76 Amendments of Maria ARENA related to 2015/2233(INI)
Amendment 5 #
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for all ILO core labour standardsas 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 18 #
Draft opinion
Paragraph 1 a (new)
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 #
Draft opinion
Paragraph 1 b (new)
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 20 #
Draft opinion
Paragraph 1 c (new)
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 26 #
Motion for a resolution
Recital A
Recital A
A. whereas the TiSA negotiations arshould be aimed at achieving bettstronger international regulation, not lower domestic regulation;
Amendment 30 #
Draft opinion
Paragraph 2 a (new)
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)
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 35 #
Draft opinion
Paragraph 2 a (new)
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 #
Draft opinion
Paragraph 2 b (new)
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 40 #
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; 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 42 #
Motion for a resolution
Recital B
Recital B
B. whereas any trade agreement must provide more rights and lower prices to European consumers and level the playing field for European companiesdemonstrable 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 43 #
Draft opinion
Paragraph 3
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 45 #
Motion for a resolution
Recital C
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 56 #
Draft opinion
Paragraph 4 a (new)
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 58 #
Draft opinion
Paragraph 4 a (new)
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 65 #
Draft opinion
Paragraph 5 a (new)
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 70 #
Motion for a resolution
Recital F
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 74 #
Draft opinion
Paragraph 6
Paragraph 6
6. ExpectsConsiders 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
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 #
Motion for a resolution
Recital F a (new)
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 78 #
Draft opinion
Paragraph 6 a (new)
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 87 #
Motion for a resolution
Recital H
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 94 #
Motion for a resolution
Recital I
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 #
Draft opinion
Paragraph 7 a (new)
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 #
Motion for a resolution
Recital I a (new)
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 98 #
Draft opinion
Paragraph 7 d (new)
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;
Amendment 105 #
Motion for a resolution
Recital J
Recital J
J. whereas citizens’ trust in EU’s trade policy is a must, whichhas 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 119 #
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;
Amendment 125 #
Motion for a resolution
Recital K a (new)
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 141 #
Motion for a resolution
Paragraph 1 – point a – point i
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 157 #
Motion for a resolution
Paragraph 1 – point a – point ii
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 182 #
Motion for a resolution
Paragraph 1 – point a – point iv
Paragraph 1 – point a – point iv
iv. to carry outacknowledge 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 200 #
Motion for a resolution
Paragraph 1 – point a – point viii
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 workersrecall 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 212 #
Motion for a resolution
Paragraph 1 – point a – point viii a (new)
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 225 #
Motion for a resolution
Paragraph 1 – point b – point i
Paragraph 1 – point b – point i
i. to exclude public services and culturs 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 249 #
Motion for a resolution
Paragraph 1 – point b – point iv
Paragraph 1 – point b – point iv
iv. to acknowledge thatreject the inclusion of any standstill and ratchet clauses do not apply to market access commiton any of the disciplines contained in the agreements;
Amendment 257 #
Motion for a resolution
Paragraph 1 – point b – point iv a (new)
Paragraph 1 – point b – point iv a (new)
iva. to use positive listing for all market access and national treatment commitments;
Amendment 260 #
Motion for a resolution
Paragraph 1 – point b – point v
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 281 #
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, 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' ambitious commitments for those cases which underpin Mode 3 commitmentslity to conduct labour market needs tests; to bind Mode 4 to cross border cooperation between labour inspection administration and justice;
Amendment 286 #
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 therespect 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 291 #
Motion for a resolution
Paragraph 1 – point b – point ix
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 301 #
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 clarifyensure 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 338 #
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; to acknowledgensure 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 357 #
Motion for a resolution
Paragraph 1 – point c – point v
Paragraph 1 – point c – point v
Amendment 383 #
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 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 386 #
Motion for a resolution
Paragraph 1 – point d – point i
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 389 #
Motion for a resolution
Paragraph 1 – point d – point i a (new)
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 392 #
Motion for a resolution
Paragraph 1 – point d – point i b (new)
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 #
Motion for a resolution
Paragraph 1 – point d – point i c (new)
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 #
Motion for a resolution
Paragraph 1 – point d – point i d (new)
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 398 #
Motion for a resolution
Paragraph 1 – point d – point ii
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 countract and byy where the service is performed and by a contract respecting such domestic legislation;
Amendment 403 #
Motion for a resolution
Paragraph 1 – point d – point ii b (new)
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 #
Motion for a resolution
Paragraph 1 – point d – point iii
Paragraph 1 – point d – point iii
Amendment 420 #
Motion for a resolution
Paragraph 1 – point d – point vi a (new)
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 426 #
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 436 #
Motion for a resolution
Paragraph 1 – point e – point ii
Paragraph 1 – point e – point ii
ii. to step upcommit 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 443 #
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 and Member States’ ability to ban certain financial products and activities in line with itstheir regulatory framework and to adopt any measure they deem necessary to regulate financial markets;
Amendment 451 #
Motion for a resolution
Paragraph 1 – point e – point v
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 461 #
Motion for a resolution
Paragraph 1 – point f – point i
Paragraph 1 – point f – point i
i. to ensure a high level of ambibalanced 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 473 #
Motion for a resolution
Paragraph 1 – point f – point iv
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 477 #
Motion for a resolution
Paragraph 1 – point f – point v
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 486 #
Motion for a resolution
Paragraph 1 – point g – point i
Paragraph 1 – point g – point i
i. to fully preserveensure 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 496 #
Motion for a resolution
Paragraph 1 – point g – point ii
Paragraph 1 – point g – point ii
ii. to promote good governance and foster good practices in administrative and lregisulativeory 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 consumerand 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 502 #
Motion for a resolution
Paragraph 1 – point g – point iii
Paragraph 1 – point g – point iii
Amendment 518 #
Motion for a resolution
Paragraph 1 – point g – point v
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 522 #
Motion for a resolution
Paragraph 1 – point g – point vi
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 532 #
Motion for a resolution
Paragraph 1 – point g – point x
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 534 #
Motion for a resolution
Paragraph 1 – point g – point x a (new)
Paragraph 1 – point g – point x a (new)
xa. to reject the inclusion of a Most Favoured Nation Clause (MFN) in TiSA;
Amendment 535 #
Motion for a resolution
Paragraph 1 – point g – point x b (new)
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 540 #
Motion for a resolution
Paragraph 1 – point h – point i a (new)
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)
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 546 #
Motion for a resolution
Paragraph 1 – point h – point ii
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 560 #
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, and to emulate the document disclosure policy of the WTO, whereby all negotiating documents are made available to the public;
Amendment 567 #
Motion for a resolution
Paragraph 1 – point i – point ii
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 580 #
Motion for a resolution
Paragraph 1 – point i – point iv
Paragraph 1 – point i – point iv
iv. to welcome theensure serious and continuous engagement of the EU institutions with social partners and a wide range of stakeholders throughout the negotiation process;
Amendment 599 #
Motion for a resolution
Paragraph 2 a (new)
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;