35 Amendments of Jude KIRTON-DARLING related to 2015/2038(INI)
Amendment 9 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the European Parliament issued recommendations to the European Commission related to social and environmental standards, human rights and corporate responsibility in 2010; whereas a number of these recommendations have been implemented, while others have not;
Amendment 11 #
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas the European Parliament’s 2010 recommendations which were not implemented notably included: - the consolidation of the Corporate Social Responsibility (CSR) concept in the EU’s Common Commercial Policy (CCP), including elements that are binding on companies such as a requirement to publish CSR balance sheets and a requirement for undertakings to show due diligence; - the inclusion of CSR in all EU trade agreements and provisions for greater enforcement, notably the possibility to carry out investigations on alleged cases of breaches of CSR commitments and the establishments of EU contact points modelled on the OECD contact points; - the inclusion of comprehensive, legally binding and enforceable Trade and Sustainable Development (TSD)chapters in all EU trade agreements; - the reorientation of TSD chapters towards greater implementation, in particular through enhanced monitoring by Civil Society Organisations (CSOs) and Social Partners, including complaint procedures directly accessible to Social Partners, appeal mechanisms to independent bodies to settle disputes and the recourse to trade agreements’ general dispute settlements on an equal footing with the others parts of the agreements, with provisions for fines or at least temporary suspension of trade benefits; - the launch of investigations under GSP+ if consistent evidence indicates that some countries are not implementing their commitments; - the inclusion in the GSP regulation of CSR conditionality; - active support by the European Commission to set up a Trade and Decent Work Committee at the WTO;
Amendment 13 #
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-Ab. whereas the European Parliament acts as a co-legislator with respect to measures defining the framework for implementing the Union’s CCP; whereas the consent of the European Parliament is required for the ratification of every trade agreement negotiated by the Union; the implementation of the European Parliament’s recommendations is therefore necessary to ensure the success of any initiative undertaken by the European Commission in the field of the CCP;
Amendment 19 #
Motion for a resolution
Recital A
Recital A
A. whereas EU trade policies couldthe EU has the ability to contribute positively to the harmonisation process in the direction of implementation and development of human rights (HR), social and environmental sustainabigreater respect for human rights (HR) and sustainable development globally through its trade politcy; whereas it must be ensured that trade and investment agreements not reduce their ability to meet their HR obligations, which must prevail over investors and profits interests; whereas there is public concern about the detrimental impact on the concrete enjoyment of HR and labour standards of non-tariff barrier reduction; whereas the new generation of trade agreements risks acting as a back-door deregulation instrumentthis requires proactive and resolute action on the part of the European Commission; whereas trade and investment agreements may also be detrimental to human rights and sustainable development, and should therefore be designed in such a way as to support rather than hinder social and environmental progress;
Amendment 21 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas reformed trade defence measures can also provide an incentive for the EU’s trading partners to engage in sustainable development; whereas, unlike international agreements, this strategy has the potential to yield results through unilateral EU actions; whereas the European Parliament adopted an amendment to article 7.2 of Regulation (EU) 1225/2009 on protection against dumped imports in order to exempt EU trade defence measures from the ‘Lesser Duty Rule’, in full compliance with WTO rules, where ‘the exporting country does not have a sufficient level of social and environmental standards’; whereas this reform has been blocked in the Council of the European Union since November 2014;
Amendment 42 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas since 2010 the global context for trade and sustainable development has changed, as illustrated by the repercussions of the tragic events surrounding the collapse of the Rana Plaza building in Bangladesh in 2013, which led to greater public awareness on issues related to global supply chain responsibility as well as innovative solutions to tackle issues related to TSD, such as the Accord on Fire and Building Safety in Bangladesh;
Amendment 44 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas TSD chapters have displayed a decreasing level of ambition in successive EU trade agreements, from EU-Korea and EU-Colombia/Peru to EU- Canada and the Economic Partnership Agreements with regional groupings of African countries; whereas this trend is extremely alarming and must be reverted;
Amendment 46 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the European Commission’s 2015 ‘Trade for All’ strategy makes TSD a priority for the EU; whereas in order for this strategy to give proper impetus to the TSD agenda, the European Commission must now turn its much welcomed ambition into resolute and concrete actions;
Amendment 48 #
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas concerns about the implementation of TSD standards on the ground should not lead to a weakening of the EU’s ambitions; whereas incentives to comply with TSD requirements can only be effective if backed by deterrents;
Amendment 49 #
Motion for a resolution
Recital D e (new)
Recital D e (new)
De. whereas the implementation of the new EU General Scheme of Preferences’ special incentive arrangement for sustainable development and good governance (‘GSP+’) has also proven to be disappointing, in particular due to the absence of a credible deterrent; whereas the European Commission is bound by the GSP regulation to seek information on compliance with international labour and Human Rights conventions from their relevant monitoring bodies, but should not however externalise decision- making functions;
