19 Amendments of Daniel CASPARY related to 2010/2203(INI)
Amendment 6 #
Motion for a resolution
Recital C
Recital C
C. whereas it is generally acknowledged that inward investment improves host countries’ competitiveness but outward investment may exacerbate adjustment costs for low-skilled workers,
Amendment 13 #
Motion for a resolution
Recital D
Recital D
D. whereas Articles 206 and 207 TFEU do not define FDI, whereas the Court of Justice of the European Union has specified its understanding of the term FDI, on the basis of three criteria: it should be considered as a long-lasting investment, representing at least 10 % of the affiliated company’s equity capital / shares and providing the investor with managerial control over the affiliated company’s operations, whereas this definition is in line with those of the IMF and the OECD and is opposed to, in particular, portfolio investments and intellectual property rights, although in view of the emergence of global chains and global production it is hard to distinguish clearly between FDI and portfolio investments and a rigid legal definition will be hard to apply to investment practice in the real world,
Amendment 18 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas reduced investment protection in the European Union could lead to what is termed ‘BIT shopping’,
Amendment 31 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas although a terminated BIT may remain in force for up to 20 years, this transitional phase applies only to existing investment and not to new investment; whereas it is therefore essential not to terminate a BIT before it is replaced by a new EU investment protection agreement,
Amendment 35 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes this new EU competence and calls on the Commission and the Member States to seize this opportunity to build with Parliament an integrated and coherent investment policy which promotes high- quality investments and makes a positive contribution to economic, social and environmental progressinvestment;
Amendment 40 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s Communication ‘Towards a comprehensive European international investment policy’ but stresses that, while extensively focusing on investor protection, it should better address the need to protect the public capacity to regulate;
Amendment 50 #
Motion for a resolution
Paragraph 5
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 EUapply to all kinds of investment;
Amendment 59 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes with concern that negotiating a broad variety of investments would lead to mixing exclusive and shared competences; is concerned that if the Member States give the Commission a mandate to negotiate on all matters this could lead to substantial European concessions in the field of investment, given that the EU’s already open economy means that it has few other levers in international negotiations;
Amendment 66 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses theCalls on the Commission to consider whether there is a need for a stricter definition of ‘foreign investor’, considering that broad definitions have led to abusive practices, which should not be permitted in the past;
Amendment 80 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Doubts whetherBelieves that 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; considersbut sees a risk that with such a broad and undefined criterion any new agreements could be opposed;
Amendment 91 #
Motion for a resolution
Paragraph 11 – indent 3
Paragraph 11 – indent 3
– protection against expropriation, giving a definition for a clear and fair balance between public and direct and indirect exproprivate interestsion;
Amendment 93 #
Motion for a resolution
Paragraph 11 – indent 3 a (new)
Paragraph 11 – indent 3 a (new)
– maintenance of ‘umbrella clauses’;
Amendment 100 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 120 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines thatCalls on the Commission shall establish a list of sectors not covered by future agreements, for examplto exclude sensitive sectors such as culture, education and those sectors which are strategically important for national defence, on the basis of a case-by-case decision; 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;
Amendment 126 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that the EU’s future policy must also promote investment which is sustainable, respects the environment (particularly in the area of extractive industries) and encourages good quality working conditions in the enterprises targeted by the investment; asks the Commission to include, in all future agreements, a reference to the updated OECD Guidelines for Multinational Enterprises;
Amendment 131 #
Motion for a resolution
Paragraph 19
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;
Amendment 136 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. RequestProposes that such clauses also be included in stand-alone investment agreements, in chapters to which the dispute settlement mechanism applies;
Amendment 146 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Takes the view that, in addition to state-to-state dispute settlement procedures, investor-to-state procedures must also be applicable in order to secure comprehensive investment protection;
Amendment 158 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission to put forward solutions that enable small businesses to improve their funding of the high cost of dispute settlement procedures;