73 Amendments of Ska KELLER related to 2015/2233(INI)
Amendment 10 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to its resolution of 8 September 2015 on the follow-up to the European Citizens' Initiative Right2Water,
Amendment 19 #
Motion for a resolution
Recital A
Recital A
A. whereas the TiSA negotiations arshould be aimed at achieving better and stronger international regulation, not lower domestic regulation;
Amendment 49 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas amendments to the GATS and the respective annexes require approval by two thirds of the WTO members; whereas the Ministerial Conference of the WTO may decide exclusively by consensus to add plurilateral agreements to Annex 4 of the Marrakesh Agreement Establishing the WTO; whereas, for an agreement on trade in services to be enforceable, it needs to be fully anchored to the WTO and its Dispute Settlement Mechanism; whereas a principle of special and differential treatment of Developing Countries is enshrined in the WTO, including in GATS;
Amendment 51 #
Motion for a resolution
Recital D
Recital D
D. whereas the globalisation, servicification and digitalisation both of our economies and of international trade call for policy action to set up and enhance international rules;
Amendment 81 #
Motion for a resolution
Recital G
Recital G
G. whereas numerous barriers to trade in services, which if translated into equivalent tariffs and including necessary ones amount to 15 % for Canada, 16 % for Japan, 25 % for South Korea, 44 % for Turkey and 68 % for China, continue to prevent European companies from reaping the full benefits of their competitiveness; whereas the EU, where the tariff equivalent of services restrictions is only 6 %, is substantially more open than most of its partners; whereas services and goods cannot however be put on the same level of comparison since services are necessarily much more regulated;
Amendment 86 #
Motion for a resolution
Recital H
Recital H
H. whereas non-tariff barriers, which, including necessary ones, on average represent more than 50 % of the cost of cross-border services, disproportionately affect small and medium-sized enterprises, which often lack the human and financial resources necessary to overcome those obstacles; whereas the elimination of unnecessary barriers would facilitate their internationalisation; whereas cross-border trade in services bears risks in respect of consumer protection and regulatory arbitrage thereby making regulation, such as localisation requirements, particularly necessary;
Amendment 92 #
Motion for a resolution
Recital I
Recital I
I. whereas the globalisation of value chains increases the import content of both domestic output and exports; whereas in a context of global value chains binding core international standards become even more necessary in order to avoid a further race to the bottom, as well as social and environmental dumping;
Amendment 99 #
Motion for a resolution
Recital J
Recital J
J. whereas citizens’ trust in EU’s trade policy is a must, which can only be restored by ensuring the highest level of transparency, by maintainsetting up a genuinge constant dialogue with civil society where input and concerns are really taken into account, and by setting clear guidelines in the negotiations;
Amendment 112 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas most of the commitments in the EU schedule refer to Member States' national legislation; whereas implementation of commitments particularly affects regional and local governments;
Amendment 116 #
Motion for a resolution
Recital K
Recital K
K. whereas data protection is not an economic burden, but a source of economic growth; whereas restoring trust in the digital world is crucial; whereas data flows are indispensable to trade in services; whereas several Parties have already taken a position on the controversial US proposals on free flow of information, including personal information, and on prohibiting the use of local infrastructure; whereas the EU has taken no position on these proposals yet;
Amendment 140 #
Motion for a resolution
Paragraph 1 – point a – point i
Paragraph 1 – point a – point i
i. to consider the TiSA negotiations as a stepping-stone towards renewed ambitions at WTO level with the aim of re- launching negotiations for a reformed GATS;
Amendment 154 #
Motion for a resolution
Paragraph 1 – point a – point ii
Paragraph 1 – point a – point ii
ii. to reiterate its support for a comprehensive andthe importance of a balanced agreement, which should unleash the untapped potential of a more integrated global services market, while fully guaranteeing compliance with the current and future EU acquis; to shapre-regulate globalisation and to create international standards, while fully preserving the right to regulateand legally securing the right to regulate to strengthen GATS's weak safeguards of the right to regulate and exclusions of public services; to secure increased market access for European services suppliers in key sectors of interest, while accommodating specific carve-outs for sensitive sectors including third countries' sensitivities;
