256 Amendments of Harlem DÉSIR
Amendment 4 #
2012/2098(INI)
Draft opinion
Paragraph 1
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;
Amendment 15 #
2012/2098(INI)
Draft opinion
Paragraph 2
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;
Amendment 29 #
2012/2098(INI)
Draft opinion
Paragraph 3
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;
Amendment 38 #
2012/2098(INI)
Draft opinion
Paragraph 4
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;
Amendment 4 #
2012/2097(INI)
Draft opinion
Paragraph 1
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;
Amendment 15 #
2012/2097(INI)
Draft opinion
Paragraph 2
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;
Amendment 29 #
2012/2097(INI)
Draft opinion
Paragraph 3
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;
Amendment 38 #
2012/2097(INI)
Draft opinion
Paragraph 4
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;
Amendment 101 #
2011/2111(INI)
Motion for a resolution
Paragraph 4 d (new)
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;
Amendment 3 #
2010/2205(INI)
Motion for a resolution
Citation 4 b (new)
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,
Amendment 7 #
2010/2205(INI)
Draft opinion
Paragraph 2 a (new)
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;
Amendment 9 #
2010/2205(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to last updates on OECD Guidelines for Multinational Enterprises;
Amendment 11 #
2010/2205(INI)
Motion for a resolution
Citation 23 b (new)
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.
Amendment 12 #
2010/2205(INI)
Motion for a resolution
Citation 23 c (new)
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
Amendment 16 #
2010/2205(INI)
Motion for a resolution
Citation 28 a (new)
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
Amendment 18 #
2010/2205(INI)
Draft opinion
Paragraph 4 a (new)
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;
Amendment 19 #
2010/2205(INI)
Draft opinion
Paragraph 4 b (new)
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;
Amendment 20 #
2010/2205(INI)
Draft opinion
Paragraph 5
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;
Amendment 26 #
2010/2205(INI)
Draft opinion
Paragraph 6 a (new)
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;
Amendment 39 #
2010/2205(INI)
Motion for a resolution
Recital I a (new)
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;
Amendment 72 #
2010/2205(INI)
Motion for a resolution
Paragraph 4 a (new)
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;
Amendment 113 #
2010/2205(INI)
Motion for a resolution
Paragraph 15 a (new)
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;
Amendment 128 #
2010/2205(INI)
Motion for a resolution
Paragraph 18 a (new)
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;
Amendment 129 #
2010/2205(INI)
Motion for a resolution
Paragraph 18 b (new)
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;
Amendment 3 #
2010/2102(INI)
Draft opinion
Paragraph 1
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);
Amendment 11 #
2010/2102(INI)
Draft opinion
Paragraph 3 a (new)
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;
Amendment 12 #
2010/2102(INI)
Draft opinion
Paragraph 3 b (new)
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;
Amendment 15 #
2010/2102(INI)
Draft opinion
Paragraph 4
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;
Amendment 39 #
2009/2218(INI)
Motion for a resolution
Paragraph 4 g (new)
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;
Amendment 76 #
2009/2218(INI)
Motion for a resolution
Paragraph 14
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;
Amendment 99 #
2009/2218(INI)
Motion for a resolution
Paragraph 18 a (new)
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;
Amendment 100 #
2009/2218(INI)
Motion for a resolution
Paragraph 18 b (new)
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;
Amendment 101 #
2009/2218(INI)
Motion for a resolution
Paragraph 18 c (new)
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;
Amendment 102 #
2009/2218(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
Amendment 103 #
2009/2218(INI)
Motion for a resolution
Paragraph 18 e (new)
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;
Amendment 105 #
2009/2218(INI)
Motion for a resolution
Paragraph 19
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 ;
Amendment 115 #
2009/2218(INI)
Motion for a resolution
Paragraph 26 a (new)
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 ;
Amendment 1 #
2009/2201(INI)
Motion for a resolution
Title
Title
Corporate social and environmental responsibility in international trade agreements
Amendment 2 #
2009/2201(INI)
Motion for a resolution
Citation 7
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,
Amendment 3 #
2009/2201(INI)
Motion for a resolution
Citation 10
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,
Amendment 5 #
2009/2201(INI)
Motion for a resolution
Citation 13
