given that European ship owners control 40% of the world’s merchant fleet, that the aviation industry supports over 5 million jobs and that the European rail industry accounts for over half of the worldwide production of rail equipment and services;

Amendment 70 #

Karoline GRASWANDER-HAINZ, Christine REVAULT D'ALLONNES BONNEFOY, Claudia ȚAPARDEL

Draft opinion
Paragraph 1 – point vii

(vii) to ~~promote~~ensure that increased access to third- country markets for delivery services ~~while~~does not jeopardis~~ing the existence of universal postal services in view of the contribution they make to~~e universal service obligations in the postal sector; to recognise the vital role of universal postal services in promoting social, economic and territorial cohesion.

Amendment 71 #

Draft opinion
Paragraph 1 – point vii

(vii) to p~~romote increased access to third- country markets for delivery services while not jeopardising the existence of universal postal services~~articularly stress the importance of the postal sector and the transport sector in view of the contribution they make to social, economic and territorial cohesion and to strengthen universal services.

Amendment 72 #

Fabio DE MASI, Curzio MALTESE, Tania GONZÁLEZ PEÑAS, Merja KYLLÖNEN

Draft opinion
Paragraph 1 – point vii

(vii) to ~~promote increased access to third- country markets for delivery services while not jeopardising the existe~~stress the importance of universal postal services in view of the contribution they make to social, economic and territorial cohesion.

Amendment 73 #

Draft opinion
Paragraph 1 – point vii a (new)

(viia) to ensure, by means of a safeguard clause based on a clear and unambiguous definition of prudential measures, the full right of Member States to adopt restrictive measures which run counter to TiSA when there is a need to protect the public and consumer interest, financial stability, monitoring efficiency and the minimisation of social costs;

Amendment 74 #

Draft opinion
Paragraph 1 – point vii a (new)

(viia) to oppose any additional market access in the transport sector leading to an expansion of its size, until the climate cost of international transport is internalised in its price;

Amendment 75 #

Draft opinion
Paragraph 1 – point vii a (new)

(viia) to take into account the importance of services of general interest in the transport sector and public service obligations, as well as the contribution this sector makes to social and territorial cohesion.

Amendment 76 #

Draft opinion
Paragraph 1 – point vii b (new)

(viib) to note that standstill and ratchet are proposed to apply to national treatment in a hybrid list; to acknowledge that under national treatment there are important regulatory measures that could require revision if deemed necessary by regulators; to negotiate on the basis of a positive list and drop standstill and ratchet clauses;

Amendment 77 #

Draft opinion
Paragraph 1 – point vii b (new)

(viib) to strengthen the provisions on passenger rights in relation to all means of transport so that the Agreement also benefits consumers.

Amendment 78 #

Draft opinion
Paragraph 1 – point vii c (new)

(viic) to introduce an unequivocal 'gold standard' clause explicitly based on the principle laid down in article 14 TFEU and protocol 26 and including a reference to the specific regulatory regimes public services are subject to, the social purpose they pursue, the function they play in society and the specific obligations imposed on service providers in the public interest, which should be included in all trade agreements and would replace the public utilities clause and apply to all modes of supply and any services considered as public services by European, national and regional authorities;

Amendment 79 #

Draft opinion
Paragraph 1 a (new)

1a. Regrets the lack of transparency which has hitherto been evident and the fact that Parliament did not have the opportunity to express its own position before the Council adopted its negotiating mandate;

Amendment 8 #

Claudia ȚAPARDEL

Draft opinion
Paragraph 1 – point i

Amendment 80 #

Draft opinion
Paragraph 1 b (new)

1b. Calls for all Members of the European Parliament to receive the documentation concerning the TiSA negotiation and calls for all negotiating texts to be made public;

Amendment 81 #

Draft opinion
Paragraph 1 c (new)

1c. Calls for withdrawal from the TiSA negotiations if Parliament’s recommendations are not respected;

Amendment 9 #

Andor DELI

Draft opinion
Paragraph 1 – point i

(i) to keep in mind the importance of transport and delivery services for the European economy and employment given that European ship owners control 40% of the world’s merchant fleet, that the aviation industry supports over 5 million jobs and that the European rail industry accounts for over half of the worldwide production of rail equipment and services, and that road transport still maintains its relevancy within the context of EU logistics;

source: 571.700

2015/11/13 DEVE 69 amendments...