Amendment 167 #
Motion for a resolution
Paragraph 1 – point a – point iii
Paragraph 1 – point a – point iii
iii. to push foraim at multilateralisation by crafting GATS-compatible provisions and by accepting new parties conditional on their acceptance of the agreed rules and level of ambition, bearing in mind that departing too much from the GATS architecture will undermine the multilateral perspective, and by ensuring flexibility when extending membership especially in the case of Developing Countries; to incentivise wider participation in the talks by granting interested parties observer status; to note that both the highest barriers and the highest growth potential regarding trade in services are to be found in the BRICS and the MINT countries; to recognise the importance of those countries for the EU, as export destinations with a rising middle class, as sources of intermediate inputs and as key hubs in global value chains; to open the way for the participation of China;
Amendment 181 #
Motion for a resolution
Paragraph 1 – point a – point iv
Paragraph 1 – point a – point iv
iv. to carry outonsider that, if the negotiations are carried out on a preferential basis and to limit the benefits of the agreement to TiSA are limited to parties until it is multilateralised, TiSA will not be able to dispose of a dispute-settlement mechanism relying on cross-retaliation with goods; to note that, in order to set up a plurilateral agreement under the WTO, members need to give unanimous approval; to reject the perspective of a plurilateral and preferential agreement;
Amendment 189 #
Motion for a resolution
Paragraph 1 – point a – point vi
Paragraph 1 – point a – point vi
vi. to ensure synergies between bilateral, plurilateral andconsistency with multilateral agreements currently being negotiated, as well as with single market developments; to prioritise multilateral negotiations and to acknowledge that the current proliferation of bilateral and plurilateral negotiations is undermining the multilateral framework;
Amendment 211 #
Motion for a resolution
Paragraph 1 – point a – point viii a (new)
Paragraph 1 – point a – point viii a (new)
viiia. if TiSA will be a GATS Article V agreement, to table a proposal for an annex on trade and sustainable development with binding commitments to ratify and effectively implement core ILO Conventions and the multilateral environmental agreements the EU is member to;
Amendment 215 #
Motion for a resolution
Paragraph 1 – point a – point viii b (new)
Paragraph 1 – point a – point viii b (new)
viiib. to ensure respect of the EU Charter of Fundamental Rights by all trade agreements, with systematic fundamental rights checks that are necessary in order to guarantee compliance; to carry out a fundamental rights check in order for the Parliament to be able to take an informed decision regarding giving its consent to TiSA or not;
Amendment 217 #
Motion for a resolution
Paragraph 1 – point a – point viii c (new)
Paragraph 1 – point a – point viii c (new)
viiic. to ensure that investor-to-state dispute settlement mechanisms cannot be 'imported' from other BITs by virtue of MFN clauses;
Amendment 219 #
Motion for a resolution
Paragraph 1 – point b – point i
Paragraph 1 – point b – point i
i. to exclude public services of general interest, services of general economic interest and cultural services from the scope of the negotiations, and to seek the further opening of foreign markets in telecommunications, transport and professional services while respecting third countries' sensitivities, notably in the case of Developing Countries;
Amendment 236 #
Motion for a resolution
Paragraph 1 – point b – point ii
Paragraph 1 – point b – point ii
ii. to ensure reciprocity at all levels; to condition any further commitments beyond the EU’s current level of openness on the other parties’ proportionate offers; to support the use of horizontal commitment- related provisions as a means to set a common level of ambitions, and to take note that such minimum requirements would set clear parameters for countries interested in participatingwhile keeping flexibility for Developing Countries by including a specific provision on a special and differential treatment based on GATS Article IV; to condition any further commitments beyond the EU’s current level of openness on the other parties’ proportionate offers while respecting other Parties' sensitivities; to make limited and cautious use of horizontal commitment- related provisions as these would make TiSA depart too much from GATS, thereby undermining multilateralisation prospects;
Amendment 248 #
Motion for a resolution
Paragraph 1 – point b – point iv
Paragraph 1 – point b – point iv
