BETA

Activities of Harlem DÉSIR

Plenary speeches (133)

Commission strategy on services of general interest (SGI)
2016/11/22
Prospects for the Doha Development Round after the WTO General Council meeting of 15 December 2003
2016/11/22
Vote
2016/11/22
Innovation and industrial policies
2016/11/22
Outcome of the World Trade Organisation Ministerial Conference (Cancún, 10-14 September 2003)
2016/11/22
Developing countries
2016/11/22
Preparation for the World Trade Organization Ministerial meeting (Cancun, 10/14 September 2003)
2016/11/22
Transatlantic relations
2016/11/22
Energy
2016/11/22
EU-USA extradition agreement and the International Criminal Court
2016/11/22
Vote
2016/11/22
General Agreement on Trade in Services (GATS) within the WTO, including cultural diversity
2016/11/22
World Economic Forum (Davos) and World Social Forum (Porto Alegre)
2016/11/22
Authorisation of generic medicines at WTO level
2016/11/22
World hunger and the elimination of barriers to trade with the poorest countries
2016/11/22
Vote
2016/11/22
Services of general interest in Europe
2016/11/22
Transatlantic Relationship
2016/11/22
Vote
2016/11/22
Transatlantic relations including steel import tariffs (continuation)
2016/11/22
Energy
2016/11/22
World social forum (Porto Alegre)/World economic forum (New York)
2016/11/22
VOTE
2016/11/22
International trade
2016/11/22
European works council
2016/11/22
Question Time (Council)
2016/11/22
Question Time (Council)
2016/11/22
Works councils and redundancies
2016/11/22
Biotechnology industry
2016/11/22
VOTE
2016/11/22
Human rights
2016/11/22
Combating social exclusion (continuation)
2016/11/22
Vote
2016/11/22
Question Time (Council)
2016/11/22
Vote
2016/11/22
Vote (continuation)
2016/11/22
Capital tax
2016/11/22
Capital tax
2016/11/22
Vote
2016/11/22
Resumption of the session
2016/11/22
Vote
2016/11/22
WTO Millennium Round (continuation)
2016/11/22
Opening of the Millennium Round (continued)
2016/11/22
Votes
2016/11/22
French Football Federation fine
2016/11/22
Interim Trade Agreement with Turkmenistan
2016/11/22
Dossiers: 1998/0304(CNS)
Conclusions of the European Council (19-20 March 2009) (debate)
2016/11/22
Preparation of the European Council (19-20 March 2008) - European Economic Recovery Plan - Guidelines for the Member States’ employment policies - Cohesion Policy: investing in the real economy (debate)
2016/11/22
Dossiers: 2008/0252(CNS)
Explanations of vote
2016/11/22
Dossiers: 2007/0019(COD)
One-minute speeches on matters of political importance
2016/11/22
Temporary workers (debate)
2016/11/22
Dossiers: 2002/0072(COD)
Temporary workers (debate)
2016/11/22
Dossiers: 2002/0072(COD)
Suspension of the WTO Doha Round (debate)
2016/11/22
Dossiers: 2008/2631(RSP)
Social package (First part) (debate)
2016/11/22
Presentation of the programme of the French Presidency (debate)
2016/11/22
Revision of Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council (debate)
2016/11/22
Towards a reform of the World Trade Organisation (A6-0104/2008, Cristiana Muscardini) (vote)
2016/11/22
Dossiers: 2007/2184(INI)
Towards a reform of the World Trade Organisation (debate)
2016/11/22
Dossiers: 2007/2184(INI)
Preparation of the European Council (Brussels, 13-14 March 2008) (debate)
2016/11/22
Economic partnership agreements (debate)
2016/11/22
Commission legislative programme and work programme for 2008 (debate)
2016/11/22
Convening of the Intergovernmental Conference: opinion of the European Parliament (debate)
2016/11/22
Dossiers: 2007/0808(CNS)
European Council meeting of 21-22 June 2007 Activity report of the German Presidency (continuation of debate)
2016/11/22
Decent work (debate)
2016/11/22
Dossiers: 2006/2240(INI)
Global Europe - External aspects of competitiveness (debate)
2016/11/22
Dossiers: 2006/2292(INI)
The exclusion of health services from the Services Directive (debate)
2016/11/22
Dossiers: 2006/2275(INI)
European Council meeting (8-9 March 2007) (debate)
2016/11/22
Guinea (debate)
2016/11/22
Dossiers: 2007/2520(RSP)
Guinea (vote)
2016/11/22
Dossiers: 2007/2520(RSP)
Economic policy guidelines for 2007 – Member States’ employment policies (debate)
2016/11/22
Dossiers: 2006/0271(CNS)
Services in the internal market (debate)
2016/11/22
Dossiers: 2004/0001(COD)
Services of general interest (debate)
2016/11/22
Dossiers: 2006/2101(INI)
Suspension of negotiations on the Doha Development Agenda (DDA) (debate)
2016/11/22
Dossiers: 2006/2615(RSP)
European Council (Brussels, 15-16 June 2006) (debate)
2016/11/22
Dossiers: 2006/2516(RSP)
Commission Question Time
2016/11/22
WTO Ministerial Conference in Hong Kong (debate)
2016/11/22
Dossiers: 2005/2247(INI)
Preparations for the European Council: the Lisbon Strategy (debate)
2016/11/22
Services (continuation of the debate)
2016/11/22
Dossiers: 2004/0001(COD)
WTO Ministerial Conference in Hong Kong
2016/11/22
Preparation for the WTO conference
2016/11/22
Preparation for the WTO conference
2016/11/22
Preparation for the WTO conference
2016/11/22
Preparation for the next informal European Council
2016/11/22
Textile industry
2016/11/22
Health and safety at work: Exposure to optical radiation
2016/11/22
Redundancies at Alstom
2016/11/22
Mid-term review of the Lisbon strategy
2016/11/22
Mid-term review of the Lisbon strategy
2016/11/22
Mid-term review of the Lisbon strategy
2016/11/22
Mid-term review of the Lisbon strategy
2016/11/22
World Social Forum, World Economic Forum
2016/11/22
Programme of the Luxembourg presidency
2016/11/22
Strategic political orientations
2016/11/22
European Council of 4 and 5 November 2004
2016/11/22
Vote
2016/11/22
Stability and Growth Pact
2016/11/22
Work programme of the Netherlands presidency (continuation)
2016/11/22
Situation in the Central African Republic (debate)
2016/11/22
Dossiers: 2013/2980(RSP)
Explanations of vote
2016/11/22
Dossiers: 2011/0153(COD)
Explanations of vote
2016/11/22
Dossiers: 2010/0195(COD)
Explanations of vote
2016/11/22
Dossiers: 2010/2295(INI)
EU-Canada trade relations (debate)
2016/11/22
Free trade agreement with India (debate)
2016/11/22
Explanations of vote
2016/11/22
Dossiers: 2010/0063(COD)
Explanations of vote
2016/11/22
Dossiers: 2010/0063(COD)
Explanations of vote
2016/11/22
Dossiers: 2009/0129(COD)
Explanations of vote
2016/11/22
Dossiers: 2008/0142(COD)
Corporate social responsibility in international trade agreements (A7-0317/2010, Harlem Désir) (vote)
2016/11/22
Dossiers: 2009/2201(INI)
Human rights, social and environmental standards in International Trade agreements - International Trade Policy in the context of Climate Change imperatives - Corporate social responsibility in international trade agreements (debate)
2016/11/22
Dossiers: 2010/2103(INI)
Human rights, social and environmental standards in International Trade agreements - International Trade Policy in the context of Climate Change imperatives - Corporate social responsibility in international trade agreements (debate)
2016/11/22
Dossiers: 2010/2103(INI)
Explanations of vote
2016/11/22
Dossiers: 2009/0064(COD)
Explanations of vote
2016/11/22
Dossiers: 2009/0064(COD)
Explanations of vote
2016/11/22
Dossiers: 2008/0193(COD)
Explanations of vote
2016/11/22
Dossiers: 2008/0193(COD)
Explanations of vote
2016/11/22
Dossiers: 2010/2070(INI)
Explanations of vote
2016/11/22
Dossiers: 2009/0108(COD)
Agreement between the EC and Pakistan on readmission - Community readmission agreements with third countries (debate)
2016/11/22
Dossiers: 2009/0036(NLE)
Explanations of vote
2016/11/22
Dossiers: 2009/2142(INI)
Explanations of vote
2016/11/22
Dossiers: 2009/0005(COD)
Explanations of vote
2016/11/22
Dossiers: 2009/2062(REG)
Explanations of vote
2016/11/22
Dossiers: 2009/2090(INI)
Explanations of vote
2016/11/22
Dossiers: 2009/0035(COD)
Explanations of vote
2016/11/22
Dossiers: 2009/0035(COD)
Explanations of vote
2016/11/22
Dossiers: 2009/0035(COD)
EU - South Korea free trade agreement (debate)
2016/11/22
EU-Tunisia relations (debate)
2016/11/22
Question Time (Council)
2016/11/22
Second revision of the ACP-EU Partnership agreement (Cotonou agreement) (debate)
2016/11/22
Dossiers: 2009/2165(INI)
Prospects for the Doha Development Agenda following the Seventh WTO Ministerial Conference (vote)
2016/11/22
Dossiers: 2009/2730(RSP)
Prospects for the Doha Development Agenda following the Seventh WTO Ministerial Conference (debate)
2016/11/22
Guinea
2016/11/22
Dossiers: 2009/2732(RSP)
Preparation of the TEC meeting and the EU/USA Summit (2 and 3 November 2009) - Transatlantic judicial and police cooperation (debate)
2016/11/22
Dossiers: 2009/2731(RSP)
One-minute speeches on matters of political importance
2016/11/22
Dossiers: 2009/0033(NLE)

Reports (3)

Report on openness and democracy in international trade - Committee on Industry, External Trade, Research and Energy PDF (160 KB) DOC (92 KB)
2016/11/22
Committee: ITRE
Dossiers: 2001/2093(INI)
Documents: PDF(160 KB) DOC(92 KB)
RECOMMENDATION FOR SECOND READING on the Council common position for adopting a directive of the European Parliament and of the Council on temporary agency work PDF (141 KB) DOC (73 KB)
2016/11/22
Committee: EMPL
Dossiers: 2002/0072(COD)
Documents: PDF(141 KB) DOC(73 KB)
REPORT on corporate social responsibility in international trade agreements PDF (240 KB) DOC (136 KB)
2016/11/22
Committee: INTA
Dossiers: 2009/2201(INI)
Documents: PDF(240 KB) DOC(136 KB)

Opinions (1)

OPINION Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions: Promoting decent work for all - The EU contribution to the implementation of the decent work agenda in the world
2016/11/22
Committee: INTA
Documents: PDF(127 KB) DOC(71 KB)

Shadow opinions (1)

OPINION on tax and development: cooperating with developing countries on promoting good governance in tax matters
2016/11/22
Committee: INTA
Dossiers: 2010/2102(INI)
Documents: PDF(107 KB) DOC(86 KB)

Written declarations (8)

Written declaration on respect for the rights of 'relocated' workers in Europe

2016/11/22
Documents: PDF(75 KB) DOC(35 KB)
Authors: Yannick VAUGRENARD, Maria MATSOUKA, Bernard POIGNANT, Alejandro CERCAS, Harlem DÉSIR
Written declaration on the sixth anniversary of the kidnapping of Ingrid Bétancourt by the FARC

Written declaration on the EU taking over the protection of Ayaan Hirsi Ali

2016/11/22
Documents: PDF(77 KB) DOC(35 KB)
Authors: Benoît HAMON, Ana GOMES, Véronique DE KEYSER, Harlem DÉSIR
Written declaration on investigating and remedying the abuse of power by large supermarkets operating in the European Union

2016/11/22
Documents: PDF(78 KB) DOC(36 KB)
Authors: Caroline LUCAS, Gyula HEGYI, Janusz WOJCIECHOWSKI, Harlem DÉSIR, Hélène FLAUTRE
Written declaration on forced labour in Chinese prisons

2016/11/22
Documents: PDF(71 KB) DOC(41 KB)
Authors: Margrietus van den BERG, Jean-Marie CAVADA, Harlem DÉSIR, Caroline LUCAS
Written declaration on the need to force through social clauses in the WTO negotiations

2016/11/22
Documents: PDF(76 KB) DOC(37 KB)
Authors: Yannick VAUGRENARD, Harlem DÉSIR, Kader ARIF, Françoise CASTEX, Jean Louis COTTIGNY
Written declaration on the tsunami and the introduction of an international tax

2016/11/22
Documents: PDF(74 KB) DOC(27 KB)
Authors: Marie-Noëlle LIENEMANN, Glyn FORD, Caroline LUCAS, Vittorio AGNOLETTO, Harlem DÉSIR
Written declaration on recognising situation testing, where it yields positive results, as legal evidence of racial discrimination

2016/11/22
Documents: PDF(97 KB) DOC(44 KB)
Authors: Harlem DÉSIR, Dennis de JONG, Corinne LEPAGE, Ulrike LUNACEK, Mariya GABRIEL

Amendments (256)

Amendment 4 #

2012/2098(INI)

Draft opinion
Paragraph 1
1. Regrets that the Commission has not yet drawn up concrete proposals on the implementation of CSR principles in EU trade policy; takes the view, in the light of the key role played by corporations, their subsidiaries and their supply chains in international trade, that corporate social and environmental responsibility must become an integral part of the ‘sustainable development’ chapters of the European Union’s trade agreements;
2012/11/26
Committee: INTA
Amendment 15 #

2012/2098(INI)

