2013/2674(RSP) | [ParlTrack]

Motion for a resolution
Citation 3 a (new)

- having regard to the EU Strategic Framework and Action Plan on Human Rights and Democracy of 25 June 2012,

Amendment 10 #

Motion for a resolution
Recital D

D. whereas 26 EU Member States have individual bilateral investment agreements in force with China; whereas the EU has not yet developed a long-term and sustainable industrial policy driving its offensive and defensive interests in the framework of the new EU foreign investment policy,

Amendment 100 #

Motion for a resolution
Paragraph 17

Amendment 101 #

Motion for a resolution
Paragraph 17

Amendment 102 #

Motion for a resolution
Paragraph 17

Amendment 103 #

Motion for a resolution
Paragraph 17

17. Expresses its deep concern regarding the level of discretion of international arbitrators to make a broad interpretation of investor protection clauses, thereby leading to the ruling out of legitimate public regulations; demands that the arbitrators appointed by the parties when in dispute be independent and impartial and that the arbitration provided follow a code of conduct based either on the rules adopted by the United Nations Commission on International Trade Law (UNCITRAL) or on those of the International Centre for Settlement of Investment Disputes (ICSID), or on any other international agreements and standards recognised and agreed to by the parties;

Amendment 104 #

Robert STURDY, Cristiana MUSCARDINI

Motion for a resolution
Paragraph 17 a (new)

17a. Considers as a key priority to include in the scope of the EU-China bilateral investment agreement effective state-to- state and investor-to-state dispute settlement mechanisms to prevent, on the one hand, that frivolous claims lead to unjustified arbitrations, and to ensure, on the other hand, that all investors have access to a fair trial, followed by enforcement of all arbitration awards without delay;

Amendment 105 #

Motion for a resolution
Paragraph 17 a (new)

Amendment 106 #

Motion for a resolution
Paragraph 17 b (new)

17b. Calls on the EU and China to jointly establish an early warning mechanism in order to give themselves a chance to pro- actively solve any arising dispute on trade or investment at the earliest possible stage using all appropriate measures, including soft power and trade diplomacy;

Amendment 107 #

Motion for a resolution
Paragraph 17 c (new)

17c. Considers also that the EU-China bilateral investment agreement shall include provisions for out-of-court dispute settlement to foster swift, affordable and amicable dispute resolution between parties that freely decide to have recourse to it;

Amendment 108 #

Motion for a resolution
Paragraph 18

~~18. Takes the view that the agreement should provide for state-to-state dispute settlement procedures, but no ISDS;~~deleted

Amendment 109 #

Motion for a resolution
Paragraph 18

~~18. Takes the view that the agreement should provide for state-to-state dispute settlement procedures, but no ISDS;~~deleted

Amendment 11 #

Robert STURDY, Cristiana MUSCARDINI

Motion for a resolution
Recital D a (new)

Da. Whereas even if the labour costs have been increasing by 10% per year in the past years, China is still among the top three markets worldwide to invest;

Amendment 110 #

Motion for a resolution
Paragraph 18

~~18. Takes the view that the agreement should provide for state-to-state dispute settlement procedures, but no ISDS;~~deleted

Amendment 111 #

Motion for a resolution
Paragraph 18

18. Takes the view that the agreement should provide for state-to-state dispute settlement procedures, but no ISDS, consistently with the overall purposes an investment agreement should contribute to; takes also the view that the agreement should include a provision allowing any third party with a stake in a dispute that has been referred to an arbitral tribunal to intervene in the proceedings and to seek appropriate remedies;

Amendment 112 #

Motion for a resolution
Paragraph 18

18. Takes the view that the agreement should provide ~~for~~both state-to-state ~~dispute settlement procedures, but no ISDS~~and investor-to-state dispute settlement mechanisms;

Amendment 113 #

Motion for a resolution
Paragraph 18

18. Takes the view that the agreement should provide for state-to-state dispute settlement procedures~~, bu~~ and for investor-state dispute settlement mechanisms that are set in a suitable legal framework and subject nto ~~ISDS~~strict transparency criteria;

Amendment 114 #

Motion for a resolution
Paragraph 18

18. Takes the view that the agreement should provide for state-to-state dispute settlement procedures, but no ~~ISDS~~t for an investor-to-state dispute settlement mechanism;

Amendment 115 #

Motion for a resolution
Paragraph 18 a (new)