iv. to acknowledge that standstill and ratchet clauses do not apply to market access commitments; to note that standstill and ratchet do apply to national treatment in a hybrid list; to acknowledge that under national treatment there are important regulatory measures that could require revision if deemed necessary by regulators; to negotiate on the basis of a positive list and to drop standstill and ratchet clauses;
Amendment 256 #
Motion for a resolution
Paragraph 1 – point b – point iv a (new)
Paragraph 1 – point b – point iv a (new)
iva. to include a provision in order to allow for withdrawal of commitments;
Amendment 259 #
Motion for a resolution
Paragraph 1 – point b – point v
Paragraph 1 – point b – point v
v. to undertake limited commitments in Mode 1 so as to avoid regulatory arbitrage and social dumping; to ensure that European rules are fully respected when a company provides a service from abroad to European consumersand enforceable on foreign providers established in a third country when a company provides a service from abroad to European consumers; to note that the current proposals on horizontal localisation requirements would be in contradiction with these requests and to therefore reconsider the inclusion of the annex 'New Provisions Applicable to All Services';
Amendment 270 #
Motion for a resolution
Paragraph 1 – point b – point vi
Paragraph 1 – point b – point vi
vi. to take an ambitious approach in Mode 3 by seeking the removal of third-country barrierlimitations to establishment, such as foreign equity caps and joint venture requirements, without however introducing horizontal general obligations to remove such limitations, while respecting other Parties' sensitivities and maintaining consistency with a special and differential treatment for Developing Countries;
Amendment 274 #
Motion for a resolution
Paragraph 1 – point b – point vii
Paragraph 1 – point b – point vii
vii. to take a cautious approach in Mode 4, while bearing in mind that the EU has an offensive interest in the inward and outward movement of highly-skilled labour; to acknowledge that the labour clause maintains the legal obligation of foreign service providers to comply with EU and Member State social and labour legislation, as well as with collective agreements; to move the EU labour clause and related provisions from the EU offer to the Mode 4 annex; to enter into ambitious commitments for those cases which underpin Mode 3 commitments and, especially in those cases, to consider the professional or the worker as an employee of the company and not as a self- employed;
Amendment 283 #
Motion for a resolution
Paragraph 1 – point b – point viii
Paragraph 1 – point b – point viii
viii. to acknowledge that by means of limitations and exemptions, each Party retains the sovereign right to choose which sectors to open to foreign competition and to what extent; to remind however that ratchet and standstill clauses, even if only applied to national treatment, do not allow reducing committed levels of liberalisation if a new regulatory environment so requires; to therefore base negotiations on a positive list in order for national authorities to fully retain such sovereign right;
Amendment 288 #
Motion for a resolution
Paragraph 1 – point b – point ix
Paragraph 1 – point b – point ix
ix. to exclude, in line with Articles 14 and 106 of as well as protocol 26 to the TFEU, current and future Services of General Interest (SGI) as well as Services of General Economic Interest from EU commit(SGEI) from the agreements (including but not limited to water, health, social services, social security systems and education); to ensure that European, national and local authorities retain the full right to introduce, adopt, maintain or repeal any measures with regard to the commissioning, organisation, funding and provision of public serviceSGIs and SGEIs; to apply this exclusion irrespective of how the public serviceSGIs and SGEIs are provided and funded; to acknowledge that social security systems are excluded from the negotiations; to note that some SGIs and SGEIs are classified under business services or distribution services and to make sure such cross-sectorial dimension is covered when excluding SGIs and SGEIs from the agreement;
Amendment 293 #
Motion for a resolution
Paragraph 1 – point b – point ix a (new)
Paragraph 1 – point b – point ix a (new)
ixa. to fully exclude water and sanitation services, such as production, distribution and treatment from the agreement; to withdraw proposed commitments on waste water services from the EU offer; to include a clause on genuine access to drinking water that is applicable to all Parties in line with the Union's long- lasting commitment to sustainable development and human rights;
Amendment 296 #
Motion for a resolution
Paragraph 1 – point b – point ix b (new)
Paragraph 1 – point b – point ix b (new)
ixb. to reject the proposal on a patient mobility Annex;
Amendment 298 #
Motion for a resolution
Paragraph 1 – point b – point x
Paragraph 1 – point b – point x