Draft opinion
Paragraph 2
2. Asks the Commission to include a CSR clause in all bilateral trade and investment agreements signed by the EU, on the basis of principles of CSR as defined and acknowledged at the international level in the OECD, the ILO, the UN and the European Union; suggests that this clause contain measures for the implementation of these principles, such as a requirement to carry out reporting and to publish regular assessments of the social and environmental impact of the activities of companies and of their sphere of influence (subsidiaries, supply chains, etc.) and a requirement to apply due diligence, i.e. to take the necessary measures to prevent breaches of social and environmental rights wherever the company operates;
2012/11/26
Committee: INTA
Amendment 29 #

2012/2098(INI)

Draft opinion
Paragraph 3
3. Deplores the fact that the principles underpinning CSR have not been sufficiently well incorporated into the revised GSP and GSP+ Regulation; calls on the Commission to ensure that transnational corporations – whether or not they have their registered office in the European Union – whose subsidiaries or supply chains are located in countries participating in the GSP and GSP+ comply with their national and international legal obligations in the areas of human rights, labour standards and environmental rules;
2012/11/26
Committee: INTA
Amendment 38 #

2012/2098(INI)

Draft opinion
Paragraph 4
4. Calls for a system of transnational legal cooperation to be set up between the EU and third countries signatories to bilateral trade agreements; hopes that the parties to such agreements will undertake to ensure effective access to justice for victims in the event of breaches of social or environmental legislation by multinationals, or failure to honour CSR undertakings, and to support the establishment of international judicial procedures to ensure, where necessary, that breaches of the law by companies are punished;
2012/11/26
Committee: INTA
Amendment 4 #

2012/2097(INI)

Draft opinion
Paragraph 1
1. Regrets that the Commission has not yet drawn up concrete proposals on the implementation of CSR principles in EU trade policy; takes the view, in the light of the key role played by corporations, their subsidiaries and their supply chains in international trade, that corporate social and environmental responsibility must become an integral part of the ‘sustainable development’ chapters of the European Union’s trade agreements;
2012/11/20
Committee: INTA
Amendment 15 #

2012/2097(INI)

Draft opinion
Paragraph 2
2. Asks the Commission to include a CSR clause in all bilateral trade and investment agreements signed by the EU, on the basis of principles of CSR as defined and acknowledged at the international level in the OECD, the ILO, the UN and the European Union; suggests that this clause contain measures for the implementation of these principles, such as a requirement to carry out reporting and to publish regular assessments of the social and environmental impact of the activities of companies and of their sphere of influence (subsidiaries, supply chains, etc.) and a requirement to apply due diligence, i.e. to take the necessary measures to prevent breaches of social and environmental rights wherever the company operates;
2012/11/20
Committee: INTA
Amendment 29 #

2012/2097(INI)

Draft opinion
Paragraph 3
3. Deplores the fact that the principles underpinning CSR have not been sufficiently well incorporated into the revised GSP and GSP+ Regulation; calls on the Commission to ensure that transnational corporations – whether or not they have their registered office in the European Union – whose subsidiaries or supply chains are located in countries participating in the GSP and GSP+ comply with their national and international legal obligations in the areas of human rights, labour standards and environmental rules;
2012/11/20
Committee: INTA
Amendment 38 #

2012/2097(INI)

Draft opinion
Paragraph 4
4. Calls for a system of transnational legal cooperation to be set up between the EU and third countries signatories to bilateral trade agreements,; hopes that the parties to such agreements will undertake to ensure effective access to justice for victims in the event of breaches of social or environmental legislation by multinationals or failure to honour CSR undertakings, and to support the establishment of international judicial procedures to ensure, where necessary, that breaches of the law by companies are punished;
2012/11/20
Committee: INTA
Amendment 101 #

2011/2111(INI)

Motion for a resolution
Paragraph 4 d (new)
4d. Highlight the importance and potential of the EU-India strategic partnership; considers that, in the current global economic crisis, issues such as social crisis, climate change, migration flows and global security should be addressed in a more comprehensive partnership between India and the EU; also notes that the ongoing free trade agreement negotiations are reinforcing the EU-India relations: considers, however, that this relationship should not be limited to trade issues; calls on the re- establishment of a India-Europe Friendship Group, including representatives of the European Parliament and of the Lok Sabha and Rajya Sabha;
2011/11/10
Committee: AFET
Amendment 3 #

2010/2205(INI)

Motion for a resolution
Citation 4 b (new)
- having regard to the last report by John Ruggie, the Special Representative of the Secretary-General of the United Nations, on the issue of human rights and transnational corporations and other business enterprises,
2011/02/21
Committee: EMPL
Amendment 7 #

2010/2205(INI)

Draft opinion
Paragraph 2 a (new)
2a. Proposes that this CSR clause should cover compliance with the ILO’s eight core conventions and four priority conventions and also provide incentives to enterprises to enter into CSR commitments and an obligation of diligence for enterprises and groups of enterprises, i.e. an obligation to take proactive measures to identify and prevent any violation of human rights and environmental rights, corruption or tax evasion, including in their subsidiaries and supply chains, i.e. their sphere of influence;
2011/02/18
Committee: INTA
Amendment 9 #

2010/2205(INI)

Motion for a resolution
Citation 13 a (new)
- having regard to last updates on OECD Guidelines for Multinational Enterprises;
2011/02/21
Committee: EMPL
Amendment 11 #

2010/2205(INI)

Motion for a resolution
Citation 23 b (new)
- having regard to its resolution of 13 March 2007 on corporate social responsibility: a new partnership 1 __________________ 1 OJ C 301 E, 13.12.2007, p. 45.
2011/02/21
Committee: EMPL
Amendment 12 #

2010/2205(INI)

Motion for a resolution
Citation 23 c (new)
- having regard to its resolution of 25 November 2010 on corporate social responsibility in international trade agreements 1 __________________ 1 P7_TA-PROV(2010)0446
2011/02/21
Committee: EMPL
Amendment 16 #

2010/2205(INI)

Motion for a resolution
Citation 28 a (new)
- having regard to the Public consultation on disclosure of non-financial information by companies launched by the DG Internal Market and Services, Financial Reporting Unit 1 __________________ 1 http://ec.europa.eu/internal_market/consu ltations/2010/non- financial_reporting_en.htm
2011/02/21
Committee: EMPL
Amendment 18 #

2010/2205(INI)

Draft opinion
Paragraph 4 a (new)
4a. Calls on the Commission to reform the EU laws through the mandatory introduction of clear, audited, comparable and enforceable standards in matter of extra financial reporting (human rights, social and environmental standards) for large and medium size companies, coupled with effective enforcement mechanisms;
2011/02/18
Committee: INTA
Amendment 19 #

2010/2205(INI)

Draft opinion
Paragraph 4 b (new)
4b. Calls on the Commission to introduce amendments to its proposal for a regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (2010/0383 (COD)) to enable claimants to sue a subsidiary domiciled in a third country, together with the European parent corporation, and through the creation of additional grounds of jurisdiction;
2011/02/18
Committee: INTA
Amendment 20 #

2010/2205(INI)

Draft opinion
Paragraph 5
5. Emphasises that, given the size of their share of international trade, European companies and their subsidiaries and subcontractors play a key role in the promotion and dissemination of social and labour standards worldwide, and they should therefore act in accordance with European values and internationally recognised standards; considers that it would be normal if it were possible for European enterprises which relocate their production to countries with less stringent social obligations to be held liable, including before European courts, for any damage and negative externalities affecting local populations;
2011/02/18
Committee: INTA
Amendment 26 #

2010/2205(INI)

Draft opinion
Paragraph 6 a (new)
6a. Calls on the Commission to take into account the importance of certifications and labels that demonstrate the compliance of enterprises with CSR principles;
2011/02/18
Committee: INTA
Amendment 39 #

2010/2205(INI)

Motion for a resolution
Recital I a (new)
I a. Whereas the principles underpinning CSR, which are fully recognised at international level, whether by the OECD, the ILO or the United Nations, concern the responsible behaviour expected of undertakings and presuppose, first of all, compliance with the legislation in force, in particular in the areas of employment, labour relations, human rights, the environment, consumer interests and transparency vis-à-vis consumers, the fight against corruption and taxation;
2011/02/21
Committee: EMPL
Amendment 72 #

2010/2205(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Points out that CSR should address new areas such as the organisation of work, equal opportunities and social inclusion, anti-discrimination measures, the development of lifelong education and training; emphasises that CSR should cover, for example, quality of work, equality of pay and career prospects and the promotion of innovative projects so as to assist the shift towards a sustainable economy;
2011/02/21
Committee: EMPL
Amendment 113 #

2010/2205(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Calls on the Commission to advocate the incorporation of a CSR dimension into multilateral trade policies, both in the international forums which have supported the concept of CSR, in particular the OECD and the ILO, and in the WTO in the post-Doha context;
2011/02/21
Committee: EMPL
Amendment 128 #

2010/2205(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Calls on the Commission to reform the EU laws through the mandatory introduction of clear, audited, comparable and enforceable standards in matter of extra financial reporting (human rights, social and environmental standards) for large and medium size companies, coupled with effective enforcement mechanisms;
2011/02/21
Committee: EMPL
Amendment 129 #

2010/2205(INI)

Motion for a resolution
Paragraph 18 b (new)
18 b. Calls on the Commission to introduce amendments to its Proposal for a Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (2010/0383 (COD)) to enable claimants to sue a subsidiary domiciled in a third country, together with the European parent corporation, and through the creation of additional grounds of jurisdiction;
2011/02/21
Committee: EMPL
Amendment 3 #

2010/2102(INI)

Draft opinion
Paragraph 1
1. Recalls that the objective of liberalisdeveloping trade with the developing countries must be to promote the sustainable economic growth and the development of these countries; notes that the elimination of customs duties will inevitably entail a loss of customs revenue and must therefore be under better control, be more gradual and go hand in hand with implementation of tax reforms mobilising alternative forms of revenue to make up the shortfall (VAT, property tax, income tax);
2010/10/28
Committee: INTA
Amendment 11 #

2010/2102(INI)

Draft opinion
Paragraph 3 a (new)
3a. Recalls that tax evasion in tax havens represents a considerable financial loss, particularly for developing countries, and that measures to combat tax havens are one of the priorities for the EU with a view to effectively helping developing countries to gain access to their tax revenue;
2010/10/28
Committee: INTA
Amendment 12 #

2010/2102(INI)

Draft opinion
Paragraph 3 b (new)
3b. Considers it necessary for the OECD to draw up new guidelines on transfer pricing, an essential means of preventing certain multinationals from transferring their profits to the countries with the most favourable tax regimes and compelling them to pay their taxes in the countries – including developing countries – where they have generated their real profits;
2010/10/28
Committee: INTA
Amendment 15 #

2010/2102(INI)

Draft opinion
Paragraph 4
4. Considers that a system of low-rate taxation founded on a broader tax basis and excluding all discretionary tax exemptions and preferences, including for the extractive industries, is indispensable; emphasises the need for incentive measures to involve investors more closely in projects with a positive local impact in economic, social and environmental terms, while avoiding creating any opportunities for a form of fiscal dumping;
2010/10/28
Committee: INTA
Amendment 39 #

2009/2218(INI)

Motion for a resolution
Paragraph 4 g (new)
4g. Calls on the Commission and the ACP countries to include in Article 13 of the ACP-EU agreement on migration the principles of circular migration and its facilitation by granting circular visas; stresses that the article in question emphasises respect for human rights and equitable treatment of nationals of ACP countries, but that the scope of these principles is seriously compromised by bilateral readmission agreements with transit countries in a context of externalisation by Europe of the management of migration, which do not guarantee respect for the rights of migrants and which may result in 'cascade' readmissions which jeopardise their safety and their lives;
2010/03/05
Committee: DEVE
Amendment 76 #

2009/2218(INI)

Motion for a resolution
Paragraph 14
14. Calls for the cessation of export subsidies; irrespective of the successful conclusion of the ‘Doha Round’, to avoid dumping of EU products on markets in developing countries and the economic loss that this generaten this view, recalls the commitment made in Doha in 2001 by all WTO members to conclude a Development round of negotiations aiming at rectifying the existing imbalances in the trade system and aiming to put trade at the service of development, contributing to poverty eradication and the achievement of the Millennium Development Goals;
2010/03/05
Committee: DEVE
Amendment 99 #

2009/2218(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Urges the Commission to revise the Global Europe strategy, as the trade component of the Lisbon strategy, in order to make of international trade a tool for job creation, poverty eradication and sustainable development worldwide;
2010/03/05
Committee: DEVE
Amendment 100 #

2009/2218(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Asks that the "aid for trade" strategy benefit all developing countries, and not only those agreeing to a greater liberalisation of their markets, notably in the context of Economic Partnership Agreements;
2010/03/05
Committee: DEVE
Amendment 101 #

2009/2218(INI)

Motion for a resolution
Paragraph 18 c (new)
18c. Calls on the Commission, during trade negotiations, not to encourage developing countries to agree to liberalisation beyond their existing WTO commitments, and stresses in particular that the ‘Singapore issues’ should under no circumstances be imposed in negotiations against the wishes of developing countries;
2010/03/05
Committee: DEVE
Amendment 102 #

2009/2218(INI)

Motion for a resolution
Paragraph 18 d (new)
18d. Urges the Council not to impose negotiating chapters on the liberalisation of financial services where ACP countries do not want this, and not to enter into agreements of this type unless these countries have first set up an appropriate national regulatory and supervisory framework;
2010/03/05
Committee: DEVE
Amendment 103 #

2009/2218(INI)

