84 Amendments of Ska KELLER related to 2014/2228(INI)
Amendment 8 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the decision of the European Ombudsman closing her own initiative inquiry 01/10/2014/RA concerning the European Commission;
Amendment 12 #
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the case law of the Court of Justice of the European Union (ECJ) particularly Judgment C-350/12[1] and Opinions 2/13[2] and 1/09[3];
Amendment 29 #
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the agreement should guarantee full respect for EU fundamental rights standards through the inclusion of a human rights clause as a standard part of EU trade agreements with third countries; considers that the European Parliament would not be able to accept any TTIP which does not contain such a clause
Amendment 43 #
Motion for a resolution
Recital A
Recital A
A. whereas econometric impact assessments on TTIP come to very different results, some of them predicting that an ambitious agreement with the US may support the reindustrialisation of Europe and help achieve the 2020 target for an increase of the EU’s GDP genewhile at the same time leading to protracted by industry from 15 % to 20 %and significant job losses; whereas it has the potential to create opportunities especially for export- oriented SMEs, which suffer more from non-tariff barriers (NTBs) than larger companiesle at the same time it may lead to increased pressures on non- export-oriented SMEs whose concerns should be duly taken into account; whereas an agreement between the two biggest economic blocs in the world has the potential to create standards, norms and rules which will be adopted at a global level, which would serve to the advantage of third countries as well;
Amendment 56 #
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that personal data can be transferred outside the Union only if the provisions on third-country transfers in EU data protection laws are respected; recalls that the Commission can only negotiate on provisions which touch upon the flow of personal data provided that the full application of EU data protection rules is guaranteed; is seriously concerned about the TiSA draft texta US provided draft text on e-commerce in the frame of the TiSA negotiations, which would completely undermine all EU rules and safeguards for the transfer of personal data to third countries; calls on the Commission to make it clear to the US side that the draft chapter on e-commerce proposed by US negotiators in the 7th TTIP negotiation round will not be accepted as a base for negotiations, should it contain similar conditions to the US draft chapter on e-commerce in the TiSA negotiations;
Amendment 59 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. asks the Commission to ensure that negotiations on a chapter on e-commerce and on a chapter on telecommunications in TTIP be put on hold until the ongoing negotiations on Safe Harbor and the Data Protection Umbrella Agreement are successfully concluded;
Amendment 61 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. asks the Commission to ensure that negotiations on a chapter on financial service regulation, and specifically the freedom of processing personal data in connection with financial transactions, be put on hold until the ongoing negotiations on Safe Harbour and the Data Protection Umbrella Agreement are successfully concluded;
Amendment 70 #
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that decisions on legal conflicts about fundamental rights may only be made by competent ordinary courts; is concerned that provisions on investor-state dispute settlement (ISDS) may prevent access to justice and undermine democracy; is of the firm opinion that a possible TTIP agreement should not contain any ISDS mechanism, as the given level of investment protection in the EU and in the US is fully sufficient to guarantee legal security;
Amendment 84 #
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls the need for transparency in the negotiations throughout the entire process; reminds the Commission of its obligation to keep Parliament fully informed on an immediate basis at all stages of the negotiation, according to TFEU Art 218.10 which, in a recent ruling, the ECJ confirmed as being of statutory character, to keep Parliament fully informed on an immediate basis at all stages of the negotiations; urges the Commission to work towards an agreement with the US Administration regarding the access of all Parliamentarians to the consolidated negotiation texts; insists on access for the public to relevant negotiation documents from all parties, with the exception of those which are to be classified with clear justification on a case-by-case basis, in line with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents2 [1]. __________________ 2 OJ L 145, 31.5.2001, p. 43.