Amendment 1 #

Draft opinion
Paragraph 1

1. Stresses that EU trade and investment policies are interlinked with EU development policies and have an impact on developing countries; calls for the Commission to respect the principle of Policy Coherence for Development in all trade negotiations; stresses th~~e need to focus on the effective implementation and monitoring of the sustainable development chapters in trade agreements, in line with the Sustainable Development Goal~~at TiSA should incorporate the principles of Aid for Trade strategy; emphasises that the economic prosperity of the EU cannot be detrimental to that of other countries, particularly to the social and economic condition of developing countries;

Amendment 10 #

Draft opinion
Paragraph 1 c (new)

1c. Regrets that only a limited number of developing countries participates in the TiSA negotiations; urges the Commission and the parties currently involved to encourage more developing countries to participate;

Amendment 11 #

Draft opinion
Paragraph 1 d (new)

1d. Emphasises that a lack of financial services or insufficient competition on financial markets leads to sometimes horrendous interest rates on private credits in many underdeveloped regions of the world; notes that this is an important impediment to investment and economic growth since functioning financial markets that provide financing for investment projects are vital for growth; stresses in this regard that opening developing countries to financial services provided by foreign financial institutions can play a key role in supporting developing countries to progress; stresses further that as a precondition for this the legal and regulatory environment of developing countries must meet the minimum standards of advanced economies and must in particular facilitate the use of collateral; asks developing countries to commit in the TiSA agreement to reforms deemed necessary to meet these standards;

Amendment 12 #

Davor Ivo STIER, Maurice PONGA, Bogdan Brunon WENTA

Draft opinion
Paragraph 1 e (new)

1e. Stresses that service exports for instance in telecommunication, in R&D activities or in software design and other IT-related services have greatly benefited a number of developing countries in recent years; emphasises that there is likely a large potential for similar benefits for many other developing countries and that this can be fostered by participating in trade agreements such as TiSA;

Amendment 13 #

Draft opinion
Paragraph 2

2. ~~Urges~~Welcomes significant efforts made by the Commission to increase transparency and democratic accountability on the Trade in Services Agreement (TiSA) negotiation process~~, and on all trade policies, by duly taking into account concerns express~~; recognises that the level of openness in TiSA negotiations is indeed unprecedented byin trade unegotiations and c~~ivil society organisations, including the CSOs of developing countr~~ommends the EU institutions for continuous engagement with a wide range of stakeholders throughout the process; encourages the Commission to continue and possibly enhance this proactive approach to transparency in EU's trade policies;

Amendment 14 #

Draft opinion
Paragraph 2

2. Urges the Commission to increase transparency and democratic accountability on the Trade in Services Agreement (TiSA) negotiation process,; urges critics of TiSA and o~~n all~~ther trade ~~policies, by duly taking into account concerns expressed by trade unions and civil society organisations, including the CSOs of developing countries~~agreements to publicly acknowledge that the Commission has as of late made considerable efforts to this end and that transparency and information provided by the Commission are much greater than commonly thought;

Amendment 15 #

Draft opinion
Paragraph 2

2. ~~Urges~~Welcomes the present efforts of the EU to increase transparency of its trade agreements; urges, however, the Commission to increase transparency and democratic accountability on the Trade in Services Agreement (TiSA) negotiation process~~, and on all trade policies,~~ by duly taking into account concerns expressed by trade unions and civil society organisations, including the CSOs of developing countries;