Motion for a resolution
Paragraph 18 e (new)
18e. Asks the Commission to include legally binding social and environmental standards systematically in trade agreements negotiated by the European Union, to promote the objective of trade working for development;
2010/03/05
Committee: DEVE
Amendment 105 #

2009/2218(INI)

Motion for a resolution
Paragraph 19
19. Asks the Commission to start the impact assessments earlier, i.e. before the drafting process of policy initiatives is already far advanced and to base them on evidence-based studies, and to systematically include social, environmental and human rights dimensions ; asks the Commission to include the results of the impact assessments in the Development Cooperation Instrument (DCI)’s Regional and Country Strategy Papers ;
2010/03/05
Committee: DEVE
Amendment 115 #

2009/2218(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Underlines the importance of inter- committee cooperation in the European Parliament ; to this end, suggests that, when a sensitive issue regarding PCD is discussed by a committee, the other relevant committees must be closely associated, and when a committee organizes an expert audition on a sensitive issue concerning PCD, the other relevant committees must be part of the organization of the audition ;
2010/03/05
Committee: DEVE
Amendment 1 #

2009/2201(INI)

Motion for a resolution
Title
Corporate social and environmental responsibility in international trade agreements
2010/10/07
Committee: INTA
Amendment 2 #

2009/2201(INI)

Motion for a resolution
Citation 7
- having regard to the Global Reporting Initiative (GRI) launched in 19971 and, the updated G3 Guidelines concerning the drafting of reports on sustainable development, published on 5 October 2006, and the G4 Guidelines currently being drawn up by the GRI,
2010/10/07
Committee: INTA
Amendment 3 #

2009/2201(INI)

Motion for a resolution
Citation 10
- having regard to the report by the Special Representative of the Secretary-General of the United Nations on the issue of human rights and transnational corporations and other business enterprises, entitled 'Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development', of 7 April 2008 (A/HRC/8/5, 2008), and the ongoing work on the next report planned for 2011,
2010/10/07
Committee: INTA
Amendment 5 #

2009/2201(INI)

Motion for a resolution
Citation 13
- having regard to the initiatives taken in the various Member States to promote Corporate Social Responsibility, in particular the establishment in Denmark of the Government CSR Centre, which coordinates governmental legislative initiatives to foster CSR and devises practical tools for undertakings21,
2010/10/07
Committee: INTA
Amendment 7 #

2009/2201(INI)

Motion for a resolution
Citation 18
- having regard to the 1968 Brussels Convention, as consolidated by Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters31, and the Commission Green Paper of 21 April 2009 on the revision of Regulation (EC) No 44/2001,
2010/10/07
Committee: INTA
Amendment 8 #

2009/2201(INI)

Motion for a resolution
Citation 36
- having regard to its resolution of 25 October 2001 on openness and democracy in international trade2, which calls on the WTO to endorse the ILO's basic labour standards and to accept ILO decisions, including calls for the imposition of sanctions, linked to serious violations of basiccore labour standards,
2010/10/07
Committee: INTA
Amendment 16 #

2009/2201(INI)

Motion for a resolution
Recital C
C. having regard to the ILO's tripartite declaration on multinational corporations, which is intended to provide guidance for governments, multinational corporations and workers in areas such as employment, training, working conditions and professional relations, a declaration which incorporates a commitment by States to abide by and promote the four basiccore labour standards: freedom of association and the right to collective bargaining; the elimination of all forms of forced labour; the abolition of child labour; and the elimination of discrimination in the area of employment,
2010/10/07
Committee: INTA
Amendment 20 #

2009/2201(INI)

Motion for a resolution
Recital D
D. having regard to the United Nations Global Compact, which incorporates 10 principles which multinational corporations must undertake to observe in the areas of human rights, basiccore labour standards, a precautionary approach to environmental problems and the fight against corruption,
2010/10/07
Committee: INTA
Amendment 21 #

2009/2201(INI)

Motion for a resolution
Recital D a (new)
Da. having regard to the work currently in progress to update the OECD Guidelines for Multinational Enterprises, in particular those relating to improving the national contact points and a liability regime for supply chains,
2010/10/07
Committee: INTA
Amendment 22 #

2009/2201(INI)

Motion for a resolution
Recital D b (new)
Db. whereas international benchmarks, such as the Global Reporting Initiative, or certification and labelling schemes, such as the ISO 14 001 standard or more particularly the recent ISO 26 000 standard, designed as a set of guidelines applying to all types of organisation, help undertakings assess the economic, social and environmental impact of their activities by incorporating the concept of sustainable development, but whereas they are only effective to the extent that they are effectively applied and subject to verification,
2010/10/07
Committee: INTA
Amendment 23 #

2009/2201(INI)

Motion for a resolution
Recital D c (new)
Dc. having regard to the definition of CSR in the ISO 26 000 standard as ‘the responsibility of an organisation for the impacts of its decisions and activities on society and the environment, through transparent and ethical behaviour that: contributes to sustainable development, including the health and welfare of society; takes into account the expectations of stakeholders; is in compliance with applicable law and consistent with international norms of behaviour; and is integrated throughout the organisation and practised in its relationships’, which has the support of a large section of civil society and the international trade union movement,
2010/10/07
Committee: INTA
Amendment 24 #

2009/2201(INI)

Motion for a resolution
Recital E a (new)
Ea. having regard to the Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a retail market monitoring report entitled ‘Towards more efficient and fairer retail services in the internal market for 2020’ (COM(2010)355 final) and the annex thereto, which states that ‘... it is often difficult for consumers to know about the social responsibility of particular retailers and thus to make an informed choice about where to shop’,
2010/10/07
Committee: INTA
Amendment 34 #

2009/2201(INI)

Motion for a resolution
Recital J a (new)
Ja. having regard to the wide diversity of links which can exist between a parent company and its subsidiaries on the one hand, and between an undertaking and its suppliers on the other, and to the need to specify the notions of ‘sphere of influence’ and ‘due diligence’ at international level,
2010/10/07
Committee: INTA
Amendment 35 #

2009/2201(INI)

Motion for a resolution
Recital J b (new)
Jb. whereas undertakings are not directly subject to international law and whereas international agreements, particularly those relating to human rights, labour law and environmental protection, are binding on the signatory States but not directly on the undertakings whose head office is based in those States; whereas, however, it is up to those States to ensure that undertakings whose head office is based in their territory comply with their legal obligations and duty of diligence, and provide for adequate and appropriate sanctions should they fail to do so,
2010/10/07
Committee: INTA
Amendment 36 #

2009/2201(INI)

Motion for a resolution
Recital J c (new)
Jc. having regard to the fundamental rights to an effective remedy and to a fair trial, reaffirmed in Article 47 of the European Charter of Fundamental Rights and in Article 8 of the Universal Declaration of Human Rights,
2010/10/07
Committee: INTA
Amendment 37 #

2009/2201(INI)

Motion for a resolution
Recital J d (new)
Jd. having regard to the principle of judicial cooperation reaffirmed by the Brussels Convention and Regulation No 44/2001, and calling on the Commission to act on the progress made in the Green Paper, which proposes possible lines of action on the question of extra-territoriality, particularly in terms of expanding the scope of the Regulation to include disputes involving third-State defendants,
2010/10/07
Committee: INTA
Amendment 43 #

2009/2201(INI)

Motion for a resolution
Recital L a (new)
La. having regard to existing Community legislation concerning micro, small and medium-sized enterprises, and particularly Recommendation 2003/361/EC of 6 May 2003 and the ‘Small Business Act’ for Europe adopted in June 2008,
2010/10/07
Committee: INTA
Amendment 51 #

2009/2201(INI)

Motion for a resolution
Paragraph 3
3. Recalls that the principles underpinning CSR, which are fully recognised at international level, whether by the OECD, the ILO or the United Nations, concern the responsible behaviour expected of undertakings, and presuppose, first of all, compliance with the legislation in force, in particular in the areas of employment, labour relations, human rights, the environment, consumer interests and transparency vis-à-vis consumers, the fight against corruption and taxation;
2010/10/07
Committee: INTA
Amendment 55 #

2009/2201(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Considers that the Commission should investigate the possibilities of establishing a harmonised definition of the relations between an undertaking designated the ‘parent company’ and all undertakings in a relationship of dependency with respect to that company, whether those undertakings are subsidiaries, suppliers or sub-contractors, in order to establish the legal liability of each of them;
2010/10/07
Committee: INTA
Amendment 59 #

2009/2201(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls for CSR principles and obligations to be taken into account and integrated into the future Commission communication on ‘A New Trade Policy for Europe under the EUROPE 2020 Strategy', in the communication on CSR which it is drawing up for 2011 and in the implementation of its trade policy;
2010/10/07
Committee: INTA
Amendment 65 #

2009/2201(INI)

Motion for a resolution
Paragraph 10
10. Calls on the Commission to draw up a new impact assessment model with a view to ensuring that, both prior to and after the signing of a trade agreement, States which commit themselves to cooperating with the European Union properly comply with their obligations in the areas of human rights, basiccore labour standards and environmental protection; calls, further, for assessments to be carried out of the social and environmental impact of trade agreements in the EU's partner countries and in those countries' vulnerable sectors; such assessments should also be carried out prior to the signing and after implementation of agreements;
2010/10/07
Committee: INTA
Amendment 75 #

2009/2201(INI)

Motion for a resolution
Paragraph 12 point b
b. incentives to encourage undertakings to enter into CSR commitments negotiated with all their stakeholders, including the trade unions, consumer organisations and, local authorities and civil society organisations concerned;
2010/10/07
Committee: INTA
Amendment 79 #

2009/2201(INI)

Motion for a resolution
Paragraph 12 point d
d. a requirement on the part of undertakings and, groups of undertakings and undertakings within the sphere of influence of ‘parent companies’ to comply with rules on transparency and reporting, i.e. the annual publication of their CSR balance sheets based on overall, common and predefined performance indicators; this information must be subsequently verifiable by an independent body;
2010/10/07
Committee: INTA
Amendment 84 #

2009/2201(INI)

Motion for a resolution
Paragraph 12 point f
f. a review mechanism to deal with proven breaches of the CSR commitments entered into in the context of the trade agreement; it must be possible for investigations to be carried out by the competent authorities of the two parties, and also by independent experts, along the lines of the investigations conducted as part of ILO programmes52 in cooperation with representatives of civil society; in the event of a serious breach of the commitments, the parties could name and shame those responsible and call for the imposition of proportionate trade sanctions; 1 Such as the Better Factories Cambodia programme (http://www.betterfactories.org/) 2 Such as the Better Factories Cambodia programme (http://www.betterfactories.org/)
2010/10/07
Committee: INTA
Amendment 90 #

2009/2201(INI)

Motion for a resolution
Paragraph 12 point g a (new)
ga. a requirement, where arbitration or any other method of alternative dispute resolution is used, on the persons or organisations called upon to find a resolution to integrate the body of international agreements on environmental protection and fundamental rights into their decision- making. Provided that the parties to a dispute produce relevant evidence as clarification for the arbitrators, those arbitrators should be required to accept their submissions, in particular those made as amicus curiae contributions, and to take that evidence into consideration in their decision, explaining, where applicable, the reasons for rejecting it;
2010/10/07
Committee: INTA
Amendment 103 #

2009/2201(INI)

Motion for a resolution
Paragraph 14 a (new)
1 State14a. Calls ion which all the undertakings in a relationship of dependency vis-à-vthe Commission to call, within these same forums, for an international convention to be drawn up to establish the parent companies are based. 2 States in which the parent companies are located.responsibilities of ‘host countries’1 and ‘countries of origin’2, as part of the fight against the violation of human rights by multinational corporations and the implementation of the principle of extra-territoriality;
2010/10/07
Committee: INTA
Amendment 105 #

2009/2201(INI)

Motion for a resolution
Paragraph 16
16. Advocates once again the establishment within the WTO of a Trade and Decent Work Committee, along the lines of the Trade and DevelopEnvironment Committee, which would provide a forum for the discussion, in particular, of the issues of labour standards and CSR as they relate to international trade; proposes once again a revision of the dispute settlement procedure, so that in cases involving possible breaches of international environmental or labour agreements special groups (panels) or the appeal body can ask the competent international organisations to draw up opinions, which would then be published;
2010/10/07
Committee: INTA
Amendment 1 #

2009/2165(INI)

Motion for a resolution
New citation
- having regard to the Paris Declaration of 2 March 2005 on Aid Effectiveness, whose aim is to promote a model to improve transparency and monitoring of resources for development,
2009/11/20
Committee: DEVE
Amendment 1 #

2009/2165(INI)

Draft opinion
Paragraph 1
1. Notes that, in the light of the considerable changes resulting from the initialling and signing of the EPAs, the review of provisions relating to economic and trade cooperation must be included in the second revisiona reference to those agreements must be included in the second revision of the Cotonou Agreement; recommends furthermore that this reference includes a provision on a clause for the revision of the EPAs, which should be carried out within five years after the signature of the Aagreements;
2009/11/16
Committee: INTA
Amendment 2 #

2009/2165(INI)

Draft opinion
Paragraph 2
2. Recommends that the provision contained in Article 95(3) of the Agreement according to which the revision should not apply "to the provisions on economic and trade cooperation, for which a separate review is provided" be legally clarifiedamended in or deleted, as with the introduction of the EPAs the special review procedure no longer has a rationaler not to contradict the revision clause foreseen by the EPAs;
2009/11/16
Committee: INTA
Amendment 4 #

2009/2165(INI)

Draft opinion
Paragraph 3
3. Notes that, in their notification letters, the parties to the Agreement explicitly ask for the revision of numerous trade provisions; points out that new provisions need to be added in new areas, such as Aid for Trade in order to guarantee the development dimension in the trade areas of that Agreement;
2009/11/16
Committee: INTA
Amendment 18 #

