Activities of Eleonora FORENZA related to 2015/2233(INI)
Plenary speeches (1)
Negotiations for the Trade in Services Agreement (TiSA) (A8-0009/2016 - Viviane Reding) IT
Amendments (117)
Amendment 2 #
Motion for a resolution
Citation 3
Citation 3
Amendment 4 #
Draft opinion
Recital A
Recital A
A. whereas the gender dimension of trade is often overlooked and gender equality is currently integrated only to a limited extent in trade policies and agreements; despite the fact that trade agreements impact differently on women and men due to gender inequalities across sectors;
Amendment 6 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to Articles 2 and 3 of Treaty on European Union and to Article 8 of Treaty on the Functioning of the European Union that promote equality between women and men as one of the underlying values of the EU,
Amendment 8 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regard to Directorate-General for External Policies' "The EU's Trade Policy: from gender-blind to gender- sensitive?",
Amendment 12 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to Article 8 on the right to Protection of personal data of the Charter of Fundamental Rights of the European Union,
Amendment 13 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to Principle of Coherence for Development as stated on the Treaty on the Functioning of the European Union,
Amendment 14 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to its resolution on the General Agreement on Trade in Services (GATS) within the WTO, including cultural diversity, adopted on 12 March 2003,
Amendment 15 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to its resolution on 8 September 2015 on the follow-up to the European Citizens' Initiative Right2Water,
Amendment 15 #
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas a reduction or cuts in public services and provisions usually shifts labour, costs and risks to the unpaid care and household economy, which is predominantly female and will consequently hinder gender equality;
Amendment 16 #
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
- having regards to the Draft Opinion on the local and regional dimension of the Trade in Services Agreement, adopted unanimously by the Commission for Economic Policy of the Committee of the Regions
Amendment 19 #
Draft opinion
Recital D
Recital D
D. whereas TiSA should on no account weaken the progress attained by the EU, or its Member States, in gender equality;
Amendment 23 #
Motion for a resolution
Recital A
Recital A
A. whereas the currently available documents of the TiSA negotiations are aimednot aiming at achieving betterthe highest international regulation, nobut lower domestic regulation;
Amendment 27 #
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that in order for Parliament to be able to make an informed decision regarding consent, the Commission shouldmust perform a gender impact assessment as well as a fundamental rights impact assessment in all phases of the trade agreement (negotiation, implementation, evaluation), on the basis of its reinforced assessment of the impact of new legislative proposals on fundamental rights and in order to guarantee that the EU is beyond reproach in upholding women’s rights;
Amendment 36 #
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets that Parliament was not consulted before the Council adopted the mandate; considers this a lost opportunity to make the negotiations as democratic as possible and to involve those who might be most affected by TiSA, for example women, from the very beginning;
Amendment 40 #
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 fieldbetter social and environmental standards for Europe an companiesd any other involved party ;
Amendment 41 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to increase coherence among different but interlinked policies, such as trade, development, employment, migration and gender equality, and to include the impact on women´s and girl´s rights, the rights to health, education, food, work and water;
Amendment 46 #
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 homepush for the social responsibility of our companies abroad, while respecting social and environmental standards and Human Rights in the EU and its partner countries;
Amendment 52 #
Draft opinion
Paragraph 4
Paragraph 4
4. Is concerned that the impact of TiSA mightwill be gender biased; calls for the introduction of gender-sensitive flanking measures to deal with possible negative outcomes for women from the implementation of TiSA;
Amendment 56 #
Motion for a resolution
Recital D
Recital D
D. whereas the globalisation, servicification and digitalisation both of our economies and of international trade call for more just and fair policy action to enhance international rules through the existing multilateral framework, particularly in areas like tax evasion and social dumping;
Amendment 63 #
Motion for a resolution
Recital E
Recital E
Amendment 65 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for the EU to adopt an approach where human, labour, consumer and environmental rights should guide transnational and national trade and investment, not the other way around.
Amendment 66 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the general EU public is confronted with a big lack of transparency in the TiSA negotiations since the Commission has only made a couple of documents public; whereas the European Commission has published less about the TiSA negotiations than they did for negotiations about trade agreements like TTIP or CETA; whereas Commissioner Malmstrom stated that the transparency model used in the TTIP negotiations would be implemented for all negotiations for trade agreements;
Amendment 69 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Believes that TiSA can mean a backlash for gender equality in Europe and weaken women´s rights e.g. the dismantling of public services will shift labour, costs and risks to the unpaid care and household work, which will foremost affect women who are predominant in this sector, and who are more dependent on public services such as child care or care for elderly.