Amendment 16 #

Draft opinion
Paragraph 2

2. Urges the Commission to increase transparency and democratic accountability on the Trade in Services Agreement (TiSA) negotiation process, and on all trade policies, by duly taking into account concerns expressed by trade unions and civil society organisations, including the CSOs of developing countries; urges the Commission to increase accessibility to all consolidated negotiation documents, as the only democratic possibility for civil society and citizens concerned to be informed and involved into the process; request the Commission to commission an independent study of TiSA's impact on developing countries from the Sustainable Development Goals perspective to effectively assess the impact TiSA would have in third countries;

Amendment 17 #

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 2

Amendment 18 #

Draft opinion
Paragraph 2

Amendment 19 #

Draft opinion
Paragraph 2

2. Urges the Commission to increase transparency and democratic accountability on the Trade in Services Agreement (TiSA) negotiation process, and on all trade policies, by duly taking into account concerns expressed by trade unions and civil society organisations, including the CSOs of developing countries; calls on the Commission to keep Parliament continuously briefed on developments in the negotiations and to seek its opinions, thereby enabling it to state its position in increasingly clear-cut terms on matters under negotiation;

Amendment 2 #

Draft opinion
Paragraph 1

1. Stresses that EU trade and investment policies are interlinked with EU development policies and have an impact on developing countries; calls for the Commission to respect the principle of Policy Coherence for Development in all trade negotiations; stresses the need to focus on the effective implementation and monitoring of the sustainable development chapters in trade agreements, in line with the Sustainable Development Goals; calls the Commission to guarantee in all trade agreements the highest global standards on human rights, ILO standards, social protection, social dialogue, gender equality, public and universal health coverage, universal access to medicines, and food security;

Amendment 20 #

Draft opinion
Paragraph 2 a (new)

2a. Takes the view that TiSA poses a challenge to the achievement of SDGs, which aims among others to revitalize the global partnership for sustainable development; deems that this objective can only be achieved if developing countries have an equal decision making role in global economic and financial institutions to ensure that their interests are fully reflected; believes that the negotiation of TiSA outside the Doha process is all the more damaging for developing countries and the multilateral trading system that Global value chains (GVCs), which makes investment, services and IPRs more and more interlinked, have become a dominant feature of world trade;

Amendment 21 #

Draft opinion
Paragraph 2 b (new)

2b. Recalls that the 2008 financial systemic crisis demonstrated the need to define strong prudential regulations on liberalisation of financial services to maintain the soundness and stability of the financial markets; deems in this context that further liberalisation of financial services through TiSA risks to increase global economic instability, thereby affecting equally developing countries' economy;

Amendment 22 #

Draft opinion
Paragraph 2 c (new)

2c. Notes with concern that TiSA risks to threaten the right to food by encouraging privatisation of water supply and distribution, whose impact could be particularly detrimental in developing countries, where 80% of fresh water is dedicated to agricultural sector; underlines equally that, in a context where agriculture has become more volatile and is increasingly dependent on international financial circuits, TiSA could encourage food speculation, by restricting government's scope and capacity for financial regulation; deems that any efforts to curb speculation and limit volatility in commodity markets, including food, should in no circumstances be designated "barriers to trade in services", while water and sanitation services should be immediately excluded from the scope of negotiations;

Amendment 23 #

Davor Ivo STIER, Maurice PONGA, Bogdan Brunon WENTA

Draft opinion
Paragraph 3

Amendment 24 #

Draft opinion
Paragraph 3

3. Rejects TiSA and other macro-trade agreements on the basis that they are a tool to bypass multilateral and democratic fora in which developing countries are properly represented in order to set global standards; recalls that TiSA, contrary to the General Agreement on Trade in Services (GATS), does not currently have special and differential treatment provisions; urges the Commission to immediately propose such a clause based on GATS Article IVWelcomes TiSA, the biggest free trade agreement currently under negotiation, as it will unlock substantial economic potential, depending on the level of liberalization achieved; reminds that TiSA is designed to boost liberalization of the global services sector, beyond the current GATS provisions which are outdated in the new digital era; recalls that TiSA is meant to advance the stalled multilateral negotiations of the Doha Development Agenda (DDA) with those countries that are willing to continue negotiations on trade in services; remains strongly committed to a multilateral solution and in this regards considers TiSA negotiations as a stepping-stone towards renewed ambitions at WTO level;