Amendment 90 #
Motion for a resolution
Recital C
Recital C
C. whereas we are faced with an unregulated picture of globalisation and a well-designed trade agreement could contribute to harnessing liberalisregulation; whereas such an agreement should not only focus on reducing tariffs and NTBs but should also be a tool to protect workers, consumers and the environment; whereas a strong and ambitious trade agreement is an opportunity to create a framework by strengthening regulation to the highest standards at a global level in order to prevent social and environmental dumping; whereas the first 20 months of negotiations show however an orientation towards industry concerns of cost reduction;
Amendment 150 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the US federal law on animal welfare is well below the level of EU regulation, including the lack of legislation on welfare standards for farmed animals before the point of slaughter; whereas unfortunately, animal welfare is not considered by the Commission to be a trade concern in the same way as food safety or animal health for the purposes of import requirements;
Amendment 205 #
Motion for a resolution
Recital I
Recital I
I. whereas President Juncker has also clearly stated in his Political Guidelines that he will not accept that the jurisdiction of courts in the Member States is limited by special regimes for investor disputes; whereas now that the results of the public consultation on investment protection and ISDS in the TTIP are available, a reflection process – taking account of the mostly very critical and constructive contributions – is needed within and between the three European institutions on the best way to achieve investment protection and equal treatment of investors without the use of the ISDS mechanism;
Amendment 209 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the ECJ has considered, in its Opinion 1/09, that the creation of mechanisms for settling disputes outside the institutional and judicial context of the Union which would deprive the courts of the Member States of their jurisdiction relating to the interpretation and application of EU law, and the Court of its own jurisdiction to answer, on a preliminary basis, the questions posed by the said courts, would distort the forms of jurisdiction which the treaties give the institutions of the Union and the Member States, which are essential for the preservation of the very nature of the law of the Union, and would consequently be incompatible with the Treaties;
Amendment 211 #
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas the ECJ estimated, in its Opinion 2/13, that the jurisdiction of the Union in respect of international relations, and its ability to conclude international agreements, necessarily included the option of submitting to the decisions of a court created or designated under such agreements, in respect of the interpretation and application of the provisions; whereas, however, the Court also stipulated that an international agreement could have effects on its own jurisdiction only if the essential conditions for the preservation of its nature were met and, hence, only if there was no violation of the autonomy of the Union's legal order.
Amendment 212 #
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas, on 10 September 2014, the Commission refused to register ICE Stop TTIP, considering that it went beyond the scope of the attributions of the European Commission to submit a legal deed of the Union required for the purposes of application of the treaties; Whereas a ‘Stop TTIP’ initiative was consequently commenced outside the procedure laid down by Regulation 211/2011 and has already collected more than a million signatures;
Amendment 232 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas TTIP is expected to be a mixed agreement requiring ratification by the European Parliament, European Council and all 28 EU Member States;
Amendment 246 #
Motion for a resolution
Paragraph 1 – point a – point i
Paragraph 1 – point a – point i
(i) to ensure that TTIP negotiations lead to a deep, comprehensive, ambitious, balanced and high-standard trade and investment agreement that would promoteing sustainable growth, support the creation of high-quality jobs for European workers, directly bedevelopment, fully respecting existing and future EU social, environmental and health standards, and creating no obstacle, nefit European consumers, increase international competitiveness, and open up new opportunities for EU companies, in particular SMEher legally nor politically, for the implementation of existing EU laws or the adoption of new ones; the content of the agreement is more important than the speed of the negotiations;
Amendment 253 #
Motion for a resolution
Paragraph 1 – point a – point i a (new)
Paragraph 1 – point a – point i a (new)
(ia) to ensure that TTIP takes into account that trade is not an end in itself but a means to improve well-being, which could mean suspending the TTIP negotiations until it can be conclusively proven that the Commission's previous estimates of job dislocation are no longer a legitimate concern;
Amendment 265 #
Motion for a resolution
Paragraph 1 – point a – point ii
Paragraph 1 – point a – point ii
(ii) to emphasise that while the TTIP negotiations consist of negotiations on three main areas – ambitiously improving reciprocal market access (for goods, services, investment and public procurement at all levels of government), reducing NTBs and enhancing the compatibility of regulatory regimes, and developing common rules to address shared global trade challenges and opportunities – all these areas are equally important to be included in a comprehensive package; TTIP should be ambitious and binding on all levels of government on both sides of the Atlantic, the agreement should lead to lasting genuine market openness on a reciprocal basis and trade facilitation on the ground, and should pay particular attention to structural means of achieving greater transatlantic cooperation while upholding regulatory standards and preventing social and environmental dumpingmarket access, reducing NTBs and enhancing regulatory cooperation, and developing global trade rules – all these areas have different objectives, concern different actors, and vary in scope and time horizons, and therefore should be treated each in its own merits without cross-bargaining in the ambit of a comprehensive package; TTIP negotiations should pay particular attention to structural means of achieving greater transatlantic cooperation while upholding regulatory standards and preventing social and environmental dumping, while ensuring that both partners remain free to enact standards that provide higher levels of environmental, labour, consumer and privacy protection than those required by the agreement;;