x. to introduce an unequivocal ‘gold standard’ clause, which c explicitly based on the principles laid down in Article 14 TFEU and Protocol 26 and including a reference to the specific regulatory regimes public services are subject to, the social purpose they pursue, the function they play in society and the specific obligations imposed on service providers in the public interest, which should be included in all trade agreements and would clarify thatreplace the public utilities clause appliesnd apply to all modes of supply and to any services considered as public services by European, national or regional authorities;
Amendment 309 #
Motion for a resolution
Paragraph 1 – point b – point xi
Paragraph 1 – point b – point xi
xi. to ensure, in line with Article 167(4) TFEU and with the UNESCO Convention on the protection and promotion of the diversity of cultural expressions, that the parties preserve their right to adopt or maintain any measure with respect to the protection or promotion of cultural and linguistic diversity; to explicitly exclude audiovisual services, media and publishing, broadcasting, publishing and all other services that are not formally included in the audiovisual service category and that are relevant for culture from the scope of the agreement, irrespective of the technology or distribution platform used;
Amendment 336 #
Motion for a resolution
Paragraph 1 – point c – point ii
Paragraph 1 – point c – point ii
ii. to acknowledge that data protection is not a trade barrier, but a fundamental right, enshrined in Article 39 TEU and Article 8 of the Charter of Fundamental Rights of the European Union, as well as in Article 12 of the Universal Declaration of Human Rights; to acknowledge that GATS Article XIVincorporate, as a key priority, a comprehensive and unambiguous horizontal self-standing provision, which fully exempts the existing and future EU legal framework for the protection of personal data from these negotiations, will be replicated in the TiSA core textthout any condition that it must be consistent with other parts of TiSA; to apply such provisions to all other TiSA annexes;
Amendment 346 #
Motion for a resolution
Paragraph 1 – point c – point iii
Paragraph 1 – point c – point iii
iii. to ensure that European citizens’ personal data flow globalcan be transferred outside the EU only inf full compliance with the data protection and security rules in force in Europe is guaranteed and respected; to ensure that citizens remain in control of their own data; to immediately formally reject, therefore, any ‘catch-all’ provisions on data flows which are disconnected from any reference to the necessary compliance with data protection standards; to mirror the language used in the WTO Understanding on financial services;
Amendment 350 #
Motion for a resolution
Paragraph 1 – point c – point iii a (new)
Paragraph 1 – point c – point iii a (new)
iiia. to immediately and formally oppose the US proposals on movement of information and prohibition to use local infrastructure in the e-commerce annex;
Amendment 358 #
Motion for a resolution
Paragraph 1 – point c – point v
Paragraph 1 – point c – point v
v. to recognise that digital innovation is a driver of economic growth and productivity in the entire economy; to recognise the need for data flows; to seek, therefore, a comprehensive prohibition of forced data localisation requirementinsist that any localisation requirements on data and data processing equipment and establishment be in line with EU rules on data transfers;
Amendment 367 #
Motion for a resolution
Paragraph 1 – point c – point vi
Paragraph 1 – point c – point vi
vi. to ensure that the provisions of the final agreement are consistent with existing and future legislation at EU level, including the Connected Continent Package, the General Data Protection Regulation and the 16 measures embedded in the communication on the Digital Single Market; to safeguard net neutrality and to reject additional conditions reducing the rights of users as compared to the EU Regulation on a European single market in electronic communications; to guarantee that the EU retains its ability to limprohibit the transfer of data from the EU to third countries where the rules of the third party do not meet EU adequacy standards and where alternative avenues, such as binding corporate rules or standard contractual clauses, are not used by companies;
Amendment 377 #
Motion for a resolution
Paragraph 1 – point c – point vii
Paragraph 1 – point c – point vii
vii. to address persistent regulatory asymmetries regarding the telecommunications sector, by preventing parties from imposing foreign equity caps, by layingto consider that still in the EU member states there exists limitations concerning foreign equity caps, to reject any horizontal prohibition on such limitations and to apply a special and differential treatment of Developing Countries in this respect, to lay down pro-competitive wholesale access rules for incumbent operators’ networks, by providing clear and non- discriminatory rules for licensing, by guaranteeing the independence of regulators, and by supporting an extensive definition of telecommunications services covering all types of network;