18a. Suggests that precise definitions of flexible dispute-settlement mechanisms such as mediation be provided in the agreement as concerns, for example, the duration, cost and implementation of the solutions agreed by the parties;

Amendment 116 #

Motion for a resolution
Paragraph 19

19. Expresses its view that once concluded and fully ratified, an EU-China investment agreement would replace all existing bilateral investment agreements between individual EU Member States and China in line with Union law;

Amendment 117 #

Motion for a resolution
Paragraph 19 a (new)

19a. Recommends that negotiations only be opened on condition that formal approval has first been given by China’s State Council for market access to be included in the investment agreement;

Amendment 118 #

Motion for a resolution
Paragraph 19 a (new)

19a. Invites the Council to not approve negotiating directives for an investment agreement with China until the Commission has presented a template of investment agreement that can be agreed by the Council and the Parliament and which will then constitute a model for all investment agreements to be negotiated in the future;

Amendment 12 #

Motion for a resolution
Recital E

E. whereas the development goals expressed in the 12th 5-year plan and the EU2020 strategy provide for a high number of shared interests and common challenges; whereas a higher level of integration and technological exchange between the European and Chinese economies can lead to synergies and mutual benefits;

Amendment 13 #

Motion for a resolution
Recital E a (new)

Ea. whereas there should be a level playing field for public and private companies;

Amendment 14 #

Motion for a resolution
Recital F

F. whereas the negotiation of this investment agreement ~~can give rise to public concerns and thus requires the highest possible level of transparency~~on investment protection and market access should be conducted with the highest possible level of transparency in order to enable needed parliamentary oversight, thus fulfilling one of the preconditions for a possible consent of the European Parliament to the outcome of the negotiation;

Amendment 15 #

Motion for a resolution
Recital F

F. whereas ~~the negotiation of~~ this investment agreement ~~can give rise to public concerns and thus requires the highest possible level~~is the first one which is going to be negotiated by the EU as its overall competence after entering in force the Lisbon Treaty, these negotiations have to follow the principle of transparency;

Amendment 16 #

Motion for a resolution
Recital G

G. whereas investors must respect both the laws of the host country ~~in order to be covered by the protection of an investment agreement concluded by the EU~~and the provisions of any agreement concluded by the EU and China once it enters into force in order to fully benefit from the best possible protection of their investments;

Amendment 17 #

Motion for a resolution
Recital G a (new)

Ga. whereas the poor or non- implementation by China of some fundamental social and labour rights as well as of environmental standards, which are however internationally recognised, are among the causes of the present disequilibrium in trade flows between EU and China, which could even be further exacerbated by deeper investment relations if progress is not achieved in the implementation of those rights and standards; whereas this investment agreement should therefore not have the effect of further lowering social and environmental standards in China, but should, on the contrary, contribute to the improvement thereof as a pre-condition, leading to a more balanced and mutually- beneficial trade and investment relation;

Amendment 18 #

Motion for a resolution
Recital H

H. whereas an investment agreement should also include investor obligations, in particular with regard to respecting trade union and other labour rights, transparency and the protection of the environment; whereas investment agreements should not cover investments in specially created zones that provide for circumventing labour and other law requirements;

Amendment 19 #

Motion for a resolution
Recital H

H. whereas an investment agreement should also include investor obligations, in ~~particular~~cluding with regard to respecting trade union and other labour rights, transparency and the protection of the environment as defined in the law of each of the two Parties and be concluded in compliance with WTO rules and other relevant international agreements and core conventions signed and ratified by them;

Amendment 2 #

Motion for a resolution
Citation 5 a (new)

- having regard to its resolution of 14 March 2013 on EU-China relations2, __________________ 2 Texts adopted, P7_TA(2013)0097

Amendment 20 #

Motion for a resolution
Recital H a (new)

Ha. whereas the Commission and the Council have committed to ensure that EU investment policy takes into account the principles and objectives of the Union's external action, including human rights, and have committed to deliver as from 2013;

Amendment 21 #

Motion for a resolution
Recital H b (new)

Hb. whereas the Commission's Impact Assessment on an EU-China investment agreement has not included a human rights dimension;

Amendment 22 #

Motion for a resolution
Recital H c (new)