2009/2165(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. As regards Article 12 of the Cotonou Agreement, calls on the Commission to notify systematically the Secretariat of the ACP States and the ACP-EU Joint Parliamentary Assembly of any European measures which might affect the interests of the ACP States; in this perspective, calls on the Commission to better use inter-service consultations between its Directorates-General, as well as policy impact assessments that might enhance Policy Coherence for Development;
2009/11/20
Committee: DEVE
Amendment 19 #

2009/2165(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Considers it necessary, firstly in view of the entry into force of the EPAs for certain ACP countries only and secondly because various provisions of Article 37 of the Cotonou Agreement are out of date, to revise the part of the ACP-EU agreement concerning trade agreements in order to incorporate provisions concerning all the existing ACP-EU trade arrangements (GSP, GSP plus, interim EPAs, EPA with the Cariforum countries) and to uphold a number of principles and commitments which should not be lost from the Agreement, namely: - consistency between, on the one hand, all the trade frameworks governing relations between the ACP and EU countries and, on the other hand, the development objectives which are at the heart of ACP-EU cooperation, - the guarantee that all the ACP countries will have the benefit of a trade framework which is at least equivalent to their previous situation, particularly for countries which are not LDCs and are not signatories to an EPA, - the guarantee that, for all the ACP countries, the new trade framework will take account of sensitive sectors, particularly agricultural food production, when determining transition periods and the final product coverage, and that it will make it possible to improve the market access which ACP countries enjoy, particularly by means of a review of the origin rules;
2009/11/20
Committee: DEVE
Amendment 25 #

2009/2165(INI)

Motion for a resolution
Paragraph 6
6. Calls on the negotiators to address the tax-related aspect of development and to put in place effective and viable tax systems in the ACP countries in order to ensure sustainable source of development financing with the long-term objective of replacing foreign aid dependency; calls on the negotiators in this context to include in Article 9.3 of the ACP-EU agreement, concerning the proper management of public affairs, the principle of good fiscal governance;
2009/11/20
Committee: DEVE
Amendment 39 #

2009/2165(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls on the Commission and the ACP countries to include in Article 13 of the ACP-EU agreement on migration the principle of circular migration and its facilitation by granting circular visas; stresses that the article in question emphasises respect for human rights and equitable treatment of nationals of ACP countries, but that the scope of these principles is seriously compromised by bilateral readmission agreements with transit countries in a context of externalisation by Europe of the management of migration, which do not guarantee respect for the rights of migrants and which may result in 'cascade' readmissions which jeopardise their safety and their lives;
2009/11/20
Committee: DEVE
Amendment 40 #

2009/2165(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls for negotiations to reinforce human rights clauses and sanctions for failure to respect such clauses, especially with regard to the human rights of minorities, women and people living with HIV/AIDS;
2009/11/20
Committee: DEVE
Amendment 45 #

2009/2165(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Calls, with the aim of enhancing the parliamentary, representative and democratic character of the JPA, for all ACP countries to be genuinely represented by parliamentarians in the JPA in future and not by representatives of governments, as sometimes happens, and consequently for Article 17 of the ACP-EU agreement to be revised to this effect;
2009/11/20
Committee: DEVE
Amendment 51 #

2009/2165(INI)

Motion for a resolution
Paragraph 16
16. Calls for the strengthening and upgrading of the ACP-EU JPA and insists for provisions to be made in the Cotonou Agreement to allow the JPA to scrutinise the country and regional strategy papers, the ACP-EC EPAs and the European Development Fund; calls for genuine synergy to be established between, on the one hand, the new parliamentary committees created by the EPAs and, on the other hand, the JPA;
2009/11/20
Committee: DEVE
Amendment 22 #

2009/2150(INI)

Motion for a resolution
Paragraph 4
4. Asks Member States to increase ODA volumes in order to reach their collective target of 0.56 % of ODA/gross national income (GNI) by 2010 and the target of 0.7 % ODA/GNI for 2015; asks furthermore that they accelerate efforts to improve aid effectiveness by implementing the Paris Declaration and the Accra Agenda for Action; by coordinating their actions more effectively, improving the predictability and sustainability of aid systems, accelerating the rate at which they provide aid, untying aid and increasing the absorption capacity of aid beneficiaries; supports the new international initiative for aid transparency, which seeks to improve the availability and accessibility of information on aid, thus increasing its legitimacy and making it possible to ensure that it is used in the most effective manner to combat poverty; calls on all Member States which have not yet done so to endorse this initiative;
2010/02/10
Committee: DEVE
Amendment 33 #

2009/2150(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Stresses the need to reform world economic governance in order to ensure better representation of developing countries in decision-making fora; proposes, to this end, that the G20 should be expanded to include at least one representative of the developing countries, which could be the President-in-Office of the G77;
2010/02/10
Committee: DEVE
Amendment 34 #

2009/2150(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Calls also on the Commission and Member States to support the proposal by the UN Commission of Experts on Reforms of the International Monetary and Financial System for the establishment of a world council to coordinate economic policies;
2010/02/10
Committee: DEVE
Amendment 35 #

2009/2150(INI)

Motion for a resolution
Paragraph 9 c (new)
9c. calls on the Commission and Member States to devote particular attention to the promotion and protection of decent work, adhering to the recommendations made on this subject by the International Labour Organisation, whose role should be expanded;
2010/02/10
Committee: DEVE
Amendment 41 #

2009/2150(INI)

Motion for a resolution
Paragraph 12
12. Firmly believes that taxing the banking system to fund a deposit insurance or a resolution fund would not be a fair contribution from the financial sector to global social justice; calls instead for an international levy on financial transactions to make the overall tax system more equitable and to generate additional resources for financing development and global public goods, particularly adaptation of developing countries to cope with climate change and its impact;
2010/02/10
Committee: DEVE
Amendment 49 #

2009/2150(INI)

Motion for a resolution
Paragraph 15
15. Calls upon the Member States and the Commission to agree, within the European Union Emission Trading System framework, to devote a fair sharet least 25% of the revenues generated from the auctioning of carbon emission allowances to support developing countries in coping with climate change, in accordance with Directive 2003/87/EC1;
2010/02/10
Committee: DEVE
Amendment 57 #

2009/2150(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Recalls the crucial role of local authorities and decentralised cooperation in development processes; calls on the Commission accordingly to make decentralisation a priority sector for European aid funding in developing countries;
2010/02/10
Committee: DEVE
Amendment 59 #

2009/2150(INI)

Motion for a resolution
Paragraph 20
20. Regards trade as a main driver of economic growth and poverty reduction in developing countries and calls upon the EU and Member States to leverage their international influence forto ensure that development remains at the heart of the Doha Round negotiations and that a successful, fair and development-oriented conclusion of the Doha Round is achieved, while enhancing the pro- poor focus of EU Aid for Trade policy;
2010/02/10
Committee: DEVE
Amendment 61 #

2009/2150(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Stresses that, pursuant to Article 208 of the TFEU, the European Union must ensure that its policies on trade, security, migration, agriculture and other fields serve coherently to benefit developing countries on the one hand and promote an equitable international financial and trading system which is favourable to development on the other hand;
2010/02/10
Committee: DEVE
Amendment 64 #

2009/2150(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Calls for the 'Aid for Trade' strategy to assist all developing countries and not only those which agree to greater opening of their markets, particularly under EPAs;
2010/02/10
Committee: DEVE
Amendment 72 #

2009/2150(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Calls on the Commission to actively promote corporate social and environmental responsibility (CSR) in order to permit effective monitoring of the impact - social, environmental and in terms of respect for human rights - of the operations of transnational undertakings and their subsidiaries in developing countries;
2010/02/10
Committee: DEVE
Amendment 78 #

2009/2150(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. Deplores the downward trend in investment in agriculture in developing countries since the 1980s and urges the Commission to make food security and food sovereignty priorities in the European Union's development policies and therefore to increase support for agriculture, particularly for food production, and rural development;
2010/02/10
Committee: DEVE
Amendment 79 #

2009/2150(INI)

Motion for a resolution
Paragraph 29 b (new)
29b. Calls on the Commission and Member States to accord greater recognition to the role of civil society in coping with crises in developing countries and consequently to step up their support for civil-society organisations (CSO);
2010/02/10
Committee: DEVE
Amendment 80 #

2009/2150(INI)

Motion for a resolution
Paragraph 29 c (new)
29c. Considers that one of the major obstacles to economic development in developing countries lies in the limited access which potential entrepreneurs enjoy to credit and microcredit; stresses moreover that in most cases credit guarantees are not available; calls on the Commission and the European Investment Bank, therefore, to hugely increase credit and microcredit access programmes;
2010/02/10
Committee: DEVE
Amendment 5 #

2008/2135(INI)

Motion for a resolution
Recital B
B. whereas the Doha Development Agenda (DDA) is of crucial importance to both the European Union and India; an FTA does not preclude bilateral WTO+ agreements,
2009/02/03
Committee: INTA
Amendment 9 #

2008/2135(INI)

Motion for a resolution
Recital F
F. whereas India's trade and regulatory environment still remains comparatively restrictive; whereas in 2008 the World Bank ranked India 122 (out of 178 economies) in terms of "ease of doing business",
2009/02/03
Committee: INTA
Amendment 15 #

2008/2135(INI)

Motion for a resolution
Recital I
I. whereas both parties reaffirm their commitment for tariff reductions, progressive reciprocal liberalisation of establishment and trade in services; whereas therefore the FTA should address issues of investment,
2009/02/03
Committee: INTA
Amendment 16 #

2008/2135(INI)

Motion for a resolution
Recital J
J. whereas market access is being hampered by Non-tariff Barriers to Trade (NTBs) such as health and safety requirements or technical barriers, quantitative restrictions, conformity procedures, trade defence mechanisms, customs procedures, intneeds to be accompanied by transparent and adequate rules and standards to ensure that trade libernal taxisation, and a failure to adopt international norms and standards is beneficial,
2009/02/03
Committee: INTA
Amendment 27 #

2008/2135(INI)

Motion for a resolution
Recital O
O. whereas studies show that the more ambitious the FTA, the more positive economic effects for both EU and India,deleted
2009/02/03
Committee: INTA
Amendment 32 #

2008/2135(INI)

Motion for a resolution
Paragraph 1
1. Believes that the FTA should be comprehensive, compatible with and complementary toatible with the WTO rules and obligations; the DDA remains both the European Union's and India's trade priority;
2009/02/03
Committee: INTA
Amendment 38 #

2008/2135(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the outcome of the 9th EU- India Summit and the revised Joint Action Plan; recalls the pledge of the European Union and India to accelerate FTA talks; is disappointed with the slow pace of negotiations; calls for both parties to conclude a comprehensive, ambitions and balanced FTA by the end of 2009encourages the negotiating parties to ensure that sufficient time is taken for more thorough consultations with key stakeholders including parliamentarians in India as well as in the European Union, in order to ensure a balanced agreement which takes into account the interests and perspectives of all affected stakeholders;
2009/02/03
Committee: INTA
Amendment 41 #

2008/2135(INI)

Motion for a resolution
Paragraph 5
5. Points to the future potential for an increase in EU-India trade and investment; considers the EU- India FTA as win-win scenariounderlines that the agreement must ensure that this increase in trade brings benefits to the widest number of people, as well as to the environment and enables the achievement of India’s millennium development goals;
2009/02/03
Committee: INTA
Amendment 45 #

2008/2135(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Recognises the right of governments to maintain necessary 'policy space' and regulatory capacities to shape economic and social policies that serve their most vulnerable people, including trade measures to protect weak economic actors;
2009/02/03
Committee: INTA
Amendment 46 #

2008/2135(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Stresses that an agreement should include a continued monitoring and comprehensive review system, in order to determine the socio-economic impact of the agreement; calls for provisions of the agreement to be adjusted in line with the conclusions of this review;
2009/02/03
Committee: INTA
Amendment 49 #

2008/2135(INI)

Motion for a resolution
Paragraph 5 c (new)
5c. Asks the Commission to include an ambitious sustainable development chapter as an essential part of the agreement and subject to the standard dispute settlement mechanism;
2009/02/03
Committee: INTA
Amendment 52 #

2008/2135(INI)

Motion for a resolution
Paragraph 7
7. Regrets that India maintains the principle of asymmetry; urges the Commission to push for a reciprocal, symmetrical FTA;deleted
2009/02/03
Committee: INTA
Amendment 58 #

2008/2135(INI)

Motion for a resolution
Paragraph 8
8. Notes India's decreased average applied tariffs; stresses that these levels remain a genuine problem for European industry;
2009/02/03
Committee: INTA
Amendment 62 #

2008/2135(INI)

Motion for a resolution
Paragraph 10
10. Notes that India is concerned about the lack of harmonisation of micro- biological standards in the EU, implications of REACH, costly certificates and conformity procedures; stresses that these issues must be resolved in the FTA; calls on both parties to ensure that regulation and NTBs do not get in the way of trade;deleted
2009/02/03
Committee: INTA
Amendment 73 #

2008/2135(INI)

Motion for a resolution
Paragraph 13
13. Recognises that services are the fastest growing sector of the Indian economy; notes that India has offensive interests in GATS Mode 1 and Mode 4 liberalisation; the European Union would like to complete liberalisation in market access and national treatment in Mode 3 in most services, the removal of Foreign Investment Promotion Board approval and allowing subsidiaries in the financial sector to be wholly-owned;
2009/02/03
Committee: INTA
Amendment 79 #

2008/2135(INI)

