42 Amendments of Maria ARENA related to 2018/0091M(NLE)
Amendment 7 #
Motion for a resolution
Citation 12
Citation 12
– having regard to Opinion 2/15 of the Court of Justice of the European Union of 16 May 2017, pursuant to Article 218(11) on the Treaty on the Functioning of the European Union (TFEU), requested by the European Commission on 10 July 2015, in particular paragraph 161;
Amendment 8 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to the European Parliament resolution containing the European Parliament’s recommendations to the Commission on the negotiations for the Trade in Services Agreement (TiSA) of 3 February 2016;
Amendment 10 #
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
– having regard to Protocol 26 to the Treaty on the Functioning of the European Union on services of general interest;
Amendment 11 #
Motion for a resolution
Citation 12 c (new)
Citation 12 c (new)
– having regard to its recommendation following the inquiry on money laundering, tax avoidance and tax evasion P8_TA-PROV(2017)0491;
Amendment 17 #
Motion for a resolution
Recital B
Recital B
B. whereas the EU-Japan Economic Partnership Agreement (EPA) has a strategic dimension and is the most important bilateral trade agreement ever concluded by the Union as it covers nearly a third of world GDP;
Amendment 27 #
Motion for a resolution
Recital D
Recital D
D. whereas it was estimated in the 2016 Impact Assessment that the agreement wthe EU-Japan EPA could deliver positive impacts in terms of GDP, income, trade and employment for both the EUnion and Japan, if adhering to the objective of ‘smart, sustainable and inclusive growth’; whereas the 2016 Sustainability Impact Assessment evaluates modest economic benefits, estimating a potential GDP growth to +0.76% for the EU and +0.29% for Japan in the long term, under a symmetrical scenario;
Amendment 30 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Sustainability Impact Assessment also raises some questions about potential environmental and food safety related concerns namely with regards to illegal logging and pesticides;
Amendment 31 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas, according to many experts reducing deforestation, especially illegal logging, is the fastest, most effective and least controversial way to mitigate greenhouse gas emissions in the world; whereas Japan is one of the largest importer of wood products and these imports come -to a significant degree- from places where illegal logging is rife; whereas the EU-Japan Economic Partnership Agreement will fully eliminate tariffs on all wood products;
Amendment 39 #
Motion for a resolution
Recital E
Recital E
E. wWhereas Parliament has monitored these negotiations from the start, having called for transparency and for negotiators to meet sustained criticism and public scepticism towards the method of trade negotiations has led to new increased levels of transparency in other EU trade agreements, with better access to documents, regular reporting on negotiations and improved communications, but further intemprovements are sts of both citizens and businesseill necessary such as the publication of the negotiating directives by the Council before starting negotiations of trade agreements;
Amendment 44 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas free trade as an essential element of globalisation has been at the centre of public debate, with civil society raising concerns about the possible negative impacts of new generation free trade agreements; whereas different studies using different methodology show divergent results regarding the impact of job creation of these FTAs; whereas in the EU, the effectiveness of existing tools which can help workers who lose their jobs as a result of globalisation or from bilateral trade agreements adapt to new opportunities and changes must be further improved and complemented with additional mechanisms seeking to anticipate negative impacts;
Amendment 47 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the Plenary objected in September 2017 an implementing act1a, aiming at reducing controls on food imports from Fukushima region to the European Union; whereas the European Commission did not take into account Parliament´s objection and issued the implementing act without justification or explanation; _________________ 1a Implementing act on the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station
Amendment 53 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers this agreement to be of major strategic importance and that it represents a timely signal in support of open, fair and rules-based trade, while promoting high standards at a time of challenges to the international ordt a time of challenges to the international order and of raising nationalist protectionism; warns that such protectionism is not an option but stresses that a business as usual trade agenda cannot be an option either;
Amendment 56 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that EU trade agreements should be put in the service of sustainable development for the many and to protect consumers, workers and the environment, to create decent jobs, uphold EU standards, safeguarding public services and respecting democratic procedures whilst boosting EU export opportunities; therefore a fundamental change in the current trade paradigm is of utmost importance, putting sustainability on equal footing with economic interests;
Amendment 60 #
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 76 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes positively that Japan has addressed unnecessary non-tariff measures (NTMs) in a variety of sectors such as vehicles, food additives, food labelling and cosmetics; takes note as well of Japan’s commitment to align its automotive standards even more with international standards used by EU car manufacturers;
Amendment 81 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the fact that Japan will, notably, grant non-discriminatory access for EU suppliers to the procurement markets of 48 cities, remove the ‘operational safety clause’, which has in practise prevented EU rail suppliers to access the Japanese market, and maximise transparency in tendering for public contracts; stresses that ecological and social criteria, including gender equality criteria, should be applied in awarding public procurement contracts;