Amendment 73 #
Motion for a resolution
Recital F
Recital F
F. whereas trade in services iscould be an engine for decent jobs and inclusive growth in the EU;
Amendment 77 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas not all negotiating countries have ratified the core labour standards from the ILO which include freedom of association and the right to collective bargaining; the effective abolition of child labour; the elimination of all forms of forced or compulsory labour and the elimination of discrimination in respect of employment and occupation;
Amendment 79 #
Motion for a resolution
Recital G
Recital G
Amendment 84 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas several legal studies has put in question the compatibility of TISA with the existing WTO multilateral system;
Amendment 85 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas there is a growing public concern about the consequences of TiSA and other free trade agreements, which resulted in the 3.2 million signatures that are collected by the European Initiative against TTIP and CETA;
Amendment 89 #
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 internationalisationdisproportionately affect small and medium-sized enterprises, when exporting, but represent also a protection for their local or national business; and given that only the 13% of the small and medium- sized enterprises are exporters;
Amendment 95 #
Motion for a resolution
Recital I
Recital I
I. whereas the globalisation of value chains increases the import content of both domestic output and exportslevel of service liberalisation is already sufficient and further negotiation on liberalisations is not necessary;
Amendment 98 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas a reduction or cuts in public services and provisions usually shifts labour, costs and risks to the unpaid care and household economy, which is predominantly female and will consequently hinder gender equality;
Amendment 107 #
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, full access to negotiating documents, by maintaining constant and formal dialogue with civil society, and by setting clear guidelines in the negotiations;
Amendment 114 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the position of the corporate lobby and their influence on the negotiations is not necessarily in agreement with the interests of European citizens and their rights; whereas the corporate lobby seems to have more influence on the negotiation process than civil society;
Amendment 120 #
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 servicesdata protection is indispensable to trade in services and to ensure the people's right to privacy;
Amendment 126 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the European Parliament issued a resolution on 2013 (2013/2583(RSP) in which it was requested to the Commission to "follow up on its intention to prepare a sustainability impact assessment";
Amendment 127 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
M. whereas in most developing countries government is the main source of procurement for services, accounting for as much as 20% GDP, and can hence be an important tool for development of local micro, small and medium enterprises;
Amendment 128 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
N. whereas most part of the available information on TiSA has been leaked instead of being made available by the Commission;
Amendment 129 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
O. whereas the European Parliament has repeatedly called for overcoming the lack of transparency in negotiating processes related to international trade agreements such as GATS, TTIP and TiSA;
Amendment 143 #
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 levelrisk that TiSA represent for the multilateral agenda of the WTO;
Amendment 151 #
Motion for a resolution
Paragraph 1 – point a – point i a (new)
Paragraph 1 – point a – point i a (new)
ia. Calls on the Commission to stop the negotiations for a TiSA agreements since an agreement like this will endanger EU services standards, public services for EU citizens and the right to regulate of Member States;
Amendment 158 #
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, whichthat any agreement on services should unleash the untappedpossible potential of a more integrated global services market, while fully guaranteeing compliance with the EU acquis; to shape globalisation and to create international standards, while fully preserving the right to regulate; to secure increased market access for European services suppliers in key sectors of interest, while accommodating specific carve-outs for sensitive sectors;
Amendment 164 #
Motion for a resolution
Paragraph 1 – point a – point ii a (new)
Paragraph 1 – point a – point ii a (new)
iia. to guarantee democratic and accountability principles during the negotiations; to improve transparency on the negotiation process by making public all consolidated documents; calls on the EC to guarantee that citizens are duly informed and consulted during the negotiating process and before the initialling of the Agreement and to reject the US proposal to classify the negotiations documents for 5 years after the entry into force of TiSA
Amendment 165 #
Motion for a resolution
Paragraph 1 – point a – point ii b (new)
Paragraph 1 – point a – point ii b (new)