Amendment 25 #

Draft opinion
Paragraph 3

3. ~~Rejec~~Supports TiSA and other ~~macro-~~trade agreements on the basis that they are a tool to bypass multilateral and democratic fora in which developing countries are properly represented in order to set global standards; recalls that TiSA, contrary to the General Agreement on Trade in Services (GATS), does not currently have special and differential treatment provisions; urges the Commission to immediately propose such a clause based on GATS Article IVwith developing countries on the grounds that these benefit participating developing countries by increasing competition and reducing transaction costs;

Amendment 26 #

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU

Draft opinion
Paragraph 3

Amendment 27 #

Draft opinion
Paragraph 3

3. Rejects TiSA and other macro-trade agreements on the basis that they are a tool to bypass multilateral and democratic fora in which developing countries are properly represented in order to set global standards; recalls that TiSA, contrary to the General Agreement on Trade in Services (GATS), does not currently have special and differential treatment provisions; urges the Commission to immediately propose such a clause based on GATS Article IV; believes that the multilateralization of TiSA is an unrealistic prospect and is therefore concerned that TiSA will undermine the multilateral framework for negotiations, thereby fully excluding developing countries; Reminds that standstill and ratchet clauses prevent countries from adopting more restrictive regulation or reintroducing monopolies; Considers this particularly problematic for developing countries whose public services may still be at an infant stage; Urges the Commission to step up efforts to advance in democratic multilateral fora, following UNCTAD comprehensive Investment Policy Framework for Sustainable Development and to position itself as the defender of the interest of developing countries;

Amendment 28 #

Davor Ivo STIER, Maurice PONGA, Bogdan Brunon WENTA

Draft opinion
Paragraph 3 a (new)

3a. Recognises that full TiSA benefits will remain limited to TiSA parties but believes that developing countries should be able to eventually join the agreement; encourages the EU negotiators to promote the grant of access to TiSA talks to interested parties, conditional on their acceptance of agreed rules and ambitions; believes that this will facilitate more parties joining the agreement and forming a critical mass needed for the multilarisation of TiSA under the WTO;

Amendment 29 #

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU

Draft opinion
Paragraph 3 a (new)

3a. Points out that in a globalised economy, services are playing an increasingly important role and that they are a key sector for investment, innovation, and job creation, making them an essential element of economic growth in developing countries;

Amendment 3 #

Draft opinion
Paragraph 1

1. Stresses that EU trade and investment policies are interlinked with EU development policies and have an impact on developing countries; calls for the Commission to respect the principle of Policy Coherence for Development in all trade negotiations; stresses the need to focus on the effective implementation and monitoring of the sustainable development chapters in trade agreements, in line with the Sustainable Development Goals; calls the Commission to guarantee in all trade agreements the highest global standards on human rights, ILO standards, social protection, social dialogue, gender equality, public and universal health coverage, universal access to medicines, and food security;

Amendment 30 #

Draft opinion
Paragraph 3 b (new)

3b. Maintains that if developing countries have access to world markets in services, this will consolidate their economic integration and their adjustment to globalisation; calls on the EU to make every effort to encourage them to participate in the negotiations on the Trade in Services Agreement (TiSA);

Amendment 31 #

Draft opinion
Paragraph 3 c (new)

3c. Notes that TiSA is based on the WTO General Agreement on Trade in Services (GATS), in which all members of the WTO are participants; calls on the EU to take advantage of TiSA to reactivate the discussions on services in the Doha Development Round while safeguarding the provisions on special and differentiated treatment under GATS Article IV;