Motion for a resolution
Paragraph 15
15. Points out that India's services suffer from a range of horizontal barriers; stresses that the challenge for the FTA is not only to accelerate liberalisation in India's services sectors, but also to facilitate the implementation of a range of complementary reforms;deleted
2009/02/03
Committee: INTA
Amendment 90 #

2008/2135(INI)

Motion for a resolution
Paragraph 19
19. Notes that India is gradually liberalising its banking sector; encourages India to allow more competition; recalls at the same time the importance of strong and well-designed rules and regulations for financial services and control of international financial transactions;
2009/02/03
Committee: INTA
Amendment 93 #

2008/2135(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Points out that services liberalisation must in no way hinder the right to regulate services, especially to develop and maintain strong public services;
2009/02/03
Committee: INTA
Amendment 94 #

2008/2135(INI)

Motion for a resolution
Paragraph 20
20. WelcomNotes the Indian pledge to allow foreign law firms to operate in India; calls on the Commission to push forexplore with Indian authorities the opportunity and the scope of liberalisation of legal services in the FTA;
2009/02/03
Committee: INTA
Amendment 101 #

2008/2135(INI)

Motion for a resolution
Paragraph 21 a (new)
21a.Recalls that investments need to be accompanied by well-designed rules and regulations; reaffirms in this context its resolution of 13 March 2007 on corporate social responsibility (2006/2133(INI)) and asks the Commission to make sure that EU-based transnational companies with production facilities in India abide by core ILO standards, social and environmental covenants and international agreements to achieve a worldwide balance between economic growth and higher social and environmental standards;
2009/02/03
Committee: INTA
Amendment 102 #

2008/2135(INI)

Motion for a resolution
Paragraph 21 b (new)
21b. Recognises that FTA investment chapters have often come accompanied with commitments to liberalise capital movements and renounce capital controls; asks the Commission to refrain from including such clauses, given the importance of capital controls – especially for developing countries - to mitigate against the impact of the financial crisis;
2009/02/03
Committee: INTA
Amendment 110 #

2008/2135(INI)

Motion for a resolution
Paragraph 24
24. RegretNotes that India is not willing to include public procurement in the FTA; calls on the Commission to negotiate effective and transparent procurement systemsunderlines that an agreement should guarantee and secure the right of states to use government procurement as an instrument to encourage local economic development;
2009/02/03
Committee: INTA
Amendment 113 #

2008/2135(INI)

Motion for a resolution
Paragraph 25
25. Encourages the implementation of the new Indian competition law; believes that the European Union should incorporate Art 81 and 82 of the Treaty in the FTA to secure commitments on competition policy;deleted
2009/02/03
Committee: INTA
Amendment 115 #

2008/2135(INI)

Motion for a resolution
Paragraph 26
26. Welcomes India's commitment to a strong IPR regime; encourages its rigorous implementation and enforcement and to the use of TRIPS flexibilities to meet its public health obligations, particularly in relation to access to medicines; stresses that these negotiations must be compatible with protecting biodiversity and traditional knowledge;
2009/02/03
Committee: INTA
Amendment 125 #

2008/2135(INI)

Motion for a resolution
Paragraph 28
28. Regrets the Indian Patent Amendment Act does not contain any provisions on data exclusivity; notes that lack of data protection and exclusivity are of major concern for EU pharmaceutical companies in India;deleted
2009/02/03
Committee: INTA
Amendment 126 #

2008/2135(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Calls on the European Union and India to jointly fund and support measures and initiatives such as prize funds, patent pools and other alternative mechanisms, in order to support access to and innovation in medicines, particularly for neglected diseases;
2009/02/03
Committee: INTA
Amendment 128 #

2008/2135(INI)

Motion for a resolution
Paragraph 29
29. Calls on the European Union and India to ensure that trade and FDI isare not encouraged at the cost of lowering either environmental, standards or core labour, or occupational health and safety legislation and standards; ensuring adequate capacity to monitor labour market and environmental developments, including the observance of such standards, is indispensible;
2009/02/03
Committee: INTA
Amendment 129 #

2008/2135(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. Asks for the ratification and effective application of the basic conventions of the International Labour Organisation (ILO);
2009/02/03
Committee: INTA
Amendment 2 #

2008/2115(INI)

Draft opinion
Recital A
A. whereas health care systems are an essential element of the European Social Model and make a major contribution to social justice and social cohesion, and as social and health services in the general interest perform a general interest task,
2008/05/23
Committee: EMPL
Amendment 4 #

2008/2115(INI)

Draft opinion
Recital A a (new)
Aa. whereas all European citizens are entitled to receive health care,
2008/05/23
Committee: EMPL
Amendment 5 #

2008/2115(INI)

Draft opinion
Recital A b (new)
Ab. whereas the Member States are responsible for the organisation of health care, in accordance with the principle of subsidiarity and pursuant to Article 152(5) of the EC Treaty,
2008/05/23
Committee: EMPL
Amendment 7 #

2008/2115(INI)

Draft opinion
Recital B
B. whereas access togood health care is a fundamental right laid down in Article 35 of the Charter of Fundamental Rights of the European Union, with this involving access to health care and health services, and providing equal access for all to a high-quality health care is a core task of Member States’ public authorities,
2008/05/23
Committee: EMPL
Amendment 14 #

2008/2115(INI)

Draft opinion
Recital E
E. whereas prevention must be placed at the heart of European and governmental policies and of sickness insurance policies and health care should be adapted to the changing needs and features of the EU population and that it(deletion) should be based on the principles of prevention, health protection and good health promotion - both physical and mental - and on the fostering of healthy lifestyles from an early age,
2008/05/23
Committee: EMPL
Amendment 46 #

2008/2115(INI)

Draft opinion
Paragraph 4
4. Invites the Commission and the Member States further to explore, in the framework of the EU’s health strategy, the synergies between scientific and technological research on the one hand, and the development of new medical sectors and therapies on the other, as they can have a very positive impact on the health status of EU citizens, lowering costs and increasing the efficiency of the system, and increasing employment at EU level.
2008/05/23
Committee: EMPL
Amendment 51 #

2008/2115(INI)

Draft opinion
Paragraph 4 a (new)
4a. Stresses that any Community action in the field of health must adhere to the principle of solidarity which governs the national health systems, thereby ensuring that patients are treated equally; considers that access to care must be guaranteed through effective reimbursement hinging around a pooling of risks,
2008/05/23
Committee: EMPL
Amendment 1 #

2008/2085(INI)

Motion for a resolution
Title
on Challenges to collective agreements and industrial relations in the EU
2008/06/10
Committee: EMPL
Amendment 11 #

2008/2085(INI)

Motion for a resolution
Recital B a (new)
Ba. Whereas according to Article 136 EC, the Community and the Member States shall have as their objectives (...) “improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained”; and whereas with a view to achieving this objective, Article 140 of the EC Treaty provides that the Commission is to promote close cooperation between Member States in the social field, particularly in matters relating to the right of association and collective bargaining between employers and workers,
2008/06/10
Committee: EMPL
Amendment 22 #

2008/2085(INI)

Motion for a resolution
Recital F
F. Whereas Aarticle 3(8).8 of the PWD gives the possibility to implement the directive either through legislation, generally applicable collective arrangements or through other collective agreements which are considered the most representative; the ECJ also affirms that other methods, e.g. the autonomous collective bargaining model, may be used, or through collective agreements that have been declared universally applicable, or that are generally applicable to all similar undertakings in the industry concerned or that have been concluded by the most representative employers’ and labour organisations at national level and which are applied throughout the national territory; the ECJ also affirms that since the purpose of Directive 96/71 is not to harmonize systems for establishing terms and conditions of employment in the Member States, they are free to choose a system at the national level which is not expressly mentioned among those provided for in the PWD; however, the ECJ at the same time has limited this freedom by adding the condition that this is only so ‘provided that it does not hinder the provision of services between Member States’, thereby questioning the subsidiarity principle,
2008/06/10
Committee: EMPL
Amendment 34 #

2008/2085(INI)

Motion for a resolution
Recital K
K. Whereas the ECJ in the Albany judgement (C- 67/96) in the field of competition law gave substantial and large space for trade unions to regulate labour market issues; in fact, at that time the ECJ rejected the direct horizontal effect forsocial partners to adopt measures to improve conditions of work and employment; in fact, having regard to the social objectives of the EU, the ECJ rejected the application of competition rules on collective bargainingagreements,
2008/06/10
Committee: EMPL
Amendment 39 #

2008/2085(INI)

Motion for a resolution
Recital L
L. Whereas the ECJ in both the Laval and Rüffert cases made a completely different interpretation of European legislation than the advocate general, showing that different interpretations of the PWD are possible,
2008/06/10
Committee: EMPL
Amendment 55 #

2008/2085(INI)

Motion for a resolution
Recital N
N. Whereas the ECJ in the Rüffert case has significantly diminished the scope for Member States to regulate theirput into question the subsidiarity principle i.e. the scope for Member States to maintain their own system of industrial relations and collective bargaining and also narrows downhas referred to the purpose of the PWD, neglecting the PWD’s two fold aim – as if just having the single aim of promoting the free movement of services, thereby neglecting the PWD’s clearly stated objective in its consideration number 5 which is that ‘the protecmotion of workers and free movementthe transnational provision of services requires a climate of fair competition and measures guaranteeing respect for the rights of workers’,
2008/06/10
Committee: EMPL
Amendment 63 #

2008/2085(INI)

Motion for a resolution
Recital O
O. Whereas the ECJ in the Viking case introduces a horizontal direct effect of Articles 43 and 49 which can be used by employers and service providers to challenge collective agreements and industrial actions with a cross-border effect; the autonomy for collective bargaining from competition rules is thereby not extended to the field of free movement with a risk that industrial relations in the Member States will be put under legal scrutiny; trade unions are consequently being treated as emanations of the state, which they are clearly not; this also means that trade unions – different from the state – cannot use public policy justifications; consequently, this new uncertainty in industrial relations could result in a “flood” of cases to the ECJ,
2008/06/10
Committee: EMPL
Amendment 74 #

2008/2085(INI)

Motion for a resolution
Paragraph 1
1. Underlines that the freedom to provide services is aone of the cornerstones of the European project; however, this has to be balanced against fundamental rights and the possibilitysocial objectives anchored in the Treaties and the right for governments and trade unions to ensure non-discrimination and equal treatment, and the improvement of living and working conditions;
2008/06/10
Committee: EMPL
Amendment 93 #

2008/2085(INI)

Motion for a resolution
Paragraph 3
3. Emphasises that the freedom to provide services is not superior to the fundamental right for trade unions to take industrial action; especially, since this is a constitutional right in several Member States;deleted
2008/06/10
Committee: EMPL
Amendment 105 #

2008/2085(INI)

Motion for a resolution
Paragraph 4 c (new)
4c. Emphasises that the freedom to provide services is not superior to the fundamental rights as laid down in the EU Charter of Fundamental Rights and in particular the right for trade unions to take industrial action, especially since this is a constitutional right in several Member States; emphasizes therefore that the ECJ rulings in Rüffert, Laval and Viking show that it is necessary to clarify that economic freedoms, as established in the Treaties, shall be interpreted in such a way as not infringing upon the exercise of fundamental social rights as recognised in the Member States and by Community law, including the right to negotiate, conclude and enforce collective agreements and to take collective action, and as not infringing upon the autonomy of social partners when exercising these fundamental rights in pursuit of social interests and the protection of workers;
2008/06/10
Committee: EMPL
Amendment 108 #

2008/2085(INI)

Motion for a resolution
Paragraph 5
5. Stresses that, even if – as the ECJ claimed in the Laval case – Article 3(7).7 of the PWD clearly states that trade unions should be able to demand terms and conditions of employment which are more favourable to workersmay have been drafted especially to ensure that the applicability of the mandatory rules of the host country as enumerated in Article 3.1 of the Posting Directive would not prevent the application of terms and conditions of employment which are more favourable to the worker pursuant to the law or collective agreements in the Member State of origin, the right of trade unions in the host country to demand terms and conditions of employment which are more favourable to workers can never be restricted as this is part of the fundamental right of freedom of association and collective bargaining;
2008/06/10
Committee: EMPL
Amendment 161 #

2008/2085(INI)

Motion for a resolution
Paragraph 11
11. Questions the introduction of a proportionality principle in the Viking case for the right to use collective action against undertakings which, when using the right of establishment or the right to provide services across borders, deliberately undercut terms and conditions of employment; such a proportionality principle is not compatible with the character of this right as a fundamental right; there should be no question about the right of trade unions to use industrial action to uphold equal treatment and secure decent working conditions;
2008/06/10
Committee: EMPL
Amendment 164 #

2008/2085(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Emphasises that the EC’s economic freedoms cannot be interpreted as granting undertakings the right to exercise them for the purpose or with the effect of evading or circumventing national social and employment laws and practices, or for unfair competition on wages and working conditions; considers therefore that cross border actions of undertakings which may undercut terms and conditions of employment in the host country must be proportional and cannot be automatically justified by the Treaty provisions on free movement of services or freedom of establishment as such;
2008/06/10
Committee: EMPL
Amendment 180 #

2008/2085(INI)

Motion for a resolution
Paragraph 13
13. Regrets the fact that even though the PWD was formulated as a minimum standard directive, the ECJ determines that those minimum standards must be regarded as the maximum in the context of the Laval judgement; this approach causes great concerns as to whether any directives decided on the basis of a minimum approach are regarded as valid; if all directives in the social dimension were to be reformulated as maximum directives, as in the case of the PWD, the consequences would be enormous;
2008/06/10
Committee: EMPL
Amendment 187 #

2008/2085(INI)