Iib. to guarantee that decisions and negotiations are taken as closely as possibly to the citizens and assure a consultation by the European Parliament;
Amendment 173 #
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 like the exclusive use of a positive list approach for all modes of services, market access and national treatment disciplines and by accepting new parties conditional on their acceptance of the agreed rules and level of ambitions; to incentivise wider participation in the talks by granting interested parties observer status; to note that both the highest barriers and the highest growth potential regarding trade in services are to be found in the BRICS and the MINT countries; to recognise the importance of those countries for the EU, as export destinations with a rising middle class, as sources of intermediate inputs and as key hubs in global value chains; to open the way for the participation of China, to ensure that any new trade agreement does not aim to go further that GATS in liberalisation, but to improve GATS by ensuring fair labour, social and environmental standards;
Amendment 179 #
Motion for a resolution
Paragraph 1 – point a – point iii a (new)
Paragraph 1 – point a – point iii a (new)
iiia. to ensure that negotiations maintain and strengthen fundamental role played by public services in the European Union;
Amendment 188 #
Motion for a resolution
Paragraph 1 – point a – point vi
Paragraph 1 – point a – point vi
Amendment 202 #
Motion for a resolution
Paragraph 1 – point a – point viii
Paragraph 1 – point a – point viii
viii. to publish aconduct an independent ex-ante sustainability impact assessment and, study on TiSA, during and once the negotiations are finalised, to update it accordingly, taking specific account of its impact on citizens and workers; to request Parliament’s research services to publish a comprehensive and informative study of the scope and potential impact of the TiSA negotiations;
Amendment 203 #
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 accordinglywith the greatest urgency and involve the outcomes in the negotiations, taking specific account of its impact on citizens and workers; to request Parliament’s research services to publish a comprehensive and informative study of the scope and potential impact of the TiSA negotiations;
Amendment 206 #
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 workers; to request Parliament’s research services to publish a comprehensive and informative study of the scope and potential impact of the TiSA negotiations also from a gender perspective and the need to tackle phaenomena such as the crystal ceiling and the gender pay gap;
Amendment 208 #
Motion for a resolution
Paragraph 1 – point a – point viii a (new)
Paragraph 1 – point a – point viii a (new)
viiia. to develop for a credible methodology in the social impact assessments promoted by the European Commission;
Amendment 209 #
Motion for a resolution
Paragraph 1 – point a – point viii b (new)
Paragraph 1 – point a – point viii b (new)
viiib. to ensure that developing countries have the prerogative of obtaining a differentiated treatment, such as it is recognized in art. IV of GATS, particularly regarding the dispositions on public procurement, market access and national treatment;
Amendment 227 #
Motion for a resolution
Paragraph 1 – point b – point i
Paragraph 1 – point b – point i
i. to exclude, in the body of the negotiating texts, all public services and cultural services from the scope of the negotiations, and to seek the further opening of foreign markets in telecommunications, transport and professional services;
Amendment 228 #
Motion for a resolution
Paragraph 1 – point b – point i
Paragraph 1 – point b – point i
i. to exclude public services and services of general interest, financial and cultural services from the scope of the negotiations, and to seek the further opening of foreign markets in telecommunications, transport and professional services;
Amendment 232 #
Motion for a resolution
Paragraph 1 – point b – point i a (new)
Paragraph 1 – point b – point i a (new)
i a. to clarify the definition of public services and cultural services so that this carve-out is comprehensive;
Amendment 235 #
Motion for a resolution
Paragraph 1 – point b – point i b (new)
Paragraph 1 – point b – point i b (new)
ib. to ensure that the carve-out of public services is applied not only to the European Union's services, but also to any other party;
Amendment 240 #
Motion for a resolution
Paragraph 1 – point b – point ii
Paragraph 1 – point b – point ii
ii. to ensure reciprocity at all levels, reciprocity with equal partners respecting similar social standards, but asymmetry with other players, while keeping flexibility for Developing Countries by including a specific provision on a special and differential treatment based on GATS Article IV; to condition any further commitments beyond the EU’'s current level of openness on the other parties’' proportionate offers; to support the while respecting other Parties' sensitivities; to support the use of making limited and cautious use of horizontal commitment- related provisions as a means to set a common level of ambitions, and to take note that such minimum requirements would set clear parameters for countries interested in participating as these would prevail over exclusions and reservations in the Parties' schedules of commitments and would make TiSA depart too much from GATS, thereby undermining multilateralisation prospects;