Amendment 287 #
Motion for a resolution
Paragraph 1 – point a – point iv
Paragraph 1 – point a – point iv
(iv) to ensure, especially given the recent positive developments in the World Trade Organisation (WTO), that an agreement with the US serves as a stepping-stone for broader trade negotiations and is not seen as an alternative tois not pre-empting or counter- acting the WTO process; bilateral trade agreements are always the second-best option and must not prevent improvements on the multilateral level;
Amendment 309 #
Motion for a resolution
Paragraph 1 – point b – point i
Paragraph 1 – point b – point i
(i) to ensure that the market access offers in the different areas are equally ambitious and reflect both parties’ expectations and limitations, as market access for industrial goods, agricultural products, services and public procurement is equally important in all cases and a balance is needed between the different proposals forare different in nature, relating to different public choices and therefore cannot be traded off against each other in the negotiation process of these agreasement;
Amendment 326 #
Motion for a resolution
Paragraph 1 – point b – point ii
Paragraph 1 – point b – point ii
(ii) to aim at the elimination of all duty tariffs where possible, while respecting the need to protect sensitive products on both sides;
Amendment 343 #
Motion for a resolution
Paragraph 1 – point b – point iii
Paragraph 1 – point b – point iii
(iii) to keep in mind that there are important offensive interests for the EU in the services sector, for instance in the areas of engineering, telecommunications and transport services, but also important defensive interests, for instance in the areas of health, education and media services;
Amendment 366 #
Motion for a resolution
Paragraph 1 – point b – point iv
Paragraph 1 – point b – point iv
(iv) to increase market access for services and national treatment according to the ‘positive list approach’ whereby services that are to be opened up to foreign companies are explicitly mentioned and new services are excluded while ensuring that possible standstill and ratchet clauses only apply to non- discrimination provisions and allow for enough flexibility to bring services back into public controlnd national treatment conditions are explicitly mentioned and newly developed and previously not existing services are excluded while ensuring that public authorities have always the possibility to regain public control over liberalized services of general interest;
Amendment 405 #
Motion for a resolution
Paragraph 1 – point b – point vi
Paragraph 1 – point b – point vi
(vi) to ensure an adequate carve-out ofxplicitly exclude sensitive services such as public services and public utilities (including water, health and social services, social security systems and education) allowing national and local authorities enough room for manoeuvre to legislate in the public interestprivate and public education) from the negotiations in order to fully preserve the room of national, regional and local authorities to legislate in the public interest, especially regarding the definition, provision, commissioning and organization of services of general interest; a clear and unambiguous exclusion of all kinds of social security systems and benefits funded and delivered by social security institutions shall be guaranteed; a joint declaration reflecting negotiators’ clear commitment to exclude these sectors from the negotiations would be very helpful in this regard;
Amendment 415 #
Motion for a resolution
Paragraph 1 – point b – point vi a (new)
Paragraph 1 – point b – point vi a (new)
(via) to ensure an explicit exclusion of public services as referred to in Article 14 TFEU from the scope of application of TTIP, in order to ensure that national and local authorities have the freedom to introduce, adopt, maintain or repeal any measure with regard to the commissioning, organisation, funding and provision of public services, as provided in Article 168 TFEU (public health) and in Protocol 26 (Services of General Interest) of the EU Treaties; this exclusion should apply independently of whether the services in question are organised as a monopoly, operating under exclusive rights or otherwise, and whether they are publicly or privately funded and provided;
Amendment 420 #
Motion for a resolution
Paragraph 1 – point b – point vi b (new)
Paragraph 1 – point b – point vi b (new)
(vib) to take immediate steps to safeguard the right of EU governments to legislate, organise, set quality and safety standards for, manage and regulate public services by not committing public service sectors to further market access liberalization and by filing general Annex-II reservations in the National Treatment schedules regarding all health services in the widest sense, communication services, educational services, environmental services, financial services, social services, transport services, and energy services;
Amendment 431 #
Motion for a resolution
Paragraph 1 – point b – point vii
Paragraph 1 – point b – point vii