Hc. whereas, since an investment agreement with China would substantially upgrade EU-China economic relations, it should also give a contribution to upgrading EU-China political dialogue, notably on such issues as human rights - in the framework of an effective and result-oriented human-rights dialogue - and the rule of law, with a view to keeping political and economic relations on a parallel track, consistently with the spirit of the Strategic Partnership;

Amendment 23 #

Motion for a resolution
Recital I

I. whereas investors and investments shall strive, through their management policies and practices, to ~~contribute to~~be in line with the development objectives of the host states and the local levels of government where the investment is located;

Amendment 24 #

Motion for a resolution
Recital I a (new)

Ia. whereas it is clear that decisions of arbitral tribunals under existing investment protection agreements have frequently ignored the host state's obligations under international treaties concerning human rights, labour rights and the protection of the environment and have forced host states to pay compensation for acts which seek to implement these obligations but which also have the incidental effect of reducing foreign investors' profits;

Amendment 25 #

Motion for a resolution
Paragraph 1

1. Welcomes the strengthening of economic relations between the European Union and China; calls on the EU and on China to pursue a relationship of partnership, regular high-level dialogue, and mutual benefits rather than engage in ~~fierce~~unfair competition and confrontation;

Amendment 26 #

Motion for a resolution
Paragraph 1

1. Welcomes the strengthening of economic relations between the European Union and China; calls on the EU and on China to pursue a relationship of partnership and mutual benefits rather than engage in ~~fierce~~ competition and confrontation;

Amendment 27 #

Motion for a resolution
Paragraph 1

1. Welcomes the strengthening of economic relations between the European Union and China; calls on the EU and on China to pursue a balanced relationship of partnership and mutual benefits rather than engage in fierce competition and confrontation;

Amendment 28 #

Motion for a resolution
Paragraph 1 a (new)

1a. Points out that China, having acceded to the WTO in 2001, should show more emphasis towards liberalizing its trade and opening its market in order to ensure a more level playing field and accelerate the artificial impediments that companies face in accessing Chinese market;

Amendment 29 #

Motion for a resolution
Paragraph 2 a (new)

2a. Welcomes the inclusion of market access in the negotiations mandate; believes that the reassurance from China to include market access in the negotiations should constitute a precondition for launching the negotiations;

Amendment 3 #

Motion for a resolution
Citation 5 a (new)

- having regard to its resolution of 23 May 2012 on ‘EU and China: Unbalanced Trade?’,

Amendment 30 #

Motion for a resolution
Paragraph 2 b (new)

2b. Stresses the need to explicitly include both FDIs and portfolio investments into the negotiating process;

Amendment 31 #

Motion for a resolution
Paragraph 3

3. Notes that Chinese enterprises perceive the Union generally as a stable investment environment, but also deplore the existence of certain trade barriers to the European market, such as technical obstacles to trade and barriers erected to block third country investments in certain Member States; calls in this regard on the Union to eliminate all unjustified non-tariff barriers to trade and investment in the EU by foreign parties, but points out that Member States may have legitimate security concerns that justify total or partial exclusion of some sectors from foreign investment on a temporary or long-term basis;

Amendment 32 #

Motion for a resolution
Paragraph 3

3. Notes that Chinese enterprises perceive the Union generally as a stable investment environment, but ~~deplore~~notes the existence of certain trade barriers to the European market, such as technical obstacles to trade and ~~barrier~~scrutiny mechanisms erected to block third country investments in certain Member States; reminds however that a security review mechanism to scrutinise foreign investments was recently set up in China and that the use of such mechanisms both in China and in the EU Member States may be based on legitimate grounds;

Amendment 33 #

Motion for a resolution
Paragraph 3

3. Notes that Chinese enterprises perceive the Union generally as a stable investment environment, but ~~deplore the existence of certain trade barriers to the European market, such as technical obstacles to trade and barriers erected to block third country~~call to remove remaining barriers and to facilitate investments in ~~certain~~the EU Member States;

Amendment 34 #

Motion for a resolution
Paragraph 3

3. Notes that Chinese enterprises perceive the Union generally as a stable investment environment, but deplore the EU's significant export subsidies for European agricultural products, the existence of certain trade barriers to the European market, such as technical obstacles to trade and barriers erected to block third country investments in certain Member States;