Amendment 382 #
Motion for a resolution
Paragraph 1 – point c – point vii a (new)
Paragraph 1 – point c – point vii a (new)
viia. to exempt from the negotiations matters falling within the scope of the telecoms 'universal service' Directive and to exclude necessity tests from provisions on universal service obligations;
Amendment 395 #
Motion for a resolution
Paragraph 1 – point d – point ii
Paragraph 1 – point d – point ii
ii. to recall that Mode 4 commitments only apply to the movement of high-level professionals for a specific purpose, for a limited period of time and under precise conditions stipulated by a contract and by domestic legislation; to take into consideration the interest of Developing Countries in other categories of service providers;
Amendment 405 #
Motion for a resolution
Paragraph 1 – point d – point iii
Paragraph 1 – point d – point iii
iii. to recognise this chapter as an offensive interest for Europe, given that EU professionals are well-educated and mobile and that EU companies increasingly require the specific skills of foreign professionals inside Europe and their personnel outside Europe, in order to support the establishment of new business activities; to recognise that Developing Countries may need to be able to protect their skilled and well-educated professionals, to not therefore introduce any horizontal prohibition to apply economic needs tests;
Amendment 407 #
Motion for a resolution
Paragraph 1 – point d – point iv
Paragraph 1 – point d – point iv
iv. to oppose any provisions regarding visas and other entry procedures except those aimed at increasing transparency and streamlining administrative procedures; to set requirements to ensure that temporary service providers return homeoppose linking simplification of visa procedures with readmission arrangements in the context of trade agreements;
Amendment 414 #
Motion for a resolution
Paragraph 1 – point d – point v
Paragraph 1 – point d – point v
v. to seekreconsider provisions to horizontally prohibit the requirement of establishing a commercial presence, or of being a resident, as a condition for providing professional services as these bear the risk of foreign operators providing services cross-border not being subject to the same requirements and regulations as national providers; to limit the scope of the Annex on professional services to the list of commitments made by each Party;
Amendment 425 #
Motion for a resolution
Paragraph 1 – point e – point i
Paragraph 1 – point e – point i
i. to aim at reinforcing financial stabilitythe stability of the financial system and single financial institutions, guaranteeing full consistency with the post-crisis regulatory environment, ensuring adequate protection for consumers and guaranteeing fair competition between financial services providers;
Amendment 435 #
Motion for a resolution
Paragraph 1 – point e – point ii
Paragraph 1 – point e – point ii
ii. to step up, towards a binding commitment instead of just a best endeavour, the implementation and application of international standards for the regulation and supervision of the financial sector, such as those endorsed by the G20, the Basel Committee on Banking Supervision, the Financial Stability Board, the International Organisation of Securities Commissions and the International Association of Insurance Supervisors; to bind TiSA parties not signaensure, however, that such standards are seen as minimum, not maximum standards and that countries can also apply them extraterritorially to their own firms and their activities as well as to all firms operating in their territory; to acknowledge that the WTO Understanding on Financial Services to equivalent rulepre-dates the financial crisis and the regulatory environment that has emerged afterwards;
Amendment 437 #
Motion for a resolution
Paragraph 1 – point e – point iii
Paragraph 1 – point e – point iii
iii. to replicate the GATS prudential carve- out so as to allow parties to deviate from their trade commitments when this is necessary for prudential reasons; build, at the very least, on the CETA prudential carve-out instead of the GATS prudential carve-out, so as to ensure a better guarantee for financial stability while keeping the necessary margin of manoeuvre, so as to allow parties to deviate from their trade commitments when this is necessary for prudential and, more broadly, regulatory reasons; to provide for an open list of prudential objectives which would at least include the reduction of systemic risks embedded in the financial system, as well as the inclusion of consumer protection and social and environmental goals as legitimate public policy objectives;
Amendment 442 #
Motion for a resolution
Paragraph 1 – point e – point iv
Paragraph 1 – point e – point iv