Amendment 250 #
Motion for a resolution
Paragraph 1 – point b – point iv
Paragraph 1 – point b – point iv
iv. to acknowledge thatexclude any standstill and ratchet clauses do not apply to market access commitmentsfrom the Treaty and recognize to all regional, national and local governments the full policy space to legislate;
Amendment 252 #
Motion for a resolution
Paragraph 1 – point b – point iv
Paragraph 1 – point b – point iv
iv. to acknowledge that standstill and ratchet clauses do not apply to market access commitments; calls on the Commission to oppose any type of standstill or ratchet clauses in the whole agreement the ensure the right to regulate of Member States;
Amendment 269 #
Motion for a resolution
Paragraph 1 – point b – point vi
Paragraph 1 – point b – point vi
Amendment 272 #
Motion for a resolution
Paragraph 1 – point b – point vi
Paragraph 1 – point b – point vi
vi. to take an ambi cautious approach in Mode 3 by seeking the removal of third-country barriers to establishment, such as foreign equity caps and joint venture requirementecause sectors like education, care and other primary needs should always be in public hands;
Amendment 278 #
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 bear in mind the need for sufficient policy space in this sensitive area; to acknowledge that the labour clause maintains the legal obligation of foreign service providers to comply with EU and Member State social and labour legislation, as well as with collective agreements; to enter into ambitious commitments for those cases which underpin Mode 3 commitments;
Amendment 292 #
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 as well as protocol 26 to the TFEU, current and future Services of General Interest as well as Services of General Economic Interest from EU commitments (including but not limited to water, water treatment, health, social services, social security systems and e, education, energy producation) and supply; to ensure that European, national and local authorities retain the full right to introduce, adopt, maintain or, repeal or extend any measures with regard to the commissioning, organisation, funding and provision of public services; to apply this exclusion irrespective of how the public services are provided and funded; to acknowledge that social security systems are entirely excluded from the scope of the negotiations;
Amendment 303 #
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 couldthat compiles with ILO core labour standards, and that explicitly excludes public services from the general scope of the agreement by a comprehensive and unequivocal exclusion in the core text of the agreement; this gold standard must be included in all trade agreements and would clarify that the public utilities clause applies to all modes of supply and to any services considered as public services by European, national or regional authorities and irrespective how these services are founded, organised and provided;
Amendment 312 #
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 cultural, audiovisual services, media, broadcasting and publishing from the scope of the agreement, irrespective of the technology or distribution platform used;
Amendment 317 #
Motion for a resolution
Paragraph 1 – point b – point xi a (new)
Paragraph 1 – point b – point xi a (new)
xia. to make the ratification, implementation and effective application of all ILO-Core labour standards imperative for any participant of the agreement;
Amendment 318 #
Motion for a resolution
Paragraph 1 – point b – point xi a (new)
Paragraph 1 – point b – point xi a (new)
xia. calls to carefully assess TiSA's impact on gender equality in Europe and women´s rights, in particular on those sectors such as education, household works, which will foremost affect women who are predominant in these sectors, and who are more dependent on public services in particular on child and elderly care, family counselling and abortion facilities;
Amendment 319 #
Motion for a resolution
Paragraph 1 – point b – point xi b (new)
Paragraph 1 – point b – point xi b (new)
xib. to ensure that the agreement does not limit the policy space for national, regional and local governments to respond to negative liberalisation experiences and to meet democratic demands for re-regulation (including re- municipalisation);
Amendment 320 #
Motion for a resolution
Paragraph 1 – point b – point xi c (new)
Paragraph 1 – point b – point xi c (new)
xic. to ensure that the agreement includes a simplified withdrawal procedure;
Amendment 324 #
Motion for a resolution
Paragraph 1 – point c – point i
Paragraph 1 – point c – point i
i. to ensure cross-border data flows, only if they are in compliance with the universal right to privacy therefore demands the exemption of data flows from the market access and national treatment commitments;
Amendment 325 #
Motion for a resolution
Paragraph 1 – point c – point i
Paragraph 1 – point c – point i
i. to ensure cross-border data flows, only if they are in compliance with the universal right to privacy;
Amendment 339 #
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 acknowledge that to incorporate, as a key priority, a comprehensive and unambiguous horizontal self-standing provision GATS Article XIV, which fully exempts the existing and future EU legal framework for the protection of personal data from these negotiations, will be replicated in the TiSA core textthout any condition that it must be consistent with other part of TiSA will be replicated in the TiSA core text; to apply such provisions to all other TiSA annexes;