(vii) to combine market access negotiations on financial services withmake additional market access for financial services conditional to prior convergence inof financial regulation on the highest level in the competent multilateral fora, in order to support the introduction of necessary regulation to prevent financial crises and in order to support ongoing cooperation efforts in other international forums, such as the Basel Committee on Banking Supervision and the Financial Stability Board;
Amendment 437 #
Motion for a resolution
Paragraph 1 – point b – point vii a (new)
Paragraph 1 – point b – point vii a (new)
(viia) to refrain from additional market access commitments for financial services since interconnectedness, complexity and excessively big entities generate and spread systemic risks and represent a threat to financial stability;
Amendment 439 #
Motion for a resolution
Paragraph 1 – point b – point vii b (new)
Paragraph 1 – point b – point vii b (new)
(viib) to take immediate action to ensure that aggressive tax planning, and distortion of competition by e.g. moving of headquarters across the Atlantic to obtain competition-distorting conditions, are addressed, and ensure that 'off-shore' funds whose managers operate on both side of the Atlantic are being required to established their headquarters 'on shore'; to take immediate action for ensuring an automatic exchange of information and country-by-country reporting regarding tax matters in all sectors;
Amendment 440 #
Motion for a resolution
Paragraph 1 – point b – point vii c (new)
Paragraph 1 – point b – point vii c (new)
(viic) to ensure that no jurisdiction with no or purely nominal taxes is included within the scope of the TTIP agreement;
Amendment 441 #
Motion for a resolution
Paragraph 1 – point b – point vii d (new)
Paragraph 1 – point b – point vii d (new)
(viid) to ensure that financial legislation and regulation is not subject to enforcement under TTIP chapters on regulatory cooperation and excluded from court challenges or dispute settlements procedures under the TTIP agreement;
Amendment 442 #
Motion for a resolution
Paragraph 1 – point b – point vii e (new)
Paragraph 1 – point b – point vii e (new)
(viie) urges the Commission to negotiate a general prudential carve-out that guarantees financial stability and covers public policy objectives such as the restructuring of banks and other financial institutions and guarantees general access to affordable financial services and provide adequate financing for the transition toward climate friendly economies;
Amendment 451 #
Motion for a resolution
Paragraph 1 – point b – point viii
Paragraph 1 – point b – point viii
(viii) to ensure that the EU’s acquis on data protection and privacy is not compromised through the liberalisation of data flows, in particular in the area of e-commerce and financial services; to ensure that no commitments on data flows are taken up beforerestate that privacy and data protection issues between the partners will be discussed in parallel within the framework of the US-EU Safe Harbour revision and the Data Protection Umbrella Agreement; to ensure that no commitments on data flows are taken up in TTIP and that the TTIP negotiations on the chapters of e-commerce and financial services are put on hold until the presently reworked European data protection legislation is in place;
Amendment 455 #
Motion for a resolution
Paragraph 1 – point b – point viii a (new)
Paragraph 1 – point b – point viii a (new)
(viiia) to keep in mind that the consent of the European Parliament to the final TTIP agreement could be endangered as long as the US blanket mass surveillance activities are not completely abandoned and an adequate solution is found for the data privacy rights of EU citizens, including administrative and judicial redress, as stated in the paragraph 74 of the Parliament resolution of 12 March 2014;
Amendment 480 #
Motion for a resolution
Paragraph 1 – point b – point x
Paragraph 1 – point b – point x
(x) to keep in mind that the agreement should not risk prejudicing the Union’s cultural and linguistic diversity, including in the audiovisual, press and cultural services sector, and that existing and future provisions and policies in support of the cultural audiovisual sector, in particular in the digital world, are kept out of the scope of the negotiations;
Amendment 493 #
Motion for a resolution
Paragraph 1 – point b – point xi
Paragraph 1 – point b – point xi
(xi) to ensure that account is taken of the discrepancies in the openness of public procurement markets on both sides of the Atlantic and the political sensitivities connected to the opening of this important area of industrial policy when considering the huge interest on the part of European companies in obtaining access to public contracts in the US both at federal and state level, for example for construction services, traffic infrastructure and goods and services, while respecting sustainability criteria, labour law enforcement and specific provisions on social, health, education and other services of general interest for procurement on both sides, inter alia the new EU procurement and concession package entering into force in 2016; to ensure that account is taken of the discrepancies between de-jure and de- facto openness of the procurement market in the EU and that the costs of liberalisation are fully assessed;
Amendment 502 #
Motion for a resolution
Paragraph 1 – point b – point xi a (new)
Paragraph 1 – point b – point xi a (new)
(xia) to ensure that the new European rules adopted during the revision of the public procurement directives are maintained and promoted in the negotiations, in particular in relation to access for SMEs to public contracts in line with the example provided by the American Small Business Act, award criteria based on value for money, rather than the lowest price, the setting-aside of contracts for social economy operators, the possibility for contracting authorities to cooperate as inter-municipal associations and the thresholds below which public procurement is not subject to European or international rules
Amendment 503 #
Motion for a resolution
Paragraph 1 – point b – point xi b (new)
Paragraph 1 – point b – point xi b (new)
