Activities of Emma McCLARKIN related to 2015/2233(INI)
Plenary speeches (2)
Negotiations for the Trade in Services Agreement (TiSA) (debate)
Negotiations for the Trade in Services Agreement (TiSA) (debate)
Shadow reports (1)
REPORT containing the European Parliament’s recommendations to the Commission on the negotiations for the Trade in Services Agreement (TiSA) PDF (651 KB) DOC (251 KB)
Amendments (57)
Amendment 1 #
Draft opinion
Paragraph 2 - point a - point -i a (new)
Paragraph 2 - point a - point -i a (new)
-ia. to continue and complete negotiations for the Trade in Services Agreement delivering considerable systemic benefits while harmonising the trade rules applicable to 70% of global trade in services; specifically the Commission should focus not only on securing existing levels of liberalisation among the parties but also on providing EU businesses and consumers with new market access opportunities while creating new and enhanced regulatory disciplines which are both WTO compatible and open to multilateralisation;
Amendment 4 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Commission's Communication of 14 October 2015 entitled "Trade for All: Towards a More Responsible Trade and Investment Policy",
Amendment 5 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to 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 documents,
Amendment 6 #
Draft opinion
Paragraph 2 - point a - point i
Paragraph 2 - point a - point i
i. to ensure the highest level of transparency in the negotiations, in particular by allowing access to, where appropriate, to relevant documents and by organising a consultation with Parliament and civil society, citizens, businesses, and other relevant stakeholders;
Amendment 14 #
Draft opinion
Paragraph 2 - point a - point ii
Paragraph 2 - point a - point ii
ii. to ensure that before considering the removal of barriers, the agreement seeks to create a level playing field the agreement first and foremost delivers on its potential to create high quality well paid jobs in the European Union, by ensuring the services sector, and has as its main objective to highlight andat high standards and disciplines are further reinforced and improved, with a view to establishing them more firmly at the multilateral level; considers this objective perfectly compatible with maintaining the high level of protection of consumers, workers and the environment enshrined in the Treaty on the Functioning of the European Union (TFEU) and existing Consumer acquis;
Amendment 17 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the European Union is still struggling to overcome to the effects of the financial crisis, with low growth compounded by slowing growth rates in the largest emerging economies, low total factor productivity, significantly decreased volumes of investment, all compounded by weak demographics, including not only rising median age but also increasing dependency rates;
Amendment 18 #
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas TiSA in it is current form and with it is existing negotiating Members is a plurilateral agreement, with the ambition that a concluded deal could eventually reach the critical mass to enable it to become a multilateral deal within the WTO framework; whereas nothing included in TiSA should prevent its compliance with the existing WTO system;
Amendment 26 #
iii. to ensure that the TiSA provides reciprocal access, notwithstandingguarantees increased market access, and is without prejudice to the right of countries to adopt regulations whichthat are duly justified onby the public policy groundinterest, notably with the inclusion of horizontal provisions, general principles and an explicit recognition of the right to regulate, as is already the case with GATS Article XIV, which in no way has prevented the EU or its Member States from adopting legitimate public policy objectives;
Amendment 27 #
Motion for a resolution
Recital A
Recital A
A. whereas the TiSA negotiations are aimed at not only increasing market access and trade and investment but also achieving better international regulation, not lower domestic regulation, shaping globalisation to ensure that it reflects EU values and principles;
Amendment 40 #
Draft opinion
Paragraph 2 - point b
Paragraph 2 - point b
b) regarding the protection of public services and services of general interest
Amendment 45 #
Draft opinion
Paragraph 2 - point b - point i
Paragraph 2 - point b - point i
i. to ensure that the negotiations maintain and strengthen the fundamental role played by public services and services of general interest in the European Union, which provide an essential safety net for citizens and contribute to public health, social cohesion, growth and employment, requests therefore that the Turkish desire to include portability of healthcare be firmly rejected by the Commission;
Amendment 48 #
Motion for a resolution
Recital C
Recital C
C. whereas any trade agreement must be a market opener for our companies abroad and a safety net for our citizens at homellowing them to develop their businesses and take an increasingly active role in developing global value chains;
Amendment 54 #
Draft opinion
Paragraph 2 - point b - point ii
Paragraph 2 - point b - point ii
