28 Amendments of Robert STURDY related to 2013/2674(RSP)
Amendment 14 #
Motion for a resolution
Recital F
Recital F
F. whereas the negotiation of this investment agreement can give rise to public concerns and thus requires the highest possible level of transparencyon investment protection and market access should be conducted with the highest possible level of transparency in order to enable needed parliamentary oversight, thus fulfilling one of the preconditions for a possible consent of the European Parliament to the outcome of the negotiation;
Amendment 16 #
Motion for a resolution
Recital G
Recital G
G. whereas investors must respect both the laws of the host country in order to be covered by the protection of an investment agreement concluded by the EUand the provisions of any agreement concluded by the EU and China once it enters into force in order to fully benefit from the best possible protection of their investments;
Amendment 19 #
Motion for a resolution
Recital H
Recital H
H. whereas an investment agreement should also include investor obligations, in particularcluding with regard to respecting trade union and other labour rights, transparency and the protection of the environment as defined in the law of each of the two Parties and be concluded in compliance with WTO rules and other relevant international agreements and core conventions signed and ratified by them;
Amendment 25 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the strengthening of economic relations between the European Union and China; calls on the EU and on China to pursue a relationship of partnership, regular high-level dialogue, and mutual benefits rather than engage in fierceunfair competition and confrontation;
Amendment 31 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that Chinese enterprises perceive the Union generally as a stable investment environment, but also deplore the existence of certain trade barriers to the European market, such as technical obstacles to trade and barriers erected to block third country investments in certain Member States; calls in this regard on the Union to eliminate all unjustified non-tariff barriers to trade and investment in the EU by foreign parties, but points out that Member States may have legitimate security concerns that justify total or partial exclusion of some sectors from foreign investment on a temporary or long-term basis;
Amendment 39 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that the main form in which foreign companies are allowed to set up in China is through joint ventures; is convinced that further openness by China on the joint venture mechanism, combined with better protection of intellectual property rights (IPR), is crucial and would be mutually beneficial, and would favour a greater level of integration of the European and Chinese economies;
Amendment 45 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the Commission to negotiate an ambitious and balanced EU-China investment agreement that seeks to create better environment for EU investors in China and vice versa, including improved access to the market, and to guarantee transparency regarding governance of Chinese companies both state owned and private ones which invest within the EU whilst increasing the level of reciprocal capital flows; insists also on better law enforcement in order to ensure fair competition between public and private actors, curtail corruption and enhance legal certainty and predictability of the business climate in China;
Amendment 49 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that guaranteeing the rule of law for all EU and Chinese investors and citizens, without prejudice to the right of the parties to adopt and enforce measures necessary to pursue legitimate public policy interests, provided that such measures do not nullify the benefits accruing from the commitments of the parties, must remain the priority;
Amendment 62 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. NotWelcomes that the expected improvement in certainty will help SMEs to invest abroad, and notstresses in this regard that the voice of SMEs must be heard during negotiations so that the agreement to be concluded fosters the internationalisation of those SMEs that are willing to access the other Party's market and meet the demand for goods and services of a diverse clientele; highlights also in this context the need to promote better consumer awareness and safety, thus enabling citizens on both sides to make an educated choice;
Amendment 66 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that investment agreements concluded by the EU must respect the capacity for public intervention, in particular when pursuing public policy objectives such as social, environmental, human rights, fight against counterfeiting, security, workers' and consumers' rights, public health and safety, industrial policy and cultural diversity; calls to include respective specific clauses into this agreement provided that such measures do not nullify the benefits accruing from the commitments of the parties;
Amendment 67 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that investment agreements concluded by the EU must respect the capacity for public intervention, in particular when pursuing public policy objectives such as social, environmental, human rights, security, workers' and consumers' rights, public health and safety, industrial policy and cultural diversity; calls to include respective specific clauses into this agreement provided that such measures do not nullify the benefits accruing from the commitments of the parties;
Amendment 73 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends that with regard to market access, both pParties may exclude certain sectors from the liberalisation commitments;commit to appropriate phasing-in periods and transitional arrangements for certain sectors to ease the path to full or partial liberalisation therein; acknowledges also that both Parties may not take commitments in certain sectors.
Amendment 79 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that nothing in the agreement shall prevent the Parties from defining and implementing policies for the promotion and protection of cultural diversity, including taking only reciprocal commitments in the cultural services sector and audiovisual services subsector, while negotiating relevant carve-outs for sensitive cultural and audiovisual products;
Amendment 83 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for a clause that an investor shall provide suchrelevant information to a potential host State party as that party may require concerning the investment in question for purposes of decision-making in relation to that investment or solely for statistical purposes, while the Party shall protect any confidential business information from any disclosure that would prejudice the competitive position of the investor or the investment;
Amendment 85 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its call for a binding corporate social responsibility clause and effectiveCalls on both Parties to implement a sustainable and inclusive investment strategy that should include a corporate social responsibility clause with concrete guidelines for investors as well as an efficient assessment methodology for public authorities overseeing the resulting investments in terms of their social and environmental clausesimpact;
Amendment 90 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines the need for the EU- China bilateral investment agreement to deliver on both sustainable growth and job creation, and to foster synergies and positive spill-over effects with other regional trade and investment agreements to which the EU or China are party; stresses in this regard the window of opportunity which the EU-China bilateral investment agreement represents with respect to the prospects of triangular economic integration between China, Taiwan, and the EU in the longer term;
Amendment 92 #
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 94 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Reminds and stresses the need for all investors to fully comply with the law of the host Party at the local, regional, national and where applicable supranational level and warns investors that failure to respect the rule of law shall be subject to civil actions for liability in the judicial process of the relevant jurisdiction for any unlawful acts or decisions made in relation to the investment, including cases where such acts or decisions lead to significant environmental damage, personal injuries or loss of life;
Amendment 95 #
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 96 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Insists that the EU-China bilateral investment agreement must comply with the EU acquis, including social and environmental legislation in force, and that neither Party shall fail to effectively enforce its legislation in these areas, so that all provisions of this agreement encourage lawful establishment, acquisition, expansion, or retention of an investment in the respective territory of both Parties, and foster best entrepreneurial practices and business fair play;
Amendment 101 #
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 104 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers as a key priority to include in the scope of the EU-China bilateral investment agreement effective state-to- state and investor-to-state dispute settlement mechanisms to prevent, on the one hand, that frivolous claims lead to unjustified arbitrations, and to ensure, on the other hand, that all investors have access to a fair trial, followed by enforcement of all arbitration awards without delay;
Amendment 105 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers as a key priority to include in the scope of the EU-China bilateral investment agreement effective state-to- state and investor-to-state dispute settlement mechanisms to prevent, on the one hand, that frivolous claims lead to unjustified arbitrations, and to ensure, on the other hand, that all investors have access to a fair trial, followed by enforcement of all arbitration awards without delay;
Amendment 106 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Calls on the EU and China to jointly establish an early warning mechanism in order to give themselves a chance to pro- actively solve any arising dispute on trade or investment at the earliest possible stage using all appropriate measures, including soft power and trade diplomacy;
Amendment 107 #
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Considers also that the EU-China bilateral investment agreement shall include provisions for out-of-court dispute settlement to foster swift, affordable and amicable dispute resolution between parties that freely decide to have recourse to it;
Amendment 109 #
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 110 #
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 116 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Expresses its view that once concluded and fully ratified, an EU-China investment agreement would replace all existing bilateral investment agreements between individual EU Member States and China in line with Union law;