Amendment 35 #

Motion for a resolution
Paragraph 4

4. Points out that the main form in which foreign companies are allowed to set up in China is through joint ventures which has so far favoured the competitive development of China while weakening the competitiveness of the EU industry and incentivised the export of polluting technologies to China; is convinced that further openness by China on the joint venture mechanism, combined with better protection of intellectual property rights (IPR), would be mutually beneficial, and would favour a greater level of integration of the European and Chinese economies; based on a more strategic approach towards an economic cooperation that is oriented towards environmentally-friendly technology and innovation;

Amendment 36 #

Motion for a resolution
Paragraph 4

4. Points out that the main form in which foreign companies are allowed to set up in China is through joint ventures~~; is convinced that f~~ – a mechanism which is very restrictive and too often associated with strategic technology transfers that may favour ther competitive developmen~~ness by~~t of China ton the ~~joint venture mechanism~~detriment of European industry in fields in which the EU is at the forefront; is convinced that openness by China to other, more flexible, legal structures, combined with better protection of intellectual property rights (IPR), would be mutually beneficial, and would favour a greater level of integration of the European and Chinese economies;

Amendment 37 #

Motion for a resolution
Paragraph 4

4. Points out that the main form in which foreign companies are allowed to set up in China is through joint ventures; is convinced that further openness by China on the joint venture mechanism, combined with better protection of intellectual property rights (IPR), industrial property, trademarks and the geographical indication of products, would be mutually beneficial, and would favour a greater level of integration of the European and Chinese economies;

Amendment 38 #

Motion for a resolution
Paragraph 4

4. Points out that currently the main form in which foreign companies are allowed to set up in China is through joint ventures; is convinced that further openness by China ~~on the joint venture mechanism~~, towards other legal regulations allowing foreign investors to set up, combined with ~~better~~due protection of intellectual property rights (IPR), would be mutually beneficial, and would favour a greater level of integration of the European and Chinese economies;

Amendment 39 #

Motion for a resolution
Paragraph 4

4. Points out that the main form in which foreign companies are allowed to set up in China is through joint ventures; is convinced that further openness by China on the joint venture mechanism, combined with better protection of intellectual property rights (IPR), is crucial and would be mutually beneficial, and would favour a greater level of integration of the European and Chinese economies;

Amendment 4 #

Motion for a resolution
Citation 5 b (new)

- having regard to the generally accepted principles and practices (GAPP) known as the ‘Santiago Principles’ , which were adopted in October 2008 by the IMF’s Working Group of Sovereign Wealth Funds;

Amendment 40 #

Motion for a resolution
Paragraph 4 a (new)

4a. Is convinced that better protection of intellectual property rights and effective implementation of related rules in China would greatly promote the EU's and other foreign investors' objective of investing, sharing new technological capabilities and updating existing technologies in that country, in particular with regard to environmentally sound technologies;

Amendment 41 #

Motion for a resolution
Paragraph 4 a (new)

4a. Welcomes the efforts made by the Chinese authorities to improve respect for intellectual property rights since China’s accession to the WTO, but still deplores their inadequate protection in China, and regrets the lack of specific means available to European businesses, and particularly SMEs, to counter IPR infringements effectively;

Amendment 42 #

Motion for a resolution
Paragraph 4 b (new)

4b. Is concerned by the unreliability of China’s judicial system, which fails to enforce contractual obligations, and by the lack of transparency and uniformity in applying the regulatory regime governing investments;

Amendment 43 #

Motion for a resolution
Paragraph 4 c (new)

4c. Is convinced that better protection of intellectual property rights and effective implementation of related rules in China would greatly promote the EU’s and other foreign investors’ objective of investing, sharing new technological capabilities and updating existing technologies in that country;

Amendment 44 #

Motion for a resolution
Paragraph 5

5. Urges the Commission to negotiate an ambitious and balanced EU-China investment agreement that seeks to create a better environment and better market access for EU investors in China and vice versa, in~~cluding improved access to the market, and to guarantee transparency regarding~~ order to increase the level of reciprocal capital flows; hopes that transparent and sound governance of Chinese companies which invest within the EU whil~~st increasing the level of reciprocal capital flow~~l be ensured, particularly in the case of state-run companies and sovereign funds originating from China, which should follow the OECD guidelines on the corporate governance of public companies;

Amendment 45 #

Motion for a resolution
Paragraph 5

5. Urges the Commission to negotiate an ambitious and balanced EU-China investment agreement that seeks to create better environment for EU investors in China and vice versa, including improved access to the market, and to guarantee transparency regarding governance of Chinese companies both state owned and private ones which invest within the EU whilst increasing the level of reciprocal capital flows; insists also on better law enforcement in order to ensure fair competition between public and private actors, curtail corruption and enhance legal certainty and predictability of the business climate in China;