ii. to maintain the Member States’ freedom to regulate those services at all levels and to provide, commission and fund public services in compliance with the Treaties, as is the case with EU FTAs already negotiated with the Andean Countries, Central America, South Korea, Canada and Singapore; this can be done using known reservations and exemptions which have functioned without issue;
Amendment 59 #
Draft opinion
Paragraph 2 - point c
Paragraph 2 - point c
c) regarding the services includedcope of the agreement and dispute settlement
Amendment 61 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the EU is the world's largest importer and exporter of goods and services put together, with services accounting for 70% of total EU employment, 90% of EU job creation and 40% of the value of goods exported from Europe; whereas jobs in export industries pay higher salaries;
Amendment 61 #
Draft opinion
Paragraph 2 - point c - point i
Paragraph 2 - point c - point i
i. to ensure that a positive list of services ready to be placed on the market is presented by the Union in order to protect those services not explicitly referred to from being opened up to competitione widest possible inclusion of service sectors in the agreement, in particular the digital service sector, based on the mandate from the Member States, given that services make up around 70% of the EU economy and account for 90% of new job creation, underlining the crucial relevance of finding new market access opportunities for service exports in third countries;
Amendment 65 #
Motion for a resolution
Recital E
Recital E
E. whereas the value of EU exports in services has doubled over the last 10 years to reach a value of €728bn in 2014; whereas TiSA is an opportunity for the EU to consolidate its position as the world leader in the field, with 24 % of global trade in services;
Amendment 67 #
Motion for a resolution
Recital F
Recital F
Amendment 70 #
Draft opinion
Paragraph 2 - point c - point ii
Paragraph 2 - point c - point ii
ii. to ensure that the negotiations comply with the new directives on public procurement and concessions, in particular as regards the definition of public-public cooperation, exclusions and SME accessguarantee that the final agreement respects existing EU law and meets the requirements of the new directives on public procurement and concessions, including the relevant definitions contained therein;
Amendment 76 #
Draft opinion
Paragraph 2 - point c - point iii
Paragraph 2 - point c - point iii
iii. to ensure reciprocity in the mutual recognition of professional qualifications, in particular by establishing a legal framework, and that mobility is promoted by making it easier for professionals in the sectors covered by the agreement to obtain visaseek visas, recognising the varying sensitivities around different sectoral labour mobility, and that these considerations be taken into account in negotiations;
Amendment 86 #
Draft opinion
Paragraph 2 - point c - point iv a (new)
Paragraph 2 - point c - point iv a (new)
iva. to ensure the inclusion of a strong dispute settlement mechanism which should aim at ensuring the continued commitment of the parties to respecting and observing mutually agreed rules and openings;
Amendment 90 #
Draft opinion
Paragraph 2 - point d - point i
Paragraph 2 - point d - point i
Amendment 91 #
Motion for a resolution
Recital H
Recital H
H. whereas non-tariff barriers, which on average represent more than 50 % of the cost of cross-border services, disproportionately affect small and medium-sized enterprises, which make up one third of EU service exports and which often lack the human and financial resources necessary to overcome those obstacles; whereas the elimination of unnecessary barriers would facilitate their internationalisation;
Amendment 95 #
Draft opinion
Paragraph 2 - point d - point ii
Paragraph 2 - point d - point ii
ii. to maintain the exclusion of audio-visual and cultural services;
Amendment 110 #
Motion for a resolution
Recital J
Recital J
J. whereas citizens’' trust in the EU’'s trade policy is a mustessential, which can only be restoredmaintained and increased by ensuring not only beneficial outcomes in terms of employment and wealth creation for citizens and businesses, but also by ensuring the highest level of transparency, by maintaining constant dialogue with civil society, and by setting clear guidelines in the negotiations;
Amendment 145 #
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, and to reinvigorate the discussions on services in the Doha Development Round; stresses therefore that nothing should be included in TiSA that would prevent its later integration into the WTO system;
Amendment 163 #
Motion for a resolution
Paragraph 1 – point a – point ii
Paragraph 1 – point a – point ii
ii. to reiterate its support for an ambitious comprehensive and balanced agreement, which should unleash the untapped potential of a more integrated global services market, while fully guaranteeing compliance with the EU acquis; to shape globalisation and to create international standards, while fully preserving the right to regulate; to secure increased market access for European services suppliers in key sectors of interest, while accommodating specific carve-outs for sensitive sectorsecure substantially increased market access for European services suppliers in key sectors of interest, while accommodating specific carve-outs for sensitive sectors; to shape globalisation and to create international standards, while fully preserving the right to regulate and pursue legitimate public policy objectives such as public health, safety, environment, public morals and the promotion of cultural diversity;