(xib) to ensure respect for the right of procurement authorities to favour short supply chains in public contracts in order to contribute to improvements in environmental performance;
Amendment 504 #
Motion for a resolution
Paragraph 1 – point b – point xi c (new)
Paragraph 1 – point b – point xi c (new)
(xic) ensure that public-private partnerships are excluded from the negotiations as they present particularly significant issues for public authorities, particularly in terms of local development;
Amendment 505 #
Motion for a resolution
Paragraph 1 – point b – point xi d (new)
Paragraph 1 – point b – point xi d (new)
(xid) ensure that public-private partnerships are excluded from the negotiations as they present particularly significant issues for public authorities, because of their generally long duration;
Amendment 530 #
Motion for a resolution
Paragraph 1 – point b – point xiv
Paragraph 1 – point b – point xiv
(xiv) to ensure that the negotiations on rules of origin aim at reconciling the EU and US approaches; given the conclusion of the negotiations for the Comprehensive Economic and Trade Agreement (CETA) between EU and Canada and the potential upgrade of the EU-Mexico free trade agreement, an independent impact assessment of the consequences of a transatlantic market extended to NAFTA should be carried out prior to any consideration of the possibility and scope of cumulation will need to be considered;
Amendment 537 #
Motion for a resolution
Paragraph 1 – point b – point xiv a (new)
Paragraph 1 – point b – point xiv a (new)
(xiva) to ensure that the EU and US establish joint rules on the definition of product origin, ensuring that the rules are clear, easily applicable, favourable to fair trade and allow for current and future changes in production;
Amendment 554 #
Motion for a resolution
Paragraph 1 – point c – point i
Paragraph 1 – point c – point i
(i) to ensure that the regulatory cooperation chapter promotes an effective, pro- competitive economic environment through the facilitation of trade and investment while developapplies only to clearly specified sectoral areas where the EU and the US have similar levels of protection, and insists that it be clarified explicitly that any provision on regulatory cooperation in the TTIP agreement does not set a procedural requirement for the adoption of Union acts concerned by it nor does it give rise to enforceable rights in that regard; to ensure that TTIP is promoting and securing high levels of protection of health and safety, consumer, labour and environmental legislation and of the cultural diversity that exists within the EU; negotiators on both sides need to identify and to be very clear about which regulatory measures and standards are fundamental and cannot be compromised, which ones can be the subject of a common approach, which are the areas where mutual recognition based on a common high standard and a strong system of market surveillance is desirable, and which are those where simply an improved exchange of information is possible, based on the experience of one and a half years of ongoing talks;
Amendment 562 #
Motion for a resolution
Paragraph 1 – point c – point i a (new)
Paragraph 1 – point c – point i a (new)
(ia) ensure that TTIP's provisions do not apply to or affect the agricultural sector and its regulation, where it diverts efforts from local food production and shorter supply chains towards unnecessary and duplicatory trading;
Amendment 564 #
Motion for a resolution
Paragraph 1 – point c – point i b (new)
Paragraph 1 – point c – point i b (new)
(ib) to specify in particular the agricultural sectors and subsectors to be excluded from the scope of regulatory cooperation within TTIP, including sensitive areas in which EU and US legislation differs significantly, including but not restricted to legislation on animal welfare, genetically modified organisms, clones and descendants of clones, chlorine bleach on chicken carcasses, growth hormones in meat and milk production, antibiotics in livestock rearing, agro-chemicals and plant protection products;
Amendment 565 #
Motion for a resolution
Paragraph 1 – point c – point i c (new)
Paragraph 1 – point c – point i c (new)
(ic) in particular reject the following provisions, which could de facto make it more difficult for the EU to go beyond the lowest common denominator of international instruments: – grant the US the right to enter into regulatory exchanges concerning the adoption of national legislation by Member States, including joint examination of possible means to promote regulatory compatibility, – grant the US formal rights with regards to implementing acts to be adopted pursuant to Article 291 TFEU, while the European Parliament has no right to scrutiny whatsoever with regard to implementing acts;
Amendment 566 #
Motion for a resolution
Paragraph 1 – point c – point i d (new)
Paragraph 1 – point c – point i d (new)
(id) to consider EU regulation as standards necessary to ensure public and animal health, food safety and environmental sustainability, amongst other legitimate factors; therefore to reject their categorization as Technical Barriers to Trade;
Amendment 576 #
Motion for a resolution
Paragraph 1 – point c – point ii
Paragraph 1 – point c – point ii
(ii) to base negotiations on SPS and TBT measures on the key principles of the multilateral SPS and TBT agreements; to aim in the first place at increasing transparency and openness, strengthening dialogue between regulators and strengthening cooperation in international standards-setting bodies; to recognise, in negotiations on SPS and TBT measures, the right of both parties to manage risk in accordance with the level either deems appropriate in order to protect human, animal or plant life or health; to fully respect and uphold the sensitivities and fundamental values of either side, such asin particular the EU’s precautionary principle; to exclude provisions which could de facto make it more difficult for the EU and its Member States to go beyond the lowest common denominator of international instruments;
Amendment 580 #
Motion for a resolution
Paragraph 1 – point c – point ii a (new)