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,
Amendment 7 #
2009/2201(INI)
Motion for a resolution
Citation 18
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,
Amendment 8 #
2009/2201(INI)
Motion for a resolution
Citation 36
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,
Amendment 16 #
2009/2201(INI)
Motion for a resolution
Recital C
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,
Amendment 20 #
2009/2201(INI)
Motion for a resolution
Recital D
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,
Amendment 21 #
2009/2201(INI)
Motion for a resolution
Recital D a (new)
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,
Amendment 22 #
2009/2201(INI)
Motion for a resolution
Recital D b (new)
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,
Amendment 23 #
2009/2201(INI)
Motion for a resolution
Recital D c (new)
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,
Amendment 24 #
2009/2201(INI)
Motion for a resolution
Recital E a (new)
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’,
Amendment 34 #
2009/2201(INI)
Motion for a resolution
Recital J a (new)
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,
Amendment 35 #
2009/2201(INI)
Motion for a resolution
Recital J b (new)
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,
Amendment 36 #
2009/2201(INI)
Motion for a resolution
Recital J c (new)
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,
Amendment 37 #
2009/2201(INI)
Motion for a resolution
Recital J d (new)
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,
Amendment 43 #
2009/2201(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
Amendment 51 #
2009/2201(INI)
Motion for a resolution
Paragraph 3
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;
Amendment 55 #
2009/2201(INI)
Motion for a resolution
Paragraph 5 a (new)
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;
Amendment 59 #
2009/2201(INI)
Motion for a resolution
Paragraph 7 a (new)
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;
Amendment 65 #
2009/2201(INI)
Motion for a resolution
Paragraph 10
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;
Amendment 75 #
2009/2201(INI)
Motion for a resolution
Paragraph 12 point b
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;
Amendment 79 #
2009/2201(INI)
Motion for a resolution
Paragraph 12 point d
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;
Amendment 84 #
2009/2201(INI)
Motion for a resolution
Paragraph 12 point f
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/)
Amendment 90 #
2009/2201(INI)
Motion for a resolution
Paragraph 12 point g a (new)
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;
Amendment 103 #
2009/2201(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
Amendment 105 #
2009/2201(INI)
Motion for a resolution
Paragraph 16
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;
Amendment 1 #
2009/2165(INI)
Motion for a resolution
New citation
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,
Amendment 1 #
2009/2165(INI)
Draft opinion
Paragraph 1
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;
Amendment 2 #
2009/2165(INI)
Draft opinion
Paragraph 2
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;
Amendment 4 #
2009/2165(INI)
Draft opinion
Paragraph 3
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;
Amendment 18 #
2009/2165(INI)
Motion for a resolution
Paragraph 4 a (new)
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;
Amendment 19 #
2009/2165(INI)
Motion for a resolution
Paragraph 4 a (new)
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;
Amendment 25 #
2009/2165(INI)
Motion for a resolution
Paragraph 6
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;
Amendment 39 #
2009/2165(INI)
Motion for a resolution
Paragraph 14 a (new)
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;
Amendment 40 #
2009/2165(INI)
Motion for a resolution
Paragraph 14 a (new)
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;
Amendment 45 #
2009/2165(INI)
Motion for a resolution
Paragraph 15 a (new)
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;
Amendment 51 #
2009/2165(INI)
Motion for a resolution
Paragraph 16
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;
Amendment 22 #
2009/2150(INI)
Motion for a resolution
Paragraph 4
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;
Amendment 33 #
2009/2150(INI)
Motion for a resolution
Paragraph 9 a (new)
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;
Amendment 34 #
2009/2150(INI)
Motion for a resolution
Paragraph 9 b (new)
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;
Amendment 35 #
2009/2150(INI)
Motion for a resolution
Paragraph 9 c (new)
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;
Amendment 41 #
2009/2150(INI)
Motion for a resolution
Paragraph 12
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;
Amendment 49 #
2009/2150(INI)
Motion for a resolution
Paragraph 15
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;
Amendment 57 #
2009/2150(INI)
Motion for a resolution
