Activities of Viola VON CRAMON-TAUBADEL related to 2023/0260R(NLE)
Shadow reports (1)
INTERIM REPORT on the proposal for a Council decision on the conclusion, on behalf of the European Union, of the Advanced Framework Agreement between the European Union and its Member States, of the one part, and the Republic of Chile, of the other part
Amendments (33)
Amendment 5 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to its resolution of 23 June 2022 on the Future of EU international investment policy,
Amendment 9 #
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
– having regard to the UN Framework Convention on Climate Change, including the Paris Agreement of 2015,
Amendment 10 #
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
– having regard to the UN Convention on Biological diversity and its Kunming-Montreal Global Biodiversity Framework of 2022,
Amendment 18 #
Motion for a resolution
Recital B
Recital B
B. whereas the modernised EU-Chile Advanced Framework Agreement (‘the Agreement’) has the potential to considerably strengthen cooperation between Chile and the EU and extend it to new areas, promoting common values and principles;
Amendment 24 #
Motion for a resolution
Recital C
Recital C
C. whereas the EU is Chile’s third largest trading partner and its largest source of foreign direct investment; whereas the EU and Chile share a commitment to promoting an open, sustainable, rules- and values-based multilateral trading system with the World Trade Organization (WTO) at its core; whereas according to the SIA, the EU largest gains in value-added are in the machinery and automotive sectors, while Chile’s main export gains will come from a handful of goods sectors such as vegetables, fruits and nuts, beverages and tobacco;
Amendment 28 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the EU has reformed investment protection provisions, replaced ISDS with the investment court system (ICS) and launched multilateral negotiations for an investment court, which are significant steps in the right direction for a modernised and sustainable investment policy; whereas much more remains to be done to advance this reform agenda, notably with regard to substantive rights and obligations for investors; whereas the ICS will replace the old bilateral investment protection treaties that Chile has concluded with 16 EU Member states;
Amendment 30 #
Motion for a resolution
Recital D
Recital D
D. whereas Chile is one of the world’s most open economies and depends strongly on international trade; whereas over the past decades, export-oriented agriculture has progressively increased and this trend has gone hand in hand with a decrease of local family farming; whereas agriculture and mining are key sectors for the Chilean economy and their expansion as a result of the trade agreement could further push the asymmetries between the EU's and the Chilean economies and lead to increased environmental pressure especially on fresh water, ecosystems, local communities and smallholder farms; whereas these risks must be carefully addressed and closely monitored;
Amendment 36 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas Chile is the EU’s main lithium provider and already now there is a zero tariff on trade in lithium products between the EU and Chile; whereas most of the expected gains for the EU in this sector will come from new disciplines such as investment protection, the prohibition of export and import monopolies, the restriction of dual prices and the elimination of export restrictions to the EU; whereas it is in the interest of both Chile and the EU to foster Chile’s ability to build up its own domestic industrial capacity in this sector, in particular by generating value added through the domestic processing and transformation of raw materials;
Amendment 38 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas according to the UN Office for Coordination of Humanitarian Affairs (OCHA), out of all South American countries, Chile experienced by far the worst increase in drought severity between 2010 and 2019; whereas increased mining and extractive activities, in particular in the lithium sector, will most likely affect the availability and quality of fresh water for local communities;
Amendment 42 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the EU’s approach to TSD chapters aims at making the respect of ILO core labour rights and of the Paris Agreement essential elements of trade agreements;
Amendment 43 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas trade and investment policies should contribute to raising social, environmental and animal welfare standards and ensure full respect for fundamental rights, particularly local communities and indigenous peoples’ rights, the right to adequate food and the rights of peasants and other people working in rural areas;
Amendment 46 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights the geopolitical significance of strong bi-regional relations between the EU and the countries of Latin America and the Caribbean, and the political importance of robust bilateral relations between the EU and Chile based onthat promote the highest social and environmental standards including through the modernisation of the association agreement, among others;
Amendment 52 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that the EU’s strategy for Latin America and the Caribbean needs to be implemented swiftly based on joint priorities; highlights the importance of joining forces with CELAC countries to promote peace and security, democracy, the rule of law and human rights, as well as to tackle global challenges such as climate change, the biodiversity crisis, gender based violence and corruption;
Amendment 63 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the 2002 EU-Chile Association Agreement has been a success story, as it provides a clear legal framework for regular dialogues and allows discussion on many areas of common interest;
Amendment 65 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the fact that the Agreement contains robust provisions on democratic principles, human rights and the rule of law, as well as a commitment to prot; notes nevertheless the lack of concrete provisions that enable indigenous peoples and local communities to be consulted in accordance with the ILO convention 169 on the Rights of Indigenous Peoples; urges for the full respect of the rights ofFree, Prior and Informed Consent (FPIC) of local communities and indigenous peoples;