Amendment 91 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. WelcomNotes that the agreement provides significant export opportunities for EU agri-food products, such as wine, pig meat and cheese, and that it protects 205 European geographical indications; expects the agreement to pay the utmost attention to local producers and family farming on both sides;
Amendment 96 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. HighlightNotes the fact that the agreement promotes best practices for providingregarding food safety and high-quality food and products for consumers; calls on both partners to mainstreamconsumer protection; Recalls that the Sustainability impact assessment states that Japan’s use of fertilisers and pesticides per square kilometre of agricultural land remains well above the OECD averages, raising the question of residue loads in Japanese food; calls on both partners to apply the highest standards of consumer protection and food safety in the implementation of the agreement;
Amendment 108 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. StressNotes that both parties are committed to ensure high levels of environmental and labour protection; expectscalls on the EU and Japan to show their committake all necessary actions to implement to the Sustainable Development Goals in all their actions, including the implementation of this agreement;
Amendment 113 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the commitment to the effective implementation of the Paris Agreement to combat climate change and of other multilateral environmental agreements, as well as to the sustainable m but recalls that such commitments remain voluntary; Points out that the EU-Japan agreement of forests (including fighting illegal logging) and fisheries (combating illegal, unreported and unregulated fishing); calls on both parties to cooperate closely under the sustainable development chapter to exchange best practices and to strengthen the enforcement of legislation incould be an instrument to combat climate change and to accelerate and intensify the actions and investments needed for a sustainable low carbon future; regrets that no binding measures or targets are included in the agreement; 1. calls on the Commission to introduce binding greenhouse gas emissions targets, including through the use mattersof a sanctions based mechanism;
Amendment 118 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that the Commission’s Sustainability impact assessment states that Japan’s regulatory framework to address illegal logging activities suffers from serious design weaknesses and that is only based on voluntary measures; points out that this could exacerbate illegal logging;
Amendment 120 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Regrets the lack of ambition of the animal welfare provisions, only aiming at improving understanding of each other’s practices, and calls for the Commission to ensure a working plan and a working group are established to address this issue;
Amendment 121 #
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Deplores that a sanction-based mechanism to effectively enforce sustainable development related provisions has not been included in the TSD chapter;
Amendment 122 #
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
Amendment 123 #
Motion for a resolution
Paragraph 9 e (new)
Paragraph 9 e (new)
9e. Stresses that assessing and reviewing labour and environmental standards should not be limited to the chapters which specifically deal with these issues, but should horizontally address these areas and other areas of the agreement, such as investment, trade in services, regulatory cooperation and public procurement on labour and environmental standards;
Amendment 124 #
Motion for a resolution
Paragraph 9 f (new)
Paragraph 9 f (new)
9f. Calls on both parties not to wait until the review clause will be triggered to strengthen the sustainable development provisions in the Agreement and to start working immediately on an effective sanction mechanism in case of sustained violations;
Amendment 133 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the fact that the agreement includes the commitment to pursue the ratification of fundamental ILO conventions; regrets that Japan has not yet ratified the two ILO core conventions (on dDiscrimination and on the aAbolition of fForced lLabour) and expects, in light of commitments made in the EPA, concrete progress on the partbefore the negotiations have been concluded and calls ofn Japan, towards the ratification of these conventions ratify and implement these conventions as soon as possible;
Amendment 139 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. WelcomNotes the inclusion of a review clause in the chapter on sustainable development and calls on the Commission to trigger this; Stresses that the review clause ais soon as possible in order to strengthen the enforceability and effectiveness ofno guarantee that labour and environmental provisions, which should include the possibility of sanctions as a last resortill be strengthened and effectively enforced in the future;
Amendment 149 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that the European Court of Justice has stated, in its 2/15 Opinion on EU-Singapore FTA that trade and sustainable development chapters have a direct and immediate effect on trade and that a breach on sustainable development provisions authorises the other Party to terminate or suspend the liberalisation provided for on other provisions of the FTA;
Amendment 151 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the fact that the EPA maintains the right of MRegrets that public services are not fully excluded from the scope of the agreement and that any such services that may ember State authorities to define, provide and regulate public services at local, regional or national level, despite its negage in the future are governed by the provisions of the Agreement; Underlines the preference for a gold standard clause that unequivocally carves out public services from all trade and investment obligations; Believes that as a principle, the use of a positive list approach, and that it does not prevent governments from bringing any privatised service back in to the public sectors per the GATS is always preferable;
Amendment 159 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Expects that the EPA maintains the right of Member States’ authorities to define, provide and regulate public services at local, regional or national level, and that it does not prevent governments from bringing any privatised service back in to the public sector;