Paragraph 18 a (new)
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;
Amendment 59 #
2009/2150(INI)
Motion for a resolution
Paragraph 20
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;
Amendment 61 #
2009/2150(INI)
Motion for a resolution
Paragraph 20 a (new)
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;
Amendment 64 #
2009/2150(INI)
Motion for a resolution
Paragraph 21 a (new)
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;
Amendment 72 #
2009/2150(INI)
Motion for a resolution
Paragraph 26 a (new)
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;
Amendment 78 #
2009/2150(INI)
Motion for a resolution
Paragraph 29 a (new)
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;
Amendment 79 #
2009/2150(INI)
Motion for a resolution
Paragraph 29 b (new)
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);
Amendment 80 #
2009/2150(INI)
Motion for a resolution
Paragraph 29 c (new)
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;
Amendment 5 #
2008/2135(INI)
Motion for a resolution
Recital B
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,
Amendment 9 #
2008/2135(INI)
Motion for a resolution
Recital F
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",
Amendment 15 #
2008/2135(INI)
Motion for a resolution
Recital I
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,
Amendment 16 #
2008/2135(INI)
Motion for a resolution
Recital J
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,
Amendment 27 #
2008/2135(INI)
Motion for a resolution
Recital O
Recital O
Amendment 32 #
2008/2135(INI)
Motion for a resolution
Paragraph 1
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;
Amendment 38 #
2008/2135(INI)
Motion for a resolution
Paragraph 3
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;
Amendment 41 #
2008/2135(INI)
Motion for a resolution
Paragraph 5
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;
Amendment 45 #
2008/2135(INI)
Motion for a resolution
Paragraph 5 a (new)
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;
Amendment 46 #
2008/2135(INI)
Motion for a resolution
Paragraph 5 b (new)
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;
Amendment 49 #
2008/2135(INI)
Motion for a resolution
Paragraph 5 c (new)
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;
Amendment 52 #
2008/2135(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 58 #
2008/2135(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes India's decreased average applied tariffs; stresses that these levels remain a genuine problem for European industry;
Amendment 62 #
2008/2135(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 73 #
2008/2135(INI)
Motion for a resolution
Paragraph 13
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;
Amendment 79 #
2008/2135(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 90 #
2008/2135(INI)
Motion for a resolution
Paragraph 19
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;
Amendment 93 #
2008/2135(INI)
Motion for a resolution
Paragraph 19 a (new)
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;
Amendment 94 #
2008/2135(INI)
Motion for a resolution
Paragraph 20
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;
Amendment 101 #
2008/2135(INI)
Motion for a resolution
Paragraph 21 a (new)
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;
Amendment 102 #
2008/2135(INI)
Motion for a resolution
Paragraph 21 b (new)
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;
Amendment 110 #
2008/2135(INI)
Motion for a resolution
Paragraph 24
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;
Amendment 113 #
2008/2135(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 115 #
2008/2135(INI)
Motion for a resolution
Paragraph 26
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;
Amendment 125 #
2008/2135(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 126 #
2008/2135(INI)
Motion for a resolution
Paragraph 28 a (new)
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;
Amendment 128 #
2008/2135(INI)
Motion for a resolution
Paragraph 29
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;
Amendment 129 #
2008/2135(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Asks for the ratification and effective application of the basic conventions of the International Labour Organisation (ILO);
Amendment 2 #
2008/2115(INI)
Draft opinion
Recital A
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,
Amendment 4 #
2008/2115(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas all European citizens are entitled to receive health care,
Amendment 5 #
2008/2115(INI)
Draft opinion
Recital A b (new)
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,
Amendment 7 #
2008/2115(INI)
Draft opinion
Recital B
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,
Amendment 14 #
2008/2115(INI)
Draft opinion
Recital E
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,
Amendment 46 #
2008/2115(INI)
Draft opinion
Paragraph 4
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.