Amendment 32 #

Draft opinion
Paragraph 4

~~4. Recalls TiSA’s risks of increasing asymmetric international trade relations between countries;~~deleted

Amendment 33 #

Davor Ivo STIER, Maurice PONGA, Bogdan Brunon WENTA

Draft opinion
Paragraph 4

4. ~~Rec~~Calls ~~TiSA’s risks of increasing asymmetric international trade relations between countries~~on the Commission to take into account the impact of TiSA on countries that are not part of the agreement, especially developing countries; stresses that to mitigate any potentially negative effects, the EU should intensify its actions to include developing countries into global value chains in services, and to consider a more flexible approach for developing countries when subscribing to the level of ambition of the agreement;

Amendment 34 #

Draft opinion
Paragraph 4

4. ~~Recalls TiSA’s risks of increasing asymmetric international trade relations between~~Acknowledges that TiSA benefits both developed and developing countries as it will produce global gains; reminds that services make 40-70 percent of productivity output and employment in developing countries;

Amendment 35 #

Draft opinion
Paragraph 4

4. RFears that the negotiation of TiSA outside the Doha process will further undermine efforts to conclude a trade round for Development, where developing countries' priorities, such as distortions in trade in agricultural products, will be fully reflected; recalls TiSA’'s risks of increasing asymmetric international trade relations between countries; ask the Commission to respect developing countries governments and parliament's policy space on investment regulations in order to ensure obligations and duties on all investors, including foreign, so that human rights, labour and environmental standards are respected;

Amendment 36 #

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 4

4. Recalls TiSA’s risks of increasing asymmetric international trade relations between countries; ask the Commission to respect developing countries governments and parliament's policy space on investment regulations in order to ensure obligations and duties on all investors, including foreign, so that human rights, labour and environmental standards are respected;

Amendment 37 #

Draft opinion
Paragraph 4

Amendment 38 #

Draft opinion
Paragraph 4

4. ~~Rec~~Calls ~~TiSA’s risks of~~on the EU to prevent TiSA from increasing asymmetric international trade relations between participating and non- participating countries;

Amendment 39 #

Davor Ivo STIER, Maurice PONGA, Bogdan Brunon WENTA

Draft opinion
Paragraph 4

4. Recalls TiSA’s risks of increasing asymmetric international trade relations between countries; hopes, therefore, that possible asymmetry of this kind can be accurately gauged in later negotiations and, wherever possible, discouraged;

Amendment 4 #

Draft opinion
Paragraph 1

1. Stresses that EU trade and investment policies are interlinked with EU development policies and have an impact on developing countries; calls for the Commission to respect the principle of Policy Coherence for Development in all trade negotiations; stresses the need to ~~focus on the effective implementation and monitoring of the s~~reflect the recently adopted Sustainable dDevelopment ~~chapters in trade agreements, in line with the Sustainable Development Goals~~Goals into EU's trade policy;

Amendment 40 #

Davor Ivo STIER, Maurice PONGA, Bogdan Brunon WENTA

Draft opinion
Paragraph 4 a (new)

4a. Recognizes that some developing countries face internal constraints such as lack of productive capacity, poor infrastructure, poor trade diversification, excessive red tape and difficulties to meet technical standards in high value export markets; in this regards, encourages the EU and its Member States to remain world's leading providers of Aid for Trade, a tool that can assist developing countries willing to join TiSA to take advantage of opportunities created by liberalization of trade in services through facilitating trade reforms, improving the business environment, supporting regional integration and providing opportunities to integrate into global value chains;

Amendment 41 #

Draft opinion
Paragraph 4 a (new)

4a. Points out that according to the UNCTAD, the service sector constitutes approximatively 51% of GDP in developing countries; notes also that service exports from African countries are increasing; in this context, takes the view that the perspective of a plurilateral and preferential agreement risks creating trade diversion and trade erosion at the expense of developing countries;

Amendment 42 #

Davor Ivo STIER, Maurice PONGA, Bogdan Brunon WENTA

Draft opinion
Paragraph 4 b (new)

