[ParlTrack]

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Recital A a (new)

Aa. whereas the European Union is bound by Article 2 of the Treaty on European Union, inter alia, to the values of democracy and the rule of law;

2015/01/29
Committee: LIBE

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Recital A b (new)

Ab. whereas both Article 1 and Article 10 (3) of the Treaty on European Union stipulate that "decisions shall be taken as openly and as closely as possible to the citizen";

2015/01/29
Committee: LIBE

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Recital A c (new)

Ac. whereas the European Ombudsman has opened, on 29 July 2014, an own- initiative inquiry concerning the European Commission's dealing with requests for information and access to documents in relation to the TTIP negotiations1 c ; whereas the case was closed on 6 January 2015; __________________ 1c Case OI/10/2014/RA

2015/01/29
Committee: LIBE

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Recital A d (new)

Ad. whereas Members of the European Parliament depend on leaked documents when scrutinizing the negotiations for TTIP;

2015/01/29
Committee: LIBE

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Recital A e (new)

Ae. whereas there is no evidence that encryption standards cause a more compelling interoperability problem than exists in relation to other ICT-standards, while their regulation makes both businesses and citizens more vulnerable to online attacks and surveillance.

2015/01/29
Committee: LIBE

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Recital A f (new)

Af. whereas the Union is bound by Articles 20 and 21 of the Charter to the principles of equality before the law and freedom from discrimination;

2015/01/29
Committee: LIBE

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Recital A g (new)

Ag. whereas regulatory cooperation could prejudice legislative prerogatives of the European Parliament as well as of national parliaments and therefore have a chilling effect on the application of the values of the Union as laid out in Article 2 TEU;

2015/01/29
Committee: LIBE

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 1 a (new)

1a. Calls on the Commission to propose that the human rights clause should include: – Confirmation of states obligations under the Universal Declaration of Human Rights and other relevant international human rights instruments including, but not limited to, the European Convention on Human Rights and the International Covenant on Civil and Political Rights; – Assurance that state parties will interpret the provisions in the agreement in accordance with international human rights law; – Assurance that none of the obligations arising from the agreement will have the effect of modifying the obligations to respect, protect, and fulfil fundamental rights in the EU; – An exception permitting parties to suspend their obligations arising from the agreement if there are grounds to believe that it will result in a breach of fundamental rights; – A mechanism putting forward periodic human rights impact assessments to be conducted jointly by a designated committee of the US Congress and the European Parliament; – A mechanism to bring complaints in front of national courts in order to initiate an investigation by the designated authority into human rights disputes arising under the agreement; – Procedures to ensure that citizens have equality before the law; – Assurance that the Parties to the agreement will not in any way whatsoever relatively privilege their own citizens, or otherwise discriminate against non- citizens, merely according to their citizenship status in any matter affected by this agreement, concerning public order, national security, crime or grounds of important public interest; such as internationally recognised labour standards, environment, public health or food safety standards; – An accessible mechanism to impose sanctions when fundamental rights and standards are abused and dialogue or mediation have been exhausted;

2015/01/29
Committee: LIBE

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 2 a (new)

2a. Calls on the Commission to take immediate measures to ensure that in particular the recommendation for the development on a European strategy for IT independence and an EU cyber strategy, as included in the European Parliament resolution of 12 March 2014 on the US NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens' fundamental rights and on transatlantic cooperation in Justice and Home Affairs, are implemented;

2015/01/29
Committee: LIBE

Cornelia ERNST, Barbara SPINELLI

Draft opinion
Paragraph 2 b (new)

2b. Believes that any expansion of coordination with the USA on matters of IT-security should be contingent on the end of mass surveillance programmes and targeted intrusion against EU citizens, institutions and Member States.

2015/01/29
Committee: LIBE

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 6 a (new)

6a. Calls on the Commission to respect the responses to the public consultation carried out by the Commission itself, indicating an overwhelming opposition to ISDS; points to the extraordinary success of the European Citizens' Initiative "Stop TTIP" that gathered 2 million signatures, notwithstanding the rejection by the Commission of this ECI.

2015/01/29
Committee: LIBE

Cornelia ERNST, Barbara SPINELLI

Draft opinion
Paragraph 6 b (new)

6b. Calls on the Commission to make sure that encryption standards, or the certification thereof, are not included in the TTIP agreement, since there is no economic benefit, but a serious potential economic and societal loss to it.

2015/01/29
Committee: LIBE

Cornelia ERNST, Barbara SPINELLI

Draft opinion
Paragraph 6 c (new)

6c. Calls on the Commission to ensure that any provisions on ISDS or regulatory cooperation will not have a chilling effect on democracy in the Union or the Member States;

2015/01/29
Committee: LIBE

Cornelia ERNST, Barbara SPINELLI

Draft opinion
Paragraph 6 d (new)

6d. Calls on the Commission to oppose any mechanism regarding ISDS that could impair the fundamental right of equality before the law;

2015/01/29
Committee: LIBE

Cornelia ERNST, Barbara SPINELLI, Marina ALBIOL GUZMÁN

Draft opinion
Paragraph 7 a (new)

7a. Expects the Commission to take immediate measures to implement all recommendations made by the European Ombudsman in case OI/10/2014/RA;

2015/01/29
Committee: LIBE

Cornelia ERNST, Barbara SPINELLI

Draft opinion
Paragraph 7 b (new)

7b. Reminds the Commission that, should TTIP be considered a mixed agreement, according to the recent CJEU opinion on the EU accession to the ECHR (par 201) the Court has consistently held that an international agreement cannot affect the allocation of powers fixed by the Treaties or, consequently, the autonomy of the EU legal system, the observance of which is ensured by the Court. That principle is notably enshrined in Article 344 TFEU, according to which Member States undertake not to submit a dispute concerning the interpretation or application of the Treaties to any method of settlement other than those provided by the Treaties.

2015/01/29
Committee: LIBE

16 Amendments of Cornelia ERNST related to 2014/2228(INI)

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