Amendment 69 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Highlights that the Advanced Framework Agreement will be implemented in complex social contexts; stresses, in this regard, that the role of human rights defenders and whistle- blowers, among others, is crucial and needs to be protected;
Amendment 81 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Regrets the lack of binding commitments or mandatory actions with regard to part II: Political dialogue and sectoral cooperation; reiterates the need to have a coherent general architecture linking the different parts of the agreement in order to ensure the enforceability of the human rights commitments;
Amendment 88 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Welcomes that the TRQs for beef and sheep no longer include an automatic annual increase, as this is now replaced by a fixed amount that will ensure a more stable and clearly limited market access for Chilean meat products in the future; regrets that there has been no inclusion of animal welfare and environmental conditions to be applied to specific market concessions, as was done in the Agreement with New Zealand in excluding import of meat from intensive feedlot systems; stresses the importance of making trade concessions conditional on meeting production standards equal to those in the EU; calls for the inclusion of animal welfare and environmental conditions to be applied to future or revised trade concessions;
Amendment 92 #
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Welcomes the commitment of the Parties to phase out antibiotics as growth promoters in animal production and urges the Parties to develop joint action plans towards that aim;
Amendment 97 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the inclusion of a stand- alone dedicated chapter on trade and gender, the first of its kind in an EU trade agreement, which includes a number of binding commitments to eliminate discrimination against women, promote women’s economic empowerment and ensure that international trade benefits all; expects the Commission to build on this precedent in all future trade negotiations; notes however that these commitments are not legally enforceable as there are no legal consequences in the event of breach of its provisions;
Amendment 101 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines the relevance of cooperating in the area of sustainable food systems; welcomes the new stand-alone chapter on Sustainable Food Systems, in which the EU and Chile agree on a range of cooperation priorities on aspects such as antibiotics, animal welfare, the sustainability of the food chain and on pesticides; regrets, however, that the ambition falls short of the Farm to Fork Strategy and remains focused on cooperation; calls on both parties to develop an ambitious cooperation plan on sustainable food systems aiming to ensure that the trade agreement does not contradict a strategy towards sustainable home-grown fruit and vegetables, promoting healthy quality food and regenerative agricultural practices; considers that cooperation on SFS is an opportunity to make effective progress on the commitments set in the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas and agriculture-oriented ILO Conventions such as C129 on labour inspection in agriculture, C010 on minimum age in agriculture and C011 on the right of association in agriculture;
Amendment 111 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Emphasises that the provisions on investment liberalisation and investment protection willshould further boost investment in both directions by guaranteeing that investors from both sides will be granted fair and non-discriminatory treatment; stresses that these provisions are fully aligned with the EU’s reformed approach on investment protectionclosely follow the EU’s reformed approach on investment protection, which includes the creation of a fixed roster of arbitrators, an appeal mechanism, a code of conduct for arbitrators and improved transparency in arbitration proceedings; regrets however that the protection standards for investors contain the commitments to “fair and equitable treatment” and “indirect expropriation”, hence well beyond non- discrimination, which still allow a large margin of interpretation to arbitrators and risk damaging the legitimate right to regulate for public authorities; highlights that the ICS still constitutes international arbitration and stresses that, unlike in national courts, arbitrators on the ICS roster would have discretion not to necessarily take into consideration relevant public interest laws when interpreting the substantive provisions enshrined in IIAs; regrets that arbitrators would still be paid on a case-by-case basis;
Amendment 114 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Regrets that the scope of the “covered investment” concept remains very broad and, contrary to other recent Investment protection chapters such as the one negotiated with Canada, protects speculative investments such as futures, options and other derivatives and short term investments, such as portfolio investments, that do not necessarily involve substantial presence of the investor in Chile;
Amendment 116 #
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Stresses that global efforts to combat climate change will require a rapid transition to renewable energy and fast government action to reduce reliance on fossil fuels; urges the Parties to ensure alignment of Investment protection provisions with environmental policies, labour rights and human rights; Regrets that the Agreement allows protection for investments in fossil fuels and in other economic activities that are harmful to the environment according to the EU legislative framework;
Amendment 120 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Highlights that the Agreement preservescontains provisions dealing with the right of governments to regulate in the public interest, for example in order to protect public health, consumers or the environment; underlines, however, that these provisions do not prevent states from having to comply with obligations established under the investment protection chapter, nor do they preclude investment claims or damages following the exercising of that right; is concerned that policy decision-making might therefore be delayed or decisions watered down;