Motion for a resolution
Paragraph 14
14. Regrets that theas a direct consequence of the ECJ’s interpretation of the PWD in the Rüffert judgment, the scope for the introduction and implementation of social considerations referred to in Articles 26 and 27 inof Directive 2004/18, do (Public Procurement Directive), has been limited and according to the ECJ cannot include anymore terms and conditions of employment which go beyond the mandatory rules for minimum protection as interpreted by the ECJ; draws attention to the fact that this may create problems of legal consistency and legal complications for the 10 EU Member States that have ratified ILO Convention 94;
2008/06/10
Committee: EMPL
Amendment 231 #

2008/2085(INI)

Motion for a resolution
Paragraph 19
19. Calls on all the Member States to implement and enforce the PWD properly;
2008/06/10
Committee: EMPL
Amendment 242 #

2008/2085(INI)

Motion for a resolution
Paragraph 20
20. Underlines that the ECJ has interpreted EU legislation in a way that was not the intention of the legislators;Expresses concerns that the ECJ rulings in the Viking, Laval and Rüffert cases have exposed loopholes, inconsistencies and weaknesses in European law and especially the PWD; therefore calls on the Commission, the Council and the EP to take immediate action to ensure the necessary changes in EU legislation to change the new practise of the ECJwhich would clarify the intentions of the legislators and lead to better regulation;
2008/06/10
Committee: EMPL
Amendment 247 #

2008/2085(INI)

Motion for a resolution
Paragraph 21
21. Therefore calls on the Commission to take immediate action to make necessary changes in European legislation in order to counter the possible detrimental social, economical and political effects of the ECJ judgements;deleted
2008/06/10
Committee: EMPL
Amendment 273 #

2008/2085(INI)

Motion for a resolution
Paragraph 23 – indent 1
- a new or additional legal basis for the PWD to better protect workers; workers posted within the framework of services should be regarded as using the right of freedom of movement of workers and not, which would make reference to the free movement of workers provisions of the Treaty; it should be clarified that the free movement of services provisions were clearly intended to cover companies and self employed craftspersons and professionals providing services, whereas the moving around of workers would be covered by the free movement of serviceworkers provisions;
2008/06/10
Committee: EMPL
Amendment 274 #

2008/2085(INI)

Motion for a resolution
Paragraph 23 – indent 1 a (new)
- ensure that any possible inconsistencies between the PWD and ILO Convention 94 on public procurement, which has been ratified by ten EU Member States, and which has been recognized by the EU institutions in 2006 as an up to date Convention whose ratification should be promoted among EU Member States, are addressed and solved so that the PWD is not seen as a hindrance for further ratification;
2008/06/10
Committee: EMPL
Amendment 275 #

2008/2085(INI)

Motion for a resolution
Paragraph 23 – indent 2
- a possibility in the Directive for Member States to refer in law or collective agrepublic procurements law to the 'habitual or prevailing wages' applicable on the basis of regulations or collective agreements in the place of work in the host country as defined in the ILO 94 and not only ‘minimum’ rates of payILO Convention 94;
2008/06/10
Committee: EMPL
Amendment 277 #

2008/2085(INI)

Motion for a resolution
Paragraph 23 – indent 5
- the recognition of a wider range of methods of organizing labour marketssetting terms and conditions of employment than those currently covered by Article 3(8) including in particular public procurement law;
2008/06/10
Committee: EMPL
Amendment 278 #

2008/2085(INI)

Motion for a resolution
Paragraph 23 – indent 5 a (new)
- the recognition of Member States' wide margin of discretion in defining the public policy provisions referred to in Article 3.10 of the PWD, in accordance with the principle of subsidiarity;
2008/06/10
Committee: EMPL
Amendment 296 #

2008/2085(INI)

Motion for a resolution
Paragraph 25
25. Would welcome a move to summarize Urges the Commission, the Council and the European Parliament to ensure that also in primary law there is no ambiguity as to the fact that fundamental social rights are not hierarchically subordinate to the economic freedoms, as already recognized in secondary law, i.e. the social clauses that exist in the Monti directiveregulation and in the Services directive in a social clause, either, for instance through a protocol attached to the Treaty or in an inter- institutional agreementies at the next revision;
2008/06/10
Committee: EMPL
Amendment 304 #

2008/2085(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Calls on the Commission to put forward the long awaited Communication on transnational collective bargaining proposing the establishment of a legal framework for transnational collective agreements;
2008/06/10
Committee: EMPL
Amendment 50 #

2008/0142(COD)

Proposal for a directive
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Articles 95, 137 and 152 thereof,
2009/01/21
Committee: ENVI
Amendment 53 #

2008/0142(COD)

Proposal for a directive
Recital 1 a (new)
(1a) whereas citizens’ entitlements to social security derive from their status as workers, in accordance with Article 137, in particular paragraphs 1, 2 and 4 thereof, and the Commission has a duty to guarantee the Member States’ responsibility with regard to health,
2009/01/21
Committee: ENVI
Amendment 61 #

2008/0142(COD)

Proposal for a directive
Recital 4
(4) Health and health systems in the Member States are a matter of general interest. The health systems of the CommunityMember States are a central component of Europe’s high levels of social protection, and contribute to social cohesion and social justice as well as to sustainable development. They are alsoAlthough their specific nature should be noted, at the same time they are part of the wider framework of services of general interest.
2009/01/21
Committee: ENVI
Amendment 84 #

2008/0142(COD)

Proposal for a directive
Article 5 – paragraph 1 – introductory part
1. The Member States of treatment shall be responsible for the organisation and the delivery of healthcare. In such a context and taking into account principles ofcompliance with principles of general interest, universality, access to good quality care, equity and solidarity, and the public-service missions that derive therefrom , as conferred upon health service providers, they shall define clear quality and safety standards for healthcare provided on their territory, and ensure that:
2008/12/09
Committee: EMPL
Amendment 125 #

2008/0142(COD)

Proposal for a directive
Article 8 – paragraph 1 – point a
(a) healthcare which requires overnight accommodation of the patient in question for at least one night or which is defined as such by the national law of the Member State of affiliation.
2008/12/09
Committee: EMPL
Amendment 140 #

2008/0142(COD)

Proposal for a directive
Recital 30
(30) There is no general definition of what constitutes hospital care throughout the different health systems of the Community, and different interpretations could therefore constitute an obstacle to the freedom for patients to receive healthcare. In order to overcome that obstacle, it is necessary to provide a Communitygeneral definitions of hospital care and specialised care. Hospital care generally means care requiring the overnight accommodation of the patient. However, it may beis also appropriate to submit to the same regime of hospital care also certain other kinds of healthcare, if that healthcare requires use of highly specialised and cost- intensive medical infrastructure or medical equipment (e.g. high-technology scanners used for diagnosis) or involving treatments presenting a particular risk for the patient or the population (e.g. treatment of serious infectious diseases). A regularly updated list of such treatments shall be specifically defined by the Commission through the comitology procedurEach Member State of affiliation should draw up a list of such treatments which will be paid for by its social security system. This list must be published and should not constitute a disproportionate obstacle.
2009/01/21
Committee: ENVI
Amendment 151 #

2008/0142(COD)

Proposal for a directive
Recital 31
(31) The evidence available indicates that the application of free movement principles regarding use of healthcare in another Member State within the limits of the cover guaranteed by the statutory sickness insurance scheme of the Member State of affiliation will not undermine the health systems of the Member States or financial sustainability of their social security systems. However, the Court of Justice has recognised that it cannot be excluded that the possible risk of seriously undermining a social security system's financial balance or the objective of maintaining a balanced medical and hospital service open to all may constitute overriding reasons in the general interest capable of justifying a barrier to the principle of freedom to provide services. The Court of Justice has also recognised that the number of hospitals, their geographical distribution, the way in which they are organised and the facilities with which they are provided, and even the nature of the medical services which they are able to offer, are all matters for which planning must be possible. This Directive should therefore provide for a system of prior authorisation for assumption of costs for hospital and specialised care received in another Member State, where the following conditions are met : had the treatment been provided on its territory, it would have been assumed by its social security system and the consequent outflow of patients due to the implementation of the directive seriously undermines or is likely to seriously undermine the financial balance of the social security system and/or this outflow of patients seriously undermines, or is likely to seriously undermine the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member. As the assessment of the precise impact of an expected outflow of patients requires complex assumptions and calculations, the Directive allows for a system of prior authorisation if there is sufficient reason to expect that the social security system will be seriously undermined. This should also cover cases of already existing systems of prior authorisation which are in conformity with conditions laid down in Article 8.
2009/01/21
Committee: ENVI
Amendment 170 #

2008/0142(COD)

Proposal for a directive
Article 10 – paragraph 1
1. The Member States of affiliation shall ensure that there are mechanisms in place to provide patients on request with information on receiving healthcare in another Member State, and the terms and conditions that would apply, inter alia, whenever harm is caused as a result of healthcare received in another Member State. The Member States of affiliation shall ensure that the information provided to patients corresponds to public health considerations and is impartial, comparative and complete.
2008/12/09
Committee: EMPL
Amendment 197 #

2008/0142(COD)

Proposal for a directive
Article 1
TIn keeping with the public-service remit conferred on Member States’ healthcare systems, based on the principles of universality, access to high quality care, fairness and solidarity, this Directive establishes a general framework for the provision of safe, high quality and efficient cross-border healthcare and for the reimbursement of the cost of cross-border healthcare.
2009/02/02
Committee: ENVI
Amendment 199 #

2008/0142(COD)

Proposal for a directive
Article 14 – paragraph 2 – point b
(b) measures to ensure that medicinal products prescribed in one Member State and dispensed in another are correctly identified and that the information to patients concerning the product is comprehensible; prescriptions issued using this Community form must be formulated in accordance with the international non-proprietary name (INN) system;
2008/12/09
Committee: EMPL
Amendment 209 #

2008/0142(COD)

Proposal for a directive
Article 2
This Directive shall apply to provision of healthcare regardless of how it is organised, delivered and financed or whether it is public or privatcross-border healthcare and to individual patients who independently choose to seek healthcare abroad. This Directive shall not serve to encourage the provision of cross-border healthcare or the referral of patients by the social security scheme of a Member State to the healthcare system of another Member State in order to receive treatment there.
2009/02/02
Committee: ENVI
Amendment 437 #

2008/0142(COD)

Proposal for a directive
Article 7
The Member State of affiliation shall not make the reimbursement of the costs of non-hospital care provided in another Member State subject to prior authorisation, where the cost of that care, if it had been provided in its territory, would have been paid for by its social security system. . Any patients who receive non-hospital care in another Member State shall notify this care to the social security scheme of their Member State of affiliation before they leave to receive the care They shall also declare that they have received information concerning the care, in accordance with Article 10 of this Directive. If such a declaration is not sent with the notification of non-hospital care in another Member State, the social security scheme of the Member State of affiliation shall ascertain from the patients that they have taken steps prior to their departure to receive all the necessary information relating to this non-hospital care in another Member State.
2009/01/22
Committee: ENVI
Amendment 443 #

2008/0142(COD)

Proposal for a directive
Article 8
1. For the purposes of reimbursement of healthcare provided in another Member State in accordance with this Directive, hospital care and specialised care shall mean: (a) healthcare which requires overnight accommodation of the patient in question for at least one night; (b) healthcare, included in a specific list, that does noas defined in the legislation of the Member State of affiliation, which shall be subject to planning if it requires overnight accommodation of the patient in question for at least one night. This list shall be limited to: - healthcare that or requires use of highly specialised and cost-intensive medical infrastructure or medical equipment; or - healthcare involvinges treatments presenting a particular risk for the patient or the population. 23. This list shall be set up and may be regularly updated by the Commission. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3).3. 3. The Member State of affiliation may provide for a system ofe Member State of affiliation shall submit for prior authorisation fthe payment or reimbursement by its social security system of the cost of hospital or specialised care provided in another Member State where the following conditions are met : (a) had the healthcare been provided in its territory, it would have been assumed by the Member State's social security system; and (b) the purpose of the system is to address the consequent outflow of patients due to the implementation of the present Article and to prevent it from seriously undermining, or being likely to seriousl, as defined by the Member State of affiliation in accordance with Paragraph 1. 4. The refusal of prior authorisation shall be limited to what is necessary uandermine: (i) the financial balance of the Member State's social security system; and/or (ii) the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member State. 4. The prior authorisation system shall be limited to what is necessary and proportionate to avoid such impact, and shall not constitute a means of arbitrary discrimination proportionate and shall not constitute a means of arbitrary discrimination. 4a. The authorisation required under Paragraph 1 may be refused if it is established that a move may compromise the patient's state of health or the provision of medical treatment. 5. The Member State shall make publicly available all relevant information on the prior authorisation systems introduced pursuant to the provisions of paragraph 3.
2009/01/22
Committee: ENVI
Amendment 6 #

2007/2198(INI)

Motion for a resolution
Citation 13 a (new)
13a. having regard to the evaluation report of the external consultancy Mayer, Rowe and Maw LLP, entitled “Evaluation of EC Trade Defence Instruments” (December 2005),
2008/03/26
Committee: INTA
Amendment 7 #

2007/2198(INI)

Motion for a resolution
Citation 13 b (new)
13b. having regard to the document of the Commission entitled “Evaluation of the responses to the public consultation on Europe's trade defence instruments in a changing global economy” (19 November 2007),
2008/03/26
Committee: INTA
Amendment 10 #

2007/2198(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the results of the public consultation are available in the document entitled "Evaluation of the responses to the public consultation on Europe's trade defence instruments in a changing global economy" (19 November 2007),
2008/03/26
Committee: INTA
Amendment 11 #

2007/2198(INI)