Amendment 46 #

Motion for a resolution
Paragraph 5 a (new)

5a. Underlines the importance of establishing, through this agreement, the pre-conditions for fair competition to take place between EU and China; to this purpose, recommends that the Commission negotiates strong and binding provisions on transparency and fair competition so that a level-playing field also applies to state-owned enterprises and sovereign wealth funds' investment practices;

Amendment 47 #

Motion for a resolution
Paragraph 5 a (new)

5a. Calls for the agreement currently being negotiated to cover both market access and investor protection;

Amendment 48 #

Motion for a resolution
Paragraph 6

6. Stresses that nothing in an investment agreement shall reduce the policy space of the Parties and their capability to legislate in order to pursue public policy purposes; Stresses that guaranteeing the rule of law for all EU and Chinese investors and citizens, without prejudice to the right of the parties to adopt and enforce measures necessary to pursue legitimate public policy interests, must remain the priority;

Amendment 49 #

Motion for a resolution
Paragraph 6

6. Stresses that guaranteeing the rule of law for all EU and Chinese investors and citizens, without prejudice to the right of the parties to adopt and enforce measures necessary to pursue legitimate public policy interests, provided that such measures do not nullify the benefits accruing from the commitments of the parties, must remain the priority;

Amendment 5 #

Motion for a resolution
Citation 12 a (new)

- having regard to its resolution entitled 'EU and China: Unbalanced Trade?' (2010/2301(INI));

Amendment 50 #

Motion for a resolution
Paragraph 6

6. Stresses that guaranteeing the rule of law for all EU and Chinese investors and citizens~~, without prejudice to~~ must remain the priority; emphasizes the right of the parties to adopt and enforce measures necessary to pursue legitimate public policy interests~~, must remain the priority~~;

Amendment 51 #

Motion for a resolution
Paragraph 6 a (new)

6a. calls on the Commission to ensure full transparency on sovereign wealth funds;

Amendment 52 #

Motion for a resolution
Paragraph 6 a (new)

6a. Notes that a clear timeframe of negotiations should to be established, and reasonable and meaningful transitional periods should be considered;

Amendment 53 #

Motion for a resolution
Paragraph 7 – introductory part

Considers that the investment agreement with China should be based on the best practices drawn from Member State experiences, bring more coherence and include the following standards:

Amendment 54 #

Motion for a resolution
Paragraph 7 a (new)

7a. Reaffirms that in view of the successful conclusion of the negotiations, quality must always prevail over speed;

Amendment 55 #

Motion for a resolution
Paragraph 7 a (new)

7a. Notes that the investment protection agreement should include clear definitions of the investment and investor to be protected and that speculative forms of investment should not be protected;

Amendment 56 #

Motion for a resolution
Paragraph 7 b (new)

7b. Calls for a compatibility of this agreement with multilateral obligations under GATS so as to fulfil the criteria of the Economic Integration agreement;

Amendment 57 #

Motion for a resolution
Paragraph 7 – indent 1

– non-discrimination (national treatment and most favoured nation treatment for investors and investments in like circumstances);

Amendment 58 #

Motion for a resolution
Paragraph 7 – indent 2

~~– reference to customary international law;~~deleted

Amendment 59 #

Motion for a resolution
Paragraph 7 – indent 7

– protection against direct and indirect expropriation, and allowing for adequate compensation in accordance with the damages occurred in the event of expropriation;

Amendment 6 #

Motion for a resolution
Citation 12 a (new)

- having regard to its recent decision introducing publishing requirements for extractive and logging industries concerning their payments to governments,

Amendment 60 #

Motion for a resolution
Paragraph 7 – indent 7 a (new)

- a clear definition of fair and equitable treatment;

Amendment 61 #

Cristiana MUSCARDINI

Motion for a resolution
Paragraph 7 – indent 7 a (new)

- respect for the principle of legality in connection with nationalisations;