Amendment 50 #
Motion for a resolution
Recital D f (new)
Recital D f (new)
Df. whereas in the case of international conventions on core labour rights referred to in Part A of Annex VIII of Regulation (EU) 978/2012 applying a scheme of generalised tariff preferences, several ILO bodies can be used by the European Commission as ‘relevant monitoring bodies’ in the sense, inter alia, of Articles 9 and 19 of the Regulation; whereas overreliance by the European Commission on annual reports of the International Labour Conference and the Conference Committee on the Application of Standards is detrimental to a credible and effective implementation of the EU GSP regulation, due to the heavily politicised nature of the content of these reports; whereas the ILO’s Committee of Experts on the Application of Conventions and Recommendations is composed of 20 eminent jurists appointed by the ILO’s Governing Body and provides impartial and technical evaluation of the state of application of international labour standards;
Amendment 54 #
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. EncouReiteragtes its call to the Commission to bring strong pressure to bear with a view to a reform of WTO governance leading totake a leading role in the reform of WTO governance in particular with respect to achieving the following objectives:
Amendment 55 #
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) effectivto strengthen the cooperation of the WTO with other UN agencies, and in particular with the High Commissioner for Human Rights and with the ILO such as the High Commissioner for Human Rights and the ILO, in particular in giving the ILO official observer status at the WTO and in involving the ILO and High Commissioner for Human Rights in all trade disputes related to breaches of international labour conventions,
Amendment 59 #
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
(b) ato reform of WTO trade policy review mechanisms to include the impact on the social, environmental and HR dimensions in the implementation of multilateral and plurilateral agreements and to promote sustainable development, in particular through the setting up of a Committee on Trade and Decent Work at the WTO alongside the existing Committee on Trade and Environment;
Amendment 64 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 65 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Welcomes in this context the initiative launched by the G20 leaders on Global Value Chains (GVC), with support from the Organisation for Economic Cooperation and Development (OECD), the World Trade Organisation (WTO) and the World Bank Group (WBG); takes note of the G20’s priority to make GVCs ‘more inclusive’; endorses the OECD, WTO, and WBG’s findings that participation in GVCs does not automatically lead to sustainable development, and that ‘strong social, environmental, and governance frameworks and policies are important to maximising the positive impact of GVC activities and minimising risks in all countries’, as contained in the report prepared for the 2014 meeting of G20 Trade Ministers; strongly supports the OECD, WTO and WBG’s call for countries participating in GVCs to ‘observe international core labour standards, including establishment and enforcement of occupational health, safety, and environmental standards and related capacity-building for compliance’; calls on the European Commission and EU countries participating in the G20 to support this initiative, and to promote balanced and comprehensive policy recommendations including a strong sustainable development dimension on GVCs at the July 2016 meeting of G20 Trade Ministers in Shanghai;
Amendment 74 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to make full use of the provisions of Regulation (EU) 978/2012 applying a scheme of generalised tariff preferences, with view to limit the scope for arbitrary decisions and enhance the credibility of GSP+ in adopting a delegated act to clarify the definitions of a ‘serious failure to effectively implement’ an international conventions and ‘serious and systematic violation of principles’ contained in an international convention;
Amendment 76 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. In addition, calls on the European Commission to propose a revision of regulation (EU) 978/2012 in order to enhance the monitoring of the commitments undertaken by beneficiary countries; Social Partners should be given a formal role in GSP and GSP+ monitoring, and have the ability to directly lodge a complaint with the Commission in cases of non-compliance;
Amendment 78 #
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Ahead of these legislative changes, calls on the Commission to diversify its sources of expertise and to seek the views of all relevant monitoring bodies in order to properly assess compliance with the international conventions referred to in the GSP Regulation; in particular, calls on the Commission to depart from its overreliance on the ILO’s Conference Committee on the Application of Standards and to take into account the views expressed by the ILO’s Committee of Experts on the Application of Conventions, with respect to both granting and suspending trade preferences in accordance with the GSP Regulation;
Amendment 88 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the Commission and Council’s efforts to insert legally binding HR clauses into all the free trade agreements (FTAs) in accordance with the common approach; regrets that HR clauses arhave not been included in treaties such as thosehe agreement with Korea, Vietnam and Canada (CETA) or in the TTIP and Vietnam negotiations; calls for the inclusion of legally binding HR clauses in the future agreement with the USA (TTIP);
Amendment 95 #
Motion for a resolution
Paragraph 5 – introductory part
Paragraph 5 – introductory part