Amendment 123 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Emphasises that EU and Chilean companies will be able to benefit from improved access to public procurement markets for goods, services and work at (sub-)central level; highlights the enhanced transparency requirements; stresses the need to take into account environmental and social considerations throughout the procurement procedure;
Amendment 126 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Regrets that patent protection periods established in the Intellectual property Rights chapter go beyond WTO requirements and could have negative impact in terms of access to affordable medicines;
Amendment 130 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Highlights that Chile has the potential to play a major role in the global green and just transitions, that should equally benefit the development of its own industrial capacities along with high social and environmental standards; notes that the development and scaling up of the Chilean renewable energy sector will require massivesufficient policy space and massive predictable and sustainable development- oriented investments, including from EU companies; welcomes the creation of a European initiative for the development of renewable hydrogen in Chile;
Amendment 132 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Emphasises Chile’s leading role as a major supplier of critical raw materials, including those that are essential for the green and digital transitions, such as lithium and copper; stresses that the Agreement will ensure non-discriminatory access of EU companies to Chilean raw materials, while; notes with concern that the provisions dealing with dual pricing and export monopoly restrictions do not leavinge sufficient policy space for Chile to create local added value; believes that the EU should and develop further its local industrial capacity in order to move away from its current role of raw material supplier; regrets that current lithium mining projects do not require the involvement or consultation of indigenous populations, which is not in line with ILO convention 169 on the Rights of Indigenous Peoples and the UN Free Prior and Informed Consent Principle and calls on the parties to recognise and fully respect these rights throughout the Agreement; calls on the EU to actively support Chile in its efforts to move up the value chain; is convinced that the exploitation of raw materials should go hand in hand with efforts to reduce energy use, should be carried out in an environmentally and socially sustainable manner, and that it should benefit local communities, including indigenous communities; in this regard, calls on the Parties to swiftly develop a roadmap, involving Chilean civil society and local communities, with the aim of minimising and mitigating the negative impact of the mining sector on the environment, in particular on water and biodiversity, and on access to land and public health for local communities and indigenous peoples;
Amendment 139 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the factNotes that the chapter on trade and sustainable development (TSD) contains ambitious and binding commitments on environmental and labour standards that are outcome oriented; regrets however that the core ILO conventions and the Paris Agreement are not essential elements of the Agreement, as these are not subject to the general dispute settlement mechanism; regrets that the TSD chapter does not include any obligation to refrain from any action or omission which materially defeats the object and purpose of the Paris Agreement; notes that in their joint statement on trade and sustainable development attached to the Agreement, the EU and Chile commit to reviewing the Agreement’s TSD provisions upon itsthe entry into force of the interim trade agreement;
Amendment 148 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes the inclusion of the rights of indigenous peoples under the TSD chapter; notes that ILO Convention No 169 is but regrets that this provision is not legally enforceable; regrets that ILO Convention No 169 and the UN Free Prior and informed consent principle enshrined in the UN Declaration on the rights of Indigenous Peoples (UNDRIP) are not explicitly mentioned; acknowledges that this convention isand the UN Declaration are key for upholding the rights of indigenous peoples in Chile and the EU when it comes to our trade relations; stresses the importance of abiding by ILO Convention No 169 and UNDRIP; stresses that the provisions of the TSD chapter in relation to Biological diversity and in particular on the preservation of indigenous and local communities practices and knowledge and on the fair and equitable sharing of benefits from the use of genetic resources in consistency with the objectives of the Convention on Biological Diversity should guide the interpretation of the IPR chapter of the Agreement;
Amendment 151 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Notes that in the joint statement, both sides commit to considering the possibility of including the Paris Agreement on Climate Change as an essential element of the Agreement in the context of the review of the TSD provisions, as well as the provisions on investment protection; expects the TSD review to make the TSD chapter subject to the general dispute settlement chapter; calls on the Parties to implement such review as soon as possible in the framework of the interim FTA; calls on both Parties to review the Investment protection provisions in line with Parliament recommendations in its “Future of EU international investment” report;
Amendment 152 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. Welcomes an institutionalised mechanism for involving civil society organisations in the implementation of the Agreement; calls on the Commission and on the Chilean authorities to ensure the active and meaningful involvement of civil society, including NGOs and indigenous representatives, in the monitoring of the Agreement’s implementation; calls on the Commission to evaluate the functioning of DAGs in EU trade Agreements already in place in the region in order to identify shortcomings in this regard and take necessary measures to correct them;