4b. Recalls that SDG target 17.15 acknowledges the need to respect each country's policy space and leadership to establish and implement policies for poverty eradication and sustainable development; but notes that TiSA undermines the right of countries to regulate i.a. by the intention to submit Domestic Regulation to a necessity test; notes equally that the combination of a ratchet and standstill clause which applies to national treatment in a hybrid list will make it impossible to reverse the level of liberalisation in the public interest; hence, deems it crucial to negotiate on the basis of a positive list only and to drop standstill and ratchet clauses; more broadly, warns against turning TiSA into new global standards as these provisions would i.e. be particularly damaging for developing countries, whose priorities are to develop service sector, including services of general economic interests, and strong regulatory framework;

Amendment 43 #

Draft opinion
Paragraph 5

5. Re~~jects TiSA and other macro-trade deals,~~ minds that public services are important elements for sustakin~~g the view that they are a tool for the privatisation of public services and liberalisation of public procurement, such public services and public procu~~able development and for ensuring respect for people’s dignity; in this context, expresses the position that TiSA should exclude public services and cultural services from the scope of negotiations, while seeking further opening of markets in telecommunications, transport and professional services; reminds that TiSA, as any other international agreement ~~being key elements for sustainable development and for ensuring respect for people’s dignity; asks th~~, must be compliant to internationally agreed standards on labour, the environment and human rights and that it must be ensured that its provisions allow all parties to the agreement to ensure Ccommission to respect the policy space of developing countries’ governments and parliaments to take decisions in order to ensure internationally agreed standards on labour, the environment and human rightpliance through national legislation; emphasizes that all parties to TiSA must retain the right to maintain and apply their labour and social regulations, as well as their legislation on entry and temporary stay; in this regards insists on opposing any provisions regarding visas and other entry procedures except those aimed at increasing transparency and streamlining administrative procedures;

Amendment 44 #

Draft opinion
Paragraph 5

5. Rejects TiSA and other macro-trade deals, taking the view that they are a tool for the privatisation of public services and liberalisation of public procurement, such public services and public procurement being key elements for sustainable development and for ensuring respect fCalls on the Commission to explicitly exclude public services from TiSA, regardless of how the services are funded, organised or ope~~ople’s dignity; ask~~rated; invites the Commission to ~~respect the policy space of developing countries’ governments and parliaments to take decisions in order to ensure internationally agreed standards on labour, the environment and human right~~support and monitor the capacity-building of developing countries in providing sustainable and efficient public services;

Amendment 45 #

Draft opinion
Paragraph 5

5. Rejects TiSA and other macro-trade deals, taking the view that they are a tool for the privatisation of public services and liberalisation of public procurement, such public services and public procurement being key elementsPoints to the benefits of economic liberalisation in the development of the private sector, a key factor for sustainable development; a~~nd for ensuring respect for people’s dignity; asks the Commission~~sks the Commission to ensure that TiSA does not serve to isolate developing countries or to cement instances of unfair competition adversely affecting them; maintains that TiSA must seek in particular to respect the policy space of developing countries’ governments and parliaments to take decisions in order to ensure internationally agreed standards on labour, the environment and human rights;

Amendment 46 #

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 5

5. ~~Rejec~~Supports TiSA and other ~~macro-trade deal~~trade agreements with developing countries, taking the view that they are a tool for the privatisation of public services and liberalisation of public procurement, such public services and public procurement being key elements for sustainable development and for ensuring respect for people’s dignityliberalisation which will lead to higher competition, innovation, lower costs for consumers, more jobs and thus higher welfare in participating developing countries; asks the Commission to respect the policy space of developing countries’' governments and parliaments to take decisions in order to ensure internationally agreed standards on labour, the environment and human rights;