iv. to ensure that this agreement does not limit the EU’s ability to ban certain financial products in line with its regulatory framework, including new financial services, in line with its current and future regulatory framework and beyond prudential reasons;
Amendment 450 #
Motion for a resolution
Paragraph 1 – point e – point v
Paragraph 1 – point e – point v
v. while stressing the need to increase worldwide accessto suspend additional market access commitments in financial services until a full assessment of the impact of past liberalisation on the causes of the financial crisis has been completed, since interconnectedness, complexity and excessively big entities generate and spread systemic risks and represent a threat to financial services,tability; to exclude cross-border financial services from the EU’s commitments until there is convergence in financial regulation at the highest level, except in very limited and justified cases;
Amendment 454 #
Motion for a resolution
Paragraph 1 – point e – point v a (new)
Paragraph 1 – point e – point v a (new)
va. to acknowledge that the stabilisation of the financial markets necessarily goes hand in hand with limiting the size of financial service providers;
Amendment 456 #
Motion for a resolution
Paragraph 1 – point e – point v b (new)
Paragraph 1 – point e – point v b (new)
vb. to acknowledge that the re-regulatory action following the financial crisis is not yet over, including requirements on certain legal forms, splits (e.g. bank separation), changes of business or downsizing; to oppose provisions on non- discriminatory measures in the financial services annex as they could undermine such re-regulation efforts; to acknowledge that standstill and ratchet clauses may impede the introduction of new regulation if deemed to worsen the current level of commitments under national treatment;
Amendment 458 #
Motion for a resolution
Paragraph 1 – point e – point v c (new)
Paragraph 1 – point e – point v c (new)
vc. as regards purchases of financial services by public entities, to be consistent with the EU Directives on public procurement which exclude financial services; to oppose an unqualified non- discrimination rule that would not allow, for instance, selecting service providers on the basis of qualitative (e.g. social or environmental) as opposed to quantitative (e.g. cost-based) criteria, contrary to what is now permitted under the EU Directives;
Amendment 460 #
Motion for a resolution
Paragraph 1 – point f – point i
Paragraph 1 – point f – point i
i. to ensure a high level of ambition in the transport sector, whichoppose any additional market access in the transport sector leading to an expansion of its critical to the development of global value chainssize, until the climate cost of international transport is not internalized in its price; to increase the speed, reliability, security and interoperability of transport services, to the benefit of business customers and individual users;
Amendment 467 #
Motion for a resolution
Paragraph 1 – point f – point ii
Paragraph 1 – point f – point ii
ii. to seek improved access to foreign marketsoppose any horizontal obligation to grant full market access in Modes 1 and 3 as well sector-specific standstill clauses, and a reduction in anti- competitive regulatory practices, most importantly those which are harmful to the environment and reduce the efficiency of transport services; to address restrictions in the cabotage sector and to avoid carriers returning empty from their host country, in particular in the Annex on maritime transport;
Amendment 472 #
Motion for a resolution
Paragraph 1 – point f – point iv
Paragraph 1 – point f – point iv
iv. to oppose any domestic regulation discipline specific to road transport, including any proposal to have a necessity test, due to the highly sensitive safety issues in the sector; to oppose any proposal to make fees for the use of infrastructure proportional to the effective costs involved as that could undermine taking into account environmental externalities or other important regulatory issues; to exclude any provisions facilitating the entry and stay of professional drivers from the scope of the Annex on road transport;
Amendment 475 #
Motion for a resolution
Paragraph 1 – point f – point v
Paragraph 1 – point f – point v
v. to ensure consistency withnot consider international standards, such as those endorsed by the International Maritime Organisation and the International Civil Aviation Organisation, as maximum standards and to oppose any lowering of these international benchmarks;
Amendment 478 #
Motion for a resolution
Paragraph 1 – point f – point vi
Paragraph 1 – point f – point vi
vi. to strike the right balance between the liberalisation of the competitive postal sector and the protection of national monopolies; therefore to prevent anti- competitive cross-subsidisation and to ensurewithout undermining the recognition of universal service obligations as defined by each party; to this purpose, to allow for non- discriminatory charges on the commercial services for the purpose of funding the supply of the universal services; to refrain from considering universal service obligations as in principle anti- competitive and to withdraw any proposal to apply a necessity test;