Amendment 62 #

Motion for a resolution
Paragraph 8

8. ~~Not~~Welcomes that the expected improvement in certainty will help SMEs to invest abroad, and ~~not~~stresses in this regard that the voice of SMEs must be heard during negotiations so that the agreement to be concluded fosters the internationalisation of those SMEs that are willing to access the other Party's market and meet the demand for goods and services of a diverse clientele; highlights also in this context the need to promote better consumer awareness and safety, thus enabling citizens on both sides to make an educated choice;

Amendment 63 #

Motion for a resolution
Paragraph 8

8. Notes that the expected improvement in certainty will help SMEs to invest abroad, and notes in this regard that the voice of SMEs must be heard during negotiations; the involvement of EU's new SME Centre in China, the EU's IPR SME Helpdesk and the EU Chamber of Commerce in China is welcomed and their activity needs to be further developed;

Amendment 64 #

Motion for a resolution
Paragraph 9

9. Stresses that a precondition for the conclusion of the agreement should ~~include~~be the inclusion of a strong commitment of the parties to sustainable and inclusive development in economic, social and environmental dimensions in relation to investment in order to build up a more balanced trade and investment-relation between EU and China that is not mainly based on low labour costs and poor environmental standards in China;

Amendment 65 #

Robert STURDY, Cristiana MUSCARDINI

Motion for a resolution
Paragraph 9 a (new)

9a. Calls for a clause in the agreement, that makes clear that investments are subject to the laws and regulations of the host state;

Amendment 66 #

Motion for a resolution
Paragraph 10

10. Stresses that investment agreements concluded by the EU must respect the capacity for public intervention, in particular when pursuing public policy objectives such as social, environmental, human rights, fight against counterfeiting, security, workers' and consumers' rights, public health and safety, industrial policy and cultural diversity; calls to include respective specific clauses into this agreement provided that such measures do not nullify the benefits accruing from the commitments of the parties;

Amendment 67 #

Motion for a resolution
Paragraph 10

10. Stresses that investment agreements concluded by the EU must respect the capacity for public intervention, in particular when pursuing public policy objectives such as social, environmental, human rights, security, workers' and consumers' rights, public health and safety, industrial policy and cultural diversity; calls to include respective specific clauses into this agreement provided that such measures do not nullify the benefits accruing from the commitments of the parties;

Amendment 68 #

Motion for a resolution
Paragraph 10

10. Stresses that investment agreements concluded by the EU must ~~respect~~not be in contradiction with the fundamental values the EU wants to promote through its external policies and, to that purpose, must promote the capacity for public intervention, in particular when pursuing public policy objectives such as social, environmental, human rights, security, workers' and consumers' rights, public health and safety, industrial policy and cultural diversity; calls to include respective specific clauses into this agreement;

Amendment 69 #

Motion for a resolution
Paragraph 10

10. Stresses that investment agreements concluded by the EU must respect the capacity for public intervention, in particular when pursuing public policy objectives such as social, environmental, human rights, security, workers' and consumers' rights, public health and safety, industrial policy and cultural diversity; ~~calls to include respective specific clauses into this agreement;~~

Amendment 7 #

Motion for a resolution
Citation 12 b (new)

- having regard to the common decision of EU and China, taken at the 14th EU- China Summit held in February 2012 in Beijing, to launch negotiations on a bilateral investment agreement;

Amendment 70 #

Motion for a resolution
Paragraph 10 a (new)

10a. Requests that in this agreement, as in the case of the other trade commitments into which the EU has entered, protecting public services should remain a key principle;

Amendment 71 #

Cristiana MUSCARDINI

Motion for a resolution
Paragraph 10 a (new)

10a. Underlines that the future development of EU-China investment agreement shall be based on mutual trust and in full respect of WTO obligations. Deplores the huge levels of public subsidization of certain growth potential sectors, including solar panels, and calls on the Commission to ensure that the injurious effect of such dumping and subsidization shall be completely removed to speed the negotiations.

Amendment 72 #

Motion for a resolution
Paragraph 11

11. ~~Recommends that w~~With regard to market access~~, both parties may exclude certain sectors from the libera~~ stresses that interventionist industrial policies, inadequate protection of intellectual property rights (IPRs), ambiguities in substance and in appliscation ~~commitments~~of rules and other non-tariff and technical barriers to trade should be addressed;

Amendment 73 #

Motion for a resolution
Paragraph 11

11. Recommends that with regard to market access, both pParties may ~~exclude certain sectors from the liberalisation commitments;~~commit to appropriate phasing-in periods and transitional arrangements for certain sectors to ease the path to full or partial liberalisation therein; acknowledges also that both Parties may not take commitments in certain sectors.