Amendment 47 #

Draft opinion
Paragraph 5

5. Rejects TiSA and other macro-trade deals, taking the view that they are a tool for the privatisation of public services and liberalisation of public procurement, such public services and public procurement being key elements for sustainable development and for ensuring respect for people’s dignity; Calls the EC to ensure TiSA do not increase debt unsustainability and economic volatility in developing countries; asks the Commission to respect the policy space of developing countries’ governments and parliaments to take decisions in order to ensure internationally agreed standards on labour, the environment and human rights;

Amendment 48 #

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU

Draft opinion
Paragraph 5 a (new)

5a. While financial inflows to developing countries are increasing but so are outflows, in the absence of binding responsible financing and investment standards, private capital inflows to developing countries are still offset by debt repayments, foreign investment profit repatriation, and illicit financial flows, call the Commission to ensure TiSA´s financial services aspects safeguard the highest transparency and accountability standards, ensure debt sustainability and guarantee the principle of common responsibility of lenders and borrowers;

Amendment 49 #

Draft opinion
Paragraph 5 a (new)

Amendment 5 #

Draft opinion
Paragraph 1

Amendment 50 #

Draft opinion
Paragraph 5 a (new)

5a. Calls on the EU to ensure that TiSA does not jeopardise labour mobility in developing countries which, though not part of TiSA, provide services in the area that it covers;

Amendment 51 #

Draft opinion
Paragraph 5 b (new)

5b. Calls on the EU to safeguard the achievements of the Cotonou Agreement as regards the partnership between the EU and the ACP countries;

Amendment 52 #

Davor Ivo STIER, Maurice PONGA, Bogdan Brunon WENTA

Draft opinion
Paragraph 6

6. Calls the Commission to mainstream gender equality and women’s empowerment in its trade policy and to consider the negative impact that TiSA and other trade agreements may have in this respect in developing countries;deleted

Amendment 53 #

Draft opinion
Paragraph 6

6. Calls the Commission to mainstream ~~gender equality and~~ women’'s ~~empowerment~~rights in its trade policy and to consider the ~~nega~~positive impact that TiSA and other trade agreements may have in this respect in developing countries as an excellent opportunity for further development of women's entrepreneurship and creation of jobs for women;

Amendment 54 #

Draft opinion
Paragraph 6

6. Calls the Commission to mainstream gender equality and women’s empowerment in its trade policy and ~~to consider the negative impact that TiSA and other trade agreements may have in this respect in developing countries~~, in light of existing concerns, closely monitor the impact of EU trade agreements on gender equality;

Amendment 55 #

Draft opinion
Paragraph 6

6. Calls the Commission to mainstream gender equality and women’'s empowerment in its trade policy and to consider the negative impact that TiSA and other trade agreements may have in this respect in developing countries; underlines, in this respect, the gender dimension of trade in services in Africa, where the proportion of women employed by the service sector exceeds female employment in manufacturing;

Amendment 56 #

Draft opinion
Paragraph 6

6. Calls the Commission to mainstream gender equality and women’s empowerment in its trade policy and to ~~consider~~forestall the negative impact that TiSA and other trade agreements may have in this respect in developing countries;

Amendment 57 #

Draft opinion
Paragraph 6 a (new)

6a. Points out that trade in services entails substantial flows of private data from developing countries; calls on the EU to ensure that privacy is respected and to protect personal data from developing countries involved in trade in services between the EU and TiSA parties;

Amendment 58 #

Draft opinion
Paragraph 6 b (new)

6b. Points to the importance of fighting cybercrime, and asks the EU to allow for the risk that cybercriminal networks might spread within developing countries if cybercriminals were to remain outside the regulatory framework to be established under TiSA; calls on the EU to help the digital world to grow on a sound and secure footing in developing countries;

Amendment 59 #

Davor Ivo STIER, Maurice PONGA, Bogdan Brunon WENTA

Draft opinion
Paragraph 7

7. Recalls the primacy of the Charter of Fundamental Rights of the European Union over TiSA and any other international treaty negotiated by the EU, and calls on the Court of Justice of the European Union to effectively guarantee this juridical supremacy;deleted