Amendment 176 #
Motion for a resolution
Paragraph 1 – point a – point iii
Paragraph 1 – point a – point iii
iii. to push for multilateralisation by crafting GATS-compatible provisions and by accepting new parties conditional on their acceptance of the already agreed rules and level of ambitions; 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 and other large emerging and dynamic economies;
Amendment 183 #
Motion for a resolution
Paragraph 1 – point a – point iv
Paragraph 1 – point a – point iv
iv. to carry out the negotiations on a preferential basis and to limit the benefits of the agreement to TiSA parties until it is multilateralised, with the Most Favoured Nation (MFN) not applying to TiSA until that critical mass has been reached;
Amendment 185 #
Motion for a resolution
Paragraph 1 – point a – point v
Paragraph 1 – point a – point v
Amendment 221 #
Motion for a resolution
Paragraph 1 – point b – point i
Paragraph 1 – point b – point i
i. to exclude public services and cultural services from the scope of the negotiations,from the scope of the EU's commitments and to ensure that no commitments or disciplines in the agreement prevent Member States from taking actions necessary to promote cultural diversity, given the special status of the sector in the EU and the Member States and to seek the further opening of foreign markets in telecommunications, transport and professional services;
Amendment 242 #
Motion for a resolution
Paragraph 1 – point b – point ii
Paragraph 1 – point b – point ii
ii. to ensure reciprocityproportionate commitments among the parties at all levels; to condition any further commitments beyond the EU’'s current level of openness on the other parties’' proportionate offers across all sectors and modes; 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 participating;
Amendment 246 #
Motion for a resolution
Paragraph 1 – point b – point iii
Paragraph 1 – point b – point iii
iii. to exclude the provision of new services from the EU’s commisupport the Commission's mixed list approach to market access and national treatments;
Amendment 253 #
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, while supporting the use of standstill clauses in terms of national treatment to ensure that EU service providers continue to be protected from discrimination;
Amendment 264 #
Motion for a resolution
Paragraph 1 – point b – point v
Paragraph 1 – point b – point v
v. to undertake limitedambitious commitments in Mode 1 so as to avoid regulatory arbitrage and social dumping; to, or the cross border supply of services, while ensureing that European rules are fully respected when a company provides a service from abroad to European consumers;
Amendment 273 #
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 barriers to commercial presence and establishment, such as foreign equity caps and joint venture requirements which is of crucial relevance in terms of increasing growth of services delivered through modes 1 and 4;
Amendment 314 #
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 from the scope of the agree from the EU's commitments, irrespective of the technology or distribution platform used;
Amendment 329 #
Motion for a resolution
Paragraph 1 – point c – point i
Paragraph 1 – point c – point i
i. to ensure cross-border data flows in compliance with the universal right to privacyEU data protection laws;
Amendment 349 #
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 globally in full compliance with the data protection and security rules in force in Europe; to ensure that citizens remain in control of their own data; to 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 355 #
Motion for a resolution
Paragraph 1 – point c – point iv
Paragraph 1 – point c – point iv
iv. to ensure that language on the national security clauses are grounded in appropriate necessity criteria; to firmly reject, therefore, any extension of the scope of the national security exemption enshrined in GATS Article XIVa exemption mirrors the GATS Article XIVa, so as to ensure that nothing in the agreement shall be construed as limiting the parties from taking action to ensure their essential security interests and those of their citizens;
Amendment 364 #
Motion for a resolution
Paragraph 1 – point c – point v
Paragraph 1 – point c – point v
v. to recognise that digital innovation is ahas become a key driver of economic growth and productivity in the entire economy, underlining the need to ensure that TiSA contains modern and future orientated rules and disciplines concerning e- commerce preventing fragmentation and the establishment of new barriers to digital trade; to recognise the need for data flows; to seek, therefore, a comprehensive prohibition of forced data localisation requirements;
Amendment 388 #
Motion for a resolution
Paragraph 1 – point d – point i
Paragraph 1 – point d – point i
i. to ensure that nothing in TiSA will prevent the EU and its Member States from maintaining and applying their labour and social regulations, as well as their legislation on entry and temporary staor applying measures to regulate the entry of natural persons into, or temporary stay in, its territory including those measures necessary to ensure the orderly movements of natural persons across its borders such as, inter alia, admission or conditions for admission for entry;
