69 Amendments of Tiziana BEGHIN related to 2015/2233(INI)
Amendment 7 #
Draft opinion
Paragraph 1
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 24 #
Motion for a resolution
Recital A
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 41 #
Draft opinion
Paragraph 3
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 interestdefined 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 47 #
Motion for a resolution
Recital C
Recital C
C. whereas any trade agreement must be a reciprocal market opener for ourEU and third countries' companies abroad and a safety net for our citizens at home;
Amendment 55 #
Draft opinion
Paragraph 4
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 68 #
Draft opinion
Paragraph 5 a (new)
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)
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 74 #
Motion for a resolution
Recital F
Recital F
F. whereas trade in services iscould be an engine for jobs and growth in the EU;
Amendment 76 #
Draft opinion
Paragraph 6
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 80 #
Draft opinion
Paragraph 6 a (new)
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 89 #
Draft opinion
Paragraph 7
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 97 #
Motion for a resolution
Recital I a (new)
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 108 #
Motion for a resolution
Recital J
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 121 #
Motion for a resolution
Recital K
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 if properly regulated;
Amendment 130 #
Motion for a resolution
Recital K a (new)
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 134 #
Motion for a resolution
Recital K b (new)
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 137 #
Motion for a resolution
Recital K c (new)
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 146 #
Motion for a resolution
Paragraph 1 – point a – point i
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 159 #
Motion for a resolution
Paragraph 1 – point a – point ii
Paragraph 1 – point a – point ii
ii. to reiterate its support forthe 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 174 #
Motion for a resolution
Paragraph 1 – point a – point iii
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 thea committed participation of China;
Amendment 184 #
Motion for a resolution
Paragraph 1 – point a – point iv
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 191 #
Motion for a resolution
Paragraph 1 – point a – point vi
Paragraph 1 – point a – point vi
vi. to ensure synergies between bilateral, plurilateral andconsistency with multilateral agreements currently being negotiated, as well as with single market developments;
Amendment 196 #
Motion for a resolution
Paragraph 1 – point a – point vii a (new)
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 204 #
Motion for a resolution
Paragraph 1 – point a – point viii
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 214 #
Motion for a resolution
Paragraph 1 – point a – point viii a (new)
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 230 #
Motion for a resolution
Paragraph 1 – point b – point i
Paragraph 1 – point b – point i
i. to exclude public servicservices of general economic interest and cultural services from the scope of the negotiationsirrespective 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 233 #
Motion for a resolution
Paragraph 1 – point b – point i a (new)
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 255 #
Motion for a resolution
Paragraph 1 – point b – point iv
Paragraph 1 – point b – point iv
iv. to acknowledgensure that standstill and ratchet clauses do not apply to market access commitmentsand national treatment commitments; to negotiate national treatment on the basis of a positive list approach;
Amendment 262 #
Motion for a resolution
Paragraph 1 – point b – point v
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 consumersand 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 279 #
Motion for a resolution
Paragraph 1 – point b – point vii
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 287 #
Motion for a resolution
Paragraph 1 – point b – point viii
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 305 #
Motion for a resolution
Paragraph 1 – point b – point x
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 thatreplace the public utilities clause appliesnd 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 313 #
Motion for a resolution
Paragraph 1 – point b – point xi
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 323 #
Motion for a resolution
Paragraph 1 – point c – point -i (new)
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 326 #
Motion for a resolution
Paragraph 1 – point c – point i
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 332 #
Motion for a resolution
Paragraph 1 – point c – point i a (new)
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 340 #
Motion for a resolution
Paragraph 1 – point c – point ii
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 344 #
Motion for a resolution
Paragraph 1 – point c – point ii a (new)
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 348 #
Motion for a resolution
Paragraph 1 – point c – point iii
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 352 #
Motion for a resolution
Paragraph 1 – point c – point iii a (new)
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 361 #
Motion for a resolution
Paragraph 1 – point c – point v
Paragraph 1 – point c – point v
v. to recognise that broadband competition and digital innovation is aare 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 369 #
Motion for a resolution
Paragraph 1 – point c – point vi
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 PackageEU 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 374 #
Motion for a resolution
Paragraph 1 – point c – point vi a (new)
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 380 #
Motion for a resolution
Paragraph 1 – point c – point vii
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
Paragraph 1 – point c – point vii
vii. to address persistent regulatory asymmetries regardpromote 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 forto 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 384 #
Motion for a resolution
Paragraph 1 – point c – point viii
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 419 #
Motion for a resolution
Paragraph 1 – point d – point vi
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 421 #
Motion for a resolution
Paragraph 1 – point d – point vi a (new)
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)
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)
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)
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 427 #
Motion for a resolution
Paragraph 1 – point e – point i
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 441 #
Motion for a resolution
Paragraph 1 – point e – point iii
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 446 #
Motion for a resolution
Paragraph 1 – point e – point iv
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)
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)
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 455 #
Motion for a resolution
Paragraph 1 – point e – point v a (new)
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 457 #
Motion for a resolution
Paragraph 1 – point e – point v b (new)
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 462 #
Motion for a resolution
Paragraph 1 – point f – point i
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 471 #
Motion for a resolution
Paragraph 1 – point f – point ii
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 490 #
Motion for a resolution
Paragraph 1 – point g – point i
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 508 #
Motion for a resolution
Paragraph 1 – point g – point iii
Paragraph 1 – point g – point iii
iii. to recognise that theGATS Article VI.4 on domestic regulation chapter is necessary to prevs 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 permitdue 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 512 #
Motion for a resolution
Paragraph 1 – point g – point iii a (new)
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 542 #
Motion for a resolution
Paragraph 1 – point h – point i a (new)
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 550 #
Motion for a resolution
Paragraph 1 – point h – point ii
Paragraph 1 – point h – point ii
ii. to endeavour to includeoppose 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 instrumentor national laws;
Amendment 561 #
Motion for a resolution
Paragraph 1 – point i – point i
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 568 #
Motion for a resolution
Paragraph 1 – point i – point ii
Paragraph 1 – point i – point ii
ii. to ensure that the mall Members of Parliament’s Committee on International Tradethe European Parliament receive all the negotiating documents related to TiSA;
Amendment 588 #
Motion for a resolution
Paragraph 1 – point i – point v
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 592 #
Motion for a resolution
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
to withdraw from TiSA negotiations if the European Parliament recommendations are not respected and followed during the negotiations;