Amendment 74 #

Motion for a resolution
Paragraph 11

11. Recommends that with regard to market access, both parties may exclude certain sectors from the liberalisation commitments; recalls however that the EU has not yet developed a fully-fledged industrial policy and reminds that a first step in that direction would be the setting up of a body tasked with the supervision of foreign investment in strategic sectors similar to CFIUS in the US;

Amendment 75 #

Motion for a resolution
Paragraph 11

11. Recommends that with regard to market access, both parties may exclude certain sectors from the liberalisation commitments; the agreement shall not include commitments covering audiovisual services and public utilities;

Amendment 76 #

Motion for a resolution
Paragraph 11

11. Recommends that with regard to market access, both parties may exclude certain sectors from the liberalisation commitments; demands, in this respect, that the public services and cultural and audiovisual services sectors be excluded from the negotiations on market access, in line with the provisions on these policies set out in the EU treaties;

Amendment 77 #

Motion for a resolution
Paragraph 11 a (new)

11a. Considers that, since it is difficult to access Chinese markets owing to the preponderance of state-run companies, the agreement must, if it is to be balanced, be viewed as a key opportunity to establish a level playing field for both state-run and private-sector companies;

Amendment 78 #

Motion for a resolution
Paragraph 11 a (new)

11a. Stresses the need to ensure in the agreement the EU's capability to exclude certain strategic sectors from Chinese investors;

Amendment 79 #

Motion for a resolution
Paragraph 12

12. Stresses that nothing in the agreement shall prevent the Parties from defining and implementing policies for the promotion and protection of cultural diversity, including taking only reciprocal commitments in the cultural services sector and audiovisual services subsector, while negotiating relevant carve-outs for sensitive cultural and audiovisual products;

Amendment 8 #

Motion for a resolution
Recital A

A. whereas trade between EU and China has been growing rapidly and continuously in the last three decades, reaching a peak amount of total trade of EUR 433,8 billion in 2012, and whereas the imbalance in bilateral trade has been in China's favour since 1997; whereas this trade deficit amounted to EUR 146,0 billion in 2012 compared to EUR 49 billion in 2000;

Amendment 80 #

Motion for a resolution
Paragraph 12

12. Stresses that nothing in the agreement shall prevent the Parties and, in the EU’s case, its individual Member States, from defining and implementing policies for the promotion and protection of cultural diversity;

Amendment 81 #

Motion for a resolution
Paragraph 12

12. Stresses that ~~nothing in~~ the agreement shall ~~prevent the~~allow Parties ~~from~~to defin~~ing~~e and implement maing policies for the promotion and protection of cultural diversity;

Amendment 82 #

Motion for a resolution
Paragraph 12 a (new)

12a. Stresses that the agreement must promote investment which is sustainable, inclusive, and respects the environment, particularly in the area of extractive industries, and encourages good quality working conditions in the enterprises targeted by the investment;

Amendment 83 #

Motion for a resolution
Paragraph 13

13. Calls for a clause that an investor shall provide ~~such~~relevant information to a potential host State party as that party may require concerning the investment in question for purposes of decision-making in relation to that investment or solely for statistical purposes, while the Party shall protect any confidential business information from any disclosure that would prejudice the competitive position of the investor or the investment;

Amendment 84 #

Motion for a resolution
Paragraph 13 a (new)

13a. Stresses the need for the future agreement to include provisions on the transparency and governance of state-run companies and sovereign wealth funds, based on the Santiago Principles, which were adopted under the auspices of the IMF and define the principles applicable to the governance and institutional structure of sovereign wealth funds and to the transparency of their investment strategy;

Amendment 85 #

Motion for a resolution
Paragraph 14

14. ~~Reiterates its call for a binding corporate social responsibility clause and effective~~Calls on both Parties to implement a sustainable and inclusive investment strategy that should include a corporate social responsibility clause with concrete guidelines for investors as well as an efficient assessment methodology for public authorities overseeing the resulting investments in terms of their social and environmental ~~clauses~~impact;

Amendment 86 #

Motion for a resolution
Paragraph 14

14. Reiterates its call for a binding corporate social responsibility clause ~~and effective social and environmental clauses~~, which is in line with the UN Guiding Principles on Business and Human Rights, and binding social and environmental clauses as part of a fully- fledged sustainable development chapter that is subject to a dispute settlement mechanism;