Paragraph 1 – point c – point ii a (new)
(iia) to strengthen the guarantees and protection for the EU's right to legislate on labelling and marking, considering it through the frame of traceability and consumer information, and not as a Technical Barrier to Trade; to ensure that TTIP does in no way undermine the EU's ability to provide traceability for food products and to inform consumers through regulation on country of origin labelling, labelling of production methods, or other forms of food labelling;
Amendment 582 #
Motion for a resolution
Paragraph 1 – point c – point ii b (new)
Paragraph 1 – point c – point ii b (new)
(iib) to ensure that the goal of aligning regulatory standards with regard to animal welfare is to raise standards to the highest level rather than lowering them and to include animal welfare production standards as a requirement for importing goods into the EU;
Amendment 596 #
Motion for a resolution
Paragraph 1 – point c – point iii
Paragraph 1 – point c – point iii
(iii) with regard to the horizontal regulatory cooperation chapter, to give priority to fostering bilateral cooperation between regulatory bodies through enhanced information exchange and to promote the adoption, strengthening and timely implementation of international instruments, on the basis of successful international experiences such as, for instance, ISO standards or under the United Nations Economic Commission for Europe’s (UNECE) World Forum for Harmonisation of Vehicle Regulations (WP.29); to establishnsure that the prior impact assessment for the regulatory act, as defined in the horizontal provisions on regulatory cooperation, should also measure the impact on consumeris fully based on the EU methodology of primarily measuring social, human rights and the environment next to its impact on trade and investmental impacts; to handle the possibility of promoting regulatory compatibility with great care and only without compromising legitimate regulatory and policy objectives;
Amendment 607 #
Motion for a resolution
Paragraph 1 – point c – point iv
Paragraph 1 – point c – point iv
(iv) to define clearly, in the context of future regulatory cooperation, which measures concern TBT and redundant administrative burdens and formalities and which are linked to fundamental standards and regulations, or procedures serving a public policy objective, and should not be altered;
Amendment 613 #
Motion for a resolution
Paragraph 1 – point c – point v
Paragraph 1 – point c – point v
(v) to fully respect the established regulatory and democratic decision- making systems on both sides of the Atlantic, as well as the European Parliament’s role within the EU’s decision- making process and its democratic scrutiny over EU regulatory processes when creating the framework for future cooperation while at the same time being vigilant about a balanced involvement of stakeholders, particularly non- governmental organisations, within the consultations included in the development of a regulatory proposal;
Amendment 625 #
Motion for a resolution
Paragraph 1 – point d – point i
Paragraph 1 – point d – point i
(i) to combinewithhold from cross-bargaining in negotiations on market access and, regulatory cooperation with, and the establishment of ambitious rules and disciplines, sinter alia on sustainable development, energy, SMEs, investment and intellectual propertyce each of these three pillars follows a different logic and specific sensitivities;
Amendment 645 #
Motion for a resolution
Paragraph 1 – point d – point iii
Paragraph 1 – point d – point iii
(iii) to ensure that labour and environmental standards and the right to regulate for national, regional and local authorities are not limited to the trade and sustainable development chapter but are equally included in other areas of the agreement, such as investment, trade in services, regulatory cooperation and public procurement;
Amendment 652 #
Motion for a resolution
Paragraph 1 – point d – point iv
Paragraph 1 – point d – point iv
(iv) to ensure that labour and environmental standards and rights are made enforceable, by building on the good experience ofprocedures set down in the EU-Korea free trade agreement and good and effectiveby adding enforcement practices in the US’s free trade agreements and national legislation;
Amendment 674 #
Motion for a resolution
Paragraph 1 – point d – point vi
Paragraph 1 – point d – point vi
(vi) to ensure that the economic, social and environmental impact of TTIP is examined through a thorough ex-ante trade sustainability impact assessment (SIA) in full respect of the EU Directive on SIA, with clear involvement of stakeholders and civil society;
Amendment 679 #
Motion for a resolution
Paragraph 1 – point d – point vi a (new)
Paragraph 1 – point d – point vi a (new)
(via) to ensure that a further economic, social and environmental impact of TTIP is made after the conclusions of the negotiations and before any vote in Parliament and in Council, as well as a further Sustainability Impact Assessment, with involvement of stakeholders and civil society, and that any impact assessment examines effects of the TTIP on developing countries as well as the EU-Turkey customs union;
Amendment 688 #
Motion for a resolution
Paragraph 1 – point d – point vii
Paragraph 1 – point d – point vii
(vii) to ensure that in course of the negotiations the two sides examine ways to facilitate natural gas and oil exports, so that TTIP would abolish any existing export restrictions on energy between the two trading partners, thereby supporting a diversification of energy sourceend fossil fuel subsidies in line with the G-20 commitments, specifically also with regard to fuel tax exemptions for commercial aviation, and subsidies through Export Credit Agencies and international financial institutions;
Amendment 693 #
Motion for a resolution
Paragraph 1 – point d – point vii a (new)
Paragraph 1 – point d – point vii a (new)
