[ParlTrack]

Laima Liucija ANDRIKIENĖ, Christofer FJELLNER

Motion for a resolution
Recital C a (new)

Ca. whereas multilateral investment agreements, such as the Energy Charter Treaty, play an important role in facilitating international investment flows by providing investment protection mechanisms that are supported by binding dispute resolution in independent forums,

2011/02/09
Committee: INTA

Christofer FJELLNER

Motion for a resolution
Recital C a (new)

Ca. whereas after the first dispute settlement cases of the 1990s a number of problems became clear, particularly concerning the possibility of conflict between private interests and the regulatory tasks of public authorities, for example in cases where the adoption of legislation led to a state being condemned by international arbitrators for ‘indirect expropriation’,

2011/02/09
Committee: INTA

Christofer FJELLNER

Motion for a resolution
Recital E

E. whereas some Member States use broad definitions of the term ‘foreign investor’, with a simple postal address deemed sufficient to determine the nationality of an enterprise, whereas this has enabled some enterprises to file suits against their own countries via BITs signed by third countries, whereas investors have also used this technique to select the BITs most conducive to filing a complaint,deleted

2011/02/09
Committee: INTA

Christofer FJELLNER

Motion for a resolution
Paragraph 5

5. Considers that the same high level of protection should not be granted to all kinds of investments and that, for example, portfolio investment and intellectual property rights should be excluded from the scope of future international investment agreements signed by the EU;deleted

2011/02/09
Committee: INTA

Laima Liucija ANDRIKIENĖ, Christofer FJELLNER

Motion for a resolution
Paragraph 6 a (new)

6a. Takes the view that in order not to create legal uncertainty for on-going claims, investments made under current Bilateral Investment Treaties should continue to be covered by the investment protection measures contained therein; stresses that new treaty provisions on investment protection should only affect investments made after the date the treaty comes into force;

2011/02/09
Committee: INTA

Laima Liucija ANDRIKIENĖ, Christofer FJELLNER

Motion for a resolution
Paragraph 8 a (new)

8a. Stresses the need to include an investor-to-state dispute settlement mechanism in new EU investment treaties that would allow investors to take claim against a government directly to binding international arbitration in order to ensure effective enforcement of investment commitments;

2011/02/09
Committee: INTA

Christofer FJELLNER

Motion for a resolution
Paragraph 8 a (new)

8a. Stresses the need to guarantee that any new EU investment treaty must not abrogate the highest level of protection enjoyed by European investors under current bilateral investment treaties;

2011/02/09
Committee: INTA

Christofer FJELLNER

Motion for a resolution
Paragraph 9

9. Doubts whether the request expressed by the Council in its conclusions on the Communication – that the new European legal framework should not negatively affect investor protection and guarantees enjoyed under the existing agreements – constitutes an achievable objective; considers that with such a broad and undefined criterion any new agreement could be opposed;deleted

2011/02/09
Committee: INTA

Laima Liucija ANDRIKIENĖ, Christofer FJELLNER

Motion for a resolution
Paragraph 12

12. Considers, however, that the so-called ‘umbrella clause’, which enables integration into the scope of a BIT of all the private-law contracts concluded between an investor and the signatory state of the BIT and makes international arbitration possible if such a contract is violated, should be kept out of any future investment agreement concluded by the EU;deleted

2011/02/09
Committee: INTA

Laima Liucija ANDRIKIENĖ, Christofer FJELLNER

Motion for a resolution
Paragraph 15

15. Expresses its deep concern regarding the decision by some international arbitrators to make a broad interpretation of investor protection clauses, thereby leading to the ruling out of legitimate public regulations; calls on the Commission to produce clear definitions of investor protection standards in order to avoid such problems in the new investment agreements;

2011/02/09
Committee: INTA

Christofer FJELLNER

Motion for a resolution
Paragraph 16

16. Calls on the Commission to include in all future agreements specific clauses laying down the right of the EU and its Member States to regulate, inter alia, in the areas of protection of the environment, public health, workers’ and consumers’ rights, industrial policy and cultural diversity;deleted

2011/02/09
Committee: INTA

Christofer FJELLNER

Motion for a resolution
Paragraph 17

17. Underlines that the Commission shall establish a list of sectors not covered by future agreements, for example sensitive sectors such as culture, education and those sectors which are strategically important for national defence; notes that the EU should also be aware of the concerns of its developing partners and should not call for more liberalisation if the latter deem it necessary for their development to protect certain sectors, particularly public services;deleted

2011/02/09
Committee: INTA

Christofer FJELLNER

Motion for a resolution
Paragraph 19

19. Reiterates, with regard to the investment chapters in wider free trade agreements (FTAs), its call for a corporate social responsibility clause and legally binding social and environmental clauses to be included in every FTA the EU signs;deleted

2011/02/09
Committee: INTA

Christofer FJELLNER

Motion for a resolution
Paragraph 20

~~20. Requests that such clauses also be included in stand-alone investment agreements, in chapters to which the dispute settlement mechanism applies;~~deleted

2011/02/09
Committee: INTA

Laima Liucija ANDRIKIENĖ, Christofer FJELLNER

Motion for a resolution
Paragraph 22

22. Believes that major changes must be made to the present dispute settlement regime, in order to include greater transparency, the opportunity for parties to appeal, the obligation to exhaust effective local judicial remedies (where relevant), the possibility to use amicus curiae briefs and the obligation to select one single place of arbitration;

2011/02/09
Committee: INTA

Christofer FJELLNER

Motion for a resolution
Paragraph 24

24. Asks the Commission to propose solutions enabling trade unions and civil society organisations to bring actions against those investors that do not comply with their social and environmental commitments;deleted

2011/02/09
Committee: INTA

16 Amendments of Christofer FJELLNER related to 2010/2203(INI)

ParlTrack - 2011-2024