Amendment 51 #
2008/2115(INI)
Draft opinion
Paragraph 4 a (new)
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,
Amendment 1 #
2008/2085(INI)
Motion for a resolution
Title
Title
on Challenges to collective agreements and industrial relations in the EU
Amendment 11 #
2008/2085(INI)
Motion for a resolution
Recital B a (new)
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,
Amendment 22 #
2008/2085(INI)
Motion for a resolution
Recital F
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,
Amendment 34 #
2008/2085(INI)
Motion for a resolution
Recital K
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,
Amendment 39 #
2008/2085(INI)
Motion for a resolution
Recital L
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,
Amendment 55 #
2008/2085(INI)
Motion for a resolution
Recital N
Recital N
Amendment 63 #
2008/2085(INI)
Motion for a resolution
Recital O
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,
Amendment 74 #
2008/2085(INI)
Motion for a resolution
Paragraph 1
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;
Amendment 93 #
2008/2085(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 105 #
2008/2085(INI)
Motion for a resolution
Paragraph 4 c (new)
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;
Amendment 108 #
2008/2085(INI)
Motion for a resolution
Paragraph 5
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;
Amendment 161 #
2008/2085(INI)
Motion for a resolution
Paragraph 11
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;
Amendment 164 #
2008/2085(INI)
Motion for a resolution
Paragraph 11 a (new)
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;
Amendment 180 #
2008/2085(INI)
Motion for a resolution
Paragraph 13
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;
Amendment 187 #
2008/2085(INI)
Motion for a resolution
Paragraph 14
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;
Amendment 231 #
2008/2085(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on all the Member States to implement and enforce the PWD properly;
Amendment 242 #
2008/2085(INI)
Motion for a resolution
Paragraph 20
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;
Amendment 247 #
2008/2085(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 273 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 1
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;
Amendment 274 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 1 a (new)
Paragraph 23 – indent 1 a (new)
Amendment 275 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 2
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;
Amendment 277 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 5
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;
Amendment 278 #
2008/2085(INI)
Motion for a resolution
Paragraph 23 – indent 5 a (new)
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;
Amendment 296 #
2008/2085(INI)
Motion for a resolution
Paragraph 25
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;
Amendment 304 #
2008/2085(INI)
Motion for a resolution
Paragraph 26 a (new)
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;
Amendment 50 #
2008/0142(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Articles 95, 137 and 152 thereof,
Amendment 53 #
2008/0142(COD)
Proposal for a directive
Recital 1 a (new)
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,
Amendment 61 #
2008/0142(COD)
Proposal for a directive
Recital 4
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.
Amendment 84 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
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:
Amendment 125 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
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.
Amendment 140 #
2008/0142(COD)
Proposal for a directive
Recital 30
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.
Amendment 151 #
2008/0142(COD)
Proposal for a directive
Recital 31
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.
Amendment 170 #
2008/0142(COD)
Proposal for a directive
Article 10 – paragraph 1
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.
Amendment 197 #
2008/0142(COD)
Proposal for a directive
Article 1
Article 1
Amendment 199 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – point b
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;
Amendment 209 #
2008/0142(COD)
Proposal for a directive
Article 2
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.
Amendment 437 #
2008/0142(COD)
Proposal for a directive
Article 7
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.
Amendment 443 #
2008/0142(COD)
Proposal for a directive
Article 8
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.
Amendment 6 #
2007/2198(INI)
Motion for a resolution
Citation 13 a (new)
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),
Amendment 7 #
2007/2198(INI)
Motion for a resolution
Citation 13 b (new)
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),
Amendment 10 #
2007/2198(INI)
Motion for a resolution
Recital A a (new)
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),
Amendment 11 #
2007/2198(INI)
Motion for a resolution
Recital B
Recital B
Amendment 12 #
2007/2198(INI)
Motion for a resolution
Recital B a (new)
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,
Amendment 15 #
2007/2198(INI)
Motion for a resolution
Recital C
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,
Amendment 22 #
2007/2198(INI)
Motion for a resolution
Recital D
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,
Amendment 27 #
2007/2198(INI)
Motion for a resolution
Recital E
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,
Amendment 31 #
2007/2198(INI)
Motion for a resolution
Recital F
Recital F
Amendment 32 #
2007/2198(INI)
Motion for a resolution
Recital F a (new)
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,
Amendment 41 #
2007/2198(INI)
Motion for a resolution
Paragraph -1 (new)
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;
Amendment 45 #
2007/2198(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 51 #
2007/2198(INI)
Motion for a resolution
Paragraph 1 a (new)
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;
Amendment 54 #
2007/2198(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 59 #
2007/2198(INI)
Motion for a resolution
Paragraph 2 a (new)
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;
Amendment 62 #
2007/2198(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 68 #
2007/2198(INI)
Amendment 75 #
2007/2198(INI)
Motion for a resolution
Paragraph 4 a (new)
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;
Amendment 76 #
2007/2198(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 81 #
2007/2198(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 84 #
2007/2198(INI)
Motion for a resolution
Paragraph 6 a (new)
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;
Amendment 85 #
2007/2198(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 86 #
2007/2198(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 90 #
2007/2198(INI)
Motion for a resolution
Paragraph 8 a (new)
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;
Amendment 93 #
2007/2198(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 99 #
2007/2198(INI)
Motion for a resolution