Amendment 6 #

Draft opinion
Paragraph 1 a (new)

1a. Acknowledges that trade liberalization can increase growth in developing countries, help boost development and reduce poverty by increasing commercial opportunities and investment, creating new jobs opportunities, as well as broadening the productive base through private sector development;

Amendment 60 #

Davor Ivo STIER, Maurice PONGA, Bogdan Brunon WENTA

Draft opinion
Paragraph 7

Amendment 61 #

Draft opinion
Paragraph 7

7. Recalls th~~e primacy of~~at the Charter of Fundamental Rights of the European Union ~~over TiSA and any other international treaty negotiated by the EU, and~~ lays down the fundamental rights that are binding upon the EU institutions and bodies and that apply to national governments when they are implementing EU law; recalls onthat the ~~Court of Justice of the European Union to effectively guarantee this juridical supremacy~~European Union is based on a strong commitment to promote and protect human rights, democracy and the rule of law worldwide; in this regards insists that human rights are at the very heart of EU relations with other countries and regions;

Amendment 62 #

Draft opinion
Paragraph 7

7. Recalls the primacy of the Charter of Fundamental Rights of the European Union over TiSA and any other international treaty negotiated by the EU~~, and~~; also draws attention to the importance of complying with the conditionality clause, which makes respect for human rights a sine qua non for non-EU countries seeking to conclude trade or other agreements with the EU; calls on the Court of Justice of the European Union, therefore, to effectively guarantee ~~this~~compliance with that clause and juridical supremacy;

Amendment 63 #

Draft opinion
Paragraph 7

7. ~~Recalls the primacy of the Charter of Fundamental Rights of the European Union over TiSA and any other international treaty negotiated by the EU, and~~Maintains that TiSA has to be in accordance with Union law and must not violate the Charter of Fundamental Rights of the European Union; calls on the Court of Justice of the European Union to effectively guarantee ~~this juridical supremacy~~compliance with European law and the EU’s core values;

Amendment 64 #

Davor Ivo STIER, Maurice PONGA, Bogdan Brunon WENTA

Draft opinion
Paragraph 8

8. Recalls Uruguay’s decision to withdraw from the negotiations on the basis of concerns that TiSA could threaten the country’s policy space on strategic sectors and services; urges the Commission to take this withdrawal into serious consideration.deleted

Amendment 65 #

Draft opinion
Paragraph 8

Amendment 66 #

Lola SÁNCHEZ CALDENTEY, Stelios KOULOGLOU, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 8

8. ~~Recalls Uruguay’s decision to withdraw~~Invites the Commission to reflect on the recent withdrawal of Uruguay from the TiSA negotiations ~~on the basis of concerns that TiSA could threaten the country’s polic~~and to draw the necessary conclusions by spa~~ce on strategic sectors and services; urges the Commission to take this withdrawal into serious consideration~~ying more attention to the needs of developing countries which are subscribing to TiSA.

Amendment 67 #

Draft opinion
Paragraph 8

Amendment 68 #

Draft opinion
Paragraph 8

Amendment 69 #

Davor Ivo STIER, Maurice PONGA, Bogdan Brunon WENTA

Draft opinion
Paragraph 8 a (new)

8a. Maintains that TiSA must continue to exclude audio-visual and cultural services while enabling developing countries to preserve their cultural assets.

Amendment 7 #

Draft opinion
Paragraph 1 b (new)

1b. Emphasizes that increased trade in services enhances competitiveness in developing countries as well as encourages innovation by facilitating exchange of know-how, technology and investment in research and development, including through foreign investment;

Amendment 8 #

Draft opinion
Paragraph 1 a (new)

1a. Stresses that free trade in services enables developing countries to take advantage of competitively lower labour costs and thus to increase exports to the EU in both goods and services; stresses that this will induce income growth and poverty alleviation in developing countries;

Amendment 9 #