Amendment 343 #
Motion for a resolution
Paragraph 1 – point c – point ii a (new)
Paragraph 1 – point c – point ii a (new)
iia. to reaffirm that the European Law on data protection will prevail over any disposition on the treaty and that the European Court of Justice can intercede if any data flow damages or could damage data protection;
Amendment 347 #
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 can be transferred outside the EU only if in full compliance with the data protection and security rules in force in Europe is guaranteed and respected; to ensure that citizens remain in control of their own data; to immediately formally reject, therefore, any ‘'catch-all’' provisions on data flows which are disconnected from any reference to the necessary compliance with data protection standards; to mirror the language used in the WTO Understanding on financial services;
Amendment 351 #
Motion for a resolution
Paragraph 1 – point c – point iii a (new)
Paragraph 1 – point c – point iii a (new)
iiia. to immediately and formally oppose the US proposals on movement of information and prohibition and local infrastructure in the e-commerce annex;
Amendment 360 #
Motion for a resolution
Paragraph 1 – point c – point v
Paragraph 1 – point c – point v
v. to recognise that digital innovation is a driver of economic growth and productivity in the entire economy; to recognise the need forat data flows; to seek, therefore, a comprehensive prohibition of forced data localisation requirementscalisation requirements can be in certain situations the only reliable way to assure data protection, and, therefore, must be allowed;
Amendment 368 #
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 Package, the General Data Protection Regulation and the 16 measures embedded in the communication on the Digital Single Market; to safeguard net neutrality and to guarantee that the EU retains its ability to limit prohibit the transfer of data from the EU to third countries where the rules of the third party do not meet EU adequacy standards and where alternative avenues, such as binding corporate rules or standard contractual clauses, are not used by companies;
Amendment 379 #
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 capsto consider that still in the EU member states there exists limitations concerning foreign equity caps and to apply a special and differential treatment of developing countries in this respect, by laying down pro-competitive wholesale access rules for incumbent operators’' networks, by providing clear and non- discriminatory rules for licensing, by guaranteeing the independence of regulators, and by supporting an extensive definition of telecommunications services covering all types of network;
Amendment 387 #
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;
Amendment 397 #
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 a contract and by domestic legislation and compelling with all ILO Core Standards and collective bargaining;
Amendment 399 #
Motion for a resolution
Paragraph 1 – point d – point ii
Paragraph 1 – point d – point ii
ii. to recall that Mode 4 commitments should be based on the economic needs test and should only apply to the movement of high-level professionals for a specific purpose, for a limited period of time and under precise conditions stipulated by a contract and by domestic legislation;
Amendment 411 #
Motion for a resolution
Paragraph 1 – point d – point iv a (new)
Paragraph 1 – point d – point iv a (new)
iva. to ensure that citizens will not be forced by the authorities or by medical insurance companies to receive medical treatment abroad, unless the medical treatment is not available in the home country;
Amendment 413 #
Motion for a resolution
Paragraph 1 – point d – point v
Paragraph 1 – point d – point v
Amendment 416 #
Motion for a resolution
Paragraph 1 – point d – point vi
Paragraph 1 – point d – point vi
Amendment 428 #
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 and guaranteeing fair competition between financial services providers; to bear in mind that the lack of regulation in the financial services was among the main causes of the 2008 financial crisis;
Amendment 431 #
Motion for a resolution
Paragraph 1 – point e – point i a (new)
Paragraph 1 – point e – point i a (new)
ia. to ensure the respect of UNCTAD principles on responsible sovereign lending and borrowing; to ensure the mutual responsibility of lenders and borrowers in all financial services; to ensure debt sustainability; to take all measurements to avoid tax evasion, tax avoidance and money laundry through tax heavens; not to take further commitments to liberalise financial services and provision for their regulations in trade agreements;
Amendment 432 #
Motion for a resolution
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
ia. to exclude financial services from the TiSA negotiations;
Amendment 433 #
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 any existing or future financial regulation, and that regulators retain the ability amongst others to authorise or deny any new financial product and to impose certain legal forms (e.g. restructuring requirements);
Amendment 439 #
Motion for a resolution
Paragraph 1 – point e – point iii
Paragraph 1 – point e – point iii