Paragraph 9 a (new)
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;
Amendment 100 #
2007/2198(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 101 #
2007/2198(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Is worried about the increasing use by the Commission of ex officio review in order to restrict or terminate measures in force;
Amendment 105 #
2007/2198(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 108 #
2007/2198(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 112 #
2007/2198(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 116 #
2007/2198(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 120 #
2007/2198(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 123 #
2007/2198(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 125 #
2007/2198(INI)
Motion for a resolution
Paragraph 16 a (new)
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;
Amendment 127 #
2007/2198(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 128 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 a (new)
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;
Amendment 129 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 a (new)
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;
Amendment 130 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 b (new)
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;
Amendment 131 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 c (new)
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;
Amendment 132 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 d (new)
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;
Amendment 133 #
2007/2198(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 135 #
2007/2198(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 137 #
2007/2198(INI)
Motion for a resolution
Paragraph 20
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;
Amendment 138 #
2007/2198(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 140 #
2007/2198(INI)
Motion for a resolution
Paragraph 21 a (new)
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;
Amendment 143 #
2007/2198(INI)
Motion for a resolution
Paragraph 22
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;
Amendment 145 #
2007/2198(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 146 #
2007/2198(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 147 #
2007/2198(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 152 #
2007/2198(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 154 #
2007/2198(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 159 #
2007/2198(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 162 #
2007/2198(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 164 #
2007/2198(INI)
Motion for a resolution
Paragraph 29 a (new)
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;
Amendment 165 #
2007/2198(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 167 #
2007/2198(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 170 #
2007/2198(INI)
Motion for a resolution
Paragraph 31 a (new)
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;
Amendment 174 #
2007/2198(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 177 #
2007/2198(INI)
Motion for a resolution
Paragraph 32 a (new)
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;
Amendment 178 #
2007/2198(INI)
Motion for a resolution
Paragraph 32 b (new)
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;
Amendment 179 #
2007/2198(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 182 #
2007/2198(INI)
Motion for a resolution
Paragraph 33 a (new)
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;
Amendment 183 #
2007/2198(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 185 #
2007/2198(INI)
Motion for a resolution
Paragraph 34 a (new)
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;
Amendment 186 #
2007/2198(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 190 #
2007/2198(INI)
Motion for a resolution
Paragraph 35 a (new)
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;
Amendment 193 #
2007/2198(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 195 #
2007/2198(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 198 #
2007/2198(INI)
Motion for a resolution
Paragraph 37 a (new)
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;
Amendment 199 #
2007/2198(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 201 #
2007/2198(INI)
Motion for a resolution
Paragraph 38 a (new)
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;
Amendment 203 #
2007/2198(INI)
Motion for a resolution
Paragraph 38 b (new)
Paragraph 38 b (new)
Amendment 204 #
2007/2198(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 207 #
2007/2198(INI)
Motion for a resolution
Paragraph 39 a (new)
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;
Amendment 1 #
2007/2184(INI)
Motion for a resolution
Citation 1
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
Amendment 2 #
2007/2184(INI)
Motion for a resolution
Citation 4
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,
Amendment 3 #
2007/2184(INI)
Motion for a resolution
Citation 5 a (new)
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,
Amendment 4 #
2007/2184(INI)
Motion for a resolution
Citation 5 b (new)
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,
Amendment 5 #
2007/2184(INI)
Motion for a resolution
Recital A
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,
Amendment 10 #
2007/2184(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, in spite of delayifficulties in the negotiations, the efforts to conclude this Round successfully are continuing and must be encouraged,
Amendment 13 #
2007/2184(INI)
Motion for a resolution
Recital E
Recital E
Amendment 14 #
2007/2184(INI)
Motion for a resolution
Recital I
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,
Amendment 23 #
2007/2184(INI)
Motion for a resolution
Paragraph 4
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;
Amendment 26 #
2007/2184(INI)
Motion for a resolution
Paragraph 4 a (new)
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;
Amendment 29 #
2007/2184(INI)
Motion for a resolution
Paragraph 4 b (new)
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;
Amendment 32 #
2007/2184(INI)
Motion for a resolution
Paragraph 5 a (new)
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;
Amendment 34 #
2007/2184(INI)
Motion for a resolution
Paragraph 7
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;
Amendment 40 #
2007/2184(INI)
Motion for a resolution
Paragraph 11 a
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;
Amendment 46 #
2007/2184(INI)
Motion for a resolution
Paragraph 14
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;
Amendment 51 #
2007/2184(INI)
Motion for a resolution
Paragraph 18
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;
Amendment 52 #
2007/2184(INI)
Motion for a resolution
Paragraph 18 a
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.);
Amendment 53 #
2007/2184(INI)
Motion for a resolution
Paragraph 18 b
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;
Amendment 55 #
2007/2184(INI)
Motion for a resolution
Paragraph 20 a
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;