Amendment 406 #
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 and that the benefits of TiSA on covered sectors would be enhanced if qualified professionals are able to move seamlessly among the parties;
Amendment 410 #
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 so that TiSA does not apply to measures affecting natural persons seeking access to the employment market of a party, nor measures regarding citizenship residence or employment on a permanent basis; to set requirements to ensure that temporary service providers return home;
Amendment 453 #
Motion for a resolution
Paragraph 1 – point e – point v
Paragraph 1 – point e – point v
v. while stressing the need to increase worldwide access to financial services, to excludensure that any commitments in 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 casesservices do not undermine the integrity and security of financial regulatory systems in the EU;
Amendment 489 #
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 in pursuit of legitimate public policy objectives;
Amendment 498 #
Motion for a resolution
Paragraph 1 – point g – point ii
Paragraph 1 – point g – point ii
ii. to promote good governance and transparency and to 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 519 #
Motion for a resolution
Paragraph 1 – point g – point v
Paragraph 1 – point g – point v
v. to request and publish a legal opinion prior to Parliament’'s vote on the final agreement, with a view to thoroughly assessing the two Annexes on domestic regulation and transparency in light of EU law, EU principles and international jurisprudence, and to assess whether the legal obligations set in these chapters are already respected in the EU;
Amendment 525 #
Motion for a resolution
Paragraph 1 – point g – point vii
Paragraph 1 – point g – point vii
vii. to make information on trade-related regulations and how they are administered publicly available online; to place the emphasis on rules governing licensing and authorisations; to specifically push for the creation of a web-based one-stop shop information mechanism for SMEs and to include SMEs in it is conception;
Amendment 528 #
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, tha and proportionate, that sufficient remedies making it possible to file a complaint in national courts exist, and that rulings are delivered in a reasonable period of time;
Amendment 533 #
Motion for a resolution
Paragraph 1 – point g – point x
Paragraph 1 – point g – point x
x. to oppose any proposals callensure that nothing forin the mandatory submission of legislative proposals to third parties prior to their publicationagreement prevents the EU from taking decisions in the context of its better regulation agenda;
Amendment 539 #
Motion for a resolution
Paragraph 1 – point h – point i
Paragraph 1 – point h – point i
i. to acknowledge that TiSA is an opportunity to ensure a competition by the rules, not for the rulesve level playing field among the parties by creating common disciplines and provisions aimed at ensuring a minimum level of best regulatory practice;
Amendment 549 #
Motion for a resolution
Paragraph 1 – point h – point ii
Paragraph 1 – point h – point ii
ii. to endeavour to include a regulatory chapter on government procurement with a view to maximising the participation of European companies in foreign tenders; to deplorovercome the lack of transparency and market entry barriers 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 by those parties who have not yet done so 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 instrument;
Amendment 556 #
Motion for a resolution
Paragraph 1 – point h – point iii
Paragraph 1 – point h – point iii
iii. to lower barriers to trade in energy- and environment-related services, given that an increasing number of services, such as installation, management and repairs, are sold together with products in these two areas; to acknowledge the explicit recognition of each party’'s sovereignty over energy resources in line with Treaty provisions and to preserve the EU’'s right to regulate, in particular so as to meet the European objectives of sustainability, security and affordability;
Amendment 562 #
Motion for a resolution
Paragraph 1 – point i – point i
Paragraph 1 – point i – point i
i. to ensure the highest level of transparency, dialogue and accountability in line with existing WTO rules;
Amendment 570 #
Motion for a resolution
Paragraph 1 – point i – point ii
Paragraph 1 – point i – point ii
ii. to ensure that the members of Parliament’'s Committee on International Trade receive all the negotiating documents related to TiSA where appropriate, ensuring that the negotiating position of the EU is not compromised; calls on Members to take full responsibility when handling such documents to ensure that the Parliament can continue to push for transparency across trade agreements;
Amendment 574 #
Motion for a resolution
Paragraph 1 – point i – point iii
Paragraph 1 – point i – point iii
iii. to welcome the substantial push for public 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 forexplaining in a clear and comprehensible way each part of the agreement and by publishing factual round- by-round feedback reports on the Europa website;