(viia) to ensure that the objective to reduce EU greenhouse gas emissions by 80-95% by 2050 is taken into account in the TTIP negotiations, therefore insisting that ambitious and binding common energy efficiency measures as well as the promotion of renewables are the economically and environmentally most sustainable options to achieve this goal;
Amendment 695 #
Motion for a resolution
Paragraph 1 – point d – point vii b (new)
Paragraph 1 – point d – point vii b (new)
(viib) to ensure that the EU standardisation process is not undermined, for example in the field of energy labelling policies and energy efficiency measures;
Amendment 699 #
Motion for a resolution
Paragraph 1 – point d – point viii
Paragraph 1 – point d – point viii
(viii) to ensure that the right of either partner to govern the exploration and exploitation of energy sources remains untouched by any agreement, butand that non- discrimination is applied once exploitation is decided; access to raw materials as well as to energy should also be granted on a non-discriminatory basis for companies from either the EU or the US and quality standards for energy productsquality standards for energy products, such as enshrined and to be further developed in the Fuel Quality Directive of the EU must be respected;
Amendment 706 #
Motion for a resolution
Paragraph 1 – point d – point ix
Paragraph 1 – point d – point ix
(ix) to ensure that TTIP supports the energy efficiency goals of the EU, and the use and promotion of renewables, green goods and services, thereby tapping into the considerable potential for environmental and economic gains offered by the transatlantic economy;
Amendment 715 #
Motion for a resolution
Paragraph 1 – point d – point x
Paragraph 1 – point d – point x
(x) to ensure that TTIP serves as a forum for the development of common, ambitious and binding energy efficiency standards and sustainability standards for energy production, always taking into account and adhering to existing standards on both sides;
Amendment 716 #
Motion for a resolution
Paragraph 1 – point d – point x a (new)
Paragraph 1 – point d – point x a (new)
(xa) to ensure that particularly high greenhouse gas intensive fuels such as LNG derived from shale gas and crude oil derived from tar sands are banned from the EU market, as this would jeopardize international climate commitments, put at odds EU climate legislation and objectives, undermine the recommendations on unconventional fuels, and infringe the Fuel Quality Directive;
Amendment 717 #
Motion for a resolution
Paragraph 1 – point d – point x b (new)
Paragraph 1 – point d – point x b (new)
(xb) points to the huge differentials between the USA and the EU in energy prices and in per capita CO-2 emissions; calls on the Commission to do away with pork-barrel politics in TTIP negotiations and focus on a common welfare approach based on concepts such as energy sustainability, the precautionary principle, the internalization of external costs and responsibility towards future generations;
Amendment 718 #
Motion for a resolution
Paragraph 1 – point d – point x c (new)
Paragraph 1 – point d – point x c (new)
(xc) to promote the idea of a transatlantic recycling market that sets global standards and promotes a global recycling certification scheme to prevent the illegal export of electronics waste in line with the Basel Convention
Amendment 727 #
Motion for a resolution
Paragraph 1 – point d – point xi a (new)
Paragraph 1 – point d – point xi a (new)
(xia) to ensure the establishment or continuation, both in the US and in the EU Member States, of pro-SMEs policies and support schemes such as those improving access to public procurement of SMEs, green or regional procurement;
Amendment 730 #
Motion for a resolution
Paragraph 1 – point d – point xi b (new)
Paragraph 1 – point d – point xi b (new)
(xib) to ensure protection and enhancement of pro-SMEs policies and support schemes; to ensure that the priorities and concerns of all types of SMEs, whether export oriented or not, are fully taken into account in the TTIP negotiations e.g. by means of ex-ante impact assessments or targeted public consultations, given that only 13% of SMEs are active outside the EU, while 25% are active exclusively within the EU internal market; points to the negative impact that any possible TTIP agreement is likely to have on non-export oriented SMEs;
Amendment 737 #
Motion for a resolution
Paragraph 1 – point d – point xii
Paragraph 1 – point d – point xii
(xii) to ensure that TTIP contains a comprehensivebalanced chapter on investment including provisions on both market access and investment protection; the investment chapter should aim at ensuring non-discriminatory treatment for the establishment of European and US companies in each other’s territory, while taking account oftaking into account the critical public debate about including provisions on both market access and investment protection and the sensitive nature of some specific sectors;
Amendment 746 #
Motion for a resolution
Paragraph 1 – point d – point xiii
Paragraph 1 – point d – point xiii
(xiii) to ensure that investment protection provisions are limited to post- establishment provisions, contain investor rights as well as investor duties in line with OECD recommendations, and focus on non- discrimination and fair and equitable treatmentwhile fully protecting national, regional and local authorities' rights to regulate; standards of protection and definitions of investor and investment should be drawn up in a precise and limiting manner; free transfer of capital should be in line with the EU treaty provisions and should include a timely unrestricted prudential carve-out in the case of financial crises;
Amendment 771 #
Motion for a resolution
Paragraph 1 – point d – point xiv
Paragraph 1 – point d – point xiv
(xiv) to ensure that foreign investors are treated in a non-discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances, which can be achieved without the inclusion of an ISDS mechanism; such a mechanism is not necessary in TTIP given the EU’s and the US’ developed legal systems; a state-to- state dispute settlement system and the use of national courts are the most appropriate tools to address investment disputesis of the firm opinion that a possible TTIP agreement should not contain any ISDS mechanism as the given level of investment protection in the EU and the US is fully sufficient to guarantee legal security;