Amendment 483 #
Motion for a resolution
Paragraph 1 – point g – point i
Paragraph 1 – point g – point i
i. to fully preserve European, national and local authorities’ right to regulate; to acknowledge that even a recognition in the core text of the agreement is not enough to fully preserve the right to regulate; to note that the right to regulate is defined by Article I-9 of the core text, which corresponds to GATS Article XIV, which is outdated in respect of the current level of service liberalisation; to therefore include, in a definition of the right to regulate and in an non-exhaustive list the objectives and the functions pursued by public services (e.g. redistributive policies or affordable universal access), as well as the obligations under international treaties a country is party to, such as those covering indigenous rights, climate change, culture or tobacco control; to ensure that the combination of domestic regulation and transparency annexes will not lead to a regulatory-chill effect;
Amendment 495 #
Motion for a resolution
Paragraph 1 – point g – point ii
Paragraph 1 – point g – point ii
ii. to promote good governance and foster good practices in administrative and legislative processes, by encouraging the wide take-up of measures that strengthen the independence of decision-makers, increase the transparency of decisions, and reduce red tape; to stress that consumer protection and safety must be at the centre of regulatory endeavours;
Amendment 504 #
Motion for a resolution
Paragraph 1 – point g – point iii
Paragraph 1 – point g – point iii
iii. to recognise that theGATS Article VI on domestic regulation chapter is necessary to prevent parties from implementing disguised trade barriers and imposing unnecessary burdens on foreign companis been one of the stumbling blocks in GATS negotiations since the Uruguay Round and still is today due to the high sensitivity of the matter; to note that domestic regulation is in principle non-discriminatory as it applies in the same manner to domestic and foreign service suppliers; to consider that domestic regulation disciplines, in particular when they apply for different types of permitterfere with the regulatory autonomy of national authorities and that they should first of all continue to satisfy public policy goals rather than being made trade- oriented; to limit domestic regulation disciplines to ensuring clear and non- discriminatory rules;
Amendment 509 #
Motion for a resolution
Paragraph 1 – point g – point iii a (new)
Paragraph 1 – point g – point iii a (new)
iiia. to reject the domestic regulation annex;
Amendment 513 #
Motion for a resolution
Paragraph 1 – point g – point iii b (new)
Paragraph 1 – point g – point iii b (new)
iiib. to not consider applying a EU- equivalent proportionality test in TiSA or GATS as an alternative to the necessity test, since proportionality is applied and interpreted on the basis of the principles of the EU acquis, which cannot be recognised as a legal basis under international trade agreements;
Amendment 514 #
Motion for a resolution
Paragraph 1 – point g – point iv
Paragraph 1 – point g – point iv
iv. to ensure that agreed rules apply only to trade-related measures, such asonly to qualifications and licensing requirements and procedures, and only in sectors where a party has undertaken commitments;
Amendment 515 #
Motion for a resolution
Paragraph 1 – point g – point iv a (new)
Paragraph 1 – point g – point iv a (new)
iva. to ensure that, even after granting a licencing authorisation, such procedures as further public consultation or impact assessments can be carried out by public authorities if necessary and that this is not to be interpreted as causing undue delay;
Amendment 521 #
Motion for a resolution
Paragraph 1 – point g – point vi
Paragraph 1 – point g – point vi
vi. to clearly define the law-making principles of transparency and objectivity so as to ensure that these concepts do not turn into catch-all provisions; to recognise that all measures are administered in a reasonable, objective and impartial manner if they are applied the same way to domestic and foreign providers;
Amendment 526 #
Motion for a resolution
Paragraph 1 – point g – point viii
Paragraph 1 – point g – point viii
viii. to ensure that administrative fees charged to foreign companies are fair, that remedies making it possible to file a complaint in national courts exist, and that rulings are delivered in a reasonable period of time; to recognise that licencing fees can be used, for instance, to cross-finance public and universal services and to not undermine the possibility for public authorities to charge fees higher than the administrative costs involved, provided they are applied in a non-discriminatory manner; to ensure, that remedies making it possible to file a complaint in administrative national courts are equally accessible to domestic and foreign providers;