Amendment 161 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Highlights the need to safeguard future regulatory policy space, necessary to meet the regulatory challenges of digitalisation and dynamic and uncertain technological development in the area of trade in services; stresses that new services and newly developed public utilities must stay out of the liberalisation obligations of the agreement;
Amendment 162 #
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Demands that any provisions on Mode 4 (temporary movement of natural persons) must be subject to an effective international cooperation of the legal authorities for the enforcement of social and employment legislation, collective wage agreements and minimum wages;
Amendment 168 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. BelievNotes that market access commitments in cross-border services, including e-commerce, maritime transport, postal services and telecommunications, will give acould boost to trade in services while safeguarding; recalls theat pursuit of legitimate policy objectivesblic policy objectives have to be safeguarded;
Amendment 171 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. StressNotes that the agreement preserves the sovereign right to regulate the financial and banking sectors for prudential and supervisory reasons; calls on both partners to use the financial regulatory forum to improve the global financial systemfinancial regulatory forum could be used by both parties to improve the global financial system; Recalls that the EP has requested in its PANA report that the ‘Investment’ and ‘Financial Services’ chapters of future trade or partnership agreements be negotiated on the basis of the positive list principle, so that only the financial sectors necessary for commercial development, the real economy and households benefit from the facilitation and liberalisation brought about by the agreement between the Union and the third party concerned; is concerned that the EU-Japan agreement has been negotiated on the basis of a ‘negative list’ approach; regrets that the EP recommendation has not been followed;
Amendment 176 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes key innovativeTakes note of elements such as dedicated chapters to enhance benefits for SMEs and promote corporate social responsibility based on the principles of the G20 and the OECD; G20 and OECD’s principles; Deplores that CSR provisions remain on a voluntary basis within the remit of the TSD chapter and are not subject to an effective enforcement mechanism or to the general dispute settlement mechanism;
Amendment 182 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Regrets that the precautionary principle is not mentioned in the TBT and SPS chapters and only a reference to the precautionary approach has been made in the TSD-chapter; stresses that nothing in the agreement prevents the application of the precautionary principle in the European Union as set out in the Treaty on the Functioning of the European Union. Firmly underlines that all imports from Japan into the EU must respect all standards imposed on EU products;
Amendment 185 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that regulatory cooperation is voluntary and that it by no means should limits the right to regulate; recalls that corresponding provisions must be implemented in full respect of the prerogatives of the co-legislators; welcomes the fact that the regulatory cooperation chapter clearly states that the principles established in the TFEU, such as the precautionary principle, must be fully respected or open the door to any kind of regulatory chill or weakening of the level of protection of labour, the environment, consumers, health and food safety in order to encourage or attract trade; Stresses the importance of excluding sensitive regulations; Underlines that any cooperation should not undermine the internal legislative process in the EU, including appropriate consultations of EU stakeholders, nor affect in any way the prerogatives of the European Parliament under the EU Treaties;
Amendment 191 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for transparency on the functioning of the regulatory cooperation committee and for a balanced involvement of all stakeholders, notably of trade unions and civil society organisations; Stresses that the European Parliament should be kept informed on a regular basis about the decisions, that are taken in the regulatory cooperation committee;
Amendment 197 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes note that negotiations continue on a separate investment agreement and reiterates that it is unacceptable to return to the old, private ISDS mechanism; Notes that non-discriminatory treatment of foreign investors can be achieved without the inclusion of an ISDS/ICS mechanism; Given the EU’s and the Japan`s developed legal systems such a mechanism is not necessary; Recalls that the Belgian government has asked the ECJ to rule on the compatibility of ICS with the EU legal framework; Therefore asks the Commission to wait until the ECJ has ruled on this matter before negotiations with Japan on investment protection continue;
Amendment 222 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Recalls that trade agreements should include a Tax Good Governance Clause that would reaffirm the Parties’ commitment to implementation of agreed international standards in the fight against tax evasion and avoidance, on obligations for country-by-country reporting, automatic exchange of information and the establishment of public registers of beneficial ownership; Regrets in this regard the low level of ambition in the EU-Japan agreement;
Amendment 229 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges both partners to ensure thean active involvement of social partners and civil society in the monitoring and implementation of the EPA, notably through the joint dialogue with civil society and the domestic advisory group; calls on the Commission to allocate more resources to these mechanisms and to provide support to ensure constructive participation of civil society; urges the Commission to ensure that a consultative mechanisms is set up on both sides before the entry into force of the agreement;