Motion for a resolution
Recital B
B. whereas, under the recently reviewed Lisbon Agenda, the Community set itself the objective of strengthening the European economy by, inter alia, improving the competitiveness of the Community in the world economy and thereby creating new and better jobs,deleted
2008/03/26
Committee: INTA
Amendment 12 #

2007/2198(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the evidence available regarding the EU's application of TDIs, as quoted in the Commission's summary of the 2005 study Evaluation of EC trade defence instruments, shows that 'the status quo is both reasonable and adequate in order to address the interests of all groups of parties', which raises substantial doubts about the urgency and need to amend these instruments,
2008/03/26
Committee: INTA
Amendment 15 #

2007/2198(INI)

Motion for a resolution
Recital C
C. whereas, in the absence of internationally agreed upon competition rules in the WTO currently leaves no alternative but TDIs to, TDIs are the only suitable solution for dealing with unfair trade practices,
2008/03/26
Committee: INTA
Amendment 22 #

2007/2198(INI)

Motion for a resolution
Recital D
D. whereas, in TDI investigations, a balance has too often failed to be attained among taking timely action when unfair trade is injuring EU industry, the need to maintain the quality and thoroughness of Commission investigations and the maintenance of transparency and opportunity for all interested parties to contribute,
2008/03/26
Committee: INTA
Amendment 27 #

2007/2198(INI)

Motion for a resolution
Recital E
E. whereas anti-dumping is a very specific and narrowly focused instrument tackling anticompetitive practices; whereas antidumping is not and is not currently designed to tackle labour and environmental standards and to apply such standards that would hardly be in line with current WTO regulation,
2008/03/26
Committee: INTA
Amendment 31 #
2008/03/26
Committee: INTA
Amendment 32 #

2007/2198(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas, in a globalised world, EU companies need a reinforced mechanism to combat unfair commercial practices, allowing them to create jobs and stimulate growth in the Union,
2008/03/26
Committee: INTA
Amendment 41 #

2007/2198(INI)

Motion for a resolution
Paragraph -1 (new)
- 1. Asks the Commission to take into account the results of the Green Paper for public consultation (COM(2006)0763) and the results of the independent study that it ordered, as both reflect the legitimate interests of all stakeholders;
2008/03/26
Committee: INTA
Amendment 45 #
2008/03/26
Committee: INTA
Amendment 51 #

2007/2198(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Considers that, in the absence of internationally recognised rules on competition, the current European TDI system is the best response to ensure a level playing field for all actors and to avoid distorting effects in international trade;
2008/03/26
Committee: INTA
Amendment 54 #

2007/2198(INI)

Motion for a resolution
Paragraph 2
2. Reiterates the belief in the benefits of an open trading system, offsetting its potentially disruptive impact, and contributing decisively to the stimulation of growth and the creation of jobs; takes the view that the EU should continue to promote increased global liberalisation and free and fair trade and resist any protectionist temptation;deleted
2008/03/26
Committee: INTA
Amendment 59 #

2007/2198(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Underlines that the EU already has a TDI regime with higher standards, resulting in more stringent application, than other trading partners especially with regard to the initiation, course and subsequent outcome of these investigations;
2008/03/26
Committee: INTA
Amendment 62 #

2007/2198(INI)

Motion for a resolution
Paragraph 3
3. Emphasises that the TDI rules lack clarity in procedure which causes unnecessary uncertainty both in regard to the initiation, procedure of investigations and in the outcome of these investigations;deleted
2008/03/26
Committee: INTA
Amendment 68 #

2007/2198(INI)

Paragraph 4 Motion for a resolution Amendment4 4. Takes the view that the TDI system has deleted to take into account the legitimate interest of European economic operators who need to take advantage of global supply chains to have access to raw-materials and tie-in products to stay competitive;
2008/03/26
Committee: INTA
Amendment 75 #

2007/2198(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Believes that the current EU TDI system already takes due account of the rightful and legitimate interests of all European stakeholders, as was stated by the majority of governments and stakeholders during the public consultation on the above-mentioned Green Paper;
2008/03/26
Committee: INTA
Amendment 76 #
2008/03/26
Committee: INTA
Amendment 81 #

2007/2198(INI)

Motion for a resolution
Paragraph 6
6. Is worried about the lack of coordination between the internal policies of the EU, especially those dealing with industry related matters (including the anti-competition law) and trade defence remedies;deleted
2008/03/26
Committee: INTA
Amendment 84 #

2007/2198(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Asks the Commission to act accordingly in order to instil social and environmental considerations into the reform of antidumping rules during the WTO negotiations, based on the international fundamental social and environmental standards that already exist;
2008/03/26
Committee: INTA
Amendment 86 #
2008/03/26
Committee: INTA
Amendment 90 #

2007/2198(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Believes that the EU TDI system should address all increasing unfair trade behaviour that hampers the ordinary course of trade, such as fraud, circumvention, dual pricing and violations of IPR, which greatly affect fair competition in international markets;
2008/03/26
Committee: INTA
Amendment 93 #

2007/2198(INI)

Motion for a resolution
Paragraph 9
9. Urges the Commission to revise its standards of initiation for new TDI investigations and ensure that the complaining industry provides prima facie evidence that all the AD basic requirements (dumping, injury, causal link) have been met and that measures are not overly and clearly against community interest;deleted
2008/03/26
Committee: INTA
Amendment 99 #

2007/2198(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Asks the Commission to maintain its strict criteria when initiating new TDI investigations in order to guarantee that prima facie evidence is provided by the complainants and that all the AD conditions for initiation are met;
2008/03/26
Committee: INTA
Amendment 100 #

2007/2198(INI)

Motion for a resolution
Paragraph 10
10. Believes that it responds to sound legal and logic principles that complainants in TDI investigations have to substantiate their allegations and prove that these measures are in the broader Community interest;deleted
2008/03/26
Committee: INTA
Amendment 101 #
2008/03/26
Committee: INTA
Amendment 105 #

2007/2198(INI)

Motion for a resolution
Paragraph 11
11. Calls on the commission to reconsider the standing requirement for the initiation of new AD and countervailing duty (CVD) investigations (currently fixed at 25%) of the Community production of a given item, by taking inspiration from applicable European competition legislation;deleted
2008/03/26
Committee: INTA
Amendment 108 #

2007/2198(INI)

Motion for a resolution
Paragraph 12
12. Believes that a modernized definition of “Community industry” should take the value added in Europe through the new and global supply chains into consideration; calls on the Commission to reconsider the present definition of "Community industry", by laying down objective criteria to grant the status of Community industry;deleted
2008/03/26
Committee: INTA
Amendment 112 #

2007/2198(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to take into serious consideration the position of European importers, wholesalers and retailers in TDI investigations;deleted
2008/03/26
Committee: INTA
Amendment 116 #

2007/2198(INI)

Motion for a resolution
Paragraph 14
14. Calls on Commission and the Member States to take into account the impact of TDI measures on consumers, by assessing their consequences in terms of price level, quality, availability and choice;deleted
2008/03/26
Committee: INTA
Amendment 120 #

2007/2198(INI)

Motion for a resolution
Paragraph 15
15. Regrets the fact that the decision- making process concerning the award of country-wide market economy status to third countries in TDI investigations often lacks transparency and logic; urges the Commission to ensure that the choice of the "analogue country" is based on realistic and duly motivated criteria;deleted
2008/03/26
Committee: INTA
Amendment 123 #

2007/2198(INI)

Motion for a resolution
Paragraph 16
16. Takes the view that the countervailing duty instrument should be used in preference to the anti-dumping instrument in all cases where this is legally and economically feasible;deleted
2008/03/26
Committee: INTA
Amendment 125 #

2007/2198(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Believes that there is no reason to reconsider the current definition of "Community industry" so as to take greater account of the interests of those companies which have moved or subcontracted part of their production outside the Union in so far as those companies are not affected by the duties unless they engage in dumping or receive subsidies;
2008/03/26
Committee: INTA
Amendment 127 #

2007/2198(INI)

Motion for a resolution
Paragraph 17
17. Recalls that countervailing duty investigations may be able to more precisely target the real causes of trade distortion than anti-dumping, in particular in cases involving economies in transition, where in anti-dumping cases, the "normal value" is established in relation to an often inappropriate analogue country;deleted
2008/03/26
Committee: INTA
Amendment 128 #

2007/2198(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Urges the Commission to open anti- dumping and countervailing procedures and to impose provisional duties as soon as possible when all the legal requirements have been met, including a threat of injury for the industry concerned;
2008/03/26
Committee: INTA
Amendment 129 #

2007/2198(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Considers that anti-dumping procedures should always give priority to the need to restore a level playing field, as the effects of unfair competition in the long run are against the interests of all participants in the Community market;
2008/03/26
Committee: INTA
Amendment 130 #

2007/2198(INI)

Motion for a resolution
Paragraph 17 b (new)
17b. Considers therefore that the analysis of the impact on other interests can only justify the non-imposition of anti- dumping measures in exceptional cases, where it is obvious that defence measures will not be able to improve the situation of Community producers, and in any event cannot justify a downward adjustment in the level or duration of the duties imposed;
2008/03/26
Committee: INTA
Amendment 131 #

2007/2198(INI)

Motion for a resolution
Paragraph 17 c (new)
17c. Calls on the Commission to maintain its current practice that ensures the use of realistic and suitably motivated requirements when choosing an "analogue country" for investigative procedures;
2008/03/26
Committee: INTA
Amendment 132 #

2007/2198(INI)

Motion for a resolution
Paragraph 17 d (new)
17d. Considers that the countervailing duty and the anti-dumping instrument are two distinct instruments with their own scope of application that could be used in a complementary way;
2008/03/26
Committee: INTA
Amendment 133 #

2007/2198(INI)

Motion for a resolution
Paragraph 18
18. Points out that the TDI rules lack clarity in procedure which causes unnecessary uncertainty in regard to the initiation of investigations and the results of the investigations;deleted
2008/03/26
Committee: INTA
Amendment 135 #

2007/2198(INI)

Motion for a resolution
Paragraph 19
19. Urges the Commission to offer consultations with all interested parties including consumers' associations and trade unions at any stage of the proceeding;deleted
2008/03/26
Committee: INTA
Amendment 137 #

2007/2198(INI)

Motion for a resolution
Paragraph 20
20. Endorses the creation of the Hearing Officer within the Commission’s DG Trade to assist interested parties; calls on the Hearing Officer to submit, following an independent analysis, to the European Parliament periodic reports in particular on the handling of cases by the Commission, including the conformity of the administrative practices with the basic regulations, and on the synthesis of its activities; stresses that for the sake of transparency and ensuring a meaningful role for the Hearing Officer, his/her reports following individual interventions should be made known to interested parties and the Antidumping Committee;
2008/03/26
Committee: INTA
Amendment 138 #

2007/2198(INI)

Motion for a resolution
Paragraph 21
21. Urges the Commission to improve transparency and promote accessibility to TDIs in particular with regard to the functioning of the Anti-Dumping Committee;deleted
2008/03/26
Committee: INTA
Amendment 140 #

2007/2198(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Calls on the Commission to increase the transparency and predictability of the procedure of TDI investigations in the EU, to accelerate and simplify procedures, as well as to facilitate the accessibility of TDIs for SMEs, as they constitute the majority of the European industrial sector;
2008/03/26
Committee: INTA
Amendment 143 #

2007/2198(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission to improve the quality of and access to non- confidential information provided by other parties during the investigation and improve access to confidential information in order to strengthen defence rights;
2008/03/26
Committee: INTA
Amendment 145 #

2007/2198(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Commission to make public and available the agenda of the Anti-Dumping Committee and non- confidential documents concerning trade defence investigations on its internet site in a timely manner;deleted
2008/03/26
Committee: INTA
Amendment 146 #

2007/2198(INI)

Motion for a resolution
Paragraph 24
24. Urges the Commission to grant stakeholders the necessary time to react to the initiation of a new investigation and register themselves as interested parties;deleted
2008/03/26
Committee: INTA
Amendment 147 #

2007/2198(INI)

Motion for a resolution
Paragraph 25
25. Calls on the Commission to extend the consultation period for importers and users in particular as far as the determination of the analogue country is concerned;deleted
2008/03/26
Committee: INTA
Amendment 152 #

2007/2198(INI)

Motion for a resolution
Paragraph 26
26. Calls on the Commission to reconsider the EU’s current de minimis threshold presently fixed at 2% ad valorem; calls on the Commission to set a new de minimis threshold that would ensure that restrictions are not being imposed on imports that do not inflict real material injury on European economic operators;deleted
2008/03/26
Committee: INTA
Amendment 154 #

2007/2198(INI)

Motion for a resolution
Paragraph 27
27. Takes the view that AD and countervailing duty measures applied by the Commission should take the alternative form of quotas or tariff-quotas when this is deemed appropriate and that a phase-in or phase-out system similar to the one implemented in the footwear case is put into operation in new cases involving products suitable for final consumption;deleted
2008/03/26
Committee: INTA
Amendment 159 #

2007/2198(INI)

Motion for a resolution
Paragraph 28
28. Stresses that the investigating authority should introduce a "shipping clause", to exclude from the scope of measures products that have been shipped on or before the day of the entry into force of those measures;deleted
2008/03/26
Committee: INTA
Amendment 162 #

2007/2198(INI)

Motion for a resolution
Paragraph 29
29. Calls on the Commission and the Council to ensure the fullest possible transparency and objectivity of the decision-making process in TDI investigations;deleted
2008/03/26
Committee: INTA
Amendment 164 #

2007/2198(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. Urges the Commission to guarantee that the process of decision-making in TDI investigations is based on transparent and objective standards;
2008/03/26
Committee: INTA
Amendment 165 #

2007/2198(INI)