iii. to replicate the GATSset a prudential carve- out so as tomechanism that allows parties to deviate from their trade commitments when this is necessary for prudential reasonsey judge that the financial stability is at stake; to take into account that GATS prudential carve-out wording did not allow enough flexibility to be enforceable;
Amendment 452 #
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 cases;
Amendment 463 #
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 469 #
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 servicebut to ensure the right to regulate all signatories, whereas regulation is needed to protect workers, environment and the privacy of citizens; to address restrictions in the cabotage sector and to avoid carriers returning empty from their host country, in particular in the Annex on maritime transport;
Amendment 470 #
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; to address restrictions while preserving the cabotage sector and to avoid carrright of public authoritiers returning empty from their host country, in particular in the Annex on maritimeto regulate over transport and guarantee public transportation;
Amendment 482 #
Motion for a resolution
Paragraph 1 – point f – point vi
Paragraph 1 – point f – point vi
vi. to strike the right balance between the liberalisation of the competitive postal sector and the protection of national monopolies; therefore to prevent anti- competitive cross-subsidisation and to ensure the recognition of universal service obligations as defined by each partyimportance of public postal sector and to ensure universality of postal services;
Amendment 488 #
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; calls on the Commission to make sure that the right to regulate is ensured in all negotiation documents, not only in the preamble;
Amendment 491 #
Motion for a resolution
Paragraph 1 – point g – point i a (new)
Paragraph 1 – point g – point i a (new)
ia. to oppose the classification of municipal, regional or national provisions of land use and regional development or land-use plans as non-tariff barriers to trade, and to oppose restrictions to cross- subsidisation of undertakings under the same local authority where they exceed the restrictions existing under EU and national laws;
Amendment 499 #
Motion for a resolution
Paragraph 1 – point g – point ii a (new)
Paragraph 1 – point g – point ii a (new)
iia. to ensure policy space to implement regulation for the protection of civil society;
Amendment 507 #
Motion for a resolution
Paragraph 1 – point g – point iii
Paragraph 1 – point g – point iii
iii. to recognise that the domestic regulation chapter is necessary to prevent parties from implementing disguised trade barriers and imposing unnecessary burdens on foreign companies, in particular when they apply for different types of permitsright to regulate should not be endangered by the domestic regulation chapter; and reject the introduction of "necessity tests" for domestic regulation;
Amendment 510 #
Motion for a resolution
Paragraph 1 – point g – point iii a (new)
Paragraph 1 – point g – point iii a (new)
iiia. to reject the domestic regulation annex
Amendment 520 #
Motion for a resolution
Paragraph 1 – point g – point v a (new)
Paragraph 1 – point g – point v a (new)
va. recalls the superiority of the European Human Charter on Human Rights over any international treaty and calls the European Court of Justice to effectively guaranty this juridical supremacy;
Amendment 527 #
Motion for a resolution
Paragraph 1 – point g – point viii
Paragraph 1 – point g – point viii
viii. to ensure that administrative fees charged to foreign companies are fair, that remedies making it possible to file a complaint in national courts exist, and that rulings are delivered in a reasonable period of time; while assuring that licencing fees can be used for socially legitimate goods such as cross-financing or shaping an economic sector or social practice;
Amendment 529 #
Motion for a resolution
Paragraph 1 – point g – point ix
Paragraph 1 – point g – point ix
ix. to maintain the EU practice of carrying out public consultations prior to legislative proposals; to ensure that the outcomes of these consultations will be observed closely during the negotiations;
Amendment 530 #
Motion for a resolution
Paragraph 1 – point g – point ix
Paragraph 1 – point g – point ix
ix. to maintain the EU practice of carrying out public consultations prior to legislative proposals, without giving privileged access to trade and other commercial interests;
Amendment 536 #
Motion for a resolution
Paragraph 1 – point x a (new)
Paragraph 1 – point x a (new)
xa. to ensure that universal service is safeguarded, so that for instance people living in remote regions, border areas, islands or mountainous areas enjoy the same standard service and do not pay more that people living in urban areas;
Amendment 544 #
Motion for a resolution
Paragraph 1 – point h – point ii
Paragraph 1 – point h – point ii
Amendment 552 #
Motion for a resolution
Paragraph 1 – point h – point ii a (new)
Paragraph 1 – point h – point ii a (new)
iia. to ensure protection of EU small and medium sized service providers from unfair trading practices from services providers from outside the EU. For example by an article ensuring strict supervisory authorities and competition authorities. This article should at least contain the GATS Art. IX on 'Business practices'.