Amendment 87 #

Motion for a resolution
Paragraph 14

14. Reiterates its call for a binding corporate social responsibility clause and effective social and environmental clauses; Investors should apply the ILO Tripartite Declaration on Multinational Enterprises and Social Policy and the OECD Guidelines for Multinational Enterprises, as well as specific or sectoral standards of responsible practice where these exist;

Amendment 88 #

Motion for a resolution
Paragraph 14

14. Reiterates its call for a ~~binding~~ corporate social responsibility clause and effective social and environmental clauses;

Amendment 89 #

Motion for a resolution
Paragraph 14 a (new)

14a. Stresses that the agreement shall oblige Chinese investors in the EU to obey to European social standards and social dialogue;

Amendment 9 #

Motion for a resolution
Recital B

B. whereas foreign investment stock of the EU in China in 2011 amounted to EUR 102 billion and foreign investment stock of China in the EU in the same year amounted to EUR 15 billion; whereas foreign investment stock from China in the EU amounted to EUR 3.5 billion only in 2006;

Amendment 90 #

Motion for a resolution
Paragraph 14 a (new)

14a. Underlines the need for the EU- China bilateral investment agreement to deliver on both sustainable growth and job creation, and to foster synergies and positive spill-over effects with other regional trade and investment agreements to which the EU or China are party; stresses in this regard the window of opportunity which the EU-China bilateral investment agreement represents with respect to the prospects of triangular economic integration between China, Taiwan, and the EU in the longer term;

Amendment 91 #

Motion for a resolution
Paragraph 14 a (new)

14a. Calls on the Commission to complement its impact assessment by also assessing the impact of the EU-China investment agreement on human rights, as it has committed to do under the Strategic Framework and Action plan on Human Rights and Democracy;

Amendment 92 #

Motion for a resolution
Paragraph 15

15. Calls for a clause that investors shall be subject to civil actions for liability in the judicial process of either their home or host state for the acts or decisions made in relation to the investment where such acts or decisions lead to significant environmental damage, personal injuries or loss of life in the host state;deleted

Amendment 93 #

Motion for a resolution
Paragraph 15

15. ~~Calls for a clau~~Stresses that investors shall be subject to national legislation and civil actions for liability in the judicial process of either their home or host state, in particular for the acts or decisions made in relation to the investment where such acts or decisions lead to significant environmental damage, personal injuries or loss of life in the host state;

Amendment 94 #

Motion for a resolution
Paragraph 15 a (new)

15a. Reminds and stresses the need for all investors to fully comply with the law of the host Party at the local, regional, national and where applicable supranational level and warns investors that failure to respect the rule of law shall be subject to civil actions for liability in the judicial process of the relevant jurisdiction for any unlawful acts or decisions made in relation to the investment, including cases where such acts or decisions lead to significant environmental damage, personal injuries or loss of life;

Amendment 95 #

Motion for a resolution
Paragraph 16

16. Insists to include in the agreement a clause which prohibits the watering-down of social and environmental legislation in order to attract investment, and that neither party shall fail to effectively enforce those laws through a sustained or recurring course of action or inaction, as an encouragement for the establishment, acquisition, expansion, or retention of an investment in its territory;deleted

Amendment 96 #

Motion for a resolution
Paragraph 16 a (new)

16a. Insists that the EU-China bilateral investment agreement must comply with the EU acquis, including social and environmental legislation in force, and that neither Party shall fail to effectively enforce its legislation in these areas, so that all provisions of this agreement encourage lawful establishment, acquisition, expansion, or retention of an investment in the respective territory of both Parties, and foster best entrepreneurial practices and business fair play;

Amendment 97 #

Motion for a resolution
Paragraph 16 a (new)

16a. Insists on the need to request in the agreement the compliance of foreign investors with EU data protection standards;

Amendment 98 #

Motion for a resolution
Paragraph 16 a (new)

16a. Requests to include an 'international obligation clause' in the agreement, which provides that obligations regarding the protection of investors must be read subject to all parties' obligations under international treaties and customary international law, in particular concerning human rights, labour rights and the protection of the environment; requests therefore that an investment agreement should not curtail progress in ratifying and fully implementing international human rights, ILO Conventions and multilateral environmental agreements by both Parties;

Amendment 99 #