Motion for a resolution
Paragraph 30
30. Urges the Commission and the Council to carefully review the way the Community institutions work together in anti-dumping and countervailing duty investigations so as to enhance their transparency and efficiency and ensure a more consistent and balanced result of new TDI investigations;deleted
2008/03/26
Committee: INTA
Amendment 167 #

2007/2198(INI)

Motion for a resolution
Paragraph 31
31. Stresses the importance of a transparent and democratic process in the Council based on the rules of majority voting;deleted
2008/03/26
Committee: INTA
Amendment 170 #

2007/2198(INI)

Motion for a resolution
Paragraph 31 a (new)
31a. Underlines that the legal certainty and the legal framework within which TDI investigations are conducted, are fundamental taking into account that the standard court procedure takes too long to properly address possible flaws in TDI investigations; underlines the need to ensure that interested parties have recourse to expedited judicial review;
2008/03/26
Committee: INTA
Amendment 174 #

2007/2198(INI)

Motion for a resolution
Paragraph 32
32. Believes that the credibility and effectiveness of the trade defence policy as an instrument of EU competitiveness needs to be improved and its legitimacy should be increased by more involvement of the European Parliament;deleted
2008/03/26
Committee: INTA
Amendment 177 #

2007/2198(INI)

Motion for a resolution
Paragraph 32 a (new)
32a. Asks for a greater share competence for other services of the Commission when conducting investigations, in order to guarantee the transparency and effectiveness of all TDI investigation procedures;
2008/03/26
Committee: INTA
Amendment 178 #

2007/2198(INI)

Motion for a resolution
Paragraph 32 b (new)
32b. Calls for real and strong involvement of the European Parliament, in order to improve the credibility and transparency of the trade defence policy in general and of TDIs in particular;
2008/03/26
Committee: INTA
Amendment 179 #

2007/2198(INI)

Motion for a resolution
Paragraph 33
33. Welcomes the fact that trade legislation on TDIs will come, with the Reform Treaty, in the scope of the co- decision procedure;ted
2008/03/26
Committee: INTA
Amendment 182 #

2007/2198(INI)

Motion for a resolution
Paragraph 33 a (new)
33a. Highlights and welcomes the fact that, through the ratification of the Treaty of Lisbon, the European Parliament will gain co-decision power in TDI matters; therefore requests the Commission not to introduce any kind of changes to the TDI procedures until the ratification of the Treaty;
2008/03/26
Committee: INTA
Amendment 183 #

2007/2198(INI)

Motion for a resolution
Paragraph 34
34. Underlines the need for the Commission to make a study for further reform of TDIs which would take into account the changing patterns of the world economy, irrespective of the disappointing results achieved by the Doha Development Agenda so far;deleted
2008/03/26
Committee: INTA
Amendment 185 #

2007/2198(INI)

Motion for a resolution
Paragraph 34 a (new)
34a. Considers that, under the Community interest test, the interests of Community producers must be given priority over other interests at stake;
2008/03/26
Committee: INTA
Amendment 186 #

2007/2198(INI)

Motion for a resolution
Paragraph 35
35. Urges the Commission to review the Community interest test, to give it the same weight as the existing three criteria, e.g. dumping, causality and injury and to set up, after public consultation, clear and legally binding guidelines on the methodological approach followed by the investigating authority;deleted
2008/03/26
Committee: INTA
Amendment 190 #

2007/2198(INI)

Motion for a resolution
Paragraph 35 a (new)
35a. Asks the Commission to use the Community interest test only as a last resort and to always address the removal of injurious dumping as its first priority;
2008/03/26
Committee: INTA
Amendment 193 #

2007/2198(INI)

Motion for a resolution
Paragraph 36
36. Calls on the Commission to negotiate the inclusion of a clause on mutual recognition of competition legislation in free trade agreements (FTAs) or other bilateral agreements;deleted
2008/03/26
Committee: INTA
Amendment 195 #

2007/2198(INI)

Motion for a resolution
Paragraph 37
37. Urges the Commission and the Council to actively work towards the creation of conditions for a new WTO multilateral agreement which would create a world-wide system of competition law able to replace the current TDI system (at least as far as AD and CVD are concerned);deleted
2008/03/26
Committee: INTA
Amendment 198 #

2007/2198(INI)

Motion for a resolution
Paragraph 37 a (new)
37a. Stresses that, given that TDIs are a concept developed within the WTO mandate, it can hardly be advisable to engage in a process of unilateral revision of such instruments: reciprocity, as well as parallel steps towards their revision, on a multilateral level, namely on the part of the major EU trading partners, should be a precondition for this initiative; recalls that for the time being TDIs are the sole instruments in international trade law to address unfair trading practices;
2008/03/26
Committee: INTA
Amendment 199 #

2007/2198(INI)

Motion for a resolution
Paragraph 38
38. Urges the Member States to maintain a common approach to this issue which would enable a better use of TDIs in the Community;deleted
2008/03/26
Committee: INTA
Amendment 201 #

2007/2198(INI)

Motion for a resolution
Paragraph 38 a (new)
38a. Asks the Council to demonstrate solidarity when dealing with TDIs, in order to guarantee that European industry and its workers are effectively protected when confronted with unfair competition;
2008/03/26
Committee: INTA
Amendment 203 #

2007/2198(INI)

Motion for a resolution
Paragraph 38 b (new)
38a. Warns against the risk that, through partial revisions of essential TDI concepts and practices, the objectivity and transparency of TDIs, which have been the basis of their global acceptance by all WTO partners, may be diminished, thereby damaging European based producers;
2008/03/26
Committee: INTA
Amendment 204 #

2007/2198(INI)

Motion for a resolution
Paragraph 39
39. Calls on the Commission to pursue with coherence and determination the objective of modernising TDIs and making them more suitable to face new globalisation challenges while refraining from any protectionist behaviours;deleted
2008/03/26
Committee: INTA
Amendment 207 #

2007/2198(INI)

Motion for a resolution
Paragraph 39 a (new)
39a. Urges the Commission not to propose a reform of the European regulation on TDI while the WTO negotiations are ongoing and until a real consensus is found among stakeholders and Member States;
2008/03/26
Committee: INTA
Amendment 1 #

2007/2184(INI)

Motion for a resolution
Citation 1
having regard to its resolutions of 15 December 1999 on the Third Ministerial Conference of the World Trade Organisation in Seattle17, of 25 October 2001 on openness and democracy in international trade8, of 13 December 2001 on the WTO meeting in Qatar29, of 25 September 2003 on the Fifth Ministerial Conference of the World Trade Organisation in Cancun310 , of 12 May 2005 on the assessment of the Doha Round following the WTO General Council Decision of 1 August 20044511, of 1 December 2005 on preparations for the sixth Ministerial Conference of the World Trade Organisation in Hong Kong512 and of 4 April 2006 on the assessment of the Doha Round following the WTO Ministerial Conference in Hong Kong6, 1 OJ C 296, 18.10.2000, p. 121. 2 OJ C 177 E, 25.7.2002, p. 290. 3 OJ C 77 E, 26.3.2004, p. 393. 4 OJ C 92 E, 20.4.2006, p. 397. 5 OJ C 285 E, 22.11.2006, p. 126. 6 OJ C 293 E, 2.12.2006, p. 155 7 OJ C 296, 18.10.2000, p. 121 8 OJ C 112 E, 9.5.2002, p. 326. 9 OJ C 177 E, 25.7.2002, p. 290. 10 OJ C 177 E, 26.3.2004, p. 393. 11 OJ C 92 E, 20.4.2006, p. 397. 12 OJ C 285 E, 22.11.2006, p. 126. 13 OJ C 293 E, 2.12.2006, p. 155,13 , Or. fr
2008/03/03
Committee: INTA
Amendment 2 #

2007/2184(INI)

Motion for a resolution
Citation 4
– having regard to the ministerial declarations of the WTO Ministerial Conference, adopted in Doha on 14 November 2001 and in Hong Kong on 18 December 2005,
2008/03/03
Committee: INTA
Amendment 3 #

2007/2184(INI)

Motion for a resolution
Citation 5 a (new)
– having regard to the WTO’s 2004 World Trade Report on the role of trade unions and the lack of scope for representation of workers’ interests in the WTO,
2008/03/03
Committee: INTA
Amendment 4 #

2007/2184(INI)

Motion for a resolution
Citation 5 b (new)
– having regard to paragraph 56 of the Hong Kong Declaration, on the necessary steps to ensure the full involvement and assistance of key UN agencies including the ILO in WTO processes and in the current negotiations,
2008/03/03
Committee: INTA
Amendment 5 #

2007/2184(INI)

Motion for a resolution
Recital A
A. whereas the WTO plays a key role among the multilateral organisations which contribute to international economic governance and must strive jointly to achieve the Millennium sustainable development goals,
2008/03/03
Committee: INTA
Amendment 10 #

2007/2184(INI)

Motion for a resolution
Recital C
C. whereas, in spite of delayifficulties in the negotiations, the efforts to conclude this Round successfully are continuing and must be encouraged,
2008/03/03
Committee: INTA
Amendment 13 #

2007/2184(INI)

Motion for a resolution
Recital E
E. whereas useful lessons may already be learned from the progress of the Doha Round negotiations since they began in November 2001,deleted
2008/03/03
Committee: INTA
Amendment 14 #

2007/2184(INI)

Motion for a resolution
Recital I
I. whereas the systemicinstitutional debate in the WTO called for by the European Parliament is in no way incompatible with the continuation and possible conclusion of the Doha Round,
2008/03/03
Committee: INTA
Amendment 23 #

2007/2184(INI)

Motion for a resolution
Paragraph 4
4. Takes the view that the proposed exercise should focus first and foremost on the very aims of the multilateral trade system, to ensure that they are consistent with the action being taken by other international organisations; considers in particular that the coordination of WTO activities with those of the ILO, UNEP, United Nations Development Programme (UNDP), WHO and UNCTAD should be strengthened, in order to ensure greater consistency in the decision-making process of those organisations; takes the view that, in this regard, consideration cobserver status should be givenranted to the possibility of granting the ILO observer status and of setting up a Committee on Social AffairsILO in the same way that it has been to the IMF and proposes that a 'trade and decent employment' committee be set up at the WTO modelled on its Committee on Trade and Environment;
2008/03/03
Committee: INTA
Amendment 26 #

2007/2184(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Requests that consideration be given within the United Nations, in liaison with the WTO, to the new relations that should be forged between multilateral organisations so as to ensure consistency in their actions and in the various international agreements and conventions, in the interests of sustainable development and poverty eradication;
2008/03/03
Committee: INTA
Amendment 29 #

2007/2184(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. Supports the requirement that an analysis of social, gender and environmental concerns, including employment, workers’ rights and related provisions, should be mandatory in future trade policy review mechanism (TPRM) examination of WTO members;
2008/03/03
Committee: INTA
Amendment 32 #

2007/2184(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Asks that the WTO’s dispute settlement understanding (DSU) provides a fuller role for UN agencies concerned specifically in any particular complaint and opens dispute panel and appellate body hearings to the public developing criteria and procedures requiring acceptance of amicus curiae submissions;
2008/03/03
Committee: INTA
Amendment 34 #

2007/2184(INI)

Motion for a resolution
Paragraph 7
7. Suggests that the relevance and applicability of the multilateral trade rules in force should be subject to regular revision with a view to abolishing those which appear to be obsolete or inapplicable and those which do not meet, or no longer meet, the objectives governing their adoptheir possible adaptation;
2008/03/03
Committee: INTA
Amendment 40 #

2007/2184(INI)

Motion for a resolution
Paragraph 11 a
11a. Points out that equal and effective participation by all members, particularly LDCs, must be a priority for any reform of the multilateral trade system;
2008/03/03
Committee: INTA
Amendment 46 #

2007/2184(INI)

Motion for a resolution
Paragraph 14
14. Wishes to see the issue of the role of the WTO Secretariat and Director-General carefully considered; queries the limits of an excessively stringent application of the principle of the management of the system by the governments of the member countries (the member-driven organisation concept); considers it necessary to strengthen the financial and human means and resources available to the WTO secretariat;
2008/03/03
Committee: INTA
Amendment 51 #

2007/2184(INI)

Motion for a resolution
Paragraph 18
18. WConsiders that transparency in the drawing up and pursuing of trade policies represents a legitimate demand on the part of society, citizens and parliamentarians; welcomes the genuine progress achieved by the WTO in terms of external transparency since its establishment in 1995, and the effectiveness of its communication policy; stresses the importance for economic operators and for all the civil society segmentactors concerned to have permanent access to quality information on the multilateral trade rules and their actual application, and on any exemptions of member countries;
2008/03/03
Committee: INTA
Amendment 52 #

2007/2184(INI)

Motion for a resolution
Paragraph 18 a
18a.Considers that NGOs should be able to forward analyses and written proposals to the various WTO bodies in line with procedures to be laid down for each individual body (General Council, other councils, committees, etc.);
2008/03/03
Committee: INTA
Amendment 53 #

2007/2184(INI)

Motion for a resolution
Paragraph 18 b
18b. Asks to increase transparency and accessibility through the creation of a formal consultative structure such as the trade union advisory committee (TUAC) to the OECD, as recommended by the ILO’s World Commission on the Social Dimension of Globalisation;
2008/03/03
Committee: INTA
Amendment 55 #

2007/2184(INI)

Motion for a resolution
Paragraph 20 a
20a. Advocates that, under the dispute settlement procedure, the substantive meetings with the parties, special groups and the appeal body, given the judicial nature of the proceedings, should in future be held in public as is usual for court hearings, and that the documents concerned, in particular the communications from the parties or experts, should be publicly available, except in rare and justified cases;
2008/03/03
Committee: INTA