5. Remains concerned about the too limited effects of traditional HR clauses in ensuring that the EU fulfils its HR obligations and commitments; calls on the Commission and the Council to comprehensively rethink the protection and guarantees offered to HR in FTAs and IPAframework agreements and to propose a new model for a set of binding HR clauses, in particular through:
Amendment 114 #
Motion for a resolution
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Firmly demands that all future EU trade agreements have sustainable chapters (TSD) withRecalls its 2010 request that each EU trade agreement, whether bilateral or multilateral, should include comprehensive, legally binding and enforceable TSD chapters, with the following features:
Amendment 121 #
Motion for a resolution
Paragraph 6 – point a a (new)
Paragraph 6 – point a a (new)
(aa) a complaint procedure directly accessible to Social Partners;
Amendment 126 #
Motion for a resolution
Paragraph 6 – point b
Paragraph 6 – point b
(b) a general dispute settlement mechanism directly accessible to the social partners and civil society,recourse to trade agreements’ general dispute settlements on an equal footing with the others parts of the agreements;
Amendment 131 #
Motion for a resolution
Paragraph 6 – point c
Paragraph 6 – point c
(c) more than a merely incentives-based approach: sanctions must cause an effective suspension of trade benefits in the form of countervailing duties. In addition to sanctions, a decision may require aneffective deterrents, in the form of monetary remedies or the suspension of trade benefits, possibly linked to action plans that could include legislative and/or regulatory reforms;
Amendment 134 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Take note of the criticisms often voiced by participants to Domestic Advisory groups set up by the EU under existing trade agreements that their deliberations have no practical impact; calls on the Commission to systematically respond in a concrete manner to concerns raised by EU DAGs and ensure appropriate follow up to initiatives proposed by EU SCOs and Social Partners in this framework;
Amendment 135 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls for TSD chapters in EU trade agreements to lay out basic logistical provisions to enable effective implementation, in particular resources and timetables, as these aspects have proven to be serious hurdles; recalls the importance of accompanying measures in this respect, such as technical assistance and cooperation programmes;
Amendment 136 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Regrets the many discrepancies displayed by TSD chapters in the various EU trade agreements; calls on the European Commission to uphold the highest level of consistency in all trade negotiations, in particular when dealing with developing countries; calls in this respect for a common approach to be defined and implemented for HR and Sustainable Development monitoring with respect to ACP countries, in the framework of the Economic Partnership Agreements;
Amendment 139 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Regrets the lack of involvement of the EP in assessing the compliance of FTAparties to EU trade agreements with HR and TSD obligations, and; recalls its request to the European Commission to be granted observer status in EU trade negotiations; calls on the Council to consult Parliament on any decisions to revise or even suspend the application of an agreement if this is necessary;
Amendment 142 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Commission’s decision to carry out ex ante and ex post sustainability impact assessments (SIAs) for all trade agreements in accordance with the integrated guidelines, while noting their limited capacity to influence the concrete outcomes of the FTAs and IPAs; calls on the European Commission to ensure proper involvement of SCOs and Social Partners in the development of SIAs; recalls the need for the timely publication of SIAs in order to enable the public and its elected representatives to properly assess any proposed agreement;
Amendment 173 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Acknowledges the Commission’s efforts to negotiate a plurilateral agreement on green goods; calls on the Commission to focus on a diversifie (the Environmental Goods Agreement - EGA); regrets however the fact that product nomination in the framework of the EGA negotiations has been to date done on a case by case basis, with no clear quantitative or qualitative criteria to identify ‘green goods’; calls on the Commission to remedy this situation and promote a credible and strategy that can also addresnsparent methodology in the EGA negotiations; further calls on the Commission to take due account of factors influencing trade in green goods, such as anti-dumping policies in the renewable energy sector, intellectual property regimes, tight financing programmes and the lack of national environmental policies that create the demand for such goods;
Amendment 191 #
Motion for a resolution
Subheading 3
Subheading 3
Amendment 206 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes it is crucial to ensure increased access to information on the conduct of enterprises; considers it fundamental to introduce a mandatory reporting system and due diligence for EU companies that outsource their production to third countriesrecalls its position from 2010 to request companies to publish their CSR balance sheets and all undertakings to show due diligence;
Amendment 210 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Also recalls that the European Parliament requested in 2010 the consolidation of the CSR concept, on the basis in particular of a harmonised definition of the relations between parents companies in order to establish the legal liability of each them; considers that the concept of voluntarily CSR is outdated and largely ineffective and should be made operational through a shift towards mandatory rules to ensure responsibility throughout global supply chains;
Amendment 219 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses that the effective implementation of these recommendations constitutes a crucial element in the European Parliament’s assessment of trade agreements negotiated by the European Commission; requests a detailed and timely response from the European Commission to all the items raised in this resolution;