Amendment 798 #
Motion for a resolution
Paragraph 1 – point d – point xv
Paragraph 1 – point d – point xv
(xv) to ensure that TTIP includes an ambitiousthe Intellectual Property Rights (IPR) chapter thatof TTIP includes strong protectprovisions ofnly for precisely and clearly defined areas of IPR, including enhanced protection andfor the recognition of European Geographical Indications (GIs), and reflects a fair and efficient level of protection such as laid out in the EU’s and the US’s free trade agreement provisions in this areawhere a common minimal denominator can be identified, while continuing to confirm the existing flexibilities in the Agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPS), notably in the area of public health;
Amendment 807 #
Motion for a resolution
Paragraph 1 – point d – point xv a (new)
Paragraph 1 – point d – point xv a (new)
(xva) stresses that negotiations with the US on most IPR issues are not desirable from the EU point of view, as legal traditions and rules differ, such as on copyright or patent protection, while the levels of protection are already well developed; recalls that trade secret protection, which is not considered as an IPR in the vast majority of the EU Member States should not be discussed in the context of IPR; reminds the Commission that it is key for EU producers, both from an economic and a cultural standpoint, that there is full recognition and protection of geographical indications (GIs);
Amendment 808 #
Motion for a resolution
Paragraph 1 – point d – point xv b (new)
Paragraph 1 – point d – point xv b (new)
(xvb) to take into account that the TRIPS Council adopted in 2013 a decision granting LDCs an eight-year extension of the transition period to implement the TRIPS Agreement; urges the EU not to circumvent the current TRIPS regime, as it would hamper developing countries to benefit from "Special and Differentiated Treatment", in terms of access to medicine or technology transfer, which are of primary importance for developing countries;
Amendment 811 #
Motion for a resolution
Paragraph 1 – point d – point xvi
Paragraph 1 – point d – point xvi
(xvi) to ensure that the IPR chapter does not include provisions on the liability of internet intermediaries or on criminal sanctions as a tool for enforcement, as having been previously rejected by Parliament;
Amendment 828 #
Motion for a resolution
Paragraph 1 – point e – point i
Paragraph 1 – point e – point i
(i) to continue and step up, in line with the recommendations of the European Ombudsman, ongoing efforts to increase transparency in the negotiations by making more negotiation proposals, especially consolidated negotiation texts, available to the general public; is of the firm opinion that in the area of regulatory cooperation all consolidated negotiation texts should be available to the general public;
Amendment 831 #
Motion for a resolution
Paragraph 1 – point e – point i a (new)
Paragraph 1 – point e – point i a (new)
(ia) to enter into a political dialogue on the TTIP with the citizens of Europe, in particular by affording the Stop TTIP Initiative treatment comparable to that afforded to an official ECI: that is by meeting the organisers at an appropriate level, publishing its political and legal conclusions on the subject and working with the European Parliament to ensure that a public hearing is arranged;
Amendment 839 #
Motion for a resolution
Paragraph 1 – point e – point ii
Paragraph 1 – point e – point ii
(ii) to translate these transparency efforts into meaningful practical results, inter alia by reaching meaningful arrangements with the US side to improve transparency, including access to all negotiating documents, in order to allow Members of Parliament and the Member States to develop constructive discussions with stakeholders and the public, and to refrain from further negotiations until this goal is reached;
Amendment 843 #
Motion for a resolution
Paragraph 1 – point e – point ii a (new)
Paragraph 1 – point e – point ii a (new)
(iia) to keep Parliament fully informed on an immediate basis at all stages of the negotiations, in accordance with ECJ ruling C358/11; to ensure access for all Members of the European Parliament to all restricted documents and to include consolidated texts in the list of documents which may be consulted by Members of the European Parliament;
Amendment 847 #
Motion for a resolution
Paragraph 1 – point e – point iii
Paragraph 1 – point e – point iii
(iii) to promote an even closer engagement with the Member States with the aim of forging their active involvement in bettertruthfully communicating the scope and the possible benefieffects of the agreement for European citizens and in order to ensure a broad, fact-based public debate on TTIP in Europe with the aim of exploring the genuine concerns surrounding the agreement;
Amendment 854 #
Motion for a resolution
Paragraph 1 – point e – point iv
Paragraph 1 – point e – point iv
(iv) to reinforce its continuous and transparent engagement with a wide range ofll stakeholders, including businesslocal and regional authorities, business, social, environmental, agricultural, consumer, labour and other representatives, throughout the negotiation process; encourages all stakeholders to participate actively and to put forward initiatives, critique and information relevant to the negotiations;
Amendment 867 #
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) to seek even closera structured engagement with national Parliaments and the European Parliament, which will continue to closely monitor the negotiating process and to engage on its part with the Commission, the Member States, and the US Congress and Administration, as well as with stakeholders on both sides of the Atlantic, in order to ensure an outcome which will benefit citizens in the EU, the US and beyond;