Amendment 557 #
Motion for a resolution
Paragraph 1 – point h – point iii a (new)
Paragraph 1 – point h – point iii a (new)
iiia. to ensure that upcoming procurement commitments do not overcome any local or national law of any party;
Amendment 558 #
Motion for a resolution
Paragraph 1 – point h – point iii a (new)
Paragraph 1 – point h – point iii a (new)
iiia. to acknowledge that TiSA will be a danger for workers’ rights in Europe since some of the negotiating countries haven't ratified the core labour standards of the ILO; ensure that all signatories of the TiSA agreement have ratified the core labour standards from the ILO which include freedom of association and the right to collective bargaining; the effective abolition of child labour; the elimination of all forms of forced or compulsory labour and the elimination of discrimination in respect of employment and occupation;
Amendment 559 #
Motion for a resolution
Paragraph 1 – point h – point iii b (new)
Paragraph 1 – point h – point iii b (new)
iiib. to ensure that the public procurement to ensure that the recently adopted EU rules on public procurement are shielded and supported in the framework of the negotiations, in particular regarding SMEs' access to public contracts, eligibility criteria based on the best quality-price ratio instead of the cheapest price, reserved markets allocated to social economy undertakings, the possibility for contractual authorities to foster inter- community cooperation, and the preservation of thresholds for tendering exclusion from EU and international rules;
Amendment 581 #
Motion for a resolution
Paragraph 1 – point i – point iv
Paragraph 1 – point i – point iv
iv. to welcomelimit the continuous engagement of the EU institutions with a wide range of stakeholders throughoutlobby groups throughout the negotiation process, and to ensure that other stakeholders are not any more left from the negotiation process;
Amendment 582 #
Motion for a resolution
Paragraph 1 – point i – point iv
Paragraph 1 – point i – point iv
iv. to welcome the continuous engagement of the EU institutions with a wide range of stakeholders throughout the negotiation process; to ensure that the negotiators allow equitable access and engagement to all relevant stakeholders;
Amendment 586 #
Motion for a resolution
Paragraph 1 – point i – point v
Paragraph 1 – point i – point v
v. to encourage the Member States to involve their national parlia, regional and local parliaments by granting access to all negotiating documents and to keep them adequately informed about the ongoing negotiations;
Amendment 587 #
Motion for a resolution
Paragraph 1 – point i – point v
Paragraph 1 – point i – point v
v. to encourage the Member States to involve their national parliaments and to keep them adequately informed about the ongoing negotiations; call on the Council to ensure that TiSA will be a mixed agreement;
Amendment 591 #
Motion for a resolution
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
to withdraw from TiSA negotiations if all the above recommendations are not respected;
Amendment 593 #
Motion for a resolution
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
to oppose any intent of ratcheting up the coverage of the Agreement through the implementation of a ‘most favoured nation’ status, thereby ensuring that the worst aspects of the eventually ratified CETA, TTIP and TPP could be incorporated into the text;
Amendment 596 #
Motion for a resolution
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
to strongly oppose any possibility of ratcheting up the coverage of the Agreement through the implementation of ‘most favoured nation’ status, thereby ensuring that the worst aspects of the eventually conclude CETA, TTIP or TPP could be incorporated in TiSA;
Amendment 597 #
Motion for a resolution
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
to strongly oppose any intent of ratcheting up the coverage of the Agreement through the implementation of ‘most favoured nation’ status thereby ensuring that the worst aspects of the eventually approved CETA, TTIP and TPP could be incorporated into the text;
Amendment 598 #
Motion for a resolution
Paragraph 1 – subparagraph 2 (new)
Paragraph 1 – subparagraph 2 (new)
to ensure that legal disputes affecting compliance with this agreement to be referred to the public courts of the place of the defendant's registered office, and for proceedings to be conducted in the defendant’s language and governed by the laws in force in the defendant's country; to ensure that the right of appeal is safeguarded;