Amendment 531 #
Motion for a resolution
Paragraph 1 – point g – point x
Paragraph 1 – point g – point x
x. to oppose any proposals calling for the mandatory submission of legislative proposals to third parties prior to their publication; to apply this principle to all TiSA annexes;
Amendment 538 #
Motion for a resolution
Paragraph 1 – point h – point i
Paragraph 1 – point h – point i
i. to acknowledge that TiSA is an opportunity tomust ensure competition by the rules, not for the rules;
Amendment 545 #
Motion for a resolution
Paragraph 1 – point h – point ii
Paragraph 1 – point h – point ii
ii. to endeavour to includoppose a regulatory chapter on government procurement with a view to maximising the participation of European companies in foreign tenders; to deplore the lack of transparency regarding non-European calls for tenders and to denounce the lack of reciprocity in this area, as illustrated by the preferential treatment granted to domestic companies in several countries; to encourage the ratification and implementation of the WTO Government Procurement Agreement and its 2011 revision; to call upon the Member States to reinvigorate discussions on the proposed international public procurement instrumentas long as its provisions do not include sustainability criteria, as well as thresholds below which commitments do not apply, in line with the EU Directives; to consider that public procurement is an important public policy instrument especially for developing and transition countries and that the EU Member States have benefitted from national preferences in the past to foster economic development; to note that the EU has now lost the possibility to use procurement for public policy and political economy purposes;
Amendment 554 #
Motion for a resolution
Paragraph 1 – point h – point iii
Paragraph 1 – point h – point iii
iii. to lower unnecessary barriers to trade in energy- and environment-related services, while keeping the possibility to take reservations on market access and national treatment in all modes of supply, given that an increasing number of services, such as installation, management and repairs, are sold together with products in these two areas; to oppose all horizontal standstill clauses as well as any prohibition to adopt Section A reservations; to acknowledge the explicit recognition of each party’s sovereignty over energy resources and to preserve the EU’s right to regulate, in particular so as to meet the European objectives of sustainability, security and affordability;
Amendment 566 #
Motion for a resolution
Paragraph 1 – point i – point ii
Paragraph 1 – point i – point ii
ii. to ensure that the mall Members of Parliament’s Committee on International Trade receive all the negotiating documents related to TiSA;
Amendment 571 #
Motion for a resolution
Paragraph 1 – point i – point iii
Paragraph 1 – point i – point iii
iii. to welcome the substantial push for transparency vis-à-vis the public since the 2014 European elections, including the publication of EU market access offers and the mandate granted by the Council; to further these efforts by providing fact sheets for each part of the agreement and by publishing factual round-by-round feedback reports on the Europa website; to step up, in line with the recommendations of the European Ombudsman on TTIP, ongoing efforts to increase transparency in the negotiations by the immediate publication of all documents relevant to TiSA, including negotiation proposals, especially consolidated negotiation texts; to reinforce continuous and transparent engagement with all stakeholders and civil society organisations in particular by allowing them to participate in the negotiating process;
Amendment 579 #
Motion for a resolution
Paragraph 1 – point i – point iv
Paragraph 1 – point i – point iv
iv. to welcome the continuous engagement of the EU institutions with a wide range of stakeholders throughout the negotiation process; to encourage civil society to participate actively and to put forward initiatives, concerns, problematic issues and information relevant to the negotiations and to urge the Commission to better take those into account;
Amendment 584 #
Motion for a resolution
Paragraph 1 – point i – point v
Paragraph 1 – point i – point v
v. to encourage therequest Member States to involve their natnational and regional parliaments and to keep them adequately informed about the ongoing negotiationss well as local authorities in the negotiations as much as possible and to keep them adequately informed about reports, proposals and positions of the EU;
Amendment 594 #
Motion for a resolution
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
to withdraw from TiSA negotiations if all the above recommendations are not respected;